Terms and conditions Evalbox

BETWEEN:
The Evalbox company, designated as ‘us’, ‘the company’, ‘our’, ‘we’ ; located at :
Evalbox
85 chemin du cros du pont
34 000 Fuveau
FRANCE
registered at :
RCS 537 374 993
AND
The user of our Site and Services, referred to herein as ‘the user’, ‘you’.

OFFER OF THE CONTRACT

The Evalbox company provides to its users the Services of database warehousing and tools to create evaluations results (referred to herein as ‘Services’ or ‘Evalbox’), on its Website whose URL is www.evalbox.com (collectively known as ‘Evalbox’, ‘Site’ or ‘Website’.) Please note that the Website URL may change at our discretion and without notice.

PROHIBITED USES

• Anti-spam policy
  Evalbox has a zero tolerance policy for spam. As a consequence, during your use of our Services you are prohibited from:
  • spamming activities
  • harvesting or collecting information about anyone without their consent, including email addresses.
  • Transmitting or making available any unsolicited or unauthorized advertising, promotional materials, ‘junk mails’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, or any other form of solicitation.
  We reserve the right to terminate your account(s) and your use of the services at our discretion and without notice, if we believe your activities are not in compliance with this anti-spam policy.
• Other prohibited uses
  You are also prohibited from:
  • Transmitting through the Services or the Site any pornographic, obscene, offensive, threatening, harassing, libelous, hate-oriented, harmful, defamatory, racist, illegal or otherwise objectionable content.
  • Using a false or forged identity, email address or header, or otherwise attempt to mislead others as to your identity or the origin of your messages.
  • Transmitting, publishing or distributing material or content that promotes, provides or relates to instructional information about illegal activities, or promotes physical harm or injury against any individual group.
  • Using the Services or the Site to send any material, including evaluations and requests to take evaluations, to any persons under 18 years old, unless you have taken and followed all necessary action and compliance pursuant applicable law.
  • Uploading or distributing in any way, any file containing viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or any similar software or programs that may damage the operation of anyone else’s computer, the Service or the Site
  • Transmitting any material infringing any copyrights, trademarks, patents, trade secrets, or intellectual property.
  • Interfering or disrupting networks connected to the Service or the Site
  • Attempting to gain unauthorized access to the Website or Services through password mining or any other means.
  Any breach of these terms shall be reported to appropriate authorities and will cause an immediate termination of your account and use of the Site and Services. Otherwise, in your use of the Site and its services, you are required to:
  • provide a valid name and email address during the registration process. Update and keep that information updated as appropriate.
  • Maintain the confidentiality of your passwords. You also agree that you are fully responsible for all activities that occur under your account and password. If you suspect unauthorized use of your account, you agree to change your password immediately and notify us.

  Please note that Evalbox is a single user service and that multiple logins and passwords to the same account are not available or permitted. Your account will immediately be terminated in the case of sharing login information.

  We reserve the right to delete any free account at our discretion that has not been logged into for six months or longer.

  Any violation of the current terms or another serious fault not expressly named in this contract would be sanctioned by an immediate termination without notice of your account and use of the services.

RESPONSIBILITY

Your use of our Services and Site is at your own risk. Therefore, Evalbox could not be held responsible in a case of :

• deletion of your data
• inability of the Site or the Services to meet your requirements
• interruption of the service
• security failure
• virus attack on your data or computer system
• error
• lack of accuracy or reliability
• fraudulent use of your account by a third party or fraudulent access to your information, hosted by our Site or Service.
• Any damage to your computer system or loss of data resulting from the use of our Site or Service.
• Any damages, including without limitation, lost profits, business interruption or other loss resulting from use of or reliance in any way or any evaluation, evaluation responses or evaluation results created through the service or the site. It is solely your responsibility to evaluate the accuracy, reliability, completeness and usefullness of any evaluations, evaluation responses, evaluation results or other information received while using the service or site.

Evalbox does not make any warranty as to any information that may be obtained through the service or site or that defects in the software for the service will be corrected or that the site is free of viruses or other harmful components. Evalbox makes no warranty regarding any goods or services purchased or obtained through the service or site or any transactions entered into through or based upon the service or site.

You agree that Evalbox or any parent entities, subsidiaries, affiliates, employees or officer, could not be held responsible for any direct, indirect, special, incidental, consequential or punitive damages arising out of your access to, use of, inability to use, or reliance on the service or any evaluation, evaluation responses or evaluation results, even if advised of the possibility of such damages. This provision enforces to the fullest extent permissible pursuant to the applicable law.  

Evalbox is not responsible for the content of any evaluation or invitation to take evaluations or invitations to view evaluation results created through the website or service : the company cannot be held responsible for any damages or violations of the law caused by the use of its website or services.

As a consequence, you warranty evalbox and agree to idemnify and hold harmless the company and its affiliates against any claims and expenses, including attorney’s fees; arising from the use or misuse of the company’s website or services.

This expressly includes :

• violations or infringement of copyrights, trademarks and other proprietary rights
• use of any libelous or unlawful material contained within your evaluation or website.

 

These terms of use and the services may be terminated by evalbox at any time. Evalbox shall not be liable to you or any third party in any manner for termination of the service. Upon termination, your rights to use the services and the site cease immediately and evalbox shall have no obligation whatsoever to retain, forward or make available to you any evaluation, evaluation responses or evaluation results.

In the event you should become dissatisfied with the terms of use or any modification thereof, or with the service or the site, your only recourse is to discontinue the use of the service, terminate your subscription, and give notice to us of these actions.

PRIVACY POLICY

We are committed to protecting the privacy and confidential information of Users. You agree to maintain and comply with a privacy policy that is consistent with the Evalbox Privacy Policy. You are responsible for all decisions with respect to the personally identifiable information of persons that respond to your evaluations or to whom you send evaluations. Evalbox collects and analyzes aggregate information of visitors, including the domain name, visited evaluations, referring URLs, and other publicly available information. We use this information to help improve our website and services, and to customize the content of our pages for each individual customer.

Evalbox does not sell or make available specific information about our clients, their clients, or their data, except in cooperation with law enforcement bodies in regards to content violations or violations of applicable laws. We maintain a database of user information which is used only for internal purposes such as technical support, notifying members of changes or enhancements to the service.

However, any information collected by evalbox may be shared if it is necessary to investigate, prevent or prosecute illegal activities, suspected fraud, violation of the terms and conditions, or as otherwise required by law or a valid government request (included but not limited to search warrants, subpoenas or court orders).

According to ‘loi numero 78-17 du 6 janvier 1978 (‘informatique et libertés’)', the user has a right to access and modify to the information concerning him. He can enforce this right by emailing us at contact@evalbox.com.

Evalbox uses secure services for online credit card payment transactions and does not record or store credit card information on its site or servers.

INTELLECTUAL PROPERTY

All materials on the Evalbox Site including, but not limited to, images, text, illustrations, audio, video files and the selection, coordination and arrangement of such materials (collectively “Intellectual Property”), are protected by copyrights, trademarks, service marks, or other proprietary rights which are either owned by Evalbox or owned by other parties who have licensed their intellectual property to Evalbox.

Evalbox, and all other derivations of the ” Evalbox ” mark appearing on this web site are trademarks and/or service marks of Evalbox and all other trademarks, service marks, and trade names used on the site are the property of their respective owners. The material from this Site and from any other web site owned, operated, controlled, or licensed by Evalbox may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. The extraction and use of data from the Evalbox databases are strictly forbidden without the permission of the company.

Use or modification of Evalbox ‘s intellectual property in any form, including but not limited to use on any other web site or networked computer environment, without express written authorization is a violation of Evalbox’s copyrights and other proprietary rights and is strictly prohibited.

 

CHOICE OF LAW AND COURT

This Agreement shall be governed by, construed and enforced in accordance with FRENCH LAW, without regard to its conflicts of law principles. Any action brought to enforce this Agreement or, in connection with, any matters related to this Site, shall be brought only in the jurisdictions of France, and you expressly consent to the jurisdiction and venue of said courts. This Agreement shall not be governed by the UN Convention on Contracts for the International Sale of Goods, the application of which is hereby excluded. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. The parties to this agreement acknowledge that, in a case of unenforceability of a provision of this contract, a new provision would be negotiated between both sides, in accordance with the sense of this contract and the applicable law. You also acknowledge and agree that Evalbox will fully cooperate with any law enforcement authorities or court order requesting or directing Evalbox to disclose information or materials in our possession.