Article 1. Definition
1.The following terms shall have the meanings set forth below:
-“user content”: means content posted on the CorTexT platform by a user;
-“CorTexT platform”: means the functional and organizational structure set up by the Publisher to access information and process it with value added services;
-“value added service”: means the services available on the CorTexT Manager application;
“documentation”: means individualized texts that help the user to use the CorTexT Manager application; these texts are published under a Creative Commons license;
“user” or “you”: means the person who uses the CorTexT Manager application after having registered by filling in all required fields of the registration form and validating his or her registration.
Article 2. Preamble
Article 3. Purpose
Article 4. Enforceability
12.You may at any time stop using the services offered by the application but you will remain responsible for any prior use.
Article 5.Creation and use of personal accounts
14.An individual can only have one account (same first name, same last name, same email address).
15.To use the CorTexT Manager application, you must fill in a registration form. You agree and represent that the information you provide is accurate and complete. You undertake to update all the information posted on the CorTexT Manager application as promptly as possible.
16. In case any of the mandatory information to be provided turns out to be false, incomplete, outdated, farfetched or offensive, the Publisher reserves the right to suspend or terminate the user account and refuse access to all or part of the CorTexT Manager application services without notice.
17.Once all the requirements for registration are met, you will be assigned a personal account, which can be accessed using a username and a password.
Article 6. Access to the application
18.Access to the platform is subject to the creation of a personal account and a password
19.Usernames and passwords are strictly personal and confidential.
21.You agree to notify the Publisher of the loss or theft of your username or password without delay.
22.You agree to notify the Publisher of any fraudulent use of your account, username or password as promptly as possible.
23.Notifications should be made at the following email address:firstname.lastname@example.org.
24.No operation can be made by a user without his or her username and password.
25.Any use of the CorTexT Manager application with the username and password of a user will be deemed to originate exclusively from said user.
Article 7. Use of the CorTexT Manager application
27. Although the Publisher is not obliged to provide direct technical support to the users, it makes available online documentation and a standard questions & answers forum that users of CorTexT Manager application can access by default.
28.You are responsible for the proper use of the CorTexT Manager application and undertake to use it in compliance with applicable laws and regulations, including those relating to intellectual property, privacy, personal data, trade secrets, sensitive data and state secrets.
29.Except where this is an object of research subject to a specified ethical framework, as notified and validated by the Publisher, you must not consult, load, store, publish or otherwise disseminate files and messages whose content is, without limitation, abusive, defamatory or false, racist or inciting to racial hatred, pornographic, paedophile, revisionist or denying the Holocaust, contrary to human dignity, or inciting to terrorist activities.
Article 8. Compliance with ethical rules
30.It is reminded that the use of the CorTexT Manager application is subject to the obligation to comply with the ethical rules applicable in the field of scientific research.
31.You expressly agree that any breach of the ethical rules may result in the temporary or permanent withdrawal of your account.
Article 9. Intellectual property
9.1 CorTexT Manager application
32.The CorTexT Manager application is protected by copyright. The intellectual property rights relating to the application remain the exclusive property of INRA. The application’s title, design, form, contents, software, specific developments, data, text, still or moving images, illustrations, sounds, graphics, etc. and the arrangement thereof are owned by INRA or its third party licensors.
33.The databases on the site are protected by Articles L.341-1 et seq. of the French Code of Intellectual Property which prohibit any extraction or re-utilization of a substantial part, evaluated qualitatively and/or quantitatively, of the contents of those databases.
34.The Publisher represents that it owns the necessary rights to publish online the content resulting from the value added services.
36.You are allowed to use the CorTexT Manager application from any device, including mobile, as part of your research activities strictly for research, teaching, training or study purposes.
9.2 Content posted by users
37.You represent that you own the intellectual property rights in the content published on the application or at least that you have the rights necessary to upload data and execute the value added services for yourself and where applicable for other recognized users of the CorTexT Manager application.
38.Any reproduction and/or performance, in all or in part, of any of the images, texts, photographs, logos etc., without the express authorization of the intellectual property owner is prohibited and will be considered as an infringement punished by Articles L. 335-2 et seq. of the French Intellectual Property Code.
39.You therefore agree that you must not act in a manner that may directly or indirectly infringe the intellectual property rights of third parties.
9.3 Data produced by the value added services
40.You agree that the results produced by the value added services in the form of databases, lists, tables, maps are scientific data and must be used for research, training or study purposes for the production or transfer of scientific knowledge.
41. Although they are the result from changes in the structure of the data, calculations and visualization algorithms, these results are not considered the property of the Publisher, but their use in publications, visual presentations or re-use in other value added services or any software or document of any kind shall be subject to the information notice below:
- « Nous remercions la Plateforme CorTexT (www.cortext.net) pour sa contribution dans la réalisation des présents travaux grâce au service apporté par l’application CorTexT Manager ».
- « We are most grateful to CorTexT platform (www.cortext.net) for its contribution in achieving the here-presented work powered by the use of the CorTexT Manager Application ».
42.Some graphs, maps and charts delivered in the processing result files may contain the phrase “Powered by www.cortext.net” and/or a logo, which form an integral part thereof.
43.Any citation of the documentation must include an explicit reference to its bibliographical references such as stated in the CorTexT Manager application.
44.You undertake to inform the Publisher of any publication, written and/or oral communication resulting from the work carried out with the CorTexT Manager application and to provide it with the complete references thereof as soon as possible.
45.45.Furthermore, if the scope of the project and/or the investment of the application personnel and/or its contribution in the production or analysis of the results warrant it, the name of one of the people who developed the CorTexT Manager application should be cited as an author in the publications resulting from this project.
Article 10. Warning for users
10.1 About the operation of the CorTexT Manager application
46.While the Publisher strives to provide users with an application that is available and effective, it cannot guarantee that it will be available at all times or trouble-free. The Publisher provides the CorTexT Manager application as is.
47.The Publisher guarantees the storage of the data downloaded for the execution of the value added services and of the results of these services in the context of a regular use of the CorTexT Manager application by the user.
48.If the user does not use his or her user account for more than 18 months, the Publisher reserves the right not to guarantee the storage of the data downloaded and the results of the value added services. In such case, the user will be notified by the Publisher.
49.The Publisher reserves the right to totally or partially restrict access to the CorTexT Manager application to perform scheduled or emergency maintenance operations.
50.The Publisher cannot be held liable for any unavailability or malfunction of the CorTexT Manager application resulting from external causes including, but not limited to, network outages, failure of the Internet access or hosting provider, disruptions in the Internet network or in the server hosting centre.
51.The Publisher uses powerful security tools available on the market or in the open software community but cannot absolutely guarantee the absence of unauthorized intrusion of any third party into the CorTexT Manager application or a user account.
52.Consequently the Publisher accepts no liability whatsoever in the event of malicious acts or fraudulent intrusion by a third party into the CorTexT Manager application.
10.2 About the content posted
53. The Publisher is not responsible for any content posted on the CorTexT Manager application.
10.3 About the data produced by value added services
55.The Publisher is not responsible for the use you or a third party make of the data resulting from the processing you implement in the CorTexT Manager application.
Article 11. Representations, Warranties, Indemnification
11.1 No warranties
56.The CorTexT Manager application is provided as is, with no special warranty as to security, robustness, durability or evolution.
11.2 Indemnification by Publisher
57.The Publisher represents and warrants that it owns or holds the necessary rights in the CorTexT Manager application and any content posted by it.
58. As a result, the Publisher will indemnify the user from and against damages, including reasonable defence costs, that may be awarded against the user by a final court decision, but only to the extent that such decision finds an infringement.
59. This indemnity is subject to the following express conditions:
- - the user must promptly notify in writing the infringement claim or the declaration issued prior to such claim;
- - the Publisher must be given the opportunity to defend its own interests and those of the user;
- - to this end, the user must faithfully cooperate in such defence by providing all the requisite elements, information and assistance for a successful defence.
11.3 Indemnification by user
60.You represent and warrant, and undertake to justify on request, that:
- -you own or have sufficient rights in and to the content and information you post on the CorTexT Manager application;
- -the content and information you post on the CorTexT Manager application do not infringe preexisting work;
- -you have complied with author attribution notices;
- -the content and information you post on the CorTexT Manager application do not harm the privacy and/or rights of personal portrayal and/or ownership of third parties;
- -with respect to the publication of sensitive information or content, you have obtained the Publisher’s permission for using of the CorTexT Manager application following a reasoned request submitted with proof of relevant authorizations and rights; this applies in particular to content and information that have been deposited to the CNIL in France or any other similar institution in another country.
61. As a result, you shall indemnify and hold the Publisher harmless from and against any and all actions, claims, proceedings, complaints or oppositions, whatever the form, purpose or nature, from a third party alleging that the use of the content posted on the CorTexT Manager application constitutes, without limitation, a breach of an intellectual property right, or unfair competition and/or free riding and/or a violation of privacy, and you shall indemnify the Provider against all lawsuits, losses and damages arising out of such use.
62. As such, you shall indemnify and hold the Publisher harmless from and against any action brought against it on the abovementioned grounds and undertake to pay any compensation of any kind that would be awarded against the Publisher, including attorneys’ fees.
Article 12. Personal data
63.63.The Publisher undertakes to comply with the formalities incumbent upon it under the regulations governing the protection of personal data, in particular the French Act No. 78-17 of 6 January 1978 on information technology, data files and civil liberties (“Data Protection Act No. 78-17 of 6 January 1978”).
64.In accordance with the Data Protection Act No. 78-17 of 6 January 1978, you are informed that the Publisher, acting as the data controller, processes personal data mainly for the following purposes:
- - the creation, management, monitoring and operation of the user account;
- - the management of the user identification;
- - the access to the CorTexT Manager application;
- - the management and monitoring of the use of the application by the user;
- - the management of requests to exercise rights of access, rectification and objection.
65.These data are intended for the Publisher and, where applicable, for its subcontractors and partners for the above purposes.
66.All fields marked with an asterisk in a data collection form must be filled in. If mandatory data are not provided, the creation of the user account might not be possible.
67.In accordance with the Data Protection Act of 6 January 1978, you have a right to access, inquire about, modify, rectify or delete your data in order to, as the case may be, rectify, complete, update, block or delete personal data relating to you that are inaccurate, incomplete, equivocal, expired, or whose collection, usage, disclosure or retention is prohibited.
68.You also have a right to object on legitimate grounds to the processing of your data and a right to object to their use for purposes of direct marketing, in particular for commercial ends.
69.You can exercise these rights directly online or by sending a request, together with a copy of a signed identity document, either by email to email@example.com, or by mail to:
LISIS - Université Paris-Est Marne-la-Vallée
5, boulevard Descartes
77454 MARNE-LA-VALLÉE Cedex 02
70.You may also receive newsletters or other information about the CorTexT Manager application.
You can stop receiving emails at any time either by clicking on the link provided for this purpose in the footer of each email that will be sent to you, or on request by sending an email to firstname.lastname@example.org.
72. The Publisher will also take all useful precautions to preserve and ensure both the confidentiality and the security of the personal data and, in particular, prevent their alteration, damage, destruction or access by unauthorized third parties.
Article 13. Termination and suspension
Article 14. Miscellaneous provisions
14.1 Entire agreement
14.2 Non waiver
75.The Publisher’s failure to insist on or enforce strict performance of any of the obligations stated herein by a user shall not be construed as a waiver of said obligation for the future.
14.3 Evidence and rules of evidence
76. The computer records stored in the computer systems of the Publisher under reasonable security conditions will be considered as proof of the communication and sending of registration forms and of the various actions and usages of the user on the application.
77.In case of conflict between the computer records of the Publisher and any written document or electronic file of the user, the parties expressly agree that the computer registers of the Publisher will prevail over the user’s documents and shall be the only ones admitted as evidence.
14.4 Independent contractors
78.Neither party may contract for and on behalf of the other.
79.Furthermore, each party remains solely responsible for its acts or assertions.
80. Headings are for convenience only and in the event a difficulty of interpretation arises out of a contradiction between any of the headings and the content of the clauses, headings shall be deemed to be non-existent.
81.If one or several provisions hereof were to be held invalid or so declared by a law, a regulation or a final decision having res judicata effect rendered by a court having proper jurisdiction, the other provisions shall remain in full force and effect.
Article 15. Language
83.In the event of a dispute between the parties, the French version shall prevail and be the only authentic text.
Article 16. Governing law
85.French law shall apply to both form and substance, notwithstanding the place of performance of the essential or ancillary obligations.
Article 17. Jurisdiction
Dernière mise à jour le 31 janvier 2019.