LINSHARE.APP LEGAL INFORMATION, TERMS OF USE AND PRIVACY POLICY

LinShare Online Legal information

The Linshare.app website is published & hosted by:

LINAGORA SAS, a simplified joint-stock Company with capital of € 1 552 980 Registered office: 37 rue Pierre Poli - CS 60238, 92441 Issy-les-Moulineaux CEDEX SIRET: 431 473 669 00130 APE Code: 6202 A Phone: +33 810 251 251

Publishing director

M. Alexandre ZAPOLSKY, LINAGORA President

LinShare.app Terms of Use

Definitions

The following definition meanings are valid regardless of whether their initial is uppercase or lowercase.

Uploading User: An Uploading User is a User who, through the use of the Service, uploads User Content to the LinShare Online platform and/or makes it available to recipients. An Uploading User can simultaneously be a Receiving User, either for User Content he has uploaded, or for User Content uploaded by other Uploading Users.

User: A User is defined as any individual, whether acting on its own account or on the behalf of any organization, who accesses and/or activates the functionnalities made available through the Website and/or Service. When accessing and/or activating said functionalities on the behalf of an organization, said organization is also considered to be a User, and, as such, is fully subject to the present Terms of use.

User Content: User Content is defined as any data, regardless of nature (whether information, image, video, audio, file, sign, text, signal, program, software, code, or any other element) which is directly or indirectly emitted by an Uploading User, and uploaded to the LinShare Online platform, for downloading by one or more Receiving Users, through the use of the Website and Service.

Receiving User: A Receiving User is a User who, through the use of the Service, downloads User Content uploaded by an Uploading User. A Receiving User can simultaneously be an Uploading User.

Services: The services are the LinShare Online file upload and download services (also defined as Linshare.app or the LinShare Online platform) available from the Website to Users having subscribed to a LINAGORA offer for said Services.

Website: The website is defined as the LinShare Online website including the LinShare Online file upload and download service, accessible at http://linshare.app

Enforceability

By accessing and/or activating the functionalities of the Website and/or the Service, Users are signifying their understanding as well as their irrevocable and complete acceptance of the Terms of use applicable at the time of such Website and/or Services use.

The following Terms of use are applicable to any and all access and activation of the functionalities of the Website and/or Services by Users, and constitute the entirety of the agreement between Users and LINAGORA.

Applicable free and open source licenses notwithstanding, no other contractual terms, regardless of origin or nature, are applicable to the accessing and/or activating of the Website and/or Services by Users.

The fact for LINAGORA not to pursue enforceability of a particular provision of the present Terms of use can not be construed as a waiver of said provision.

The present Terms of use may be amended or changed at any time at LINAGORA’s discretion and without any prior notice.

Availability, access and performance

The Website and Services are publicly made available to Users by LINAGORA. Their functionalities, availability and access conditions may change at any time without notice. LINAGORA reserves the right to suspend or terminate the Website and the Service, whether for one or for all Users.

LINAGORA makes no commitment whatsoever to keep the Website and/or the Services publicly available to Users according to specific conditions, and makes no commitment regarding the stability or the performance of the Website and/or the Services.

LINAGORA disclaims any and all commitments regarding continuity, performance, stability, compatibility, quality of use of the Website and/or Service. As such, LINAGORA may not be held liable for :

• network or load perturbations or failures affecting continuity, performance, stability, compatibility, or quality of use of the Website and/or Service;
• technical infrastructure failures;
• delays in restoring the Website and/or Services after a perturbation or failure;
• temporary or permanent unavailability of User Content, regardless of reason for such unavailability;
• temporary or permanent disruption of the Website or Service.

User commitments

User Content is not controlled nor monitored in any manner by LINAGORA. LINAGORA only provides the technical Services for uploading and downloading User Content. Any Uploading User is fully and completely responsible for the User Content he uploads.

Uploading Users understand and accept that LINAGORA disclaims all liability for their User Content. Downloading Users understand and accept that LINAGORA disclaims all liability for any User Content they download from the LinShare Online Service.

Uploading Users agree to indemnify, defend and hold harmless LINAGORA, its authorized representatives, and its employees from and against any liability, loss, injury (including injuries resulting in death), demand, action, cost, expense, lawyer fee, or claim of any kind, including but not limited to intellectual property infringement, relating in any way to said User Content.

Users warrant that their use of the Services (and notably User Content which they upload):

• complies with the present Terms of use;
• complies with any and all enforceable laws, rules, and regulations - including without limitation data privacy Laws - in the country from where the User Content is being broadcast as well as the countries where said User Content is being received;
• can not directly or indirectly be considered to be a harmful, deviant, abusive, illicit, unlawful activity nor an activity prohibited by Law, rules, or regulations, whether national or international;
• can not be in any manner defined as unsolicited messenging, also known as spamming;
• is not designed nor does include any software designed to directly or indirectly disrupt or alter computer systems on which it is downloaded and/or deployed;
• can not directly or indirectly be considered as:
• promoting, encouraging, or eulogizing the commission of crimes or offenses, and particularly crimes against humanity;
• constituting, promoting or encouraging acts of war, terrorism, violence, suicide, production or use or consumption or distribution of illicit substances, racial hatred, racist, xenophobic, or negationist messages or behavior, pedopornography either directly or by the trivialization of such acts;
• constituting insults, slander, violation or injury to the right of personal privacy, image, honor and/or reputation, or to the rights of LINAGORA or any third party;
• constituting, promoting or encouraging hostile hacking of a computer or data treatment system belonging to LINAGORA or any third party;
• incurring an infringement of LINAGORA intellectual property rights.

Any such use of the Services (or uploading of User Content) that LINAGORA is made aware of is a breach of the present Terms of Service, which may lead the User to be banned from using the Services regardless of subscription status, and to be reported, along with any and all data available to LINAGORA, to the proper authorities, for prosecution to the full extent of the Law.

Please alert LINAGORA of any such abuse that you may come across by sending an email to [email protected]

Website contents

LINAGORA makes no claim of any kind whatsoever regarding User Content, which it does not review before its uploading by an Uploading User, during its storage on the LinShare Online platform, or after its downloading by a Receiving User.

LINAGORA has not reviewed all sites linked to the Website, is not liable for the contents of any such linked site and does not endorse any said linked site. Use of any such linked web site is at the User’s own risk.

Any and all other data, information, materials (including, without limitation, HTML, text, audio, video, white papers, press releases, data sheets, product descriptions, software and FAQs and other content) available on or from the Website may, except as otherwise provided, be the copyrighted works of LINAGORA or subject licenses and specifically to free and open source licenses.

Except as expressly permitted, either in the present Terms of use or in the specific licenses governing particular materials available from the Website, any use of the Website content may violate copyright and/or other applicable laws. Any such violation, as well as any infringement of the aforementioned specific licenses, will be prosecuted by LINAGORA to the full extent of the law.

Specificities of User Content

Reporting by recipients of User Content

Recipients of User Content may report Services usage which they deem abusive, infringing, or illicit by sending an email with any useful details to [email protected].

LINAGORA will store this abuse signaling for one (1) year in the aim of enabling any proper administrative or legal authorities to start investigation of the abuse.

Exploitation of User Content by recipients

LINAGORA has no control over the activities of Receiving Users. Users uploading or sending Content to recipients through the Services must be aware that said recipients may save, capture, modify, reuse & redistribute the User Content that they have received from the Uploading User in a manner which said Uploading User may not have envisioned or consented to. LINAGORA may not be held liable for such behavior of a recipient.

Payment conditions

By purchasing a subscription to the Services, User agrees to pay in advance the full annual subscription fees indicated for said Service. Payments will be due as of the first day User signs up for the Services, and will cover an annual period, as indicated when signing up. Configurations and prices of the Services are subject to change at any time, and LINAGORA shall at all times be entitled to modify configurations, fees, prices and quotations, provided that no price changes shall be made applicable to User during a subscription term, and shall only take effect after LINAGORA and User have agreed upon an extension, upgrade or renewal of the subscription term. User is deemed to agree to such change if User does not object in writing to LINAGORA within seven (7) business days of receiving a notice of LINAGORA, or an invoice, incorporating or announcing the fee and/or price changes. All prices are exclusive of, and User shall pay all taxes, duties, levies or fees, or other similar charges imposed on LINAGORA or the User by any taxing authority (other than taxes imposed on LINAGORA income) related to User subscription. In case of changes in law such that a tax is levied that is or becomes irrecoverable with a consequent increase to the costs incurred by LINAGORA in delivering the Services, whereby and to such an extent LINAGORA is entitled to increase its prices accordingly and retroactiv

TOS Breach

Any breach of the following TOS by User may incur immediate suspension by LINAGORA of User access and/or use of the Services. In addition, should this TOS breach present a particular severity (notably if such breach also constitutes an infringement of applicable laws, rules and regulations, presents a risk of infringement or injury, or constitutes an actual injury for LINAGORA or any third-parties), LINAGORA reserves the right to automatically terminate access and use of the Services by User, without notice, notwhistanding possible prosecution. In any breach case incurring suspension or termination of the Services, User is not entitled to any refund by LINAGORA. User acknowledges and agrees that LINAGORA has no liability of any kind should any third-party who have been granted access to User Content by the User, modifies, destroys, corrupts, copies or distributes said User Content, or violates the terms of use or any other limitations that User may have imposed on the use of said User Content.

Services activation

Services are activated immediately upon subscription payment by the User. A few minutes delay after effective payment might sometimes be necessary to provision and deploy the technical platforms for providing the Services to the user.

Refunds and cancellations Considering that activation of the Services is immediate upon payment of the subscription by the User or the organization on behalf of which User is acting, and given the digital nature of the Services, any subscription purchase is final and all payments to LINAGORA are non-refundable. User does not benefit from any cooling-off period enabling him to receive a full refund upon retraction / cancellation of the Services subscription. In case of cancellation by a User during a subscription term, the Services will continue until the end of the paid subscription period. In order to cancel his subscription, User must [TO BE COMPLETED WITH TECHNICAL INDICATONS]

Trademarks

LinShare, the LinShare logo, Online, the LinShare Online logo, Hubl.in, the Hubl.in logo, OpenPaaS and LINAGORA are registered trademarks owned by LINAGORA. Any unauthorized use of these trademarks for promoting any goods or services not affiliated with LINAGORA is strictly prohibited, and will lead to prosecution.

Disclaimer of warranties & limitation of liability

THE WEBSITE, ITS CONTENTS AND THE SERVICES ARE PROVIDED STRICTLY ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND LINAGORA MAKES NO WARRANTY THAT THE WEBSITE, ITS CONTENTS OR THE SERVICES ARE COMPLETE, ACCURATE OR SUITABLE TO A SPECIFIC PURPOSE. LINAGORA DISCLAIMS ANY AND ALL WARRANTIES, WHETHER STATUTORY, EXPRESS OR IMPLIED WITH REGARD TO THE WEBSITE, ITS CONTENT, THE SERVICES AND AVAILABILITY THEREOF INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFIRNGEMENT. ANY RISK RELATED TO THE USE OF THE WEBSITE, ITS CONTENTS OR THE SERVICES RESTS ENTIRELY WITH THE USER AND LINAGORA MAKES NO REPRESENTATION OR WARRANTY OF UNINTERRUPTED AVAILABILITY OF THE WEBSITE AND/OR THE SERVICES, NOR THAT THE WEBSITE, ITS CONTENTS OR THE SERVICES ARE ERROR-FREE.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, LINAGORA SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR CONNECTED TO THE USAGE OR INABILITY OF USAGE OF THE WEBSITE OR THE SERVICE INCLUDING, WITHOUT LIMITATION, ANY AND ALL DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, EXEMPLARY OR STATUTORY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF GOODWILL OR FOR ANY COST OF COVER OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES), EVEN IF LINAGORA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE LEGAL THEORY UNDER WHICH DAMAGES ARE SOUGHT, WHETHER IN BREACH OF CONTRACT OR IN TORT, INCLUDING NEGLIGENCE.

Governing law

The Terms of use of the Website and the Services are governed by French law. Any arising dispute relating to the use of the Website and the Services will be submitted to the exclusive jurisdiction of the Nanterre, France Courts of law.