General Terms and Conditions of Sale and Service
Last updated: 2018-05-25
Introduction
BETWEEN
CALAMEO SAS, a company with a registered capital of 200,772 euros, headquartered at 25, rue de Ponthieu – 75008 PARIS, FRANCE, email: contact@calameo.com, website: https://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,
AND
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:
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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:
- the automated online creation of an electronic publication that can incorporate different document formats,
- to make this publication available on Internet,
- to provide access to all public and, if applicable, private publications published on its Website.
- 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 and Service hereof.
Purpose
The General Terms and Conditions of Sale and Service hereof (the GTCS-S) 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-S hereof and CALAMEO reciprocally agrees to fulfil its obligations set out under the GTCS-S hereof.
Definitions
The services that CALAMEO proposes to the User of the www.calameo.com Website are defined as follows:
- Basic 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 hereafter.
- 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 hereafter.
- 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 hereafter.
- OD offers: refers to the fourth offer of services proposed to Users of the Website. These are customized offers that give Users access to a greater number of features on the Website. This offer is not available online and is subject to special Terms of Service defined between the Parties in accordance with the User’s needs.
Service Description
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.
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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:
- 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 Users are authorized to access and to use the User’s Publications.
- a Private Publication Mode, in which the User determines the users authorized to access and use the User's Publications.
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 2,500 publications or 1,000,000 reads per month, the Company reserves the right to propose a personalized quote that is adapted to the User's needs.
BASIC Account Terms and Conditions of Use – Free account
The BASIC Account is accessible to all Users of the Website.
To open a BASIC 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 BASIC Account offers access to a publication space where the User may publish documents. The User may propose an unlimited number of publications.
The User of a BASIC Account enjoys the following advantages:
- Storage: 15 GB
- Maximum document size: 100MB and 500 pages
- Private Publications: 50
- Administrators: 1
- Folders: 1
The User furthermore benefits from basic features and access to basic statistics, described on the following page: https://www.calameo.com/upgrade.
BASIC Account subscription is permanent.
The user can close his/her account at any time by following the procedure described in our Help Center: https://support.calameo.com/hc/articles/205823048
PREMIUM Account Terms and Conditions of Use – Applicable Financial Terms and Conditions
The Premium Account is a paid-subscription account. By subscribing to a PREMIUM Account, the User agrees to pay the price and applicable taxes of this service, precisely determined on the page describing the PREMIUM Account service.
A PREMIUM subscription must be purchased at least per company using the PREMIUM account. In the case of groups of companies, holdings, communication agencies, a subscription must be purchased at least for each company identified by a unique SIREN number, or a local equivalent in each country. The resale of PREMIUM accounts is totally prohibited except in the case of a specific agreement granted by the Company within the framework of an additional contract.
The PREMIUM Account subscription may be paid monthly or annually, at the User’s choice.
- When the chosen subscription is monthly, the fee is to be paid every month, with tacit subscription renewal; it is possible to cancel the subscription at any time and any cancelation takes effect the month following the cancelation request.
- When the chosen subscription is annual, the fee is to be paid every year, without tacit subscription renewal. In the event of payment by credit or debit card, an 8% discount is applied to the annual PREMIUM subscription.
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 following advantages:
- Storage: 30 GB
- Maximum document size: 100MB and unlimited pages
- Private Publications: 500
- Administrators: 5
- Folders: 5
- Subscribers: 500
The PREMIUM Account User furthermore benefits from the features and advantages to which the PREMIUM Account gives access, including the absence of advertising on his/her publications, as specified on the following page: http://www.calameo.com/upgrade.
The User also declares that s/he acknowledges and unconditionally accepts that subscription with immediate access to a PREMIUM Account does not entitle her/him to reimbursement under any circumstances.
Any failure to pay can result in the termination of the paid-subscription service at the discretion of the Company.
The User can download his/her Paid Invoices at any time by following the procedure described in our Help Center: https://support.calameo.com/hc/articles/205481148
PLATINUM Account Terms and Conditions of Use – Applicable Financial Terms and Conditions
The PLATINUM Account is a paid-subscription account. By subscribing to a PLATINUM Account, the User agrees to pay the price and applicable taxes of this service, precisely determined on the page describing the PLATINUM Account service.
A PLATINUM subscription must be purchased at least per company using the PLATINUM account. In the case of groups of companies, holdings, communication agencies, a subscription must be purchased at least for each company identified by a unique SIREN number, or a local equivalent in each country. The resale of PLATINUM accounts is totally prohibited except in the case of a specific agreement granted by the Company within the framework of an additional contract.
The PLATINUM Account subscription may be paid monthly or annually, at the User’s choice.
- When the chosen subscription is monthly, the fee is to be paid every month, with tacit subscription renewal; it is possible to cancel the subscription at any time and any cancelation takes effect the month following the cancelation request.
- When the chosen subscription is annual, the fee is to be paid every year, without tacit subscription renewal. In the event of payment by credit or debit card, a 10% discount is applied to the annual PLATINUM subscription.
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 furthermore benefits from the features and advantages to which the PLATINUM Account gives access, including White-label and the absence of advertising on his/her publications, as specified on the following page: http://www.calameo.com/upgrade.
The User also declares that s/he acknowledges and unconditionally accepts that subscription with immediate access to a PLATINUM Account does not entitle her/him to reimbursement under any circumstances.
Any failure to pay can result in the termination of the paid-subscription service at the discretion of the Company.
The User can download his/her Paid Invoices at any time by following the procedure described in our Help Center: https://support.calameo.com/hc/articles/205481148
OD Offer Terms and Conditions of Use – Applicable Financial Terms and Conditions
The OD offer is customized according to the User’s needs in order to provide access to a greater number of the Website’s features.
This offer is not available online and is subject to special terms of service defined between the Parties in accordance with the User’s specific needs. It is quoted upon request.
By subscribing to an OD Account, the User agrees to pay the price and applicable taxes of this service.
An OD subscription must be purchased at least per company using the OD account. In the case of groups of companies, holdings, communication agencies, a subscription must be purchased at least for each company identified by a unique SIREN number, or a local equivalent in each country. The resale of OD accounts is totally prohibited except in the case of a specific agreement granted by the Company within the framework of an additional contract.
The OD Account subscription may be paid monthly or annually, at the User’s choice.
- When the chosen subscription is monthly, the fee is to be paid every month, with tacit subscription renewal; it is possible to cancel the subscription at any time and any cancelation takes effect the month following the cancelation request.
- When the chosen subscription is annual, the fee is to be paid 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 User also declares that s/he acknowledges and unconditionally accepts that subscription to an OD Account does not entitle her/him to reimbursement under any circumstances.
Any failure to pay can result in the termination of the paid-subscription service at the discretion of the Company.
The User can download his/her Paid Invoices at any time by following the procedure described in our Help Center: https://support.calameo.com/hc/articles/205481148
Right of Withdrawal – consumer
When the user of a paid account is a consumer residing in the European Economic Area (EEA), s/he may make use of a right of withdrawal of 14 days for paid contracts taken out online with CALAMEO.
However, the User who subscribes to a paid account (PREMIUM, PLATINUM, OD) online expressly gives his/her agreement, by the acceptance of the present GTCS-S, that the service subscribed to be made available for immediate use, and recognizes that s/he consequently renounces his/her right of withdrawal.
The User who does not wish to renounce her/his right of withdrawal and who wishes for the service provided to be deferred until the conclusion of the 14-day withdrawal period must make a request to CALAMEO via email at contact@calameo.com.
The User who wishes to use her/his right of withdrawal must inform CALAMEO of his/her decision to withdraw through an explicit statement (by letter, fax or email) before the expiration of the 14-day withdrawal period.
Model Withdrawal Form.
To: CALAMEO, 25, rue de Ponthieu, 75008 PARIS, email: contact@calameo.com
I hereby inform you of my intention to exercise my right of withdrawal applicable to the contract pertaining to the following service (…) entered into on (…)
Name:
Address:
Signature:
Date:
Professional users are not eligible for the right of withdrawal.
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 1365 et al of the French Civil Code, and if applicable, Article L.110-3 of the French Code of Commerce, information provided by the CALAMEO Website prevails between the Parties.
Intellectual Property
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 license 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 license 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 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.
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 and Service 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 and Service 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 and archiving purposes.
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, which the Company reserves the right to delete without notice.
CALAMEO Obligations
Except where otherwise provided 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, etc.) or the means of connection (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 test version usage of the reader or CALAMEO Website, 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.
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 and Service 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):
- 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 the Internet;
- 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;
- Renting, selling, reselling, licensing or distributing licenses provided by the website for services or any Service content;
- 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.
- Modifying or altering any part of the Website or Service (including, in particular, the Calaméo reader and related technologies), with the exception of using a custom Skin as part of a PREMIUM or PLATINUM Account;
- 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;
- 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;
- 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 agrees to be bound by YouTube's Terms of Service when making use of videos from YouTube available on the Website or in User Content.
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 and Service hereof, CALAMEO reserves the right to suspend the User’s account as well as access to his/her publications indefinitely and will inform the User of this suspension by email. 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 and Service 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.
Personal Data
The Parties are subject to CALAMEO’s Privacy Policy and Cookie Management Policy, which in their totality form part of the General Terms and Conditions of Sale and Service hereof.
Miscellaneous – Amendments to the General Terms and Conditions of Sale
Should any of the provisions of the General Terms and Conditions of Sale and Service 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 and Service hereof. Any updates to the General Terms and Conditions of Sale and Service 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 and Service 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 and Service are provided in languages other than French, they are provided for informational purposes only. The French version of the General Terms and Conditions of Sale and Service 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
Applicable Law – Judge – Litigation – Mediation
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.
When the User is a consumer, s/he may have recourse to a consumer mediator, with fees payable by the Company:
Appointment pending
The user may also refer the matter to the Online Dispute Resolution (ODR) platform: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN
Failing this, French courts will be exclusively competent.