GENERAL TERMS AND CONDITIONS OF USE AND SALE
PREMIUM SCRIBENS SUBSCRIPTION


1. PRESENTATION OF THE GTCU / GTCS
1.1 The company SCRIBENS ("SCRIBENS") offers on the site www.scribens.com (the "Site") free of charge to its visitors the correction of spelling of a text and access to dictionaries, and also a paid service allowing to obtain a certain number of advantages ("Premium Service"). 
1.2 The use of the Premium Service is governed by these general terms and conditions of use and sale (the "CTCU / GTCS" or the "Agreement").
1.3 Thus, the CTCU / GTCS determine the contractual framework of the relations between SCRIBENS and you for the Premium Service. 
2. ACCEPTANCE OF THE CTCU / GTCS
2.1 You acknowledge that you are an individual above eighteen (18) years old or having reached the age of majority in the country where you reside or having obtained the authorization from your legal representative (parent or legal guardian) if you are a minor or subject to a legal protection measure for adults, in order to subscribe to the Premium Service.
2.2 You agree to comply with the terms of the CTCU / GTCS.
2.3 Any use of the Premium Service that does not comply with the CTCU / GTCS is prohibited.
2.4 The subscription to the Premium service implies your full acceptance of these CTCU / GTCS.
2.5 The subscription and access to the Premium Service are strictly subject to prior acceptance without restriction, nor reserve of these CTCU / GTCS.
3. ACCESS AND LIMITATION OF USE OF THE PREMIUM SERVICE
3.1 The Premium Service being offered on the Internet, in order to access it, you must have an Internet connection. All costs of telephone connections and Internet access are at your expense.
3.2 SCRIBENS only grants you a limited, non-exclusive and non-transferable license to access and use the Premium Service and its content.
This license is subject to compliance with the rules provided within these CTCU / GTCS. 
3.3 In order to access the Service, you must create a SCRIBENS account ("Account") by clicking on the "Premium" tab then on "Order" on the site www.scribens.com.
3.4 In general, the use of the Premium Service and of its content must not violate national and international regulations and laws.
3.5 You undertake to strictly respect the rights of the authors and of the entitled persons over the content of the Premium Service, particularly by not trying in any way to copy it, to transfer it and/or distort it by any means whatsoever. The Scribens solution in its entirety (code, resource and documentation) was submitted with the APP (agency for the protection of programs). 
3.6 SCRIBENS grants you a right of private, non-transferable, non-collective and non-exclusive use over the content of such Service. Consequently, you prohibit yourself from reproducing, modifying, affecting, rebroadcasting all or part of the elements presented on the Premium Service on any medium and by any process, with the exception of express authorization by SCRIBENS or by the entitled persons with respect to the element in question.
3.7 You particularly undertake:
- Not to divert or make commercial use of the Premium Service and/or of its content unless you have previously obtained a written consent from SCRIBENS.
- Not to harm in any way whatsoever the interests of third parties holding intellectual property rights over the contents, particularly by reproducing, modifying, affecting, rebroadcasting the videos accessible through the Premium Service, or by making them available to third parties, particularly by means of all or part of peer-to-peer networks.
If you do not comply with these rules, you are liable to incur civil and criminal liability, particularly on the basis of counterfeiting. 
4. CREATION OF ACCOUNT
4.1 Creation rules
In order to create an Account, you must be an individual, eighteen (18) years old or having reached the legal age in your country of residence, or have obtained the consent of your legal representative (parent or legal guardian) if you are a minor or subject to a legal protection measure for adults.
4.1.1 The Account is a user account made available to you via a login and a password.
4.1.2 The Account remains the ownership of SCRIBENS. You are solely entitled to access the Premium Service, via an Account made available to you.
4.1.3 In order to create an Account, you must enter the following pieces of information:
-	User name
-	Email Address
-	Password
4.1.4 The Account must at least comply with the following rules: personal information must be accurate, verifiable, complete and updated, and a personal and valid email address must be provided. 
If your information changes, you must notify SCRIBENS in this respect.
4.1.5 The user name must correspond to a pronounceable word; not to refer to a political orientation, to an ethnic group, a community, a religion; not be vulgar or insulting; not have any sexual or even pornographic connotation; not resemble or imitate a registered trademark; not to refer to a narcotic product or any other entity prohibited by law; not to be precisely spelled or alternatively spelled for the purpose of circumventing the above imposed rules. 
4.2 Liability / Security
4.2.1 Security
In order to guarantee the security of your Account you undertake:
- Not to give access to your Account to a third party. Any loan, sharing, exchange, donation, purchase, transfer or sale of an Account shall not be enforceable against SCRIBENS;
- To take all required measures in order to prevent a third party from accessing the Account you have activated, even without your knowledge;
- Not to use the Account of a third party;
- Not to distribute your credentials;
- To use a personal mailbox and not to share this email. 
4.2.2 Liability
4.2.2.1 The security of your Account represents your sole responsibility and SCRIBENS shall not be held liable for any damage that your Account or your computer may incur as a result of loss or sharing of your Account credentials.
4.2.2.2 You acknowledge that you, and not SCRIBENS, are responsible for all actions carried out with your Account and that you must use the Account and/or the Service solely in compliance with the laws.
5. DESCRIPTION OF THE PREMIUM SERVICE
5.1 The Premium Service allows you, by signing up for a subscription, to benefit from the advantages which are detailed within the presentation of the Premium account by clicking on the "Premium" tab (or Premium page) of the site www.scribens.com.
5.2 The Premium subscription allows you to benefit from the Scribens site. The latter is protected by copyright which is subject to the APP (agency for the protection of programs).
5.3 Vouchers and other benefits are strictly personal and cannot in any case be transferred towards third parties.
5.4 SCRIBENS reserves its right to add, to remove and/or to replace certain advantages of the Premium Service, without being held liable in this respect.
5.5 The Premium Service is available to you until the termination of your subscription depending on its duration. Once the subscription has expired or is terminated, the granted benefits shall no longer be available to you.
6. AVAILABILITY AND MODIFICATION OF THE PREMIUM SERVICE - LIABILITY
6.1 SCRIBENS shall undertake any measure to ensure the proper functioning of the Premium Service and shall provide you with the Service 24/24, 7 days/7.
However, SCRIBENS reserves its right to implement all modifications and improvements to the Premium Service of its choice related to technical development.
6.2 Thus, on grounds relating to maintenance, testing, repairing or of any other nature related to the improvement and functioning of the Premium Service, the latter may be temporarily interrupted by SCRIBENS. SCRIBENS shall unilaterally decide whether to grant you compensation in the event of interruption of the Premium Service. 
There may be interruptions to the site www.scribens.com for a few tens of minutes due to maintenance reasons.
You exonerate SCRIBENS from any liability in this regard and you waive any claim and/or procedure against SCRIBENS in this respect.
6.3 The liability of SCRIBENS cannot be incurred in cases of force majeure provided by law.
6.4 SCRIBENS reserves its right to permanently interrupt, without compensation, the Premium Service, for any reason whatsoever, you shall be then notified in this respect by any means. 
Any permanent closure of the service will be notified via the Site with a reasonable term of notice. You will then no longer be liable for any payment as of the date of termination of the Service.
6.5 Unless otherwise provided by law or by special terms expressly provided between SCRIBENS and you, you acknowledge and accept that:
- The Premium Service, the Site and their content are provided "as is";
- The use thereof is performed under your full responsibility and at your own risk. As regards minor users, the responsibility incumbent upon their legal representatives;
- SCRIBENS is exonerated of all liability in case of use of the Premium Service which does not comply with these CTCU / GTCS. It would not be held liable for damages, direct or indirect, loss of data or profits, which could occur due to the use or non-use of the Premium Service, negligence or any other reason associated with this Service. 
6.6 SCRIBENS cannot in any case be held liable for malfunctions in accessing the Premium Service, speeds of opening and consulting service pages, speeds of playing videos, temporary or permanent inaccessibility to the Premium Service, the fraudulent use by third parties of the pieces of information made available on the Site.
6.7 In general, SCRIBENS cannot be held liable in case you fail to access all or part of the Premium Service due to any technical defect or to any problem, particularly and, in a non-exhaustive manner related to:
o 	network congestion,
o 	failure of Internet service providers,
o 	incompatibility with certain equipment and/or functionality of your IT equipment,
o 	human or electrical error,
o 	any malicious intervention,
o 	failure and/or congestion of telephone connections,
o 	any and all software or hardware malfunctions.

Any communication between SCRIBENS and you, whether verbal or written, cannot translate into any guarantee not provided within the CTCU / GTCS. 
SCRIBENS cannot be held liable for your errors or omissions.
SCRIBENS cannot in any case be compelled to reimburse you any amount whatsoever in the event of default.
6.8 You guarantee SCRIBENS against any request, claim and/or conviction to damages of which it could be threatened or be subject to, and/or which could be pronounced against it, since these would have for cause, grounds or origin the violation by you of the present CTCU / GTCS, of the legislative and regulatory provisions in force, or would result directly or indirectly from your actions. 
6.9 Certain countries do not allow exclusions or limitations of guarantee, thus the above limitations or exclusions may not apply to you. No information or indication received by you from SCRIBENS, verbally or in writing, could affect this disclaimer of guarantee nor make you benefit from a guarantee.

7. SUBSCRIPTION - ABSENCE OF RIGHT OF WITHDRAWAL
7.1 SCRIBENS offers three types of subscriptions:
- Subscription for a period of 1 month
- Subscription for a period of 3 months
- Subscription for a period of one year
7.2 Thus, in order to terminate your subscription, you must go to the "Your account" section of the website www.scribens.com then to "Unsubscribe" and confirm. The termination does not entail any reimbursement of the subscription price. All the sums paid under the subscription will remain permanently acquired by SCRIBENS.
7.3 In accordance with the provisions of article L. 121-20-2 1° of the Consumer Code, you expressly acknowledge and accept that the provision of the Premium Service begins upon validation of your registration for the Premium Service, thus before the end of the seven clear days’ period provided by the Consumer Code and you shall not benefit from the right of withdrawal related to online or distance selling. Consequently, no request for withdrawal, cancellation or reimbursement shall be admissible for the subscribed period.
8. PRICE
8.1 The price of the Premium Service subscription is indicated on the site www.scribens.com in euros and all taxes are included therein.
8.2 SCRIBENS reserves its right to modify the price of each of the subscription formulas and will then inform you by email at the address indicated on your Account.
8.3 In case of refusal with respect to the price change, you may terminate your subscription. In the absence of termination, the new price shall be as of right applicable.
9. PAYMENT
9.1 All payment performed on the site is secured.
9.2 SCRIBENS does not keep any bank details.
9.3 You acknowledge that all payments that you make, on your behalf or for any person that you represent, are performed with the authorization of the holder of the used means of payment, otherwise SCRIBENS may take all sanctions it will deem necessary.
9.4 In the absence of contrary elements which you will have delivered, the computerized registers, preserved on the computer systems of SCRIBENS and of its partners under reasonable security conditions, will be considered as proof of communications, orders, validations and payments occurred between you and SCRIBENS. These pieces of information will prevail, unless you provide written and contrary proof.
10. PERSONAL INFORMATION / PRIVACY POLICY / COLLECTION AND USE OF INFORMATION
10.1 SCRIBENS undertakes not to communicate your information towards third parties and to take any measure in order to prevent its dissemination, unless expressly authorized by you. SCRIBENS reserves its right to bring legal action against anyone who would attempt to access personal information that does not concern them.
10.2 As a user, and in application of the legislation in force, you are the only person entitled to access, to modify and to delete your personal information. You may exercise this right by email at contact@scribens.com or by post to the postal address of the company SCRIBENS. In accordance with decree n°2007-451 of March 25th, 2007 adopted for the application of law of January 6th, 1978, your request must be presented in written form and it must be signed and accompanied by a photocopy of an identity document bearing the holder’s signature. The request must specify the address to which the response must be sent.
10.3 For statistical purposes, SCRIBENS may have to collect navigation information or certain pieces of information related to your computer (IP, access provider, hardware configuration, software configuration). SCRIBENS uses cookies which make it possible to record information relating to the navigation of the computer on the Site. The navigation software allows to inform on presence of cookies, you can oppose to the registration of cookies.
10.4 SCRIBENS may use these pieces of information for all purposes, particularly in order to improve and to customize as well as possible the Premium Service or to monitor compliance with the terms of this Agreement.
All pieces of information stored on the servers may be used by SCRIBENS to carry out any type of control for the purposes of prevention and sanction, or to improve the Premium service.
10.5 SCRIBENS has no obligation to provide information related to a specific Account, even in case a user requests it, except to the competent authorities within a judicial investigation.
11. INTELLECTUAL PROPERTY / TRADEMARKS
11.1 All the elements, functionalities, tools, documents provided by SCRIBENS (without limitation the Accounts, the Premium Service, the videos, the graphic charter, the logos, the music, the software, the servers, etc.) are protected by French and international copyright and intellectual property laws and are the ownership of SCRIBENS or its partners. These elements are submitted with the APP (agency for the protection of programs). You cannot use these elements without prior written authorization of SCRIBENS.
11.2 All reproduction rights are reserved, including for iconographic and photographic representations of the works presented on the Service. You are therefore prohibited from broadcasting the Scribens program, or copying one or several elements from the site www.scribens.com.
11.3 All data related to the Premium Service or to the Site belong to SCRIBENS and are protected by French, European and international intellectual property laws. You must therefore comply with the prohibitions provided at Article 3.
11.4 All trademarks appearing on the Site or within the elements of the Premium Service are submitted and/or registered trademarks by SCRIBENS or by the companies which are owners thereof. You cannot use these trademarks without prior written authorization of SCRIBENS.
11.5 Any non-compliant use shall terminate the authorization or the license granted by SCRIBENS. 
12. REVISION
12.1 SCRIBENS reserves its right to modify, add and/or remove certain rules provided within the CTCU / GTCS. You will then be notified by any means in this respect. However, the applicable CTCU / GTCS are those in force at the moment of connecting and using the Premium Service. 
12.2 In the event that you would not accept these modifications, you will be free to terminate your subscription.
12.3 You acknowledge that by using the Premium Service after being informed on the modifications, additions and/or removals you accept these modifications, additions and/or removals.
13. CUSTOMER SERVICE
13.1 You may contact customer service at contact@scribens.com or by post at the address of the company SCRIBENS.
14. SANCTIONS / TERMINATION
14.1 In the event of violation of one or several provisions of these CTCU / GTCS or any other document written by SCRIBENS, SCRIBENS reserves its right to terminate or to restrict your use and access without any prior warning and at its sole discretion the Premium Service and your Account, without any compensation.
14.2 SCRIBENS and/or its entitled persons may take the necessary sanctions, and particularly may initiate civil and criminal legal actions against the infringer.
14.3 SCRIBENS may thus terminate this Agreement with or without prior warning and with or without prior notification and may initiate all legal proceedings in the event of your failure to comply with the rules provided within the CTCU / GTCS and particularly in the event of:
- Non-compliance with the terms of access and use of the Premium Service as defined within these CTCU / GTCS; 
- Failure to pay;
- Fraudulent payment;
- Failure to perform one of your obligations defined for the purposes hereof;
- False or fanciful data during your registration;
- Violation or presumption of violation of intellectual property rights relating to the Premium Service and its content;
- Fraud or presumed fraud in the use of the Premium Service.
14.4 You may also terminate, without term of notice nor compensation for the benefit of SCRIBENS, your subscription for legitimate reasons (in the event of serious failure by SCRIBENS to perform its main obligations defined within these general conditions).
15. MISCELLANEOUS
15.1 The CTCU / GTCS in their entirety are governed and interpreted in accordance with French law, except for the more favorable conditions provided by the laws of your country of residence. 
15.2 If one of the conditions or terms of this Agreement would be considered illegal, invalid or unenforceable under a national law, this condition or term shall be removed without prejudice to the application of the other provisions.