myCREOpoint Terms of Service (TOS)
By using myCREOpoint dashboard (the "Site"), you agree to abide and be bound by these Terms of Service (the "TOS") and/or any revised version. Any new service available on the Site or any modification of an existing service shall be governed by the TOS, which may be modified or updated from time to time. We strongly encourage you to regularly review the TOS. The Site is operated by CREOpoint, Inc. ("CREOpoint" or "we").
I. Description of Service
CREOpoint provides its users ("You"), for non-commercial personal use, with access (i) to a fully-customized Site enabling you to select and aggregate content provided by CREOpoint or third-parties ("Third-Party Content") through computer programs called Channels (the "Channels"), A Channel is defined as a software element providing content, including feeds and data. It is composed of computer code (the "Container"), used to create the structure of the Channel and to encapsulate the Third-Party Content available through the Channels. Access to myCREOpoint and Third Party Content may be for a fee after a trial period.
Channels and Ecosystem
Channels may be added from myCREOpoint home page, and their content is provided by professional content providers, other users, or you. You may customize your myCREOpoint page (your "Private Dashboard") by adding or deleting content and by moving and editing each Channel. Your Private Dashboard is accessible through a personal terminal (such as a computer, a smartphone or a tablet) by logging in with the email address provided by CREOpoint as well as your password.
If your browser accepts "cookies", your Private Dashboard shall automatically be displayed when you connect and all the modifications shall be saved in real time.
II. Registration and Conduct
To access and use the Service, you must be legally capable of entering into a binding agreement and acknowledge that some Third-Party Content might be found offensive by some and might not be suitable for individuals under the age of 18. You must also abide by all applicable statutes and regulations in the United States, the United Kingdom, France and, if applicable, in your home country.
Registration, Email and Password
You do not need to register nor provide any personal data to access and use the demo. However, if you wish to access your Private Customized Dashboard from any computer you will need to open an account by providing a valid email address and a password of your choice. Your email address must remain valid as long as your myCREOpoint account remains active and it is your responsibility to update it should it no longer be accurate or current. More generally, all personal information communicated to myCREOpoint must always be promptly updated as soon as it stops being true, complete, accurate, or current.
Your password is confidential and you shall not communicate it to any third-party individual or website. You should immediately contact myCREOpoint should you have reason to believe that your password is being used by an unauthorized third party. You shall be liable for all actions taken with your password as well as for any loss or liability consequential to such use. We may cancel your account without notice in the case of any violation of the TOS.
Conduct of Users
As a condition for accessing and using the Site and the Service, you agree:
a. Not to post, share, or otherwise transmit with an article or channel any content that is unlawful, obscene, harmful, threatening, defamatory or hateful or that contains objects or symbols of hate, invades the privacy of any third party, or is otherwise objectionable;
b. To respect the privacy of others, including that of your friends and followers, and the confidentiality of the information you may receive and not to post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
c. Not to harass any other user of the Site or to impersonate another user by any means including by using her/his email address and password (please also note that all text, photos, videos and graphics in myCREOpoint feeds are not intended to malign any religion, ethnic group, club, organization, company or individual);
d. To always provide truthful, sincere and actual personal data and information and to update said data and information as needed so that they remain true, complete, accurate, and current;
e. To respect the rights of others and, more generally, all applicable laws and regulations relevant to your use of the Service, and not to make available any content that you do not have the lawful right to transmit (including any content that would violate any confidentiality or fiduciary obligations you might have), that would infringe the intellectual or proprietary rights of any third party (including, but not limited to, copyrights, trademarks, service marks or patent rights), or that would violate the right of privacy or publicity of any public or non-public persons;
f. Not to engage in any conduct or to post or share any content that would interrupt, destroy, limit or more generally harm the Site and/or the Service or enable you to gain unauthorized access to the Site, including by using viruses, malicious computer code, programs or files;
g. Not to reproduce, copy, sell, or commercially use (including the right to access) in whole or in part, the Service and/or Site;
h. Not (a) copy, distribute, rent, lease, lend, sublicense, transfer or make the Service and/or Site available to any third party, (b) decompile, reverse engineer, attempt to derive the source code or disassemble the Service and/or Site, (c) create derivative works based on the Service and/or Site; or (d) modify, remove, or obscure any copyright, trademark, patent or other notices or legends that appear on the Service and/or Site or during the use and operation thereof
i. Not make contact or attempt to make contact with any of myCREOpoint suppliers used by myCREOpoint for the Site. In case of any violation of the above, myCREOpoint reserves the right to cancel or rename your account and/or to block you from accessing the Site as well as to disclose any information as necessary to satisfy any law, regulation, governmental request or partner request, at its sole discretion.
Further, you represent that you shall hold harmless (including reasonable attorneys’ fees) CREOpoint, its affiliated companies, its principals, its agents, its administrators, its directors, its employees, subcontractors and vendors from and against any claim by any third party arising out of or connected with the use of the Service, the violation of the TOS or of any other document therein, or, more generally, the violation of the law.
IV. Proprietary Rights
Access to the Site
Any reproduction, display, publication, transmission or, more generally, any unauthorized use of the Site or the Service may trigger your liability and/or the liability of your employer and result in criminal or civil legal action. You undertake not to access the Service by any means other than those made available to you by CREOpoint. The use of Third-Party Content may only be done in compliance with the authorization or license granted by the respective right holders.
Intellectual Property – Copyright
The Site is an original work protected by intellectual property laws and international conventions. Its structure and the Third-Party Content available may be protected by copyright or any other intellectual property right. You warrant that you will not modify, lease, borrow, sell, or distribute these works, or create derivative works based wholly or partly on the Site or on Third-Party Content. You may access the Site for your personal and private use. Printing is limited to your personal non-commercial use; any other use or communication is prohibited without receiving CREOpoint prior written consent. All rights not expressly granted to you by the TOS are reserved.
The registered myCREOpoint and CREOpoint trademark and logo and all other CREOpoint trademarks are owned by CREOpoint. You agree not to use or communicate said trademarks or logo without our written consent. However, and by exception, you may reproduce the myCREOpoint button on your website to enable users to add Your Content to their personalized myCREOpoint web pages.
Intellectual Property of Others
All names and logos other than myCREOpoint and CREOpoint are the property of their respective owners. We respect the intellectual property of others. If you believe that material over which you have rights has been reproduced or used in such a way as to constitute an infringement, please contact us with your personal information, a description of your work, the location on the Site of the potentially infringing material, a statement of the rights you have asserted over the work, and a statement of the absence of authorization given to the party using said material.
Third Party Rights
Without prejudice to the step that CREOpoint may take to protect its rights, CREOpoint reserves the right, without justification nor notice, to prevent access to any Content or to delete or disable any Channel (including when it has been downloaded, by remotely disabling it directly on the relevant terminal) that may harm third parties rights, which you expressly agree.
Limitation of Liability
You understand that you are accessing and using the Site and the Service at your own risk. CREOpoint may not be held liable for your reliance on any information or data you may have accessed, directly or indirectly, through the Service, nor for your accessing or downloading of any material, program, or file through the Service. The information contained on the Site has been collected from a variety of sources and by a variety of organizations and individuals, all considered reliable. All information is offered on a "best intentions" basis. CREOpoint makes no representation or offers no warranty with respect to the adequacy of the information for any particular purpose. In no event shall CREOpoint, its employees, officers and directors, or the authors of information provided herein, be liable for special, direct, indirect or consequential damages, losses, costs, charges, demands, or claims for lost profits or expenses of any nature or kind. In particular, this Site is not presented as a solicitation to buy or purchase securities. You are advised to discuss your specific situation with your professional services firms prior to taking action.
CREOpoint may not be held liable for any loss of data or for any damage to your computer system or any other device used to access the Service. You agree not to use the Site in connection with service bureau, time-sharing, terminal sharing or other similar types of services. You also agree not to use or offer the Site or any of its functionality, to provide service bureau, time-sharing, terminal sharing or other similar types of services to third parties.
Although we use our best efforts and all available means to ensure the confidentiality of your personal data, we may not be held liable in the case of a breach of said confidentiality, regardless of its cause (including, but not limited to, technical difficulty, intrusion into our data processing system, or human mistake).
More generally, you accept that we may not be held liable for any consequential, special, or incidental damages, direct or indirect, resulting from the access to or use of the Service and/or Site and that the limitation of liability applies to CREOpoint and to its affiliated companies, principals, directors, agents, employees and vendors.
Third-Party Content – Links
CREOpoint has no control over and does not host Third-Party Content or services that may be provided by third parties through the Channels, or the Site (the "Third-Party Services"). Similarly, we cannot control links to other websites or other Internet resources. These resources, content and services are provided to you "as is" to facilitate your web browsing.
As such, you acknowledge that we may not be held liable with respect to third-party resources, content or services and you undertake to directly and exclusively contact the appropriate third party with any claim or request you may have. We may not be held liable with respect to the content, advertisements, products, services or any other data or information available on or from those external sites or sources. Furthermore, you understand that we may not be held liable for any damages or loss arising from or connected with the use of or the reliance on the contents, goods, or services available on those external sites or sources.
Further, you represent that you shall hold harmless (including reasonable attorneys' fees) CREOpoint, its affiliated companies, its principals, its agents, its vendors, its administrators, and its employees from and against any claim by any third party arising out of or connected with, the violation of the TOS, or, more generally, the violation of the law.
Update and Modification
We reserve the right to correct possible errors on the Site and, more generally, to modify, from time to time and without notice, the Site or any part thereof. We may not be held liable for any modification, interruption, or suspension of the Service or for any resulting damages.
We may send you notices via email, or display on the Site links to said notices. We may use this method, for instance, to inform you of future revisions to the TOS.
Termination of account
You may terminate your account at any time. In the case of violation of the TOS, we reserve the right to limit your access to the Site and/or to rename or terminate your account. You understand and accept that we may not be held liable for the cancellation of your account.
If any provision of the TOS is adjudged by a court to be void or unenforceable, this shall in no way affect any other provision of the TOS, which shall remain in full force and effect.
A waiver by CREOpoint of any term or condition of the TOS shall not be deemed or construed to be a waiver of such term or condition for the future or any subsequent breach thereof.
The headings of the clauses do not form part of and shall not be read into the construction of the TOS.
Choice of Law – Forum
The TOS and your relationship with CREOpoint are governed by the laws of the State of New York. New York courts shall have jurisdiction over any dispute arising out of or connected with the use of the Service or the Site.
New York, 26 July 2012