PLEASE READ THESE TERMS OF SERVICE (COLLECTIVELY WITH LEFT ANGLE'S PRIVACY POLICY, THE "TERMS OF SERVICE") FULLY AND CAREFULLY BEFORE USING WWW.LEFTANGLE-ARTISAN.COM (THE "WEB-SERVICE"), ANY SOFTWARE APPLICATION PROVIDED BY LEFT ANGLE, SUCH AS AUTOGRAPH (THE "SOFTWARE") AND THE MEDIA FILE STORAGE AND COLLABORATION SERVICES, FEATURES, CONTENT OR APPLICATIONS OFFERED BY LEFT ANGLE. ("LEFT ANGLE," "WE," "US," OR "OUR") (TOGETHER WITH THE WEB-SERVICE AND THE SOFTWARE, THE "SERVICES").THESE TERMS OF SERVICE SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEB-SERVICE, THE SOFTWARE AND THE SERVICES.
YOUR USE OF LEFT ANGLE WEB-SERVICE OR SOFTWARE IS AT ALL TIMES SUBJECT TO THE END-USER LICENSE AGREEMENT WHICH INCORPORATES THESE TERMS OF USE.
YOUR RIGHT TO USE THE SERVICES IS EXPRESSLY CONDITIONED ON YOUR ACCEPTANCE OF THESE TERMS OF SERVICE. BY CLICKING ON THE "ACCEPT" BUTTON AND USING THE SERVICES, YOU UNCONDITIONALLY AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF THESE TERMS OF SERVICE ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE WITH ANY PROVISION OF THESE TERMS OF SERVICE, YOU MUST CLICK ON THE "CANCEL" BUTTON AND MAY NOT ACCESS OR USE THE SERVICES IN ANY MANNER FOR ANY PURPOSE.
Definitions
• "Left Angle" ("We", "us", "our") : Société par actions simplifiée, Siren 878 675 198 32 rue de la biscuiterie – 38400 Saint Martin d’Hères
• "The Site" : www.left-angle.com
• "The Web-Service" : www.leftangle-artisan.com
• “Software": Refers to Autograph, LEFT ANGLE program, regardless of its version, in object code form. The Software includes the Documentation.
• "The Services": The Web-Service and Software.
• "Terms of Service": Refers to the set of articles constituted by this document and accepted by the User
• "User", "You" : either (i) an individual who has accepted the Terms of Service prior to accessing The Web-Service or by downloading, installing, accessing, or otherwise using the Software or (ii) those employees authorized by their employing organization, entity, or institution when such authorized employee has either (a) accepted this Agreement on behalf of such organization, entity, or institution; or (b) downloaded, installed, accessed, or otherwise used the Software or the Web-Service.
• "The Parties": Refers to Left Angle and User
• "Agreement": Refers to the set constituted by these terms accepted by the User and its annexes.
• "Content": Includes, without limitation, information, videos, audio files, data, text, photographs, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services. For the purposes of this Agreement, "Content" also includes all User Content (as defined below).
• "User Content": All Content added, created, uploaded, submitted, distributed, or posted to the Services by users (collectively "User Content")
• “Evaluation Feedback”: User’s feedback relating to User's access to, use, and evaluation of the Services, including without limitation, feedback on features or functionality, usability, specifications, architectural diagrams, APIs and related information, software or hardware compatibility, interoperability, performance, bug reports, test results and documentation requirements, and may also include suggestions or ideas for improvements or enhancements to the Services.
Acceptance of Terms of Service
By registering for and/or using the Services in any manner, including but not limited to visiting or browsing the Web-Service and/or downloading the Software, you agree to these Terms of Service and all other operating rules, policies and procedures that may be published on The Site or The Web-Service by Left Angle, each of which is incorporated by reference and each of which may be updated from time to time without notice to you. Certain of the Services may be subject to additional terms and conditions specified by us from time to time; your use of such Services is subject to those additional terms and conditions, which are incorporated into these Terms of Service by this reference. These Terms of Service apply to all users of the Services, including, without limitation, users who are contributors of content, information, and other materials or services, registered or otherwise.
Privacy Policy
The Privacy Policy at http://www.left-angle.com/privacy is incorporated into the Terms of Service by reference and governs any personal information user provides to Left Angle
Eligibility
User must be at least 13 years of age to use The Services. If under age 13, you may not, under any circumstances or for any reason, use the The Services. Left Angle may at its sole discretion refuse to offer the Services to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Service are in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where these Terms of Service or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. Further, the Services are offered only for your use, and not for the use or benefit of any third party.
Registration
To sign up for the Services, you must register for an account on www.left-angle.com on the Services (each, an "Account"). You shall not: (i) use the name of another person with the intent to impersonate that person or (ii) use the name of a person other than you without appropriate authorization. You are solely responsible for the activity that occurs on your Account, and for keeping your Account password secure. You may never use another person's user account or registration information for the Services without permission. You must notify us immediately of any change in your eligibility to use the Services (including any changes to or revocation of any licenses from state authorities), breach of security or unauthorized use of your Account. You should never publish, distribute or post login information for your Account. You shall have the ability to delete your Account, either directly or through a request made by e-mail to support@left-angle.com
Terms
Content
All User Content, whether publicly or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You acknowledge that all Content, including User Content, accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through the Services is or will continue to be accurate.
Restrictions
The Services may contain Content specifically provided by Left Angle or partners or users of The Web-Service and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services.
Use License
Subject to your compliance with these Terms of Service and applicable law, you may access and use the Services (for instance, to download Content and display locally) that Left Angle makes available, and that you license from Left Angle. Use, reproduction, modification, distribution or storage of any Content for purposes other than using the Services is expressly prohibited without prior written permission from Left Angle. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right. Your license to use and access the Services and the Content is automatically revoked if you violate these Terms of Service, including in any manner that violates our intellectual property rights. All rights not explicitly granted to you are reserved by us. For any "Feedback" reported regarding Services (including without limitation with respect to modifications, enhancement, improvements, and other changes to the Services) (collectively, the "Feedback"), You grant Left Angle a non-exclusive, irrevocable, perpetual, worldwide, royalty-free, sublicensable, and transferable license to make, use, sell, have made, offer to sell, import, export, reproduce, publicly display, distribute, modify, and publicly perform the Feedback.
User Content License Grant
By submitting User Content through the Services, you hereby do and shall grant Left Angle a worldwide, non-exclusive, revocable, royalty-free, fully paid, sublicensable and transferable right and license to access, use, adapt, convert, transcode, reproduce, distribute, display, perform, disclose, transmit, store and cache the User Content solely to the extent necessary to provide the Services or as otherwise permitted by these Terms of Service, which license shall terminate upon the deletion or removal of any such User Content from the Services. For clarity, the foregoing license grants to Left Angle does not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing. Left Angle does not claim ownership of User Content that is transmitted, stored, processed, or linked in your Account or through the Services. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.
Content Sharing
When you add, create, upload, submit, distribute or post User Content to a Project, such User Content is accessible by any and all Users invited to your Artisan account. You hereby do and shall grant each such User with whom you share User Content the ability to access, use, import, edit, modify, truncate, aggregate, adapt, reproduce, distribute, display, publish, disclose, transmit, prepare derivative works of, store, cache and perform such User Content, including after termination of your Account or the Services. When you send a link to User Content to an invited user, you understand that each such user has the ability to view, access and display such content, including after termination of your account or the Services. In addition, when you send a link to a user, you may choose to grant the applicable user any or all of the following additional rights: download the content, publish such link, and/or invite third parties to view, access and display such content. Through its use of the Services, if you initiate or are invited by another individual or organization that is using the Services under a separate agreement with Left Angle (“Third-Party Account Holder”) to Share (as defined below) or edit User Content in a document, space, library, canvas or other collaboration environment controlled by the Third-Party Account Holder (each a “Collaboration Space”), you acknowledge and agree that the Third-Party Account Holder is solely responsible for implementing the settings, including commenting, editing, access, publication and ownership settings, for all content, including User Content, in the Collaboration Space. The Third-Party Account Holder will be able to restrict or terminate your access to the Collaboration Space at any time. If you do not want the Third-Party Account Holder to control your User Content, you should not Share or edit your User Content in a Collaboration Space and should maintain back-up copies of User Content. Left Angle has no responsibility or liability for any loss, use or misuse of User Content in a Collaboration Space. You acknowledge and agree that (i) Left Angle will not be a party to any disputes between you and any Third-Party Account Holder; (ii) you will not seek to make Left Angle a party to any such dispute, and (iii) Left Angle will have no liability or obligation to either you or a Third-Party Account Holder for any content, including User Content, subject to such a dispute. “Share” means to email, post, transmit, stream, upload, or otherwise make User Content available to a Third-Party Account Holder or other third party through your use of the Services.
Content Deletion
Any User Content made available on the Web-Services will continue to be available on such Web-Services unless and until the applicable account is terminated from the Services or the applicable User Content is deleted from the Services, at which point such User Content will be removed from the Services in conformance with Left Angle’s then current data retention policies and procedures. User Content can be removed by the owner of the Artisan Drive or any invited member with such rights.
Warranties
You hereby represent and warrant that (i) your User Content and the availability thereof through the Services does not and will not infringe or violate the rights of any third party, including without limitation any intellectual property rights, performers' rights, rights of privacy or publicity, or rights in confidential information, (ii) you have obtained any and all necessary consents, permissions and/or releases from any and all persons appearing in any User Content in order to include their name, voice, performance or likeness in any User Content and to publish the same on the Services, and (iii) the storage, use or transmission of any User Content does not violate any law or these Terms of Service.
Use of Free-trial
Left Angle may offer free use, offers, and trial memberships in its sole discretion. If access to the Services is provided to you for free or for trial purposes, such access is governed by these Terms of Service. At any time prior to or during the free or trial period, Left Angle may, in its sole discretion, terminate the free or trial access without prior notice and without any liability to you, to the extent permitted under applicable law, for any reason, including to prevent abuse of the free or trial access. After the free or trial access period expires, you may continue using the Services only by enrolling in a paid subscription, if available, or as otherwise permitted by Left Angle. During the free or trial period, no express or implied warranties shall apply to the Services, all Services are provided “as-is” with all defects, and no technical or other support is included
Availability of Content
We do not guarantee that any Content will be made available on the Site or through the Services. We reserve the right to, but do not have any obligation to, (i) remove, edit or modify any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms of Service), or for no reason at all and (ii) to remove or block any Content from the Services.
Unauthorized Use
You must immediately notify us in writing of any unauthorized use of any (i) Content (including User Content), (ii) Account or (iii) the Services that comes to your attention. In the event of any such unauthorized use by any third party that obtained access through you, please refer to the Intellectual Property Removal Policy. You will take all steps necessary to terminate such unauthorized use. You will provide us with such cooperation and assistance related to any such unauthorized use as we may reasonably request. You acknowledge that if you wish to protect your transmission of User Content to us, it is your responsibility to use a secure encrypted connection to communicate with the Services.
Rules of Conduct
You promise not to use the Services for any purpose that is prohibited by these Terms of Service or applicable law. You are responsible for all of your activity in connection with the Services, including without limitation your conduct, your User Content, and your communications with others.
You shall promptly handle and resolve any notices and claims relating to your Content, including any notices sent to you by any person claiming that any of your Content violates any person's rights. You shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Service, including without limitation any User Content, that: fails to comply with these Terms of Service; infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty; is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, vulgar, offensive or is otherwise inappropriate as determined by Left Angle to its sole discretion; constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming"); contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party; impersonates any person or entity, including any of our employees or representatives; or includes anyone's identification documents or sensitive financial information.
You shall not: (i) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers' ("Third Party Providers")) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; (iii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services); (iv) run any form of auto-responder or "spam" on the Services; (v) use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Site; (vi) harvest or scrape any Content from the Services; or (vii) otherwise take any action in violation of our guidelines and policies.
You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services (including without limitation any Applications), except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Services, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.
Left Ange also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Service, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Left Angle, its users and the public.
Export Control
You may only use, export or re-export the Software in accordance with the laws of the jurisdiction(s) in which you acquired the Software. You agree not to use the Software for any purpose not permitted by French law.
Ownership
Ownership of User Content
You (as a Business or an individual, as applicable) retain all rights and ownership of your User Content. We do not claim any ownership rights to your User Content.
Left Angle's Intellectual Property
Left Angle (and our licensors) remain the sole owner of all right, title, and interest in the Services. Except as stated in the Terms of Service, Left Angle does not grant you any rights to patents, copyrights, trade secrets, trademarks, or any other rights in respect to the items in the Services. Left Angle reserves all rights not granted under the Terms of Service.
Third Party Services
The Services may permit you to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Services. When you access third party resources on the Internet, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply our endorsement or any association between us and their operators. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.
Termination
We may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. If you wish to terminate your Account, you may do so by following the instructions on the Site or through the Services. Any fees paid hereunder are non-refundable. All provisions of these Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, licenses of User Content, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Warranty
Left Angle has no special relationship with or fiduciary duty to you. You acknowledge that Left Angle has no duty to take any action regarding: which users gain access to the Services; what Content you access via the Services; or how you may interpret or use the Content.
Left Angle strongly encourages and recommend that you maintain appropriate security, protection and backup copies of your Content, which may include your use of additional encryption technology to protect Content (including User Content) from unauthorized access. You acknowledge and agree that Left Angle will have no liability of any kind as a result of the deletion of, correction of, destruction of, damage to, loss of or failure to store or encrypt any Content.
You release Left Angle from all liability for you having acquired or not acquired Content through the Services. Left Angle makes no representations concerning any Content contained in or accessed through the Services, and Left Angle will not be responsible or liable for the accuracy, copyright compliance, or legality of material or Content contained in or accessed through the Services.
THE SERVICES AND CONTENT ARE PROVIDED "AS IS", "AS AVAILABLE" AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (IV) THAT THE CONTENT WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED; (V) THAT THE SERVICES WILL NOT HARM YOUR COMPUTER SYSTEM; OR (VI) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. WE DO NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF USERS SUBSCRIBING TO OUR SERVICES, NOR DO WE HAVE ANY OBLIGATION TO MONITOR THE USE OF THE SERVICES BY USERS. WE DISCLAIM ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION.
Indemnification
You shall defend, indemnify, and hold harmless us, our affiliates and each of our and their respective employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys' fees, that arise from or relate to your use or misuse of, or access to, the Services, Content, or otherwise from your User Content, violation of these Terms of Service, or infringement by you, or any third party using your Account or identity in the Services, of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.
Limitation of Liability
IN NO EVENT SHALL WE, NOR OUR DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, WARRANTY OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS, REVENUE, GOODWILL, USE OR CONTENT) (HOWEVER ARISING), EVEN IF WE HAD BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES, (II) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE SERVICES, INCLUDING FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF THE GREATER OF (A) FEES PAID TO US FOR THE PARTICULAR SERVICES DURING THE IMMEDIATELY PREVIOUS THREE (3) MONTH PERIOD OR (B) $500.00 USD.
These limitations and exclusions in this section (Limitation of Liability) apply to the maximum extent permitted by law even if (A) a remedy does not fully compensate you for any losses or fails of its essential purpose; or (B) we knew or should have known about the possibility of damages.
These Terms of Service set forth the entire liability of Left Angle and its affiliates as well as your exclusive remedy with respect to access and use of the Services.
LANGAGE
In the event of any discrepancy between the different language versions of the Terms of use, the French version shall prevail.
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