Terms
By accessing or using this web site, including any website owned or operated by Gaia Software SAS (“Gaia”) or its affiliates (collectively, the “Site” or “Cpulse.io”) in any manner, you are agreeing to be bound by these Website Terms of Use (the “Terms”) without any modification and to the exclusion of all other terms. You agree that you will be responsible for compliance with all applicable laws and regulations, including any applicable local laws. If you do not agree with any of these Terms, then you are prohibited from using or accessing the Site and should log off of it immediately. The materials contained on the Site are protected by applicable copyright and trademark law and other applicable proprietary rights and laws. If you are entering into these Terms on behalf of an entity, then you represent and warrant that you are authorized to bind such entity to these Terms.
The Site is available only to individuals who are at least 13 years old. You represent and warrant that if you are an individual, you are at least 13 years old, you are of legal age to agree to these terms and conditions or you have your parents’ permission to do so, and that all registration information you submit is accurate and truthful. Gaia may, in its sole discretion, refuse to offer the Site to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions.
Use Licence
Subject your full compliance with these Terms, permission is granted to temporarily access the information, materials, and other content on the Site (the “Content”) for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- • modify or copy the Content;
- • use the Content for any commercial purpose, or for any public display (commercial or non-commercial);
- • attempt to decompile or reverse engineer any software contained on the Site (except to the extent such restriction is prohibited by applicable law);
- • remove any copyright or other proprietary notations from the Content
- • transfer the Content to another person or “mirror” the Content on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by Gaia at any time. Upon terminating your viewing of the Site or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format. Gaia and its licensors own all Content.
Without limiting the foregoing, you shall not (and shall not permit any third party to) take any action or upload, download, post, submit, or otherwise distribute (or facilitate distribution of) any Content on or through the Site, that:
- • infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity;
- • is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane;
- • constitutes unauthorized or unsolicited advertising, junk, spam or bulk e-mail;
- • involves commercial activities and/or sales without Gaia’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
- • contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of the Site or any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to the Site or any system, data, password or other information of Gaia or any third party;
- • impersonates any person or entity, including any employee or representative of Gaia.
Additionally, you shall not:
- • take any action that imposes or may impose (as determined by Gaia in its sole discretion) an unreasonable or disproportionately large load on Gaia’s (or its third party providers’) infrastructure;
- • nterfere or attempt to interfere with the proper operation of the Site or any activities conducted on the Site;
- • bypass any measures Gaia may use to prevent or restrict access to the Site (or other accounts, computer systems or networks connected to the Site);
- • use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site.
Registration
As a condition to using certain aspects of the Site, you will be required to register with Cpulse.io and select a password and screen name (“Cpulse.io User ID”). You shall provide Gaia with accurate, complete, and updated registration information, and failure to do so shall constitute a breach of these Terms, which may result in immediate termination of your account. You shall not:
- • select or use as a Cpulse.io User ID a name of another person with the intent to impersonate that person;
- • use as a Cpulse.io User ID a name subject to any rights of a person other than you without appropriate authorization;
- • use as a Cpulse.io User ID a name that is otherwise offensive, vulgar or obscene.
Gaia reserves the right to refuse registration of, or cancel a Cpulse.io User ID in its sole discretion. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your Cpulse.io User ID password. You shall never use another user’s Cpulse.io User ID. You will immediately notify Gaia in writing of any unauthorized use of your Cpulse.io User ID or any other account-related security breach of which you are aware.
User Submissions
The Site may provide you with the ability to upload, submit, disclose, distribute or otherwise post (hereafter, “posting”) data, text, photographs, graphics, visualizations, videos, audio clips, written forum comments, software, scripts, works of authorship or other information or content, to the Site (“User Submissions”). By posting User Submissions on or at the Site, you agree to the following:
- • By submitting the User Submissions to Gaia, or displaying, publishing, or otherwise posting any content on or through the Site, you hereby do and shall grant Gaia a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Submissions in connection with the Site, and Gaia’s (and its successors’ and assigns’) business, including without limitation, for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites). You also hereby do and shall grant each user of the Site a non-exclusive license to access your User Submissions through the Site, and to use, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Site and under these Terms. For clarity, the foregoing license grant to Gaia does not affect your other ownership or license rights in your User Submission(s), including the right to grant additional licenses to the material in your User Submission(s), unless otherwise agreed in writing;
- • You represent and warrant that you own or otherwise control all rights to such User Submissions and that disclosure and use of such User Submissions by Gaia (including without limitation, publishing content on or at the Site) will not infringe or violate the rights of any third party;
- • You acknowledge and agree that: without limiting the licenses granted by you to Gaia with respect to your User Submissions, Gaia shall have the right to reformat, excerpt, or translate your User Submissions; all information publicly posted or privately transmitted through the Site is the sole responsibility of the person from which such content originated; Gaia will not be liable for any errors or omissions in any User Submission; and Gaia cannot guarantee the identity of any other users with whom you may interact in the course of using the Site.
You hereby grant Gaia a royalty-free, worldwide, transferable, sub licensable, irrevocable, perpetual license to use or incorporate into the Site any suggestions, enhancement requests, recommendations or other feedback that you provide to Gaia relating to the operation of the Site.
Gaia does not endorse and has no control over any User Submission. Gaia cannot guarantee the authenticity of any data which users may provide about themselves. You acknowledge that: all Content accessed by you using the Site and all User Submissions provided by you are is at your own risk, and you will be solely responsible for any damage or loss to any party resulting therefrom.
Gaia has no obligation to monitor the Site for User Submissions. Gaia may remove any User Submission at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Submission), or for no reason at all.
Disclamer
THE SITE AND ALL CONTENT ON THE SITE (INCLUDING WITH LIMITATION ANY USER SUBMISSIONS) ARE PROVIDED “AS IS”. GAIA MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND HEREBY DISCLAIMS AND NEGATES ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS. FURTHER, GAIA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE CONTENT ON THE SITE, OR OTHERWISE RELATING TO CONTENT ON ANY SITES LINKED TO THIS SITE.
Limitations
In no event shall Gaia or its directors, employees, agents, partners, suppliers be liable under any contract, tort, strict liability, negligence or other legal or equitable theory with respect to the Site or your use thereof for any direct damages in excess of one-hundred U.S. dollars ($100.00), or for any special, incidental, indirect, consequential or punitive damages, or for lost profits, lost opportunities, or interruption of business, even if Gaia or a Gaia authorized representative has been notified of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
Revisions and errata
The Content appearing on the Site could include technical, typographical, or photographic errors. Gaia does not warrant that any of the Content on its Site is accurate, complete, or current. Gaia may make changes to the Content contained on its Site at any time without notice; however, Gaia does not make any commitment to update the Content.
Links
Gaia has not reviewed all of the websites linked to the Site and is not responsible for the contents of any such linked website. The inclusion of any link does not imply endorsement by Gaia of such linked website. Use of any such linked website is at the user’s own risk, and you acknowledge that Gaia shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by on in connection with your use of such linked websites or any content or materials contained therein.
Indemnification
You shall defend, indemnify, and hold harmless Gaia, its affiliates and each of its, and its affiliates, employees, contractors, directors, suppliers and representatives from and against all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Site or otherwise from your User Submissions, your violation of these Terms, or infringement by you (or any third party using the your Gaia User ID) of any intellectual property or other right of any person or entity. Gaia reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Gaia in asserting any available defenses.
Modifications to site Terms
Gaia may revise these Terms at any time without notice by posting new terms and conditions to the Site. It is your responsibility to check the Terms periodically for changes. By using the Site, you are agreeing to be bound by the then-current version of these Terms.
Termination
Gaia may terminate your access to all or any part of the Site at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your Gaia User ID. If you wish to terminate your account, you may do so by following the instructions on the Site. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Governing Law; Dispute Resolution
Any claim relating to the Site shall be governed by the laws of France without regard to its conflict of law provisions.
Miscellaneous
These Terms are the entire agreement between you and Gaia with respect to the use of the Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Gaia with respect to the Site. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Gaia shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Gaia’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation. These Terms are personal to you, and are not assignable, transferable or sublicensable by you except with Gaia’s prior written consent. Gaia may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms, and neither party has any authority of any kind to bind the other in any respect.
If you have any questions regarding these Terms, the Gaia Privacy Policy (which is hereby incorporated into these Terms by this reference), or the information practices of the Site, please contact the Gaia team by mailing us at:
Gaia Software 17-21 Rue Saint Fiacre 75002 Paris privacy@gaia.com