| Application |
means the software (i) which enables the Publisher to host, publish and make available
the Content to Users, (ii) which shall be installed on a mobile device and (iii)
on which the Publisher holds exclusively all rights, including intellectual property
rights.
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| User Account |
means the account created by a User at any time in order to access Content with
restricted access.
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| Content(s) |
means text, video, photo, sound, data, database or any other content, created by
the Publisher's department for « CrisisCare » and made available through
the Application.
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| Personal Data |
means the set of personal information that the User disclosed for the creation of
a User Account and that the User accepts to communicate to the Publisher from time
to time within the general use of the Application.
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| Publisher |
means NUBYTOUCH, a company incorporated under the laws of France, registered
under company number RCS Paris 522 316 561, whose registered office is located
at 30 rue Jean Maridor, 75015 Paris, France.
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| User or You(r): |
means any person accessing or using the Application. |
| 4.1 |
The Application is free of charges. The Application and most of the Content are
made available in English and accessible to any person. Content may also be made
available in other languages than English.
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| 4.2 |
Publisher releases regularly new Content via the Application and reserves the right
to make changes to the published Content as required from time to time.
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| 4.3 |
You can download the Application through any website specified by Publisher. To
obtain full access to Content, Publisher requests You to create a User Account.
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| 4.4 |
The Application may include integration with various social networking sites, including
LinkedIn and Twitter. If You enable and use these features within the Application,
the extent to which You share information are governed by the general terms and
conditions of use of such social networking sites.
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| 4.5 |
The Application includes Push notifications to alert You when new Content is being
available via the Application.
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| 5.1 |
You acknowledge that Publisher is the sole owner of all rights and in particular
all intellectual property rights, i.e. all patents, database rights, copyright,
design rights (whether registered or unregistered), trade marks (whether registered
or unregistered), and other similar rights wherever existing in the world together
with the right to apply for protection of the same, related to the Application,
the Content and any trade names, logos, and trademarks included in them.
The trademarks and brand names referred to on the Application are the property of
and have been registered by NUBYTOUCH.
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| 5.2 |
None of the terms of the TOU hereof shall be understood as granting the User any
license to any intellectual property rights that Publisher could own or have the
exclusive right to exploit, except as expressly stated in the TOU.
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| 5.3 |
Subject to compliance with the TOU, Publisher grants You, as an end-user, for the
duration of protection of the Application, a worldwide license to download, install
and use the Application on any mobile devices for personal use and on a private
basis. Extraction, reproduction, distribution or any commercial exploitation of
all or part of the Application, by any method or process, is strictly forbidden
without the formal authorization of the Publisher.
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| 5.4 |
Subject to compliance with the TOU, Publisher grants You, as an end-user, for the
duration of protection of the Content, a worldwide license to view, download and
save Content on any device for personal use and on a private basis, excluding any
public viewing or use. Representation, reproduction or extraction of the Content
in violation of the granted rights, notably for commercial purposes is strictly
forbidden, without the written authorization of Publisher.
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| 5.5 |
Unauthorized use of the Content and/or the Application shall result in civil and
criminal sanctions stated by the French Intellectual Property Code under articles
L.335-2 and L.343-1.
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| 5.6 |
Reproduction of all or part of any trademarks, brand names and/or logos is forbidden,
except with the formal prior consent of NUBYTOUCH. The same applies to data bases
accessible from the Application.
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| 6.1 |
Collection of Personal Data. Publisher collects, as data controller,
Your Personal Data (i) when You create a User Account and (ii) when You connect
Yourself to the Application.
Publisher collects Personal Data for the purpose to give you access to specific
Content and/or to create statistics for business purposes. Further, Publisher may
use your Personal Data for commercial solicitation subject that You expressly agree
to it while accessing to the Application.
The Application includes a feature that enables You to request that Publisher sends
You Content per email. The email address(es) that You supply in connection with
this feature will be used only to send the requested Content and will not be stored
or used for any other purpose.
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| 6.2 |
Use of Personal Data. Publisher will not assign, lend to third
parties or otherwise commercially exploit Your Personal Data.
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| 6.3 |
Security and confidentiality. Publisher ensures that Your Personal
Data is only stored within the territory of the European Union, with certified hosting
and IT providers that follow corresponding data protection regulations and to implement
strict security measures.
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| 6.4 |
Your rights. In compliance with the applicable French and EU Data
Protection regulations, You have at any time a right to access, correct, modify
or delete the personal data You communicated to Publisher. You have the right to
request from the Publisher to cease any use of Your Personal Data. In particular,
You can unsubscribe from any newsletter by using the corresponding link inserted
in any email You receive from NUBYTOUCH.
You can also exercise Your right by sending an email to contact@nubytouch.com
or a mail to:
NUBYTOUCH - CrisisCare
30 rue Jean Maridor, 75015 Paris, France
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| 6.5 |
Registered Application. Publisher has filed the processing of Your
Personal Data through the Application with the French data protection authorities,
the CNIL.
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| 7.1 |
Publisher use reasonable commercial efforts to provide access to its Application,
but may interrupt access at any time, particularly for maintenance, updates and
any other technical reasons. In no case shall Publisher be held liable for these
interruptions and any consequences which may result for the User.
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| 7.2 |
You acknowledge that Publisher periodically deletes Content, which will then no
longer be accessible through the Application. However, subject to the granted rights
as defined in the TOU, You may download and save one (1) copy for personal use of
the Content locally on any device.
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| 7.3 |
Publisher does not charge You any fee for use of its Application. However, You have
to bear any costs charged by Your provider for use of Internet and data transfer.
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| 8.1 |
The Applivcation and Content are provided in their current form, on an "as is" basis.
Publisher does not warrant that the Application or the Content, or any element of
them will meet Your requirements, purpose and/or expectations, nor that it will
work without any failure or that it is free of viruses. You are responsible for
taking appropriate measures to protect Your data and/or software applications and/or
hardware from viruses.
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| 8.2 |
Publisher does not warrant that any of the information and/or material provided
as Content in the Application is accurate or exhaustive.
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| 8.3 |
Publisher does not provide any warranty in respect of the Application or the Content,
results, availability, and/or uninterrupted use of the Application due to any problem
or technical malfunction of any telephone network or lines, computer online systems,
servers or providers, computer equipment, software, failure of email or traffic
congestion on the Internet.
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| 9.1 |
You expressly acknowledge and agree that You must be selective in Your use of the
Content and bear all the related risks especially when You rely on the usefulness,
the complete nature and the services provided by this Content and carry out all
verifications under Your own responsibility.
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| 9.2 |
Publisher offers no guarantee of the reliability of the information of the Content.
Publisher shall not be held responsible for any Content of its Application. Publisher
shall not be held liable for any damage whatsoever arising from the use of the Application
and/or the Content by the User.
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| 9.3 |
The Application and/or Content may contain hypertext links to other web sites managed
by third parties. Publisher has no control of these web sites and cannot be responsible
for their content. Inserting the links does not mean that Publisher approves of
the content of these web sites.
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| 9.4 |
You acknowledge that: (i) the use of the Application is at your own peril especially
for data, files and software downloads which could corrupt your device. Publisher
cannot be liable especially for any data losses, computer bugs or damages corrupting
your device; (ii) Publisher shall not be held liable in case of damages attributed
to technical causes, and more particularly the unavailability of its Application
and/or Content or any defects affecting its operation; (iii) Publisher shall not
be held liable for any direct or indirect damages such as financial or commercial
loss, loss of profits, disruption to business, shortfall in earnings, losses or
any legal actions brought by a third party against the User or any issues whatsoever
which could arise from the use or the impossibility of use of the Application and/or
the Content.
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