TERMS OF SERVICE
Version 1.1 dated June 15th 2016
Summary in plain English
By using the website and/or using the service, you accept all of our Terms of Service. While all provisions of these Terms or Service are important and applicable, we would like to draw your attention to some of them below. In plain English, follow these rules or do NOT use the service.
- Cloem is in public beta. Our service is disruptive. We have plenty of bugs and we work crazy hard to change the world of patents. We encounter technical and/or business and/or legal uncertainties and risks. If you like what we do, send us money so that we can pursue our developments and roadmap. For example, consider to pay for the publication of texts you are happy with. Or consider donating.
- the qualification of cloems™ as “prior art” is a though and critical question. Different prior art standards exist in the world and we do not guarantee the value of prior art of Cloems™. It is absolutely mandatory that you seek advice with a qualified patent attorney in your jurisdiction. You know and accept that: a) we have good reasons to think that cloems™ can (generally) be considered as prior art, but for example in particular jurisdictions, we have no idea if it can be the case indeed (different standards of prior art exist in the world) b) whether a specific cloem is an “enabling” disclosure or not is to be decided on a case by case basis (for example by patent examiners or judges). We have no control and influence on such an assessment (it depends on many parameters, including but not limited to an assessment of the common general knowledge associated with the subject-matter) c) even if one or more cloems™ would be positively considered as prior art (and possibly as enabling disclosures) by patent examiners or judges or an IP expert, we have no idea if patent examiners (or other persons, like inventors, judges and attorneys) will actually consult our databases. We will do our best to ask and convince patent offices and examiners to do so, but we can't force them. As a bottom line: you know and accept that we are not sure about the qualification of “prior art” of cloems™, and a fortiori we do not guarantee it, in any way. Ultimately it is YOUR responsibility to assess this qualification and associated questions and you do bear all of the associated risks, if any, we don't. We just provide a tool; - do not submit copyrighted content (for example do not submit an excerpt of a book);
- do only submit patent claims, if these patent claims are not copyrighted in your jurisdiction (it is your responsibility to make sure of this);
- if you think the patent claims are copyrighted, or if you are not sure, do not submit them;
- do not submit offensive, immoral, illegal or harmful content; - you grant us irrevocable permission to create, use and publish variations or derivative works of your submitted patent claims, for which you have got the necessary or required rights and/or authorizations and/or permissions, if said patent claims are copyrightable or copyrighted;
- you know and accept that most of cloems™ are grammatical, but not all of them;
- you know and accept that many if not most of cloems™ may not be meaningful and that many will have defects (of all kinds, and possibly even cumulatively);
- the number of cloems™ is confidential; you only have an access right to your cloems™;
- created cloems™ from your submitted patent claims are licensed, not sold, to you; the license we grant you is limited;
- cloems™ are not IP free, i.e. they may be encumbered with patent rights (for example);
- we retain ownership of any intellectual property rights in cloems™, other than yours, wherein applicable;
- publication is always optional, you do decide if and when you want to publish;
- once published (with your prior consent), your content will never be removed from public accessibility (this content means: entire series of cloems™, or some cloems™, or one cloem, or a specific part of one cloem, or even a specific word);
- no removal of one or more cloems™ from public availability, never ever; we put legal security first;
- third parties can copy and cache one or more cloems™, out of our control;
- the reduction to practice of cloems™ may reveal be dangerous or not legal: you are not authorized to practice or implement cloems™;
- we moderate a posteriori; please help us in this task;
- we do not provide any data portability; for example if you cancel your account, you will not get your data back (nor your cloems™ on a hard drive);
- we protect your search queries with SSL (extended validation);
- you are limited in your number of access to cloems™ per day (1000 per day and per IP address), we monitor our systems and we use captchas;
- trusted timestamping tokens are not provided by default, unless they are required in and for very exceptional circumstances; in such cases the provision comes for a minimal fee; - we create and optionally publish after payment is received (no payment means no cloems™);
- we do not offer a money refund after creation of cloems™, you are deemed to know what you buy from the description available on the website and your search and browsing experience. If you do not want to follow one or more of these present rules above (and also the ones defined in the terms of service below, which are the binding provisions), you shall NOT use the service.
1. USING OUR SERVICES
2. SUBMITTING CONTENT
4. HARMFUL OR OFFENSIVE CONTENT
6. FINANCIAL TERMS
7. SECURED SEARCH
8. TIMESTAMPING TOKENS
10. INTELLECTUAL PROPERTY
11. CLOEMS™ MAY NOT QUALIFY AS “PRIOR ART”
12. DO NOT MISUSE OUR SERVICES
13. COPYRIGHT OF THESE TERMS OF SERVICE
14. YOUR CLOEM ACCOUNT
15. MODIFYING AND TERMINATING OUR SERVICES
16. DISCLAIMERS OF WARRANTY
17. LIMITATION OF LIABILITY
18. THIRD-PARTY WEBSITES
19. NO LEGAL ADVICE
20. CONTRACT INTERPRETATION
21. NO THIRD-PARTY BENEFICIARIES
22. BUSINESS TRANSFERS
23. ABOUT THESE TERMS
1. USING OUR SERVICES
CLOEM (“CLOEM” or “CLOEM S.A.S.U.” or “cloem.com” or “website” or “we” or “us”) offers access to a variety of services, including the publication of patent claims and variants thereof, called cloems™, as well as other services and publications (“Services” or “Content” or “cloems™”). CLOEM publishes Content from various third-party sources. If you have questions or issues relating to third-party Content on cloem.com you should direct those to the sources of that Content first. Please also notify us. When you use any of the Services or Content found on cloem.com or affiliated websites, either individually or on behalf of a business, educational or research institution, you or that business, educational or research institution agree to comply with and be bound by the following terms and conditions. CLOEM allows for and enables the uploading of Content onto its servers and makes this Content available for search, discovery and analysis. Some CLOEM Services or Content may only be available by subscription, and you may choose to subscribe to one or more of those services as described more below. For now, the access to published cloems™ is free, but we may change this in the future. For the most part, these Terms of Service generally apply to the Services or Content that is publicly available on CLOEM. Depending on the Service or the Content, or whether you have an existing business relationship with CLOEM, more specific terms or conditions could supersede or supplement these Terms of Service.
1.1 Public beta
You understand and acknowledge that our service is being provided as a “Public Beta”, and is made available on an “AS IS” and “AS AVAILABLE” basis for the purpose of providing CLOEM with feedback on the quality and usability of the Service.
The Service may contain errors or inaccuracies that could cause failures, corruption or loss of data and/or information from your device and from peripherals (including, without limitation, servers and computers) connected thereto. CLOEM strongly encourages you to back-up all data and information on your device and any peripherals prior to using the Service. YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH YOUR USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY INTERNET ACCESS FEES, BACK-UP EXPENSES, COSTS INCURRED FOR THE USE OF YOUR DEVICE AND PERIPHERALS, AND ANY DAMAGE TO ANY EQUIPMENT, SOFTWARE, INFORMATION OR DATA.
In addition, CLOEM is not obligated to provide any maintenance, technical or other support for the Service, a fortiori if you use free plans.
If you provide CLOEM with a payment (e.g. by purchasing publication of contents or by donation), we are very happy that you do so, - thank you very much - , you do support our further developments. We will do our best to support you and improve our results. But you do understand that we offer a disruptive service, with a lot of technical, business and legal uncertainties. Because we are still developing the service, you should not expect particular performances. Results in particular may not be suitable for your specific technical and/or business needs.
THANK YOU FOR SUPPORTING OUR PUBLIC BETA. IF APPLICABLE, THE MONEY YOU SEND US SHALL BE CONSIDERED AS A “DONATION” IN ORDER TO LET US TO PURSUE OUR FURTHER SOFTWARE DEVELOPMENTS.
2.1 Patent claims or “base claims”
You may submit Content to CLOEM in the form of patent claims (one or more independent claims with one or more dependent claims). No other form of content is allowed. From your patent claims (called “base claims”), we create so-called cloems™™ or CLOEM® texts. A patent claim (a) presents a technical character (a majority of words are technical) and (b) is made out of one unique sentence. A news article, a book excerpt or some music lyrics are not of technical character and are not allowed. A scientific definition in one sentence is allowable but for better results you should submit a definition in claim language style. If you - or any third party allowed by you - posts or makes material, links or other information available to the Website (previously defined as “Content”), you are entirely responsible for your Content as well as any harm resulting from that (precise) Content. Further, by making Content available, you represent and warrant that: - the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party; - if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content; - you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms; - the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content; - the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing); - the Content does not include any web link, static or dynamically retrievable; - the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party; - the Content is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods; - the Content is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your assignee name is not the name of a person other than yourself or company other than your own; you can enter fake or fantasy data regarding your assignee name, you can choose to hide or to mention such name, but you do not commit identity theft nor undue advertising; - you have, in the case of Content that alludes or otherwise includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by CLOEM or otherwise. When you upload or otherwise submit Content, you give CLOEM (and those we work with) a worldwide license to use, host, store, reproduce, modify, create textual variations and/or create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Services), communicate, publish, publicly perform, publicly display and distribute such content. This license continues even if you stop using CLOEM. Make sure you have the necessary rights to grant us this license for any Content that you submit. CLOEM has the right (though not the obligation) to, in CLOEM sole discretion, (i) refuse or remove any Content that violates any applicable law or regulation or CLOEM policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason. CLOEM will have no obligation to provide a refund of any amounts previously paid.
2.2 Published patent claims
If the patent claims you submit ("base claims") are already public, you and us do NOT need to sign an NDA (Non-disclosure agreement), in order to further protect these base claims. Regarding "private" cloems™ associated with these base claims (i.e. unpublished variants), if any, we do use technical measures of protection (e.g. access rights to display or view contents or other techniques). At the moment, this is not our policy to sign an additional legal document such as a NDA to further protect these private cloems™. If you do not agree, you shall not do business with us.
2.3 Unpublished patent claims
If the patent claims you submit ("base claims") are NOT public (e.g. they confidential), a NDA is NOT a necessity, since we do use technical measures of protection for your data (e.g. access rights to display or view contents or other techniques). At the moment, this is not our policy to sign an additional legal document such as a NDA to further protect your base claims (nor associated private cloems™, if any). If you do not agree, you shall not do business with us.
2.4 Assignee name
During the registration or purchase process, you declare your “Name”. We will not verify this name and furthermore we can't. We do not publish payment contact details. To benefit grace periods provisions (if any in your jurisdiction), it may be advisable that you use your true and exact name (personal name or corporate name), check with your patent attorney. Yet you are free to use a fantasy name or pseudonym but you must follow some rules. The assignee name must be decent and not harmful. You are not allowed to commit identity theft or use a name that will mislead our readers into thinking that you are another person or company. For example, the assignee name of your choice is not the name of a person other than yourself or company other than your own. When you purchase a plan, this name will be optionally displayed in search results, at your consideration. We reject any form of advertising, other than your company name. The name of your corporation is allowed but a corporate slogan is not allowed for example. If your name is not appropriate we have the ability to close your account.
From patent claims (called “base claims”), we create cloems™ or CLOEM® texts. We use a variety of (confidential) techniques to create cloems™ from base claims, involving both humans (manual drafting, crowdsourcing but without disclosure to the public, etc.) and machines (algorithms, specialized and proprietary dictionaries, etc.). The number of cloems™ is confidential. When you buy a package, you get at least 10,000 cloems™ (or otherwise specified). You accept and understand that two very different base claims can result in identical or very similar cloems™. In other words, a given Cloem text can be generated independently by several clients of ours. You know and accept that one or more cloems™ can be, alternatively and/or cumulatively and/or partially or entirely (non-exhaustive list): absurd, amazing, challenging, contradictory, contrary to the laws of physics, defective, enabling, erroneous, exaggerated, funny, genius, impossible, incredible, inspiring, inventive, meaningless, non-functional, non-workable, not plausible, not reducible to practice, novelty-destroying, obvious, revolutionary, speculative, strange, stupid, suggestive, teasing, trivial, unclear, unreasonable, weird, wrong or a combination thereof. Generally speaking, many if not most cloems™ may be meaningless (e.g. absurd, contradictory, etc.). You know and accept this fact. For example, you are strongly invited to browse our databases before purchasing a series. As we all know, absurd sentences can be useful, for example because they can point the reader to a particular point of incoherence or to the contrary to a workable property of another system. Many other uses of absurd sentences can be mentioned (non-exhaustive): fun, game, analogies, almost perfect sentences modulo one major change, understanding by reconstruction, brain teaser, basis to start a new and useful patentable invention, etc.
4. HARMFUL OR OFFENSIVE CONTENT
We do not review individually each Cloem text. We can’t. We have mechanisms in place to avoid the presence of harmful or offensive content in cloems™ (e.g. political opinions, religious beliefs, views on racial matters, sexually explicit content, racist or disrespectful cloems™). Yet, despite our good intentions, efforts, content models and filters, it may happen that some cloems™ comprise harmful content (e.g. dangerous methods being described, methods of manufacturing explosives, etc.). Some Cloems™ may describe dangerous methods that may lead to injuries and damages if reduced to practice, or while trying to reduce them to practice. We disclaim any liabilities of any kind in this matter. We make no editorial choices but we apply the laws. You can contact us to signal harmful contents, and we invite you to do so. If applicable we will remove such contents or the portions thereof with reasonable diligence.
5.1 “No removal” policy
Once published, except for compliance with applicable Laws, you know and accept that cloems™ will not be removed from public availability. In other words, you know and accept that one or more cloems™, once published (i.e. rendered available to the public with your consent, i.e. when indexed and available via our search engine) we will NOT remove them from the website, under any circumstance. The two exceptions are: - because of the law (for example, if we are asked by public authorities to do so) or - because of the presence of harmful or offensive content. If you or a third party are or become annoyed by a particular Cloem text or a plurality of them (for example because you consider that it may endanger future filings of yours), we will NOT remove the cloems™ in question. We consider that our mission is to ensure the legal security of third parties. While it may be in theory possible to publish and then later withdraw a content (that may still qualify for prior art, because having being available to the public for a sufficient period of time), this is not our policy. Our policy is to maintain a permanent access to (lawful) contents. By contracting with Cloem, you know and accept this. Otherwise, you shall not deal with us.
5.2 Data caching by third party
Online publication means possible data caching by third parties. In other words, any third party can cache, copy, email, print or otherwise cache one or more cloems™, even if we restrict data scraping. We do not control copies made out of our cloems™. Once published, we cannot remove content directly from the websites of such third-parties. If you want to remove something from a given website, you should contact the webmaster of said site where the content is posted on and ask him or her to make a change.
5.4 No data portability
CLOEM does not provide any data portability. For example, if you cancel your account, you will not get your data back. In other words, we will not provide any storage media comprising cloems™ created for you.
5.5 Links to CLOEM databases
CLOEM provides built-in, optimized and centralized search. Cloems™ are better searched and retrieved in and from our databases. CLOEM thus encourages links to its database, rather that third-party caching sites. A persistent URL is provided for each cloem text.
5.6 Technical measures of protection
CLOEM authorizes third parties to access and copy a reasonable number of copies of cloems™. We think 1000 cloems™ per day and per IP address is a fair limit. In addition to legal provisions, the Cloem service implements several technical measures of protection of its data. We use captchas to control access to our databases (for selected IP addresses, these measures can be removed). CLOEM reserves the right to blacklist IP addresses and to suspend or interrupt the service to defeat attempts of massive or systematic retrieval.
5.7 Optional publication
Publication of cloems™ is always optional. You decide if - and when - you want to publish yours. Once published, again, we will not remove content (in part or in whole, see above)
5.8 Publication of the base claims and of the assignee name
By default, your name ("assignee name") is published. Your assignee name will be displayed along each of your cloems™ (cloems™ associated with your original patent claims). Anonymity is not by default. Upon request, your name can be omitted in search results. This choice is made by you at the moment of creation and payment. Once submitted, the decision cannot be changed: once published and associated with the name of the client, third parties can copy one or more cloems™ with your name associated and these copies are not under the control of CLOEM anymore. Exceptionally, we can consider to remove your name for one or more cloems™, at least from our search results. Of course we cannot guarantee that third parties have made no copies of them. In any case, the text of the one or more cloems™ will not be removed. At the moment of creation, you can also choose to publish your patent claims “base claims”) or not. In other words, the base claim may not be published at all (only variations will be published). Again, if published, your base claims will not be removed.
5.9 Publication of entire series of cloems™ or selected cloems™
In the current commercial offer, it is not possible to publish only a subset of cloems™ selected by you and to maintain another subset as secret or confidential (not published). If you desire such a feature, please let us know so that we can adapt our roadmap. Meanwhile, you should not use the service, i.e. buy series of cloems™, as the publication is a binary decision of yours.
Cloems™ are tentatively maintained accessible to any third party over time, to the best of our capabilities. Network interruptions or servers downtime, for example, are normal events in the information technology world and these failures have no consequences on the character of prior art of our databases. Cloem will do its best to return to a normal situation as fast as possible.
5.11 Hosting period and renewals
Our commercial offers include hosting periods of 3 and 7 years. CLOEM has chosen these particular durations in view of the technological obsolescence rates which can be observed in technical markets, the patent world fee structure and to replicate the average durations during which patent rights are generally maintained in force. For example, rapidly evolving markets like IT may use hosting periods of 3 years, while healthcare markets may want to use longer publication periods. During the hosting period chosen by you, we will maintain at our best a public access to your cloems™. If the company is bankrupted before a hosting period is over we will still maintain access to cloems™, to the maximum extent possible in view of our obligations and capabilities. Three months before the expiration of the chosen hosting period, we will ask you whether you wish to maintain access to your cloems™. If the answer is positive, we will charge you half of the initial price, corrected by the inflation observed over the period. If the answer is negative, CLOEM will not provide access to the series of cloems™ in question. If you do not respond, CLOEM may cease to provide public access. In your interest, it is your responsibility to provide accurate and up to date contact details.
5.12 Free publication
We may offer publication for free, in some circumstances. In such a case, CLOEM has no obligation to host contents. We will do our best to host and maintain accessibility to Cloem texts published for free, but if we receive no money it may happen that we no longer can afford to pay our service providers and we may have to terminate the service, in part or entirely.
CLOEM creates - and optionally publishes - cloems™ after payment is received. “No payment” means “no cloems™”. If there is a charge associated with a portion of the services, you agree to pay that charge. The price stated for the service excludes all applicable taxes and currency exchange settlements, unless stated otherwise. You are solely responsible for paying such taxes or other charges. We may suspend or cancel the services if we don't receive an on time, full payment from you. Suspension or cancellation of the services for non-payment could result in a loss of access to and use of your account and its content.
6.1.1 Free plans
CLOEM may propose free creation of contents, for a limited period of time (or in a permanent manner).
When you configure a free plan, some particular provisions do apply.
In simple words: with a free plan, you and CLOEM backend coders and designers are co-authors and/or co-inventors (if applicable), CLOEM does own the IP (if any) and you are granted a limited license (access and copy).
In more details, a “free” plan is a plan free of charge which enables you to test Cloem technology. Unless stated otherwise, limitations of texts created for free are: 1) after 60 days, created texts will be deleted from our servers 2) created texts cannot be published by Cloem 3) created texts are not timestamped 4) at least 10 000 texts will be created 5) not all Cloem's algorithms and drafting techniques will be used to create texts 6) specific IP provisions do apply.
By contrast, if we receive an definitive irrevocable payment of as set forth in the "buy" section of our website (i.e. a value which is different from zero), you will get: 1) texts will be hosted for a period of at least 7 years 2) texts are publishable (if and when you decide) 3) created texts are timestamped 4) at least 50 000 texts will be created 5) all algorithms and available know-how will be used at best to create texts 6) standard IP provisions - as set forth in these terms of service - do apply.
6.2. Your billing account
To pay the charges for a service, you will be asked to provide a payment method at the time you sign up for that service. You can access and change your billing account information and payment method by login in on the cloem.com website. Additionally, you agree to permit CLOEM to use any updated account information regarding your payment method provided by your issuing bank or the applicable payment network. You agree to keep your billing account information current at all times. Changes made to your billing account won't affect charges we submit to your billing account before we could reasonably act on your changes to your billing account.
CLOEM for now uses PayPal and bank transfers. By providing CLOEM with a payment method, you (i) represent that you are authorized to use the payment method that you provided and that any payment information you provide is true and accurate; (ii) authorize CLOEM to charge you for the services using your payment method; and (iii) authorize CLOEM to charge you for any paid feature of the services that you choose to sign up for or use while this agreement is in force. We may bill you (a) in advance; (b) at the time of purchase or (c) at a later stage for renewals of hosting period.
6.4. Automatic renewal
For the moment, CLOEM does not offer automatic renewals. Please let us know if you want such a service.
6.5. Online statement and errors
CLOEM provides you with an online billing statement accessible from your CLOEM account, where you can view and print your statement. This is the only billing statement that we provide. It's your responsibility to print or save a copy of each online statement and retain such copy for your records. If we make an error on your bill, you must tell us within 120 days after the error first appears on your bill. We will then promptly investigate the charge. If you don't tell us within that time, you release us from all liability and claims of loss resulting from the error and we won't be required to correct the error or provide a refund. If CLOEM has identified a billing error, we will correct that error within 90 days.
6.6. Cooling off period
When you request a service from us, you agree that we begin to provide the services immediately after payment is received. You won't be entitled to a cancellation or "cooling off" period (except if the law requires a cooling off period).
6.7. Trial period offers
CLOEM currently does not offer trial periods.
6.8. Price changes
We may change the price of the services at any time. In particular, the prices of our coming Labs services may vary frequently.
6.9. No refund
Unless otherwise provided by law or by a particular service offer, all purchases are final and non-refundable. You do not have the ability to return or cancel your purchase after payment is received. Before that, you may cancel the transfer with your bank. Immediately after that payment is received, we do engage our costs to create contents. You are deemed to know what you are buying by visiting our website and/or by browsing existing contents before your purchase. Nevertheless, if you are extremely unhappy and provided that you let us know why, as a sign of goodwill, we may consider a partial refund. This would in any case not affect the publication of the related cloems™, which – be you satisfied or not – will remain accessible to the public.
6.10. Canceling the services
You may cancel the services at any time, with or without cause. Information and direction on how to cancel your services is provided on cloem.com on your CLOEM account. You should refer back to the offer describing the services as (i) you will not receive a refund at the time of cancellation; (ii) you will not have to pay cancellation charges; ; or (iii) you may lose access to and use of your account when you cancel the services. If you cancel, your services end at the time of cancellation. If you have published contents, we will not withdraw them from public accessibility. Publication is irrevocable. A cancellation order cannot be undone.
6.11. Internet access services and charges
CLOEM services do not include Internet access, you are responsible for paying the fees charged by your Internet access provider. Those fees are in addition to the fees you pay us for the services. If you access the services through wireless devices (for example, mobile phones, tablets), your wireless carrier may charge fees for alerts, web browsing, messaging, and other services that require the use of airtime and wireless data services. Check with your carrier to verify whether there are any such fees that may apply to you. You are solely responsible for any costs you incur to access the services through any wireless or other communication service.
As indicated in our Disclaimers of Warranty and Limitations of liability, the contents are provided “as is” and we do not offer warranty of any kind. You agree to indemnify and hold harmless Cloem of and from any and all claims, demands, losses, causes of action, damage, lawsuits, judgments, including attorneys' fees and costs, arising out of or relating to the work of Cloem. IN NO EVENT SHALL THE MAXIMUM LIABILITY HEREUNDER EXCEED THE SUM OF 50% OF THE SUM OF THE SERIES OF CLOEMS™ (HAVING BEING PURCHASED AND ASSOCIATED WITH THE LIABILITY). For example, if you purchase a series of cloems™ at 899 US dollars, our maximum liability would be 499 US dollars (if such liability is legally established).
7. SECURED SEARCH
CLOEM uses (Extended Validation) SSL encryption for search queries and return of results.
With our SSL Secured Search, you can have an end-to-end encrypted search solution between your computer and CLOEM. This secured channel helps protect your search terms and your search results pages from being intercepted by a third party. A side-effect of this encrypted communication is that browsers no longer send referrals when you're clicking on search results that don't use SSL. Read: http://www.wipo.int/sme/en/documents/patent_searching.htm CLOEM Secure Search has a special logo (“SECURE” is displayed in green under the search button). When the encryption is active, the logo is displayed. If the encryption is not available, the logo is not displayed and no search can be performed. In addition, you can double-check in the URL address bar the status of the encryption with the display of the green browser bar as well as of the https:// prefix (with “s” for secure). Read more information: http://en.wikipedia.org/wiki/HTTP_Secure and https://www.eff.org/https-everywhere/deploying-https Note that USTPO Search and EPO Espacenet are NOT encrypted by default.
8. TIMESTAMPING TOKENS
CLOEM uses so called trusted timestamping tokens according to RFC 3161 to provide a reliable date of creation of cloems™. You can ask CLOEM to publish immediately after creation or to postpone said publication to a later date or your choice. Each Cloem text is then associated with the effective of date of the first publication, according to your choice. Regarding the date of creation, our mathematical RFC3161 tokens correspond to a best effort regarding the creation date. Regarding the date of publication, there is no perfect mathematical proof available to our knowledge. Because this is our core business, we are extremely diligent to proceed to publication (if and when authorized by you). We think that the indication of the date of the publication of a Cloem text, associated with the token for its creation, is sufficient to establish a reliable date of publication. To our knowledge, the provision of timestamping tokens to patent offices is not required, at least at the moment, and the legal burden of proof or necessity of proof lies with the party which would lay charge. Nevertheless, in the future, it might be that higher standards of proofs will be required, and if this happens we may modify our service. Note that access logs are not monitored and will not be monitored as explained in our policy for logs. Following, dates of access of cloems™ are not available. In legal terms, timestamping tokens are not the accessories of cloems™. Cloems™ (i.e. yours) are licensed, not sold, to you. You a priori do not have any rights on cloems™ of others. The one or more associated timestamping tokens associated with your cloems™ are not sold to you and the one or more licenses we grant you do not - and never - comprise any rights on these tokens (no access rights, no ownership, etc.). You know and accept that our timestamping tokens are not part of our regular commercial offer, i.e. you have no right to know, see, access, copy, retrieve, own, rent or otherwise buy these tokens. If tokens are not for sale at this point in time as part of our regular commercial offer, in very exceptional circumstances, - and only if required by applicable law and for a fee -, CLOEM will provide to the legal authorities (and only to the applicable and legal authorities of your country, i.e. not to you directly) the one or more tokens which would be required to prove the date of creation (for example in the context of a litigation). Note that legal authorities in our definition do not comprise patent offices, i.e. administrative courts (patent examiners etc.). Authorities do comprise civil and criminal courts. Covered jurisdictions are also limited to countries of the G20, all other countries are excluded. Before such a provision of one or more tokens, you have the burden of proof, i.e. you shall demonstrate to us that such tokens are necessary to support you and win your case. In such cases, you thus agree from now on that such a provision will come for a fee. Such fee is part of our business model and is also justified by risks versus our own intellectual property and trade secrets. In any case, you and the legal authority involved must guarantee that the disclosure of the one or more tokens will remain confidential, and that the highest standards for data protection are taken. Said fee for the provision of the one or more tokens to said authorities shall not be inferior to the highest amount chosen in the list comprising 5% of the requested damages or reparations or compensations (be they direct or indirect or consequential or else) and 500 000 euros. You disclaim any other provision that would lead or force us to provide these tokens for an inferior amount.
10. INTELLECTUAL PROPERTY
You retain ownership of any intellectual property rights that you hold in the - precise and exact - patent claims or Content which you submit to CLOEM ("base claims"). You grant irrevocable permission to CLOEM to create, use and publish derivative works of your uploaded Content, if copyright is applicable. In all other cases, you allow CLOEM to create - and use and publish if applicable - an unlimited numbers of variations or adaptations or translations or any other derived works from your patent claims. CLOEM retains full ownership of any IP other than yours, wherein applicable.
10.1 General provisions
Using our Content does not give you ownership of any intellectual property rights in the Content you access. You may not infringe the intellectual property rights associated with any Content. This does not restrict you from obtaining express permission from its owner or as otherwise permitted by law. These terms do not grant you the right to use any invention or patentable inventions or logos found in our Content. Don’t remove, obscure, or alter any legal notices displayed in or along with our Content. Unless otherwise notified at the time of access and as referred to above, CLOEM does not offer any license or use in the Content you locate on our Website or any of its databases. Our Website presents Content using unique retrieval, access, and presentation methodologies. These methodologies are protected by our copyright. You agree not to modify, decompile, disassemble, create derivative works from or otherwise reverse engineer any Content, the CLOEM Website, or other computer programs or services associated with the CLOEM Website. You may not, without the prior written permission of CLOEM, use any computer code, data mining software, robot, bot, spider, scraper, or other automatic device, program, algorithm or methodology having similar process or functionality, or any manual process, to deep-link to, redistribute, retransmit, republish, commercially exploit, display or copy in bulk the content found on or through the CLOEM Website. By your use of our Content, either individually or on behalf of a business or an educational or research institution, you agree to hold harmless and indemnify CLOEM and its affiliates, officers, agents, managers, members, and employees from any claim, suit or action arising from or related to the use of the Content or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs, and attorneys’ fees. The information contained in our website was believed to be correct at the time it was made available. Be aware, for example, that new patents and patent applications, altered status of patents, disclosures, and case law may result in changes to the information which may not be reflected by the Website.
10.2 Intellectual property rights in, of or on cloems™
Cloems™ are generally not free of Intellectual Property rights (“IP” comprising but not limited to copyright and patent rights). You - or a visitor on the website - should keep in mind, in particular, that cloems™ may NOT be in the public domain, i.e. may be encumbered with third party patent rights and copyright. This is reminded by the mention “not IP free” on the page of results. For example, one or more cloems™ may fall under the preexisting patent rights. In other words, there is probably (and generally) no freedom to operate what is described in cloems™. You as a client who submits patent claims do retain ownership of any intellectual property rights that you may hold in the patent claims or Content which you submit to CLOEM. CLOEM retains ownership of any other intellectual property rights in cloems™, wherein applicable. For example, a Cloem text with a different scope of protection than your original patent claims (base claims) is an intellectual property asset of CLOEM (or a potential one, for example if we use a grace period provision to file a patent application based on such a Cloem text, or if we use particular national provisions like “possession personnelle antérieure” in France). For example, the scope of a given Cloem text may go beyond the original claims (be more generic) or to the contrary, be more specific. Novelty and inventive step considerations (comparing your base claims and our cloems™ for example) are alien to this ownership agreement. Depending on the jurisdiction, copyright may also be applicable to one or more cloems™. CLOEM has no obligation to handle your own patent clearances or freedom to operate analysis, for which you remain solely liable and responsible. The following sections detail copyright and patent rights associated with cloems™.
10.2.1 Provisions for free plans
If you do not pay us, particular IP provisions do apply.
1) by uploading Content (e.g. base claim, text, vocabulary, patent classification symbols, etc.), you hereby grant Cloem a non-exclusive, royalty-free, fully paid-up, perpetual, irrevocable, transferable, unlimited license under all of your Intellectual Property Rights to use and otherwise exploit your uploaded content for any purpose. Further, by submitting content, you represent and warrant that:
(i) your Content does not contain the confidential or proprietary information of you or of third parties;
(ii) your content is not copyrighted; if you don't know, don't send us your Content;
(iii) if your content is copyrighted, in whole or in part, you grant us unconditional and irrevocable permission to create derivative works thereof, and you warrant that you have received necessary and sufficient permission if applicable;
(iv) Cloem may have something similar to the Content already under consideration or in development;
(v) you are not entitled to any compensation or reimbursement of any kind from Cloem for the Content under any circumstances.
2) Inventorship: if patentable matter is later identified, inventorship as a matter of law depends on the different contributions of each party (you and/or CLOEM). While inventorship can be determined on a case-by-case basis, general observations can be formulated. At one extreme, if you provide a base claim of your own and you do enter your own vocabulary, CLOEM's role may be considered "minor" at first but we underline that CLOEM still has a significant role of rendering final sentences for real (we provide the enabling infrastructure and execute subtle decisions at multiple grammatical and vocabulary levels). At another extreme, if you do select one of our base template claims and use exactly the vocabulary we provide, without any changes or with relatively few changes, your own role may reveal to be "minor" (but we recognize that you do point us at some particular semantic directions, in this vast space of possibilities). In view of these general observations, by using the service, you agree that CLOEM (its human designers and coders) and yourself are to be considered co-inventors (i.e. if necessary, you will defend this position before a court or any other party). This situation is well-balanced in our view (there are other remaining arguments).
3) Ownership: with a free plan, you agree that CLOEM owns the IP being created (copyright and/or patentable subject-matter), wherein applicable. This for example means that if applicable you do transfer us any ownership you may hold on created texts (this transfer of property, if required, is fully paid-up and irrevocable).
4) License: Cloem texts are licensed not sold to you. More precisely, with a free plan, you are granted an access to Cloem texts and you can copy a reasonable amount of created texts. If you choose to publish one or more of them, we require that you insert our copyright notice (which in particular comprises the address of our website).
5) Limited 60 days lifespan: with a free plan, after 60 days, all the texts will be deleted from our servers. Cloem does not keep logs: we won't store base claims, vocabulary choices other than in aggregated forms. Once deleted, we cannot reinstate created texts: you have to remember your base claims and vocabulary choices. Note that we may independently re-create some if not an important number of texts.
6) If we offer “free publication”, CLOEM has no obligation to host contents. We will do our best to host and maintain accessibility to Cloem texts, but if we receive no money it may happen that we no longer can afford to pay our service providers and we may have to terminate the service, in part or entirely.
Our methods of creations of cloems™ are proprietary and confidential. Both machines and humans are involved in the creation of Cloem texts, which we consider as works of authorship (at least some of them). The copyright status of the content of patent applications, and of patent claims in particular, may vary from one jurisdiction to another. Copyright laws of most countries have some unique features and use different tests. In most cases, there is no copyright in patent document texts (drawings here are not considered, they may or may not be copyrighted, this is indifferent because Cloem does not handle drawings at all). The text of patent documents includes all the different sections (comprising the specification in the US or the description in Europe for example, the patent claims, the title, etc.). A fortiori, there is no copyright in patent claims. Therefore, in such a case, CLOEM does not need a permission to create derivatives thereof. Yet modifications of these patent claims can lead to copyrightable materials. CLOEM retains full ownership of all cloems™™, including of those created for you, wherein applicable. CLOEM is the owner of all intellectual property rights, to the maximum extent permitted by law. We do consider cloems™ as works of authorship, at least some of them. Authors are humans, helped by the machines. Wherein applicable, we retain all IP rights associated with our creations, such copyright and patent rights. By contracting with CLOEM, you know and accept this. Otherwise, you shall not deal with us. In some other cases, according to national jurisdictions and/or whether they have been filed and/or published or not before a patent office, there still may be copyright in patent documents, and in particular there may be copyright in patent claims. By uploading your Content to CLOEM, you certify that you do own the copyright, if any, [or you warrant or guarantee us that you have got the appropriate permission from the drafter(s) and/or from the patent attorney(s) and/or from the lawyer(s) and/or from the patent examiner(s) regarding amendments and/or from the appropriate employer(s) and/or from the other appropriate legal entity or entities] and you do explicitly allow CLOEM to create, propagate and exploit cloems™ thereof to the maximum extent permitted by law. If applicable, in presence of copyright, cloems™ will thus be assimilated to “derivative works” or “derived works”. Propagation means publication by any means, including electronic or paper publications. Exploitation means to retain all IP rights applicable on cloems™ derived from your patent claims. If you have a proven ownership of a valid copyright and you estimate that another copyright notice or “assignee name” is required for a certain Cloem text, please contact us. Please remember that two independent and different patent claims can lead to strictly identical cloems™, and a fortiori to similar cloems™. In such a coincidence, different dates may be indicated.
10.4 Patent rights (e.g. grace periods)
In some jurisdictions, it is possible to claim patent rights during a certain period of time after and despite a publication to the public. In this perspective, during the base claims submission process, CLOEM asks for the (optional) mention of the "assignee" name of your choice (provided this name is acceptable, e.g. is not harmful, is not undue advertising, etc.). This assignee name may or may not later appear in search results, at your choice. Would you later want to claim such rights, you are sole responsible for the accuracy and exactness of the information provided during the submission of your base claims. CLOEM will not update or modify such information after the submission. We thus recommend that you use your legal name publicly on the service. Using a pseudonym or a pen name may affect your rights (grace period for example). We ask you to provide accurate, truthful, current and complete information when creating an account on CLOEM. We rely on you our clients to identify and properly choose and mention this name. We do not control it a priori or a posteriori. CLOEM reserves the right to file patent applications, based on one or more cloems™. If one or more exclusive rights are granted on the basis on these cloems™, CLOEM will NOT ask to take a license for parties who have submitted patent claims which are similar to the granted exclusive rights. In all other cases, CLOEM keeps (i.e. does not disclaim) the right to demand to third parties (including you as a client) to take a license, if applicable. Note that CLOEM is willing to preserve good and fair business relationships.
10.5 Definition of “Your cloems™”
“Your cloems™” are the cloems™ created for you when you purchase one or more packages or series of cloems™, and which are associated solely with your exact and accurate personal or corporate identification and made available through our search engine. In particular, you know and accept that two different patent claims (“base claims”) can lead to exactly the same Cloem text. In such “collision” case, a Cloem text can be associated with two or more different names. In such a case, such a Cloem text is not part of “your cloems™”, it is our property.
10.6 Granted license on “Your cloems™”
You know and accept that your cloems™ are licensed, not sold, to you. CLOEM grants you a non-exclusive, worldwide, paid-up license to search the cloems™ for which you have paid for (i.e. to search in your cloems™). You can copy one or more of your cloems™ to the extent of 1000 per day. CLOEM does not grant you a license to manufacture, make, implement, use, sell, offer to sell, import and otherwise run, modify, re-publish or propagate patentable inventions - as well as unpatentable innovations - described in one or more of your cloems™. The term “propagate” includes copying, distribution (without modification), making available to the public, and in some countries other activities as well. To refer to one or more of your cloems™, you agree to link to our website. CLOEM does not grant you the right to publish or re-publish one or more of your cloems™ in other website than the CLOEM website (or a website agreed by us). This license granted to you is limited to a nontransferable license. You may not rent, lease, lend, sell, transfer or sub-license said license.
10.7 No reverse engineering
Any operation of reverse engineering (or any attempt in this direction) is forbidden. You may not copy (except as expressly permitted), decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the service provided by CLOEM, for example the search engine (except as and only to the extent that any foregoing restriction is prohibited by applicable law). Any attempt to do so is a violation of our rights. If you breach this restriction, you may be subject to prosecution and damages. In particular, you will not try to analyze the creation algorithms. In addition, you accept to adopt any required measures to avoid such reverse engineering. In particular, you will advise your employees and business partners not to conduct such analysis. While you (and any third party) are allowed to read, copy, modify and publish a reasonable number of cloems™, no one is allowed study generated contents in the purpose of discovering our creation algorithms. For example, such a study can correspond to a systematic review of cloems™ and/or a massive retrieval of contents. Any non-reasonable review of cloems™ may be interpreted as being attempts of reverse engineering. The criteria for such a non-reasonable analysis are likely to change over time and are defined at the discretion of CLOEM.
10.7 Unsolicited disclosures
If you submit feedback or suggestions about our Services or Content (for example in the “Contribute” section of the website or by sending us an email or a letter in paper), we may use your feedback or suggestions without obligation to you.
10.7 DMCA and copyright protection
We respond to notices of alleged copyright infringement and terminate accounts of repeat infringes according to a process set out in the U.S. Digital Millennium Copyright Act. CLOEM respects the copyright of others, and we ask our clients and users to do the same. CLOEM may, in appropriate circumstances and at our discretion, disable and/or terminate the access of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our notice and procedure for making claims of copyright infringement and provide CLOEM Copyright Agent the following information: a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright; b) a description of the copyrighted work that you claim has been infringed; c) a description of where the material that you claim is infringing is located on the site; d) your address, telephone number, and email address; e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
The Agent for notice of claims of copyright infringement can be reached as follows:
By email: copyright at cloem com
By paper mail: Copyright Agent Marie-Thérèse VERNEREY CLOEM S.A.S.U. 16, boulevard Alexandre III 06400 Cannes France
10.8 CLOEM's IP
Our trademarks Cloem is a registered trademark of Cloem S.A.S.U. in several countries. We use the trademark Cloems™™ to designate our texts. When creating ads, white papers, sales materials, general collateral using the Cloem logo We ask that you put one of the following taglines at the bottom of the page or ad etc., whenever you feature the Cloem logo: © 2016 Cloem S.A.S.U. All rights reserved. Cloem is a registered trademark of Cloem S.A.S.U., visit www.cloem.com When using a Cloem product screenshot or data We ask that you put the following tagline beneath any image featuring a Cloem product screenshot or data: "Cloem is a registered trademark of Cloem S.A.S.U., visit www.cloem.com" Rules for Proper Usage of our trademarks When given permission to use a Cloem trademark, you must always follow these present Rules for Proper Usage. Things you must do: - if you are using a Cloem trademark, distinguish the trademark from the surrounding text in some way (capitalize the first letter, capitalize or italicize the entire mark, place the mark in quotes, use a different type style or font for the mark than for the generic name, etc.) - use the trademark only as an adjective, never as a noun or verb, and never in the plural or possessive form. - use a generic term following the trademark, for example: "Cloem search engine", "Cloem search", "Cloem web search", etc. - use only Cloem-approved artwork when using Cloem's logos. Things not permitted: - don't mess around with our marks. Don't remove, distort or alter any element of our trademarks (this includes modifying a Cloem trademark, for example, through hyphenation, combination or abbreviation, such as: "cloemly", "cloemania", etc. - - do not shorten, abbreviate, or create acronyms out of Cloem trademarks. - don't display a Cloem trademark in any manner that implies a relationship or affiliation with, sponsorship, or endorsement by Cloem. - don't display a Cloem trademark in a manner that is in Cloem's sole opinion misleading, unfair, defamatory, infringing, libelous, disparaging, obscene or otherwise objectionable to Cloem. - don't display a Cloem trademark on a site that violates any law or regulation. - don't frame or mirror any Cloem page (including the page that appears in response to a click on the Cloem logo or Cloem search box). - don't incorporate Cloem trademarks into your own product name, service names, trademarks, logos, or company names. - don't copy or imitate Cloem's trade dress, including the look and feel of Cloem web design properties or Cloem brand packaging, distinctive color combinations, typography, graphic designs, product icons, or imagery associated with Cloem. - don't adopt marks, logos, slogans, or designs that are confusingly similar to our branding. - don't use or register Cloem trademarks as or incorporated in social media account names or profiles. - don't register Cloem trademarks as second or third level domain names. - don't use Cloem trademarks in a way that suggests a common, descriptive, or generic meaning. Trademark rights vary from country to country. Some countries have severe criminal and civil penalties for improper use of the registration symbol. Therefore, don't use the registration symbol (®) in countries where the mark has not been registered.
11. CLOEMS™™ MAY NOT QUALIFY AS “PRIOR ART”
The qualification of Cloems™™ as “prior art” is a though and critical question. Different prior art standards exist in the world and we do not guarantee the value of prior art of our texts. It is absolutely mandatory that you seek advice with a qualified patent attorney in your jurisdiction. You know and accept that: a) we have good reasons to think that our texts can (generally) be considered as prior art, but for example in particular jurisdictions, we have no idea if it can be the case indeed (different standards of prior art exist in the world) b) whether a specific text is an “enabling” disclosure or not is to be decided on a case by case basis (for example by patent examiners or judges). We have no control and influence on such an assessment (it depends on many parameters, including but not limited to an assessment of the common general knowledge associated with the subject-matter) c) even if one or more cloems™™ would be positively considered as prior art (and possibly as enabling disclosures) by patent examiners or judges or an IP expert, we have no idea if patent examiners (or other persons, like inventors, judges and attorneys) will actually consult our databases. We will do our best to ask and convince patent offices and examiners to do so, but we can't force them. As a bottom line: you know and accept that we are not sure about the qualification of “prior art” of cloem® texts, and a fortiori we do not guarantee it, in any way. Ultimately it is YOUR responsibility to assess this qualification (and associated questions) and you do bear all of the associated risks, if any, we don't. We just provide a tool.
12. DO NOT MISUSE OUR SERVICES
Don’t interfere with our Services or Content or try to access them using a method other than the interface and the instructions that we provide. Do no try to proceed to massive downloads of our Content. You may use our Services or Content only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services or Content to you if you do not comply with our terms or policies, or if we are investigating suspected misconduct.
13. COPYRIGHT OF THESE TERMS OF SERVICE
These terms of service are our copyright and shall not be reproduced without prior written consent. You may copy and distribute excerpts, in the limits of fair use, but not the entire terms of service.
14. YOUR CLOEM ACCOUNT
You may need a CLOEM account in order to use some of our Services or Content. In addition, you may create your own CLOEM account, or your account may be assigned to you by an administrator, such as your employer or educational institution. If you are using a CLOEM Account assigned to you by an administrator, different or additional terms may apply and your administrator may be able to access or disable your account. If you create or are assigned an account with CLOEM, you are responsible for maintaining its security and your uploaded content, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. Please immediately notify CLOEM of any unauthorized uses of your account, your Content, or any other breaches of security. CLOEM will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. In connection with your use of the Website, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.
15. MODIFYING AND TERMINATING OUR SERVICES
We are constantly changing and improving our Services and Content. We may add or remove functionalities or features, and we may suspend Services or Content altogether. You can stop using our Services or Content at any time. CLOEM may also stop providing Services or Content to you, or add or create new limits and access to our Services or Content at any time. We believe that you own your data, namely your patent claims, and preserving your access to such data is important. If we discontinue one or more of the Services, including by discontinuing the hosting of the Content on our Website, where reasonably possible we will give you advance notice and a chance to copy or backup your patent claims, but not Your Cloems™, from that Service or Services.
16. DISCLAIMERS OF WARRANTY
We provide our Content using a commercially reasonable level of skill and care and we hope that you will use the Website and find it useful. But there are certain things that we do not promise about our Content or the Website. OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, CLOEM AND ITS PARTNERS DO NOT MAKE ANY SPECIFIC PROMISES ABOUT THE WEBSITE OR ITS CONTENT. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT, FOR EXAMPLE CLOEMS™, THE SPECIFIC FUNCTION OF THE SERVICES OR CONTENT, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES AND CONTENT (E.G. “CLOEMS™”) “AS IS” AND “AS AVAILABLE”. SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES. IN OTHER WORDS, THERE IS NO WARRANTY FOR THE SERVICE, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING, THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE SERVICE PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
17. LIMITATION OF LIABILITY
WHEN PERMITTED BY LAW, CLOEM, AND ITS PARTNERS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES. TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF CLOEM AND ITS PARTNERS, FOR ANY CLAIM UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES OVER THE TWELVE- (12-) MONTH PERIOD PRIOR TO THE DATE THE CAUSE OF ACTION AROSE. IN ALL CASES, CLOEM, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE. IN NO EVENT SHALL CLOEM’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. IN OTHER WORDS, IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MODIFIES AND/OR CONVEYS THE SERVICE AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF CLOEMS™ TO QUALIFY AS PRIOR ART IN YOUR LOCAL JURISDICTION), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Interpretation of the two preceding sections: if the disclaimer of warranty and limitation of liability provided above cannot be given local legal effect according to their terms, reviewing courts shall apply local law that most closely approximates an absolute waiver of all civil liability in connection with the Service.
18. THIRD-PARTY WEBSITES
As a convenience to you, CLOEM may provide links to websites operated by other entities. If you use these websites, you will leave CLOEM. If you decide to visit any linked website, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. When you access a non-CLOEM website, you understand that it is independent from CLOEM, and that CLOEM has no control over the content, or your privacy, on that website. In addition, a link to a non-CLOEM website does not mean that CLOEM endorses or accepts any responsibility for the content, or the use, of such website.
19. NO LEGAL ADVICE
THE INFORMATION ON THIS WEBSITE IS NOT LEGAL ADVICE. YOU SHOULD NOT AND ARE NOT AUTHORIZED TO RELY ON THIS WEBSITE AS A SOURCE OF LEGAL ADVICE. LEGAL INFORMATION IS NOT THE SAME AS LEGAL ADVICE WHICH IS THE APPLICATION OF LAW TO AN INDIVIDUAL’S SPECIFIC CIRCUMSTANCES. THE INFORMATION ON THIS WEBSITE IS NOT A SUBSTITUTE FOR AND DOES NOT REPLACE THE ADVICE OR REPRESENTATION OF A LICENSED ATTORNEY. Although we try to make sure that the information on the Site is accurate and up to date, we are not able to make, and do not make, any claim as to the accuracy of this information and we are not responsible for any consequences that may result from the use of this Site or any information on this Site. We recommend that you consult with a licensed attorney to determine whether the information on this Site and your interpretation of it are appropriate for your particular situation. The use of this Site does not create an attorney-client relationship between us or our affiliates and any user or any entity or person associated with a user. CLOEM does not offer legal advice. Nothing we may provide should be used as a substitute for advice of appropriate counsel. Be aware that intellectual property law varies considerably from country to country, so some information presented here may not be applicable to you. Although we make every attempt to provide current information, we do not promise that everything on this website is complete or up to date.
20. CONTRACT INTERPRETATION
This is the entire agreement between you and CLOEM for your use of the services. It supersedes any prior agreements between you and CLOEM regarding your use of the services. All parts of this agreement apply to the maximum extent permitted by relevant law. If a court holds that we can't enforce a part of this agreement as written, we may replace those terms with similar terms to the extent enforceable under the relevant law, but the rest of this agreement won't change. The agreement’s section titles are for reference only and have no legal effect.
21. NO THIRD-PARTY BENEFICIARIES
This agreement is solely for your and our benefit. It isn't for the benefit of any other person, except for CLOEM’s successors and assigns. In other words, these terms control the relationship between CLOEM and you. They do not create any third party beneficiary rights. If you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future). If it turns out that a particular term is not enforceable, this will not affect any other terms.
22. BUSINESS TRANSFERS
We may disclose your personal information to any person or company that acquires all or substantially all of the assets or business of CLOEM S.A.S.U., or on a merger of our business, or in the event of our insolvency.
23. ABOUT THESE TERMS
CLOEM is designed and intended for those who have reached the age of majority (18 years of age) and by using our Website you affirm that you are at least 18 years of age or older. We may modify these terms or any additional terms that apply to our Content, for example, to reflect changes to the law or changes to our Content. You should look at the terms regularly. We’ll post notice of modifications to these terms on this page. If you do not agree to the modified terms for our Content, you should discontinue your use of the Website. CLOEM further makes no representation that the Services or Content found at this Website are appropriate or available for use at your location and access to them from territories where their Content is illegal is prohibited. You may not use the Website or export the Services or Contents in violation of your jurisdiction export laws and regulations. You are responsible for compliance with all local laws. The laws of France will apply to any disputes arising out of or relating to these Terms of Service or the Services or Content. All claims arising out of or relating to these terms or the Services will be litigated exclusively before French Courts and you and CLOEM consent to personal jurisdiction in those courts. CLOEM reserves the right to update and change the Terms of Service from time to time without notice. Your use of the service constitutes acceptance of the changes in the terms.
Cannes (France), June 15th 2016