General Conditions of Use

 

FROG READER

 

 

Last updated 01/12/2020

 

The present general conditions of use (hereinafter the “GCU”) have as their object the legal framework of the modalities of provision of the computer platform called “FROG READER” edited by Majenat (RCS Nantes 817 437 155) and of define the conditions of access and use of FROG READER by users.

 

These general conditions of use are accessible on the site under the heading “GCU”.

 

Any use of the FROG READER platform entails the express and unreserved acceptance of these general conditions.

 

In the event of non-acceptance of these GCU, the user must renounce access to the services offered by the platform.

 

MAJENAT reserves the right to unilaterally modify the content of these GCU at any time; users are therefore invited to consult them regularly.

 

1 – LEGAL NOTICE

 

Owner : SAS Majenat – 106, route de Gachet, La Chantrerie, 44300 NANTES – FRANCE

TVA FR60817437155

Publication manager : Marion Berthaut, Présidente

Hosting : Pubcoder Srl, Via Cavour 11, 10123, Torino (Italia)

Responsible for personal data processing : SAS Majenat

 

2 – DEFINITIONS

 

Books

means books in audio format and in FROG format included in the User’s selections.

Plateforme

désigne la plateforme informatique dénommée FROG READER qui permet aux Utilisateurs de consulter les Livres via une interface web et une application pour terminaux mobiles sous iOS et Android qui en font partie.

Utilisateurs

désignent les utilisateurs accédant à la Plateforme pour consulter les Livres.

 

3 – DESCRIPTION OF SERVICES

 

MAJENAT publishes a computer platform called FROG READER for individuals allowing them to access a library of digital books in audio format and in a format called “FROG” (Free Cognitive eBook) designed to promote their cognitive accessibility.

 

The FROG READER platform is accessible to the User via a web interface and an application for mobile devices running on iOS and Android, for the purposes of consultation of the Books by Users.

 

4 – ACCESS TO THE PLATFORM

 

To access the Platform and the Books, Users must install the dedicated “FROG READER” application on their mobile device, create a personal account by entering their email address and a password to define, then add a book to their space. library staff by connecting to the Platform using one of the activation codes transmitted.

 

Users whose account is created can remotely access the Books by connecting to their personal account on the dedicated application “FROG READER” by entering their username and password and access the Books on the Platform using the application. dedicated on their mobile terminal.

 

Users freely use the Platform within the limits of the right of use granted by MAJENAT.

 

Any access to the Platform using Users’ access codes will be deemed to have been made by them. In this case, the User will be solely responsible for all acts carried out on and through the Platform and for any resulting damaging consequences and releases MAJENAT from any liability in this regard.

 

The User undertakes to immediately notify MAJENAT of any unauthorized access to an activation code or of any unauthorized access to the Platform with such an activation code, so that MAJENAT can take any appropriate precautionary measure in accordance with the user.

 

The User is responsible to MAJENAT for compliance with the T & Cs. As such, the User will be responsible for any damage caused to MAJENAT or to a third party by a breach of an obligation of the User under the GCU.

 

5 – AVAILABILITY AND CORRECTIVE MAINTENANCE OF THE PLATFORM

 

MAJENAT undertakes to ensure a satisfactory level of availability of the Platform.

 

The User may report any malfunction of the Platform to MAJENAT by e-mail to the address “contact@mobidys.fr”, endeavoring to specify the description of the malfunction (in particular the action taken, the expected result and the result), the date, time and conditions of its occurrence as well as the means of reproducing it.

 

MAJENAT undertakes to take into account any report of malfunction of the Platform during its working days and hours. MAJENAT undertakes to make its best efforts to provide a solution to any reproducible and documented dysfunction within a reasonable period of time. The resolution of the malfunction may consist in particular in the implementation of a workaround or in the development of a fix.

 

6 – PLATFORM ADMINISTRATION AND MAINTENANCE

 

MAJENAT does its business and freely ensures the administration and preventive, corrective and progressive maintenance of the Platform, apart from the corrective maintenance of malfunctions reported by the User.

 

In this regard, MAJENAT is free to carry out any maintenance operation to prevent potential malfunctions, to develop and install patches to correct malfunctions observed by it and to develop and install updates and new ones. versions of the Platform.

 

MAJENAT may suspend access to the Platform for the purposes of administration operations or maintenance of the servers or the Platform. MAJENAT will endeavor to inform the User of the suspension of access to the Platform and to carry out his intervention at periods and under conditions such as to minimize the inconvenience caused to the Users.

 

7 – INTELLECTUAL PROPERTY

 

Intellectual property rights on the Platform and the Books

 

MAJENAT and its licensors own all intellectual property rights over the FROG format, the Platform and all the elements that make it up, such as programs, texts, illustrations, logos and brands, with the exception of Books.

 

All the elements composing the Books, with the exception of the FROG format, are the intellectual property of their respective publishers.

 

Access to the Platform does not entail any transfer of ownership of intellectual property rights over the above elements for the benefit of the User, who only benefits from the right of use granted below.

 

The User undertakes to do nothing and not to allow anything to be done that could infringe the aforementioned rights of MAJENAT, its licensors and publishers.

 

Right of use granted to the User

 

MAJENAT grants the User the right to access and consult the Books, through an electronic communication network for the whole world, within the limit of the activation codes provided.

 

The right to access and consult the Books is limited to Users. Any other user of the Platform will be considered a user without rights.

 

The User is prohibited from performing any other act on the Platform and the Books, under penalty of infringement. As such, the User is prohibited in particular:

  • use the Platform and the Books in a manner inconsistent with their intended purpose or the terms of the Contract;
  • to assign or transfer its right to access the Platform or to access and consult the Books or allow any third party to access the Platform or to access and consult the Books;
  • to intervene on the Platform to correct any anomalies insofar as MAJENAT reserves the right to correct them;
  • to perform reverse engineering or decompilation in order to arrive at the source code of the Platform

 

8 – GARANTIES

 

MAJENAT guarantees that it has obtained the right to adapt and / or distribute the Books in audio format and in FROG format via the Platform.

 

Therefore, in the event of a request or action by a third party directed against the User on the grounds that a Book would infringe his intellectual property rights, the User will inform MAJENAT in writing, as soon as possible, of the existence of such a request or action and will communicate to MAJENAT all information relating to this request or action.

 

In this case, MAJENAT may obtain, at its expense, the right for the User to continue to use the Book in question.

 

In any event, MAJENAT will bear all damages that could be charged to the User by virtue of a court decision that has become final or a transaction, which would impute the responsibility for the infringement. third party rights to MAJENAT, subject to compliance with the following conditions:

  • the User will have informed MAJENAT as indicated above;
  • the User will cooperate with MAJENAT in all matters relating to the settlement of the request or action;
  • the User will not take a position contrary to that of MAJENAT in the direction of defense or any negotiation with a view to a transaction. 

 

The guarantee of peaceful enjoyment of the Books can only be applied if the User has used the Platform and the Books in accordance with the GCU.

 

MAJENAT guarantees that the Platform does not infringe the intellectual property rights of third parties. Consequently, MAJENAT guarantees the User under the same conditions as above against any request or action by a third party based on the fact that the use of the Platform in accordance with the T & Cs would infringe his intellectual property rights.

 

This clause constitutes the User’s sole recourse against MAJENAT under the legal guarantee of peaceful enjoyment.

 

9 – PERSONAL DATA 

 

Personal data processed by MAJENAT on its behalf

  

MAJENAT records personal data, including the first name, last name and e-mail address of Users.

 

MAJENAT processes this personal data for the purposes of managing access to the Platform, providing the Platform and, more generally, for the needs of the relationship with the User.

 

The above personal data is intended only for corporate officers and employees of MAJENAT in charge of these tasks. They can be sent to the companies of the group of which MAJENAT is a part and to MAJENAT’s co-contractors likely to intervene for these tasks.

 

MAJENAT keeps Users’ personal data for the duration of use of the Platform and for a period of three (3) years from the end of use. MAJENAT then keeps in intermediate archives the personal data necessary for the exercise of a right and for the proof of this right for the duration of the applicable limitation periods or by virtue of the legal obligations to which it is subject.

 

MAJENAT stores the personal data of the persons concerned on the host’s servers, which are located on the territory of the European Union.

 

In accordance with the legislation applicable in France to the protection of personal data, namely the law of January 6, 1978 relating to computers, files and freedoms as amended by subsequent laws and the Regulation of April 27, 2016 relating to protection of individuals with regard to the processing of personal data and on the free movement of such data (hereinafter “Applicable Law”), any natural person concerned by such processing of personal data may, within the limits and conditions of the Applicable Law:

  • obtain communication and, where applicable, rectification or erasure of personal data concerning him;
  • obtain the limitation of the processing of his personal data;
  • object to the processing of their personal data;
  • obtain a copy of his personal data in a structured and common format for transmission to another controller;
  • inform MAJENAT of its specific instructions on the fate of his personal data in the event of death; failing this, his heirs may assert the rights they hold under the Applicable Law, in accordance with the terms below.

 

The natural person concerned can exercise one or the other of these rights by contacting MAJENAT (contact@mobidys.fr), and by proving his identity. The costs related to the exercise of these rights, in particular to extract or copy personal data, will be invoiced by MAJENAT in the event of an unjustified or excessive request.

 

In addition, MAJENAT may interrupt the provision of the Platform as of right and without legal formalities, by registered letter with acknowledgment of receipt, in the event that it no longer has the personal data necessary for its execution as a result of the exercise of any of the above rights.

 

The natural person concerned also has the right to lodge a complaint with the CNIL or any other competent supervisory authority in the event of a dispute concerning the above processing of their personal data.

 

10 – APPLICABLE LAW – DISPUTES

  

Users’ attention is drawn to the fact that any translation of these GCU would be provided for their convenience only. In the event of any inconsistency or contradiction between the French version and its possible translation, the French version will prevail. These general conditions are subject to French law. In the event of a dispute, the Nantes Commercial Court will have sole jurisdiction, even in the event of summary proceedings, guarantee appeal or multiple defendants.

 

« Any use of the Platform implies unreserved acceptance of the general conditions of use accessible on the website “www.mobidys.fr” »