Icepad Online General Terms of Use

A Versusmind’s service

Preamble

Versusmind SAS, located 20 rue Isabey - 54000 Nancy - France under the SIRET 489 533 489 000 30. VMsoftware is a department VersusMind SAS company, specialised in developpement and softwares edition. Icepad is the combisation of a Content Management System on the Internet Web (The Site”) and a tablet application (the “App”), that is proposed by VMsoftware.

These Terms of Use govern your access to and use of Icepad Content Management System (the “Site”) and tablet application (the “App“), any information, text, graphics, or other materials created and/or provided by Icepad and appearing on the Site and App (the “Content”), Files (as defined below) and any services and/or software provided through the Site and App or by Icepad (the “Services”). These Terms of Service limit Versusmind’s liability and obligations to you, grant Versusmind certain rights and allow Versusmind to change, suspend or terminate your access to and use of the Site, App, Content, Files and Services. Your access to and use of the Site, App, Content, Files and/or Services are expressly conditioned on your compliance with these Terms of Service. By accessing or using the Site, App, Content, Files and/or Services you agree to be bound by these Terms of Service.

You understand that by clicking the “i agree” button, by using the site, app, content, files and/or services or your account you are agreeing to be bound by these terms of service. If you do not accept these terms of service in their entirety, you may not access or use the site, app, content, files or services. If you agree to these terms of service on behalf of a business, you represent and warrant that you have the authority to bind that business to these terms of service and your agreement to these terms will be treated as the agreement of the business. In that event, “you ” and “your” will refer and apply to that business.

Types of Accounts

Currently, Icepad offers 3 types of accounts :

  • Free
  • Flexible plan
  • Annual plan

Each type of account has specific features. The latest information on the types of accounts that Icepad offers and the costs involved can be found on Icepad. Icepad reserves the right, at any time, to change these restrictions and / or impose fees for access to and use of the Site, App, Content, Files and/or Services.

Files and Folders

“Your Files” or “User Files” (collectively, the “Files”) as used in this Agreement means the information contained in the files that you or other users upload, download and access through the Site, App and Services. You are the owner of Your Files and are therefore solely responsible for your conduct and the content of Your Files, as well as any of the content contained in your communications with other Icepad users.

Icepad allows you to distribute some or all of Your Files that you have uploaded to the Site and or App. If you choose to, you can share all or some of Your Files with specific individuals you select. If you decide to share Your Files, you are giving certain legal rights, as explained below, to those individuals who you have given access to your folders and Content.

Versusmind does not claim any ownership rights in Your Files. You acknowledge that Versusmind does not have any obligation to monitor the Files or messages submitted or otherwise transmitted using the Site, App or Services, for any purpose. As a result, Versusmind is not responsible for the accuracy, completeness, appropriateness, legality or applicability of the Files or anything said, depicted or written by users in the Internal Notifications, including without limitation, any information obtained by using the Site, App or Services. Versusmind does not endorse anything contained in the Files or Internal Notifications or any opinion, recommendation or advice expressed therein and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Icepad with respect thereto. In case of complaint, Versusmind is entitled to temporarily remove the incriminated Files or block the access to these Files. Such action does not imply in any way any recognition of the Files being incriminating.

Your asset library

While you own the content contained in Your Files, files uploaded into the Asset Library of the Site are available to those users to whom you grant access. By placing Your Files in the Asset Library, you agree and acknowledge that Versusmind has no responsibility or obligation to monitor or notify you of any non-compliance related to the rights or license you may choose to grant to other users who have access to your Asset Library, if any, and that Versusmind has no responsibility to enforce or police, or aid you in enforcing or policing, the terms of the license(s) or permission(s) you have chosen to offer.

Your responsibilities

You should be aware that Files may be protected by intellectual property rights which are owned by the Icepad user who uploaded the file in the Asset Library. You may not modify, rent, lease, loan, sell, distribute or create derivative works based on the content(s) (either in whole or in part) of files uploaded in the Asset Library by another user unless you have been specifically told that you may do so by the rightful owner of that File, in a separate agreement.

You acknowledge and agree that you should not rely on the Site, App, Content, Files and Services for any reason. You further acknowledge and agree that you are solely responsible for maintaining and protecting all data and information that is stored, retrieved or otherwise processed by the Site, App, Content, Files or Services. Without limiting the foregoing, you will be responsible for all costs and expenses that you or others may incur with respect to backing up, and restoring and/or recreating any data and information that is lost or corrupted as a result of your use of the Site, App, Content, Files and/or Services.

Accounting Security

As a Icepad user you are solely and entirely responsible for safeguarding the password that grants you access to the Site, App, Content, Files and Services. You agree not to disclose your password to any third party. You agree to take sole responsibility for any and all activities or actions under your password, whether or not you have authorized such activities or actions. You will immediately notify Versusmind of any unauthorized use of your password (complaint@Icepad.org). You acknowledge that if you wish to protect your transmission of data and/or files to Icepad, it is your responsibility to use a secure encrypted connection to communicate with and/or utilize the Site, App, Files and Services.

Your Use of the Service

Versusmind grants you a limited, nonexclusive, non-transferable, revocable license to use the Site, App, Content, Files and Services subject to the restrictions set forth in these Terms of Service.

Versusmind Property and Feedback

All right, title, and interest in and to the Site, App, Content, and Services are and will remain the exclusive property of Versusmind, including all Intellectual Property Rights therein, even if Icepad incorporates any of your Feedback (as defined below) into subsequent versions. The Site, App, Content, and Services are protected by copyright, trademark, and other laws of both France and foreign countries. Unless expressly permitted in these Terms of Service, you may not reproduce, modify or prepare (derivative) works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Site, App, Content, or Services. You may not copy or modify the HTML or other code used to generate web pages on the Site.

Knowledge of internet

The Customer declares knowing the characteristics and limits of internet as described hereunder :

  • that the data transmissions on Internet only benifits from a relative technical viability, these being on heterogeneous networks with characteristics and various technical capacities. Therefore, nobody can assume the good functionning of Internet.
  • that the data circulating on Internet are not protected against eventual rerouting and that, the password communication, confidential codes and more generally, of all information with a sensitive level is done by the Customer at his own risks.
  • that it belongs to him to take any appropriate mesure to protect his own data and/or software stored on his servers from contamination of viruses such as intrutions attemps in his computer system by third persons via their access services.

In consequence of everything said before, and in the perfect knowledge of Internet characteristics, the Customer renounces to engage VMsoftware responsability regarding one or several of these facts aforementionned. The Customer is the only responsible of damages and prejudices directs or indirects, materials or immaterials, caused by himself (or his employees), to VERSUSMIND from the illegal use of his servers hosting the Icepad solution. In the cases before mentionned, the Customer is to compensate VMsoftware for any condemnation against it, should there be a payment of interests and damages (lawyer fees included). Also, the Customer is to refund VMsoftware from the fees occured by the repair of the damages he caused.

General Prohibitions

You agree not to do any of the following while using the Site, App, Content, Files or Services:

Post, publish or transmit any text, graphics, or material that:

  • is false or misleading;
  • is defamatory;
  • invades another's privacy;
  • is obscene, pornographic, or offensive;
  • promotes bigotry, racism, hatred or harm against any individual or group;
  • infringes another's rights, including any intellectual property rights; or
  • violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
  • Access, tamper with, or use non-public areas of the Site, App or Icepad's computer systems, or the technical delivery systems of Icepad's providers;
  • Attempt to probe, scan, or test the vulnerability of any system or network or breach any security or authentication measures;
  • Attempt to access the Site, App, Content, Files or Services with any engine, software, tool, agent, device or mechanism other than the software and/or search agents provided by Icepad or other generally available third-party web browsers (such as Microsoft Internet Explorer or Mozilla Firefox), including but not limited to browser automation tools;
  • Send unsolicited email, junk mail, “spam,” or chain letters, or promotions or advertisements for products or services;
  • Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, App Content, Files or Services to send altered, deceptive or false source-identifying information
  • Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, App, Content, Files or Services;
  • Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site; or plant malware on Icepad's computer system, those systems of Icepad's providers, or otherwise use the Site, App, Content, Files or Services to attempt to distribute malware; or Impersonate or misrepresent your affiliation with any person or entity.

Versusmind will have the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and Site security issues, to the fullest extent of the law. VERSUSMIND may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Service. You acknowledge that Versusmind has no obligation to monitor any user's access to or use of the Site, App, Content, Files and Services, but has the right to do so for the purpose of operating the Site, App and the Services, to ensure users' compliance with these Terms of Service, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.

Digital Millennium Copyright Act Compliance

You will only upload, post, submit or otherwise transmit data and/or files: (i) that you have the lawful right to use, copy, distribute, transmit, or display; or (ii) that does not infringe the intellectual property rights or violate the privacy rights of any third party (including, without limitation, copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity). Versusmind has adopted and implemented a policy that permits the deletion of files that violate this policy, and that permits the termination in appropriate circumstances of the accounts of users who repeatedly infringe or are believed to be or are charged with repeatedly infringing the rights of copyright holders.

Respecting Copyright When Using the Asset Library

By using the Asset library on the Site you guarantee that files placed in the Asset Library do not violate Icepad’s Terms of Service and that you own all copyrights to them or have been given permission by the copyright owner to share them. If you have any doubts about whether you have the legal right to share certain files, you should not share them.

Termination

If you violate any of these Terms of Service, your permission to use the Site, App, Content, Files and Services will automatically terminate. VERSUSMIND reserves the right to revoke your access to, and use of the Site, App, Content, Files and Services at any time, with or without cause, and with or without notice. VERSUSMIND also reserves the right to cease providing or to change the Site, App, Content, Files or Services at any time and without notice.

Use of the Site and App at Your Own Risk

Your access to and, use of the Site, App, Content, Files and Services is at your own risk. VERSUSMIND will have no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to, or use of the Site, App Content, Files or Services.

Icepad is Available “AS-IS”

The site, app, content, files and services are provided “as is”, without warranty or condition of any kind, either express or implied. Without limiting the foregoing, icepad explicitly disclaims any warranties of merchantability, fitness for a particular purpose or non-infringement and any warranties arising out of course of dealing or usage of trade. You acknowledge that use of the site, app, content, file and services may result in unexpected results, loss or corruption of data or communications, project delays, other unpredictable damage or loss, or exposure of your data or your files to unintended third parties.

Versusmind makes no warranty that the site, app content, files or services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. Icepad makes no warranty regarding the quality of any products, services, or information purchased or obtained through the site, app content, or services, or the accuracy, timeliness, truthfulness, completeness or reliability of any information obtained through the site, app content, files or services.

No advice or information, whether oral or written, obtained from icepad or through the site, app, content, files or services, will create any warranty not expressly made herein.

Indemnity

You agree to defend, indemnify, and hold Icepad, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses and expenses, including, without limitation, reasonable attorneys' fees and costs, arising out of or in any way connected with:

  • your access to or use of the Site, App, Content, Files and Services;
  • your violation of this Agreement;
  • your violation of any third party right, including without limitation any intellectual property right, including but not limited to right of attribution, publicity, confidentiality, property or privacy right; or
  • any claim that Your Files, or your use of Files, caused damage to a third party, including without limitation claims that Your Files, or use of Files, infringe the rights of another.

Limitation of Liability

In no event will Versusmind be liable to you or to any third party for damages of any kind, including, without limitation, direct, special, incidental, punitive or consequential damages (including loss of use, data, business or profits) arising out of or in connection with this agreement, or from your access to or use of, or inability to access or use, the site, app content, files and/or services, or for any error or defect in the site, app, content, files or services, whether such liability arises from any claim based upon contract, warranty, tort (including negligence), strict liability or otherwise, or any other legal theory, whether or not Versusmind has been informed of the possibility of such damage, even if a remedy set forth herein is found to have failed of its essential purpose. You specifically acknowledge that Versusmind is not liable for the defamatory, offensive or illegal conduct of other users or third parties and that the risk of injury from the foregoing rests entirely with you. Further, icepad will have no liability to you or to any third party for any third party content uploaded onto or downloaded from the site, app or through the services and/or the files, or if your data is lost, corrupted or exposed to unintended third parties.

Controlling Law and Jurisdiction

These Terms of Service and any action related thereto will be governed by the laws of the country of France without regard to its conflict of law provisions.

This Agreement is governed by and construed under the laws of France without regard to its conflict of law rules. Unless Icepad and Reseller agree that their conflict will be submitted to Arbitration according to International Arbitration, the courts located in Nancy shall have exclusive jurisdiction to judge any and all discussions concerning the realization, the execution and/or termination of this Agreement.

If parties agree upon Arbitration, this Arbitration shall be in accordance with the Rules of the I.C.C. (International Chamber of Commerce), by three arbitrators in accordance with these Rules.The arbitration tribunal shall be composed of three arbitrators.

Entire Agreement

These Terms of Service are the entire and exclusive agreement between Versusmind and you regarding the Site, App, Content, Services and Your Files, and these Terms of Service supersede and replace any prior agreements between Versusmind and you regarding the Site, App, Content, Services and Your Files.