Terms and Conditions

Subject

These Terms and Conditions define how the services provided by PomDoc, hereafter referred to as “the Service”, are made available to Users and the conditions the Users accept when using the Service.

All access and/or use of the Service assumes that the User unconditionally accepts and respects all the terms presented in this text. They constitute a contract between the Service and the User.

If the User does not wish to accept all or some of the conditions presented in the Terms and Conditions, they shall be required to stop using the Service.

Legal Mentions

PomDoc is edited by:

POMELO-PARADIGM SAS, simplified stock corporation with a capital of €10.000 registered on the Paris Trade and Companies Register No. RCS PARIS 790 745 558, VAT No. FR 30 790745558.

PomDoc is hosted by:

ONLINE SAS, simplified stock corporation with a capital of €214 410,50, subsidiary of the Iliad group, registered on the Paris Trade and Companies Register No. RCS PARIS B 433 115 904, VAT No. FR 35 433115904.

Definitions

User: the “User” is any person using PomDoc or one of the services provided via PomDoc.

User Content: the term “User Content” designates the data shared by Users via the different sections of PomDoc including documents, images or any other kind of data.

Username: the term “Username” covers any information required to identify the User on PomDoc.

Password: the “Password” is a confidential piece of information, which Users keeps secret, enabling them to, when used in conjunction with the Username, identify themselves.

Access to the Service

The Service is available free of charge for any User with internet access. All the costs of accessing the Service (materials, software and internet access) are at the expense of the User. The User bears sole responsibility for the correct functioning of their computer equipment and internet access.

Pomelo-Paradigm reserves the right to refuse access to the Service, unilaterally and without prior notice, to any User not respecting the present Terms & Conditions.

Pomelo-Paradigm implement every reasonable measure at its disposal to ensure high quality access to the Service, but does not have any obligation to do this.

Furthermore, Pomelo-Paradigm cannot be held responsible for the dysfunction of the network, services or any event beyond its control that could prevent or degrade access to the Service.

Pomelo-Paradigm reserves the right to interrupt, momentarily suspend or modify without prior notice access to all or part of the Service for maintenance purposes or any other reason without this interruption providing grounds for any obligation or compensation.

Intellectual Property

“PomDoc” and “Pomelo-Paradigm” are the registered trademarks of Pomelo-Paradigm. Any unauthorized reproduction of these brands, logos or any distinctive graphic elements represents forgery punishable by criminal penalties. Violators expose themselves to civil and legal sanctions, particularly those stipulated in Articles L. 335.2 and L. 343.1 of the French Intellectual Property Code.

The User bears sole responsibility for the User Content he or she puts online via the Service, as well as any text written and/or opinion expressed. They are responsible for ensuring that this data is not likely to undermine the legitimate interests of third parties whoever they may be. As such, they absolve Pomelo-Paradigm from any claim, based directly or indirectly on this words and/or data, that could be brought against Pomelo-Paradigm. In particular, they agree to bear any costs, whatever they may be, resulting from a claim made by a third person against Pomelo-Paradigm, including lawyer and court fees.

Pomelo-Paradigm reserves the right to delete all or part of the User Content at any moment and for any reason without prior warning or justification. As such, the User cannot make any claims.

Personal Data

In order to protect the privacy of Users, Pomelo-Paradigm commits to collecting and treating personal data within PomDoc in accordance with laws n°78-17 of the French Data Protection Act of 6 January 1978 amended in 2004.

In accordance with Article 34 of the French Data Protection Act, Pomelo-Paradigm guarantees Users the right to oppose, access, change or delete any information about them.

To find out more about your privacy rights, read the “Privacy” page on the website. These guidelines also form part the present Terms and Conditions.

Liability

PomDoc is free service enabling Users to work on documents collaboratively. The Users are entirely responsible for the information published as User Content.

Consequently, the use of the information and content available on PomDoc will not engage, in any way, the liability of de Pomelo-Paradigm. The User bears sole responsibility for ensuring that the information published on PomDoc is used correctly and discerningly.

Furthermore, Users undertake to compensate Pomelo-Paradigm for any damaging consequences linked directly or indirectly to their use of the Service.

The Password chosen by the User is personal and confidential. Users undertakes to keep to their Password secret and not share it in any form. The use of the User’s Username and Password on the internet is undertaken at the User’s own risk. It is responsibility of the User to take the necessary measures to protect their data against any threats.

Pomelo-Paradigm nevertheless undertakes to implement any necessary measures to guarantee the security and confidentiality of the data shared. Users are informed that one or several cookies, containing no personal information, may be placed on their hard drive to help identify them.

The User recognizes the limitations and restrictions generated by the internet and, as such, recognizes the impossibility of guaranteeing the total security of the data exchanged. Pomelo-Paradigm cannot be held responsible for any damages caused by the sharing of any data including the Username and Passwords, via the Service.

Pomelo-Paradigm cannot, under any circumstances, subject to applicable law, be held responsible for the damage or loss, direct or indirect, material or immaterial, or of any nature, resulting from the Service being unavailable or from its usage. The term “Usage” must be understood in the broadest of terms, that is to say, any use of PomDom whether or not it is lawful.

The User undertakes, in general, to respect all the laws and regulations applicable in France.

Changes to the present contract

Pomelo-Paradigm reserves the right to modify the terms, conditions and mentions in this present contract at any moment.

It is advisable to regularly consult the latest version of the Terms and Conditions available on the website: www.pomdoc.com.

Length and termination of contract

This present contract is concluded for an indefinite period starting from when the User first uses the Service.

Applicable law and competent jurisdiction

The legal rules applying to the content and sharing of content on PomDoc are determined by French law. In the event of litigation, if an amicable agreement cannot be reached, only the French courts under the jurisdiction of the Paris Court of appeal shall be competent.