Conditions Générales d’Utilisation <p>
<b>General Terms of Use </b>
</p>
<p>
<b>-</b>
</p>
<p>
<b>PEARLTREES ENTEPRISE</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>School”</b>: </p>
<p> </p>
<p>Shall mean the legal entity that has subscribed to the Service offered by Pearltrees and that provides access to the Platform to its Users.</p>
<p> </p>
<p>
<b>“Account</b>”:</p>
<p>Shall mean the part of the Platform that is accessible to the Users, managed by the School and hosted by Pearltrees.</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.
The Identifiers may be chosen directly by the Users or may be provided to the Users by the School.</p>
<p> </p>
<p>“<b>Parties</b>”:</p>
<p>Shall mean Pearltrees, the School and the Users of the Service.</p>
<p> </p>
<p>“<b>User”</b>:</p>
<p>Shall mean any person, including a minor, 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 School to create an educational and collaborative working space on 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 the School and the Users to the Service
“Pearltrees Education”.
</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>The School represents and warrants that its Users shall comply with the
provisions of these T&Cs.
</p>
<p> </p>
<p>Acceptances of these T&Cs by Users implies that they have the full
legal capacity or that these T&Cs have been accepted on their behalf by a
guardian or tutor if they do not have legal capacity or are minors.
In this
respect, the School hereby declares that it has all the requisite legal
authorisations to enable Users who are minors to access the Account and use the
Service.
</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>Access to the Service is subject to the acquisition of a paid licence by
the School allowing Users to create an Account on the Platform.</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.
Users may also
interface with an account already created with the School, such as via a
digital workspace (ENT), in order to be able to connect to the Account on the
Platform.
</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>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>The School represents and warrants that its Users shall comply with the
provisions of these T&Cs when they use the Services.
</p>
<p> </p>
<p>
<b>6.1. .
</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, pornographic or runs counter to human dignity, or any other
content that may cause its School to incur civil or criminal liability),</p>
<p> </p>
<p>-  .
Use the Service for
fraudulent or illegal purposes.</p>
<p> </p>
<p>
<b>6.2. .
</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, pornographic or
paedophile 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>7.  .
</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 School and the User, giving them 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 (except the students of the School) 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>8.  .
</b>
<b>LIABILITY</b>
</p>
<p> </p>
<p>Pearltrees shall be liable to the School and the 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 School, a 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>9.  .
</b>
<b>REPORTING
INAPPROPRIATE CONTENT </b>
</p>
<p>
<b> </b>
</p>
<p>
<b>9.1. .
</b>
<b>Content that is
not authorised by the School</b>
</p>
<p>
<b> </b>
</p>
<p>The information that is provided to the Users and the Collections
published in the Account are intended for purely educative and informative
purposes.
</p>
<p> </p>
<p>To this end, Pearltrees has set up within the Service a blacklist of
results intended to filter the search for content via the search engine
accessible from the Account, in particular violent content and explicit sexual
content.
</p>
<p> </p>
<p>Should any content that is supposed to be excluded appear in the list of
the results that are proposed to the Users, the User and/or the School may
report that content by sending an e-mail to education@pearltrees.com.
</p>
<p> </p>
<p>Pearltrees undertakes to promptly de-reference any content that is
reported if it would seem that this alert is justified by the nature of the
content.
</p>
<p>
<b> </b>
</p>
<p>
<b>9.2. .
</b>
<b>Clearly 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 contact the School first of all, but may also 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 or
the School 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 or the School could not be contacted.</p>
<p>
<b> </b>
</p>
<p>
<b>10. .
</b>
<b>INTELLECTUAL
PROPERTY</b>
</p>
<p>
<b> </b>
</p>
<p>
<b>10.1.  .
</b>
<b> Intellectual
property rights over the Platform and the Account</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>10.2.  .
</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>11. .
</b>
<b>DATA PROTECTION</b>
</p>
<p> </p>
<p>The Users are hereby informed that Pearltrees process their personal
data on behalf of the School.
</p>
<p> </p>
<p>In its capacity as data controller, as per the meaning of this term in
the applicable data protection rules and regulations, the School shall also be
liable for the processing of the Users’ personal data.
Pearltrees acts as the
data processor of the School within the meaning of data protection laws.</p>
<p> </p>
<p>The processing of personal data and the management of cookies by
Pearltrees are more extensively described in its privacy
policy.
Pearltrees’ privacy
policy however cannot replace the information that must be provided to the
Users by the School in its capacity of data controller about its own data
protection 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>12. .
</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>13. .
</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> </p>
<p> </p>
<p> </p>
<p> </p>
<p> </p>
<p>
<b> </b>
</p>
<p> </p>