TERMS OF USE

The original version of this document is the French version. This will serve as a reference in the event of discrepancies between the versions of the different languages.

The present conditions of use ("Conditions") govern your access and use of all the services of Braineet SAS ("Braineet" or "We") made available to users of {brand} . These services include, but are not limited to, the Braineet Internet platform of {brand} , our APIs and applications, e-mail notifications and buttons (hereinafter the “Services”), and any content appearing therein, information, texts, photos, images. , graphics, sounds and videos (the "Content").

The access and use that you make and will make of the Services are conditioned by your prior agreement and compliance with these Conditions. You certify having read, understood and agreed to be bound by these Conditions. Your use of the Services constitutes acceptance of these Terms at all times. Braineet and {brand} reserve the right to amend these Conditions, at their sole discretion, at any time and without notice from them. A notification will be sent to you by email in the event of a significant amendment to these Conditions.

If a condition were to be lacking in these Conditions, it will be considered as being governed by the practices in force in the Internet sector and this in accordance with French law.

If you have any questions or comments regarding these Terms, please contact us at support @ braineet.com .

1. Legal Notice

Braineet
Simplified Joint Stock Company
Headquarters: 158ter rue du temple 75003 Paris, France
SIREN: 800 287 120 RCS Paris
Publishing Director: Jonathan Livescault
Email: hello@braineet.com
Accommodation provided by Microsoft Azure France capital of € 4,240,000.00 RCS Nanterre, whose registered office is at 37 QUAI DU PRESIDENT ROOSEVELT 92130 ISSY-LES-MOULINEAUX, France. In accordance with the “Informatique et Libertés” law of January 6, 1978, Braineet has been declared to the National Commission for Computing and Liberties, referenced under number 1746661v0.

2. Responsibilities

You are responsible for your use of the Services, the Contents that you publish and all their consequences. The Content you submit is visible to other users of the Services and through third-party services and websites. You should only post Content that you wish to share with others in accordance with these Terms. Acceptance of these Terms by using the Services on behalf of a business, organization, government or other legal entity, means that you represent and certify that you are authorized to act on its behalf. To use the Services, you must comply with these Terms and all applicable local, national and international laws.

If you do not have the rights necessary for the communication of the Content that you publish, you engage your responsibility. You represent and warrant that you have the rights, powers and permissions necessary to grant the rights granted hereunder on the Content you submit.
Braineet and {brand} cannot be held liable for damages resulting from the use of your Content by Braineet, {brand} or their partners in accordance with these Conditions.
Since Braineet's Services are subject to change, their form and nature may change at any time without notice. Braineet and {brand} also reserve the right to define at their sole discretion limits on use under the same conditions.

3. Confidentiality

The information you give us is subject to our Policy of Confidentiality. By using our Services, you agree to the collection and use of this information, including its transfer for storage, processing and use by Braineet and {brand} .
Braineet and {brand} will send you notifications through the Services and by email.

4. Description of the Services

Braineet is an Internet platform bringing together individuals and companies / organizations with the aim of establishing a permanent constructive dialogue and improving {brand} products and services.
To use the various Services on this site, you must enter your first and last name. If you wish to remain anonymous, you can use a pseudonym or include only the first two letters of your last name. You must also indicate your email address and a password in order to create an account. You can then decide to fill in other information and define a profile picture.
Once connected, you can use all the Services available to you, mainly: share, consult, like, dislike, comment on content, search and follow users, as well as participate in Challenges of ideas.

5. Content

All Content is the sole responsibility of its issuer . Braineet and {brand} cannot control all of the Content published, and therefore cannot be held responsible for it. You agree to assume all consequences of your use of these Contents.
The nature and quality of the Content cannot therefore be guaranteed by Braineet or {brand} . We do not endorse any opinion whatsoever expressed on these Services.
Braineet and {brand} are not responsible for any damage or loss that you may suffer through the use of the Content, in any form whatsoever.

6. Intellectual Property

By sharing all Content on the Services, you relinquish all present and future Intellectual Property rights over them and accept that they are in the public domain. You agree that any user of this site may unlimited access, use, and exploit all of your Content without notification, compensation or acknowledgment to you.
You agree that Braineet and {brand} can unlimited access, use, modify, and exploit the Content on any medium known or made to exist, without notification, compensation or acknowledgment to you.

7.

registration and security

Users of the Services give their true identity and information concerning them which implies that they undertake to:
a) Not to provide false personal information on Braineet and not to create an account for a third party.
b) Create only one personal account.
c) Do not create an account again without our authorization if we have previously deleted it.
d) Do not use their personal page for commercial purposes.
e) Update their contact details.
f) Do not communicate their password.

8. Password

You are responsible for your password and of its protection. We strongly recommend that you use long passwords, consisting of upper and lower case letters, numbers and special characters. Braineet and {brand} can not be held responsible for any damage resulting from a failure on your part in the above.

9. Advertisements

In return for access and use of Services, you agree that Braineet and its partners may offer you advertising, targeted or not and in relation or not to the Content and information collected on the Services.
The nature of the advertisements disseminated by Braineet and their extent are liable to change.

10. Ideas

Braineet and {brand} organize challenges ideas about the Services.
These Challenges allow {brand} to obtain relevant suggestions from users on a subject of their choice and to participating users to win prizes, known in advance.
{brand} then decides, at its discretion and on the criteria of its choice, other than chance, the final classification, the nature and the distribution of the prizes.
The Ideas Challenges organized by {brand} aim to reward the creativity and relevance of users after deliberation to this effect.
The winning of a prize must always be considered by the participating user as possible. The fact of having participated without being rewarded with a prize cannot constitute prejudice of any kind.
For more details, you can consult the Challenges regulations.

11. Prescriber user

It is possible for a user to win a prize if it manages to ensure that a company / organization which has never subscribed to a Braineet subscription, subscribes to a Classic subscription or higher for a minimum period of three (3) months.
Braineet will deliver the batch to the prescribing user against tangible proof that he is indeed at the origin of this subscription, proof to be borne by the user. Braineet has also implemented automatic url detection mechanisms to help prove the origin of the subscription.
Braineet will deliver the lot from the receipt of payment of a sum at least equal to the three (3) months of the subscription selected by the brand.

12. Braineet rights

Braineet has exclusive ownership of all rights, title and interest in the Services, with the exception of personal identifying information of users. The Services are protected under trademark law and copyright / copyright, and the laws of the countries in which Braineet operates.
{brand} has exclusive ownership of all right, title and interest in the Content, with the exception of personal identifying information of users. The Content is protected under trademark law and copyright / copyright, and the laws of the countries in which {brand} operates.
Nothing in these presents gives you a right to use the terms "Braineet", " {brand} " or any of the brands or any of the logos, domain names and other distinctive signs of Braineet or {brand} .

13. Restrictions on Content and Use of Services

Restrictions on Content and use of the Services are defined in our Rules (the "Rules"), which are part of these, which we invite you to read.
We reserve the right to refuse, suspend or delete any Content or user account that does not comply with the Rules, without engagement of our responsibility.
If necessary, we reserve the right to use any information proving a breach of the Rules, the Conditions, the law or allowing to protect the interests of Braineet, of {brand} , of their users or partners.
You have no right to access, use or alter the private computer spaces and systems of Braineet or {brand} ; to hack, test the vulnerability of the Services or send a virus; to usurp the identity of Braineet or {brand} , to deceive users and partners in any form whatsoever; to overload, flood, spam, mail-bomb, script the Content.

14. Copyright

We respect the intellectual property rights of others and expect our users to do the same. We respond to notifications sent to us at support@braineet.com regarding any copyright infringement therefore that they comply with the law in force.
If you wish to send us such notification, please provide us with the following information: the identity of the copyrighted work, the signature of the copyright owner or a person authorized to act on their behalf , all the content in violation of these rights, their location, your postal address, telephone number and email address, and a sworn statement that you are authorized to act on behalf of the rights holder.
Braineet and {brand} may remove the allegedly infringing Content without notice and without incurring any liability. Braineet and {brand} reserve the right to terminate the account of a user who has infringed Content.

15. Termination

The Conditions apply until termination of your part, from {brand} or from Braineet.
Deactivation of your account constitutes termination. You can deactivate your account at any time and for no reason.
We can suspend or deactivate your account if we have reason to believe that you have committed a breach of the present, of the applicable law or that your behavior is against our interests. Braineet and {brand} remain the sole judges of breaches that may justify termination. We will notify you of this decision and its reason by email.
In all of the above cases, the Conditions will be terminated.

16. Disclaimers and limitations of liability

This section is

to limit the responsibility of Braineet, {brand} , their companies, officers, employees and partners (collectively, the “Braineet and {brand} Entities”).

You access and use the Services and Content at your own risk and peril and therefore bear all consequences. The Services are provided "as is". Although we do our best to avoid these situations, we cannot guarantee that the Services will always function without interruption, delay, error, imperfection or security problem.
Under no circumstances can the Braineet and {brand} Entities be held liable, and in particular but not limited to any damage to the computer system, loss of data, links to websites third party, loss of income, reputational risk or defamatory behavior.

17. Applicable law

These Conditions and any legal action taken in connection with these Conditions are governed by French law regardless of your country of residence. All claims, legal proceedings or disputes in connection with the Services will be brought exclusively before the French courts. You accept the material and territorial jurisdiction of these courts and waive any objection in this regard.

18.

agreement

These Terms, our Rules, Policy of Confidentiality and Resolution of Challenges constitute the entire agreement between Braineet and you concerning the use of the Services (excluding the services for which you have entered into a separate agreement with Braineet including or expressly excluding these Conditions) .
These Conditions cancel and replace all previous agreements between Braineet and you concerning the Services. If any of the provisions hereof were declared invalid or inapplicable, the remaining provisions would remain in full force.

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