MINIMACY IT-BOOK - TERMS OF USE
1. Purpose
1.1. These terms of use (the “Terms of Use”) are entered into by Ambermind, a French société par actions simplifiée, registered with the Registre du Commerce et des Sociétés of Paris under number 450 043 641, with a share capital of 7 500 euros, whose registered office is at 1, rue de Stockholm, 75008 – Paris, FRANCE, VAT number:FR60450043641, email address: contact@ambermind.com (“Ambermind”) and the natural person (the “User”) who uses the IT-Book on the Minimacy website available at https://minimacy.net (the “Website”).
1.2. The purpose of these Terms of Use is to set forth the terms and conditions governing the provision by Ambermind and the use by the User of the IT-Book(the “IT-Book”).
1.3. User must accept the Terms of Use before using the IT-Book. If User is not willing to be bound by these Terms of Use, User shall not use the IT-Book.
1.4. User represents and warrants that he or she is at least 18 years old and that he or she has the legal right to accept the Terms of Use. Where User is under 18 years old, User must use the IT-Book under the responsibility and with the consent of one or more of the following persons who agree to be bound by the Terms of Use: (i) his or her parents or (ii) his or her legal representatives or guardians or (iii) any person responsible for such User.
1.5. The Terms of Use are available at any time on the Website where they can be printed, downloaded and saved.
2. Use of the IT-Book
In order to use the IT-Book, User must have access to the Internet. The costs and fees to access the Internet are to be borne by User. User must also have the hardware devices required to access the Internet.
3. Registration
The IT-Book may be accessed by User pursuant to the following options:
(i) Unregistered User (the “Unregistered User”), requiring no registration on the Website. Unregistered Users have limited access to the IT-Book as set out in article 4 below;
(ii) Registered User (the “Registered User”), requiring registration on the Website, leading to the creation of an account. Registered Users can have access to enhanced functionalities as set out in article 4 below.
4. Description of the IT-Book
4.1. The IT-Book is provided through the Website.
4.2. Registered Users can react and ask questions on the It-Book by clicking on the icons next to the corresponding line (the “Reaction”). Ambermind may respond to the Reaction or contact the Registered User by email for clarifications.
4.3. Registered Users have access to a user account allowing them to change their alias and view their Reactions asked on the It-Book.
4.4. Unregistered Users have access to the It-Book on a read-only basis but cannot react on the It-Book.
4.5. For more details on how to use the It-Book, please refer to the article “How to use the It-Book” on the Website.
5. Duration
User can use the IT-Book for an unlimited duration until (i) the User stops using the IT-Book or (ii) Ambermind ceases to provide the IT-Book.
6. Registration, account, password
6.1. In order to access the IT-Book as a Registered User, User must provide his or her email address on the registration form.
User will then receive an e-mail containing a password sent to the e-mail address he or she provided with a password.
All information provided by User shall be accurate and correct and shall be promptly updated by User in case of modification of all or part of such information.
6.2. User is responsible for maintaining the confidentiality of his or her password and account and is fully responsible for all activities that occur under his or her password or account as a result of User’s negligence.
User shall immediately notify Ambermind of any unauthorized use of his or her password or account or any other breach of security.
6.3. Ambermind shall not be liable for any loss or damage arising from User’s failure to comply with his or her obligation to maintain his or her security and privacy.
7. User obligations
When making a Reaction or otherwise transmitting or submitting content to Ambermind (“User Content” or “Content”), User warrants Ambermind that he or she has all rights and authorization for the use of the Contents and for their communication to Ambermind. As a consequence, User is entirely responsible for the Contents and warrants that any and all Contents shall be in strict compliance with these Terms of Use, and all and any applicable laws and regulations.
7.1. Prohibited Conduct
7.1.1. User must comply with all applicable laws, rules and regulations and shall not transmit via the IT-Book or otherwise communicate to Ambermind Contents that in substance would be illegal or reprehensible. In particular User shall not, without limitation:
(i) forge or otherwise manipulate, in any way or manner, logins or headers of messages in such a way as to hide the origin of the Contents;
(ii) make Reactions or otherwise send or submit to Ambermind any Content or message that in substance would infringe patent, trademark, trade secret, copyright or any other proprietary and intellectual right of any third parties;
(iii) send or transmit to Ambermind unauthorized or unsolicited commercial messages (spam);
(iv) address or transmit to Ambermind Contents containing viruses, passwords, files or programs created to interrupt, destroy or limit the use of software, computers, hardware or telecommunication systems;
(v) impair, disturb or otherwise disrupt the IT-Book, the servers and/or the network connected to the IT-Book;
(vi) modify, adapt or hack the Website or modify another website to falsely imply that it is associated with the Website.
7.1.2. In particular User shall not libel or insult Ambermind or any third party in User Contents, and more generally infringe Ambermind or third party rights or to be prejudicial to Ambermind or a third party, in any way and under any form.
7.1.3. User undertakes to inform Ambermind promptly about any complaint, claim or legal action related to the Contents transmitted to Ambermind.
7.2. Non-commercial use of IT-Book and no resale of the IT-Book
7.2.1. The use and access of whole or part of the IT-Book is for the User personal and non-commercial use only and in no way for commercial use. User is not entitled to charge any fee or payment, in any form, to any third party for the use of the IT-Book and/or in connection therewith.
7.2.2. When it is expressly indicated at the top of an IT-Book page that the content of this IT-Book page is subject to a specific license, Users rights relating to the content of this page are subject to this license.
8. User’s Non Infringement Warranty
User agrees to indemnify and hold Ambermind and its officers, agents, employees, and partners harmless from any claim or demand made by any third party due to or arising out of User's Contents resulting from a User’s negligence, breach of his or her obligation or fault, including but not limited to breach of intellectual property rights.
To that end, User agrees to indemnify them in full, including for attorneys' fees and any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgements, fines, litigation costs of every kind and nature. User also agrees to take part in discussions with plaintiffs and to bear the cost of all and any indemnities due by virtue of an amicable settlement.
9. Sanctions
In the event that User breaches any of the provisions of these Terms of Use, Ambermind shall be entitled, at any time and without prior notice to suspend the access to the IT-Book and/or, terminate the User’s access to the IT-Book in accordance with article 16.
10. Ambermind Intellectual Property Rights
Except as otherwise expressly provided on the Website:
10.1. User acknowledges and agrees that the It-Book, Website and structures, infrastructures, source codes, databases, know-how, methodologies, technologies, equipment, logo, graphics, user interfaces, visual interfaces, photographs, trademarks or any type of content used by Ambermind to provide the IT-Book, including without limitation all patent, copyright, trade secret and other proprietary rights therein, are and shall remain the sole and exclusive property of Ambermind.
10.2. Ambermind grants the User a personal, non-exclusive, non-transferable, and non-sub-licensable license to access and use the IT-Book,. All rights not expressly granted to the User under the Terms of Use are reserved by Ambermind. User shall in particular not copy, duplicate, translate, decompile, decode, disassemble, reverse-engineer, distribute, export and more generally reproduce, represent or adapt all or part of the IT-Book.
Registered Users submitting Contents automatically agree to grant to Ambermind, with no financial compensation, a personal, non-exclusive and non-transferable worldwide license to host, access and use the Contents, including the right to copy, modify, sublicense and distribute the Contents, solely for the purpose of improving the It-Book, for the duration of the intellectual property rights on the Contents.
The User represents and warrants that the User has all rights necessary to grant the licenses on the Contents, including but not limited to intellectual property rights.
Ambermind reserves the right to modify, at any time, all or part of the Terms of Use and/or the IT-Book.
If Registered User does not agree with modification(s) that impact his or her subscription, Registered User must stop using the IT-Book.
13. Limitation of liability
13.1. To the fullest extend permissible by applicable law, Ambermind has only an obligation to use reasonable means to provide the IT-Book.
13.2. Ambermind shall not be liable for indirect damages of whatever nature whatsoever which may be caused to User due to the use or the impossibility to use the IT-Book, including, but not limited to, financial losses or missed savings, or harm to User Contents in case of a virus.
12.3. Ambermind shall not be liable where its servers are unavailable due to a force majeure event, disruptions to the telecommunications network or in case of a technical intervention on Ambermind’s data centre, notably for maintenance of the IT-Book.
13.4. In addition, Ambermind shall not be liable for the infringement of any right whatsoever, caused by a User Content;
13.5. Ambermind provides the IT-Book on an “as is” basis with no express or implicit guarantee of any sort. Ambermind does not guarantee, represent or warrant (i) that the IT-Book will be totally free of errors, defects and faults and uninterrupted, and (ii) that the IT-Book will specifically meet User needs and expectations.
14. Links to third party website
14.1. The Website may contain a number of links to third-party websites.
14.2. Ambermind shall not be liable with regard to any third-party website or service to which the User may have gained access via the Website. Especially Ambermind is not responsible for the contents of any linked website, any link contained in a linked website, or any changes or updates to such websites.
14.3. Ambermind makes no representation, warranty or endorsement whatsoever about any other website which User may access through the Website.
15. Privacy policy
15.1. Data controller - Data collected and purposes
Ambermind collects Registered Users email addresses for the purpose of creating user accounts. More generally, Ambermind collects any other personal data communicated by Users (such as User’s alias to complete his or her profile, and Users Contents, including Users Reactions on the It-Book) for the purpose of providing the IT-Book. This processing falls within the framework of Article 6(1)(c) of Regulation of the European Parliament and of the Council of 27 April 2016 on data protection (the “GDPR”), according to which processing is lawful when it is necessary for the purpose of performing a contract.
15.2. Recipient of the collected data
The collected data is processed exclusively by Ambermind and its service providers.
15.2. Users’ Rights
The User is informed that he or she has, in accordance with and within the limits of articles 5, 16, 17, 18 and 20 of the GDPR, a right of access, rectification and erasure of his or her personal data, as well as a right to obtain restriction of the processing of his personal data. He or she also has a right to limitation and portability of his or her personal data. The User may exercise his or her rights with Ambermind at the following address: 1, rue de Stockholm, 75008 – Paris, FRANCE. The User also has the possibility to send specific instructions concerning the use of his or her data after his or her death.
The User is also informed that he or she may, in accordance with article 77 of the GDPR, file a complaint with the French Personal Data authority (the "CNIL") if he or she considers that the personal data processing operated by Ambermind constitutes a violation of the GDPR.
15.3. Cookies
Ambermind does not use any cookies on the Website, except cookies strictly necessary to the navigation on the Website.
15.4. Retention of personal data
The personal data of the User are kept for as long as the User uses the IT-Book or is a Registered User.
16. Termination
16.1. Termination for breach: Without prejudice to other provisions of the Terms of Use, termination of Registered User access to his account may occur at any time where Registered User breaches or violates the Terms of Use or any legal applicable provisions. Ambermind will be entitled to terminate Registered User access to all or part of the IT-Book upon a fifteen (15) days prior notice sent by letter, email or any other means at Ambermind’s discretion, without prejudice of the indemnification Ambermind may be entitled to claim for the damages caused by Registered User's breach and without prejudice to any other consequences, rights and remedies that may arise in application of the Terms of Use.
16.2. Termination in the event Ambermind stops operating the IT-Book: Ambermind will be entitled to terminate the Terms of Use and the provision of the IT-Book to Users, in the event where Ambermind decides to stop providing the IT-Book.
17. Force majeure
In the event that a force majeure event as defined by article 1218 of the French Civil Code prevents Ambermind or User from carrying out their obligations, the obligations of Ambermind and User under the Terms of Use are mutually suspended for as long as the force majeure event lasts. If a case of force majeure prevents the concerned party from carrying out its obligations for a period in excess of sixty (60) consecutive calendar days, the party which obligation are not affected by the case of force majeure is entitled to terminate the IT-Book without notice.
18. Effects of Termination
Termination includes (i) termination of the access to and use of the IT-Book, and (ii) deletion of Registered User account, password and all related information association with Registered User account.
Termination shall not deprive Ambermind of any right to use Users Contents.
19. Miscellaneous
19.1. No omission to exercise or delay any right, power or remedy provided by law or under the Terms of Use by Ambermind shall constitute a waiver of such or any right, power or remedy or remedy or impair such right, power or remedy.
19.2. User shall not assign, sub-license or sub-contract the Terms of Use or any right under the Terms of Use to a third party except with Ambermind’s prior written consent.
19.3. Each of the provisions of the Terms of Use is severable. If any such provision or any part of such provision is or becomes illegal, invalid or unenforceable in any respect under the law of any jurisdiction, provided such provision or part of such provision is not essential, the legality, validity or enforceability in that jurisdiction of the remaining provisions of the Terms of Use or the remaining parts of that provision shall not in any way be affected or impaired thereby.
19.4. The Terms of Use constitute the whole agreement between Ambermind and User.
20. Applicable law and jurisdiction
20.1. The Terms of Use shall in all respect be governed by the laws of France, whatever the country of residence of User, without regard to conflict of law provisions.
20.2. To the fullest extend permissible by applicable law, any dispute, claim arising from or related to the Terms of Use shall be submitted to the exclusive jurisdiction of the competent courts located in Paris, France.
20.3. Pursuant to article L. 211-3 of French Consumer Code, User is informed that User may have recourse to conventional mediation, or alternative dispute resolution pursuant to the French Consumer Code, in case of dispute.