Terms of service of the co-ment® PRO service

A. Trademark

co-ment is a registered trademark of Philippe Aigrain. Only Sopinspace is authorized to operate a commercial service or conduct a commercial activity under the name co-ment in the geographical areas and under the classes covered by the trademark. Please check the trademark regulation for the definition of “commercial service” and “commercial activity” and for the permissions granted for non-commercial activities.

B. co-ment professional service

The co-ment PRO service operated on co-ment.com is open to paid-for subscribers. In the rest of this text, “you” or “the subscriber” 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 (law on trust in the digital economy).

The provider of the co-ment PRO 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

C. Subscription and financial transactions

The co-ment.net PRO service is open only to paid-for subscribers. The process of subscribing is as follows:

  1. Click on “subscribe to the co-ment.com on-line professional service”
  2. Enter the subscriber and the subscription information, including VAT number if the subscriber is an organisation which is not VAT exempt
  3. Read the present terms of service 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 Code de la consommation) 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.

D. Description of service

The PRO co-ment service provides you with an on-line workspace where, at any given time, up to 500 (five hundred) users can work collaboratively on up to 500 (five hundred) texts. You or any user to which you have delegated these rights can control globally for all texts, and individually for a given text who can see the text, see comments or create comments. The available options depend on the rights management scheme chosen at the time of subscription. Various rights management schemes are available to adapt to specific situations. It is possible for a subscriber to change the rights management scheme that applies to his/her workspace. Such a change will most often require work to re-set user rights as desired in the new right management scheme. The default “generic” rights management scheme applies to most situations of collaborative editing and discussion of texts by peers. The other schemes are designed for specific situations.

E. End of subscription

You subscribe to the co-ment PRO service for a given duration expressed in months. Your subscription to the co-ment.net PRO 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 before its end date, we will send 2 successive reminders at your email contact address in the following 10 days. If you still did not renew your subscription 15 calendar days after its completion, your account will be put on hold and you will be notified you of this cancellation of access. Before the cancellation of your account, you can renew your subscription at any time, but the start date of this new subscription will remain the day after the end date of your former subscription. After the cancellation of your account, you will have to contact the customer service that will indicate a procedure for reactivating your account.

Sopinspace reserves its right to fully delete the information associated to a non-renewed account three months after the end date of the corresponding subscription.

F. 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 making the text public 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 and answers to comments are under the sole responsibility of their author.

Sopinspace, as operator of the co-ment PRO service, denies any responsibility on the contents of the texts that are made publicly accessible in your workspace. Sopinspace reserves its rights to delete any text that does not respect these terms of service or legal obligations and to cancel service to the person having made this text public 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 service.

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:

  1. texts whose contents are insulting, or constitute harassment or call to harass 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 service, 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.

G. Technical support

As a co-ment PRO 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 your support request emails in a maximum of 48 hours (two working days). If you need additional support guarantees please contact us for a detailed offer.

H. Warranty limitation

Sopinspace proposes the co-ment PRO service on the co-ment.com site “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 responsibility 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.

I. 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 service.

J. Privacy

Your privacy rights are defined in the French law 78-17 of 6 January 1978 (law on informatics, files and freedoms).

The data collected regarding visits to the site is processed only for statistical purposes. Personal information which is collected at the time of your subscription to the 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.

K. 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 either directly for data that you can modify yourself or by sending a written request to: Sopinspace, Privacy (co-ment PRO site), 4 passage de la main d’or, F-75011 Paris, France.

L. Personalised professional services

Sopinspace can provide you with a personalised co-ment PRO service. Examples are co-ment Web services with your visual identity, installation of co-ment servers in your facilities, services that are integrated within your organisation information systems and securized services. To receive a detailed offer for such personalised services, please contact us.

M. Accessibility

Part of the AJAX graphical user interfaces of co-ment PRO 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.

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