PREAMBLE - DEFINITIONS
ARTICLE I - OBJECT
ARTICLE II – REGISTERING ON SITE
ARTICLE III - MEMBERS' RIGHTS AND UNDERTAKINGS
ARTICLE IV - VIDEO TUTORIAL PRICE
ARTICLE V – PAYMENT METHODS
ARTICLE VI – VIDEO TUTORIAL DELIVERY METHODS
ARTICLE VII – TERM
ARTICLE VIII – TERMINATION
ARTICLE IX – RESPONSIBILITIES
ARTICLE X – WARNING
ARTICLE XII – WEBSITE USE
ARTICLE XIII – PERSONAL INFORMATION
ARTICLE XIV – SETTLEMENT OF DISPUTES - APPLICABLE LAW
ARTICLE XV - ADDRESSES OF RECORD:
ThermOver SAS (hereinafter referred to as ThermOver), a company registered in the Toulon Trade and Corporate Register under Number 51750217500030, having its address of record at 6 Place Raimu, 83000, Toulon, shall offer an online sales platform dedicated to IT video tutorials by enabling a free or fee-based playback and download of instructional videos on software associated with the digital domain.
ThermOver puts Authors (hereinafter referred to as "Contributors") of instructional videos on software related to the digital domain (hereinafter referred to as "Video Tutorials") in contact with Purchasers of licenses to use such Video Tutorials.
This Service enables everyone to learn to use a program, to share or sell know-how related to the digital domain.
The Site offers a platform open to every Internet user visiting the site as well as a private space reserved for members properly registered on the site and therefore, able to gain access to all of ThermOver's offerings and services.
The Site includes a space for Members as well as a space for Contributors.
PREAMBLE - DEFINITIONS:
Purchaser : A Member that has decided to purchase or watch one or more Video Tutorial Licenses offered through the Site.
Account: Account held by ThermOver for each Member, in particular showing the Credits available to him or her.
Contributor or Author: Creator of instructional videos on software having to do with the digital field and registered on the Site to sell user licenses for the videos created.
Credit: Virtual currency enabling a Member to pay for his or her purchases using "prepayment".
Source files: work files provided with the Tutorial.
License: Contract defining the rights to use granted with respect to a Video Tutorial. The contents of a License are described in Article 3-1 hereunder.
Parties: refers to ThermOver and the Members
Video Tutorial: Instructional video on a software item related to the digital domain, created by a Contributing Member, and protected under the intellectual property law the license to which is being offered for sale through the ThermOver Site.
Service: Collection of facilities put in place by ThermOver as well as ThermOver's services to put Contributors in touch with Video Tutorial License Purchasers.
Website or Site: Internet site operated by ThermOver, accessible at Tuto.com, and used to provide the Service of putting Contributors in contact with Purchasers of Video Tutorial Licenses.
ARTICLE I - OBJECT:
ARTICLE II – REGISTERING ON SITE:
Prior to any sale or purchase of Video Tutorial Licenses, an Internet user must register on the Website. The registration procedure shall follow the conditions and use the methods described below.
2-1. Capacity as Contractor:
Registration as Member on the Website is open to any natural or legal person legally competent to enter into contracts.
At registration, legal entities shall be required to guarantee that the persons acting in their name have sufficient authority to commit the legal entity.
Minors may purchase Video Tutorial Licenses on the Site provided that such purchases remain the "activities of daily living".
2-2. Providing Personal Information
An Internet user is required to provide information about him or herself (last name, first name, email address, etc.).
This information collected by ThermOver shall meet the criteria set forth in the provisions of of the Information Technology and Civil Liberty Act of January 6, 1978.
2-3. Selecting User Name and Password:
When registering, each Member shall provide a user name, a valid email address, and a password. The user names and passwords shall be personal and confidential.
Each Member shall be fully responsible for the use and the protection of his or her user names and passwords.
Each Member shall undertake to employ his or her best efforts to keep his or her user names and passwords secret and not to disclose same to anyone.
Any loss or involuntary disclosure of an item likely to enable a third party to learn a Member's user names and passwords shall be brought to the attention of ThermOver immediately and in writing such that the latter could proceed to changing the user names and passwords.
2-4. Accepting General Conditions of Use:
ARTICLE III - MEMBERS' RIGHTS AND UNDERTAKINGS:
In their capacity as Members, Internet users shall have access to ThermOver offers and services in their entirety.
Under these circumstances, a Member will be able to acquire Video Tutorial Licenses and become a Contributor should he or she wish to do so.
3-1. Using Video Tutorial Licenses:
Through the grant of a Use License, the Contributor shall authorize the download or playback of the Video Tutorial.
The Member shall expressly acknowledge that Video Tutorials can only be downloaded or played back through the Site and/or Players provided by ThermOver. To protect its Contributors, ThermOver does not allow videos to be played back using other players.
Playback is unlimited.
Downloads are unlimited.
This Use License shall not transfer ownership of the object or the right to exploit, reproduce, or re-present outside of the immediate family and strictly for personal use.
3-2. Members' Undertakings:
Each Member shall undertake not to use the Tutorial or its source files for business purposes, resale, or distribution, whether free of charge or for a fee with the proviso that he or she is free to use commercially any knowledge obtained by the licensee through the use of the Tutorial; and not to permit that a Video Tutorial be used by multiple persons in a corporation (with the exception of TUTO's specific group usage application managed through the pro.tuto.com website).
Video Tutorials may not be modified, reproduced, or re-presented for any other purpose than strictly personal use.
3-3. Restrictions and Bans:
Members shall not be allowed to download, send, transmit, or distribute through the Website any content:
likely to injure the personal dignity of others;
of an injurious or defamatory nature;
of a pornographic or pedophile nature;
advocating crimes against humanity;
inciting to commit crimes or offenses;
inciting to racial hatred or discrimination;
injurious to any person's private life or rights to maintain an image;
injurious to third-party intellectual property or similar rights;
injurious to the rights of database developers;
constituting misleading or comparative advertising;
advertising tobacco, alcohol, or medications;
containing a virus or any other software likely to damage, destroy,or alter systems, software, data files, or data, etc. belonging to ThermOver or other Members;
of an illegal nature, in general.
This ban shall also apply to content accessed through hypertext links provided by Members on the Tuto.com Site.
3-4. Warranty on Information Provided:
Each Member shall warrant that the information he or she provides is true and correct.
ARTICLE IV - VIDEO TUTORIAL PRICE:
Each Video shall be invoiced at the price in effect at the time it is purchased by a Member.
Prices computed from the prepayment formulas provided on the Site may be consulted in this regard.
The prices are denominated in Euros and include all taxes, such as the effective French VAT.
ARTICLE V – PAYMENT METHODS:
There are two methods to purchase a Video Tutorial online:
Using a prepaid formula whereby a Member has an account with a positive balance,
By paying the Video unit price directly.
5-1. Purchasing credits:
Credits may be purchased on the Site:
using a bank card (cards belonging to the Carte Bleue, Visa, Eurocard/Mastercard networks are accepted);
Credits are granted once the payment clears. Each Purchasing Member shall hereby acknowledge being aware that his or her orders for Credits will not be registered or processed until after the receipt of the amount due as of the date the order is made.
Once the amount due is received, ThermOver shall credit the Member's Account for the Credits purchased.
5-2. Credit Expiration and Validity:
Purchased Credits have a limited life span of 1 (one) year from their date of purchase. Once this period has expired, Credits cannot be used any longer, and their value is lost.
ThermOver shall under no circumstances be liable for failure to use the Credits before their expiration.
ThermOver shall inform the Member by mail of the expiration date of his or her credits during the month preceding such a date.
5-3. Cancellation of Purchased Credits:
ThermOver shall reserve the right to cancel a sale if such a sale has taken place by means of a fraudulent payment.
ARTICLE VI – VIDEO TUTORIAL DELIVERY METHODS:
Video Tutorials shall be made available through online playback.
Pursuant to Article L.121-20-2 of the Consumer Code, Purchasing Members shall not have the right to cancel, given that this right cannot be exercised whenever product is delivered before the expiration of a period of seven full days.
ARTICLE VII – TERM:
ARTICLE VIII – TERMINATION:
Either Party may terminate this contract at any time by way of a simple notification (by email or registered letter with return receipt) addressed to the other Party.
ThermOver shall reserve the right to terminate this contract at any time in the event that Members fail to perform their undertakings and the warranties the Member is responsible for.
8-2. Effects of Termination:
The Member's account shall be closed, his or her logins and passwords shall be deleted.
All the information and the Video Tutorials in the terminated Member's account shall be deleted in the shortest possible time but no later than two weeks following the receipt of a notice of termination.
Termination of the Contract binding the Member does not give rise to the right to be reimbursed for unused credits.
ARTICLE IX – RESPONSIBILITIES:
9-1. Responsibility When Provided with Member Information:
It is a Member's responsibility to make sure that the information he or she provides is correct. Under no circumstances shall ThermOver be held responsible if, for example, a Purchasing Member fails to receive a video for which he or she has purchased a License because of an error on his or her part in entering his or her information.
9-2. Responsibility Regarding Disclosure of User Names and Passwords:
Under no circumstances shall ThermOver be liable for damages related to the loss or disclosure of Members' unique user names and passwords.
9-3. Responsibilities with Respect to Video Tutorial Contents:
ThermOver shall under no circumstances be responsible for the contents of the Video Tutorials, especially their instructional relevance. Therefore, each Purchaser is welcome to play back, prior to any purchase, the Video Tutorial trailer posted to the Site and to review the Tutorial description section.
9-4. Damages Incurred or Resulting from a Video Tutorial:
ThermOver may not be held responsible for damages incurred or resulting from a Video Tutorial whether such damages are tangible, intangible, consequential, or otherwise.
ARTICLE X – WARNING:
10-1. Prerequisites to Using Site
The Service of establishing connections for Purchasers of Video Tutorial Licenses is not available except to persons with sufficiently powerful computer systems enabling them specifically to download files containing the Video Tutorials. Computer system requirements for Members' systems are listed in the "minimum configuration" section of the Website.
The Members shall acknowledge having reviewed such requirements.
10-2. Internet Limitations:
The Members shall declare that they know the Internet, its characteristics, and limitations well and acknowledge:
that transmission of data over the Internet is not totally reliable from the technical standpoint, given that data circulates over heterogeneous networks with non-uniform technical characteristics and capabilities which are sometimes saturated at certain times of day;
that data circulating over the Internet are not protected and could possibly be waylaid and that, also, all information is transmitted by Members at their own risk and peril.
ARTICLE XII – WEBSITE USE:
12-1. Website Malfunctions:
ThermOver shall nor be responsible in the event that an Internet user is unable to open the Site for reasons such as maintenance activities or his or her access is interrupted at any time whatsoever, or if any failure outside of its control prevents an activity from being completed. ThermOver does not guarantee that the Site is free from computer viruses or other anomalies beyond its control.
12-2. Website Availability and Access:
Given that ThermOver has obligations with respect to the means rather than the result, it shall undertake to employ its best efforts to guarantee continuous access to the Site 24/7 save for maintenance periods and possible malfunctions.
Any interruption for maintenance activities expected to take more than 24 hours will be communicated to Members by electronic mail twenty-four (24) hours in advance.
12-3. Intellectual Property Rights Associated with Website:
All the Site contents and all the associated intellectual property rights shall be the property of ThermOver with the exception of the rights to the Video Tutorials and the relevant ancillaries. No rights shall be granted the Internet users with respect to the contents and the intellectual property of the Website. Any unauthorized commercial use of the contents of the Website, or any part thereof, and the associated intellectual property rights may result in legal action. The word "Tuto" is a Registered Community Trademark.
ARTICLE XIII – PERSONAL INFORMATION:
The information provided by a member at the time of registration on the site is of a personal nature.
It shall be specified that pursuant to Article32 of the Information Technology and Civil Liberty Act of January 6, 1978, information that ThermOver cannot do without is marked with an asterisk. Other information that may be required and for which entry is optional is designed to provide better knowledge of the Internet user and to improve his or her service offering.
Each Member's personal information is processed by ThermOver which shall undertake to assure an adequate level of protection for the information provided and to guarantee that private life as well as fundamental personal liberties and rights are safeguarded.
Each Member shall have the right to object to, access any personal information having to do with him or her as well as to have such personal information modified, corrected, and deleted (Articles 38 and 40 of the Information Technology and Civil Liberties Act of January 6, 1978). Each Member may exercise his or her rights by sending a registered letter with return receipt to the person responsible for data processing at ThermOver's registered address or by email to email@example.com. Unless there are objections by Members, ThermOver is likely to send to such Members at their postal and/or electronic addresses offers for products and services.
When requested by a Government agency and subject to the conditions set forth in the relevant current regulations, ThermOver may be brought to provide a Member's personal data.
ARTICLE XIV – SETTLEMENT OF DISPUTES - APPLICABLE LAW:
14-1. Applicable Law:
14-2. Competent Tribunal:
If a Member is a business person or a foreign national, it shall be agreed that all disputes related to the writing, validity, construction, performance, and termination of the Contract by and between such a Member and ThermOver that the Parties are unable to resolve amicably shall be subject to the jurisdiction of the COMMERCIAL COURT OF PARIS. It shall be expressly agreed by the Parties that this clause shall also apply in the event of summary interlocutory relief, multiple respondents, or a warranty being invoked.
ARTICLE XV - ADDRESSES OF RECORD:
The Parties shall elect to use their respective current locations and corporate addresses as addresses of record.