Last Update : 25 Aug 2022

 

YOUR FREE (NON-PAID) ACCESS TO AND USE OF THE WEBSITE MALIZEN.COM (THE “SITE”) AND MOBILE APPS FOR ANY FREE TOOLS AND SERVICES OFFERED BY MALIZEN (“MALIZEN” OR “US”/“WE”/“OUR”), ANY SERVICES PROVIDED AS PART OF ANY PROMOTION OR TRIAL (COLLECTIVELY, THE “SERVICES”) IS SUBJECT TO YOU AGREEING TO THESE GENERAL TERMS OF USE (THESE “GENERAL TERMS”). IF YOU DO NOT AGREE TO THESE GENERAL TERMS, THEN YOU MAY NOT ACCESS OR USE THE SERVICES.

 

By clicking “I accept” or “I agree” (or words to similar effect), registering for a Malizen account, or otherwise using any of our Services, you: (i) agree that you have read and understood, and, as a condition to your access to and use of any of our Services, you agree to be legally bound by, these General Terms and (ii) agree that Malizen may make changes to these General Terms on a going forward basis at any time in its sole discretion, as described further in the Section "Modifications to the General Terms".

 

ADDITIONAL TERMS APPLICABLE TO THE SERVICES

 

Some features of the Services may have additional terms, policies or agreements that apply (“Specific Terms”). You agree to comply fully with these General Terms and any Specific Terms. General Terms with all Specific Terms shall be referred to herein as the “Agreement”. In the event of a conflict or inconsistency between these General Terms and any Specific Terms, the Specific Terms control. 

 

Specific Terms : Specific Terms of Use Community Edition

 

OUR POLICIES

 

Your access to and use of the Services is also subject to the policies that we post on our website at www.malizen.com (as such policies may be updated from time to time), such as our Privacy Policy (each, a “Policy”, and collectively, “Policies”). Any updates to our Policies will be effective immediately upon their posting and govern your continued use of the Services, unless otherwise expressly provided in the updated Policy.

 

REGISTRATION AND AUTHORITY

 

As a condition to your access to and use of some features of the Services, you will be required to register for an account ("Account") using at least a valid email address, for example, but not limited to the Community Version. The creation of your Account requires that you (i) agree to these Agreement, (ii) provide the requested contact information, and (iii) submit any other form of authentication required during the registration process, as determined by Malizen in its sole and absolute discretion. 

 

You agree to notify us immediately by emailing us at hello@malizen.com upon learning of any unauthorised access to or use of your account or any other breach of security. You agree to provide us with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate suspension or termination of your account. In addition, we reserve the right to refuse, suspend, or terminate your registration for any reason and in our sole discretion.

 

GRANT OF LICENCE

 

Subject to your complete and ongoing compliance with this Agreement and our Policies, we grant to you, for the duration of your access and use, a worldwide, limited, personal, non-exclusive, non-sublicensable, non-transferable, revocable right and licence to access and use the Services. 

 

RESTRICTIONS

 

In connection with your access to and use of the Services, you agree that you will not, directly or indirectly, permit or cause any other person or entity to: 

• violate any law or regulation, or any order of a court (including those relating to data privacy or security); 

• attempt to gain unauthorised access; 

• infringe or misappropriate the rights of any person or entity, including their intellectual property, privacy, publicity or other proprietary or contractual rights; 

• interfere with, damage, violate the security or integrity of, or place an unreasonable load on any part of the Services, our infrastructure or systems, or any network, computer, or communications system, software application, or network or computing device, including through the use of viruses, bots, Trojan horses, harmful code, ping floods, denial-of-service attacks, packet or IP spoofing, forged routing or email address information, circumvention or modification of any access keys or other security mechanism employed by us or our Services, or similar methods or technology; 

• use scripts, bots, spiders, or other automated mechanisms to collect information or otherwise interact with the Services without our express prior written permission; 

• use the Services as part of any machine learning or similar algorithmic activity; 

• use or interact with the Services in a manner that is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable, or in a manner that would damage, disparage, or negatively affect us or our licensors, licensees, or partners; 

• copy, reproduce, rent, lease, sell, transfer, assign, sublicense, modify, publish, distribute, display, prepare derivative works of, reverse engineer, disassemble, or decompile any portion of the Services, including any corresponding source code, without prior written consent from us or the respective owner of said material, except as expressly provided in our Legal Notice and with respect to information or content that you provide to us (and that may be accessible through the Services); or 

• restrict or inhibit any user from using our Services as expressly permitted by us. 

 

FEEDBACK LICENCE

 

If you choose to provide input, suggestions, ideas, reviews, recommendations, corrections, comments, or other feedback regarding problems with or proposed modifications or improvements to the Services (“Feedback”), then you hereby grant to us an unrestricted, non-exclusive, worldwide, royalty-free, perpetual, irrevocable, freely sublicensable and freely transferable right and licence to use the Feedback in any manner and for any purpose, including to improve the Services and create other products and services. You further acknowledge that we use automated methods to collect data from various sources, including websites and other online sources, for analysis and use in our products and services, and you consent to our use of these methods with respect to sources owned by you.

 

INTELLECTUAL PROPERTY  RIGHTS

 

Any content that we provide or make available in or through the Services (“Content”) is Malizen exclusive property or is subject to a right of use by their owner. 

 

The Content is protected by intellectual property rights and remains Malizen’s or third parties’ property. You may copy and download the Content for your own personal, non-commercial use, subject to the intellectual property rights referred to, according to the principles governing intellectual property legislation. Any other use of the Content without Malizen’s prior written authorization is prohibited. The reproduction of articles or reports is also subject to authorization and must be marked Property of Malizen or as per the rights cited in the source. Thus, you may not modify the Content under any circumstances. 

 

Failure to comply with the above prohibitions may constitute an act of infringement and/or unfair competition for which you may be held civilly and/or criminally liable. Malizen’s registered trademarks include Malizen. All other trademarks not owned by Malizen that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Malizen. You shall require specific authorization to use any of the trademarks owned by Malizen or by a third party.

 

If you become aware of any infringement of Malizen’ intellectual property rights or if you believe that your intellectual property rights have been infringed by any material on Services, please contact Malizen at: hello@malizen.com.

 

PERSONAL DATA PROTECTION

 

Malizen ensures that the User's personal information is collected and processed in accordance with the French law n°78-17 of January 6, 1978 relating to data protection and the European General Data Protection Regulation (GDPR).

 

Under the Data Protection Act of January 6, 1978, the User has the right to access, rectify, delete and oppose his personal data. The User exercises this right :

- by email to hello@malizen.com

- by post to 2 rue de la Mabilais - 35000 Rennes - France.

 

For more information on the protection of personal data, please refer to our privacy policy accessible under the heading "Privacy and Cookie Policy”. For more information on cookies, please refer to our Cookie management policy accessible under the heading "Privacy and Cookie Policy”.

 

LINK TO THIRD PARTY WEBSITES

 

In order to facilitate access to other sites that could provide additional information, Malizen has inserted a number of links on its Site. However, Malizen shall not be held liable for any third-party sites to which you may have had access via our Site and which contains contentious or inaccurate content. Malizen has no means of controlling the content of third-party sites and Malizen does not assume any guarantee or responsibility for their content or the use that may be made of them. It is the User’s responsibility to take the necessary precautions to ensure that the third-party site visited is virus-free.

 

External sites may contain hyperlinks to our Site. Malizen has no legal means of opposing this practice used on the Internet and shall not be held liable for the content of sites outside Malizen. Malizen recommends the user to refer to the policies of the respective sites.

 

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

 

WARRANTIES.

THE SERVICES AND CONTENT ARE PROVIDED STRICTLY ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND MALIZEN MAKES NO REPRESENTATION OR WARRANTY THAT THE SERVICES AND CONTENT ARE COMPLETE, SUITABLE FOR YOUR PURPOSE, OR ACCURATE. ON BEHALF OF ITSELF AND ITS LICENSORS, MALIZEN HEREBY EXPRESSLY DISCLAIMS ANY AND ALL IMPLIED, STATUTORY OR OTHER WARRANTIES WITH RESPECT TO THE SERVICES AND ITS CONTENT, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON INFRINGEMENT. THE ENTIRE RISK AS TO RESULTS OBTAINED THROUGH USE OF THE SERVICES AND/OR THE SERVICES’S CONTENT RESTS WITH YOU. MALIZEN MAKES NO REPRESENTATION OR WARRANTY THAT THE AVAILABILITY OF THE SERVICES WILL BE UNINTERRUPTED, OR THAT THE SERVICES AND/OR ITS CONTENT WILL BE ERROR FREE OR SECURE. 

 

LIMITATION OF LIABILITIES

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TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL MALIZEN, ITS SUCCESSORS, PARTNERS, OR AUTHORISED RESELLERS, BE LIABLE TO USER UNDER THIS AGREEMENT FOR ANY DAMAGES OF ANY KIND, INCLUDING LOSS OF PROFITS, LOSS OF DATA, APPLICATION OR EQUIPMENT DOWNTIME, OR FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR SPECIAL DAMAGES OF ANY KIND WHATSOEVER, WHETHER IN TORT, CONTRACT, OR OTHERWISE, ARISING OUT OF END-USER’S USE OR INABILITY TO USE THE SERVICE, EVEN IF MALIZEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL MALIZEN, AND ITS AUTHORISED RESELLERS’ TOTAL LIABILITY TO USER FOR ALL DAMAGES IN ANY ONE OR MORE CAUSES OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED THE TOTAL ANNUAL AMOUNT PAID BY THE USER FOR THE USE OF THE SERVICE.

 

MODIFICATIONS OF THE AGREEMENT

 

We may make changes to this Agreement on a going-forward basis at any time in our sole discretion. You acknowledge and agree that your access to and use of the Services after we publicly post or otherwise make available to you a modified version of this Agreement will constitute your acceptance of the modified Agreement. Except as expressly provided in this Section, this Agreement may be amended only by a written agreement signed by an authorised representative of each party to this Agreement.

 

GOVERNING LAW 

 

The present Agreement is governed by French law. 

If one or more provisions of the present Agreement are held to be invalid by a law or regulation, or declared as such by a final decision of a competent court, they will be deemed unwritten, the other provisions will keep all their force and scope.

 

In the hypothesis of a disagreement between the User and Malizen on the quality, the field or the modalities of the Services, the injured party will have to inform the other by means of a registered letter with acknowledgement of receipt. Upon receipt of this letter, and within a period of fifteen (15) working days, the other party must propose an amicable solution to the dispute to the injured party. If this attempt fails or if there is no response, the injured party may bring its dispute before the competent courts.  Any dispute between Malizen and a User will be under the jurisdiction of the Court of Appeal of Rennes and governed by the rules of French law.