These general conditions of use apply between the company LITHIUM MEDIA, a simplified joint-stock company, registered in the Trade and Companies Register of Paris under no. 822391 223 (hereinafter referred to as "LITHIUM") and any user of the application "KOSMIK".
In these General Conditions, words or expressions beginning with a capital letter shall have the following meaning:
Account: refers to the User's private space accessible on the Application and protected by the Username and a password;
Application: refers to the application "Kosmik - for creative projects"accessible via the App Store and Google Play;
General Conditions: refers to these general conditions of use of the Application;
Personal Data (or Data): refers to any information about a natural or legal person, institution or association that is, or can be, identified, even indirectly, by reference to any other information, including a personal identification number;
User: refers to any person using all or part of the Application.
User Content: refers to all content created and/or inserted on the Application by the User, i.e., any text, photograph, diagram, hyperlink, etc.;
Username: refers to the login name provided by the User when creating their Account;
2. ACCEPTANCE OF THE GENERAL CONDITIONS
2.1 The use of the Application implies the full and complete acceptance of the General Conditions by the User.
2.2 These General Conditions may be modified and/or completed at any time by LITHIUM. Each User is thus invited to regularly consult the latest updated version of the General Conditions, available to all and permanently accessible on the Application. The modified General Conditions will come into force as from their on-line publishing and will apply from then on as of right.
3. SERVICES PROVIDED
3.1 The Application offers Users a Zoom-based interface coupled with a database that allows them to create, collect and organize data, create and share multimedia documents of all kinds, on different media.
3.2 The functionalities of the Application may be developed and modified at any time by LITHIUM, which the User accepts without reserve.
4.1 The General Conditions form a contract between the User and LITHIUM.
4.2 Access to the Application and its features is exclusively reserved to Users:
- Individuals or professionals;
- Over the age of 16 (sixteen) at the time of the request to create the Account.
4.3 The User acknowledges that they have read the GeneralConditions in full and accepts them without reserve before accessing and using the Application.
5. CONDITIONS OF ACCESS AND USE OF THE APPLICATION
To access the Application, the User must register by creating an Account. The creation of an Account is personal and free.
5.2 Account creation and access
To create an Account, the User must fill sign up through the web app or macOS app, by entering their email address.
An email is then sent by LITHIUM to the User at the given email address with an access code.
The User will then be asked to enter a Username of their choice and a password. The User can choose for Kosmik to keep their password (encrypted) if they want to be able to reset it later, or not to share it, in which case they won't be able to reset it.
6. THE USE OF ALL THE FEATURES OF THE APPLICATION BY THE USER
Only the User who has created an Account can have access to all the features of the Application listed below.
6.1 The "Create" tab
The "Create" tab allows the User to create various User Content, including the following:
- areas for grouping different elements of text, photographs, etc.;
- web pages;
6.2 The "Universe Name" tab
The "Universe Name" tab allows the User to create several different universes depending, for example, on the type of User Content they wish to use.
2. ACCOUNT DELETION
The User can delete their Account at anytime by clicking on the tab "User Account"and then "Revoke my passport". In this case, the User will no longer be able to access the Application and use its features.
The User is informed that in the event of deletion of their Account, all User Content will also be deleted without any possibility to restore it.
For any specific question and/or complaint, the User can contact LITHIUMat the following address: firstname.lastname@example.org.
9. GENERAL OBLIGATIONS OFTHE USER
9.1 The User undertakes to access theApplication using modern devices, free of viruses, and with an up-to-date browser.
The User confirms that they have sufficient and necessary technical knowledge to ensure the use of the Application in accordance with the General Conditions. In general, the User undertakes to use the Application in compliance with the public policy regulations, good morals and the legal and regulatory provisions in force.
The User is solely responsible for the use of the Application. The responsibility of LITHIUM cannot be invoked due to a fault in the operation of the Application following in particular (i) a failure of the Internet network and/or (ii) a misuse of the Application by the User.
9.3 The User undertakes in this respect to provide accurate, up-to-date and complete information, not to create a false identity likely to mislead LITHIUM or third parties and not to usurp the identity of another person.
9.4 Users are responsible for all actions carried out on the Application with their Username and Password. In this respect, Users undertake to:
- not register under a Username that may infringe the rights of a third party;
- use passwords consisting of at least 3 of the following 4 elements: capital letters; lowercase letters: numbers; special characters.
- keep their Username and password private and confidential and use them in such a way as to keep them strictly confidential. As such, LITHIUM cannot be held responsible for the disclosure of information concerning the User to any individual having used theirUsername and/or password.
9.5 Any use of the Application by means of the Username and password of the Users is considered to have been made by the User themselves. In the event of use by a third party of their Username and password, the User will have to inform LITHIUM immediately by sending an email to the following address: email@example.com
10. LITHIUM'S RESPONSIBILITIES AND GUARANTEES
10.1 Non-accountability of LITHIUM in the event of loss of User Content
The User is informed that LITHIUM does not save any User Content, the whole of the User Content being under the full and whole responsibility of the User.
For the User's full information, a mechanism for saving and synchronizing User Content is set up automatically between the User's different devices (computers, tablets, smartphones, etc.) on which the Application has been downloaded and installed by the User.
LITHIUM therefore recommends that the User downloads the Application on various devices so that the User Content is saved on different devices (computers, tablets, smartphones, etc.).
10.2 General responsibility and guarantees of LITHIUM
1.3 LITHIUM puts in place the means and measures necessary for the proper functioning and maintenance of the continuity and quality of the Application.
LITHIUM cannot beheld responsible for direct and indirect damage caused to the User's devices when accessing the Application and resulting either from the use of devices meeting the specifications indicated in Article 9.1 of the General Conditions or from the appearance of a bug or an incompatibility.
In a general way, taking into account the technical constraints of data processing and telecommunications of the use of the Application, LITHIUM cannot be held responsible in case of direct and/or indirect damage caused by a malfunction, which would not be ascribable to LITHIUM, due in particular to the inconveniences inherent in the use of the Internet network, such as a breakdown of service or the presence of a computer virus.
10.4 Moreover, LITHIUM undertakes to do everything possible to ensure the proper functioning of the Application and its accessibility by the User, but LITHIUM is only held with an obligation of means concerning the continuity of the access to the Application.
- does not guarantee the durability or performance of the Application;
- may interrupt access to the Application for reasons including maintenance and updating. Consequently, LITHIUM cannot be held responsible for the loss of money, or reputation, nor for special, indirect or induced damages resulting from the interruption of the Application.
11. INTELLECTUAL PROPERTY
11.1 All the elements (i) present on the Application, in particular any text, photography, image, sound, graphic element, etc., (ii) forming the Application including its graphic charter, its tree structure, its navigation interfaces, its databases, etc., of any nature and in any form whatsoever, and (iii) any software used by the Application (hereinafter the "Properties") may be protected under the intellectual property law and may belong to LITHIUM and/or to third parties.
11.2 Consequently, the User shall not copy, modify or integrate the Properties on any medium whatsoever, reverse engineer or use any other method to attempt to access the source codes and/or protocols of the Properties. The User shall also refrain from selling, assigning, licensing, sublicensing, transferring, pledging or transmitting theProperties in any way whatsoever.
11.3 It is reminded that all the distinctive signs and in particular the brands and logos, are and remain the property of LITHIUM or that of the holders of the intellectual property rights concerned. Acknowledging these exclusive rights on these signs the User is forbidden to make any use of them other than that linked to the consultation and use of the Application and to infringe the intellectual property rights of LITHIUM or those of the holders of the rights concerned.
11.4 Any use of the Propertiesother than that related to the consultation and use of the Application isprohibited without the express, written and prior agreement of the holders ofthe rights concerned.
12. MISCELLANEOUS PROVISIONS
12.1 The fact that a party does not avail itself of a stipulation of the General Conditions does not in any way imply a waiver of the benefit of said clause.
12.2 The nullity, unenforceability or, more generally, the lack of effect of any of the stipulations of the General Conditions will not affect the rest of the General Conditions and they will be executed as if this stipulation had never existed provided, however, that this does not compromise the balance of the General Conditions and that the stipulation in question was not determining condition of the consent of a party. In addition, the parties agree to replace, to the extent possible, any invalid provision with a valid provision having the same effect and reflecting, as far as possible, their original intention.
12.3 The General Conditions constitute the entire agreement between the parties and supersede any prior negotiations, representations or agreements relating to its subject matter.
12.4 No other stipulation or document will be able to generate any obligation under the General Conditions, if they are not the subject of an amendment duly signed by the parties.
12.5 The parties declare that they have full capacity and have no legal, contractual or judicial impediment to the acceptance of the General Conditions.
13. APPLICABLE LAW AND JURISDICTION
Any dispute relating to all or part of the stipulations of the General Conditions is subject to French law, with the exception of any mandatory provisions that may apply in the country in which the User is located.
Except in cases where the law does not allow it, exclusive jurisdiction is given to the competent courts of Paris.