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GENERAL CONDITIONS FOR USING
MAYETIC COLLABORATIVE WORKSPACES |
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1. ACCEPTANCE OF GENERAL CONDITIONS FOR USE
MAYETIC LIMITED provides you with the service entitled MAYETICVILLAGE, an original Collaborative WorkSpace concept, subject to the following General Conditions for Use (referred to as “GCU” further on) which Mayetic may modify at any moment without notice. You are thus recommended to refer to the latest version of the “GCU” regularly at :
http://www.mayeticvillage.com/home.nsf/Pages/EthicsCharter
Moreover, use of mayeticVillage services may require observing additional and specific rules or guidelines which will be posted in a charter available on the Site. These rules and guidelines are supposed to be an integral part of the present “GCU”.
It is stated that MAYETIC may offer other services for which specific “GCU” would have to be accepted before any utilization. Based on these hypothese, the present “GCU” will apply to the extent that they will have been explicitly referenced.
2. SERVICE DESCRIPTION
Presently MAYETIC provides users with a vast collection of online services accessible through the Collaborative WorkSpace or eCommunity. These services are mainly the following:
· Creation of Collaborative WorkSpace
· Access right management
· Documentary references
· Group calendars
· Task management
· Document revision management
· Private sub-space
· Profile management
· Public information channels
(referred to collectively as the “Service” further on).
Each “Collaborative WorkSpace will be created and managed under the sole responsibility of the person having filled out and submitted to MAYETIC the form “ Application for creation of a Collaborative WorkSpace” which would be the origin of the above mentioned WorkSpace. This person or entity will be called Manager. Unless otherwise stated MAYETIC will be legally related to this person only.
Unless expressly stated otherwise, any new features that improves or enhances one or several existing services, or any new services launched by MAYETIC will be subject to the present “GCU”. You are aware and accept the fact that the Service has been provided to you “as-is” and that MAYETIC cannot be held responsible for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
In order to use the Service you have to have Internet access, either directly, or through systems having access to the content provided on the Internet. It should be mentioned that you are responsible for the payment of the possible related Internet access charges. Moreover, you must avail yourself with all necessary equipment, and in particular a computer, a modem or any connecting device, in order to maintain connection to the Internet network. You should be aware that in certain areas of Service MAYETIC has created content for adult use where access is reserved to users aged 18 or above.
3. REGISTRATION OBLIGATIONS
In return for the free services provided by mayeticVillage.net, every user of the mayeticVillage service agrees to receive information emails from Mayetic and retains the ability to unsubscribe at any time from this mailing list.
For using the Service you agree to : (i) provide true, accurate, current and complete information about yourself as prompted by the Registration Form (this information will be hereon referred to as “Registration Data” ) and (ii) maintain and update regularly your Registration Data so as to keep it true, accurate, current and complete. In case you provide information that is untrue, inaccurate, not current or incomplete, MAYETIC will have the right to suspend or terminate your account and refuse immediately any and all current or future access to all or part of the Service.
MAYETIC is concerned about maintaining safety and privacy of its users and particularly children. This is why parents are requested to oversee the use made of the Internet access by their children and to keep in mind that the Service has been designed to reach a vast range of audience and that as legal guardians they have the responsibility to determine which Service is or is not appropriate for their children and to watch the use made of the Service by their children.
4. MAYETIC PRIVACY POLICY
Registration Data and possibly other information about you are subject to the Charter related to MAYETIC’s Privacy Policy. For more information, please refer to the full document at :
http://www.mayeticvillage.com/Home.nsf/Pages/PrivatePolicy
5. USER ACCOUNT PASSWORD AND SECURITY
Upon completion of the registration procedure, you will receive a URL name to access the WorkSpace, a user name and a password, the last two being declared by you.
You alone are responsible for the confidentiality of the URL name, user name and password for all activities that occur under your URL name and/or user name and/or password.
You agree to:
(i) immediately notify MAYETIC of any unauthorized use of your URL name, password and/or any breach of security to your collaborative space,
(ii) ensure that you explicitly exit from your account at the end of each session.
MAYETIC works on the QUIKPLACE software database, a Lotus Development Corporation product. The warranties of the collaborative space performance are exclusively those stated in the above mentioned software general license. These general license conditions can be viewed at:
Link to insert here
MAYETIC will not be liable for any loss or damage arising from your failure to comply with the present Section 5.
6. MEMBER ETHIC AND CONDUCT
You are aware that all information, data, text, software, music, sound, photographs, graphics, videos, messages or any other materials (hereon referred to as “Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. You alone, and not MAYETIC, are entirely responsible for all Content that you display, upload, post, email or transmit in any other way via the Service. MAYETIC does not control the Content posted via the Service, and therefore does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will MAYETIC be liable in any way, for any Content, error or omission in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted by email or any other way via the Service.
You agree not to use the Service, whether it pertains to “ zones of Service accessible to all “ or “zones of Collaborative WorkSpace” in order to:
1. upload, post, transmit by any means any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another’s privacy, hateful, racist, or otherwise objectionable;
2. harm in any possible way any other user and in particular any minor;
3. transmit any content that may constitute, irrespective of what might follow, an instigation to commit crimes or misdemeanor; an incitement to discrimination, hate or violence for racial, ethnic or national reasons ; false news ; damage to the authority of justice ; information related to adoption, lawsuits or proceedings at law, minor suicide or an individual financial situation ; transmission beyond the authorized conditions of a vote polling and simulation relating to an election or referendum ; defamation or slander ; breach to private life ; or actions exposing minors to danger mainly by the production, transport, and transmission of messages having a violent or pornographic character or violating human dignity;
4. mislead other users by usurping the name or social denomination of other persons or by impersonating any person or entity, and in particular, a MAYETIC representative, a moderator, a guide, or a hosting service;
5. forge headers or manipulate in any other way identifiers in order to disguise the origin of any Content transmitted via the Service;
6. upload, post or transmit by any means any Content that you do not have a right to make available under any legislative measures or under any legal actions (such as inside information, confidential information learned or disclosed as part of an employment contract or under nondisclosure agreements or any other confidential matter not mentioned in this section);
7. upload, post, transmit by any means or otherwise make available any content that infringes any patent , trademark, trade secret, copyright or other proprietary rights( hereon referred to as “Rights”) belonging to any party;
8. upload, post, transmit by any means or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” or any other form of solicitation, except in areas (such as shopping rooms) that are specifically designated for such purpose;
9. upload, post, transmit by any means or otherwise make available any Content containing software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer, computer software, telecommunications equipment or any other pertaining facility not mentioned in this section;
10. perturb the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchange;
11. interfere with or perturb the Service, servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
12. intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to, rules promulgated by the Commission of Stock Exchange Operations, and any other rule or law;
13. stalk or otherwise harass another or several other users in any way ;
14. collect or store personal data about or belonging to other users;
You acknowledge that MAYETIC cannot pre-screen Content. Nonetheless, MAYETIC and its designees shall have the right in their sole discretion (but not the obligation) to refuse or remove any Content that is available via the Service.
Moreover, MAYETIC, and its designees shall have the right to remove any collaborative workspace whose content violates the present terms or is otherwise objectionable in any other way.
You also acknowledge that you should have a fair judgement so as to bear all risks associated with the use of any Content, mainly for any reliance on the accuracy, completeness or usefulness of the Content.
Consequently you acknowledge that you may rely neither on the Content created by MAYETIC nor on the Content submitted to MAYETIC, as made available in MAYETIC’s Collaborative WorkSpace or any other part of the Service.
You acknowledge and agree that if MAYETIC protects the Content, MAYETIC may also disclose the Content in order to comply with the law or if MAYETIC in good faith believes that such measure is necessary in the following cases:
(i) in case of a legal process,
(ii) in case MAYETIC needs to enforce the “GCU” for the Service,
(iii) to respond to claims if any Content violates the right of third parties,
(iv) to protect the rights, property, or personal safety of MAYETIC, its users and the public,
(v) in case of explicit request of the Collaborative WorkSpace manager.
7. SPECIAL RECOMMENDATIONS FOR INTERNATIONAL USE
Given the universal character of the Internet, you agree to comply with all local rules applicable to your country of residence, regarding online conduct and acceptable Content. In particular, you agree to comply with all applicable laws regarding the transmission of technical data exported from the country you reside in.
8. CONTENT ACCESSIBLE TO ALL ON MAYETIC
1. As to the present General Conditions for Use, “areas of Service accessible to all” are areas open to all users of Services whoever they may be. For example, an area of Service accessible to all includes the public part of MAYETIC or of “MAYETIC Forum” and of “MAYETIC FAQ” but not the private part of MAYETIC consisting of Collaborative WorkSpaces.
2. With respect to the content you submit or make available in the areas of MAYETIC accessible to all, as well as the Content composed of photos or graphics that you decide to display or send to the areas of Service accessible to all, you grant MAYETIC the following world-wide, royalty free and non-exclusive license enabling MAYETIC to reproduce, publish and publicly display such Content on the Service solely for the purposes of promoting the specific section where this Content was submitted or made available or, with respect to photos and graphics by observing the reason why this photo or image has been submitted to the Service. This license exists only for as long as you decide to continue such Content on the Service and will terminate at the time you remove such Content from the Service.
3. With respect to any other Content you may decide to send to any other area of Service accessible to all , you grant MAYETIC, world-wide and as long as copyright is valid, a royalty free and non exclusive license to reproduce, distribute, publish, sub license, make available all or part of the Content, and you acknowledge that MAYETIC is free to include the Content in any other work including availability by all known means or by means to be discovered in future.
9. INDEMNITY
You agree to guarantee and indemnify MAYETIC, as well as its subsidiaries or affiliates, employees, representatives or other partners, against any claim or demand from third parties, irrespective of the legal foundation, consecutive to sending, displaying or transmitting the Content of Service, utilization of Service, violation of the “GCU”, or the rights of others. This guarantee covers both the indemnities possibly paid by you and reasonable fees spent for court processes and attorneys.
10. NO RESALE OF SERVICE
You agree not to reproduce, copy, sell, resell or exploit for any commercial purposes whatsoever, any portion of the Service, use of the Service, or access to the Service.
11. GENERAL RULES REGARDING USE AND STORAGE
You agree that MAYETIC may impose general rules and limits on the use of the Service, including, but not limited to, setting the maximum number of days that messages displayed in the Forums belonging to “ areas of Service accessible to all”, or any other uploaded Content will be retained by the Service, setting the maximum size of any Collaborative WorkSpace on the Service, setting the maximum memory space that will be allotted on MAYETIC servers on your behalf, and setting the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time.
Access to the Collaborative WorkSpaces is maintained by COLT Telecommunications Company. It is your responsibility to refer to the general conditions for services provided by that company in order to know the guarantees held regarding this subject and which are exclusively bound to the responsibility of the above mentioned company. A copy of these general conditions can be provided to the Manager of the Collaborative WorkSpace upon request. You understand that MAYETIC holds no guarantee for the deletion or storage failure of any messages, of any communications or any other Content maintained or transmitted via the Service, as far as this deletion or failure results from the services provided by COLT Telecommunications.
You acknowledge that MAYETIC may take the liberty to remove any Collaborative WorkSpace, including the deletion of URL name, user name, password as well as the possible Content of Space left unused during a certain time.
You acknowledge that in all cases of termination as specified in section 13, or deletion of a Collaborative Workspace for any reason, the URL name belonging to this Collaborative WorkSpace may be unrestrainedly reassigned to any other Collaborative WorkSpace.
You further acknowledge that MAYETIC reserves the right to modify these general rules at any time and for this reason MAYETIC advises you to refer to them regularly.
12. SERVICE MODIFICATIONS
MAYETIC reserves the right at any time to modify or discontinue, temporarily or permanently, all or part of the Service, with or without notice. MAYETIC will not be liable to you or to any third party thereof for any modifications, suspensions or interruptions of the Service.
13. TERMINATION
You acknowledge that MAYETIC may terminate all or a part of your access right relating to your Collaborative WorkSpace and your password, or even delete your Collaborative WorkSpace, URL name, user name and password, and may delete or remove any Content on the Service, for any reason, mainly for lack of use or if MAYETIC has reasons to believe that you have violated or acted inconsistently with the letter or spirit of the present General Conditions for Use.
You agree that any termination of your access to the Service according to the terms of the present may be made without prior notice, and you acknowledge and accept that MAYETIC may deactivate or delete at any time and with immediate effect your Collaborative WorkSpace, URL name, user name, and password and any Content in this Collaborative WorkSpace and/or forbid any further access to this Content or to the Service. Moreover, you agree that MAYETIC shall not be liable to you or any third-party for any termination of your access to the service.
14. RELATION WITH ADVERTISERS
Your communications, your business relations with advertisers, or your participation in promotions organized by advertisers you have found or present on the Service including the payment and delivery of goods or services, or any other terms, conditions, guarantees or declarations related to these operations are performed directly between you and the advertiser. Consequently, you acknowledge that MAYETIC shall not be responsible for any losses or damages whatsoever, resulting from this relation or more broadly from the presence of advertisers on the Service.
15. LINKS
The Service may provide, or third parties may include links to other Web sites or other Internet sources. As far as MAYETIC cannot control such sites and their external resources, you acknowledge that MAYETIC is not liable for the availability of these sites and external sources, and has no responsibility for any Content, advertisements, products, services or any other materials on or available from these external sites or sources. Furthermore, you acknowledge that MAYETIC is not liable for any damages or losses caused, or alleged to be caused by, or in connection with use of or reliance on such Content, goods or services available on these external sites or sources.
16. MAYETIC’S PROPRIETARY RIGHTS
You acknowledge and accept that the Service and any necessary software used in connection with the Service (hereon referred to as “Software”) may contain confidential information that is protected by intellectual property laws applicable or any other laws. Furthermore, you acknowledge that Content included in sponsor advertisements, information presented to you via the Service or via advertisers is protected by copyrights, trademarks, patents or any other proprietary rights acknowledged by applicable legislation. Unless expressly authorized by MAYETIC or advertisers, you agree not to modify, rent, borrow, sell, distribute or create derivative works based on the Content, or the Software, in whole or in part.
MAYETIC grants you a personal, non-exclusive and non-transferable right to use its Software on a single computer ; noting that you may not ( and do not grant authorization to any other party to) copy, modify, create a derivative work of, reverse assemble or otherwise attempt to discover the source code (except cases stated by law), sell, assign, sublicense or transfer, in any way whatsoever, rights relating to the Software. You agree not to modify the Software in any manner or to use modified versions of the Software, including (without limitation) in order to obtain unauthorized access to the Service. You accept not to access the Service by any means other than the interface that is provided to you by MAYETIC for this purpose.
17. WARRANTIES
You expressly understand and agree that:
1. YOUR USE OF THE SERVICE IS MADE AT YOUR SOLE RISK. THE SERVICE IS PROVIDED “AS IS” AND IS ACCESSIBLE ACCORDING TO ITS AVAILABILITY. MAYETIC DOES NOT PROVIDE ANY EXPRESSED OR IMPLICIT GUARANTEE, INCLUDING BUT NOT LIMITED TO, GUARANTEES RELATED TO THE QUALITY AND COMPATIBILITY OF THE SERVICE TO A SPECIFIC USE, AND TO NON VIOLATION OF UTILIZATION RULES OF THE SERVICE BY USERS.
2. MAYETIC DOES NOT GUARANTEE THAT (i) THE SERVICE MEETS YOUR REQUIREMENTS PERFECTLY, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE FROM ANY ERRORS (iii) THE RESULTS THAT CAN BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR ANY MATRIALS BOUGHT OR OBTAINED BY YOU ON THE SERVICE WILL FIT YOUR EXPECTATIONS ,AND (v) THAT ANY ERRORS IN THE SOFTWARE USED, IF THERE EXISTS, WILL BE SUBJECT TO CORRECTION.
3. DOWNLOADING ANY MATERIAL OR OBTAINING A MATERIAL IN ANY OTHER WAY DURING THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK. YOU WILL BE THE SOLE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR ANY LOSS OF DATA FROM THE DOWLOAD OF SUCH MATERIAL.
4. NO ADVICE AND NO INFORMATION, IN ORAL OR WRITTEN FORM, OBTAINED BY YOU FROM MAYETIC OR DURING THE USE OF THE SERVICE MAY CREATE GUARANTEES THAT ARE NOT EXPRESSLY SPECIFIED BY THE PRESENT CONDITION.
18. LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND ACCEPT THAT, IN ANY EVENT AS PERMITTED BY APPLICABLE RULES , MAYETIC MAY NOT BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGE , INCLUDING LOSS OF PROFITS, DATA, CUSTOMERS OR ANY OTHER LOSS OF INTANGIBLE PROPERTY (EVEN IF MAYETIC HAS BEEN INFORMED OF THE POTENTIAL POSSIBILITY OF SUCH DAMAGE) THAT MAY RESULT: (i) FROM THE USE OR INABILITY TO USE THE SERVICE, (ii) FROM THE COST ARISING THROUGH THE AQUISITION OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM THE PURCHASE OF ANY GOODS OR SERVICES OR MESSAGES RECEIVED OR TRANSACTIONS MADE DURING SERVICE USE, (iii) UPON UNAUTHORIZED ACCESS TO THE SERVICE BY A USER OR A MODIFICATION OF YOUR TRANSMISSION OR YOUR DATABANK, (iv) UPON A DECLARATION OR CONDUCT OF A THIRD PARTY ON THE SERVICE AND (v) ANY OTHER MATTER RELATING TO THE SERVICE.
19. SPECIFIC ADMONITION FOR SERVICES CONCERNING FINANCIAL MATTERS
In case you intend to create or use any services, receive or request any news, messages, alerts or other information via the Service concerning companies, stock quotes, investments or securities, Sections 17 and 18 apply to you strictly.
The Service is provided to you exclusively for informational purposes, and no Content included in the Service is intended for making transactions or taking investment decisions. MAYETIC shall not be liable in any way for the content or the accuracy, of all or any information transmitted via the Service, and shall not be responsible for any investment decisions made based on such information.
20. NOTICE
Notices to you may be made by email or by postal mail. MAYETIC reserves the right to modify the present “General Conditions for Use” of Service by directly displaying modification notices or links to these notices.
21. TRADEMARK INFORMATION
MAYETIC, MAYETIC, the MAYETIC logo, the MAYETIC logo, “the New Way of Working”, LOTUS, COMPAQ, MEDIAPPS, COLT TELECOM, ARTHUR ANDERSEN, as well as all other logos, names of MAYETIC products and services and/or the sponsors mentioned above are trademarks of MAYETIC. Without expressed permission of MAYETIC and/or the above mentioned partner companies, you agree not to use or display in any way whatsoever, MAYETIC trademarks and/or trademarks belonging to the partner companies.
22. COPYRIGHTS
MAYETIC respects the intellectual property of others, and asks its users to do the same. If you have reasons to believe that your work has been copied or has been used in a way that constitutes violation to your rights, please contact MAYETIC's Copyright Agent at the following address:
B.E.A. Cabinet
Court Attorney
7 rue de Chaillot
75116 PARIS
FRANCE
providing the following information:
1. electronic or “physical” signature of the person authorized to act on behalf of the owner of the rights;
2. a description of the work that you claim has been infringed;
3. the location of infringed material on the site;
4. your address, telephone number, and email address;
5. a declaration by you, made under penalty of perjury, in which you acknowledge that you were unaware that use is not authorized by the copyright owner, or its agent;
6. a declaration by you, made under penalty of perjury, where you acknowledge that the information pertaining to the points listed above is accurate and that you are the copyright or intellectual property owner or authorized to act on his/her behalf.
23. MISCELLANEOUS
The present “GCU” of the Service constitute the entire agreement between MAYETIC and the Service user regarding the use of the Service. They substitute any prior agreements between you and MAYETIC. You may further be subject to additional “GCU” terms specific to certain services, third-party content or third-party software which will be transmitted to you when you access these services, contents or software. The failure of MAYETIC to exercise any right of the “CGU” shall not constitute a waiver of such right. In case any provision of the ”CGU” is invalidated by a decision of justice, parties shall agree to guide the judge so that the judge may take into consideration the common intention of the parties as manifested by the present “GCU”, other measures remaining valid and apply between parties. The section titles are for reference only.
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