Terms of use

This document (“Terms of Use”) constitutes an agreement entered into by and between you (“User”) and Antelink (as identified in the Section “The Company”), relative to the terms of use of its website available at http://www.antelink.com or at http://www.antepedia.com or at http://www.sourcesquare.org (“Website”) and of the products (“Product”) and services (“Services”) which are available on the Website.

By using the Website, the User acknowledges that these Terms of Use are enforceable and undertakes to comply with them.

THE COMPANY

Antelink is a French simplified joint stock company (société par actions simplifiée SAS), with his head office at 18 Rue Yves Toudic, in Paris (France - 75010).

Antelink was created in 2009 by two open source and agile methods advocates. Antelink offers tools that enrich the production infrastructures of software development teams around the world.  

Antelink’s Website enables Users to use and download (subject to specific terms and conditions further described herein) certain Products developed and published by Antelink and to access different services such as the Blog of the Company and Antelink Community, as further described hereafter (“Services”).

PRODUCTS

Antelink developed Products.

The User can download these Products subject to the terms and conditions of the License (the "License") from the Website. Before starting any download of Product, each User shall comply with the on-line registration process and agree to and comply with the License.

SERVICES

Antelink Blog

Antelink has created a blog which is available at http://www.antelink.com/blog (“Blog”). Publications and press releases of Antelink are made available through this Blog. Each User can comment and discuss on the said publications by posting remarks or commentary on the dedicated web space, subject that the User does not violate these Terms of Use (in particular Section “Restrictions”) and any legal provisions or applicable regulations.

The User remains the sole responsible for the views he expresses on the Blog and Antelink cannot be held liable.

When the User posts any comment or remark on the Blog, such comment or remark must refer to the concerned publication and express related ideas and thoughts. The User undertakes to comply with courtesy rules in that respect together with the rules described in Section “Restrictions” hereof.

When a comment, a remark or any information has been posted on the Blog, the User agrees to grant to Antelink a free license to publish such content on the Website, without restriction. Such license includes the right to reproduce and represent in any means and format on any media, to translate, adapt and duplicate the post in any means and format on any media in particular the Website. The User also agrees that the post can be used and quoted by Antelink in connection or not with the Blog

This license is valid in every language, for the entire world and for the whole legal duration of protection of the intellectual property according to the applicable legal regulations.

Antelink Community

The User can also access to the Antelink Community space available at http//www.antelink.com/community.html

Antelink Community provides a list of free services available on the different Website. For instance, the service available at http://www.antepedia.com allows users of the service to upload software components or libraries, and get in return information about the project of origin version number, and license associated.

Most of these free services are prototype (beta version), and may be shutdown or modified without notifications.

RESTRICTIONS

The User is responsible for the content that it posts, submits, creates, transmits or displays on or through the Website (“Content”) and is liable for any consequences thereof.

Communications in the Blog, in the Antelink Community or other public or common areas of the Website are not private communications. The User should use caution when submitting any Content that contains its personal information to a public or common area of the Website.

The User agrees not to use the Website or the Services to:

(a)    upload, post, email, or otherwise transmit any Content that (i) contains personally identifying information (such as actual names, phone numbers, mailing addresses, email addresses, and URL), (ii) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, violent, sexual, pornographic, racist, anti-semitic, xenophobe, or otherwise objectionable; that (iii)  constitutes an infringement of any intellectual property or other proprietary rights of any third parties;
(b)    upload, post, email, or otherwise transmit any Content that (i) is inaccurate or false, (ii) leads to impersonate any person or entity, or otherwise misrepresent User’s affiliation with a person or entity;
(c)    upload, post, email, or otherwise transmit Content (including inside information, proprietary and confidential information) that User does not have a right to transmit under any law or under contractual relationships (such as employment and/or non disclosure agreements);
(d)    upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other forms of solicitation;
(e)    upload, post, email, or otherwise transmit any material that 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;
(f)    upload, post, email, or otherwise transmit any Content that violate any provision of these Terms of Use or any local, state, or federal law or regulation.

Antelink remains entitled to delete and withdraw any post that could be considered as illegal and/or not compliant with the Terms of Use.

INTELLECTUAL PROPERTY

Proprietary rights

The User can access to certain information, data, widgets, text, graphics and images on the Website or through the Services, including, without limitation, content, trademarks, logos, graphics and images (together, the “Materials”). The Materials are the property of Antelink, third party (such as other Users) or of third party licensors. All of these elements are subject to the provisions of applicable Intellectual Property regulations, laws and treaties and, therefore, are protected against any unauthorized use by the law or these Terms of Use.

Visiting the Website does not involve any license or assignment of the rights relating to the content or component of the Website, unless otherwise provided in the Terms of Use. Users must use the Website, Services and any of their content in order not to violate any intellectual property rights.

DISCLAIMER OF WARRANTY

By operating the Website, Antelink does not represent or implies that (1) Antelink endorses any content or any other materials or items available on or via the Website, including without limitation content hosted on third-party websites; or (2) that Antelink believes any content to be accurate, useful or non-harmful.

Antelink cannot and does not guarantee any specific results from use of the Website.
 
All products, services, information, content or any other materials or items provided on or via the Website are provided "as is" and "as available", without warranty or conditions of any kind, including but not limited to, express or implied warranties, including the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

Antelink does not warrant, endorse, guarantee or assume responsibility for any products, services or information advertised or offered by a third party through the Website or any linked website or featured in any banner or other advertising.

The use of the Website and the Services will be at the sole risk of Users.

To the fullest extent permitted by law, Antelink disclaims all warranties, express or implied in connection with the Website and the Services, their use thereof, the accuracy or completeness of their content. Antelink reserves the right to change its warranty policy set forth herein, at any time by updating these terms.

LIMITED LIABILITY

To the extent permitted by applicable law, Antelink will not be liable for any special, incidental, indirect, consequential, exemplary or punitive damages of any kind, or any other damages whatsoever (including without limitation, damages resulting from (i) reliance on the Website materials and content and the Services, (ii) loss or alteration of use, data, profits, goodwill and/or other intangible losses, or (iii) delays or business interruptions arising out of or in connection with the use or performance of Website and Services), arising from the use of the Website or the Services.

ENCRYPTION - SECURITY

The User acknowledges that he has the skill and means necessary to access the Website and use it.

Furthermore, before making any use of the Website, the User acknowledges that he has made sure that the browser he is using allows a secured access to the Website by offering “Secure Socket Layer (SSL)” encoding with a key of a length equal to 128 bits, required for access to the secured part of the Website.

Antelink shall do its utmost to ensure that access and operation of the Website are provided 24 hours a day, seven days a week, without interruption. Nevertheless, it cannot be held liable in the event of temporary unavailability of the Website in the following cases: (i) due to force majeure events, (ii) maintenance of the Website or the servers it is hosted in and (iii) occurrence of events beyond its will and control.

In the aforementioned cases, Antelink will inform the User ahead of time if the event causing the unavailability of the Website is foreseeable and, as soon as possible after the occurrence of this event, if it is unforeseeable.

The User states that he is aware of the particular risks linked to Internet operation and in particular the fact that the information traveling or stored therein may be intercepted and/or altered against the will of Antelink and the User.

Antelink may not be held liable for any accidental or deliberate damage or problems suffered by the Users and caused by third parties.

REGISTRATION AND PERSONAL INFORMATION

Registration process

In order to enable the User to access the Services or to some specific activities available on the Website, Antelink may ask the User to provide some personal information (e.g e-mail address, surname, first name, date and place of birth, profession and title, telephone and fax numbers, postal address, etc) (“Personal Information”). This could be in relation to a software evaluation registration, subscription registration for the Services, purchase transactions, content submissions, community posting, contest or bug registration or submission, feature request.

The User undertakes to provide true and accurate information regarding its personal data and any other information necessary to access the Website and the hosted Services. The User undertakes to keep such data updated.

The User will receive a password and account designation upon completing the registration process.
The User is responsible for maintaining the confidentiality of its password and for all activities that occur through your account. The User must immediately notify Antelink of any unauthorized use of its account or any other breach of security. Antelink will not be liable for any loss or damage arising from the failure to provide accurate information or to keep your password secure.

Protection of personal information

Antelink is responsible for the processing of the User’s Personal Information.

Personal Information is collected for the purposes of identification, customer relationship management and monitoring the invoicing process for any Product acquired by the Users on the Website. Its mandatory nature and the length of time it is stored are determined according to the French data protection regulations.

Personal Information collected and processed by Antelink by means of the Website are not assigned or rented, either free of charge or for consideration, to third parties except if required by applicable law.

Each User justifying his identity is entitled to request from Antelink: (i) confirmation whether the Personal Information concerning him is or is not processed by Antelink or on its behalf; (ii) information relative to processing purposes, to categories of processed Personal Information and to recipients of this information; (iii) information relative to planned transfers of Personal Information concerning him to a state that is not a member of the European Community; and (iv) communication, in an accessible form, of Personal Information that concerns him as well as any other information available with regard to the origin thereof.

Each User who justifies its identity may demand rectification, completion, updating or deletion, as applicable, of Personal Information concerning him that is inaccurate, incomplete, ambiguous, outdated or the use or preservation of which is prohibited.

The rights of each User referred to above are exercised by writing to the following e-mail: contact@antelink.com or to the following postal address Antelink SAS, 18 rue Yves Toudic, 75010 Paris 10ème, France.

Cookies

The User is informed that, during his visits to the Website, a cookie may be installed automatically on his browser software. The cookie is a block of data that does not allow identifying the User; on the other hand, it records information related to the computer’s browsing on the Website (the pages visited, date and time of visit, etc.) that Antelink can read during subsequent visits of the Users.

The parameterization of the navigation software makes it possible to be informed of the presence of a cookie and possibly reject it. Since the cookie indirectly gathers knowledge of information concerning the User by name, the User also has the right to check, withdraw and amend said information under the terms provided for in the subsection, “Protection of personal information” above.

LINKS

Links to third-party websites on the Website are provided solely as a convenience to the User.

When Users click on such links, the User leaves the Website. Antelink does not control and is not responsible for any of these sites, their content or their privacy practices. Antelink does not endorse or make any representations about the third-party websites, or any information, services, or products found on their websites. The use of these websites are subject to the terms and conditions of their respective terms of use, and privacy statements.

APPLICABLE LAW

These Terms of Use and any non contractual obligations arising out of or in connection with these Terms of Use shall be governed and construed according to French law. In the event that any dispute, controversy or claim arises between the parties out of or in connection with the Terms of Use, the parties shall first seek to resolve the dispute by amicable negotiation. If the parties are unable to resolve the dispute, then the dispute shall be submitted to the jurisdiction of the Commercial Court of Paris .

AMENDMENT

These Terms of Use may be amended at any time by Antelink. The new version of the Terms of Use will be published on the Website. The User will be informed of the new version of the document by a special notice on the first page of the Website. Such special notice will remain during [one month] after the first publication of the new version of the Website.

In any case, the new version of the Terms of Use shall be immediately applicable to the User.

LEGAL INFORMATION

The Website is produced by Actency (http://www.actency.fr), a web design company, with is head office at 45, Avenue de Colmar 67100 Strasbourg, France.
The director of the publication of the Website is Guillame Rousseau, which may be contacted at the following address: Antelink, 18 Rue Yves Toudic, 75010 Paris 10ème, France

The service provider providing direct and permanent storage is OVH, with its head office at 2 rue Kellermann BP 80157 59053 Roubaix cedex 1 - France and its telephone number is +33 (0)899 701 761.

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