General Terms and Conditions of Sale
CALAMEO SARL, a limited liability company with a registered capital of 200,772 euros, headquartered at 25, rue de Ponthieu- 75008 PARIS, FRANCE, email: firstname.lastname@example.org, website: http://www.calameo.com/ registered in the PARIS Trade and Companies Register under number 503 780 439, represented by its manager, (hereinafter referred to as the "Company") on the one hand,
You, user of the CALAMEO service, have duly entered all personal data required and declare that you have full legal capacity to use all services provided by the Website – including, if applicable, as proxy or as principal for a group regardless of its form -, at the date your CALAMEO account is opened, (hereinafter referred to as the "User") on the other hand,
The Company and the User are hereinafter referred to jointly as the "Parties" and individually as a "Party"
THE FOLLOWING IS HEREBY AGREED:
A. The Company runs a business consisting, among other activities, of hosting and publishing digital content in a variety of forms. The Company has developed a Service called CALAMEO, which is accessible on Internet and which proposes (i) the automated online creation of an electronic publication that can incorporate different document formats, (ii) to make this publication available on Internet, (iii) to provide access to all public and, if applicable, private publications published on its Website.
B. The User wished to open a CALAMEO Service account. To be able to use the Calaméo Service, the User declares that s/he acknowledges and accepts the General Terms and Conditions of Sale hereof.
The General Terms and Conditions of Sale hereof (the "GTCS") define the rights and obligations of the Parties as regards the free provision and sale of products and services by CALAMEO to the User of the www.calameo.com Website (the "Website").
In this respect, the User unconditionally accepts the provisions provided for under the GTCS hereof and CALAMEO reciprocally agrees to fulfil its obligations set out under the GTCS hereof.
The services that CALAMEO proposes to the User of the www.calameo.com Website are defined as follows:
- "Free account": refers to the first offer of services proposed to all Users of the Website. This first offer of services is totally free-of-charge for the User, except for the Internet connection cost which remains the responsibility of the User. Free Account Special Terms and Conditions of Use are defined under Article 3.1.
- "Premium account": refers to the second offer of services proposed to Users of the Website. This is a paid-subscription account that offers the User access to advanced features on the Website. Premium Account Special Terms and Conditions of Use are defined under Article 3.2.
- "Platinum account": refers to the third offer of services proposed to Users of the Website. This is a paid-subscription account that offers the User access to all features available on the Website. Platinum Account Special Terms and Conditions of Use are defined under Article 3.3.
- "Solo or self-hosted publication": refers to the fourth offer of services proposed to Users of the Website. This provides local-mode Users with the right to use the Calaméo format on their publications. Special Terms and Conditions of Use for Solo or Self-hosted Publication are defined under Article 3.4.
3. Service Description – Applicable Financial Terms and Conditions
The General Terms and Conditions of the Service are as follows:
- The User has access to the Service from a personal User Account. The Service proposes quasi-automated online creation of an electronic publication that can incorporate different document formats and that is accessible on Internet (the "Publication"). The extent of the Service offered by the Website depends on the subscription the User chooses. The Service can only be accessed by Users who have not been temporarily or permanently excluded by the Company.
- Regardless of the subscription chosen, the User creates a User Name and a confidential Password that s/he is solely liable for, to access her/his User Account on the Website, to confirm her/his orders and to modify them at any time. The User is solely liable for the confidentiality of the Password chosen and for the renewal of her/his User Name and Password. The Company confirms the User Name and Password to the User by email. When the User registers on the Website, s/he declares that any data s/he provides the Company with is accurate and reliable (i.e. name, address, email, etc.). The User undertakes to update the aforementioned data and to inform the Company of any modification to this data.
- The User defines the conditions for making her/his contents that s/he publishes on the Website (hereinafter "Publications") accessible to other Users. The Company proposes two Publication Modes: (i) a Public Publication Mode, where the Publication is accessible to Internet search engines and to any User of the Website, and which is the mode proposed by default when a User opens an account, (ii) a Private Publication Mode, where the User decides which Users are authorized to access and to use the User's Publications. By defining the Publication Mode for her/his Publications, the User acknowledges that s/he provides any User that accesses her/his content with a non-exclusive licence to access and use her/his content under the terms and conditions s/he chooses pursuant to the aforementioned Publication Modes. In the event that the User does not choose a specific Publication Mode, s/he provides any User that accesses her/his Publications with a non-exclusive licence to access and use her/his content, including, but not limited to, the right to compile, add to or delete the Content of the User in a Calaméo library, by inserting it via the Website sharing features in another website selected by the other Users of the Service. The User may authorize her/his Publications to be downloaded and/or printed. If the User authorizes her/his Publications to be downloaded and/or printed, s/he explicitly authorizes the Users to retain, copy and use the sources of her/his Content or the printouts of her/his Content for non-commercial purposes.
In any event, the use of the Free Account, the Premium Account and the Platinum Account, as described hereinafter, is authorized on the Website for use on a non-industrial scale. For any intensive use that exceeds 1,000 publications, 1,000,000 reads per month or 15 GB of storage space, the Company reserves the right to propose a personalized quote that is adapted to the User's needs.
3.1. Free Account Terms and Conditions of Use
The Free Account is accessible to all Users of the Website.
To open a Free Account and access it, the User defines a User Name and Password, which are strictly personal. The User Name and Password permit the User to access her/his account.
The Free Account offers access to a publication space where the User may publish documents. The User may propose an unlimited number of publications.
Free Account subscription is permanent.
3.2 Premium Account Terms and Conditions of Use
The Premium Account is a paid-subscription account.
The User may pay the subscription fee:
- every month, with tacit subscription renewal;
- every year, without tacit subscription renewal.
In any event, the User is invited to update her/his credit card details when the card expires and a new one is issued. The PREMIUM Account User benefits from the advantages specified on the following page: http://www.calameo.com/upgrade/.
The User also declares that s/he acknowledges and unconditionally accepts that subscription to a PREMIUM Account does not entitle her/him to reimbursement under any circumstances.
3.3. PLATINUM Account Terms and Conditions of Use
The PLATINUM Account is a paid-subscription account.
The User may pay the subscription fee:
- every month, with tacit subscription renewal;
- every year, without tacit subscription renewal.
In any event, the User is invited to update her/his credit card details when the card expires and a new one is issued. The PLATINUM Account User benefits from the advantages specified on the following page: http://www.calameo.com/upgrade/.
The User also declares that s/he acknowledges and unconditionally accepts that subscription to a PLATINUM Account does not entitle her/him to reimbursement under any circumstances.
3.4. Solo or Self-hosted Publication Terms and Conditions of Use
A Solo or self-hosted Publication requires subscription to a Free Account at least.
A Solo or self-hosted Publication is a publication from the User that the User may download locally and may be white-label used (no mention of Calaméo) on any digital media: CD-Rom, flash drive, computer, User's server, etc. (list not exhaustive).
The right of use of a Self-hosted Publication is payable for each publication the User selects.
Technical details about Self-hosted Publications are specified on the following page: http://www.calameo.com/upgrade/.
The purchased Self-hosted Publication is delivered as is. The User is liable for ensuring that her/his Publication is definitive prior to purchasing a Self-hosted Publication. The User declares that s/he acknowledges and unconditionally accepts that the content of Self-hosted Publications cannot be modified and that Self-hosted Publications cannot be read with iPads or iPhones. The User also declares that s/he acknowledges and unconditionally accepts that the purchase of a Self-hosted Publication does not entitle her/him to reimbursement under any circumstances.
4. Agreement on Proof of Identity
The User Name and Password chosen by the User to access her/his account are strictly personal. Consequently, the User acknowledges that any use of her/his User Account accessed by entering the User Name/Password combination that corresponds to a User Account will be deemed undertaken by the User who opened the given Account. The User is liable for retaining, not transmitting and not losing her/his User Name or Password.
Pursuant to Articles 1316 et al of the French Civil Code, and if applicable, Article L.110-3 of the French, information provided by the CALAMEO Website prevails between the Parties.
5. Intellectual Property
5.1. Website Content
All elements of the Website that are available via the Service, including in particular all texts, graphics, images, photos, videos, data, sound and other files, (hereinafter referred to as "Website Content") are the exclusive property of the Company or of its licensors and all their rights are reserved.
Unless indicated otherwise on the Website, the User is not authorized to use any Website Content without prior written agreement from the Company.
This clause does not apply to the User Content (as defined hereinafter) that is regularly published on the Website.
Provided that conditions required for using this Website are complied with and that copyright and other proprietary notices are not amended, the User is granted a licence to use the Website Content, which is limited to her/his requirements of use of the Website and Website Content, accessible through the Service. The Service grants the User a non-exclusive and non-transferrable licence to use the Website Content to:
- view, use and access User Publications,
- view, use and access all Website Content, pursuant to the Company's aforementioned property rights' reservation,
- participate in any programme, service or Service feature available at the date of the initial use and in the future.
The General Terms and Conditions do not imply a transfer of Website Content intellectual property rights to the User; the Company reserves all rights other than those explicitly granted here above for use of the Service.
5.2. User Content
The User is solely liable for the content that s/he makes available on the Website and in particular for the content that s/he includes in her/his Publications (hereinafter referred to as "User Content"), regardless of the form of the content.
As such, the User ensures that the User Content complies with all legal provisions applicable. The User refrains from publishing any User Content on the Website that s/he is not the author of or for which s/he does not hold the rights required to use this content on the Website.
The Company prohibits the publication of any document that, in particular, contains:
- statements that are slanderous, defamatory, infringe privacy, advertising or any third-party right;
- viruses, spyware, adware, worms or any other malicious code, content or file that provide access to illegal content outside the Website or that automatically lead to such access.
The User is solely liable for any damage caused by her/his Publications, in particular when they are published online in such a manner that they infringe the General Terms and Conditions of Sale hereof.
The User unconditionally agrees that the Company, in its sole discretion, may, if necessary, modify the Website or delete or remove (without any notice) any Website Content or any User Content that it deems an infringement of the General Terms and Conditions of Sale hereof, as well as any User Content that may be offensive, illegal or liable to infringe the rights of users of the Service or third parties, or that may be a threat to the safety of Service Users, third parties or may prejudice or harm.
By publishing a Publication on the Website, the User explicitly grants a right of use of the User Content to the Company, which enables the Company to create copies required for publishing and storing the User Content on the Website. The User has the right to delete User Content that s/he has made available on the Website at any time. The User agrees that the Company may keep archived copies of the User Content that s/he has deleted for backup purposes.
The Company reserves the right to delete any User Content that contravenes the Article hereof, without notice. The Company does not endorse any content or opinion published by a Website user, any recommendation or opinion expressed in a publication by any user of the Website, and disclaims any and all liability for these contributions.
6. CALAMEO Obligations
Except where otherwise provide for under these General Terms and Conditions of Sale, the Service proposed by CALAMEO is a service that is only accessible via Internet. Regardless of the media hardware used by the User: computer, mobile phone, smartphone, tablet, game console, ADSL/cable/satellite/fibre-optic connection box, CALAMEO's Service is subject to the vagaries of the Internet network.
As such, CALAMEO cannot be held liable for guaranteeing service.
Pursuant to the General Terms and Conditions of Sale hereof, a disruption of service is considered as the impossibility to access all or part of the Website, regardless of the cause.
If service is disrupted due to a CALAMEO infrastructure reason, the Company undertakes to make every effort to restore access to the Website as quickly as possible. Such undertaking is not applicable for disruptions of service related to User connection or usage conditions, or to other service providers that CALAMEO may call upon for the Website (without this list being exhaustive, this includes webhosts, external servers, the CALAMEO Internet access provider, etc.).
As such, CALAMEO cannot be held liable for guaranteeing that data and documents uploaded to the Website are saved. CALAMEO invites the User to keep a digital or printed copy of the documents that s/he publishes on the Website.
In the event of beta version usage or reader or Calaméo Website testing, the User unconditionally accepts that this version cannot be used in a production environment and that this version may be subject to many malfunctions, which do not entitle the User to any compensation.
In the event of disruption of service, CALAMEO cannot be held liable for any compensation, in any form whatsoever.
The Service may contain hyperlinks to other websites that are not controlled by the Company. The Company has no control over the content, personal data privacy charters or practices of third-party websites and disclaims any and all liability in this respect. The User acknowledges that the Company cannot be held liable for the availability of these external websites and resources and that the Company does not endorse advertising, products or other items displayed on these external websites or resources or accessible from them. The User acknowledges that the Company cannot be held liable for any damage or loss that the User may suffer as a result of the availability of these external websites or resources or as a result of the confidence that the User shows vis-à-vis the completeness, the accurateness or the existence of any advertising, product or other item displayed on these external websites or resources or accessible from them.
In any event, the Company cannot be held liable for any indirect damage whatsoever that the User may be subject to. In this respect, the Parties explicitly agree that indirect damage refers to any loss of clientele, opportunity, turnover or data, as well as any shortfall.
7. User Obligations
The provision of the CALAMEO Website Service begins when the Account is opened, regardless of the type of subscription or of Account chosen by the User. The Website User has no right of withdrawal, pursuant to Article L.121-20-0 of the French Consumer Code.
Regardless of the type of subscription chosen, the CALAMEO Website User agrees to make reasonable use of the Website and software or applications made available to her/him on the Website pursuant to the General Terms and Conditions of Sale hereof.
Misuse of the CALAMEO Service is prohibited in any form whatsoever.
CALAMEO, in particular, formally prohibits the User from (without this list being exhaustive):
- (i) Misappropriating the purpose and objective of the Website, such as defined under point A of the Preamble of the GTCS hereof: i.e. publishing and viewing lawful content that it owns on Internet;
- (ii) Damaging, in any way or by any means, the integrity of the Website and the Service, the property rights of the website or of other Users;
- (iii) Renting, selling, reselling, licensing or distributing licences provided by the website for services or any Service content;
- (iv) Using the Website and/or the Service for spamming purposes, email bombing, abusive emailing campaigns, abusive SEO, infringement of authors' rights, related rights, copyrights, publication of slanderous, defamatory, violent, sexually-explicit content or content that incites racial hatred.
- (v) Modifying or altering any part of the Website or Service (including, in particular, the Calaméo reader and related technologies);
- (vi) accessing contents available on the Website (including the website Content, as defined above) using means or technology other than the pages and reading tools available on the Website itself, the Calaméo reader and any other means that the Company may make explicitly available for this purpose;
- (vii) attempting to or actually bypassing, deactivating or destabilizing, in any way or by any means, any security-related function of the Website (i) preventing or restricting the use or copy of contributions made by users of the Website or of the Website Content itself or (ii) imposing limitations on the use of the Website or on the Content accessible on the Website;
- (viii) attempting to or actually decomposing, decompiling or tapping into all or part of Calaméo's source code, the source code of the Website, of the reader or of any other tool proposed by Calaméo on its Website.
Furthermore, the User undertakes not to use or launch an automated system (including, in particular, any robot, spider or reader offline that may access the Website) that sends more query messages to the Company's servers over a given period of time that could not be reasonably produced by a human over the same period of time using a standard Internet browser (i.e. a non-modified one) available to the public. Notwithstanding the aforementioned, the Company grants public search engine administrators the authorization to use spiders to copy items from the Website exclusively for indexing these items for public viewing, but not to copy caches or archives of these items. The Company reserves the right to revoke these exceptions in a general way or case by case.
The User who opens an Account for a community, association, organization, group or company declares that s/he holds the proxy required to do so.
The User is solely liable for the use that s/he makes of hyperlinks that direct to third-party websites and content and that are available on the Website or in User Content that s/he views.
The User is solely liable for any damage caused to the Service, to the Company or to any third party as a result of unauthorized use of the Website from her/his Account.
In the event of disregard to her/his obligations, provided for under applicable laws and the General Terms and Conditions of Sale hereof, CALAMEO will transmit formal notice to the User by postal mail or by email. If the User ignores this mail, CALAMEO reserves the right to suspend the User Account and access to her/his Publications for an unlimited period of time. CALAMEO also reserves the right to implement any technical or legal measure required to prevent a User, who disregards the General Terms and Conditions of Sale hereof, from accessing the Service. In this respect, CALAMEO will keep the sums paid by the User and undertakes not to claim further payment before the end of the Account suspension period.
8. Personal Data
CALAMEO undertakes to respect the confidentiality of personal data provided by the Website User and to handle such data pursuant to the French Data Protection Act of 6 January 1978.
CALAMEO informs the User that this data may be used by its in-house departments for processing User Accounts. CALAMEO may use this data to customize exchanges with its Users, in particular for postal mail and/or email. CALAMEO may also provide consolidated statistics to its partners relating to its Users and its Accounts, without these statistics containing any personal data.
CALAMEO informs the User that it may transmit this data in response to an administrative or legal injunction.
The User is informed, and unconditionally accepts, that the Website uses several audience measurement cookies. A detailed description of the audience measurement cookies implemented by the Website is viewable on a dedicated page on the Website, accessible from the Website Home Page.
When the User creates an account, s/he may choose to receive or to refuse commercial information, offers and proposals by email from CALAMEO and/or from its business partners.
Pursuant to the French Data Protection Act of 6 January 1978, the Website User has the right to access, to modify, to rectify and to delete personal data.
The User must request this in writing to:CALAMEO 25, rue de Ponthieu 75008 PARIS, FRANCE
9. Miscellaneous – Amendments to the General Terms and Conditions of Sale
Should any of the provisions of the General Terms and Conditions of Sale hereof be deemed illegal or unenforceable by a decision of court, this decision will not affect the validity of the other provisions which will remain in effect.
CALAMEO reserves the right to amend the General Terms and Conditions of Sale hereof. Any updates to the General Terms and Conditions of Sale hereof will be mentioned on the section of the Website dedicated to the General Terms and Conditions of Use.
The General Terms and Conditions of Sale hereof constitute the entire agreement between the Parties as regards the contractual conditions applicable for the use of the Website and the Service by the User.
When the General Terms and Conditions of Sale are provided in languages other than French, they are provided for information purposes only. The French version of the General Terms and Conditions of Sale prevails between the Parties.
Any notification transmitted to the Company, and unless otherwise provided, any notification from the User must be transmitted in writing to:CALAMEO 25, rue de Ponthieu 75008 PARIS, FRANCE
10. Applicable Law – Litigation
The General Terms and Conditions of Sale hereof are executed and interpreted in accordance with French law.
In the event of litigation, the User will first contact CALAMEO with a view to facilitating an amicable settlement of the dispute.
Failing this, French courts will be exclusively competent.