1. Welcome to ToWebOrNotToWeb
Thank you for using www.ToWebOrNotToWeb.com. These Terms and Conditions (“Terms”) are applicable to websites, on-line and off-line Services (“Services” or “Service”), all owned and operated by ToWebOrNotToWeb and from or in connection with which you are accessing this document.
By using the Services or accessing any content or material that is made available by ToWebOrNotToWeb or its users through the Service you understand and agree to accept and adhere to the following terms and conditions as stated herein.
Please read the Agreements carefully as they contain important information about ToWebOrNotToWeb Services provided to you and any fees and charges applicable to the Services. You acknowledge that you have read and understood the Agreements, accept these Agreements, and agree to be bound by them. If you don’t agree with (or cannot comply with) the Agreements, then you may not use ToWebOrNotToWeb’s Services.
To access our Services, you may be required to provide information about you and your company (such as name, contact details, etc.) as part of the registration process or to use the Services. You agree that your registration information, payment details (if you have signed up for any Paid Service) and any other information that you submit to us are true, accurate, and complete, and you agree to keep it that way always. If you have provided incorrect or inaccurate information, you should return to the log-in screen or correct such information in your account settings. You promise that no other person shall be allowed to use or access your account, or in any other way make use of the rights conferred to you pursuant to the agreements.
2. Responsible use and conduct
You understand and agree that in the event of a violation of the Acceptable Use we may immediate terminate or suspend your ToWebOrNotToWeb account.
3. Changes to the Agreements
We reserve the right to change these Terms from time to time without notice. You acknowledge and agree that it is your responsibility to review the Terms periodically to familiarize yourself with any modifications. In the event of material changes to the Terms, we will notify you at least 30 days before these new Terms apply to you, by issuing notice accessible through your use of the Services or by email to your registered email account. Please therefore make sure you read any such notice carefully. Your continued use of the Services after such modifications will constitute acknowledgment and agreement of the modified Terms. If you do not wish to continue using the Service under the new version of the Terms, you may terminate the Agreements by contacting us.
4. ToWebOrNotToWeb Services
ToWebOrNotToWeb Services, available for free or as a paid Service, are in accordance with the following and you agree to abide by the Terms applicable to the Service program that you have selected:
4.1. ToWebOrNotToWeb Free Services https://www.towebornottoweb.com/tools/
ToWebOrNotToWeb provides free tools on www.ToWebOrNotToWeb.com, such as a free audit, guides, blog, etc. If you have signed up for our Free Services, they are provided to you free-of-charge, for as long as you use the Services for non-commercial purposes, in accordance with the limitations of use set out in these Terms. YOU MAY NOT USE TOWEBORNOTTOWEB FREE SERVICES FOR COMMERCIAL PURPOSES. HENCE, IF YOU INTEND TO USE TOWEBORNOTTOWEB FREE SERVICES IN CONJUNCTION WITH OR AS PART OF A PAID SERVICE OR PRODUCT, FOR THE PURPOSE OF MARKETING YOUR OWN OR SOMEONE ELSE’S PRODUCTS OR SERVICES OR OTHERWISE IN CONJUNCTION WITH A COMMERCIAL EVENT, YOU MUST ENTER INTO A SEPARATE AGREEMENT WITH TOWEBORNOTTOWEB.
4.2. ToWebOrNotToWeb Paid Services https://www.towebornottoweb.com/#services
Some ToWebOrNotToWeb’s Services require payment before you can access them, and certain areas of use are only permitted if you have signed up for ToWebOrNotToWeb or entered into a separate agreement with ToWebOrNotToWeb. If you have signed up for ToWebOrNotToWeb’s Paid Services, you may use them for commercial purposes only if and to the extent such commercial use is permitted under the Acceptable Use.
We may, at our own sole discretion, offer trials of Paid Services for a specified period without payment or at a discounted rate (a “Trial”). We reserve the right to revoke the Trial and put your account on hold if we determine that you are not eligible.
For Trials, we require you to provide your payment details to start the Trial. We will charge you on a recurring basis for the selected subscription fee at the end of the Trial using the payment details you have provided us, unless you cancel your subscription prior to the end of the Trial.
If you have provided your payment details in conjunction with the Trial, you accept that we charge you using such payment details. If you do not want this charge, you must cancel your Paid Services through your ToWebOrNotToWeb account’s settings or terminate your ToWebOrNotToWeb account before the end of the Trial. If you do not want to continue to be charged on a recurring monthly or annual basis (depending on your Payment Plan), you must cancel the applicable paid subscription through your ToWebOrNotToWeb account’s subscription page or terminate your ToWebOrNotToWeb account before the end of the recurring monthly period. Paid Subscriptions cannot be terminated before the end of the period for which they have already been paid, and except as expressly provided in these terms, ToWebOrNotToWeb will not refund any fees that you have already paid.
5. Payments and cancellations
If you have signed up for ToWebOrNotToWeb Free Services or if you cancel your Paid Services during the Trial, ToWebOrNotToWeb will never charge you any fees.
Paid Services can be purchased directly from ToWebOrNotToWeb website or through a separate agreement with ToWebOrNotToWeb. The prices are in Euros, without VAT, available on line https://www.towebornottoweb.com/pricing/. The final price will depend on the Services you selected and is payable on line or by bank transfer to the following account:
Name : ToWebOrNotToWeb
Bank : BNP Paribas
RIB : 30004 02299 00010025456 38
IBAN : FR76 3000 4022 9900 0100 2545 638
BIC : BNPAFRPPMAS
In accordance with EC directive n°2008/8 and the French law 2010-1673 of 30th December 2009, the applicable VAT rules are as following:
• If the Client is based in France, the French VAT is applied,
• If the Client is based outside France in the European Union and has an intracommunity VAT number, no VAT is applied; if the Client has no intracommunity VAT number, the French VAT is applied;
• If the Client is based outside the European Union, no VAT is applied.
If you have signed up for a Paid Service with a monthly fee, you will be charged for one month’s subscription fee in advance. The Paid Services and the payment to ToWebOrNotToWeb will automatically renew at the end of each month during the whole duration of the subscription unless you cancel your Paid Services before the end of the current month.
If you cancel your Paid Services, the cancellation will take effect on the day after the last day of the current paid period. ToWebOrNotToWeb will not refund any fees already paid.
As per Article L441-6 of the French Commercial Code, in case of failure by the Client to pay on the due date and with no obligation for ToWebOrNotToWeb to send a reminder or prior notice, ToWebOrNotToWeb will add a penalty to the due amount, calculated by increasing the interest rate the European Central Bank used in its last refinancing operation by 10%. This penalty and a fixed recovery allowance of 40 Euros will be due together with the overdue amount.
Compensation or discount for early payment are not authorized.
ToWebOrNotToWeb may change the price for the Paid Services from time to time and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes for Paid Services will take effect at the start of the next period following the date of the price change. As permitted by local law, you accept the new price by continuing to use the ToWebOrNotToWeb Services after the price change takes effect. If you do not agree with the price changes, you have the right to reject the change by unsubscribing from the Paid Services prior to the price change going into effect.
6. Licensed rights
The ToWebOrNotToWeb’s Services and the Resources are the property of ToWebOrNotToWeb or ToWebOrNotToWeb’s licensors. We grant you a limited, non-exclusive, revocable license to make use of the ToWebOrNotToWeb’s Services (the “License”). This License shall remain in effect until and unless terminated by you or ToWebOrNotToWeb. You promise and agree that you are using the Services and the Resources for non-commercial, educational and/or entertainment purposes and that you will not broadcast the Services or the Resources. For the avoidance of doubt, you may not charge any fees or require any payment as part of your use of the Service or the Resources. If you have signed up for Paid Services, you may also use the Services for certain commercial purposes if and to the extent permitted in accordance with the Applicable Use. Except for the rights expressly granted to you in these Agreements, ToWebOrNotToWeb grants no right, title, or interest to you in the ToWebOrNotToWeb Services or Resources.
The ToWebOrNotToWeb Services and the Resources are licensed, not sold, to you, and ToWebOrNotToWeb and its licensors retain ownership of all ToWebOrNotToWeb Services and Resources even if you have downloaded such Resources to your Personal computers, mobile, tablets or other devices.
All ToWebOrNotToWeb trademarks, Service marks, trade names, logos, domain names, and any other features of the ToWebOrNotToWeb brand (“ToWebOrNotToWeb Brands”) are the sole property of ToWebOrNotToWeb or its licensors. The Agreements do not grant you any rights to use ToWebOrNotToWeb Brands for any purpose, whether for commercial or non-commercial use.
7. Third-Party Applications
The ToWebOrNotToWeb Services are integrated with third-party applications, websites, and Services (“Third-Party Applications”) to make available content and/or Services to you. These Third-Party Applications may have their own terms and conditions of use and privacy policies and your use of these Third-Party Applications will be governed by and subject to such terms and conditions and privacy policies. You understand and agree that ToWebOrNotToWeb does not endorse and is not responsible or liable for the behavior, features, or content of any Third-Party Application or for any transaction you may enter with the provider of any such Third-Party Applications.
8. User-Generated Content
The ToWebOrNotToWeb Services can be based on user content and rely on users contributing content to the Services, including without limitation surveys, pictures, video, text, messages, information, user feedback and any other content (“User Content”). You hereby grant to ToWebOrNotToWeb a perpetual (or, for as long as permitted under applicable law), non-exclusive, sub-licensable, transferable, royalty-free, irrevocable, fully paid, universal license to commercialize, use, reproduce, make available to the public (e.g. perform or display), publish, translate, modify, create derivative works from, and distribute any of your User Content you have made available to the public in connection with the Services through any medium, whether alone or in combination with other content or materials, in any manner and by any means, method or technology, whether now known or hereafter created. Aside from the rights specifically granted herein, you retain ownership of all rights, including intellectual property rights, in the User Content. Where applicable and permitted under applicable law, you also agree to waive any moral rights (or the equivalent under applicable law) such as your right to be identified as the author of any User Content, including Feedback, and your right to object to derogatory treatment of such User Content.
You promise that, with respect to any User Content you post on ToWebOrNotToWeb (1) you have all rights necessary to upload such User Content to the ToWebOrNotToWeb Services and to grant the above license to ToWebOrNotToWeb, and (2) such User Content, or its use by ToWebOrNotToWeb as contemplated by the Agreements, does not violate the Agreements, applicable law, or the intellectual property (including without limitation copyright), publicity, Personality, or other rights of others or imply any affiliation with or endorsement of you or your User Content by ToWebOrNotToWeb or any rights holder without express written consent from such individual or entity.
ToWebOrNotToWeb may review, monitor, edit or remove User Content in its sole discretion, but is under no obligation to do so. In all cases, ToWebOrNotToWeb reserves the right to remove or disable access to any User Content for any or no reason, including but not limited to, User Content that, in ToWebOrNotToWeb’s sole discretion, violates the Agreements. ToWebOrNotToWeb may take these actions without prior notification to Client or any third-party.
Clients are solely responsible for User Content that have published on ToWebOrNotToWeb. ToWebOrNotToWeb does not endorse the correctness of the User Content or any opinion contained in any User Content. Clients will, to the greatest possible extent permissible under applicable law, indemnify and hold ToWebOrNotToWeb and its licensors harmless from and against any third-party claim asserting that the User Content violates any rights or applicable laws, regulations or legal requirements anywhere in the world, including any loss, costs and expenses arising out of such third-party claim.
If you establish a ToWebOrNotToWeb account on behalf of a company, organization, entity, or brand (an “Organization” and “Organization Account”), the terms “you” and “your”, as used throughout the Agreements, apply to both you and the Organization.
If you open an Organization Account, you represent and warrant that you are authorized to grant all permissions and licenses provided in the Agreements and to bind the Organization to the Agreements.
10. Account security
As creator of your ToWebOrNotToWeb account you have access and control over the ToWebOrNotToWeb account and the devices that are used to access the Services. To maintain control over the account and to prevent anyone from accessing the account, you should maintain control over the devices that are used to access the Service and not reveal the password, nor any payment details associated with your account to anyone. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account. You are also responsible for preventing unauthorized access and use of your account by any other than you. We can terminate your account or place your account on hold to protect you, ToWebOrNotToWeb or our partners from conducting or attempting to conduct identity theft or other fraudulent activity.
11. Term and termination
The Agreements will continue to apply to you until terminated by either you or ToWebOrNotToWeb. You may terminate the Agreements at any time. ToWebOrNotToWeb may terminate the Agreements or suspend your access to the ToWebOrNotToWeb Services at any time, including in the event of your actual or suspected unauthorized use of the ToWebOrNotToWeb Services and/or Resources, or non-compliance with the Agreements. If you or ToWebOrNotToWeb terminate the Agreements, or if ToWebOrNotToWeb suspends your access to the ToWebOrNotToWeb Services, you agree that ToWebOrNotToWeb shall have no liability or responsibility to you and ToWebOrNotToWeb will not refund any amounts that you have already paid, fully permitted under applicable law.
You hereby acknowledge and agree that the perpetual license granted to ToWebOrNotToWeb by you in relation to User Content will continue after expiry or termination of any of the Agreements for any reason.
Any sections of the Agreements that, either explicitly or by their nature, must remain in effect even after termination of the Agreements, shall survive termination.
12. Warranty and disclaimer
Although ToWebOrNotToWeb will endeavor to provide the ToWebOrNotToWeb Services in the best possible way without interruptions, you understand and agree that the ToWebOrNotToWeb Services are provided ‘as is’ and ‘as available’, without any express or implied warranty, condition or assurance of any kind. This means that we do not represent or warrant to you that:
-the use of the ToWebOrNotToWeb Services and the Resources will meet your needs or requirements.
-the use of the ToWebOrNotToWeb Services and the Resources will be uninterrupted, timely, secure or free from errors.
-the information obtained by using the ToWebOrNotToWeb Services and the Resources will be accurate or reliable, or any defects in the operation or functionality of ToWebOrNotToWeb Services or any Resources we provide will be repaired or corrected.
You are using the ToWebOrNotToWeb Services and the Resources at your own risk and for your own account. Any Resources downloaded or otherwise obtained using the ToWebOrNotToWeb Services is done at your own discretion and risk, and you are solely responsible for any damage to your computer or other devices for any loss of Data that may result from the download of such Resources. ToWebOrNotToWeb and all owners of the Resources make no representations and disclaim any warranties or conditions of satisfactory quality, merchantability, fitness for a purpose, or non-infringement. Neither ToWebOrNotToWeb, its licensors, partners nor any owner of Resources warrants that the ToWebOrNotToWeb Services are free of malware or other harmful components. In addition, ToWebOrNotToWeb makes no representation nor does it warrant, endorse, guarantee, or assume responsibility for any Third-Party Applications, User Content, or any other product or Service offered by a third-party on or through the ToWebOrNotToWeb Services or any hyperlinked website, or featured in any banner or other advertising. You understand and agree that ToWebOrNotToWeb is not responsible or liable for any communication between users or any transaction between you and third party through the ToWebOrNotToWeb Services. No information or advice, whether expressed, implied, oral or written, obtained by you from ToWebOrNotToWeb or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in these Terms.
This section shall apply to the greatest possible extent permitted under applicable law.
YOU HEREBY AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE TOWEBORNOTTOWEB SERVICE IS TO UNINSTALL ANY TOWEBORNOTTOWEB RESSOURCE AND TO STOP USING THE TOWEBORNOTTOWEB SERVICES. WHILE TOWEBORNOTTOWEB ACCEPTS NO RESPONSIBILITY FOR THIRD-PARTY APPLICATIONS OR THE RESOURCES THEREOF, AND WHILE YOUR RELATIONSHIP WITH SUCH THIRD-PARTY APPLICATIONS MAY BE GOVERNED BY SEPARATE AGREEMENTS WITH SUCH THIRD-PARTIES, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY, AS WITH RESPECT TO TOWEBORNOTTOWEB, FOR ANY PROBLEMS OR DISSATISFACTION WITH THIRD-PARTY APPLICATIONS OR THE RESOURCES, IS TO UNINSTALL AND/OR STOP USING ANY SUCH THIRD-PARTY APPLICATIONS.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL TOWEBORNOTTOWEB, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; (2) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT), IN ALL CASES ARISING OUT OF THE USE OR INABILITY TO USE THE TOWEBORNOTTOWEB SERVICES, THIRD-PARTY APPLICATIONS, OR THIRD-PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER TOWEBORNOTTOWEB HAS BEEN MADE AWARE OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; OR (3) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE TOWEBORNOTTOWEB SERVICES, THIRD-PARTY APPLICATIONS, OR THIRD-PARTY APPLICATION CONTENT MORE THAN THE AMOUNTS PAID BY YOU TO TOWEBORNOTTOWEB FOR THE PRECEDING TWELVE MONTHS PRIOR TO THE RELEVANT LIABILITY AROSE, TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW.
Nothing in the Agreements removes or limits ToWebOrNotToWeb’s liability for fraud, fraudulent misrepresentation, death or personal injury caused by its negligence, and, if required by applicable law, gross negligence.
14. Third-party rights
In addition to the sections above, and notwithstanding anything to the contrary in Terms, this section applies with respect to your use of any version of Services compatible with the iOS operating system of Apple Inc. (“Apple”). Apple is not a party to Terms, does not own and is not responsible for the Services. Apple is not providing any warranty for the Services. Apple is not responsible for maintenance or other support Services for ToWebOrNotToWeb and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the Services including any third-party product liability claims, claims that the app fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of the Services, including those pertaining to intellectual property rights, must be directed to ToWebOrNotToWeb.
Without prejudice to the website’s content individual rights, the set of www.ToWebOrNotToWeb.com contents, in terms of design, programming, structure, indexing and presentation, is protected in accordance with the international laws on intellectual property and are owned exclusively by ToWebOrNotToWeb. Any reproduction, modification, publication, adaptation of all or part of the website is forbidden, unless a previous written authorization is provided by ToWebOrNotToWeb. Unauthorized use of www.ToWebOrNotToWeb.com or part of it will be considered illegal and pursuable in accordance with art. L.335-2 and following of the French Intellectual Property Code.
Failure to comply with the above conditions will constitute an unlawful activity, which may lead to corresponding civil or criminal sanctions in accordance with the applicable legislation. The third-party contents of the website, whether texts, images, animations, multimedia, software, computer applications, trademarks, trade names or patents belong to the mentioned companies, organizations or persons. The use of such third-party content in www.ToWebOrNotToWeb.com is done for illustration only or as a reference to products, Services and companies, in accordance with the rules on intellectual property.
15.2. Entire agreement
Other than as stated in this section or as explicitly agreed upon in writing between you and ToWebOrNotToWeb, the Agreements constitute all the terms and conditions agreed upon between you and ToWebOrNotToWeb and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral.
15.3. Severability and waiver
Unless as otherwise stated in the Agreements, should any provision of the Agreements be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreements, and the application of that provision shall be enforced to the extent permitted by law.
Any failure by ToWebOrNotToWeb or any third-party beneficiary to enforce the Agreements or any provision thereof shall not waive ToWebOrNotToWeb’s or the applicable third-party beneficiary’s right to do so.
ToWebOrNotToWeb may assign the Agreements or any part of them, and ToWebOrNotToWeb may delegate any of its obligations under the Agreements. You may not assign the Agreements or any part of them, nor transfer or sub-license your rights under the Agreements, to any third party.
You agree to indemnify and hold harmless ToWebOrNotToWeb and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, arising out of: (1) your breach of Agreements and Terms; (2) your misuse of any User Content; (3) any activity in which you engage on or through the ToWebOrNotToWeb Services; and (4) your violation of any law or the rights of a third-party.
Any documents, information, texts and elements of any nature expressly identified as confidential and exchanged between the Client and ToWebOrNotToWeb shall be deemed strictly confidential, provided they are not made public before.
The Client and ToWebOrNotToWeb shall take any measures to protect such confidentiality by all their employees.
ToWebOrNotToWeb may use the name and logos of Clients as business references, unless expressly otherwise stated by the Clients.
16. Governing Law / Jurisdiction
The Services are controlled by ToWebOrNotToWeb from our offices located in Paris, France. They can be accessed by most countries around the world. As each country has laws that may differ from those of France, by accessing our Services, you agree that the laws of France will apply to all matters relating to the Services, the Agreements and the Terms.
Any action to enforce Agreements shall be brought in the courts located in Paris, France. You hereby agree to the jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
Copyright © 2018, ToWebOrNotToWeb All Rights Reserved.