Welcome to altanaproject.org,
We are [Association Name] the founding legal entity behind altanaprojec.org. We are registered in the France under number xxxxxxxxx and have our registered office at address.
Altana Project is a research and community initiative dedicated to the study of shared economy and share housing topic.
While we would love to keep things simple our lovely lawyers made it mandatory to share with you these terms. Please read these Terms and Conditions (“Agreement”) carefully before using the Platform or any service provided on the Platform (“Services”).
In order to make you fully understand this Agreement it is important to explain some basic notions. The altanaproject.org platform (“Platform”) is a set of web tools and related applications for our community collaboration, operated and owned by [Association Name] (“AltanaProject”), a French nonprofit association. AltanaProject has employees, independent contractors and representatives (“our Team”). When you use or access our Services, you become a “User” or “You” according to this Agreement.
When you pay our annual membership you become a "Member".
This version of the Terms and Conditions is effective as of [12 of February 2017]
1. Accepting the Terms and Conditions
If You are entering into this agreement on behalf of a company or other legal entity, You acknowledge that You have the authority to bind such an entity, its affiliates and all users who access our Services through Your account to these Terms and Conditions, in which case the terms “You” or “Your” shall refer to such entity, its affiliates and users associated with it. If You do not have the authority, or if You do not agree with this Terms and Conditions, You must not accept this Agreement and may not use our Services.
2. Changing the Terms and Conditions
AltanaProject reserves the right, to change, alter or otherwise modify the Terms and Conditions at any time by posting revised Terms and Conditions on the Platform and by providing a notice by e-mail or by posting a notice on the Platform before the changes are effective. Any new features shall be subject to the Terms and Conditions. Continued use of the Service after any change will constitute Your consent to these changes.
3. Access to the service
Altana Project will use reasonable effort to ensure that the Platform and Services are available twenty-four hours a day, seven days a week. However, there may be an occasion where the Platform will be under maintenance, upgrade or repair. We will take every reasonable step to minimize such disruption where it is in our control. Altana Project will not be liable for any suspension, modification, discontinuance or lack of availability of the Platform, the Service or any Content.
Altana Project also retains the right to change, suspend or discontinue the Services at any time including the availability of any features, database or content. We may also impose limits on certain features or Services or restrict Your access to parts or all Services without notice or liability.
4. Your Member Account
You are not obligated to register to use the Platform. However, access to most of the features is only available for registered Users, known as Association Members.
You may not use the Service for any illegal or unauthorized purpose. You must not in the use of our Service violate any laws in Your jurisdiction, including but not limited to copyright, trademark, design or patent law.
5. Member Payments Terms
- All members must enter a valid payment account using our Stripe or PayPal integration. Non Member platform users are not required to provide payment information.
- An upgrade from the non members user to a member plan will immediately bill you a 10 Euro yearly donation.
- All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
6. Membership Termination
Either party may terminate the Service at any given time by notifying the other party by any means. Altana Project may also terminate or suspend any or all Services to the Platform, without prior notice or liability, if the Member breaches any of the terms of this Agreement.
Upon termination of the Member’s account, Member’s right to use the Platform or any of Altana Project services will immediately cease. All provisions, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimer, and limitation of liability. Termination of Your Member account or use of the Platform shall not relieve the Users of any obligations arising or accruing prior to such termination or limit any liability, which the User may otherwise have to Altana Project.
7. Subscriber content
Altana Project claims no intellectual property rights over the material that You provide to the Platform or our Service. Your profile and material uploaded remain Yours.
For the proper functioning of the Platform You will give Altana Project and its Users all the rights to communicate to the public all content made available by You on the Platform or any of the Services. These right will include the perpetual and irrevocable rights to; use, copy, cache, publish, display, distribute, modify, create derivative works and store User Content, solely for the purpose of using the Platform, and allow others to do so in any medium now known or here after developed in order to provide the Services, even if such Content has been contributed and subsequently removed by you.
You warrant, represent and agree that You have the right to grant Altana Project and its Users the rights set above.
Altana Project does not pre-screen Content and is not liable for any content, but Altana Projects and its Users have the right in their sole discretion to refuse or remove any Content that is available via the Service or notify a team member through the reporting infringement procedure described in paragraph 13.
You shall defend Altana Project against any claim, demand, suit or proceeding made or brought against Altana Project by a third party alleging that Your Content, or Your use of the Service in violation of this Agreement, infringes or misappropriates the intellectual property rights of a third party or violates applicable law, and shall indemnify Altana Project for any damages finally awarded against, and for reasonable attorney’s fees incurred by, Altana Project in connection with any such claim, demand, suit or proceeding; provided, that Altana Project (a) promptly gives You written notice of the claim, demand, suit or proceeding; (b) gives You sole control of the defense and settlement of the claim, demand, suit or proceeding, provided that You may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases Altana Project of all liability; and (c) provides to You all reasonable assistance, at Your expense.
You are responsible for all content posted and activities that occur under Your account, whether or not such activity was authorized by You. Any fraudulent, abusive or otherwise illegal activity on this Platform may be ground for termination of the Users right to our Services or access to the Platform. You may not use Your account to try to obtain a password, account or any personal information from another Platform User and registered Member.
9. Warranty disclaimer
Altana Project has no special relationship or fiduciary duty to the User. You acknowledge that Altana Project has no control, does not monitor the content on the Platform and is therefore not liable for the content posted on the Platform. The content on the Platform is provided by and at the sole responsibility of the Members. Members release Altana Project from liability from content acquired or not acquired from the Platform.
Although Altana Project will make reasonable effort to store and preserve the material residing on the Platform, you are strongly urged to keep back-up copies or take other preventive measures to preserve the content You upload on the Platform. Altana Project is not responsible, nor liable in any way for the failure to store, preserve or access content or otherwise transmit or archive content on the Platform.
The Platform and Services are provided “as is”, “as available”, and “with all faults”. Altana Project will make reasonable effort to correct any endeavors and omissions. This however does not mean that Altana Project guarantees that Your use of the Platform and its Services will be; (a) secure, uninterrupted, timely, or error-free, (b) meet your requirements and expectations, (c) be free of errors that can be corrected, (d) be free of viruses or other harmful content.
Altana Project is not liable in anyway for damages direct or indirect to resulting from use of the content available on the Platform. Working with or using the content found on the Platform is at the sole risk of the User.
Where the law of any jurisdiction limits or prohibits this disclaimer of implied or other warranties set above, the above set disclaimers will not apply to the extent that the law of that jurisdiction shall apply.
10. Third party websites
Some tools on the Platform may redirect You to a third party site on the Internet through hypertext or other computer links on the Platform. Unless explicitly otherwise provided, neither Altana Project nor the Platform make any representation or warranty whatsoever about any third party that is linked to the Platform.
You will indemnify and hold Altana Project, its team members, harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of Your access to the Platform, use of Services, violation of the Agreement or infringement of any right by You or third party using Your account.
12. Limitation of liability
You hereby acknowledge and agree that Altana Project (a) stores Your content and other information at the direction, request and with the authorization of its Users, (b) thereby fulfilling its role as passive hosting provider for the uploading, storage and distribution of such content, and (c) plays no active role in the processing of this content. You are solely responsible for all the content that You upload, post or distribute on the Platform, and to the extend permissible by law Altana Project excludes all liability with respect to all content and the activities of its Users.
Altana Project nor any individual Team member has the obligation to actively monitor and review the content uploaded to the Platform for inappropriate, illegal or otherwise unauthorized material. By using the Platform or the Services You irrevocably wave Your right to assert any claim with respect to any of the forgoing against Altana Project , its employees, its independent contractors or other representatives.
13. Reporting infringement
If You believe that content residing or accessible on the Platform is infringing any of Your rights, please send a notice of the infringement containing the information needed to address this infringement. Your notice should include:
- The right that has been infringed;
- Identification of the material or work that is infringing, including its location in detail on the Platform;
- Contact information of the Notifying Party including; name, address, telephone number and e-mail address;
- A statement that the Notifying Party in good-faith beliefs that the material is unauthorized or otherwise infringing;
- A statement made under penalty of perjury that the information provided in accurate and the Notifying Party is the right holder or is authorized to act on behalf of the right holder;
- The Notifying Party’s physical or electronic signature.
When our Team member receives the notification s/he shall:
- Disable access to or remove material that he has reasonable and in good-faith believed is infringing;
- Altana Project will immediately notify the subscriber responsible for uploading the allegedly infringing material that it has removed or disabled access to the material;
- Altana Project reserves the right to, at its discretion, immediately terminate the account of any User that is subject of repeated take down notices.
14. Choice of law
These rights and obligations arising out of or in connection to these Terms shall be construed, governed, interpreted and enforced according to the laws of France. The exclusive jurisdiction and venue of any action with respect to any subject matter relating to these Terms will be the courts located in Paris, France, unless stipulated otherwise by mandatory French or international laws. You waive any objection to jurisdiction and venue in the courts of the France.
The provision on Applicable law and Jurisdiction does not apply to any claim in which Altana Project seeks equitable relief of any kind. You agree that in the event of a breach of this Agreement by Altana Project or any third party, the damage or harm, if any, caused to You will not entitle You to seek injunctive or other equitable relief against Altana Project , including with respect to Your content, and Your only remedy shall be for monetary damages, subject to the limitations of liability set forth in this Agreement.
This Agreement, as modified from time to time, constitutes the entire Agreement between You and Altana Project. This Agreement replaces all prior or contemporaneous understandings or agreements. The failure of either party to exercise in any respect any right provided herein shall not be deemed a waiver of any further rights hereunder. Altana Project shall not be liable for any failure to perform its obligations where such failure results from any cause beyond Altana Project reasonable control. If any provision of this Agreement is found unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary. The rest of the Agreement will remain in force.
This Agreement is not assignable, transferable or sub-licensable without Altana Project prior explicit written consent. Altana Project may assign this Agreement in whole or in part at any time without the Users prior consent.
Any notice to the Platform that required or permitted by the Platform shall be in writing and shall be deemed effective upon receipt, when sent to email@example.com or when delivered in person by national recognized overnight courier or mailed by first class, registered or certified mail, postage prepaid to: