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Terms and conditions of use

General Terms and Conditions of Use ("GTCU") - Mobile Application

The purpose of these terms and conditions of use is to define the terms and conditions under which Les Editions Extraordinaires makes its mobile application available, as well as the services available to the user. By using the mobile application of Les Editions Extraordinaires, the user accepts without reservation the present terms and conditions of use.

The Apps made available to you are licensed, not sold. Your license for each App is subject to your prior acceptance of this App End User License Agreement. Your license for any App is granted by Editions Extraordinaires, referred to herein as the "Licensed App". Editions Extraordinaires, referred to herein as "The Application Provider" or "The Licensor", reserves all rights to the Licensed Application not expressly granted to you under these TOU.

Article 1 - License

a. Scope of license: Licensor grants you a non-transferable license to use the Licensed Application on all products owned or controlled by you and within the limits authorized by the Usage Rules. The terms of these TOU govern any content, materials or services accessed from or purchased in connection with the Licensed Application, as well as any upgrades provided by Licensor that replace or supplement the original Licensed Application, unless such upgrade is accompanied by customized TOU. Except as provided in the Usage Rules, you may not distribute or make available the Licensed Application over a network where it could be used by multiple devices at the same time. You may not transfer, redistribute or sublicense the Licensed Application and, if you sell your Device to a third party, you must remove the Licensed Application from the Device before doing so. You may not copy (except as permitted by this license and the Usage Rules), reverse engineer, disassemble, attempt to derive the source code of the Licensed Application, modify or create oe derivative works of the Licensed Application, any update or any part thereof (except if and only to the extent that any of the foregoing restrictions are prohibited by applicable law or to the extent that may be permitted by the license terms governing the use of any open source component included in the Licensed Application).

b. Consent to use of data: You agree that Licensor may collect and use technical data and related information - including, but not limited to, technical information about your device, system and application software, and peripherals - collected periodically to facilitate the provision of software updates, product support and other services (if any) related to the Licensed Application. The Licensor may use this information, so long as it is in a form that does not personally identify you, to improve its products or provide you with services or technologies.

c. Termination. These TOU are effective until terminated by either you or Licensor. Your rights under these TOU will terminate automatically if you fail to comply with any of its terms.

d. External services. The Licensed Application may provide access to services and websites of Licensor and/or third parties (collectively and individually, the "External Services"). You agree to use the External Services at your sole risk. Licensor is not responsible for examining or evaluating the content or accuracy of any Third Party External Services, and shall not be liable for any such Third Party External Services. Data displayed by a Licensed Application or External Service, including but not limited to financial, medical and location information, is provided for general information purposes only and is not guaranteed by Licensor or its agents. You will not use the External Services in any manner that is inconsistent with the terms of these TOU or that infringes the intellectual property rights of Licensor or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and that Licensor is not responsible for any such use. The External Services may not be available in all languages or in your Country of origin, and may not be appropriate or available for use in a particular location. To the extent you choose to use these External Services, you are solely responsible for compliance with all applicable laws. Licensor reserves the right to modify, suspend, discontinue, disable or impose restrictions or limitations on access to any External Service at any time without notice or liability to you.

e. No Warranty: You expressly acknowledge and agree that use of the Licensed Application is at your sole risk. To the maximum extent permitted by applicable law, the Licensed Application and all services performed or provided by the Licensed Application are provided on an "as is" and "as available" basis, with all faults and without warranty of any kind, and Licensor hereby disclaims all warranties and conditions with respect to the Licensed Application and all services, whether express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, quiet enjoyment and non-infringement of third party rights. No oral or written information or advice given by Licensor or its authorized representative shall create a warranty. If the licensed application or services prove defective, you assume the entire cost of all necessary servicing, repair or correction. Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above exclusion and limitations may not apply to you.

f. Limitation of liability: to the extent not prohibited by law, in no event shall licensor be liable for any personal injury or incidental, special, indirect or consequential damages whatsoever, including, but not limited to, damages for loss of profits, loss of data, business interruption or any other commercial damage or loss, arising out of the use or inability to use the Licensed Application, however caused, on any theory of liability (contract, tort or otherwise) and even if Licensor has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation of liability for personal injury, or for incidental or consequential damages, so this limitation may not apply to you. In no event shall Licensor's total liability to you for all damages (other than those required by applicable law in cases of personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations shall apply even if the foregoing remedy fails of its essential purpose.

g. You may not use, export or re-export the Licensed Application, except to the extent permitted by the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) to countries embargoed by the United States or (b) to any person on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's list of Denied Persons or Entities. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree not to use these products for any purpose prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear weapons, missiles or chemical or biological weapons.

h. The Licensed Application and associated documentation are "Commercial Items," as that term is defined in 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as those terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Pursuant to 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and the Commercial Computer Software Documentation are licensed to U.S. Government end users (a) solely as commercial items and (b) with only those rights granted to all other end users in accordance with the terms and conditions herein.

Article 2 - Description of the application

The mobile application offers series of guided meditations and the means to discover them. The Éditions Extraordinaires mobile application is an aid to personal development. It does not constitute medical treatment in the medical sense of the term. It is not intended to provide information, advice or guidance on medication or medical treatment.

Article 3 - Responsibility of the publisher

Use of the information and documents available on this application is under the sole responsibility of the user, who assumes all consequences.

3.1 - Storage and sharing of a user's findings

The information available on the mobile application concerning the discoveries and meditations made by the user is stored on his/her device; if an online account is created with his/her email address and a password of his/her choice, the data linked to his/her discoveries will be saved on a server, enabling the user to retrieve them on all his/her devices. By default, this data is accessible only to the user.
However, the user can choose to make part of this data public by sharing it with the community. If the user chooses to share them, the discoveries made by the user may be accessible to other users, accompanied by the title and description made by the user; the user undertakes not to write any abusive or offensive text; the editor reserves the right to delete any text he deems abusive or offensive, as soon as he becomes aware of it (by himself or following a report from another user, for example).
In the event of sharing, only data that is freely accessible to all users is shared. A user's private data (self-evaluations, measurements, scans, etc.) are not shared with other users.

3.2. sharing user data with an expert

Another sharing possibility concerns sharing with an expert: if the user chooses to give an expert access to his/her data, he/she accepts that the expert may have access to all the data the user has created on the application through his/her use and discoveries. This access can be revoked at any time by the user: the expert will then no longer have access to the user's data.

3.3. Use of data for research or statistical purposes

The user accepts that anonymized usage data may be used for statistical or research purposes. The publisher undertakes to anonymize all published results of studies or statistics, and to ensure that no element likely to identify a user is ever published without the user's express written consent.

3.4. Technical constraints

The mobile application works with mobile terminals using the Apple iOS and Android operating systems. Éditions Extraordinaires does not guarantee the absence of bugs, inaccuracies, errors or other harmful elements.
The mobile application is dependent on the mobile and internet network for updates or to download content not yet stored on the device. Updates and downloads are therefore subject to network availability. Éditions Extraordinaires declines all responsibility in the event of network unavailability.

3.5 Legal capacity of the user

If the user is a minor or incapable of using the mobile application, it is the responsibility of his/her legal representative to act in his/her name and on his/her behalf, and in particular to grant access rights. Éditions Extraordinaires shall not be held liable for failure to comply with this public policy provision. The decision by a user to grant access to his or her file to any other user is therefore a personal decision by the user or his or her legal representative. Consequently, Editions Extraordinaires cannot be held responsible for this decision.

Article 4 - Intellectual property rights

The application and each of its elements are the exclusive property of Editions Extraordinaires in accordance with the provisions of the French Intellectual Property Code (copyright, patent rights, trademarks, designs and models, logos).
The provision of the application shall not be considered as a transfer of ownership to the user.
The user is not authorized to decompile or disassemble the application, to reproduce, represent, modify, translate or adapt it, in whole or in part, nor to reproduce or reuse all or part of the contents of the application, without the prior written consent of Éditions Extraordinaires. However, the user is explicitly authorized to share content prepared for sharing by the application, via the "share" function, on any social network or any private or public means of communication of his or her choice.

Article 5 - Management and processing of personal data

The user is informed of the regulations concerning communication, the law of June 21, 2014 for confidence in the Digital Economy, the Data Protection Act of August 06, 2004 as well as the General Data Protection Regulation (RGPD: n° 2016-679).
Please note that the application can be used without creating an account, anonymously; in this case, certain functions are inaccessible (sharing, comments, saves etc.).

5.1. Persons responsible for collecting personal data

If the User decides to create an account on the app, for Personal Data collected as part of the creation of the User's personal account and browsing on the Site, the party responsible for processing the Personal Data is Editions Extraordinaires.
As the party responsible for processing the data it collects, Editions Extraordinaires undertakes to comply with the legal provisions in force. In particular, it is the responsibility of Editions Extraordinaires to provide its customers, as soon as they have given their consent, with full information on the processing of their personal data, and to keep an accurate register of such processing.

5.2 Data collection process

editions Extraordinaires may process all or part of the data at several levels:
For all registered users, who provide this information with full knowledge of the facts, particularly when they enter it themselves: surname, first name, e-mail address, sharing of contact details with other users, information relating to correspondence.

5.3 Data storage and security

In compliance with the RGPD, data collected via site registration is stored and secured at a host in France to which Editions Extraordinaires subcontracts this technical part. Les Editions Extraordinaires has ensured that this subcontractor has a valid RGPD.

5.4 Newsletter and emails

An unsubscribe link is included in every newsletter and registration email we send out. Although not systematic, we may analyze and track various rates (e.g. clicks, open rate and bounce rate) and the number of emails sent in order to measure the performance of our email campaigns. You can unsubscribe from these newsletters at any time by following the link at the bottom of each email.

5.5 Purpose of data collected

  • To enable browsing and the management and traceability of services ordered by the user: Site connection and usage data, etc.
  • To prevent and combat computer fraud (spamming, hacking, etc.): computer equipment used for browsing, IP address, password (hashed).
  • To improve Site navigation: connection and usage data.
  • To carry out optional satisfaction surveys and send connection requests from other members and messages between members: e-mail address.
  • To carry out communication campaigns (sms, email) to users, if they so wish: email address.
  • to improve your browsing experience and offer you services in line with your expectations
  • to compile statistics on user motivations: services that interest you
  • To make it easier for users to identify you: your profile photo.
Les Editions Extraordinaires does not sell your personal data and does not pass them on to any third parties. They are therefore only used by necessity or for statistical and analytical purposes.

5.6 Right of access, rectification and opposition

In accordance with current European regulations, Users of our sites and applications have the following rights:
  • Right of access (Article 15 RGPD) and rectification (Article 16 RGPD), updating, completeness of Users' data, right to block or delete Users' personal data (Article 17 RGPD), when they are inaccurate, incomplete, equivocal, outdated, or whose collection, use, communication or storage is prohibited.
  • Right to withdraw consent at any time (Article 13-2c RGPD)
  • Right to restrict the processing of Users' data (Article 18 GDPR)
  • Right to object to the processing of Users' data (Article 21 GDPR)
  • Right to portability of data provided by Users, where such data is subject to automated processing based on their consent or on a contract (Article 20 GDPR).
  • Right to define the fate of Users' data after their death and to choose to whom Bourse de stagaine en Région Nouvelle Aquitaine will communicate (or not) their data to a third party they have previously designated.
To manage their personal data, Users may contact Editions Extraordinaires at any time by e-mail ([email protected]) or by post: Editions Extraordinaires, Place Ramon Lull 66500 Prades, France. The user has the right to access, modify, rectify, oppose and delete data concerning him/her collected on this application. These rights are strictly personal and may only be exercised by the user for data concerning him or herself, or concerning another user for whom he or she is the legal representative. Users must specify their surname, first name, e-mail address and user ID. The user must attach to his/her request any element enabling him/her to be identified with certainty. The reply will be sent within a maximum of two (2) months following receipt of the request.

Article 6 - Applicable law

The present application, the modules and the conditions of use are governed by French law, regardless of the place of use. In the event of a dispute, and after all attempts to find an amicable solution have failed, the French courts shall have sole jurisdiction to settle the dispute.

Article 7 - Legal information

The application is published by : SAS Les Editions Extraordinaires - Place Ramon Lull 66500 Prades, SAS au capital de 1 000 euros - RCS Perpignan 84267815300011 -TVA intracommunautaire FR04842678153 - Président : Médéric Degoy - Directeur de la publication : Médéric Degoy. The data used by the application are hosted by : OVH SAS, with the exception of data from external sites that may be the subject of URL links from the application, which are hosted by their respective providers.