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</i> Glose French Société par actions simplifiée with a share capital of 14 671.15 € Registered in the Trade and Companies Register of Nanterre under number 798 135 489 Whose headquarters are located at 27-29 rue de Choiseul – 75002 Paris Represented by its President, Mr.
Nicolas PRINCEN E-mail : .
email@example.com Phone number: +33 (0)1 88 33 40 43 VAT number: FR 85798135489 GLOSE TERMS AND CONDITIONS OF USE AND SALE Effective as of January 15, 2020 Welcome to Glose! These Terms and Conditions of Use and Sale constitute the Agreement binding us, GLOSE, to you, User of the Glose Website and Application (collectively, the <strong>“Platform”</strong>).
For all questions regarding your personal data, please refer to our .
Definitions The term "<strong>Application</strong>" refers to the mobile application "Glose", readable on a smartphone or tablet operating under iOS or Android, available on Apple's App Store and Google's Play Store download platforms.
The term "<strong>Content</strong>" refers to any word, text, image or data published by the User on the Application and/or the Website, for any purpose whatsoever, including his Contributions and exchanges with other Members.
The term "<strong>Contribution</strong>" refers to any publication by the User, whether written, audio or video, in connection with eBooks, including annotations and comments, reviews and aloud book readings.
The term "<strong>eBook</strong>" refers to any digital work (novels, comics, schoolbooks, periodicals and press) available for reading on the Website and Application, which Users can read, comment on, annotate and share with other Users.
The term "<strong>Order</strong>" refers to the eBook order placed by the User on the Platform, giving access to a paying eBook.
The term "<strong>Plateform</strong>" refers to the Glose Website and Application.
The term "<strong>Special Partner</strong>" refers to an independent publishing company who has entered into an agreement with GLOSE whereby the Special Partner’s customers are authorized to read the Special Partner’s eBooks on the Platform while benefitting from the Services.
Currently, GLOSE’s Special Partners are : • HarperCollins: - https://www.harpercollins.com/ • Harlequin: - https://www.harlequin.com/ The terms "<strong>User</strong>" and "<strong>You</strong>" refer to any natural person registered on the Platform after having successfully created a personal account under the conditions set forth herein.
The term "<strong>Website</strong>" refers to the Website available at www.glose.com where GLOSE offers the Services in Saas mode.
• in the "More" tab of the Application where they can be consulted at any time.
• in the designated tab of the Store (Google or Apple) where they can be consulted before downloading the Application.
They can also be communicated to the User on simple request by phone or e-mail.
Services offered on the Application and Website 3.1 What we offer The Platform is a personalized, interactive, social and collaborative reading platform.
With Glose, our goal is to make you want to read more, read better and share that with your friends.
Therefore, the Website and the Application offer the following Services to Users: • <strong>A personalized online library</strong> of eBooks that you can display and read on all your devices (computers, tablets, smartphones).
Our algorithm provides eBook suggestions according to your tastes and affinities.
• <strong>An enhanced reading experience</strong> with our "Super Reader", an eBook reading interface that allows you to customize your eBooks (size, colour, font, etc.) and, by a simple click, comment on them, annotate them, and react by adding Content or by sharing your comments and your aloud book readings.
• <strong>A personal</strong>“Dashboard”, where you can find the eBooks you are currently reading, those you have read and indicators and statistics reflecting your reading activity (e.g.
for each eBook, the reading time or the number of Contributions).
• <strong>A social network</strong> allowing each User to create a profile, connect with other Users, follow their activity and exchange with them, participate in reading groups, etc.
• <strong>A platform</strong> on which you can upload your own texts or digital books in order to be able to read them while benefiting from all the above mentioned services, provided that this upload does not infringe the rights of third parties.
3.2 What we don’t offer The Website and the Application do not allow the downloading of eBooks.
The reproduction, extraction or transfer of eBooks, and more broadly their use outside of the conditions described herein, are strictly prohibited.
The Services are intended solely for non-commercial purposes, for the User’s personal use.
Any use outside of these contexts is expressly prohibited.
Registration process 4.1.
Registration requirements The Application and Website are intended for use by natural persons aged at least 15 years old.
Each User's account is strictly personal and may not be shared, lent, assigned or rented to third parties.
All costs incurred by the User in connection with accessing and using the Platform – including acquisition and maintenance of necessary equipment, internet access fees, etc.
– shall be solely borne by the User.
Personal data All information relating to the collecting and processing of the User’s personal data is provided in the .
Registration procedure 4.3.1 Registration on the Glose Platform To access the Services, the User must create a User account by clicking on “Registration”.
There are four different ways for the User to create an account: • by entering an e-mail address, a login and a password.
or • by clicking on Facebook Connect to use his Facebook login and password.
or • by clicking on Google Connect to use his Google login and password.
The User who has successfully registered is given access to the Services offered on the Application and the Website and to his User account which contains his personal information and password, which he may change at any time.
The User undertakes to provide accurate and thorough information.
Entering a valid and accurate e-mail address is essential to provide the Services.
GLOSE will not be held liable for the being unable to confirm a registration due to inaccurate information.
The User undertakes (i) not to present himself under a false identity or usurp a third party’s identity, (ii) to have only one active User account (any additional account held by the User can be deleted by GLOSE).
The User undertakes, in the event of a subsequent change to his personal data, to modify his User account accordingly as well as any data provided to GLOSE as part of his registration to Glose.
The User may change his password on the Application or Website under the tab "Account Settings".
If you chose to read this eBook on the Platform, some of your personal data will be automatically transferred from the Special Partner’s website to the Platform in order to create your User account on the Platform.
By clicking on the “Read on Glose” in the Special Partner’s confirmation email, you accept the creation of your User account on GLOSE.
Confidentiality The password and login allowing the User to access the Services are strictly confidential and are intended to protect the User's personal data.
The User undertakes not to communicate them to any third party and to keep them in a place known only to him.
The User will be solely responsible in the event of loss or communication of his login and password to an unauthorized third party.
If the User is having trouble accessing his account or has forgotten his password, the User may request GLOSE to reset his password.
GLOSE cannot be held liable in the event of fraudulent use of the User's account due to the User’s negligence in keeping and protecting his User login and password.
The User undertakes to report to GLOSE, as soon as he becomes aware of it and as quickly as possible, any fraudulent, unlawful or unauthorized use of his account by sending an e-mail to the following address: firstname.lastname@example.org.
eBooks Order 5.1.
Essential Features, Functionality and Interoperability of eBooks Glose is available on iOS, Android and all web browsers, on computer, tablet and mobile devices.
Every eBook that has been opened can then be read with or without an internet connection.
Price 5.2.1 Free eBooks The first 10% of each eBook are free to read, except for those which are fully free to read (“Free” category).
To access them, the User simply needs to click on "Read" on the page of the eBook concerned.
5.2.2 Paid eBooks The confirmation of the Order entails the User's obligation to pay the price indicated.
The sale prices are indicated, for each eBook, in euros, all taxes included.
The total amount due by the User is recalled on the Order confirmation page.
The sale price of the product is the one in effect on the day of the Order.
In the event of a price promotion, GLOSE undertakes to apply the promotional price to all Orders placed during the period of advertising for the promotion.
GLOSE reserves the right to modify its prices at any time, while guaranteeing the User the application of the price in force on the day of his Order.
5.3 Processing of the Order To place an Order, the User clicks on the "Buy Now" button.
The User is invited to fill in his credit card information, which is necessary for us to set the price of the eBook (eBook prices vary depending on the User's country).
No payment is made at this stage.
Thereafter, the User has the opportunity to check the details of his Order and its total price and to return to the previous pages to correct any errors or possibly modify it.
He then confirms his Order.
The confirmation of the Order also implies, in accordance with the Article L.
121-21 13° of the French Consumer Code, a request for immediate access to the eBook ordered and waiver by the User of his right of withdrawal.
The price is due in full upon confirmation of the Order which is accompanied by an obligation to pay.
An e-mail acknowledging receipt of the Order and its payment is sent by GLOSE to the User shortly after.
5.4 Payment Payment shall be made immediately upon confirmation of the Order, by credit card.
The User is required to provide the name of the cardholder, the number of his bank card, its expiry date and its cryptogram.
The User guarantees that he is fully entitled and authorized to use said card and that the card gives access to sufficient funds to cover all costs resulting from his Order.
In order to limit the risks of fraud and to protect the interests of the Users, GLOSE may be led to refuse payment by credit card.
The Website and the Application offer a secure payment system (encryption, encryption of bank data and transmissions via the STRIPE payment service provider).
5.5 Delivery Delivery means the transfer to the User of access to the entire eBook ordered.
5.6 Withdrawal The User is informed that, in accordance with the Article L.
121-21-8 13° of the French Consumer Code, the right of withdrawal is not applicable to eBooks ordered on the Platform insofar as this right cannot be exercised for digital content not provided on a physical medium whose execution has begun after prior express agreement of the User and express renunciation of his right of withdrawal.
5.7 Legal guarantees Every eBook provided by the Platform benefits from the legal guarantee of conformity provided by Articles L.217-4 and following of the French Consumer Code, and the guarantee for hidden defects provided by Articles 1641 to 1649 of the French Civil Code.
5.7.1 Guarantee of conformity GLOSE shall provide the User with an eBook compliant with the Order and shall be liable for any lack of conformity existing at the time of delivery.
The User is informed that, by virtue of the law, in order to comply with the Order, a product must: • Be fit for the use normally expected of a similar good and, where applicable: - correspond to the description given by the seller and possess the qualities that the seller has presented to the buyer in the form of a sample or model.
- have the qualities that a buyer can legitimately expect in view of the public statements made by the seller, particularly in advertising or labelling.
• Or present the characteristics defined by mutual agreement between the parties or be suitable for any special purpose sought by the buyer, brought to the knowledge of the seller and accepted by the latter.
Defects of conformity that appear within twenty-four months of delivery of the eBook are presumed to exist at the time of delivery, unless proven otherwise.
The User who wishes to implement this guarantee of conformity must address a complaint to GLOSE under the conditions of article 11.1 in order to obtain the replacement of the eBook or possibly the cancellation of the sale.
In this case, it shall be incumbent upon the User to demonstrate non-compliance.
5.7.2 Guarantee for hidden defects The User may decide to implement the guarantee against hidden defects of the eBook sold, within the meaning of Article 1641 of the French Civil Code.
In this case, he can choose between cancellation of the sale or a reduction of the sale price, in accordance with Article 1644 of the French Civil Code.
Personal account and Content deletion 6.1.
Personal account deletion 6.1.1 Cases of Personal account deletion The User may delete his User account at any time at the User’s discretion in the "Account Settings" section.
Unless the User’s breach is of such gravity that it justifies the immediate deletion of the User's account, GLOSE will notify to the User the upcoming deletion of the User’s account with a seven-day prior notice allowing the User to submit his comments.
6.1.2 Consequences of Personal account deletion The deletion of the User's account will prevent the User from accessing all of the Services and will result in the deletion of the User's name from all Contributions and Content generated by the User on the Platform.
GLOSE undertakes to destroy all personal data relating to the User whose account has been deleted within seven (7) days.
Account transfer and content export In certain circumstances, it may be necessary or desirable to transfer a User's account of the “Glose Education” platform to the standard "Glose" Platform (for example, in the case of a User who graduates and is no longer registered in a school).
In this respect, a transfer may be preferable to deletion of the User's account so that the User can retain his or her rights to his or her eBooks, his or her content and his or her data.
GLOSE will make its best efforts to allow transfers of accounts of Users concerned by such circumstances at the request of the User or the User’s school.
Intellectual Property 8.1.
Intellectual property related to the eBooks The works made available to Users by GLOSE on the Website and the Application in the form of eBooks may be the exclusive property of their publisher(s) and/or author(s).
Each of the works thus made available by GLOSE on the Super Reader is either GLOSE’s proprietary content or has been authorized by the author, the publisher or their rights holders, allowing its publishing on the Platform.
GLOSE has validly obtained, when applicable, the authorization to use, under the conditions set forth herein, the eBooks and the Content associated with them that is displayed on Glose (authors’ biographies, packaging visuals, etc.) GLOSE grants the registered User, for the duration of the User’s registration, a limited, personal, revocable, non-exclusive, non-transferable, non-sublicensable license to display and adapt the eBooks on the Super Reader.
Under the right of display, the User is authorized to read eBooks by displaying them on his device (computer, tablet or smartphone).
Under the right of adaptation, he is authorized to annotate the eBook, comment on it, highlight it, and react to it by inserting Content.
Any reproduction, representation or modification of eBooks, whether total or partial, by any means whatsoever, outside of the above-mentioned limits, and in particular outside the Website and/or the Application, is prohibited and would constitute an infringement of intellectual property rights punishable by Articles L.
335-2 et seq.
of the French Intellectual Property Code.
The fact of knowingly infringing a technical protection measure is punishable by a fine of 3750 euros under Article L.
335-4-1 of the French Intellectual Property Code, and the fact of knowingly providing means to infringe a technical protection measure is punishable by a prison term of six months and a fine of 30,000 euros.
Intellectual property related to the Website, the Application and their elements GLOSE is the exclusive owner, worldwide, of the intellectual property rights relating to the Website and the Application as well as to all their visual elements (texts, images, user interface, graphic charter), their software (Super Reader, proprietary DRM system, content processing programs, reading analytics etc.), their databases (Glose library, Users’ Contributions, Content, etc.) (hereinafter, collectively, the "<strong>Proprietary Elements</strong>").
These rights are either initially vested to GLOSE , or validly acquired from the initial owner.
No license to or right in any trademarks, corporate names, logos, domain names and distinctive signs, patents, trade secrets, or processes of GLOSE, its affiliates and/or other parties that the Platform may contain or refer to is granted to or conferred upon you.
Any use by the User of the foregoing is strictly prohibited except with the express prior consent of GLOSE.
If necessary, the request for authorisation should be sent to the following address: email@example.com.
GLOSE reserves the right to take legal action against any act of infringement of intellectual property rights, counterfeiting, unfair competition against it and, more generally, any act violating its rights.
Intellectual property of the Users Users acknowledge, represent and warrant that they own all the intellectual property rights to the Content they publish on the Platform, either because these rights were originally vested in them (e.g.
an original Contribution of a User) or because they have validly acquired the rights thereto from their legitimate owner (e.g.
reproduction of the image or text of a third party).
The Users guarantee GLOSE in this respect.
Users grant GLOSE, on a non-exclusive basis, for the entire world and for the duration of copyright protection, the right to reproduce, display and adapt the Content they publish on the Application and the Website.
Under this license, GLOSE is authorized to publish the Content on the Platform, to share it with other Users, and to make any technical modifications, but also to distribute it as part of the promotion and marketing of Glose, on any GLOSE communication medium, whether online or offline.
Commitments and warranties of the User 9.1.
The User undertakes not to include, in the Content he or she publishes on the Application and the Website, elements contrary to the law, or otherwise objectionable (as determined by GLOSE).
In particular, the User agrees not to publish on the Application or on the Website: • Any abusive, defamatory Content, including any Content containing an incitement to racial hatred or terrorism.
• Any violent or paedophile-oriented Content.
• Any Content that could be qualified as harassment.
• Any Content that is misleading, deceptive and/or deliberately contains information likely to mislead other Users.
• Any Content containing elements directing Users to a website, a company, a competitor or an organization that contravenes French law, conveys misleading or deceptive information or is otherwise objectionable.
• Any Content containing elements infringing the intellectual property rights or the rights to privacy of third parties.
• Any political or sexist Content.
• Any Content that is discriminatory or degrading in nature.
• Any pornographic Content.
• Any Content that harms minors or any vulnerable person.
The User also undertakes not to affect the proper functioning of the Application or the Website.
To this end, the User shall refrain from any fraudulent access to GLOSE’s technologies and from interfering with or obstructing the GLOSE information system.
Failing this, GLOSE will take any and all measures against the User in particular under Articles 323-1 et seq.
of the French Criminal Code.
We urge you to report any content or conduct that you believe infringes your or third parties' rights either by using the "Report" tab or by writing to us directly at firstname.lastname@example.org.
Warranties and Indemnities of the User The User represents and warrants to GLOSE that the User has all necessary rights for the peaceful use of the rights granted to the User and the Content published, shared or created on the Application and the Website.
The User shall indemnify, defend, and hold harmless GLOSE from and against any and all liabilities, costs, expenses (including attorneys’ fees), damages, fines, penalties, and any other losses of any kind relating to or arising from any claim by a third party, whether or not the latter is a User of the Application or the Website, based on an infringement of intellectual property rights, of rights to privacy, for defamation or libel, for false, misleading or deceptive statements and generally for any illegal or wrongful behaviour.
• That the User is the sole owner of the intellectual property rights to the Content the User shares on the Application and the Website or that the User has obtained, in writing, any authorization required prior to their publishing on the Application and the Website.
We urge you to report to us any content that infringes your rights or the rights of third parties either by using the "Report" tab or by writing to us directly at email@example.com or at: <br> GLOSE SAS,<br> 27-29 rue de Choiseul<br> 75002 Paris<br> France<br> 10.
Legal limitations GLOSE does not carry out a prior control or review over the Content posted on the Application and the Website.
As a result, GLOSE does not guarantee in any way whatsoever the Content published on the Website and Application by Users.
GLOSE makes no representation or warranty that any material or content displayed on or offered through the Platform is accurate, complete, appropriate, reliable, or timely.
GLOSE also makes no representations or warranties that the website or application will meet your requirements, or that your access to and use of the Platform will be uninterrupted or error-free, free of viruses, malicious code, or other harmful components, or otherwise will be secure.
Users are solely responsible for their Contributions and GLOSE is not a party to any exchanges that may take place between Users.
By connecting and interacting with other Users on the Application and the Website, you are directly and personally communicating with them and acknowledge that GLOSE has no obligation to (but in its discretion may) monitor or intervene in your exchanges and interactions.
GLOSE may under no circumstances have any responsibility or be held liable for the Content posted by Users on the Application or Website and for any consequences thereof.
GLOSE implements all appropriate measures to ensure that the User is provided with quality Services under optimal conditions.
However, it shall in no event be held liable for any failure or improper performance of all or part of the Services which may originate from the User or from the acts or omissions of a third party.
GLOSE cannot be held liable for the non-performance of its obligations due to force majeure as defined by Article 1218 of the French Civil Code, or for causes beyond its control.
The Website may contain links to other Websites not edited, controlled or monitored by GLOSE.
GLOSE will not be held liable for any content or service displayed on or through these third-party websites.
Technical limitations The Website and the Application may be accessed 7 days a week and 24 hours a day by any User, except as provided below: • In cases of force majeure, • During maintenance periods chosen at GLOSE's discretion.
• During temporary network interruptions due to Internet service providers or malfunctions independent of GLOSE.
These interruptions shall not incur GLOSE's liability or give rise to any right to compensation from the User.
The User accepts the constraints and limits inherent to the use of digital tools via the Internet network.
GLOSE will not be held liable for any direct or indirect damage resulting from malfunctions independent of GLOSE and affecting the normal functioning of the Website or the Application.
The User is solely responsible for the proper functioning, capacity and compatibility of the equipment that allows the User to access and use the Website and the Application.
GLOSE cannot be held responsible for any difficulties the User may have in doing so which would originate from the User's devices or network connection.
Dispute resolution and applicable Law 12.1.
The User may lodge a complaint at the following email address: firstname.lastname@example.org.
To this end, GLOSE has joined the E-COMMERCE AND DISTANCE SELLING FEDERATION (“FEVAD”).
The User may refer the matter to the FEVAD mediator by clicking on this link: https://www.mediateurfevad.fr/index.php/espace-consommateur/#toggle-id-9.
The User may also submit a complaint on the online dispute resolution platform of the European Commission by clicking on this link: ec.europa.eu/consumers/odr/.
Inaccuracies We make great efforts to provide accurate information on the Website and Application.
However, we disclaim—and you release us from any liability regarding—errors, inaccuracies, and omissions of the Website and Application.
We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice.
GLOSE makes no guarantees whatsoever as to the completeness, timeliness, correctness, or accuracy of the materials or data available through the Website and Application.
If you believe any portion of the Website and Application includes an error or inaccuracy, please notify us.
Miscellaneous If any part of the Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.
No failure or delay in enforcing any provision, exercising any option, or requiring performance, shall be construed to be a waiver of that or any other right in connection with the Agreement.
No action arising out of this Agreement or your access to or use of our Website and Application, regardless of form or the basis of the claim, may be brought by you more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose) and you hereby waive any longer statute of limitations that may be permitted by law.
If GLOSE does take any legal action against you as a result of your violation of the Agreement, GLOSE will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to GLOSE.
You agree that GLOSE will not be liable to you or to any third party for termination of your access to, or use of, any of our Website and Application as a result of any violation of the Agreement or for any reason at all.
You may not assign, by operation of law or otherwise, any rights or delegate any duties under the Agreement to any third party without prior written consent by GLOSE.
Any purported assignment lacking such consent will be void at its inception.
GLOSE may assign all or part of its rights and/or delegate all or part of its duties under the Agreement to any party, at any time, and in its sole discretion, upon notice of assignment by posting such notice on our Website and Application.
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