General Conditions of Use ("GCU")

1. Acceptance of the GCU

The use of YouScribe is governed by these general conditions of use ("GCU"). Any modification to the GCU will be brought to the attention of users on the home page of the YouScribe site, and, dependent on the circumstances, whenever new features are offered.

READ THESE TERMS AND CONDITIONS CAREFULLY: THEY INVOLVE RIGHTS AND OBLIGATIONS CONCERNING YOU.

Clicking on the "I accept" button below implies your express and unreserved acceptance of the GCU. If you do not wish or are not entitled to accept these Terms, we invite you to desist from using YouScribe. If you have any questions, please do not hesitate to contact us at contact@youscribe.com

2. PRESENTATION OF YOUSCRIBE

YouScribe provides you with access to digital books and documents. Partial or full consultation of works is offered free of charge for a part of the YouScribe catalogue. The other part of the catalogue is subject to paid access through subscription or direct sales (“Fee for Service Sale”).
In addition, YouScribe offers a hosting service for your writings in digital format, which you put online yourself and allow other users, as appropriate, to view and/or download and/or print and/or comment on.
YouScribe thus offers you the convenience of a space and tools enabling you to promote and distribute your writings to other users under the conditions defined below.

In accordance with its hosting role, YouScribe's activity is purely technical, automatic and passive. Consequently, YouScribe does not take cognisance of, nor undertake to control or monitor the information transmitted or stored by the user.

 

Fee for Service Sales:

The YouScribe service is free for its users, except for content transactions. These transactions are governed, dependent on the case, either by the Special Conditions applicable to content for paying users or by the Special Conditions applicable to content for paying partners. These Special Conditions are subject to separate acceptance, as soon as you wish to distribute your content for a fee or respond to such offers. In addition, YouScribe offers subscriptions under the conditions defined below.

 

Subscription options:

YouScribe, in accordance with the publishers or users who have published content, grants you a limited, non-exclusive, non-transferable, revocable and personal license to access and use all YouScribe content excluding content available for purchase. Subscription to YouScribe is open only to users registered under the conditions of Article 3 above.

Several subscription options are available:

1.    YouScribe Pass

2.    YouScribe Subscription

3.    YouScribe Subscription via a Mobile Carrier

 

2.1 Description of the YouScribe Pass

Purchase of the YouScribe Pass (24 hours or 12 months) provides access to the entire available catalogue for the defined duration of the offer. The member only pays once, and the offer is not tacitly renewed when it comes to an end.

2.2. Description of the YouScribe Subscription

The YouScribe Subscription provides access to the entire available catalogue for the defined duration of the offer. Duration is for one month from the date of subscription by the user, and the subscription is tacitly renewable, in monthly periods, except for termination under the conditions described below.

2.3. Description of the YouScribe Subscription via a Mobile Carrier

Subscription to the YouScribe service may also be possible via your Mobile Carrier. We recommend you contacting your Mobile Carrier for further information.

2.4. Duration of the YouScribe Subscription

Membership duration is for one month from the date of enrolment by the user; the subscription is tacitly renewable, in monthly periods, except for cancellation under the conditions described below.
In the case of a free trial period ("Trial Period"), subscription takes effect the day following the Trial Period’s expiration date for the duration of a tacitly renewable period, unless terminated under the conditions described below.

In the event of a promotional offer offered by the operator or by a third party providing access to a free or reduced-price subscription ("Offer"), subscription takes effect the day after the expiration date of the ‘'Offer" and is also for the duration of a tacitly renewable month, except cancellation under the conditions described below.

The “Trial Period” and the “Offer” comprise advertising offers or confer limited access to the available catalogue or may have usage limitations.

Note for customers residing in mainland France: following the recommendations of the French Book Mediator in July 2015 concerning digital book reading services by subscription, the subscription is now based on a unit consultation purchase system, shared between subscribers residing in mainland France.

According to this model:

- Publishers based in France fix a public rental price per consultation unit (ex: per book, per page) for their titles available in the subscription. Each eBook unit is divided into 200 sections (pages).

- Subscribers paying the subscription price are granted consultation credits. These reading credits are shared among all subscribers residing in France.

- This rental price, set by publishers established in France for each of the titles available in the subscription, is presented in the product sheet of each book.

- Subscribers resident in mainland France are informed that the number of pages that can they can read is very large, but subject to availability of credits in the common account for all subscribers.

If the cumulative amount of reading credits actually consumed in the month exceeds the total sum of subscriptions paid by subscribers established in France during the same period, the subscription price may be revised, under the condition provided as follows: if the subscription program needs to be modified as a result, the user will be informed. The user will have the right not to accept these modifications and terminate the subscription offer accordingly.

 

2.5. Subscription Cancellation

The user may cancel his/her subscription at any time (i) before the end of the Trial Period, or (ii) before the Offers’s expiration date, then (iii) before the end of each monthly period, by clicking on the link in his/her User Account , where it is specified that the monthly subscription period in effect on the day of cancellation will be continued until it comes to an end.

2.6. Cancellation Delay

Since access to all of the functionalities offered within the framework of the subscription is provided on acceptance of the user’s subscription, the user accepts this immediate access and renounces his/her right to withdraw at the time of the subscription, in accordance with the provisions of Article L.121-21-8, paragraph 13 °, of the Consumer Code.

2.7. Price - Payment

The subscription price is indicated on the site or mobile applications. If the price is changed, subscribers will be informed. The new price will apply to the next renewal of the user's subscription, unless terminated under the conditions defined in 2.5 above.
The subscription price will be debited automatically at the start of each monthly subscription period.
In the event of suspension or inactivation of the user's account under the conditions defined in Article 3 above, no refund will be made to the user.

 

3. YOUR REGISTRATION

To enjoy YouScribe’s features, it is necessary to create an account using the online form provided for this purpose. On completion of this procedure, you will receive an email confirming your registration. Depending on the features which you wish to access, additional data may be requested using specific forms. If registration in YouScribe for the proposed functions is carried out on behalf of a company, you must declare that you are duly authorised for this purpose. You can modify, at any time, the data you entered when registering for YouScribe's functionalities, in the knowledge that it is your responsibility to keep it up to date. Access to YouScribe's functionalities is achieved by entering a username and password. The confidentiality of your username and password is solely up to you. Any use of YouScribe’s functionalities accessed by these is deemed to be carried out by yourself. With the above applying regardless of the circumstances, if at any time you have reason to believe these parameters are being misused we invite you to modify them, and to notify us immediately.
The personal data supplied is covered by YouScribe’s Personal Data Charter and immediately accessible by clicking on this link. Prior to any acceptance of these GCU, we invite you to read the Personal Data Charter. Your acceptance of these GCU comprise those of the Personal Data Charter.
Registration with YouScribe is for an indefinite duration. You can deregister from YouScribe at any moment by following the procedure indicated in The FAQ. By deregistering, your personal space and all of the data, including the content it contains, will no longer be visible to other users from your personal space. Please note that the fact that your content is no longer viewable from your personal space does not mean that your content will no longer be viewable from the personal spaces of other users, especially when you have allowed them to download or extract all or part of your content in accordance with the stipulations of the article "Your Content" below.
YouScribe reserves the right to deregister at any time by email, and subject to reasonable notice. In the event of non-compliance with your obligations, access to YouScribe functionalities may be suspended, immediately and without notice, temporarily or definitively by deactivation of your account, without prejudice to other YouScribe rights.

 

4. YOUR PERSONAL ACCOUNT


Creation of your account provides you with a space of your own comprising a public part and a private part. By default, you can only upload your content into the private part of your space. Provided you have sufficient rights (YouScribe reserves the right to offer these rights to publishers of its choice), you can also place your content online in the public part of your space. Only the public part of your space, including the content which has been placed there by you, is accessible to other users.
In all cases, the choice of content that you post online and the way it is identified (title, presentation, keywords) as well as the animation of your personal space, are yours alone. Since you retain responsibility for the content of each item that you put online, you thus maintain editorial responsibility over your personal account.
Unless you have restricted access to your content by placing it within the private part of your personal space, you agree that your content will be automatically referenced, in the pages resulting from queries made by other users, using the data that you have chosen to identify said content.

 

5. YOUR CONTENT


YouScribe enables you to promote and distribute your content by means of the service’s functionalities. You retain, in any event, ownership of the intellectual property rights relating to your content. According to the options you choose when uploading each content item, you can allow other users to view and/or extract and/or download your content, in whole or in part. The choice of options for sharing your content is made by you exclusively, and on a content item basis. Activation of the options which you define for sharing and downloading your content is immediate. You can change your selected sharing options at any time. You can also, at any time, remove content that you have placed on YouScribe.

As soon as you decide to share a content item with other users, you accept that your content can, depending on the option chosen by you, be:
 - viewable via the "e-reader", and that the e-reader can be exported and embedded by other users on another space / site or another page;
- extracted, in whole or in part, from the Reader;
- printable - downloadable onto hard disk or any storage medium.

Depending on the case, you authorise other users to reproduce and/or display your content not only within their own personal spaces but also on other pages or sites as well as on other devices, without limitation of territory or duration.
In this context, you grant other users the corresponding rights on a personal, non-exclusive basis, for the whole world, the maximum duration of protection of said rights, and for personal and private use exclusively.
Once you decide to set up extraction or download functions by other users for one of your content items, you declare that you are fully aware that these functions are final and irreversible.

You authorise, in principle, other users to exercise the aforementioned rights free of charge. Whenever you wish to carry out transactions on your content, we invite you to refer to the Special Conditions Applicable to Paid Content.
You are also aware that, given the intrinsic characteristics of the internet, the transmitted data is not protected from the risks of hijacking and/or hacking, regardless of the sharing options chosen, for which YouScribe cannot be held responsible.

 

6. YOUR RESPONSIBILITY

6.1. Relating to your Content

Without prejudice to other conditions of these GCU, and as a content provider, you are required to comply with the legal and regulatory provisions in force. In this sense, it is your responsibility in particular to ensure that the content you put online does not constitute (i) a violation of the intellectual property rights of third parties, (ii) harm to persons (in particular defamation, insults, injury, etc.), the rights attached to it, and respect for private life, (iii) an attack on public order and morality (in particular, praise for crimes against humanity, incitement to racial hatred, pornography, etc.).
More specifically, and with regard to intellectual property rights, you refrain from putting online any writing that you have not written personally or whose rights you have not acquired from the author(s) concerned.
Otherwise, the content will be removed and/or your account inactivated without prior notice. Moreover, you will incur, on a personal basis, the criminal sanctions specific to contentious content (prison terms and/or fine), in addition to possible fines and payment for damages.
Given the community nature of YouScribe, it is your responsibility to behave ethically regarding the content that you put online. In the event of non-compliance with the terms of these GCU, YouScribe reserves the right to use any legal remedy to protect its rights and obtain reparation for any damages suffered.

6.2. Content of other users or our partners

With regard to the content of other users or our partners, you agree to strictly comply with the limits set by them regarding the exercise of the rights granted to you.

6.2.1 Usage Rights

Rights are granted to you personally, but not exclusively, for your private use. These usage rights are non-transferable and non-transmissible. The collective use of any paper output is prohibited without the authorisation of other users or our partners as the case may be.

The articles extracted from the contents and the contents themselves may not be subject to any uses other than those expressly authorised. As such, the contents may not be the redistributed in the form of press panoramas, freelancers, clippings, documentary research intended for professionals, or any information services for decision support or media monitoring.
Any use other than that explicitly authorised is subject to the expressed, written and prior authorisation of YouScribe, other users, or our partners as the case may be. Any provision to third parties by any means whatsoever, and any distribution or redistribution to third parties in any form whatsoever, is strictly prohibited. In particular, any free or paid retransmission as well as any resale of the content in any form whatsoever is prohibited.

6.2.2 Intellectual Property

Content formats, parts extracted from the contents, selections of parts of the contents, and the contents themselves, are subject to French and international protection governing copyright.
Use of content without authorisation or in violation of the terms of currently granted usage rights exposes the offender to civil and criminal proceedings. This contract only confers a single usage right as defined, subject to the moral rights of the author. It does not entail any transfer of rights.
You are prohibited for this purpose from deleting and or modifying in any way, and on any medium whatsoever, the displayed tagging data, including publisher rights reserved notices, on each document derived from the content.
Any analysis and short citations of content are subject to the condition that they are justified by the critical, polemical, educational, scientific or informative nature of the work from which they are drawn, and provided that the name of the author and source are clearly indicated.
We remind you that your use of content must not, in any case, infringe upon the normal exploitation of the source works of other users or our partners, or authors of them, nor prejudice the legitimate interests of the authors concerned. It is your responsibility to take all necessary measures to protect your programs and data against contamination by possible computer viruses resulting from the use of YouScribe and in particular the content that you decided to transfer.

 

7. OUR RESPONSIBILITY

YouScribe, as a hosting service, is under no general obligation to monitor the information it transmits or stores, nor to investigate facts or circumstances revealing illegal activities.

Also, in accordance with regulations and as a hosting service, YouScribe provides users (registered or not) with a tool for reporting on content relating to:

- apology for crimes against humanity

- incitement to racial hatred

- child pornography

- incitement to violence

- Infringement of human dignity

In accordance with the regulations in force, the moment that YouScribe becomes aware of manifestly illegal content, such content will be removed. To this end, we encourage any person to bring to YouScribe’s attention the presence on the site of content that does not meet the obligations set out in these CGU and in particular content that is protected by intellectual property rights other than those of the publisher.

In addition, for the benefit of all users (enrolled or not), YouScribe has implemented a procedure for reporting content which does not meet the obligations specified in the current GCU, particularly infringing the rights of third parties.

The reporting form is available by clicking on the "Report abuse" link located under the e-reader’s menu bar.

You can also send a letter to YouScribe, Service de signalement, 13, rue du Mail -75002 Paris, identifying yourself, the URL of the questionable content, its description, the identity of its author, and the date on which you found this content.

Said notification must, for processing purposes, include all the following information: 
- Date of notification. 
- Identity of the applicant (for a person: surname, first name, profession, domicile, nationality, date and place of birth. For legal entities: corporate name, form, address of head office and identity of the legal representative). 
- Description of the disputed facts and the precise location of the content concerned (ex: URL link).
- Reasons for which the content should be removed, including a reference to the applicable legal provisions.
- A copy of the correspondence addressed to the author or the publisher of the information or activities in dispute, requesting their interruption, withdrawal or modification, or the reason why author or the publisher could not be contacted.
Any use of this notification procedure to obtain the withdrawal of a document or to stop its distribution, when the applicant knows this information to be inaccurate, makes the applicant liable for one year of imprisonment and a fine of 15,000 euros. In addition, YouScribe undertakes to preserve the data communicated. This data is handled as a professional secret and is processed in accordance with the stipulations of the Personal Data Charter.

YouScribe is not responsible for any damages you might incur from using the service, possibly resulting from:
(a) making your content available to other users;
(b) non-compliance with the terms hereof and fraud committed by other users;
(c) non-compliance by other users with the rights you have granted them and any limits on exercising them;
(d) the transmission of computer viruses.
Even if YouScribe acknowledges that liability might be involved due to its hosting activity, YouScribe reserves the right to prosecute a user who has made improper use of the content, and to obtain compensation for damages suffered.

8. OUR INTELLECTUAL PROPERTY

The site is our exclusive property. YouScribe grants you, on a personal, non-exclusive and free basis, the right to use the site. YouScribe reserves all other rights. In accordance with Internet use and practices, advertising can be inserted within the site.

9. SITE AVAILABILITY

YouScribe is in principle accessible 24 / 7, except for interruptions, scheduled or not, for maintenance or force majeure. YouScribe cannot be held responsible for any damage, whatever its nature, resulting from unavailability of the site.

10. PROOF, CONSERVATION AND ARCHIVAL

The digital records kept in our systems will be considered as proof of email communications, dispatch of registration forms, and downloads and postings of comments. Registration forms are archived in a medium which is both reliable and durable. You expressly agree that in the event of any discrepancy between our computerised records and documents in your possession, whether in paper or electronic format, our computerised records will prevail.

11. APPLICABLE LAW

These GCU are subject to French law. Any dispute with a user acting professionally with regard to the interpretation or execution of these GCU will be subject to the exclusive jurisdiction of the Commercial Court of Paris.