>Terms of Service <p>
<b>General Terms of
Use </b>
</p>
<p>
<b>-</b>
</p>
<p>
<b>PEARLTREES </b>
</p>
<p>
<b>-</b>
</p>
<p>These terms of use
cover the public version of Pearltrees.
You can also access the terms of use of
Pearltrees Education and Pearltrees Enterprise.</p>
<p>
<b> </b>
</p>
<p> </p>
<p>
<b>1.  .
</b>
<b>LEGAL INFORMATION</b>
</p>
<p>
<b>
<u> </u>
</b>
</p>
<p>These Terms and
Conditions (the “<b>T&Cs</b>”) are proposed by BROCELIAND (“<b>Pearltrees</b>”),
a French Joint Stock Company with a share capital of 685 442,20 euros
registered in Paris, France under no.
504 599 267 with a registered
address at 131 Boulevard Sébastopol, 75002 Paris, France.
</p>
<p> </p>
<p>Pearltrees can be
contacted at the following e-mail address: contact@pearltrees.com.</p>
<p> </p>
<p>Pearltrees owns
and publishes the http://www.pearltrees.com
Platform (the “<b>Platform</b>”).
</p>
<p> </p>
<p>The Platform is
hosted by NERIM SAS, domiciled at 102 avenue du Président Kennedy, 75016 Paris,
France, which can be contacted on the following non-premium rate telephone
number: +33 [0]1.80.40.05.50.
</p>
<p> </p>
<p>The
publishing manager (“directeur de publication”) of the Platform is Mr.
Patrick
Lamothe.
</p>
<p>
<b> </b>
</p>
<p>
<b>2.  .
</b>
<b>DEFINITIONS
– INTERPRETATION </b>
</p>
<p>
<b> </b>
</p>
<p>Throughout these
T&Cs, the following terms, when depicted with a capital first letter,
whether in the singular or in the plural form, shall have the meanings that are
set out below: </p>
<p> </p>
<p>“<b>Collections</b>”:</p>
<p>Shall mean the collections of digital content created and published by the Users in the Account by aggregating various content (video, images, web pages or texts) available online from the Platform itself or from third party sites, or uploaded by the Users to their Account.
</p>
<p> </p>
<p>
<b>“Account</b>”:</p>
<p>Shall mean the part of the Platform that is accessible to the Users.</p>
<p> </p>
<p>“<b>Intellectual Property Rights</b>”:</p>
<p>Shall mean all proprietary rights and interests of any kind, whether owned or held under license, that exist on the date of these T&Cs or that arise from same, including over any original work, invention, improvement, production know-how, technology, production secret, trademark, patent.</p>
<p> </p>
<p>“<b>Identifiers”</b>:</p>
<p>Shall mean the personal identifier and the password linked to the User’s Account.
</p>
<p> </p>
<p>“<b>User”</b>:</p>
<p>Shall mean any person who accesses and uses the Platform and/or the Account.</p>
<p> </p>
<p>“<b>Service”</b>: </p>
<p> </p>
<p>Shall mean the service provided by Pearltrees enabling the User to use the Platform</p>
<p> </p>
<p>
<b>3.  .
</b>
<b>PURPOSE</b>
</p>
<p>
<b> </b>
</p>
<p>The present T&C’s
shall have for purpose the provision of contractual terms under which
Pearltrees provides access to its Service to Users.
</p>
<p>
<b> </b>
</p>
<p>
<b>4.  .
</b>
<b>APPLICABILITY
OF THE T&Cs</b>
</p>
<p> </p>
<p>In order to access
the Platform and the Account, Users must be acquainted with, understand and
accept these T&Cs.
</p>
<p> </p>
<p>Acceptances of
these T&Cs by Users implies that they have they have age of legal majority
and full legal capacity.
</p>
<p> </p>
<p>Pearltrees shall
be entitled to modify these T&Cs at any point in time, in order to adapt
them to the changes in its Platform and/or its Service, but also in order to
take into consideration any changes in the laws or regulations.
</p>
<p> </p>
<p>Should any of the
Parties fail to avail themselves of a given provision of these T&Cs at any
point in time, this shall not be interpreted as being tantamount to a waiver of
their right to avail themselves subsequently of any provision of these
T&Cs.</p>
<p> </p>
<p>Should any
provisions of the T&Cs turn out to be inapplicable for any reason
whatsoever, such as due to an
applicable
statute or regulation, the Parties shall remain bound by the other provisions
of the T&Cs and shall endeavour to remedy the inapplicable clauses in the
spirit that prevailed upon formation of the contract between them.</p>
<p> </p>
<p>
<b>5.  .
</b>
<b>CREATION
OF AN ACCOUNT </b>
</p>
<p> </p>
<p>Upon submitting a
request for the opening of an Account, Users must fill in a registration form
and must choose a set of Identifiers.
</p>
<p> </p>
<p>The Users
specifically undertake not to create fake identities to deceive third parties
and not to steal the identity of another person.
The Users undertake to immediately
update the data that they shall have disclosed initially, in case of a change
in their circumstances.</p>
<p> </p>
<p>It is the
responsibility of the Users who are registered to keep their Identifiers
confidential.
Pearltrees hereby disclaims liability for any loss or damage
arising from the demonstrated negligence of any Users in protecting their
connection Identifiers and/or the personal data linked to their accounts.</p>
<p> </p>
<p>The Users shall
moreover be responsible for any use of their Identifiers, for instance if they
pre-record their Identifiers on their computer, smartphone or any other type of
terminal, to enable automatic connection to the Account.</p>
<p> </p>
<p>Any access to the
Platform and to the Account, any use of the Service or in general any data
transmission performed using a User’s Identifiers, shall be deemed to have been
performed by that User.
The Users must ensure that they disconnect effectively
from the Account at the end of each session, particularly when accessing the
Service from a public computer.</p>
<p> </p>
<p>
<b>6.  .
</b>
<b>PREMIUM
ACCOUNT</b>
</p>
<p> </p>
<p>Registration to
access the Service is free for the User.
However, the User can subscribe to a
"premium" offer giving access to additional services among the
various subscription offers presented on the Platform.</p>
<p> </p>
<p>Registered Users
can purchase a subscription to a premium offer via their Account by credit card
or Paypal.</p>
<p> </p>
<p>Prices are
displayed in Euros (all taxes included).
The acquisition of a subscription is
almost simultaneous from the validation of the transaction by credit card or by
direct debit.
In case of rejection of a payment, the subscription is suspended
until the situation is regularized.
The User will be informed of the suspension
of his subscription.</p>
<p> </p>
<p>If the User
decides to subscribe to a higher premium offer during the subscription, the
subscription renewal date will be reset and billing for the first month or year
of the new service level will be calculated according to its past and new
subscription.
</p>
<p> </p>
<p>The User may
terminate the premium subscription at any time from the "Settings"
page of his Account.
The taking into account of the cancellation will be
effective at the end of the current subscription period.</p>
<p> </p>
<p>Termination does
not result in any refund of the premium subscription price unless otherwise
specified by Pearltrees.
All the sums paid under the subscription will be
permanently vested in Pearltrees.
The Premium Service is accessible to the User
until the termination of his subscription according to its duration (month,
year).</p>
<p> </p>
<p>In accordance with
articles L.121-18 and following of the Consumer Code, the User has a period of
14 days from the subscription of its premium plan to exercise his right of
withdrawal from Pearltrees, without having to justify reasons or to pay a
penalty.</p>
<p> </p>
<p>To exercise his
right of withdrawal, the User must notify his decision of withdrawal by means
of a declaration without ambiguity, without justifying reasons.
The User may
communicate his decision of withdrawal to Pearltrees by any means, in
particular by sending an email to Pearltrees at the following address: premium@pearltrees.com.
The
user can also use the withdrawal form reproduced at the end of these T&C’s
to communicate his decision to withdraw.
</p>
<p> </p>
<p>In the event of
withdrawal, the refund is made by Pearltrees by the same means of payment as
that used for the initial transaction, unless the User expressly agrees to a
different means.
The refund is made as soon as possible, and at the latest 14
days from the day Pearltrees is informed of the decision of the User to
withdraw from his subscription.</p>
<p> </p>
<p>
<b>7.  .
</b>
<b>THE
USERS’ OBLIGATIONS</b>
</p>
<p> </p>
<p>The Users
undertake to comply with the terms of these T&Cs and to use the Service in
accordance with their provisions.
</p>
<p> </p>
<p>
<b>7.1.  .
</b>
<b>General
use of the Service</b>
</p>
<p> </p>
<p>As part of their
use of the Service, Users must not: </p>
<p> </p>
<p>-  .
Open
more than one User account or open an account usurping the identity of a third
party,</p>
<p> </p>
<p>-  .
Use
the Service to disseminate inappropriate content (content that is illegal,
defamatory, insulting, racist, runs counter to human dignity, or any other
content that may incur civil or criminal liability),</p>
<p> </p>
<p>-  .
Use
the Service for fraudulent or illegal purposes.</p>
<p> </p>
<p>
<b>7.2.  .
</b>
<b>Rules
applicable to the content aggregated within the Collections </b>
</p>
<p> </p>
<p>Users may freely
choose to aggregate any content into any Collection that is published in the
Account.
</p>
<p> </p>
<p>Users must however
check the content that they choose to make available and must not publish a
Collection that aggregates content:</p>
<p>-  .
That
can be construed as an apology for crimes against humanity or war crimes;</p>
<p>-  .
That
violates the respect and dignity of human beings, the protection of children
and teenagers, e.g.
violent, child abuse messages;</p>
<p>-  .
That
runs counter to the public interest or to public morals;</p>
<p>-  .
That
is threatening, insulting, constitutes harassment, is defamatory or harmful;</p>
<p>-  .
That
constitutes an infringement of intellectual property rights, an act of unfair
competition or a parasitic trade practice;</p>
<p>-  .
That
causes or incites discrimination, hatred or violence on account of people’s
origin, gender, state of health, political or union affiliation;</p>
<p>-  .
That
violates people’s privacy;</p>
<p>-  .
That
encourages people to commit crimes, misdemeanours or acts of terrorism;</p>
<p>-  .
That
violates the secrecy of private correspondence;</p>
<p>-  .
That
provides access to computer viruses or any other code or program designed to
interrupt, destroy or limit the functionality of any software application,
computer or telecommunication tool, this list not being exhaustive;</p>
<p>-  .
That
enables a third party to directly or indirectly procure pirated software,
software applications used to commit acts of piracy and intrusions into
computer and telecommunication systems, and in general any software or other
tool that can be used to infringe the rights of others and the security of
people and property.</p>
<p> </p>
<p>The Users
acknowledge and agree that they shall be fully and solely responsible for the
content and the consequences of its aggregation and dissemination as part of
their Collections.
The Users hereby declare that they hold all the requisite
elements (rights, licenses, consents and/or permits) to enable them to disclose
their content.
Conversely, the Users undertake not to publish any content
comprising elements that they are not legally authorised to hold.</p>
<p> </p>
<p>The Users may be
held liable for any content that infringes the rights of other persons or the
applicable laws, including the rules governing the rights over a person’s image
and the intellectual property rights over any shared content.</p>
<p> </p>
<p>
<b>8.  .
</b>
<b>RESCISSION
AND SUPENSION </b>
</p>
<p> </p>
<p>If, for any given
reason, Pearltrees considers that a User is not complying with these T&Cs,
including the obligations that are listed above, Pearltrees may at any point in
time, and at its entire discretion, eliminate or suspend the User’s account and
take all requisite legal measures against that User, bearing in mind that no
decision shall be taken without first informing the User, giving a reasonable
period of notice to remedy the violation, save in case of gross misconduct by
the User.</p>
<p> </p>
<p>Pearltrees shall
be entitled to retain evidence of the violations that are witnessed by
archiving them with a third party service provider for as long as is necessary
to resolve the dispute.</p>
<p> </p>
<p>Should Pearltrees
be compelled to irrevocably terminate the provision of the Service, the Users
shall be informed beforehand by any means within a reasonable timescale in
order to enable them to organise the transmission and portability of their data
and content towards another medium.</p>
<p> </p>
<p>Users may close
their accounts from their profile at any point in time.
All the data linked to
their accounts shall then be eliminated unless the User request the portability
of its data.
</p>
<p> </p>
<p>
<b>9.  .
</b>
<b>LIABILITY</b>
</p>
<p> </p>
<p>Pearltrees shall
be liable to Users for the proper performance of the obligations arising from
these T&Cs.
</p>
<p> </p>
<p>Pearltrees shall
not be liable for any failure to perform these T&Cs that may be blamed on
the User, a third party to this contract, or any event that is beyond its
control and that cannot be reasonably foreseen.
</p>
<p> </p>
<p>In its capacity as
a mere service provider, Pearltrees hereby disclaims liability for any
information, messages and publications disclosed by the Users in the Account
and for the Collections published by the Users, such as on account of the
content aggregated within these Collections.
</p>
<p> </p>
<p>Pearltrees shall
do everything in its power to guarantee uninterrupted access to the Platform
and to the Account and continuous provision of the Service but may not under
any circumstance bear liability if, due to any unavailability linked to
maintenance operations or to a failure of the Internet network or any other
reason beyond its control or force majeure, a User cannot temporarily access
the Platform and/or the Account.
</p>
<p> </p>
<p>Similarly,
although Pearltrees does everything possible to ensure the security of the information
and data stored on its Platform, it cannot guarantee the lack of any risk of
intrusions, data piracy or contamination by computer viruses pursuant to using
the Platform.
It is therefore up to the Users to take all the necessary
precautions for ensuring the security of their data and the protection of their
computer systems against contamination by viruses or other forms of attacks
that may occur upon the use of the Platform.
</p>
<p> </p>
<p>
<b>10.  .
</b>
<b>REPORTING
UNLAWFUL CONTENT </b>
</p>
<p> </p>
<p>In its capacity as
the host as per France’s law no.
2004-575 of 21 June 2004 for promoting trust
in the digital economy (“LCEN”), Pearltrees must withdraw any content that is
clearly unlawful and that is notified to it in keeping with the formalities
laid down by article 6-1-5 LCEN.</p>
<p> </p>
<p>Should Users detect
any clearly unlawful content while browsing the Account, they should report the
content to Pearltrees by sending a notification to legal@pearltreees.com </p>
<p> </p>
<p>Pearltrees
undertakes to promptly de-reference the content that is reported, if it is
clearly illicit and the alert notification comprises the following elements:</p>
<p> </p>
<p>-  .
The
date of the notification;</p>
<p>-  .
If
the notifying party is a natural person: their first names, family name,
profession, domicile, nationality, date and place of birth.
if the notifying
party is a legal person: its form of incorporation, company name, registered
headquarters and the body that represents it legally;</p>
<p>-  .
The
names and domicile of the recipient, or in the case of a legal person, its name
and registered address;</p>
<p>-  .
A
description of the contentious facts and their precise location;</p>
<p>-  .
The
reasons for which the content must be withdrawn, comprising a statement of the
relevant legal provisions and evidence of the facts;</p>
<p>-  .
A
copy of the letter or message sent to the author of the contentious information
or activities, requesting them to cease and desist, withdraw them or modify
them, or evidence of the fact that the author could not be contacted.</p>
<p>
<b> </b>
</p>
<p>
<b>11.  .
</b>
<b>INTELLECTUAL
PROPERTY</b>
</p>
<p>
<b> </b>
</p>
<p>
<b>11.1.  .
</b>
<b>Intellectual
property rights over the Platform </b>
</p>
<p> </p>
<p>Pearltrees shall
retain exclusive ownership of all the elements comprising the Platform that are
protected by Intellectual Property Rights (including all computer code, design
elements, functionalities, photographs, logos and any content that is made
available to the Users directly by Pearltrees).
</p>
<p> </p>
<p>Any extraction,
reproduction, showing, adaptation, modification, translation, transformation,
broadcasting, integration into other elements, de-compilation, commercial use
of all or part of the elements of the Platform and/or of the Account, as well
as of the data and databases that may be gathered and processed by the Platform
and/or the Account, shall be strictly prohibited.
</p>
<p> </p>
<p>Subject to
compliance with these T&Cs, Pearltrees also grants the Users a right to
access and to use the Platform and the Account and the elements reproduced for
their personal, non-commercial use and for purposes in keeping with the normal
purpose of the Service, for duration of its subscription to the Service.
</p>
<p> </p>
<p>The “Pearltrees”
name and trademark, the logos, the drawings and models, stylised letters,
figurative trademarks, and all the signs shown on the Platform are and shall
remain the exclusive property of Pearltrees.
The Users may not use the company
names, trademarks and distinctive signs belonging to Pearltrees save with its
prior, express consent.
</p>
<p> </p>
<p>
<b>11.2.  .
</b>
<b>Intellectual
property rights over the content of the Collections </b>
</p>
<p>
<b> </b>
</p>
<p>Given that
Pearltrees does not check the content that is aggregated and shared in the
Collections, the Users shall be fully responsible for the Collections that are
published in the Account.
</p>
<p> </p>
<p>The Users hereby
undertake to ensure that any third party content that is aggregated in the
Collections that they publish in the Account shall not infringe the rights of
any third parties, such as their intellectual property rights, and that they
shall be entitled to reproduce them and/or to disseminate them to members of
the public over the Internet, unless this content is royalty-free.</p>
<p> </p>
<p>The Users
therefore guarantee Pearltrees against any challenges, claims of ownership and
legal or extrajudicial actions concerning the abovementioned content and
undertake to compensate Pearltrees in full for any costs and losses that it may
incur as a result.
</p>
<p> </p>
<p>When they publish
a Collection in the Account, the Users grant Pearltrees a non-exclusive right
to use this Collection free of charge, enabling Pearltrees to use, to
communicate to members of the public, to reproduce, to adapt, to modify, to
transmit and to disseminate this Collection on any medium, worldwide, for the
legal duration of the protection of the intellectual property rights.
</p>
<p> </p>
<p>
<b>12.  .
</b>
<b>DATA
PROTECTION</b>
</p>
<p> </p>
<p>The Users are
hereby informed that Pearltrees process their personal data.
</p>
<p> </p>
<p>The processing of
personal data and the management of cookies by Pearltrees are more extensively
described in its privacy policy.
</p>
<p> </p>
<p>In accordance with
France’s data protection law of 6 January 1978, as subsequently modified, Users
have a right to object to, to access, rectify, port and request the erasure of
their personal data, as well as a right to oppose its processing on legitimate
grounds, by contacting the School of the Account or Pearltrees: </p>
<p> </p>
<p>-  .
by
sending a letter by post to Pearltrees, 131 boulevard de Sébastopol, 75002
Paris, France,</p>
<p>-  .
or
by sending an e-mail to privacy@pearltrees.com.</p>
<p> </p>
<p>
<b>13.  .
</b>
<b>THIRD
PARTY SITES</b>
</p>
<p> </p>
<p>The Platform and
the Account may comprise hypertext links pointing to third party sites.
The
links pointing to these third party sites do not imply any approval of these
third party sites by Pearltrees.
Pearltrees has no control over the
information, products and/or services proposed by third parties on the
abovementioned sites, and hereby disclaims any liability in this respect.</p>
<p> </p>
<p>Pearltrees
moreover hereby disclaims liability for any hypertext links that the Users may
choose to aggregate into the Collections that they publish in the Account,
whether these links are simple or embedded links.
In this respect, Users must
perform the requisite checks in order to ensure that their hypertext links do
not point to Platforms or content that are illegal or that violate the rights
of third parties.
</p>
<p> </p>
<p>Pearltrees finally
disclaims liability for any gathering and transmission of personal data,
insertions of cookies or any other process intended for the same purposes, by
these third party sites.
</p>
<p> </p>
<p>
<b>14.  .
</b>
<b>PEARLTREES EXTENSION</b>
</p>
<p> </p>
<p>When registering
on the Platform, the User will be able to add a Pearltrees Internet extension
on their internet browser.</p>
<p> </p>
<p>The addition of
these extensions is subject to compliance with and acceptance by the User of
the provisions applicable to the GNU GPL Free Software License Version 3 (GNU
GPL 3) available at the following address: http: //www.gnu .org / licenses /
gpl.txt</p>
<p> </p>
<p>
<b>15.  .
</b>
<b>applicable law and settlement of disputes</b>
</p>
<p> </p>
<p>These T&Cs are
governed by French law.
</p>
<p> </p>
<p>The rules of
conflict of laws shall not apply and French law alone shall apply to the
relationship between the Parties, without any reservations, unless the
applicable public interest provisions of the country of residence of a User
require the application of other rules, and these provisions cannot be set
aside by contract.
</p>
<p> </p>
<p>In the event of a
dispute, the Users may resort to contractual mediation or any other alternative
mode of settlement of disputes.
The User can seize the consumer ombudsman
designated by Pearltrees by accessing the following address: www.medicys.com.
The European Commission publishes an online settlement of disputes platform to
which the Users may refer, that is accessible here: http://ec.europa.eu/consumers/odr/.
</p>
<p> </p>
<p>Should the Parties
fail to reach an amicable settlement or a settlement through mediation, their
dispute shall be brought before the courts of Paris, France, which shall have
non-exclusive jurisdiction.
This clause may not however prevent the Users,
acting in their capacity as consumers, from vindicating their rights before any
court that has territorial jurisdiction under the civil procedure rules that
are applicable or before the courts of the place where they resided at the time
of the signature of this contract.</p>
<p> </p>
<p>
<b>MODEL WITHDRAWAL
FORM</b>
</p>
<p> </p>
<p>This
form must be completed and returned only if the User withdraws his subscription
subscribed on the site http://www.pearltrees.com.</p>
<p> </p>
<p>For
the attention of Broceliand, 131 Boulevard Sébastopol, 75002 Paris France, I
hereby give notice of the withdrawal of the contract for the order for the
provision of services below:</p>
<p> </p>
<p>Order
from ....
/ ....
/ ........
(date)</p>
<p> </p>
<p>Order
number:
...............................................................................</p>
<p> </p>
<p>Client
name :</p>
<p>:
................................................................................................................................................................................</p>
<p> </p>
<p>Customer's
address:</p>
<p>........................................................................................................................................................................................................................................................................................................................................................</p>
<p>........................................................................................................................................................................................................................................................................................................................................................</p>
<p> </p>
<p> </p>
<p>Customer
signature </p>
<p> </p>
<p> </p>
<p>
<b> </b>
</p>
<p> </p>