Terms of Service
Before you begin using Paperblog, you must read and agree to these Paperblog Terms of Service (“Terms of Service”) and the following terms and conditions and policies, including any future amendments (collectively, the “Agreement”):
Paperblog Content Policy - How we encourage responsible publishing
1. About the Paperblog Service
The Paperblog is an interactive service that organizes, contextualizes and enhances the blog and other content published on the Internet (the “Paperblog Service”). The Paperblog Service is offered by the Company PAPERBLOG, SAS, which is registered at the Trade and Company Register in Paris under n° 491 575 973 (VAT n° FR71491575973) and whose Head Office is located at Le Dôme 32, Boulevard de Vaugirard, 75015 Paris.
You will be responsible for all activities occurring under your username and for keeping your password secure. You understand and agree that the Service is provided to you on an AS IS and AS AVAILABLE basis. Paperblog disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Paperblog Service or any other client software. Paperblog also reserves the right to modify, suspend or discontinue the Paperblog Service with or without notice at any time and without any liability to you.
You must be at least thirteen (13) years of age to use the Paperblog Service. Paperblog reserves the right to refuse service to anyone at any time without notice for any reason.
2. Accepting the Terms
In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms. You can accept the Terms by actually using the Paperblog Service. In this case, you understand and agree that Paperblog will treat your use of the Paperblog Service as acceptance of the Paperblog Terms of Service from that point onwards. You may not use the Paperblog Service and may not accept the Terms if (a) you are not of legal age to form a binding contract with Paperblog, or (b) you are a person barred from receiving or otherwise using the Paperblog Service under the laws of the United States or other country, including the country in which you are resident or from which you use the Paperblog Service.
3. Registration, Paperblog Subscription Notice and Link to Paperblog
Registration, Paperblog Subscription Notice and Link to Paperblog. To share Content with other users of the Paperblog Service, you must first register by providing all of the requested information. You must also install on your native site (a) a notice that you are a subscriber to Paperblog or (b) a code from the Paperblog Service, which will be sent to you at the moment of subscription.
You agree that you are responsible for your own use of the Paperblog Service, for any posts (including ratings and comments) you make, and for any consequences thereof. You agree that you will use the Paperblog Service in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence and all United States export control laws.
You agree to abide by the Paperblog Content Policy and the rules and restrictions therein. Although we may attempt to notify you when major changes are made to the Paperblog Content Policy , you should periodically review the most up-to-date version. Paperblog may, in its sole discretion, modify or revise the Paperblog Content Policy at any time, and you agree to be bound by such modifications or revisions.
Violation of any of the foregoing, including the Paperblog Content Policy , may result in immediate termination of this Agreement, and may subject you to state and federal penalties and other legal consequences. Paperblog reserves the right, but shall have no obligation, to investigate your use of the Paperblog Service in order to (a) determine whether a violation of the Agreement has occurred or (b) comply with any applicable law, regulation, legal process or governmental request.
Much of the content disseminated by Paperblog (including the contents of specific postings) is provided by and is the responsibility of the person or people who made such postings. Paperblog does not monitor the all of the content disseminated by the Paperblog Service and takes no responsibility for such content. Instead, Paperblog merely provides access to such content as a service to you.
By its nature, the Paperblog Service may disseminate content that you consider to be offensive, harmful, inaccurate or otherwise inappropriate material, or in some cases, postings that have been mislabeled or that you consider to be otherwise deceptive. We expect you to use caution and common sense and exercise proper judgment when using the Paperblog Service.
Paperblog does not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any communications posted via the Service or endorse any opinions expressed via the Service. You acknowledge that any reliance on material posted via the Service will be at your own risk.
You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Paperblog Service. Accordingly, you agree that you will be solely responsible for all activities that occur under your account.
6. General Practices Regarding Use and Storage
You agree that Paperblog has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Paperblog Service. Paperblog retains the right to create limits on use and storage at our sole discretion at any time with or without notice.
7. Content of the Paperblog Service
Paperblog takes no responsibility for third-party content (including, without limitation, any viruses or other disabling features), nor does Paperblog have any obligation to monitor such third-party content. Paperblog reserves the right at all times to remove or refuse to distribute any content on the Paperblog Service, such as content that violates the terms of this Agreement. Paperblog also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce this Agreement, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect the rights, property or safety of Paperblog, its users and the public. Paperblog will not be responsible or liable for the exercise or non-exercise of its rights under this Agreement.
8. Intellectual Property Rights
Paperblog’s Intellectual Property Rights. You acknowledge that Paperblog owns all right, title and interest in and to the Paperblog Service, including all intellectual property rights (the “Paperblog Rights”). Paperblog Rights are protected by U.S. and international intellectual property laws. Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works from the Paperblog Service. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Paperblog Service. As described immediately below, Paperblog Rights do not include third-party content used as part of the Paperblog Service, including the content of communications appearing on the Service.
Your Intellectual Property Rights. Paperblog claims no ownership or control over any Content submitted, posted or displayed by you on or through Paperblog services. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any Content you submit, post or display on or through Paperblog services and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying Content on or through Paperblog services which are intended to be available to the members of the public, you grant Paperblog a worldwide, non-exclusive, royalty-free license to reproduce, publish and distribute such Content on Paperblog services for the purpose of displaying and distributing Paperblog services and to make derivative works of the Content. Paperblog furthermore reserves the right to refuse to accept, post, display or transmit any Content in its sole discretion.
You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content submitted.
9. No Resale of the Service
Unless expressly authorized in writing by Paperblog, you agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes (a) any portion of the Paperblog Service, (b) use of the Paperblog Service, or© access to the Paperblog Service.
10. Representations and Warranties
You represent and warrant that (a) all of the information provided by you to Paperblog to participate in the Paperblog Service is correct and current; and (b) you have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you hereunder.
11. Termination; Suspension
Paperblog may, in its sole discretion, at any time and for any reason, terminate the Paperblog Service, terminate this Agreement, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to your account or any files or other content contained in your account although residual copies of information may remain in our system for some time for back-up purposes. Sections 2, 3, 5 – 8, and 10 – 14 of the Agreement shall survive expiration or termination.
You agree to hold harmless and indemnify Paperblog, and its subsidiaries, affiliates, officers, agents, and employees from and against any third-party claim arising from or in any way related to your use of the Paperblog Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. In such a case, Paperblog will provide you with written notice of such claim, suit or action.
13. Entire Agreement
This Agreement constitutes the entire agreement between you and Paperblog and governs your use of the Paperblog Service, superseding any prior agreements between you and Paperblog. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Paperblog services, affiliate services, third-party content or third-party software.
14. Waiver and Severability of Terms
The failure of Paperblog to exercise or enforce any right or provision of the Paperblog Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Paperblog Terms of Service 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 Paperblog Terms of Service remain in full force and effect.
15. Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising of or related to use of Paperblog services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
16. Choice of Law; Jurisdiction; Forum
These Paperblog Terms of Service will be governed by and construed in accordance with the laws France, without giving effect to its conflict of laws provisions or your actual state or country of residence. Any claims, legal proceeding or litigation arising in connection with the Service will be brought solely before the Tribunes of Paris, France and you consent to the jurisdiction of such courts.
17. Copyright Information
It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. If you believe that your copyright has been infringed on the Service, please refer to http://en.paperblog.com/page/terms-of-service/dmca for information on how to file or respond to a notice of infringement.
18. EXCLUSION OF WARRANTIES
NOTHING IN THESE TERMS, INCLUDING SECTIONS 14 AND 15, SHALL EXCLUDE OR LIMIT PAPERBLOG’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE PAPERBLOG SERVICES IS AT YOUR SOLE RISK AND THAT THE PAPERBLOG SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.”
IN PARTICULAR, PAPERBLOG, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
(A) YOUR USE OF THE PAPERBLOG SERVICE WILL MEET YOUR REQUIREMENTS,
(B) YOUR USE OF THE PAPERBLOG SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
(C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE PAPERBLOG SERVICE WILL BE ACCURATE OR RELIABLE, AND
(D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE PAPERBLOG SERVICE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PAPERBLOG SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PAPERBLOG OR THROUGH OR FROM THE PAPERBLOG SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
PAPERBLOG FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
19. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT PAPERBLOG, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
(I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS OR MAY APPEAR ON THE PAPERBLOG SERVICE IN THE FUTURE;
(II) ANY CHANGES WHICH PAPERBLOG MAY MAKE TO THE PAPERBLOG SERVICE, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE PAPERBLOG SERVICE OR ANY FEATURE OR FEATURES WITHIN THE PAPERBLOG SERVICE);
(III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE PAPERBLOG SERVICE;
(IV) YOUR FAILURE TO PROVIDE PAPERBLOG WITH ACCURATE ACCOUNT INFORMATION; AND
(V) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.
THE LIMITATIONS ON PAPERBLOG’S LIABILITY TO YOU SET FORTH IN THIS SECTION PARAGRAPH SHALL APPLY WHETHER OR NOT PAPERBLOG HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
20. Conformance with other laws
You agree to use the Paperblog Service in accordance with Law no. 2004-575 of 21 June 2004, Confiance dans l’Economie Numérique (“LCEN”) and article L 121-1 of the Code of Intellectual Property.