General Terms & Conditions (US)

Koober.com

Last update : February 8, 2019

1. Legal Notices

Site’s Publisher The website accessible at www.koober.com (hereinafter referred to as the “Platform”) is published by the company koober, (SAS) registered with the Nanterre Companies Register under the number 807 496 435, headquartered at 5 bis rue du Centre 92200 Neuilly-sur-Seine (hereinafter referred to as the “Company” or “koober”).

Publication Manager Alexandre Bruneau

Contact details Phone number:

Email address: contact@koober.com

Website Hosting Company The website is hosted by the company OVH, (SAS) registered with the Lille Companies Register under the number 424 761 419 - headquartered at 2 rue Kellermann 59 100 Roubaix

2. Definitions

  • “Account” or “Client Account”: a user’s personal space on the Platform, created using a user name & password, which is required to be able to subscribe and pay online.
  • “Application”: all the elements structuring the mobile platform "IOS KOOBER" and "ANDROID KOOBER" which allows the User to subscribe to the Services offered by Koober and available on the AppStore legal platform.
  • Client”: User who has subscribed to the Services offered by Koober on the Application or on the Paltform.
  • Company” or “Koober” : SAS, headquartered at 5 bis rue du Centre 92200 Neuilly-sur-Seine, registered with the Paris Companies Register under the number 807 496 435.
  • “Identification Codes”: User name & password allowing Users to access their Personal Client Account.
  • “Koob”/ “Audiokoob”: is a didactic synthesis of a technical book, in the form of a digital book, provided to Users once they have subscribed to a Subscription. The “Audiokoob” is the audio version.
  • “Services”: all Koobs and services provided to Users by the Company on the Platform.
  • Network”: network including the Platform, the Application and all the pages dedicated to Koober on social networks.
  • “Platform”: website accessible at www.koober.com
  • Subscription”: financial compensation for the User's subscription to the Services.
  • “User or Users”: any person with the intention of using services provided by the Company or purchasing Subscription trough the Platform or the Application.

3. Purpose - acceptance - confirmation

The exclusive purpose of these general terms and conditions of sale is to define the conditions governing the use of the Platform (including the Application).

By checking the box “I have read and agree to the terms and conditions of sale” prior to signing up for a paid subscription, Users expressly acknowledge that they have read these general terms and conditions of sale, as well as any related documents, and that they agree to them unreservedly.

By checking the box “I have read and agree to the terms and conditions of sale”, Users declare that they have the legal capacity to sign a contract under French law, or have received the authorization of a person with such a capacity.

4. Validity of the general terms & conditions of sale – effective date – duration

  • **These general terms and conditions of sale are applicable at any time the User browses or accesses the Platform, and during the whole time the User is using the Services provided by the Company.

It is specified that the User can save or print these general terms and conditions of sale, provided however that they are not modified.

The version of the general terms and conditions of sale available online on the Platform shall take precedence, as the case may be, over any other version of this document, with the exception of modifications which would have occurred after signing up for a paid Subscription or use of the Services and, in accordance with common law.

  • **These general terms and conditions of sale were updated on 12/02/2019.

Subsequent modifications of these general terms and conditions of sale will be actionable by the User from the time they are posted online.

These general terms and conditions of sale apply, as necessary, to any implementation or extension of the Platform on existing or future social and / or community networks.

  • **The User is informed that the general terms and conditions of sale may be subject at any time to an update under the conditions of Article 14 hereof.

5. Koober’s services

  • **Koober provides on the Platform and the Application a new way of discovering authors and their works about various technical subjects through the creation and distribution of a new format called “Koob”.

The Koob is a didactic synthesis of technical books that allows new readers to better understand the interest of a book. Each Koob is an original summary and the result of an intellectual effort of analysis and synthesis on the part of its authors.

Koober provides on the Platform and on the Application each Koob with its descriptive sheet as well as the work concerned by the Koob allowing the User to know before subscribing to the Service the essential characteristics of each Koob and the works he would like to view online on the Platform and on the Application, in accordance with the provisions of Article L. 111-1 of the French Consumer Code.

  • **Surfing on the Platform and the Application is free, free of charge and does not require the registration of a Client Account.

But, in order to view or listen the Koobs and benefit from the Service, the Client must subscribe to one of the Subscriptions provided on the Platform or Application and must create an account. By subscribing to a Subscription, he or she will be able to view all the Koobs and listen all the Audiokoobs accessible and available on the Site.

Koober provides many services:

  • 7-days free trial for each registration (1)
  • a paid subscription for a month (2)
  • a paid subscription for a year (3).

All these subscriptions include ad-free access to all of Koober’s content in both, text and audio.

6. Registration and client account

  • **At the login / registration stage the Client can:
  1. Login with email addresses and password if they already have an account
  2. Create a Client Account directly by entering their email address and a password of their choice. Alternatively, you may register using a single sign-on service (for example, Facebook login). You can register via our Platform or after downloading our iOS, Android or Kindle Fire apps.

The Client Account is a personal space in which the Client can find, manage, modify:

  • Their personal information
  • Their payment and invoice information
  • Their subscription options
  • How to download the Application?

The Application is available on Apple, Google and Microsoft's legal download platforms.

It can be downloaded free of charge on Apple's App Store, Google's Play Store and Microsoft's Windows Phone Store, on iPhones using iOS 5 or higher, Android Smartphones using version 4.1 or higher, Windows Phones using version 8.1 or higher

  • How to create a Client Account

When creating an Account, the Client must provide on the Platform the following information:

  • Email (obligatory)
  • Password (obligatory)

By clicking the button “I register”, a validation of the fields of the form occurs.

If a field is not correctly filled in, an error message informs the User and the field(s) concerned are colored red.

If all fields are correctly filled in, the visitor is redirected to the “my account” page.

When creating a new account, a confirmation email is sent to the Client to confirm their registration.

The Client is informed that the Company may be required at any time to delete their Client Account in a discretionary manner in case of non-compliance with the provisions of these general terms and conditions of sale that the latter expressly recognizes.

  • Use and responsibility for using the Client Account

Each User acknowledges their complete responsibility in the use of their Identification Codes and of the Platform.

They undertake to make under their own Identification Codes all actions within their Client Account.

Similarly, all actions performed under these Identification Codes will be considered to have been performed by them-self.

In case of forgetting, misuse or unauthorized use of their Identification Codes by another User, Company responsibility cannot in any case be engaged and the User must immediately inform the Company’s client service of this situation, by email at contact@koober.com.

Upon receipt of this duly justified written notification, the Company’s client Service will investigate the file and may, for security reasons, suspend all access to the Client Account.

The Company’s client service will process the Client’s request as soon as possible and will send back the new Identification Codes by email after verification of their identity.

The Client remains responsible for the use of their Client Account by third parties until the Company modifies Identification Codes, so the User guarantees the Company of any action or claim concerning the loss of data resulting from the loss or the fraudulent use of its Identification Codes.

The Client agrees that computer or electronic recordings carried out by the Company for the provision of Services, of all operations performed in particular through their Client Account, may be opposed or used before any administrative and / or judicial authority competent, as a proof.

  • Right of access, modification and withdrawal of personal data

Any information required for registration must be complete and correct and always up-to-date.

Koober has the right to save and process the data you provided during registration, in accordance with the provisions on Data Policy.

7. Paid subscription

  • The subscription purchases

Subscription prices are specified on the Platform or the Application under the section “Prices” and "Offers".

Koober provides 2 different subscriptions:

  • 7,99 € / month of subscription
  • 6,67 € / month for one year of subscription

Users are informed that Subscription prices are subject to change over time.

Indeed, the Company does not undertake under any circumstances that these prices will not be modified.

The Client has the possibility, at any time during the subscription process, i. e. until its actual payment under the conditions provided below, to withdraw from this subscription in order to complete, modify or even cancel it.

After clicking on the "Subscribe" icon, the Client will be invited by a new Internet page to provide his bank details by completing accurately the form provided in Koob's delivery form.

All payments must be made each month, even though the Client has opted for an annual Subscription.

  • Payment terms and conditions

Payment for the monthly subscription is made on the Internet and must be made concurrently with the monthly subscription, in accordance with the instructions given for this purpose during the validation process.

Payment will be made in euros or dollars by credit card (Visa, Mastercard, American Express), or Apple Pay.

Koober uses the Stripe secure payment tool provided by Stripe Inc. and guarantees the Client that he never has access to confidential information relating to the payment method used by the Client to pay for his subscription.

In order to proceed with the payment due, the Client will be asked to provide:

  • the credit card number,
  • the expiry date of the card
  • and, if applicable, the visual cryptogram.

The Client will only provide his bank details once to subscribe to the Service and make payments on the monthly instalments of the subscription. To this end, the Client guarantees Koober that it has the necessary authorizations to use the payment method chosen at the time of validation of the subscription of the Service. In the event of refusal by the bank, the payment will be automatically cancelled and the Client will be informed by sending an e-mail. In order to optimize the security and authentication of the electronic payment made by the Client, the Client is invited to follow the authentication procedure put in place for this purpose. Otherwise, the payment will be cancelled and the Client will not be able to benefit from the Service. Once the subscription payment has been processed, a printable and recordable summary of the Client's subscription will be displayed, including its references.

The Client guarantees that he is fully entitled to use the bank card provided for the subscription of the Service and that this bank card gives access to sufficient funds to cover all costs resulting from this subscription to the Service, i.e. a monthly payment of the subscription.

By clicking on the "Pay" or "I subscribe" button during the subscription process to the Service, the Client declares that he fully and unreservedly accepts all the present general terms and conditions. If necessary, the Client will definitively validate it by paying for his Subscription in the form of a monthly payment. Koober will systematically confirm the subscription to the Service of each Client, then make it available on the site by direct reading of all Koobs, by e-mail, with the summary sending of the subscription subscription.

The data recorded by Koober constitutes proof of all transactions between Koober and the Client.

8. Cancellation policy

  • No right of withdrawal

In accordance with the Article L. 221-28 §13 of the Consumer French Code, the Client is advised that he has no right of withdrawal if its first use of the Service had been made before the end of the 14 (fourteen) day period following his registration.

  • Suspension of the Subscription

The Company shall have the right to suspend and terminate an Account at any time in the event of a Client's breach of those general terms and conditions of sale, under the conditions set out below.

  • If the Client does not pay the Subscription.

  • If the Client’s infringe the rules of IP.

  • Cancellation of the Subscription

Cancellation of the account has the following consequences:

  • The User's data will be kept for one (1) year from that date, in particular with regard to the legal obligations incumbent on the Company in accordance with the procedures set out in Article xx hereof, and then definitively deleted at the end of that period;
  • The User will be placed on an exclusion list and may not reopen an Account for a maximum period of two (2) years from the notification of the termination of his Account.

9. General behavior of users

Users must be over the age of 18.

When registering and using the Services at their disposal, the Users agree not to:

  • Communicate registration information that is either incorrect or false;
  • Provide any sensitive information with regards to race or ethnicity, political, philosophical or religious views, membership to a union, sexual orientation or health, contrary to proper morals or the Law.

In the case of any infraction or violation of these rules, the Company reserves the right to delete the litigious messages without notice and to block the Client’s access to Services and to their Client Account.

Users must make sure that all subsequently provided information remains correct and agree not to create or to use, except otherwise permitted, other User Accounts through their own identity and/or that of a third party, it being reminded that identity theft is subject to legal proceedings and criminal sanctions.

Any violation of this commitment can result in the immediate suspension, without notice, of the concerned Client Accounts.

In the case where a Client is aware that a third party has fraudulently accessed his/her Account, this Client agrees to inform the Platform’s management team via email at contact@koober.com.

10. Client comments and feedback

  • **The Client remains the sole owner of the rights attached to the content he intend to publish and distribute through the Network, namely intellectual works in general, such as comments, texts, images, URL links, that they would publish on the Network in the comment area allowing them to give their opinion on the Koobs provided by Koober's.
  • **By the simple fact of having allowed to content to be published on the Network, each Client warrants Koober a non-exclusive license to use, represent, reproduce, communicate to the public from the Platform or from any known or future electronic communication network (Internet, mobile telephony 2G, 3G, 4G, tv adsl, etc.), distribute and even modify the relevant content in such a way, in the latter case, as to meet the technical needs related to Koober's own service, in particular when it comes to performing digital compression of video and music files or formatting such content.

This license is limited to uses necessary for the exploitation of the Network, as long as such content is available and at the sole discretion of the Client, except with the prior and express consent of the latter.

  • **The Client warrants he’s the sole owner of the content describes above he publishes and that he is able to publish on the Platform and the Application, and that he is entitled to grant Koober a licence.

The Client warrants Koober not to infringe any of the intellectual property rights (copyright, neighboring rights, trademark, patents, etc.) and not to use content in a manner that would:

  • cause harassment of third parties or to call on third parties to engage in harassment,
  • incite hatred, discrimination, racism, fanaticism and physical violence against individuals or groups of individuals,
  • depict scenes of pornography, paedophilia, or any other subject that is offensive or contains a link to an Adult Website,
  • solicit personal information from minors,
  • give telephone numbers/Fax numbers, street names, names, postal addresses or e-mail addresses,
  • represent or advocate illegal activities or behaviour of a defamatory, abusive, obscene, threatening or slanderous nature, as well as false or misleading information,
  • offer an illegal or unauthorized copy of works protected by copyright, patents or trademarks,
  • encourage, provoke or promote the transmission of unsolicited emails, chain letters, mass mailings, instant messages, unwanted advertising messages or unsolicited mail,
  • promote or encourage any criminal activity or undertaking or giving indications or instructions on how to promote illegal activities, invasion of privacy, dissemination and creation of computer viruses,
  • solicit passwords or personal information from other Customers for illegal commercial purposes,
  • involve commercial activities and/or sales such as contests, sweepstakes, exchanges, advertisements and pyramids without Koober's written consent,
  • distribute, reproduce, publish or modify in any way the elements protected by copyright, trademarks or any proprietary right belonging to third parties without their prior consent.

11. Intellectual property

  • *The trademark *koober is registered in France and abroad and is the exclusive property of the Company.

The Company is the only holder of intellectual property rights on the Platform and notably in all of the texts, comments, works, illustrations, videos and images, whether visual or audio, reproduced on the Platform as well as the databases that it produces.

All these intellectual creations are protected by copyright, trademark rights, the sui generis right in databases, and the right to one’s image, worldwide.

The creations are fully owned by the Company.

  • **However, the Company grants a license to Users enabling them to reproduce and display Platform content, but strictly and uniquely for their personal use within the framework of viewing the Platform and using the Services.

However, this license does not permit Users to modify, copy, translate, broadcast, publish, transmit, distribute, produce, display or transfer ownership to any of the content on or via the Platform.

For this reason, and in compliance with the Intellectual Property Code, only private use is authorized, subject to different provisions, which may be even more restrictive than the Intellectual Property Code.

Any other use constitutes counterfeiting and is punishable under applicable Intellectual Property rights, except with prior written permission from the Company.

As a reminder, applying a hypertext link onto the Platform by using the above mentioned “framing” or “deep-linking” techniques is strictly prohibited.

Any full or partial copy, aspiration or reproduction of the database produced and used by the Company on the Platform is formally prohibited without prior written agreement.

  • **The Platform may contain hypertext links and/or hyperlinks pointing to sites published and housed by third party servers, and especially concerning publicity banners, in which governance is not, in any way, assured by the Company and upon which no control can be exerted.

For this reason, the Company does not accept any responsibility for legal consequences linked to accessing these sites from the Platform.

Use of these hypertext links and/or hyperlinks pointing to the Platform is authorized by the Company strictly within the framework of promoting the Platform and Company Services, but on the important condition that the integrity of the Platform is preserved and that there is no risk of confusion between the Platform and sites published by third parties.

In this context, the Company formally prohibits all Users from using techniques referred to as “framing” or “inline linking” and “deep-linking” concerning non-authorized exact reproduction of Platform content and its integration on web pages published by third parties.

  • **Similarly, the Company cannot be considered able to prevent any Platform from containing hypertext links and/or hyperlinks, pointing to the Platform of which it is the publisher.

For this reason, the Company accepts no responsibility for legal consequences linked to accessing these sites from the Platform via other Websites upon which it has no control or effect.

Use of these hypertext links and/or hyperlinks pointing to the Platform is authorized by the Company strictly within the framework of promoting the Platform and Company Services, but on the important condition that the integrity of the Platform is preserved and that there is no risk of confusion between the Platform and sites published by third parties.

In this context, the Company formally prohibits all Users from using techniques referred to as “framing” or “inline linking” and “deep-linking” concerning non-authorized exact reproduction of Platform content and its integration on web pages published by third parties.

12. General behavior of users

Client must be over the age of 18.

In the case of any doubts regarding the Client’s age, the Company reserves the right to refuse to validate the Order or to immediately suspend, without notice, the concerned Users’ Accounts.

13. Correspondence – proof

Unless expressly stated in these general terms and conditions of sale, any correspondence between the parties shall take place by e-mail vie the Site.

Pursuant to Articles 1365 and the following articles of the French Civil Code and, where applicable, Article L.110-3 of the French Commercial Code, the parties declare that the information delivered by e-mail is valid between the parties as long as no written document adversely authenticated and signed calls into question this computerized information is produced.

Items such as the time of receipt or issue, as well as the quality of the data received will be valid by priority as shown on the Company's information systems or as authenticated by the Company's computerized procedures, except to provide proof in writing and to the contrary by the User and / or the Company.

15. Force majeure

  • **Any event outside the control of the Company and against which it could not reasonably protect itself is a case of force majeure and suspends the obligations of the parties, as for example, but not limited to: a social movement or a technical breakdown (edf, erdf, telecommunications operators, Internet access or hosting providers, registrars, etc.), a power supply shutdown (such as electricity), the failure of an electronic communication network on which the Company depends and / or networks that would replace it.
  • **The Company cannot be held responsible for, or considered to have failed in its obligations under these GTC, for any non-performance related to a case of force majeure as defined by French law and jurisprudence, provided that it notifies the other party on the one hand, and that it does its best to minimize the damage and to fulfill its obligations as soon as possible after cessation of the case of force majeure on the other hand.

16. Updating the general terms and conditions of sale

These general terms and conditions of sale may be modified at any time on the Company’s initiative. Any modification of the present general terms and conditions of sale as well as the documents which are referred to will be communicated to the User during their first use of the Site after this modification.

17. Technical provisions

Koober does not guarantee error-free, uninterrupted, timely and secure delivery of the services offered on the Platform and/or on the Application and is not bound by any obligation to provide personalized, particularly technical, assistance.

Koober cannot be held liable for any inconvenience or damage inherent in the use of the Internet network, in particular a service interruption, an external intrusion or the presence of computer viruses.

Koober is not liable for any breach of its obligations, as defined herein, resulting from a case of force majeure. Without prejudice to the provisions of the preceding paragraphs, Koober's liability under these general terms and conditions of sale may not exceed an amount equal to the sums paid or payable in the transaction giving rise to such liability, regardless of the cause or form of the action concerned.

18. Entirety

The provisions in these general terms and conditions of sale constitute the entirety of the agreement reached between the Users and the Company. They shall be deemed superior to any proposal, exchange of letters occurring before and after the conclusion of the present general terms and conditions of sale, as well as over any other provision appearing in the documents exchanged between the parties and relating to the subject of the general terms and conditions of sale, except amendment duly signed by the representatives of the two parties.

19. Invalidity

If one or more provisions of these general terms and conditions of sale are held to be invalid or declared as such pursuant to a law, regulation or following a decision made final from a competent jurisdiction, the other provisions of these general terms and conditions of sale will maintain all their strength and scope.

If applicable, the Company undertakes to immediately delete and replace the clause with a legally valid clause.

20. Title

In the event of any difficulty of interpretation between the title of any article and any of the clauses, the titles will be deemed unwritten.

21. Jurisdiction - applicable law

Any difficulty arising from the interpretation and / or execution of this document will be subject to the assessment of the competent Courts of Paris, which shall expressly have jurisdiction, the only applicable laws being the French laws.