Jolicloud

Terms of Service

Jul. 21th 2010

These are the terms of service (ToS) (the "Terms") associated with the use of this website (available at www.jolicloud.com – the "Site"), any information, text, graphics, or other materials created and/or provided by Jolilcoud and appearing on the Site (the "Content"), any services provided by Jolicloud SAS ("Jolicloud") ("Jolicloud Services") and the access to third party’s services provided through the Site (the use of such services shall be governed specific third party ToS). The software downloadable on the Site ("Jolicloud Software") is necessary to use Jolicloud Services is governed by a specific open-source license.

The ToS are governed by French law. Any new service available on this website shall be governed by the ToS, which may be modified or updated from time to time without prior notice to you. By continuing to access or use the Site, Jolicloud Services and/or Jolicloud Software after those revisions become effective, you agree to be bound by the revised Terms. .

The most current version will always be at http://www.jolicloud.com/tos.

These ToS together with all updates and any additional terms applicable collectively constitute the legal agreement between You (“The Licensee”) and Jolicloud. To agree to these ToS, You must click “Agree”. If You do not agree to these ToS, YOU SHALL NOT BE ENTITLED TO CREATE AN ACCOUNT.

Jolicloud Services

Jolicloud Software

To use Jolicloud Services, you need to download and install the Jolicloud software, available here. “Jolicloud Software” refers to the Linux-based operating system developed and distributed by Jolicloud for netbooks and other computing devices.

Jolicloud software is governed by a specific open-source license which shall be displayed during the installation of the software.

Jolicloud and Third-Party Material

The Jolicloud Services may contain features and functionalities linking you or providing you with certain functionality and access to third party services and content, including Web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole ("Third Party Material"). All Third Party Material obtained from the Site could be subject to the terms of any license agreement provided with that Third Party Material. Some of these agreements incorporate the terms of the GPL or other open source licenses, along with various closed licenses, with the said third parties (the "Third Parties"). Jolicloud strongly advises that you carefully read these agreements before installing and/or using Third Party Material; by installing and/or using Third Party Material, you will have accepted the terms of the agreements. Jolicloud is not responsible for any Third Party Material you access with Jolicloud Services, and you irrevocably waive any claim against Jolicloud with respect to such Third Party Material. Jolicloud shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third-party. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You are solely responsible for your dealings with any third party, including the delivery of and payment for goods and services. Should you have any problems resulting from your use of any third party services, or should you suffer data loss or other losses as a result of problems with any of your other service providers or any third-party services, Jolicloud will not be responsible unless the problem was the direct result of Jolicloud’s breaches.

Your Responsibilities

In order to access certain Jolicloud Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for Jolicloud Service, or as part of your continued use of Jolicloud Services. You agree that any registration information you give to Jolicloud will always be accurate, correct and up to date.

You agree to use Jolicloud Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.

You represent and warrant that you own or have the necessary licenses, rights, consents and permissions to enter into the present agreement with Jolicloud.

You are solely responsible for maintaining and protecting all data and information that is stored, retrieved or otherwise processed by the Site, Content or Jolicloud Services. Without limiting the foregoing, you will be responsible for all costs and expenses that you or others may incur with respect to backing up, and restoring and/or recreating any data and information that is lost or corrupted as a result of your use of the Site, Content and/or Jolicloud Services.

Your Use of the Jolicloud Services

Jolicloud gives you a personal, non-assignable and non-exclusive right to use the Site, Content and Jolicloud Services subject to the restrictions set forth in these Terms of Service.

Any use of Third Party Material shall be subject to specific agreement and/or license with the corresponding Third Party and Your use of such services shall be done in compliance with such terms.

Under no circumstance may You distribute the Jolicloud Services via OEM Distribution or port on the Jolicloud Services (any distribution of the Jolicloud Services as either a bundled add-on to, or embedded component of, another application with such application being made available to its users as, but not limited to, an on-premises application, a hosted application, a Software-as-a-Service offering or a subscription service for which the distributor of the application receives a license fee or any form of direct or indirect compensation) without entering into a separate written and previous agreement with Jolicloud.

Content

You acknowledge and agree that You are solely responsible for any Content that You upload, submit, post, transmit or display through the Jolicloud Software and/or the Jolicloud Services and that Jolicloud is not responsible to You or any third party for any Content that is used by You or any other Jolicloud Software user.

You agree that You shall not use any Content that is subject to any third party IP Rights, unless you have a license or specific permission from the owner to use such third party content, and to grant Jolicloud the license set out below.

You hereby grant to Jolicloud a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable and transferable license to: (i) reproduce, modify and publish any Content that you use; and (ii) distribute and/or display through the Jolicloud Software any Content that You provide or make available using the Jolicloud Software for the sole purposes of making the Jolicloud Software available to You.

Jolicloud reserves the right (but shall have no obligation) to decide whether any Content that You use complies with these ToS and any additional terms. Jolicloud may in its sole discretion remove such Content and/or terminate these ToS and Your account if You use any Content that is in breach of these ToS and/or any additional terms at any time and without prior notice to You.

Prohibitions

You agree not to do any of the following while using the Site, Content or Jolicloud Services:

  • access (or attempt to access) any of the services by any means other than through the interface that is provided by Jolicloud. You specifically agree not to access (or attempt to access) any of the services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on Jolicloud Services,
  • engage in any activity that interferes with or disrupts Jolicloud Services (or the servers and networks which are connected to Jolicloud Services),
  • reproduce, duplicate, copy, sell, trade or resell Jolicloud Services for any purpose,
  • post, publish or transmit any text, graphics, or material that: (i) is false or misleading; (ii) is defamatory; (iii) invades another's privacy; (iv) is obscene, pornographic, or offensive; (v) promotes bigotry, racism, hatred or harm against any individual or group; (vi) infringes another's rights, including any intellectual property rights; or (vii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
  • send unsolicited email, junk mail, “spam,” or chain letters, or promotions or advertisements for products or services;
  • attempt to gain access to any account, computers or networks related to Jolicloud Services without authorization,
  • attempt to obtain any data through any means from Jolicloud Services, except if we intend to provide or make it available to you,
  • use Jolicloud Services to participate in pyramid schemes or chain letters,
  • use Jolicloud Services to send or otherwise making available any material that contains viruses, Trojan horses, worms, corrupted files, or any other similar software that may damage the operation of another’s computer or property,
  • use Jolicloud Services to download any material sent by another user of Jolicloud Services that you know, or reasonably should know, cannot be legally distributed in such manner,
  • use Jolicloud Services to harvest or otherwise collecting information about others, including e-mail addresses,
  • use Jolicloud Services in a manner that results in excessive bandwidth. Jolicloud reserves the right, in its sole discretion, to determine whether and what action to take in response to any excess bandwidth usage.

All judgments concerning the applicability of these guidelines shall be at the sole and exclusive discretion of Jolicloud. Jolicloud reserves the right, in its sole discretion, to determine whether and what action to take in response to each such notification, and any action or inaction in a particular instance shall not dictate or limit Jolicloud’s response to a future complaint. You agree that you are solely responsible for (and that Jolicloud has no responsibility to you or to any third party for) any breach of your obligations under the present agreement and for the consequences (including any loss or damage which Jolicloud may suffer) of any such breach. You acknowledge and agree that Jolicloud shall not assume or have any liability for any action or inaction by Jolicloud with respect to any user content.

Passwords

You are responsible for safeguarding the password that you use to access certain features of the Site, the Jolicloud Software, the Jolicloud Services and for any activities or actions under your password. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. Jolicloud cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. Any use of Your password shall be deemed made by Use, regardless of the real person who uses the password, and You shall be the sole responsible of such use, even in case of misuse or fraud.

Technical improvements and maintenance

Jolicloud may change technical features in order to keep pace with the latest demands and technological developments or to comply with any regulations or for any other reason. Jolicloud may also have to repair, improve, and/or upgrade Jolicloud Software and this may require us to restrict, limit, suspend, interfere and/or interrupt Jolicloud Services.

Please note that Jolicloud will try to provide jolicloud services with minimum disruptions. However please understand that jolicloud can not guarantee that jolicloud services will always function without disruptions, delay or other imperfections.

Intellectual Property

Copyright

The website HTML, text, images, audio, video, software or other content that is made available on this website are the property of Jolicloud, independent content providers and third parties. To use any of the content from this website you must ensure that you have the relevant rights and permissions from the copyright holder.

If you display, download, or print pages from this website, it must be limited to personal, educational and non-commercial use. You must retain copyright and other notices on any copies or printouts you make. Certain of the materials available on this site are "open source" materials subject to the GNU General Public License ("GPL") or other open source license and are so marked - use of those materials is governed by the individual applicable license.

Trademarks

The registered Jolicloud trademark, logo and service marks are owned by Jolicloud. Within the website there are also trademarks, logos and service marks which are owned by third parties. You agree not to use or communicate said trademarks, logos and service marks without written consent of the appropriate owners.

Privacy Policy

We value your privacy and will take all reasonable steps to safeguard the security of any information you input or send to us by using secure services and encryption technology.

Any information that you provide to Jolicloud is subject to our Privacy Policy which governs our collection and use of your information. The most current version will always be at http://www.jolicloud.com/privacy.

Misc

Links to other websites

Within this website there are links to websites and resources. Jolicloud is not responsible for the content of any linked websites. Inclusion of any links to other websites does not imply endorsement by Jolicloud of the website or their entities, products or services.

Disclaimer

Your access to and use of the Site, Content and Jolicloud Services and is at your own risk. Jolicloud will have no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of the Site, Content or Jolicloud Services.

This website and all information, CONTENTS and Jolicloud services on it are provided on an "as is" basis without warranty of any kind, whether implied or expressed. You are accessing and using this website, CONTENT AND THE JOLICLOUD SERVICES at your own risk. Jolicloud disclaims all warranties, express or implied, including without limitation, warranties of merchantability and fitness for a particular purpose. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM JOLICLOUD OR THROUGH THE SITE, CONTENT OR Jolicloud SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

You accept that JOLICLOUD may not be held liable for any consequential, special, or incidental damages, direct or indirect, resulting from the use of this site, COINTENT, JOLICLOUD SERVICES and any material that is downloaded or obtained through the use of this site and that the limitation of liability applies to Jolicloud and to its affiliated companies, principals, OFFICERS, directors, agents, and employees (“JOLICLOUD STAFF”). This includes, without limitation, any damage to computer systems, hardware or software, loss of data, or any other performance failures, any errors, bugs, viruses or other defects that result from, or are associated with the use of this website. JOLICLOUD IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, JOLICLOUD WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SITE OR THROUGH Jolicloud SERVICES, OR IF YOUR DATA IS LOST, CORRUPTED OR EXPOSED TO UNINTENDED THIRD PARTIES.

to the extent permitted by law, YOU AGREE THAT THE AGGREGATE LIABILITY OF JOLICLOUD TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE SITE, CONTENT AND/OR Jolicloud SERVICES IS LIMITED TO ONE-HUNDRED EUROS. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN JOLICLOUD AND YOU.

You agree to defend, indemnify, and hold Jolicloud and Jolicloud’ Staff, harmless from and against any claims, liabilities, damages, losses and expenses, including, without limitation, reasonable attorneys' fees and costs, arising out of or in any way connected with: (i) your access to or use of the Site, Content and Jolicloud Services; (ii) your violation of this Agreement or (iii) your violation of any third party right, including without limitation any intellectual property right, including but not limited to right of attribution, publicity, confidentiality, property or privacy right.

Term

The term of this agreement is unlimited and terminable at any moment providing a 90 days notice.

Termination

If Jolicloud thinks that You violate any of these Terms of Service and/or the privacy policy, your permission to use the Site, Content and Jolicloud Services will automatically terminate. Jolicloud reserves the right to revoke your access to and use of the Site, Content and Jolicloud Services at any time, with or without cause, and with or without notice and without prejudice to other rights. Jolicloud also reserves the right to cease providing or to change the Site, Content or Jolicloud Services at any time and without notice.

Update of the ToS

Jolicloud reserves the right to modify these Terms of Service at any time by publishing the revised Terms of Service on the Site, which shall become effective immediately. Your continued use of the Site and Jolicloud Services shall constitute Your acceptance to be bound by the terms and conditions of the revised version of the Terms of Service. If You do not wish to accept these revised Terms of Service, You are entitled to terminate Your account by contacting our customer support team, with effect from the date on which the revised Terms of Service would become effective.

Governing law

To the extent permitted by law, this Agreement and performance under it shall be governed by and construed in accordance with the law of France, without regard to any choice of law principles which would require the application of a different jurisdiction’s law. The United Nations Convention on the International Sales of Goods shall not apply hereto.

Language

The original English version of the TOS may have been translated into other languages. In the event of inconsistency or discrepancy between the English version and any other language version, the English language version shall prevail.

Jurisdiction

To the extent permitted by law, The Parties consent to the jurisdiction of the courts of Paris with appropriate subject matter jurisdiction. The Parties hereby irrevocably waive any objection which they may have to the laying of venue of any such proceeding brought in this court.