Terms of service (professional co-ment® service)

Trademark

co-ment is a registered trademark of Philippe Aigrain. Only Sopinspace is authorized to operate a service or conduct an activity under the name co-ment in the geographical areas and under the classes covered by the trademark.

co-ment professional service

The professional service operated on co-men.net is open to paid-for subscribers. In the rest of this text, "you" designate such a subscriber. The provision of this service is submitted to the terms of the French [LOI n° 2004-575 du 21 juin 2004 pour la confiance dans l'économie numérique]. The provider of the co-ment service is SARL Sopinspace, designated in the rest of this text as "Sopinspace". Postal address: SARL Sopinspace, 4, passage de la Main d'Or, 75011 Paris, France. Phone: +33 155 28 37 60
Administrative information: SARL Sopinspace is a limited responsibility company with a capital of 15,000 euros, registered under RCS Paris B 451 436 604, VAT Number: FR76 451 436 604

Subscription and financial transactions

The www.co-ment.net professional service is open only to paid-for subscribers. The process of subscribing is as follows :
1. Click on "subscribe to the www.co-ment.net on-line professional service"
2. Enter the subscriber information, including VAT number if the subscriber is an organisation which is not VAT exempt
3. Read the present terms of use when requested to do so
4. Confirm your acceptance
5. Read the pro-forma invoice that will be presented to you
6. Accept the pro-forma invoice to proceed to payment
7. Select your payment medium
8. Enter financial (credit card) information in the securised interface
9. Click on "purchase order"
10. You will be subscribed only on successful completion of the financial transaction initiated after 8
At any stage before step 9, you can cancel your subscription. You will then not be charged for the subscription. After you have clicked on purchase order, your credit card will be charged. If you are an individual consumer, the French consumer law (art. L121-16) gives you rights to cancel your order during a period of 7 days and obtain reimbursement. However, your purchase can no longer be cancelled after any use of the service at your initiative during this period of 7 days.

Description of service

When you have subscribed to the service and are registered and logged in, co-ment enables you to upload up to 500 (five hundred) texts on the site www.co-ment.net. These texts can be "private" or "public". A text can be public in the sense of being visible to all users or in the sense of being both visible and open for comments. A text that you have uploaded which is "private" for comments can be commented only by users whom you have designated. These users need not be themselves subscribers to the service. You can define up to 250 (two hundred and fifty) users who can comment your texts. Among these 250 users you can manage who is authorised to comment on a given text individually for each text. Each text that you have uploaded can be made public (visible to all or visible and commentable by all). Authorised users (or any registered and logged in user for public texts) can post comments that apply to an extract of the text, control the display of comments and answer comments posted by others, and use functionality available for the classification of comments in view of processing them.

End of subscription

Your subscription to the www.co-ment.net professional service is not automatically renewed upon completion. You will notified prior to its end by email sent to the contact email you entered when subscribing. In case you did not renew you subscription, your professional service account will be transformed into an ordinary free-of-charge service account. Your texts and the associated comments will remain accessible for a period equal to the duration of the subscription even if their number is higher than authorised for the free-of-charge service. At the end of this period during which you can use the functionality available for exporting comments, Sopinspace reserves its right to delete your supernumerary texts and comments.

Your responsibility

You are sole responsible of the choice of users whom you authorize to access or comment texts. Similarly you are sole responsible for the respect of third party rights in such authorisations. You are sole responsible and will bear all costs from any litigation or damage resulting from the contents of the texts that you make public. By making a text public, you certify that (1) you hold the necessary rights or authorisations for doing so. (2) that you will make public only texts whose contents does not violate privacy rights or publicity rights of anyone. You should include in the text a copyright mention and a statement about the rights of use or applicable license. Similarly, comments are under the sole responsibility of their author. Sopinspace, as operator of the co-ment service, denies any responsibility on the contents of the texts that you make public. Sopinspace reserves its rights to delete any text that does not respect these terms of use or legal obligations and to cancel service to the author of any such text or to anyone whose behaviour makes evident a refusal or unability to respect the terms of service. Sopinspace's monitoring of co-ment public texts is at its own discretion, and Sopinspace denies any obligation on checking that the contents of the public texts respect legal obligations or these terms of use. These terms of use do not list types of contents or induced activities that are illegal: it is your own responsibility to know them and abstain from including them in the texts that you upload in co-ment. Types of contents that are forbidden (without being necessarily illegal) according to these terms of use are listed below (this list is motivated by the protection of the ecology of knowledge that the co-ment service aims at serving):
1. texts whose contents are insulting, or constitue harassment or call to harrass any group or person
2. texts that include personal details such as phone numbers, email or postal addresses unless you have received explicit and documented authorization from the person to do so.
3. texts that contain links to sites reserved to adults
4. texts that contain information that is known to be inexact or libelous Sopinspace reserves its right to judge when a given text is in contradiction with the terms of use, and to extend the list above when it is needed to cope with the insertion in the service of texts that are clearly prejudicial to the overall service to users.

Technical support

As a www.co-ment.net professional service subscriber, you have access to an email-based support. Please use this facility only when the information you are looking for is not accessible on the site. The support is accessible using the contact form on the website. Sopinspace will do its best to answer you support request emails in a maximum of 48 hours (two working days).

Warranty limitation

Sopinspace proposes the www.co-ment.net site and the co-ment professional service "as is". Sopinspace can not be held responsible for any loss or alteration of data, or any loss of profit, of turnover, of opportunity, of time, or of any indirect damage, whether caused by neglect or any other cause. If you need a higher level of warranty of service than the one offered by the present terms of use, please contact us. Without prejudice to the provisions of the previous paragraph Sopinspace's responsability can not exceed in any circumstance the amount that you have paid for your subscription. If you are a consumer, your rights under the law are not affected by limitation of warranty and responsibility.

Applicable law and lawsuits

The applicable law is the French law. The relevant French courts will have all competence to judge on any litigation arising from the present terms of use.

Privacy

Your privacy rights are defined in the French law 78-17 of 6 January 1978 (law on informatics, files and freedoms). http://www.cnil.fr/index.php?id=300 Visitors to the site can access the public contents without providing any personal information. Only anonymous statistical data is collected regarding their visits. Personal information which is collected at the time of your subscription to the www.co-ment.net professional service or when you modify your profile will be used according to the options that you have chosen. We remind users that the texts that they make public or comments that they post must respect privacy of others.

Right of access and rectification

In accordance with article 34 of the "Informatics and Freedoms" law, you have a right of access, modification, rectification, and deletion of personal data or data that pretends to represent you. You may exert this right by sending a written request to: Sopinspace, Privacy (co-ment site), 4 passage de la main d'or, F-75011 Paris, France.

Personalised professional services

Sopinspace can provide you with a personalised co-ment service. In this service, your texts will be stored separately in a a separate space, presented with a graphical presentation customised for you (or your organisation). This service also enables you to conduct larger scale activities and may include an additional warranty. To receive a detailed offer for this personalised service, please contact us.

Accessibility

Part of the AJAX graphical user interfaces of co-ment do not meet the accessibility standards such as WAI. We regret it, but this problem can be solved only at the level of the basic AJAX libraries which is beyond our capacity.