Terms of use
BETWEEN:
CALAMEO SARL, a private limited corporation with a capital of €1,000 having its registered office at 25, rue de Ponthieu – 75008 PARIS, registered with the Trade Register of PARIS under number 503 780 439, represented by its Manager, (hereinafter designated as the “Corporation” on the one hand,
AND:
You, user of the CALAMEO Service, having duly documented all the identification details about yourself on opening your CALAMEO account, (hereinafter designated as the « User ») on the other hand, (The Corporation and the User being hereinafter jointly designated as the « Parties » and individually as one « Party »)
IT IS FIRSTLY STATED AS FOLLOWS:
The Corporation runs a business consisting, among other things, of hosting and publishing digital Contents in various forms. The Corporation has developed a service called CALAMEO, which is accessible on the Internet and permits (i) the automated on-line creation of a publication in the form of an electronic book in various document formats as well as (ii) access to this publication on the Internet. The user wishes to open an account on the CALAMEO Service to have access to more features available on said service.
In order to be allowed access to the Calameo Service, the user acknowledges that he has been informed and accepts the terms of use expressed as follows:
Object
These terms of use (the « Terms of use ») define the terms applicable to the automated on-line creation of the CALAMEO service (the « Service »), which also makes a publication available to the public in the form of an electronic book accessible on the Internet through the URL address www.calameo.com (the « Site »).
Registering to the Service and opening a User Account
Before using the Service, the User should first follow the registration procedure accessible on line on the Site, before opening a User account (the « User account »).
The User cannot use the Service nor accept the Terms of Use if (a) the User does not have the required legal majority to enter into any agreement with the Corporation, or (b) if the laws of the country where the User is residing or of the country from which the User is getting access to the Service or using it forbid him or her to receive or use the Service or prohibit such receipt or use.
The User undertakes to sincerely document all requested data during the procedure, and guarantees the Corporation against the consequences generated by any incorrect data item. In particular, the User acknowledges that, by law, the Corporation is entitled to suspend any User account with incorrect personal data about the User.
The User shall have access to his User Account and to the Service once his registration has been validated by way of an email confirming his registration, which will be sent to the email address provided by the User on completion of the procedure of registration to the Service.
Describing the Service – Applicable financial terms
The User shall have access to the Service from his User Account for the on-line creation in a nearly automated way, of an electronic publication accessible on the Internet (the « Electronic Publication ») from various document formats.
The Corporation reserves the right at any time to modify all or part of the Site and Service features.
For each User Account, the Corporation shall give free access to certain functionalities listed at the URL address: http://www.calameo.com. Should this opportunity be provided by the Corporation, the User would be entitled to benefit from additional functionalities than compared to the free release of the Service, while meeting the contractual terms applicable to this extension of functionalities.
Agreement on ID evidence
The ID and password selected by the User to have access to his or her account are strictly personal. Therefore, the User acknowledges that any use of his User Account through the ID/password combination corresponding to a User Account shall be deemed as having been performed by the User who opened said account. The User must therefore be careful not to give his ID and his password to anyone else.
Intellectual property
Site Content
The Site which is available through the Service, including in particular all texts, graphs, images, photo, videos, data, sounds and other files, (hereinafter referred to as the « Site Content ») exclusively belongs to the Corporation or to its licensors, whose all rights are reserved. Unless expressly mentioned on the Site, no Site Content can be used by the User without prior written agreement from the Corporation. This clause is not applicable to the legally published User Content (as defined hereafter) on the Site.
Subject to meeting the requirements for using the Site and provided copyrights and property rights are not modified, the User shall be entitled to a license for using the Site Content, which shall be restricted to his needs for the Site and accessible Site Content within the Service implementation. The Terms of use should not be deemed as being an intellectual property right transfer over the Site Content in favour of the User, the Corporation reserving all rights other than those expressly granted above for the purpose of using the Service.
User Content
The User shall be solely responsible for the Content he or she has placed on the Site and in particular for the Content he or she has included in the Electronic Publications (hereinafter designated as the « User Content ») regardless of the form of said Content. For such purpose, the User shall verify that the User Content complies with all applicable legal provisions. The User shall under no circumstance publish on the Site any User Content of which he or she is not the author or for which he or she is not entitled to the rights required to use the Content on the Site. The User agrees without any reserve that the Corporation may, if necessary, modify the Site or cancel or remove (without prior notice) any Site Content, in his own entire discretion, or any User Content if the Corporation considers that the latter has violated these Terms of Use, as well as any User Content likely to be offensive or illegal or to violate the rights of the Service users or third parties or else to jeopardise the safety of the Service users or of third parties or to treason it.
By publishing a User Content on the Site, the User expressly confers to the Corporation the right to use the User Content allowing the Corporation to create the copies required to permit the publication and storage of the User Content on the Site. At any time, the User can remove a User Content inserted by him or her on the Site. The User allows the Corporation to keep some stored copies of the User Content that were removed by the latter, for saving purposes.
Using the Service
In using the Service, the User udertakes:
- Not to distribute all or part of the Site, among which in particular contents supplied by other users of the Site, on any medium, without any prior permission by writing from the Corporation;
- Not to modify or alter all or part of the Site or Service (including in particular the Calameo reader and associated technologies) ;
- Not to have access to the available contents on the Site (including the Site Content, as defined below) thanks to any other means or technology than the pages and reading tools available on the actual Site, the Calameo or any other means the Corporation may explicitly designate to such effect;
- Not to attempt to bypass, deactivate or disturb in any way whatsoever any feature of the Site relating to safety or any feature (i) hindering or restricting the use or copy of the contributions made by users of the Site or of the Site Content or (ii) imposing limitations to the use of the Site or of the content accessible on the Site.
The User acknowledges that by simply using the Site and Service, he or she may be exposed to inaccurate, shocking, indecent or reprehensible contents in any other way. The User undertakes not to take any legal action against the Corporation on the grounds of the available contents on the Site.
Where the User uses the Calameo reader by including it into one of his or her web pages, the User undertakes to include a visible return link to the Site on the pages containing the Calameo reader, and the User undertakes not to modify the Calameo reader in any way.
Furthermore, the User undertakes not to use nor launch any automated system (including in particular any robot, spider or reader, not on line, with access to the Site) sending more request messages to the Corporation servers for a given period than any human being can reasonably produce for the same period using a standard Internet explorer (meaning an explorer that has not been modified) available to the public. Notwithstanding the foregoing conditions, the Corporation grants to the public search engine managers the permission to use spiders to copy materials from the Site with the sole aim of creating indices of such materials to be consulted by the public, but not any masks or archives of these materials. The Corporation reserves the right to revoke these exceptions, either in general or in specific cases.
The User also undertakes to not collect personal data about any user of the Site or Service (this including the user account names of the Service).
Finally, the User undertakes to not use the Site or Service (including electronic mail comments and features on the Site) to solicit any business or any activity linked to a trading corporation.
Links from the Site
The Service may contain some hyperlinks pointing to other Internet sites that are not under the control of the Corporation. The Corporation has no control over the content, the charters on personal data protection or third party site practices and shall accept no responsibility in this regard.
The User acknowledges that the Corporation shall not be responsible for the availability of these sites and external resources and shall not cover the publicity or products or other materials appearing on these Internet sites or external resources or accessible from them.
The User acknowledges that the Corporation shall not be held liable for any damage or loss suffered by the User due to the availability of such sites or external resources or due to the trust granted by the User as to the exhaustive, accurate or existing publicity, any product or any other material on these Internet sites or resources or accessible from them.
Observance of third parties’ rights
The User acknowledges and accepts that he or she is fully responsible for the User Content and for the consequences of its posting or publishing. The Corporation shall not cover any contents or opinion published by any user of the Site, or any recommendation or opinion expressed in any publication posted by any user of the Site, and shall not accept in any way any responsibility regarding such contributions.
The User represents and guarantees that he or she is holding all the rights, licenses, consents and permissions required for allowing the Corporation to use the User Content for the purpose of providing the Service and more generally under the terms hereof.
The User shall under no circumstance publish on the Site any content infringing upon any third parties’ rights and in particular any intellectual property right. In the event where the Corporation would receive any notice about the alleged violation of third parties’ rights resulting from the publication of a User Content, the Corporation reserves the right to deactivate the access to said content or to the actual Electronic Publication.
In any case, the User shall guarantee the Corporation against any consequence on the Corporation of any legal action initiated by any third party against the Corporation resulting from the infringement of a third party’s right due to the publication of the User Content.
Hosting of Electronic Publications – No backup commitment
Except for personalization contents in any Electronic Publications likely to be supplemented by the User, according to the Service features, the User Content included in his Electronic Publications shall be hosted by the Corporation.
The User shall be fully responsible for the creation of backup copies and their cost as well as for User Content replacement, published or hosted on the Site or supplied to the Corporation by the User.
Update of the Terms of Use
Should the Terms of Use applicable to the Service be updated, the thus updated contractual terms would become available to the User on the Site. The creation of any new publication by the User once a new version of the Terms of Use has become available, shall require prior validation of the last available version of the Terms of Use. If this new version of the Terms of Use is accepted, the new version shall apply from the date of acceptance by the User, to all Electronic Publications appearing on his User Account, as well as any new use of the Service.
Service Availability
The Corporation shall not guarantee the permanent availability of the Site or Service. Indeed, from time to time, the Site and/or Service may be temporarily unavailable, particularly for maintenance purposes. The Corporation shall not be held liable should the User suffer from any damage due to unavailability of the Service.
Liability
The Site, Service and Site Content are supplied « in their current condition ». To the extent permitted by law, the Corporation shall not grant any express or implied guarantee as to the Site or Service operation, shall exclude all guarantees and shall not make any statement on the relevance, the exhaustive nature, the reliability, the current value and the absence of errors in the Site or Service software, contents or items.
The overall liability of the Corporation towards the User for all that may generate any liability under the Terms of Use shall be limited to the largest sum among the amounts paid to the Corporation by the User for a period of six consecutive months of using the Site.
In any case, the Corporation shall not be held liable for any incidental damage suffered by the User. In respect thereof, the Parties expressly acknowledge that any loss of goodwill, opportunity, turnover, data or loss of profit shall be considered as incidental damages.
Term
The Terms of Use shall become effective as soon as they are accepted by the User. Except otherwise stated, they shall be signed for an undetermined duration and may be terminated by either Party, provided such termination is notified by electronic mail to the other Party with a 5-calendar day prior notice.
In addition, the User shall be entitled to terminate the Terms of Use by closing his or her User Account as permitted on the Site. In this event, the termination shall become immediately effective.
Should the Terms of Use be terminated by the User for his or her own convenience, any owed sum under the subscription to the Service shall remain owed, and there shall be no refund of any prepaid amount corresponding to Services terminated for convenience by the User.
Concerning notices served to the Corporation and except otherwise stated, any termination notice on the part of the User should be sent to the following email address: contact@calameo.com.
Termination due to negligence
Should one of the Parties significantly fail to accomplish one of its obligations under the Contract, the other Party shall be entitled to terminate these Terms of Use subject to prior written summons to be sent to the failing Party by email, if the failure has not been remedied within 15 days from the receipt of the summons. Notice of the implementation of the termination is to be sent by writing.
In case of obvious violation of third parties’ rights by the User, the Corporation shall be entitled as a matter of law to terminate the Terms of Use, subject to notice to the User by email.
Terminating the Terms of Use shall halt the Service and make the User Account and Electronic Publications inaccessible to the User.
Personal data
Pursuant to the Law No.78‑17 dated 6 January 1978, the User avails of a privilege, of a right to rectify, update, lock and remove personal data about himself and the data collected by the Corporation. Such rights can be exerted by the User by sending an email to the Corporation to the following email address: contact@calameo.com.
Miscellaneous
Entire agreement
The Terms of Use define the entirety of the agreement between the Parties concerning the contractual terms applicable to the use of the Site and of the Service by the User.
If the Terms of Use are written up in other languages than French, these documents shall only be provided for information purposes, the French version of the Terms of Use being the sole valid version between the parties.
Voidance of contract
Should one of the stipulations in the Terms of Use be deemed as null or void by any relevant jurisdiction, the Parties accept that said clause shall be only considered as non-written and that all other stipulations in the Terms of Use shall remain effective.
Applicable law and grant of jurisdiction
The Terms of Use are governed by the French Law. To the extent permitted by law, any litigation concerning the Terms of Use shall be referred to the Commercial Court of Paris, notwithstanding the plurality of defenders, call for surety or emergency proceedings by injunction order or petition.
