The Terms apply to any natural person over the age of 18 accessing the Website (“User”). The Website and related Services are provided by ActiveViam SAS, a French corporation with registered offices located at 46 rue de l’Arbre Sec, Paris (75001), France, registered under the number 824 978 852 (“ATOTI” or “We”).
Words starting with a capital letter have, either the definition assigned to them in the text herein, or the following definition, used under the plural or singular form:
- ATOTI Software: means a tool composed of a set of libraries, extensions such as JupyterLab extension, and its documentation that allows the development of rapid decision-making applications based on a large volume of datasets, developed by ATOTI.
- Member: means an individual who has joined the Chat itself to be able to participate in the Chat.
- Community: means all Users and Members.
- Content(s): means all messages and contributions, both public (Post, writing articles or posts…) and private (Private Messaging), posted by Members on the Chat.
- Notebooks: means the templates available on the Website that can be downloaded by Users and used to test the ATOTI Software.
2. SERVICE’S DESCRIPTION
ATOTI provides access and use of its Website, including all information and possibilities contained therein such as downloading the ATOTI Software and Notebooks as well as a repository to report issues. The Chat is a peer-to-peer support channel hosted by a third party (e.g. Gitter), and the best place to gain insights, collaborate and innovate for people using ATOTI’s products. Although this community is designed for anyone interested in Python coding, We welcome anyone with an interest in data blending and advanced analytics.
3. ACCES, EVOLUTION AND DELIVERY OF THE SERVICE
Users can access all Services available on the Website except the Chat for which Users must become Members. Joining and connecting to the Chat can only be done through an external website that provides a single sign on process with Github (“Github SSO”).
The Website is usually accessible, 24 hours a day, 7 days a week, including Sundays and bank holidays, with the exception of periods of maintenance of the hosting infrastructure of the Website itself or a case of force majeure. In addition, User is aware of the technical hazards inherent to the Internet and the interruptions in access that may result.
ATOTI may at its discretion and at any time without prior notice and without liability (i) develop, add, supplement, remove any Service available and/or (ii) modify, interrupt or discontinue the Chat and/or Website at any time.
Each time the Member wishes to use the Chat Member must identify himself or herself using the Github SSO
User is informed that the Chat is also governed by the Gitter terms of services and that the mobile app may not include all the functions offered by the version of the Chat available on the Website. Member can nevertheless access the Web version of the Chat from his or her mobile phone via the dedicated link.
Users acknowledge that they have the skills and means necessary to access and use the Website.
Exchanges on the Chat must be made in a spirit of conviviality and understanding. Members are responsible for all statements made and acts that occur through the use of Member’s account
In order to facilitate reading, the Member agrees to ensure that its “posts” and more generally any Content are correctly written. Similarly, to preserve the Chat from any controversy or dispute, the Member must show respect for the basic rules of morality and good conduct in the Content he/she posts. Also, Member undertakes not to abuse capital letters (i.e. writing in capital letters means shouting in a discussion Chat and to respect a general obligation of courtesy).
When browsing the Website and using the Chat, the User complies with the legal and regulatory provisions in force and as such the User undertakes not to download, post, transmit, distribute or publish in any other way, through the Website, content that:
- is likely to undermine public order and morality or to be qualified as a criminal offence and more generally breach any applicable law or regulation (in particular, apology for crimes against humanity, incitement to racial hatred, child pornography, etc.);
- is likely to infringe or violate the rights of third parties including intellectual property rights (impersonation, counterfeiting, etc.);
- is likely to harm or damage the image and/or reputation of ATOTI or anyone else and/or constitute acts of misleading or parasitic competition.
- is vulgar, obscene, hateful, fraudulent, or that discloses confidential, private or personal matters or data, threatening, defamatory or abusive, either between Members, Users or directed towards an ATOTI employee or manager this includes language, information, or images;
- Off-topic comments not related to data blending, advanced analytics or the ATOTI products such as political or religious statements or commentary, promotion of illegal activity or discusses illegal activities;
- Any material or link to material that Members doesn’t have the right to transmit under law (such as copyright, trade secret, or securities) or under contractual or fiduciary relationships (such as nondisclosure agreements);
- Advertising, promotional materials, or other forms of solicitation including chain letters, pyramid schemes, class action suits, or charitable appeals, this includes hypertext links in signatures;
- Interfere in any way with the operations in the Chat or with a fellow Member’s message box, including but not limited to mail or “post” bombing, news bombing, other flooding techniques, deliberate attempts to overload a system and broadcast attacks, or attempts to avoid messaging blocking;
- Evading bans or suspensions or otherwise disregarding directions from the ATOTI team.
ATOTI moderators may at any time and without prior notice remove any posted message or thread, delete words that violate these Chat’s Terms from posted messages, and/or ban Member for violating the above provisions as provided in sections 10 and 11 below.
5. INTELLECTUAL PROPERTY
- ATOTI’s intellectual property rights:
All the elements of the Website, its architecture and graphics (including in particular texts, graphics, visuals, software, photographs, images, designs, models, logos and trademarks) any downloadable items as well as the Website itself (apart from the Content posted by Members), are protected by intellectual property law and are the exclusive property of ATOTI. Use of the ATOTI Software is governed by the End User Community ATOTI License. Use of Notebooks are governed by Apache 2.0 license terms available at https://www.apache.org/licenses/LICENSE-2.0.html.
Without this list being limitative, any representation, modification, reproduction, denaturation, of all or part of the Website or its contents, by any process and on any medium, not expressly authorized herein or under the applicable license terms, is prohibited and is likely to constitute an infringement, punishable by law.
In addition, ATOTI’s trademark and the trademarks reproduced by ATOTI on this Chat and the Website are registered trademarks.
- Third party intellectual property rights
The trademarks and logos of partners, as well as the trade names of third parties or any other related references remain the property of ATOTI’s partners and external companies.
The Member must notify ATOTI without delay of any legal action, threatened legal action, and more generally of any fact, complaint or dispute or any potential complaint or dispute which he or she may be informed or made aware of and which relates to Content or more generally the Website.
Members represent and warrant that he/she owns all rights, in particular intellectual property rights (copyright, neighboring rights, trademark rights, patent, etc.), on the Content that is posted on the Chat or that Member has the required authorization to post it.
6. LINKS TO OTHER SITES
User acknowledges that the Website may contain links to third-party websites and that, as such, navigation on these sites is subject to compliance with the general terms and conditions of these sites and privacy policies and not with these Terms. Furthermore, ATOTI is not responsible for the content of the websites to which these links lead the User.
The Member is solely responsible for the hypertext links and Internet addresses that are included in the Content and shall indemnify and hold harmless ATOTI against any dispute or claim relating to these links.
7. LIABILITY AND WARRANTY OF ATOTI
The Website and the Services are provided “AS IS”. ATOTI makes reasonable effort to ensure that the information displayed on the Website is accurate and up to date, and may modify or remove such content at any time. ATOTI shall in no event be liable for any loss, prejudice, direct or indirect damage of any nature whatsoever resulting from the management, use, operation, interruption or malfunction of the Chat or more generally of the Website.
In any event, ATOTI is not responsible for delays, difficulties of use or incompatibility between the Website and any file, browser, program or tool used by Users.
ATOTI cannot in any event be held liable for any damage whatsoever resulting from the use of this Website, download and use of any downloadable item, Content exchanged/posted on the Chat, navigation on this Website or resulting from the dissemination by a third party of a malicious code via the Website in any way, such as a virus.
The Member shall indemnify and hold ATOTI harmless from any liability, loss, claim, litigation, damage or expense, including legal and defense costs, claimed by a third party or by another Member as a result of his or her Content or more generally resulting from or related to a breach of the Terms.
ATOTI reminds Users that the Internet is not a secure network. It is up to User to take all appropriate measures to protect its own data, device, equipment and/or software, in particular from contamination by any viruses circulating or intrusion by a third party into the system of its terminal for any purpose whatsoever and to check that the files transmitted do not contain any computer viruses. ATOTI declines all responsibility for the spread of computer viruses, as well as for any consequences that may result from such viruses.
More specifically, ATOTI shall not be held liable for any damage caused to Members, their device, and the data stored therein, as well as for any consequences that may result from this on their personal or professional activity.
ATOTI will also not be held liable in the event that one or more Members cannot connect to the Chat website due to any problem or technical defect related in particular to network congestion.
The provisions relating to personal data processed through the Website and Chat and to cookies are set out in the Privacy and Cookies Policy.
If ATOTI decides to close the Website, Services and Chat, ATOTI will inform Members. In such a case, Members will no longer be able to log in and will lose all data posted / stored on the Chat, Services and Website.
ATOTI can decide to definitively terminate access to the Chat to any person who does not comply with these Terms. Any termination at ATOTI’s initiative will be notified by e-mail sent to the Member’s e-mail address. In the event that ATOTI deletes a Member’s access to the Chat due to a breach of these Terms, the Member is prohibited from attempting to join again.
11. MODERATION, NON COMPLIANCE WITH THE TERMS OR APPLICABLE LAW
ATOTI may suspend or remove from the Chat immediately and without prior notice any Content that does not comply with regulations or these Terms, and to suspend or terminate the account of any Member based on such Content.
ATOTI does not have the technical, material and human resources to carry out strict and systematic verifications of the compliance with these Terms.
Although a moderator is in charge of filtering the Chat to avoid non-compliance with these Terms, the moderator can only act after being notified of such breach. All Chat Members are therefore invited to warn ATOTI of any apparent breach. Exchanges between Members on the Chat are thus subject to a posteriori moderation.
Members may use the “report” function when they consider that a Content is contrary to the Terms or if they consider that it may offend certain people or themselves. The moderation team will then analyze the Content, which may result in a masking / deletion of the Content or banning of the Member if there is a serious breach of the Terms. Reports must be made wisely. Misuse of our moderator also constitutes a violation of these Terms.
12. DISPUTES & CLAIMS
For any complaint, it is possible to send an email to email@example.com indicating the Content or the Services concerned, the reason for the complaint and attaching any supporting documents.
ATOTI may also hand over certain Contents to legal authorities in the event of a potential or suspected violation of the law or a third party’s right.
In addition, ATOTI may take legal action directly against the offending Member in order to obtain compensation for its own damages.
In any event, ATOTI shall not be liable or take any part in any disputes between Users and Members. Members shall therefore hold ATOTI harmless of any claims or disputes that may arise among them.
13. APPLICABLE LAW AND JURISDICTION
The Terms and the use of the Website are subject to compliance with French law.
In the event of a dispute regarding the Terms, their construction and/or any use of the Website, in the absence of an amicable agreement between the parties as evidenced by the signature of a memorandum of understanding within 30 (thirty) days following written notification by one of the parties of the dispute referring to this provision, the said dispute shall be submitted to the exclusive jurisdiction of the Paris courts.