The Website stample.com (hereafter: the "Website") is an online platform for personal and collaborative knowledge management.
The Website and Services are operated by the company named STAMPLE, an S.A.S. (in French, "Société par Actions Simplifiée"), with a share capital of 9.864,99 euros, registered at the Paris RCS # 533 356 747. Its head office is located at 1, rue André Antoine - 75018 Paris (hereafter: " Stample ").
Postal Address: 1, rue André Antoine - 75 018 Paris - FRANCE
Email address: firstname.lastname@example.org
The purpose of the current terms and conditions is to determine operating procedures and conditions for the services supplied by the Website (hereafter: the "Services"), as well as to define the rights and obligations of the concerned parties.
The acceptance of the current terms and conditions is realized by clicking a checkbox during the inscription to the Services. The acceptance of the current terms and conditions must be complete and without reservations. Any reservation shall be considered null and void. The Users who do not accept to be bound by these current terms and conditions shall not access nor use the Website and Services.
Persons accessing the Website and using the Services are hereafter called the "Users".
Users shall be informed by any manner deemed helpful. In this case, the clause(s) added or modified shall be given prominence by any typographical means deemed helpful.
Users who do not accept the modification of the terms and conditions must, before their entry into force, unregister from the Services in accordance with the procedures laid down.
When the new terms and conditions enter into force, they shall be submitted again to the User's acceptance. Every User who accepted these new terms and conditions and who uses the Services after their entry into force will be deemed to have accepted the modifications.
These terms and conditions can be printed via a direct link on the Website's homepage.
They can be complemented, where required, by particular conditions of use, which complement the current terms and conditions, and, in case of a contradiction, shall prevail over these.
This step is necessarily performed before their first use of the Services. Without this preliminary step, Services are inaccessible.
Users can register on the website stample.com or, where possible, on Stample's mobile applications.
The User who chooses this solution must provide his last name and first name, but the reality and reliability of this information is not mandatory. The User does not necessarily have to provide his real identity.
In this very form, the User must necessarily provide a valid email.
A secured password of at least eight characters will be requested of him.
In order to do so, the User clicks on the icon representing the social network to which he has registered. This icon is positioned to the right of the Stample credentials.
In this case, Users must provide Stample with every complementary information required to validate their registration. They may, if they wish to do so, import into Stample the address books or friends lists they possess on other social networks.
Any incomplete registration shall not be considered.
Users admit they are of 18 years of age or more, and that they are therefore able to accept the current terms and conditions in their own name. Thus, by accepting these conditions, Users recognize they have reached the age of majority.
The account (hereafter: the "Account") opening gives to the User access to his personal space (hereafter: the "Personal Space") et lets him manage the use of the Services, in the forms and technical means Stample considers most appropriate for providing the service.
Subscriptions (hereafter: the "Subscription") are offered by Stample. Details are available on the Website's entrance page.
Services subscribed to are undertaken as part of a paid Subscription, purchased for one month, unless a yearly plan is subscribed, in which case Services are purchased for one year.
The month starts from the first day to the last day of the month. In case of a Subscription during the month, the month starts from the Subscription day and ends at its anniversary date the following month. For example, if the Subscription was purchased on February 16th, it ends on March 16th.
In accordance to the dispositions of the article 121-1 of the French Consumer Code, the User has the right to withdraw for fourteen days from the beginning of the Subscription.
To help the Website understand what did not suit the User, the User can inform Stample of the reason of his departure. However, this procedure will not be mandatory; the User will not have the obligation to justify his decision.
In the case of a paid Subscription, the amount paid will be refunded in its entirety within fourteen days. However, the access to the Services will be blocked, within seven days after reception of the withdrawal demand, that being the required time for data retrieval.
To withdraw, the User has access to a standard form. The User is free to fill it or not. The form is then automatically sent to the Website. It is also possible that the User reaches Stample directly, by email or by mailed letter addressed to the contact details mentioned in the Introduction.
After this fourteen days deadline, the User cannot withdraw.
This tacit acceptance applies for successive periods of one month (hereafter: the "Periods"), from date to date.
The withdrawal delay should only be valid during the first month of the Subscription, after the conclusion of the contract.
Users recognize that when they renew tacitly their subscription for one month, they shall not demand the reimbursement of their payment, even if they rarely used the Website and even if they want to unsubscribe.
Their engagement expires on the date of the Subscription term.
They differ according to the plan chosen by the User. Plans are detailed on the Website's entrance page.
Prices are expressed in euros and all french taxes included, unless otherwise stated.
Stample retains the right, in its sole discretion and according to procedures only Stample can be judge of, to define special offers or prices reduction.
Stample ensures to inform the Users, in a clear manner and by all means deemed helpful, about the modifications of the prices of their Subscriptions, at least one month before their entry into force.
When the new prices enter into force, fully integrated to the general terms and conditions of sales, the User must accept these new conditions before accessing the Services. In the case of a modification of the general terms and conditions of sales, the clause(s) added or modified shall be given prominence by any typographical means deemed helpful.
The User who do not accept the new price or the modification of the current terms and conditions regarding the Subscription must terminate his Subscription in accordance with the conditions stated in the section Modifications and Services Termination. Otherwise, he will no longer have access to the Services.
The financial transactions regarding the Subscription payement are covered by a secured online payment service provider, chosen by Stample. The provider ensures the proper and secure functioning of the procedure.
This step is mandatory, since the Subscription payement is made automatically by bank debit.
The bank debit is implemented by the payment provider who is the only party to safeguard the Users' bank details to this end. Stample do not register any bank detail.
The automatic bank debit of the Subscription monthly fee is processed within the seven days following the beginning of each Period.
The User ensures Stample he has all the proper authorizations to pay the Subscription fee, in accordance with the procedures stated in the current article. He is committed to take proper mesures to enable the automatic bank debit of the Subscription fee.
A link is provided to the User in his Personal Space to download the invoices.
The User is informed and expressly agrees that any delay in payment, of all or part of the amount due at the expiration date within those thirty days, implies automatically and without prior formal notice:
the forfeit of the agreed terms, and all sums due by the User and their immediate collectability;
the immediate suspension of the ongoing Services until the complete payment of the integrality of the sums due.
The Services allow the User to store content by upload on the Website's servers, to edit them according to the possibilities offered by the Website and to delete them. If they wish, Users may share their content with other Users they specifically designate, within shared digital spaces for collaborative work which the Manager is responsible for.
Stample provides its Services through the supply process described below, excluding all other processes, being specified that Stample retains the right to propose, at any time, any complementary Service it considers appropriate.
Users recognize that the Services do not replace their personal equipment in terms of content storage, and thus that they will continue to use them. The Services provide a complementary solution, not alternate, that increases their online storage and sharing capacities.
Users also recognize that in case of momentary outage of Services, they may always use their initial equipment by using their own backup copies.
The Manager is responsible for the Collaborative Space. The Manager is responsible for the Members' management and the space's moderation.
They commit to proceed by themselves or proceed via any third party of their choice their backup copies.
Stample ensures the sustainable safeguard and the integrity of the content stored on the Website's servers, granted the data loss is not due to the User, the hosting provider or to an event of Force Majeure (see the Section "Stample's Responsibility").
Users may, at any time, via their Personal Space, terminate their subscription. This termination shall come into effect at the end of the current contract month, unless a yearly plan has been subscribed.
Stample retains the right to terminate a User's Subscription, thus terminating his access to the Services, with immediate effect, by letter, fax or email. However, Stample must state adequate reasons on which it based its decision; for instance, a failure of the User to comply with his obligations. Stample shall inform the User prior to terminating the Subscription.
The termination takes effect in full law on the date of dispatch of the notification addressed by Stample to the User, as a result of the application of this clause.
The User accepts and recognizes he is not entitled to any refund nor compensation regarding all or part of the Subscription fee corresponding to the ongoing Period.
Stample retains the right to modify or to stop providing all or part of its Services at any moment, at its sole discretion.
Because of its willingness to be transparent, Stample will inform the Users in advance of these modifications and/or termination of Services by all means deemed helpful, with one month's notice. Within that time, the User will be able to recover the data he stored on the Website. No Subscription shall be extended after the expiry of this period.
The User shall be allowed a seven days period to recover the content stored, shared and published from his Account. Within this time period, the User will not be able to use the Services.
The Collaborative Space(s) managed by the User who leaves Stample are not removed by default. The User may choose to delete the Spaces or preserve them.
In case of a Collaborative Space managed by several Managers, even if one of them leaves the Website, the Space shall be preserved.
Stample commits on providing Services diligently and in accordance with best practices, it being specified that Stample has an obligation of means, to the exclusion of any obligation of results, which the User recognizes and accepts.
Stample does not ensure the Users that (i) Services, subject to constant research for performance and quality improvement, shall be wholly free from error, faults or defects, (ii) Services, being standard and by no means provided for the sole intentions of the User and his specific constraints, shall specifically answer his needs and expectations.
In case of Services malfunction resulting in the impossible use of the Website, Stample agrees to reimburse the Users on a prorata basis of the unavailability of Services.
Stample is committed to carry out regular checks to verify the effective functioning of systems and Website's accessibility.
Stample is by no means a party within the relationships maintained between Users via the Website, and cannot be considered a judge for the disputes that may occur, in particular between Users, Managers and Members of the same Collaborative Space.
In accordance with the article 6.I.2 of the 2004 French LCEN law, Stample shall not be held responsible for the User's litigiousness of content, unless Stample came to be aware of it and did not act promptly by removing that content or forbidding access to it.
Stample shall not be, in any case, held responsible for the choices and actions of the Members of a Collaborative Space and of their consequences, in particular regarding other Members or Manager of that very Space. Similarly, Stample shall not be held responsible for the choices and actions of the Manager and their consequences, in particular regarding the Members.
Stample is not party to their relationship and shall not be involved, directly or indirectly, in the disputes that may oppose the Users.
Damaging contents and comments towards a third party may be subject to a complaint filed and addressed to Stample. As described, Stample retains the right to take measures in case of a complaint.
By accepting the current terms and conditions, Users accept their rights and obligations, so that they commit to respect these terms and conditions, as well as the laws and regulations that may be applicable.
Users remain solely responsible of the means they find most appropriate to reproduce and represent any content they did not create, in respect of the laws and regulations that may be applicable. Users are in deed informed on the matter, thanks to the Use Charter (available on the Website); they must respect copyright on the content they use.
Therefore, they ensure Stample they hold all the rights and authorizations required to edit, share and publish content.
Users remain solely responsible for their Use of the Website and Services, as well as the content they store, edit, share and publish on the Website.
Stample shall not be held responsible in case of any User's litigious content. Any potential claim shall be relayed directly to the author of the content and comment in question.
Similarly, Users are responsible for their credentials. In case their credentials are lost or stolen, they shall alert Stample through the credentials reinitialization procedure provided for that purpose on the Website. Subsequently, they will receive an activation link by email to create a new password.
Users shall be held responsible for the content on their account; hence, they must not harm public order, morality or infringe the rights of third parties. In particular, Users must not publish (without this list being comprehensive):
pornographic, obscene, outrageous, shocking, defamatory, offensive, violent, racist, xenophobic or revisionist content; counterfeiting content; content in violation of the image of a third party; misleading and deceptive content, or content that promotes illicit, fraudulent or misleading activities; content harmful to the computerized system of a third party (like viruses, worms, Trojan horses, etc.) and in general, any content capable of hindering the rights of a third party, or of causing prejudice to a third party, in any manner or form. Users commit to remain cordial:
Users commit to maintain a dignified and respectful debate in their discussions, in accordance with the basis rules of courtesy and politeness.
It is strictly prohibited to user the Services for the following purposes :
engaging in illegal or fraudulent activities or in violation of a third party's rights or security; compromising the public order, or violating laws and regulations in force; intrusion into the computerized system of a third party, or any activity likely to prejudice, control, interfere or intercept all or part of the computerized system of a third party, by violation of its integrity or security; sending any unsolicited email; manipulations intended to improve the SEO of a third party's website; helping or inciting, in any manner or form, one or more of the actions listed above; and in general, any action directed toward the manipulation of the Services for other purposes than the ones they were designed for. The User agrees to prohibit these behaviors:
Are also forbidden:
any behavior likely to interrupt, suspend, slow down or impeach the continuity of Services; any intrusion or intrusion attempt into Stample's systems; any deviation of the Stample system's resources; any action likely to impose a disproportionate load on the infrastructure of the Stample system's resources; any infringement of the security procedures or authentication; any action likely to hinder the rights, the financial, commercial and moral interests of Stample or its Users; and in general any failure to comply with the current terms and conditions. Users agree not to copy or deviate, in their favor or in favor of a third party, the concept, technologies or any elements on Stample's Website:
By acceptance of the current terms and conditions, the User agrees to respect Stample's intellectual property.
The systems, softwares, infrastructures, source codes, databases and content of any form (texts, images, visuals, musics, logos, brands, etc.) operated by Stample within the Website, and the technology implemented to provide the Services, are the property of Stample and are protected by the intellectual property rights in force.
Any disassembly, decompilation, decryption, extraction, export, reuse, copy and more generally any act of reproduction, representation, publication and use of any of these element, in parts or as a whole, without the authorization of Stample, are strictly forbidden and may result in legal proceedings.
It is strictly forbidden to trade off, sell or transfer all or part of the access to the Website and Services, as well as the data, content and information hosted there or shared.
Against any action or claim coming from a third party in case of Users' failure to comply to their contractual obligations, Users agree to compensate Stample for any prejudice it would suffer, and pay all the costs, charges and/or convictions Stample would have to support in that deed, including counseling costs.
In case of failure to comply with any of the provisions in the current terms and conditions, and more generally, in case of violation of laws and regulations by the Users, penalties may be imposed on by Stample against the User, in a fair and proportionate manner. As such, Stample retains the right, by informing the User in advance, to :
suspend provision of any or all the Services; terminate Users' access to the Services; take any appropriate mesure and engage any legal action; alert, when required, the competent authorities, cooperate with them and providing them all the helpful information for inquiry and interception of illegal or illicit activities.
Any action committed in the Website or through the Services and prejudicial to a third party may be the subject of a complaint to Stample.
This complaint must be addressed to Stample, to the contact details mentioned in the Introduction.
In accordance to the article 6 I 5 of the June 21st, 2014 French law, the complaint must necessarily contain:
the notification date; the complainant's identity (if it is a natural person: his first name, last name, occupation, address, nationality, birth date and location ; if it is a legal person: its form, denomination, head office and the entity representing it for legal purposes); the recipient's name and address (if it is a legal person, its denomination and head office); the description and precise location of the litigious facts; the reasons for which the content should be withdrawn, including reference to legal conditions and supporting evidence; the copy of any correspondance to the publisher or the author of the offensive data or malicious activity, requesting their suspension, removal or modification, or alternatively justification of the fact that the author or publisher could not be reached.
Stample is free to undertake any appropriate mesure, in particular, the above-mentioned in the first subpart of the Penalties section, without any commitment on its part, and/or forward the complaint to the competent authorities.
The current terms and conditions are ruled by the French law.
In case of a dispute about the validity, the interpretation and/or the application of the current general terms and conditions of sale, the parties agree that the Paris courts will be only qualified to judge, unless mandatory rules state otherwise.
If one of the dispositions of the current terms and conditions were to be judged illegal, ineffective or inapplicable, it shall be considered null and void, without impacting the current general terms and conditions.
The current terms and conditions are effective as of November 1st, 2014.