Terms of Service
Welcome to Calendae. Calendae provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: http://www.calendae.com/en/mentions.aspx.
In the whole TOS, "Calendae" will be used from all services provided by the web site http://www.calendae.com.
Calendae currently provides users with access to services, including manage a calendar and an address book on the web site (The "Service").
You also understand and agree that the service may include certain communications from Calendae, such as service announcements, administrative messages and the Calendae Newsletter, and that these communications are considered part of Calendae membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Calendae properties, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that Calendae assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any data or personalization settings.
You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
The registration to Calendae must be done on the web site www.calendae.com. So you need a computer with an Internet access to register. Your registration implies that you accept this TOS. We'll receive an e-mail to confirm your registration. You understand that you have to check regularly your emails. All communications from Calendae to you is supposed to be read at the date the email has been sent.
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Calendae has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Calendae has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
You will receive an account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Calendae of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session.
Calendae cannot and will not be liable for any loss of data or damage, neither their consequences, arising to you or to any other third party.
This policy covers how Calendae treats personal information that Calendae collects and receives, including information related to your past use of Calendae services. Personal information is information about you that is personally identifiable like your name, email address, phone number, or each data associated with your account.
Calendae collects personal information when you register with Calendae, and when you use Calendae services. Also Calendae automatically receives and records information on our server logs from your browser, including your IP address, Calendae cookie information, and the page you request.
Calendae uses information for the following general purposes: to customize the content you see, fulfil your requests for our services, improve our services, contact you, conduct research, and provide anonymous reporting for our internal use.
Calendae does not rent, sell, or share personal information about you with other people or non-affiliated companies except to provide services you've requested, when we have your permission, or under the following circumstances :
Calendae may set and access Calendae cookies on your computer. A cookie is a small amount of data, which often includes an anonymous unique identifier that is sent to your browser from a web site's computers and stored on your computer's hard drive. Each web site can send its own cookie to your browser if your browser's preferences allow it, but (to protect your privacy) your browser only permits a web site to access the cookies it has already sent to you, not the cookies sent to you by other sites. You can configure your browser to accept all cookies, reject all cookies, or notify you when a cookie is set. (Each browser is different, so check the "Help" menu of your browser to learn how to change your cookie preferences.) If you reject all cookies, you will not be able to use Calendae.
The duration of your agreement since your subscription is one (1) year. You acknowledge that at the end of your subscription period, Calendae reserves the right to remove your account, including your personal data, if you haven't subscribed again during one (1) month after the end of your subscription period.
Payments of Calendae's services are managed by our bank. You can pay either by credit card on-line, either by check to SARL AD VITAM, send at the postal address at the section ADDRESS below.
If you need a bill, feel free to ask us by email after your payment and Calendae will send it to you by email.
If your payment did not succeed, Calendae could terminate your agreement without any warning and without any compensation.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Calendae, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. Calendae does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Calendae be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You acknowledge that Calendae does not pre-screen Content, but that Calendae shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, Calendae shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Calendae or submitted to Calendae.
You acknowledge and agree that Calendae may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:
You understand that the technical processing and transmission of the Service, including your Content, may involve :
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
You acknowledge that Calendae may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on Calendae's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that Calendae has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that Calendae reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Calendae reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Calendae reserves the right at any time and from time to time to modify or discontinue, temporarily, the Service (or any part thereof) with or without notice. You agree that Calendae shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that Calendae, in its sole discretion, may terminate your account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if Calendae believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Calendae may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that Calendae may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Calendae shall not be liable to you or any third-party for any termination of your access to the Service.
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Calendae or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
Calendae grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Calendae for use in accessing the Service.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT :
YOU EXPRESSLY UNDERSTAND AND AGREE THAT CALENDAE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CALENDAE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
IF THE LIABILITY OF CALENDAE IS DEMONTRATE FOR ANY DAMAGE, THE CALENDAE'S REPAIRS FOR ALL THE DAMAGES WILL BE LIMITED TO THE AMOUNT OF A ONE-YEAR SUBSCRIPTION.
Notices to you may be made via email. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service.
The TOS constitute the entire agreement between you and Calendae and govern your use of the Service, superceding any prior agreements between you and Calendae. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOS and the relationship between you and Calendae shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Calendae agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California. The failure of Calendae to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The TOS and the relationship between Calendae and the users will be managed by the French law and every claim without any issue will be adjudicate by the French law court in Paris.
AD VITAM SARL
207 Allee du clos des chaumonieres
E-mail : firstname.lastname@example.org
SIREN 434 348 363 - RCS ORLEANS