Terms of use and sales – GULLIVERN

Terms of use and sales

applicable to the website gullivern.org

Updated 3/30/2016

GULLIVERN.ORG is a service and website provided by MétaMètis SAS, located at 227 avenue Daumesnil, 75012 PARIS, FRANCE

The following terms of use governs your use of GULLIVERN.ORG, including without limitation any publisher content, user content, subscription or non subscription services related to GULLIVERN.ORG (together “the Site”). If you do not agree with these terms, you must not use or access the site.

By using or accessing the Site, you accept and agree to these terms of use and you agree to abide by all applicable laws and regultations regardless of your physical location.

You must not access the Site or accept these Terms if you are a person who is either barred or legally prohibited from receiving or using the Site under the laws of the country in which you reside or from which you access or use the Site.

Upon accessing the Site, you (“you”, “your” or the “User”) agree to accept this Terms of Use Agreement (the “Terms”).  These Terms are legally binding and create a contract between you and MétaMètis SAS (“the Publisher”, “MétaMètis”, “METAMETIS”, “Gullivern”, “our”, “us”, or “we”), owner and operator. Users agree to be responsible for compliance with applicable local, national and/or international laws by accessing the Site.

If you do not agree with the Terms, which include our Privacy Policy, log off immediately and you shall be prohibited from accessing the Site indefinitely.  Our Privacy Policy is located at https://gullivern.org/privacy.html

CHANGES TO TERMS OF USE, SITE, AND/OR PRIVACY POLICY

We may change these Terms, our Privacy Policy, and/or the Site at any time in our sole discretion with or without notice. You can review the most current version of the Terms by clicking on the “Terms of Use” link, located at the bottom of our website, at https://gullivern.org/terms-of-sales/ You are responsible for checking the Terms and Privacy Policy periodically for changes. If you continue to use the Site after we post changes to the Terms, Privacy Policy, or Site, you are signifying your acceptance of the new Terms and Privacy Policy as well as the changes in the Site.

We may discontinue or change the Site or features related to the Site at any time and without notice.   You agree to be bound by any changes by continuing to use the Site.  You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site.

If you do not accept changes you should stop using the Site.

VISITOR’S RESPONSIBILITIES

The Site is provided for your personal and non-commercial use.  You may use the Site for lawful purposes only.   You may not modify, copy, distribute, transmit, display, perform, reproduce, license, create derivative works from, reverse engineer, transfer or sell any information, content, software, products or services obtained from the Site, unless express permission has been granted by MétaMètis in writing.

You may not use our Site and its content :

  • For your own commercial gain;
  • To offer any form of advertising or promotion without our prior written consent; or
  • To provide any false personal information or any information, content, or material on account of anyone other than yourself without permission.

By using our Site, you agree:

  • To abide to these Terms of Use
  • Not to share or transfer your password, username or account to others, unless these password and username have been explicitly delivered as shared parameters by the Publisher.

You may not use the Site in any manner that could damage, disable, overburden, or impair our servers or networks or interfere with any other party’s use and enjoyment of the Site. You may not attempt to gain unauthorized access to any services, user accounts, computer systems, or networks through hacking, password mining, or any other means. We may take any legal and technical measures to prevent the violation of this provision and to enforce these Terms of Use.

You may not use the Site or any of our communication tools to transmit, directly or indirectly, any unsolicited bulk communications (including emails and instant messages). You may not harvest information about our users for the purpose of sending (or to facilitate the sending) of unsolicited bulk communications. You may not induce or allow others to use the Site to violate the terms of this section. We may terminate your access or use of the Site immediately and take other legal action if you, or anyone using your access to the Site, violates these provisions. We may take any technical measures to prevent unsolicited bulk communications from entering, utilizing, or remaining within our computer or communications networks.

We reserve the right to delete an account and/or remove any of your information, content, or material from the Site if it violates these Terms of Use.

If you select a username, we reserve the right to remove or reclaim it if we believe it is appropriate to do so.

USER SUBMISSIONS

Certain areas of the Site may enable you to post comments, send emails, or otherwise provide information or content to GULLIVERN.ORG or other persons.   You remain fully responsible for the materials that you provide to us or others, including without limitation information, audio recordings, photographs, documents, or other materials submitted, posted, uploaded, sent or otherwise transmitted to us or others (“User Content”).  You agree not to provide User Content that:

  • Infringes on, misappropriates or otherwise violates the copyright, trademark, patent or other intellectual property right of any person;
  • Is false, misleading, libelous, slanderous, defamatory, obscene, abusive, hateful, or sexually-explicit;
  • Violates a person’s right to privacy or publicity;
  • Contains advertising or a solicitation of any kind;
  • Degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, orientation or identity, disability, or other classification;
  • Contains epithets or other language or material intended to intimidate or to incite violence; or
  • Violates any applicable local, state, national, or international law, or advocates illegal activity.

If the Site permits you to post or publish User Content, you may only post User Content that is original and that you have the right to post.  By submitting User Content, you grant us a royalty-free, irrevocable, perpetual, non-exclusive, worldwide, fully sub-licensable, transferable, license to publish, reproduce, distribute, display, perform, edit, adapt, modify, translate, create derivative works, make, sell, offer for sale, export, and otherwise use and exploit your User Content (or any portion thereof) in any way that we want and in any form, media, or technology now known or later developed.  You hereby waive any moral rights you may have in your User Content. You represent that you have obtained all necessary permissions from any person identified in or implicated by your submission (including those shown in photographic content), and, in the case of minors, also from their parents or legal guardians, as appropriate.

We are not obligated to publish or use your User Content.  MétatMètis is not in any manner endorsing any User Content that it may publish or post on the Site and cannot, and will not, vouch for its reliability.  We are not responsible for any User Content and has no duty to monitor the User Content posted on the Site.  You use any information contained in User Content or Gullivern Content at your own risk.  MétatMètis and its designees have the right, in their sole discretion, to monitor, review, edit, remove, delete, disable, refuse, restrict, or terminate access to your User Content or the Site (in whole or in part) at any time, without prior notice and in our sole discretion, for any or no reason.  The obligations that you have to us under these Terms shall survive termination of the Site, any use by you of the Site, any User Content on the Site, or these Terms.  You will not continue to post any User Content that MétaMètis has previously advised you not to post.

SUBSCRIPTION SERVICES

  • Subscription Services.  Certain content may be available only through creation of a subscription account and payment of a fee (“Subscription Services”).  Through such Subscription Services accounts, you will have access to the Subscription Services for a specified term or billing period, which will be renewed automatically, if so specified at the time of your subscription, unless you cancel in accordance with our cancellation process described below under “Cancellation.”
  • “Continuous Service,” By paying by credit card, you authorize us or our credit card service provider to charge your credit card or bank account for all fees for the subscription selected, payable in full at the beginning of each subscription period. You further authorize us to use a third party to process payments, and consent to the disclosure of your payment information to such third party.  If so specified at the time of subscription, your subscription will automatically renew for another full subscription period at the then-offered price, unless you cancel your subscription, which you may do at any time by contacting customer service as described below under “Cancellation.”  Once subscription fees are paid, they will not be refunded.  Any cancellations will take effect for the next subscription period.
  • Access Restrictions.  You are not authorized to access any Subscription Services unless you have opened a subscription account and paid the appropriate fee, have received access credentials (e.g., a username and password) from us, and are using those access credentials.  You may not assist anyone else in accessing Subscription Services on an unauthorized basis, including by sharing your access credentials.
    You may share the content obtained through Subscription Services with third parties in the limits corresponding to your subscription option (1 to 2 users, 3 to 10 users, more than 10 users).  “Third party” shall be strictly understood as another individual working in the same organization.

You are responsible for maintaining the confidentiality of your access credentials and for all usage or activity on your Subscription Services accounts, including the use of Subscription Services by any third party authorized by you to use your access credentials.  Such responsibility expressly includes any purchases made or other charges incurred on your credit card in connection with your use (or an authorized third party’s use) of the Subscription Services.  In the event of any fraudulent, abusive or otherwise illegal activity on your Subscription Services accounts, we may, in our sole discretion, terminate those accounts and refer you to appropriate law enforcement agencies.  You may be responsible for damages from any such fraudulent, abusive, or otherwise illegal activity.

  • Age and Billing Authorization.  By subscribing to a Subscription Service, you confirm that you are at least 18 years of age, that all information you submit is true and correct (including all credit card information), and that you are the authorized holder of the credit card.
  • Fees.  You agree to pay all subscription fees and other charges to your Subscription Services accounts, including any applicable taxes.  GULLIVERN.ORG reserves the right to change the amount of, or the basis for determining, any subscription fees or other charges for the Subscription Services and to institute new subscription fees or other charges effective upon prior notice to you.
  • Suspension or Termination.  We may suspend or terminate your access to Subscription Services at any time without notice to you.  If we do so, you will not be responsible for fees associated with the Subscription Services after the termination becomes effective, but you will not have any other remedies against us, and we will not issue any refunds.  If you have breached or violated any obligation under these Terms, you will not be entitled to any remedy.
  • Cancellation.  To cancel your subscription to Subscription Services, contact Customer Service and state verbally or in writing that you are cancelling your subscription and provide your user name, account number, and password.   Your cancellation notice may be sent to sales@gullivern.org.
    In order for your cancellation to be effective for any new billing period, we must receive your notice of cancellation at least forty-eight (48) hours before the new billing period begins. Late or incomplete cancellation notice will be honored only in the discretion of GULLIVERN.ORG.   We do not refund or prorate Subscription Services, or any other purchases made through the Site, for any reason.  Requests to terminate subscriptions will be effective once the billing period in which we received the cancellation concludes.

REGISTRATION FOR NON-SUBSCRIPTION SERVICES

You may be asked to register for certain activities in connection with the Site other than Subscription Services. When you register, you agree to provide accurate, current and complete information about yourself as requested or directed and to promptly update this information to maintain its accuracy.  GULLIVERN.ORG  has the right to suspend or terminate any account or other registration and to refuse any and all current or future use if it suspects that such information is inaccurate or incomplete.  You are responsible for maintaining the confidentiality of any password and username that you are given or select, and you are responsible for all activities that occur under your password or account

INTELLECTUAL PROPERTY

All content, information, materials, computer code, and software that are part of the Site other than your User Content (collectively, the “Gullivern Content”) is the property of MétaMètisor third parties.  You may access, use and display the Site on a single computer or device and download and print copies of the Gullivern Content only for non-commercial, informational, personal use, without modification or alteration in any way, and only so long as you comply with these Terms.

  • Copyright and Other Intellectual Property Rights.  The Gullivern Content is protected under the copyright laws of the European Union and all international copyright laws.  You acknowledge that all copyrights and other intellectual property rights in the Site are owned by Gullivern or its third-party licensors. Unless expressly permitted by an authorized person in writing, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works from, transmit, or in any way use or exploit any part of the Gullivern Content except that you may make use of the content for educational and non-commercial purposes only, provided that you maintain all copyright and other notices posted along with the Gullivern Content.  To obtain written consent to use a copyrighted work, please contact. Copying or downloading these materials for anything other than your personal use is a violation of these Terms.
  • Trade and Service Marks.  All rights in product names, the Gullivern name, trade names, logos, service marks, trade dress, slogans, product packaging, and designs of Gullivern products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to Gullivern or its licensors and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws.  The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on the Site confers on you any license or right under any patent or trademark of Gullivern, its affiliates, or any third party.  To obtain written permission to use the trade and service mark rights of Gullivern, please contact us.
  • Notice of Infringement.  Gullivern respects intellectual property rights.  If you believe in good faith that your work has been reproduced or is accessible on the Site in a way that constitutes copyright infringement, please contact us by e-mail at  contact@gullivern.org

THIRD PARTY INFORMATION AND LINKS

The Site may contain links to third party Web sites (“Linked Sites”), and may incorporate information obtained from third parties (“Third Party Information”). The Linked Sites and Third Party Information are not under our control and we are not responsible for the contents of any Linked Site or Third Party Information, including without limitation the accuracy, copyright compliance, legality, decency, reliability, legitimacy or validity or any links, products, services or any other aspect of the Linked Sites. We are not responsible for any form of transmission received from any Linked Site nor are we responsible if the Linked Site is not working properly.  Links and other information are provided to you only as a convenience, and the inclusion of any link or Third Party Information does not imply our endorsement or recommendation of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites.

Any dealings with third parties conducted through the Site or Linked Sites, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the third party. MétaMètis shall not be responsible or liable for any part of any such dealings.

DISCLAIMER

THE SITE AND THE APPLICATION, INFORMATION, CONTENT AND MATERIALS ON OUR SITE OR PROVIDED THROUGH OUR SITE WHETHER BY US OR THIRD PARTIES, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; NON-INFRINGEMENT; ANY IMPLIED WARRANTY RELATING TO COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE; AND ANY WARRANTY REGARDING THE SUITABILITY AND QUALITY OF OUR SITE FOR YOUR PURPOSES OR EXPECTATIONS. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN INFORMATION, CONTENT AND MATERIALS ON OUR SITE OR THROUGH OUR SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR SITE, APPLICATION OR THE SERVERS THAT MAKE SUCH INFORMATION, CONTENT AND MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, YOU ASSUME THE ENTIRE COST OF ALL ASSOCIATED SERVICING, REPAIR OR NECESSARY CORRECTION DUE TO ANY SUCH HARM. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE SITE OR OF THE USE OF ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR THE SERVICES CONTAINED ON OR OFFERED, MADE AVAILABLE THROUGH, OR OTHERWISE RELATED IN ANY WAY TO THE SITE OR ANY THIRD PARTY SITES OR SERVICES LINKED TO OR FROM OUR SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, COMPLETENESS, AVAILABILITY, RELIABILITY, SAFETY OR OTHERWISE.

WE CANNOT ENSURE THAT YOU WILL BE SATISFIED WITH ANY PRODUCTS OR SERVICES THAT YOU MAY PURCHASE FROM A THIRD PARTY WEBSITE THAT LINKS TO OR FROM OUR SITE OR THIRD PARTY INFORMATION, CONTENT OR MATERIALS CONTAINED ON OUR SITE . WE DO NOT ENDORSE ANY OF THE CONTENT, NOR HAVE WE TAKEN ANY STEPS TO CONFIRM THE ACCURACY, COMPLETENESS OR RELIABILITY OF, ANY OF THE INFORMATION, CONTENT OR MATERIALS CONTAINED ON ANY THIRD PARTY WEBSITE. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE SECURITY OF ANY INFORMATION, CONTENT OR MATERIALS YOU MIGHT BE REQUESTED TO GIVE TO ANY THIRD PARTY.

YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO (A) INFORMATION, CONTENT AND MATERIALS CONTAINED ON OUR SITE, (B) THIRD PARTY WEBSITES OR OFFERS PLACED THROUGH THE SITE IN RESPECT TO ANY INFORMATION, CONTENT AND MATERIALS YOU PROVIDE TO SUCH THIRD PARTIES.

SOME JURISDICATIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OR ALL OF THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS TO DISCONTINUE YOUR USE OF THE SITE.

IN NO EVENT SHALL WE OR ANY OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, AFFILIATES, SUBSIDIARIES, SUCCESSORS OR ASSIGNS BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY CLAIM FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS), OR FOR DAMAGE TO YOUR COMPUTER (INCLUDING BUT NOT LIMITED TO HARM RESULTING FROM DOWNLOADING OR ACCESSING INFORMATION OR MATERIAL ON THE INTERNET), OR FOR FAILURE TO STORE OR DELIVER, IN A TIMELY OR UNTIMELY MANNER, ANY INFORMATION OR MATERIAL DISPLAYED, OR ANY CLAIM IN CONTRACT OR TORT (WHETHER OR NOT ARISING IN WHOLE OR PART OUT OF OUR ACT, OMISSION, FAULT, NEGLIGENCE, STRICT LIABILITY, OR PRODUCT LIABILITY) ARISING OUT OF OR IN CONNECTION WITH THE SITE , THE CONTENT OF OUR SITE , OR FROM USERS OF OUR SITE (WHETHER OFFLINE OR ONLINE), EVEN IF SUCH DAMAGES ARE FORESEEABLE OR WE HAVE BEEN ADVISED OF OR HAVE CONSTRUCTIVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES. YOU FURTHER ACKNOWLEDGE AND AGREE THAT NEITHER WE, NOR OUR CONTENT PROVIDERS, LICENSORS, LICENSEES, NOR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS ARE RESPONSIBLE OR LIABLE FOR ANY INCOMPATIBILITY BETWEEN OUR SITE AND ANY OTHER WEBSITE, BROWSER, SERVICE, SOFTWARE OR HARDWARE. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, CERTAIN PARTS OF THE FOREGOING PARAGRAPH OF THIS SECTION MAY NOT APPLY TO YOU.

FURTHERMORE, IN NO EVENT SHALL WE OR ANY OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, AFFILIATES, SUBSIDIARIES, SUCCESSORS OR ASSIGNS BE RESPONSIBLE OR LIABLE FOR THE CONTENT, COMPLETENESS, ACCURACY OR LEGALITY OF INFORMATION OR MATERIAL DISPLAYED IN CONNECTION WITH OR ARISING OUT OF OUR SITE OR ANY CESSATION, INTERRUPTION OR DELAY IN THE PERFORMANCE OF OUR SITE FOR ANY REASON INCLUDING, WITHOUT LIMITATION, CAUSES BEYOND OUR REASONABLE CONTROL SUCH AS EARTHQUAKE, FLOOD, FIRE, STORM OR OTHER NATURAL DISASTER, ACT OF GOD, LABOR CONTROVERSY OR THREAT THEREOF, CIVIL DISTURBANCE OR COMMOTION, ACT OF TERRORISM, DISRUPTION OF THE PUBLIC MARKETS, WAR OR ARMED CONFLICT OR THE INABILITY TO OBTAIN SUFFICIENT MATERIAL, SUPPLIES, LABOR, TRANSPORTATION, POWER OR OTHER ESSENTIAL COMMODITY OR SERVICE REQUIRED IN THE CONDUCT OF BUSINESS INCLUDING INTERNET ACCESS, OR ANY CHANGE IN OR THE ADOPTION OF ANY LAW, ORDINANCE, RULE, REGULATION, ORDER, JUDGMENT OR DECREE.  NOTWITHSTANDING ANY LEGAL PROVISION TO THE CONTRARY, OUR TOTAL LIABILITY TO YOU FOR ANY DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE ARISING OUT OF OR CONNECTED TO OUR SITE SHALL IN NO EVENT EXCEED $100.

INTERNATIONAL USE

We make no representation that any content of the Site is appropriate or available for use in locations outside the European Union. Accessing the Site from territories where the content is illegal is expressly prohibited.  If you choose to access the Site from a location outside the European Union, you do so on your own initiative and you are responsible for compliance with all applicable local use controls, laws and regulations, including those relating to the transition of technical data exported from or imported to the country in which you reside. Notwithstanding the foregoing, MétaMètis makes no representation that materials on or in the Site are appropriate or available for use in locations outside the European Union and accessing them from territories where their contents are illegal is expressly prohibited.

CHOICE OF LAW; RESOLVING DISPUTES

You agree that the laws of France govern all matters arising out of the Terms, without giving effect to any conflicts or choice of law principles that would require the application of the laws of a different jurisdiction.  Any dispute or claim arising out of or in relating to the Terms, or the interpretation, making, performance, breach or termination thereof, will be finally settled by the courts of the Paris, France. You agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

Please note that by agreeing to these Terms you are:

  1. Waiving claims that you might otherwise have against us, based on the laws of other jurisdictions, including your own;
  2. Irrevocably consenting to the exclusive jurisdiction of, and venue in, courts in Paris, France, over any disputes or claims you have with us;
  3. Submitting yourself to the personal jurisdiction of courts located in the Paris, France, for the purpose of resolving any such disputes or claims; and
  4. Agreeing that regardless of any statute or law to the contrary, any cause of action against us arising out of or related to the Site must commence within six (6) months after the cause of action accrues or such cause of action shall be permanently barred.

GENERAL TERMS; SEVERABILITY & INTEGRATION; NO WAIVER

This contract and any supplemental terms, policies, rules, and guidelines posted on the Site constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of the Terms is held invalid or unenforceable under the law of France or under the law, rules or regulations of a particular country, the invalidity of such provision shall not affect the validity of the remaining provisions.  The failure by either party to assert their rights hereunder shall not be deemed a waiver of those rights.  Any waiver of any provision by us must be in writing and signed by MétaMètis to have effect.

TERMINATION

Your right to use the Site automatically terminates if you violate the Terms or any rules or guidelines posted in connection with the Site. We also reserve the right, at our sole discretion, to terminate your access to all or part of the Site , for any reason, with or without notice.   The provisions of the Terms which by their nature should survive termination of the contract or your use of the Site shall be deemed to survive such termination.

CONTACT INFORMATION; NOTICE

If you have any questions or comments, or wish to send us any notice regarding these Terms or the Site, please send an email or notice to:

Postal Address: MétaMètis SAS, 227 avenue Daumesnil, 75012 PARIS, FRANCE

E-mail : contact@gullivern.org

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