Noosfeer is a content reader, syndicator and aggregator, hereafter referred to as "the Service" (including this Web site and all its applications), provided by Noosfeer SAS, hereafter referred to as "the Provider".
These Terms and Conditions are an agreement that is legally binding between the Provider and any natural or legal person who, as a recipient of the service, uses the Service for any purpose, hereafter referred to as "the User".
These General Terms and Conditions can be subject to additions by the Privacy and Data Protection.
From time to time, Noosfeer may change, remove, add to (including without limitation by way of Additional Terms) or otherwise modify the Terms, and reserves the right to do so in its discretion.
Individual terms and conditions and individual amendments to all terms and conditions are only binding if concluded in written form. Also, waiving this formal requirement can only be concluded in written form.
The Service is provided "as is" and the Provider disclaims any and all representations and warranties, whether express or implied, including - but not limited to - implied warranties of title, merchantability, fitness for any particular purpose or non-infringement. The Provider does not promise any specific results, effects or outcome from the use of the Service.
The Provider does not represent or warrant that the Service and the data and information provided are accurate, up-to-date, complete or reliable. The provider is not responsible or liable for any damage, disadvantage or disprofit, whether material or immaterial, that is caused by the usage or non-usage of the Service. This does not apply to damages, disadvantages and disprofits that are caused by the Provider intentionally, recklessly or negligently.
The Provider reserves the right to change, reduce, interrupt or discontinue the Service or parts of it at any time.
No one has a right to use the Service; the Provider reserves the right to exclude certain Users.
The Service consists largely of information stored on the request of Users.
The Provider neither previews nor automatically reviews such information. Therefore, the Provider cannot have current knowledge of possible infringements caused by information that is stored on the request of Users. The Provider is not liable for such information (Article 14 of Directive 2000/31/EC).
The Provider will, upon obtaining knowledge about or awareness of such infringement, act expeditiously to remove or disable access to such information.
Users may only request storage of such information that they may legally store and publish. Users must not request to store any information that infringes any third party's copyright, trademarks, other intellectual property rights or any other rights.
Users indemnify the Provider from any claims raised by third parties in reference to any information that is stored on request of the respective User. The indemnification covers all adequate expenditures, including court and lawyer fees.
If a user feels that any information provided within the Service infringes his/her or any third party's rights, he or she shall notify the Provider before taking any legal action.
Upon such notification, the Provider will expeditiously check the objectionable information and will, where necessary, remove or disable access to this information ("notice and take down" process).
The Provider will respond to any such notification within two business days.
Users shall not take any legal action before the Provider has dismissed the notification or two business days have elapsed without response.
The Provider disclaims liability for expenditures, including court and lawyer fees, if legal action is taken earlier.
Users agree not to use the Websites or Services to:
In addition, you may not (and may not authorize another party to): (i) frame or otherwise co-brand the Websites or Services (for example, by displaying a name, logo, trademark or other means of attribution of a third party that is reasonably likely to give the user the impression that that third party has the right to display, publish or distribute the Website or Service); or, (ii) use any Website or Service in any manner that could disable, overburden, damage or impair such Website or Service, or interfere with any other party’s use and enjoyment of any Website or Service.
All information provided within the Service by the Provider and by other Users may only be accessed manually by a natural person using ordinary Internet devices.
Users must not publish, share, sell or make available information that is provided within the Service by the Provider or by other Users to/with any third party.
Users must not store or process any other User's personal data for any other purpose than the natural purpose of such data being published within the Service by the respective User.
Marks for Goods and Services can possibly be used without any identification, such as the ® or TM symbols.
This does not mean that such marks were not registered trademarks or service marks or such marks were not protected by any applicable law.
Such trademarks and service marks are property of their respective owners and must not be used by Users in any infringing manner.
These Terms and Conditions, including its additions, are an agreement solely under the law of the law of the European Union (European Communities). The Provider and the User waive all other law, including the law at the place of residence or usage of the User and any international trade law.
Eventually, Noosfeer will create its own applicable Laws that will be indepedent from those of the eastern countries, always looking to improve the User's life and experience.
If any provision or provisions of this Terms and Conditions and its additions shall be held to be or become invalid, illegal, unenforceable or in conflict with the law of any applicable jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
a. Responsibility for Content. You understand that all material, data and information, such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images (collectively, “Content”) which you may have access to as part of, or through your use of the Noosfeer are the sole responsibility of the person from which such Content originated. This includes assertions that persons may make, expressly or impliedly, about the provenance and ownership of Content that they supply, upload, list and/or link to. You acknowledge that Noosfeer does not make any representations or warranties about the Content, including without limitation, about the accuracy, integrity or quality of the Content made available at the instigation of users. You understand that by using the Noosfeer, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances is Creative Commons liable in any way for any Content, including, but not limited to: any infringing Content, any errors or omissions in Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted to, linked to or otherwise accessible or made available via the Websites and Services.
b. Licenses Associated With Content on the Websites and Services.
c. Content You Provide. You may only submit Content to the Noosfeer that you have the right to submit. This means that you can only submit Content that you yourself create, that is in the public domain or that you have been expressly granted the right to submit consistent with the Terms. For the avoidance of doubt, Content that infringes the rights of any third party (e.g., Content used without express permission of the copyright owner and not otherwise permitted by law) must not be submitted. You represent, warrant and agree that no Content of any kind submitted, posted or otherwise shared by you on or through any of the Websites or Services, violates or infringes upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights, or contains libelous, defamatory or otherwise unlawful material.Noosfeer may, but is not obligated to, review your submissions and may delete or remove (without notice) any Content in its sole discretion that Noosfeer determines violates the Terms or that may be offensive, illegal, or that might violate the rights, harm or threaten the safety of others. Noosfeer does not endorse or support any Content posted by you or any other third party on or through the Websites or Services. You alone are responsible for creating backup copies and replacing any Content you post on the Noosfeer, and you authorize Noosfeer to make copies of your Content as we deem necessary in order to facilitate the posting of your Content on the Websites or Services. You may request the removal of your Content from the Websites or Services at any time, and Noosfeer will take reasonable steps to promptly remove such Content; provided, however, that Noosfeer can remove any such Content only from its Websites and cannot remove Content from email archives, wiki history pages and similar community forums where you may post content, or others’ computers, such as Content you may have sent to others in an email posted to a Noosfeer email list.
d. Use of Content on the Website or Services. You may use the Content you find on the Websites or Services in accordance with the terms of the license applicable to that Content. For the avoidance of doubt, you must attribute all Content (except public domain Content) in the manner specified by the author or licensor (including attribution to any designated Attribution Party) and in accordance with the terms of such license and you must not remove or alter any copyright, trademark, name or other notice or legend that appears in connection with the Content. You represent and warrant to Noosfeer that you will use any and all Content on our Websites or Services in accordance with the applicable license. You should be sure to review the terms of that license before you use the Content to which it applies so that you know what you can and cannot do. By using the Noosfeer, you agree that you are solely responsible for your use of any and all Content made available thereon. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the provenance, ownership, accuracy, completeness, or reliability of such Content. In this regard, you acknowledge that you may not rely on any Content made available on the Websites or Services without your own independent evaluation of that Content. Noosfeer does not guarantee that Content made available on the Websites or Services does not infringe the rights of any third party.
YOUR ACCESS OR USE OF ANY PAGE, WEBSITE OR SERVICE OF NOOSFEER IN ANY WAY SIGNIFIES THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS. By accessing or using any Page, Website or Service you also represent that you have the legal authority to accept the Terms on behalf of yourself and any party you represent in connection with your use of any Website or Service. If you do not agree to the Terms, you are not authorized to use any Website or Service within the doamin noosfeer.com.
Noosfeer (the "Provider") respects the intellectual property rights of third parties and responds to allegations that copyrighted material has been posted, uploaded or shared on or through noosfeer.com (the "Site") without authorization from the copyright holder in accordance with the safe harbor set forth in the Digital Millennium Copyright Act (DMCA). Noosfeer will also, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may infringe or repeatedly infringe the copyrights of others in accordance with the DMCA.