Terms of Service

Terms of Service

This page states the terms and conditions (hereinafter “Terms of Use”) governing Your use of the website http://www.netvibes.com and its netvibes derivatives (or any other address which could be substituted for it) through which the Service is made available to You (hereinafter the “Website”).

Please read these Terms of Use carefully. These Terms of Use may be updated and amended from time to time. Please check the Terms of Use published on the Website regularly to ensure that You are aware of all terms governing it, as You will be bound by the Terms of Use in force at the time You use the Website.

In addition, when You use any current or future paying service on this Website, You will also be subject to the applicable terms and conditions (hereinafter “Additional Terms”).

1. Acceptance of Terms of Use

Welcome to the Website, a service provided by Netvibes SAS (hereinafter “Netvibes”), a French Société par Actions Simplifiée registered under the number 491 808 234, having its registered offices at 10 Place de la Madeleine, 75008 Paris – France (hereinafter “We”, “Our” or “Us”).

By using this Website, by providing Us with information, by using and/or purchasing the service offered by the Website (hereinafter the “Service”), You signify that You agree to be bound by these Terms of Use. The Terms of Use govern the relationship between Netvibes and You and prevail over any other document. If applicable, the Additional Terms will prevail over the Terms of Use in the event of a conflict or discrepancy between the two.

If You do not accept these Terms of Use, You agree not to use and proceed with the navigation of the Website, not to proceed with the Service and immediately cease all access to and usage of the Service.

 

2. Access to the Service

The purpose of these Terms of Use is to define the conditions according to which (i) Netvibes accepts to grant You the right to access and use the Website and the Service and (ii) You are authorized to use such Website and the Service for noncommercial purposes (unless expressly stipulated to the contrary in the Additional Terms).

Access and use of the Website and the Service requires an Internet connection. The necessary configuration for access to and usage of the Website and the Service are under Your exclusive technical and financial responsibility. This configuration and access may involve the payment of fees and subscriptions, for example those related to an Internet network connection and the services provided in this respect by Internet service providers. You must also provide, and are responsible for, the necessary equipment for accessing the Website and the Service.

Netvibes will not be responsible in the event of difficulties related to access in connection with Your configuration.

 

3. Registration–Password–Security

Access to certain features offered by the Service and their usage requires Your prior identification with Netvibes, which involves registration. You have to register by opening a free of charge account. In order to validate the creation of Your account, You will have to provide certain mandatory information, as indicated on the Website, including an email address and password. You agree to (a) provide true, accurate, current and complete information; and (b) maintain and promptly update Your account to keep it true, accurate, current and complete.

In consideration of Your registration to the Website and the Service, You represent that (i) You are at least 18 years of age or if You are between 13 and 18, You use the Website and/or the Service only with the involvement of a parent or a guardian, (ii) You have the legal right to accept these Terms of Use and (iii) You are not barred from receiving products and services under the laws of any applicable jurisdiction. Parents and guardians are jointly and severally liable for all acts (including purchases and payments for services) and omissions of their children aged under 18 years when using the Website and/or any Service.

You are fully responsible for maintaining the confidentiality of Your password and account for all activities that occur under Your password or account.

The use of Your password presumes that You access and use the Service. Assuming You are aware a third party has gained access to Your account, You agree to immediately modify Your password and inform Netvibes without delay by contacting us through the Customer Service contact form at http://www.netvibes.com/static.php?show=feedback.

Netvibes Privacy Policy is available at: https://www.netvibes.com/en/privacy-policy.

 

4. Description of the Service –Basic features and Paid Service

The Service includes basic features (the “Basic Features”) allowing You, in particular, to:

1. select and aggregate content provided by third-parties ("Third-Party Content") through computer programs called widgets (the "Widgets");

2. access a database of Widgets (the "Ecosystem");

3. use tools for creating and publishing Your own content ("Your Content").

Basic Features are available for free. However please note that the Service, as long as it is free, may include limits of use, and that additional options may be charged (the “Paid Service”). In this case, You have to subscribe to the Paid Service and accept the applicable Additional Terms before being able to access it. The User is free to choose whether to subscribe to the Paid Service or not.

Basic Features of the Service will include, for instance:

 • Widgets and Ecosystem

 When logging in the Service, You will access to a personalized page (“Your Private Dashboard”). You may customize Your Private Dashboard by adding or deleting content (either Third-Party Content or Your Content) and by moving and editing Widgets. A “Widget” is defined as a software element providing content, including feeds and data. It is composed of computer code, exclusive property of Netvibes (the “Container”), used to create the structure of the Widget and to encapsulate the Third-Party Content available through the Widgets.

Your Private Dashboard is accessible through a personal terminal (such as: a computer, a smartphone, or even a tablet) by logging in with Your email address and Your password. If Your browser accepts "cookies", Your Private Dashboard shall automatically be displayed when You connect and all the modifications shall be saved in real time.

The Service enables You to find Widgets from the Website home page, the Ecosystem or from the internet and to use them in Your Private Dashboard. The content of such Widgets is provided by professional content providers, Our partners, other users, or You.

The Service also enables You to embed Your Content into a Widget ("Your Widget") and to post it online, including on the Ecosystem. Once in the Ecosystem, Your Widget may be selected and used by all Users and Netvibes commercial partners (for instance, to add Your Widget to their personalized pages or to download it).

In addition to Your Private Dashboard, You can also create a personalized page accessible to the public and associated with a specific URL (“Your Public Page"). Through Your Public Page, you can share the Widgets of Your choice, regardless of whether these Widgets embed Your Content or Third-Party Content.

 • Customization

 The Service enables You to customize the appearance of Your Private Dashboard and Your Public Page by using a visual theme (the "Theme"). Netvibes provides several Themes through the Service; however, You can decide to create Your own Themes ("Your Themes") from Your Content by using the Theme editor tool.

You shall not use Themes from third party websites to create Your Themes. Only Themes provided by Netvibes and/or Themes created by other Users can be posted and shared on the Ecosystem, to the exclusion of any other site or personal page.

 • Netvibes UWA

 Netvibes has opened its Service to publishers and developers to allow them to benefit from Our technology. Netvibes Universal Widget API (the "UWA") is a computer program, published under a free license, enabling You to create Widgets compatible with multiple platforms (the "UWA Widgets"). The use of UWA Widgets shall comply with these Terms of Use.

The majority of UWA Widgets run on multiple platforms. However, Netvibes does not warrant that UWA Widgets will run on platforms other than the Website and may not be held liable for the compatibility (or absence thereof) of UWA Widgets with other platforms.

 

5. The publication of Your Content

You may post and share Your Content by creating Your Public Page, and/or by posting Your Widget and/or Your Theme on the Ecosystem. You understand that any Content You may post on the Website is of Your sole and unique responsibility. This means that only You, and not Netvibes, are responsible for all Content that You may upload, post, license, sublicense, display or otherwise make available via the Service or the Website. You also represent that You own all the rights to, or have secured the necessary authorizations for sharing Your Content. We do not control the

 

Content posted by You via the Website or Service and, as such, may not guarantee the accuracy, integrity or quality of such Content or that it does not violate any laws or rights of others.

You understand that You may not request any payment from Netvibes for posting or sharing Your Widgets, Your Themes and/or Your Content on the Website.

You remain the owner of the intellectual property rights related to Your Content. The publication of Your Content via the Service in no way leads to a transfer of intellectual property rights benefiting Netvibes or a third party, unless otherwise stipulated by these Terms of Use.

By publishing Your Content via the Service and authorizing such publication by Netvibes, You grant:

 (i) Netvibes a worldwide, free, non-exclusive, assignable, transferable, sub-licensable license for the duration of protection of the intellectual property rights, to use, modify, adapt, publish, distribute, reproduce, represent, and display Your Content via the tService on all media and/or via all networks, by all presently known and/or unknown means, in every format, for advertising purposes, for promoting the Website and/or Service, and for marketing and/or public relations purposes. If You disagree with any of the above, You shall not post Your Content (including Your Widgets and/or Your Themes) on the Ecosystem, nor on Your Public Page.

(ii) all Users visiting the Website and/or accessing the Service a worldwide free, non- exclusive, non-transferable and non-sublicensable, license for the duration of the intellectual property rights, to use, reproduce, represent, and display Your Content (limited to: Your Theme and/or Your Widget), on their own Private Dashboardfor personal and noncommercial usages.

 You are and remain solely responsible for the Content published or circulated via the Service, and for its compliance with the applicable laws and regulations.

As such, You provide Netvibes a first-demand guarantee against any recourse or action that could arise upon the exercise of the rights granted to Netvibes and/or the Users by these Terms of Use, and any person who considers they have any of the rights to enforce all or part of the Content and/or its use by Netvibes and/or the other Users.

 

6. Your Conduct when using the Website and the Service

  You acknowledge that You will not:

• Upload, reproduce, post, display, license, sublicense or otherwise make available any content that is offensive, inappropriate, unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable or contrary to all applicable laws and regulations;

• Harm minors in any way;

• Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content uploaded through the Service or the Website;

• Upload, reproduce, post, display, license, sublicense or otherwise make available any content that (i) You do not have a right to make available under any law or under contractual or fiduciary relationships, (ii) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

 

 • Interfere with or disrupt the Website, the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;

• Modify, adapt or hack the Website or modify another website so as to falsely imply that it is associated with the Website;

• Use any elements available on the Website except if specifically authorized on the Website or through a separate license;

• Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Service;

• Stalk or otherwise harass another User of the tWebsite or the Services;

• Create, send or submit unwanted email to any other User of the Website or the Service;

• Collect or store personal data about other Users of the Website or the Services where relevant in connection with the prohibited conduct and activities set forth above; and/or

• Violate in any manner any applicable laws.

Do not insert hyperlinks in Your Content when linking to third party sites or when You have not checked it to ensure such Content complies with the abovementioned guidelines or the Terms of Use.

You acknowledge, consent and agree that We may, without prior notice or compensation, (i) remove any content that violates the Terms of Use and that (ii) access, preserve and disclose Your account information, if any, and content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to:

• Comply with legal obligations;

• Enforce the Terms of Use;

• Respond to claims that any content violates the rights of third parties; or

• Protect the rights, property or personal safety of any person.

In case of any violation of the above, Netvibes also reserves the right to rename Your account and/or, at its sole discretion, the name of Your Public Page.

 

7. Links to Third Party Websites

We have no control over any of the third party Websites to which the Website has links nor do We contribute in any manner to these third party websites or the content posted by the Users. Therefore, We assume no responsibility for the content posted by such Users and the contents of any third party websites to which the Website has links.

These links are provided solely as a convenience to You. If You use these links, You will leave the Website. We exclude all liability arising therefrom and do not endorse or make any representations about such third party websites or any information, software or other products or materials found there, or any results that may be obtained by using them. If You decide to access any third party website linked to the Website, You do so entirely at Your own risk.

 

8. Linking to the Website

You may link to the Website if You do not replicate the home page of the Website and subject to the following conditions:

• You requested and obtained Our written prior approval,

• You do not remove, distort or otherwise alter the size or appearance of Our logos;

• You do not create a frame or any other browser or border environment around the Website;

• You do not in any way imply We are endorsing any products or Services other than Our own products and Services;

• You do not misrepresent Your relationship with Us nor present any other false information about Us;

• You do not otherwise use any of Our trademarks displayed on the Website without Our prior express written permission;

• Your website does not contain content that is distasteful, offensive or controversial towards Us or any third party, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.

We expressly reserve the right to revoke the right granted in this clause for breach of these Terms of Use and to take any action We deem appropriate. You shall fully indemnify Us for any loss or damage suffered by Us or any of Our group companies for breach of this clause.

 

9. Limited license to access and use the Website – Proprietary rights

You acknowledge and agree that the Website, the Service, any software, data and any content provided by Us, used in connection with the Website contain proprietary and confidential information that are protected by applicable intellectual property and other laws.

All materials and contents of the Website, including without limitation, data, the website design text, software in object and source code (including applets), scripts, downloads, graphics, photos, interactive features and the like and their selection and arrangement, the the Service and the trademarks, trade names, trade dress, service marks and logos contained therein are owned by or licensed to Us, and are subject to copyright and other intellectual property rights under all applicable laws.

All rights not expressly granted to You in these Terms of Use are reserved.

None of the above mentioned materials may be modified, reproduced, duplicated, copied, sold, resold, transmitted, published, licensed, transferred, visited or otherwise exploited for any commercial purpose, stored in any other website, included in any public or private electronic retrieval system or service, redistributed or framed (or similar) without Our prior written permission.

You may not make any derivative use of the Website or its contents.

You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) belonging to Us without Our prior express written consent.

You may not use any meta tags or any other “hidden text” utilizing Our name or trademarks without Our prior express written consent.

The right to access and use granted is limited, non-exclusive, non-transferable, and non- sublicensable, and only allows You to display the Website and/or the Service in the framework of this access and use, for the duration of such use (or for the duration of your subscription to the Paid Service, if applicable).

You are thus informed that the right to use the Service will automatically cease with the dissolution of the Terms of Use and/or closing of the Your account.

 

You agree under these Terms of Use not to remove and/or delete the references relating to copyright and to any other proprietary right appearing on the Service and/or the Website.

 

10.Exclusions and limitations of liability

The Website, the Service and the data contained therein are provided “as is” and on an “as available” basis and without warranty, representation, condition or other term of any kind, either express or implied as to the operation of the Website or the information content, materials or products on the Website.

To the extent permitted by applicable law, We exclude all representations, warranties, conditions and other terms which but for this clause might have effect in relation to the Website, including but not limited to:

 - The implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, use of reasonable care and skill or similar anywhere in the world;

- As to non-infringement of any third party’s intellectual property rights of any content published or made available through the Website;

- As to the server(s) that make(s) the Service available being free of viruses or other disruptive code which may infect, harm or cause damage to Your computer equipment or any other property when You access, browse, download from or otherwise use the Website.

- The non-execution of Netvibes obligations attributable to unforeseeable circumstances or force majeure such as defined by the Civil Code and specified by jurisprudence or the following causes: strikes (whether previously announced or not), war (declared or not), riots, governmental action, acts of terrorism, acts of God (fire, flood, earthquake, etc.), or any electrical, utility or telecommunication outages.

- Any drawbacks, obstacles, or damages inherent to the use of an Internet network, in particular service interruptions, external intrusions, or the presence of computer viruses, situations which will be regarded as force majeure.

 We do not guarantee that the Website will be error free and do not accept liability for any errors or omissions. We shall use reasonable endeavors to correct any errors or omissions as soon as reasonably practicable after being notified of them. You expressly agree that Your use of the Website is at Your sole risk.

Any advice or recommendation given by Us or Our employees or agents to You which is not confirmed off-line in writing by Us, is followed or acted upon entirely at Your own risk, and accordingly We shall not be liable for any such advice or recommendation which is not so confirmed, to the extent permitted by applicable law.

To the extent permitted by applicable law, Netvibes and any of Our group companies and the officers, directors, employees, shareholders or agents of any of them exclude all liability and responsibility for any amount or kind of loss or damage that may result in any manner to You or a third party in connection with the Website and/or the Service or in connection with the use, inability to use, or the results of use of the Website and/or the Service, any third party website linked to the Website, or the material on such website, including, without limitation, any indirect, punitive or consequential loss or damages and any loss of income, profits, goodwill, data, contracts, use of money, loss or damages arising from or connected in any way to business interruption, due to viruses that may infect Your computer equipment, software, data or other property on account

 

 of Your access to, use of, or browsing the Website or Your downloading of any material from the Website or any third party website linked to any of the Website and whether in tort (including without limitation negligence), contract or otherwise.

Nothing in these Terms of Use shall exclude or limit Our liability (i) for death or personal injury caused by Our negligence; (ii) for fraud; or (iii) for any liability which cannot be excluded or limited under applicable law.

You are responsible for Your Content published via the Service and for damages Netvibes or third parties may suffer as a result of Your Content or abusive use of the Service. In the event of a third- party claim against Netvibes, You agree to defend Netvibes at Your own cost, to release Netvibes of all liability, and to reimburse Netvibes any sums Netvibes is required to pay as part of the said claim (including lawyers’ fees and expenses). Netvibes will inform You in the event of any such claims.

 

11. Electronic communications

 When You visit the Website, use or buy Our Service or send e-mails to Us, You are communicating with Us electronically. You consent to receive communications from Us electronically. We will communicate with You by e-mail or by posting notices on the Website.

You agree that, to the extent permitted by applicable law, computerized records, digital files, electronic communications conserved in Netvibes’s computer systems, are considered evidence of the relationship and communication arising between Netvibes and You in the context of the use of the Service. These elements thus constitute evidence and, if they are produced as means of evidence by Netvibes in any proceedings, will be admissible, valid, and opposable between the parties in the same way, in the same conditions, and with the same probative force as any document which may be established, received, or conserved in writing.

 

12. Termination

You may terminate Your use of the Service at any time and without notice by closing Your account. Netvibes may close Your account, suspend Your ability to use certain portions of the Website and or the Service, and/or ban You altogether from the Website if You violate any of the provision of these Terms of Use. You understand and accept that We may not be held liable for the cancellation of Your account.

In the event of non-compliance regarding any of Your obligations as defined by these Terms of Use, Netvibes will send You a notification by e-mail summoning You to resolve this breach. If no action is taken within eight (8) days of the notification, or if You commit another breach during this period of time, Netvibes reserves the right to immediately and legitimately terminate Your use of the Website and the Service by way of an e-mail notification to You, without prejudice to any other rights or recourse. You are informed that in the event of dissolution of these Terms of Use by Netvibes, Your account will be closed.

Because of the closure of Your account, unless otherwise stipulated in the Additional Terms, You will no longer be able to access the Service as well as Your Content stored and/or published via the Service, nor the data entered in Your account via the Service. It is thus Your responsibility to take the necessary measures to back up Your Content locally before termination, when this option is available.

 

All assignments of rights to Netvibes, warranty limitations, and liability limitations provided by these Terms of Use will remain in effect after the termination of Your use of the Service.

 

13. Modification of the Website and the Service

We reserve the right at any time to modify or discontinue, temporarily or permanently, the the Website and the Service (or any part thereof) with or without notice. You agree that We shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Website or the Service.

 

14. Applicable Law – Jurisdiction

 The Terms of Use shall in all respects be governed and construed in accordance with the laws of France and any dispute arising out of or in connection with the use of the Website or the Service shall be brought before the exclusive jurisdiction of the competent Courts of Paris. You acknowledge and agree that the sentence immediately above shall not prevent, restrict or otherwise limit in any manner, Netvibes's rights to seek equitable remedies, including injunctive relief before any competent court in any jurisdiction.

If You are a consumer who do not act for professional or commercial purposes, then You may be able to refer a dispute to the European Online Dispute Resolution ("ODR") platform at http://ec.europa.eu/odr. The ODR platform is a web-based platform which is designed to help consumers who have bought goods or services online. It provides access to independent alternative dispute resolution which are usually free for You to use.

Nothing in this paragraph shall deprive You of the right to bring or defend proceedings in Your home state if You are a consumer who do not act for professional or commercial purposes.

 

15. Miscellaneous

You may benefit from additional rights according to mandatory laws of the country in which You have Your habitual residence. We do not intend to limit these rights beyond what is applicable according these mandatory provisions. You are responsible for checking that the use of the Website and the Service comply with Your local laws.

If a stipulation of these Terms of Use should be considered invalid or declared as such under an applicable law or regulation or following a definitive ruling by a competent jurisdiction, the other stipulations will retain their full force and effect.

None of the parties may grant, transfer, or cede in any other way all or part of these Terms of Use, whether for reward or free of charge, without prior written permission from the other party. As an exception to the aforementioned, Netvibes may freely grant, transfer, or cede in any other way all or part of these Terms of Use within the framework of a reorganization (this includes any merger, takeover, universal transmission of common property, sale, transfer or partial or total transfer of assets, and change in direct or indirect control).

Date Last Modified These Terms of Use were last modified on March 2018