SensioLabs Connect

TERMS OF SERVICE

https://connect.sensiolabs.com - Version 1.1 dated January 2014

The site https://connect.sensiolabs.com (the “Site”) is operated by SENSIOLABS, a simplified stock company with capital of 375,851 €, registered with the Trade and Corporate Registry of Nanterre under Number 752 893 842, with its main office located at 92-98, boulevard Victor Hugo 92110 CLICHY, represented by its Chairman Mr. Fabien POTENCIER (“SensioLabs”).

By using the Site, visitors agree to abide and be bound by these terms of service (the "TOS") and/or any revised version. Any new service available on the Site or any modification of an existing service shall be governed by the TOS, which may be modified or updated from time to time.

SensioLabs strongly encourages visitors to regularly review the TOS and the privacy policy.

I. DESCRIPTION OF THE SERVICES OFFERED BY THE SITE

1. Presentation of the Site

The Site is an online platform which offers services from SensioLabs (the “Services”).

SensioLabs provides its users ("Users") the Site for non-commercial, personal use. To use the Site, Users must open an account (the “Account”).

The use of the Services is free (except for the cost of connecting to the internet) and requires a terminal.

2. Joining the community by creating and managing an Account

By creating an Account, Users can join the SensioLabs community and :

The Site enables Users to create and share content ("Users Content" or “Their Content”).

Each User can also personalize a page accessible to the other Users and associated with a specific URL (the "Public Page"). The others Users may see the User’ biography, the city where he/she leaves, the name of his/her company, the date of creation of the Account, the Badges and the link to other websites.

3. Research on the Site

Users can use the search engine on the Site and access the Public Profiles of the other Users or the Clubs pages.

II. ACCESSING THE SERVICES

To access and use the Services, Users must be legally capable of entering into a binding agreement and abide by all applicable statutes (French and/or foreign).

Users also acknowledge that the activity of creating and sharing their Content may give rise to various types of legal liabilities and Users represent that their Content complies at all times with the TOS and all applicable laws.

Users understand that SensioLabs does not exercise any control over and does not pre-screen Their Content and may not be held liable for their communication to the public.

III. CREATION OF THE ACCOUNT

To Use the Services, Users will need to create an Account by providing:

An email address must remain valid as long as the associated Account remains active and it is the User’s responsibility to update it should it no longer be accurate or current.

Users password is strictly personal and confidential and Users shall not share it with any third-party.

Users should immediately contact SensioLabs if they have reason to believe that their password is being used by an unauthorized third party. Users shall be liable for all actions taken with their password as well as for any loss or liability consequential to such use. SensioLabs may cancel the Account of any User without notice in the case of any violation of the TOS.

IV. CONDUCT OF USERS

As a condition for accessing and using the Site and the Services, Users agree:

In case of any violation of the above, SensioLabs reserves the right to cancel the Account of the User and/or to block her/him from accessing the Site as well as to disclose any information as necessary to satisfy any law and regulation as well as governmental or judicial request, at its sole discretion.

V. POSTING AND SHARING USERS CONTENT

1. Users Content

Users may post and share Their Content on their Public Page. Users understand that they share Their Content under their sole responsibility and represent that they own all the rights to, or have secured the necessary authorizations for said Content. Users shall verify that Their Content is in compliance with the TOS and, more generally, is not harmful or unlawful.

2. Distribution of Users’ Content by SensioLabs

Users expressly grant SensioLabs the right to, directly and indirectly, distribute Their Content. SensioLabs may distribute Users’ Content for non-commercial uses without being liable to any payment or indemnification of any kind.

3. Limitation of Liability

SensioLabs does not exercise any control over Users’ Content.

VI. CONTACT

For any request, Users may write to SensioLabs by using the contact form.

Users may report abuse, harassment, inappropriate content, privacy complaints or more generally any violation of the law by a third party by sending a notification to SensioLabs 92-98, boulevard Victor Hugo 92110 CLICHY with the following information:

VII. PRIVACY POLICY

SensioLabs respects Users’ privacy and Users must read and accept its Privacy Policy

VIII. PROPRIETARY RIGHTS

1. Access to the Site

SensioLabs is the sole holder of all proprietary rights to the Site and the Services including the Users’databases. Any reproduction, display, publication, transmission or, more generally, any unauthorized use of the Site or the Services may trigger Users’ liability and result in criminal or civil legal action. Users undertake not to access the Services by any means other than those made available to them by SensioLabs.

2. Intellectual Property – Copyright

The Site is an original work protected by intellectual property laws and international conventions. Users warrant that they will not modify, lease, borrow, sell, or distribute these works, or create derivative works based wholly or partly on the Site.

Users may access the Site for their personal use only. Printing is limited to their personal non-commercial use. Any other use or communication is prohibited without receiving SensioLabs’ prior written consent. All rights not expressly granted to Users by the TOS are reserved.

3. Trademarks

The registered SensioLabs trademark and logo and all other SensioLabs trademarks are owned by SensioLabs.

Users agree not to use or communicate said trademarks or logo without SensioLabs written consent.

4. Intellectual Property of Others

SensioLabs respect the intellectual property of others. If Users believe that material over which they have rights has been reproduced or used in such a way as to constitute an infringement, they must contact SensioLabs (article VI. of TOS).

5. Users’ Content

Users hereby grant SensioLabs the right to incorporate in its Services and Site Their Content and as such reproduce, display, perform, adapt, and communicate to the public Their Content. Users further grant SensioLabs the right to reproduce their trademarks, trade names, service marks, logos, domain names or other identifying signs or images. Those rights are granted free of charge for SensioLabs.

IX. DISCLAIMER

1. Limitation of Liability

The Services and the Site are made available to Users "as is." SensioLabs makes no warranty, whether implied or express, as to the Services and the Site. In particular and without limitation, SensioLabs may not warrant the continuity and quality of the Services available on this Site, or the fact that the Site will be permanently accessible, or that other Users will not violate the TOS or its Privacy Policy. SensioLabs may limit the use of its Services. SensioLabs may not be held liable for the failure to make available, or for the deletion of, Users Content.

Users understand that they are accessing and using the Site and the Services at their own risk. SensioLabs may not be held liable for their reliance on any information or data they may have accessed, directly or indirectly, through the Services, nor for their accessing or downloading of any material, program, or file through the Services. SensioLabs may not be held liable for any loss of data or for any damage to their terminal used to access the Services.

SensioLabs use its best efforts and all available means to ensure the confidentiality of Users’ personal data, SensioLabs may not be held liable in the case of a breach of said confidentiality, regardless of its cause (including, but not limited to, technical difficulty, intrusion into our data processing system, or human mistake).

More generally, Users accept that SensioLabs may not be held liable for any consequential, special, or incidental damages, direct or indirect, resulting from the access to, or use of, the Services and/or Site and that the limitation of liability applies to SensioLabs and to its affiliated companies, principals, directors, agents, and employees.

2. Third-Party Content – Links

SensioLabs has no control over third-party content and third-party Services. Similarly, SensioLabs cannot control links to other websites or other internet resources. These resources, contents and services are provided to Users "as is".

Users acknowledge that SensioLabs may not be held liable with respect to third-party resources, contents or services and Users undertake to directly and exclusively contact the appropriate third party with any claim or request Users may have. SensioLabs may not be held liable with respect to the content, advertisements, products, services or any other data or information available on or from those external sites or sources nor for any damages or loss arising from or connected with the use of or the reliance on such contents, resources, or services available.

X. WARRANTIES

Users expressly warrant that they own all the rights to, or have secured all the necessary authorizations for, the use of Their Content, including the right to sublicense those rights. As SensioLabs does not exercise any control over Their Content, Users understand that SensioLabs may not be held liable for its communication to the public and share Their Content under their sole responsibility. Users’ Content shall at all times be in compliance with the SensioLabs TOS and, more generally, is not harmful or unlawful.

Further, Users represent that they shall hold harmless (including reasonable attorneys' fees) SensioLabs, its affiliated companies, its principals, its agents, its administrators, and its employees from and against any claim by any third party arising out of or connected with the use of the Services, Their Content, the violation of the TOS, or, more generally, the violation of the law.

XI. TERMINATION OF THE ACCOUNT

In the case of violation of the TOS, SensioLabs reserves the right to limit their access to the Site and/or to rename or terminate their Account. Users understand and accept that SensioLabs may not be held liable for the cancellation of their Account.

XII. MISCELLANEOUS

1. Update and Modification

SensioLabs reserves the right to correct possible errors on the Site and, more generally, to modify, from time to time and without notice, the Site or any part thereof. SensioLabs may not be held liable for any modification, interruption, or suspension of the Services or for any resulting damages.

2. Notification

SensioLabs may send notifications to Users via email, or via the Site. SensioLabs may use this method, for instance, to inform Users of future revisions to the TOS.

3. Severability

If any provision of the TOS is adjudged by a court to be void or unenforceable, this shall in no way affect any other provision of the TOS, which shall remain in full force and effect.

4. Choice of Law

THE TOS AND USERS RELATIONSHIP WITH SENSIOLABS ARE GOVERNED BY FRENCH LAW. TO THE EXTENT PERMITTED BY THE APPLICABLE LAW, FRENCH COURTS SHALL HAVE JURISDICTION OVER ANY DISPUTE ARISING OUT OF OR CONNECTED WITH THE USE OF THE SERVICES OR THE SITE.