SIX APART SA TYPEPAD TERMS AND CONDITIONS
1) ACCEPTANCE OF TERMS
Welcome to Six Apart SA’s Typepad service (the “Service”). Whether you are an account holder (an “Account Holder”) having a Blog Site (as hereinafter defined) on Six Apart SA’s Internet site, or a guest invited by an Account Holder (a “Guest”) to post comments or content on the Account Holders Blog Site, your use of the Service is subject to these Terms & Conditions (“Terms”). Six Apart SA reserves the right to update and change the Terms from time to time without notice to or acceptance by you. We will notify you of such changes by email and by posting a notice on our website. You can view the most current version of the Terms at any time at http://www.sixapart.com/fi/typepad/tos. You must be at least 13 years old to use the Service. These Terms are also applicable to the use of the Service on the free trial basis.
2) DESCRIPTION OF SERVICE
Six Apart SA provides each Account Holder with a web site (a “Blog Site”). Each Blog Site has a limited disc space depending on the type of account purchased. The Service also includes various tools (“Tools”) that enable Account Holders and Guests to make up a weblog and/or photo album including for example posts, comments, blogroll etc. The type and number of Tools you may use depend on the type of account you have and your status as an Account Holder or Guest. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Six Apart SA Tools and resources (“Improvements”) shall be subject to these. It is your responsibility in order to use the Service, to obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. It is also your responsibility to provide all equipment necessary to make such connections to the World Wide Web, including a computer and modem or other access device. You agree that the Service may include advertisements and that these advertisements are necessary for Six Apart SA to provide the Service. You also agree that the Service may include certain communications from Six Apart SA, such as announcements, administrative messages and a Six Apart SA newsletter, and that these communications are considered part of Six Apart SA account and you will not be able to opt out of receiving them. You agree not to access the Service by any means other than through the interfaces that are provided by Six Apart SA for use in accessing the Service.
3) REGISTRATION
In order to use the Service, you must have a valid Six Apart SA Account (“Account”). To be an Account Holder with your own Blog Site, you must provide Six Apart SA with a credit card, delivery and billing address and certain other information (the “Registration Data”). You will choose a password and account designation for your Blog Site during the Service’s registration process. You will be subscribed to the Services until you notify us that you wish to unsubscribe. If you are using the Service as a Guest, you must also go through the registration process and provide the Registration Data. 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 Six Apart SA of any unauthorised 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. Six Apart SA cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 3. In consideration for 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, 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 or incomplete or Six Apart SA has reasonable grounds to suspect that such information is untrue, inaccurate or incomplete, Six Apart SA reserves the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). If you register to use the Service on a free-trial basis, you will also have to go through the registration process, including entering in your credit card. After the last day of the trial, if you have not cancelled the trial, the account will be automatically converted to a paid account and you will be billed for the Service.
4) PAYMENT Terms
4.1 Billing
The credit card that Account Holders provide as part of the Registration Data will be automatically and immediately billed on registration. All currency references are in Euros (€). Unless Six Apart SA gives notice to the contrary, payment for the Service is billed on a monthly or annual basis and is non-refundable.
4.2 Upgrades and Downgrades
Account Holders will have the ability to upgrade or downgrade the Service at any time during the term. Such upgrade or downgrade will take effect immediately.
For any upgrade in package level, the credit card that you provided as part of your Registration Data will automatically be charged a pro-rata amount for the higher level Service. You will be notified what this amount will be at time of upgrade.
For any downgrade in package level, your account for the Service will be credited a pro-rata amount for the lower level Service, to be redeemed automatically in future billing periods. There will be no refunds or credits for partial months of service. The expiration/renewal date of Service will not change. Overpayment of monies in the event of a downgrade may not be credited towards other Services. Account Holders acknowledge that downgrading your Service may cause the loss of content and/or features on their Blog Site and Six Apart SA does not accept any liability for such loss.
4.3 Cancellation and Termination
If you cancel the Service before the end of the term, your cancellation will take effect immediately. After cancellation, you will no longer have access to your website and all information contained therein may be deleted by Six Apart SA. Six Apart SA accepts no liability for such deleted information or content. If you are a Guest, the Account Holder who invites you may request Six Apart SA to, and Six Apart SA may, terminate your Service at any time and for any reason.
If your credit card is invalid for any reason, the Service may be cancelled and all the information contained within deleted permanently. Six Apart SA accepts no liability for information that is deleted due to an invalid credit card.
Six Apart SA reserves the right to immediately terminate the Service for your breach of this Agreement. Such termination of the Service may result in the deactivation or deletion of your Blog Site or your access to your Blog Site and the loss of any or all Content on your Blog Site.
Accounts Holders agree that Six Apart SA may, under certain circumstances and without prior notice, immediately terminate your access to the Service and your Blog Site. Cause for such termination shall include, but not be limited to:
(a) breaches of this Agreement;
(b) where required by law;
(c) where requested by you;
(d) discontinuance or material modification to the Service (or any part thereof); or
(e) unforeseeable technical problems.
Termination of your Six Apart SA account includes (a) removal of access to all offerings within the Service, (b) deletion of your password and all related information, files and content associated with or inside your account and/or Blog Site (or any part thereof), and (c) barring further use of the Service. Further, you agree that all terminations for cause shall be made in Six Apart SA’s sole discretion and that Six Apart SA shall not be liable to you or any third-party for any termination of your account, any associated email address, or access to the Service.
5 SIX APART SA PRIVACY POLICY
Registration Data and certain other information about you is subject to our Privacy Policy the terms of which are incorporated into this Agreement.
6 OWNERSHIP OF WEBSITE ACCOUNT AND SECURITY
You are responsible for maintaining the security of your Account and Blog Site and for all activities that occur under the account and any other actions taken in connection with the Blog Site, including those of your Guests. You agree to immediately notify Six Apart SA of any unauthorised uses of the account or any other breaches of security.
Six Apart SA cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You acknowledge and agree that under no circumstances will Six Apart SA be liable, in any way, for any acts or omissions by an Account Holder or a Guest, including any damages of any kind incurred as a result of such acts or omissions.
7 CONTENT AND CONDUCT RULES AND OBLIGATIONS
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, goods, products, services or other materials (“Content”) are the sole responsibility of the person from which such Content originated. This means that you, and not Six Apart SA, are entirely responsible for all Content that you upload, post, transmit or otherwise make available via the Service. Six Apart SA 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 Six Apart SA 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, transmitted or otherwise made available via the Service. You acknowledge that Six Apart SA does not pre-screen Content, but that Six Apart SA and its agents 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, Six Apart SA and its agents shall have the right to remove any Content that violates the Terms or is otherwise objectionable. You agree that you shall, prior to uploading on your Blog Site, evaluate 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 Six Apart SA or submitted to Six Apart SA.
You acknowledge and agree that Six Apart SA may preserve Content and may also disclose Content if required to do so by law or in good faith that such preservation or disclosure is reasonably necessary to: (a) comply with legal requirements (b) enforce the terms (c) respond to claims that any Content violates the rights of third-parties or (d) protect the rights, property, or personal safety of Six Apart SA, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You agree that you will not:
(a) upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
(b) harm minors in any way;
(c) impersonate any person or entity, including, but not limited to, an employee or management of Six Apart SA, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
(e) upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(f) upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any party;
(g) upload, post, or transmit unsolicited commercial email or “spam”. This includes unethical marketing, advertising, or any other practice that is in any way connected with “spam”, such as (a) sending mass email to recipients who haven’t requested email from you or with a fake return address, (b) promoting a site with inappropriate links, titles, descriptions, or (c) promoting your site by posting multiple submissions in public forums that are identical;
(h) upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(i) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
(j) intentionally or unintentionally violate any applicable local national or international law;
(k) "stalk" or otherwise harass another;
(l) promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals;
(m) offer for sale or sell any item, good or service that (a) violates any applicable law or regulation (b) you do not have full power and authority under all relevant laws and regulations to offer and sell, including all necessary licenses and authorisations, or (c) Six Apart SA determines, in its sole discretion, is inappropriate for sale through the Service provided by Six Apart SA; or
(n) exceed the scope of the Service that you have registered for including but not limited to accessing and using Tools that you do not have a right to use, deleting, adding to, or otherwise changing other user’s comments or Content as a Guest.
8. ADDITIONAL SOFTWARE
With respect to any additional software that may be made available by Six Apart SA in connection with the Service, if you elect to download or access such additional software, you understand that you may have to agree to additional terms and conditions prior to use or download.
9. INTERNATIONAL USE
You shall at all times comply with any applicable laws regarding online conduct and acceptable Content and specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside.
10. CONTENT SUBMITTED
Six Apart SA does not claim ownership of the Content you place on your Blog Site. By submitting Content to Six Apart SA for inclusion on your Blog Site, you grant Six Apart SA a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your Blog Site on Six Apart SA’s Internet site. This license exists only for as long as you continue to be a Six Apart SA customer and shall be terminated at the time your Blog Site is terminated.
You acknowledge that Six Apart SA does not monitor and/ or pre-screen Content, but that Six Apart SA and its agents shall have the right (but not the obligation) in their sole discretion to refuse or remove with immediate effect any Content that is made available on the Service. Without limitation, Six Apart SA and its agents shall have the right to remove with immediate effect any Content that violates these Terms or is in the sole opinion of Six Apart SA otherwise objectionable.
11. ADVERTISERS
You acknowledge that any correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser.
You agree that Six Apart SA shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service. You may place advertisements on your Blog Site if and when Six Apart SA makes this feature generally available as part of the Service. Placement of advertisements will be subject to additional terms.
12. LINKS
The Service may provide, or third parties may provide, links to other websites or resources. Six Apart SA has no control over such sites and resources. You acknowledge and agree that Six Apart SA is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources.
You further acknowledge and agree that Six Apart SA shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
13. INDEMNITY
You agree to indemnify and hold Six Apart SA, and its subsidiaries, affiliates, officers, agents, partners and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your Content, your use of the Service, your Guests activities, your connection to the Service, your violation of the terms, or your violation of any rights of another.
14. RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without prior written agreement with Six Apart SA.
15. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Six Apart SA may establish general practices and limits concerning use of the Service.
16. MODIFICATIONS AND DISRUPTIONS TO SERVICE
Six Apart SA reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Six Apart SA shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
17. CONFIDENTIALITY
You acknowledge that the Service and any necessary software used in connection with the Service (“the Software”) contains 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 authorised by Six Apart SA 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.
18. DISCLAIMER OF WARRANTIES
The information published on our website is provided as a convenience to visitors and should be used for information purposes only and is subject to change without notice. Whilst we use all reasonable efforts to ensure that the information contained on the site is current, accurate and complete at the date of publication, no representations or warranties are made (express or implied) as to the reliability, accuracy or completeness of such information. Six Apart SA cannot therefore be held liable for any loss arising directly or indirectly from the use of, or any action taken in reliance on, any information arising from the Service. In addition, no warranty is given as to the freedom of the Service (or any information downloaded from the website) from errors, defects, viruses or other malicious programs or macros. We exclude all other express or implied terms, conditions, warranties, representations or endorsements whatsoever with regard to our Website or any information or service provided through our Service (which are provided to you on an “as is” basis) and we accept no liability in this regard. The limitations and exclusions in this clause do not affect your non-excludable statutory rights and only apply to the extent permitted by applicable law.
19. GENERAL
Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the Terms or other matters by displaying notices or links to notices to you generally on the Service. Six Apart SA respects the intellectual property rights of others and we ask our users to do the same. The Terms and the relationship between you and Six Apart SA shall be governed by French law and the parties hereby submit to the exclusive jurisdiction of the French courts. The failure of Six Apart SA to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. The Terms constitutes the entire agreement between you and Six Apart SA and govern your use of the Service, superseding any prior agreements between you and Six Apart SA (including, but not limited to, any prior versions of the terms). You also may be subject to additional terms and conditions that may apply when you use affiliate or other Six Apart SA services, third-party content or third-party software. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the remainder of the Agreement shall remain in full force and effect.] Any claims or causes of action arising out of or related to use of the Service or the Terms shall be notified to us within one (1) year after such claim or cause of action arose.
20. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 18 AND 19 MAY NOT APPLY TO YOU.
21. GENERAL
Six Apart SA are a company incorporated in France (SIRET number 451119010 00010) having our registered office at Six Apart SA Europe, 48 rue de la Bienfaisance, 75008 Paris, France. We are also registered for VAT purposes under registration number FR44451119010.
Should you wish to contact us at any time, you can do so either by e-mail at contactfi@sixapart.com or by post to the following contact address: Six Apart SA, 104 Avenue du President Kennedy 75116 Paris, France.
21. VIOLATIONS
If you do not believe that we are complying with our obligations under these Terms and Conditions, or wish to report any alleged violations of such, these can be reported using our Content Violation Reporting Form.
22. LEGAL INFORMATIONS
SIX APART SA
48 rue de la Bienfaisance
75008 PARIS
France
