1. Object and Validity
- The company
Authorized managing director: Pierre-Antoine Ullmo
E-Mail address: [email protected]
Recorded in the Commercial Register of Brussels under Commercial Register Number: 0896.564.961
VAT-ID No.: BE-0707863141
(hereinafter referred to as “EXP-Editions”) operates a platform for mobile watching, reading and listening on the internet portal https://exp-editions.com, as well as on mobile applications hereinafter referred to as “Knowledge Platform”).
- The use of the Platform shall be subject to the following General Terms and Conditions (“General Terms and Conditions”) in the version valid at the time of your registration. EXP-Editions does not acknowledge any different general terms and conditions belonging to you unless agreed to their validity in writing.
- No separate contract text is provided for the agreement pertaining to the use of the Platform. The content of the agreement between you and EXP-Editions is based on these General Terms and Conditions, as well as on the specific information provided to you as part of the registration or when ordering a paid subscription, that will be saved by EXP-Editions and that is available in your user account at any time.
- You accept the validity and applicability of these General Terms and Conditions when registering, purchasing a paid subscription as the case may be.
2. Services and Rights
- EXP-Editions provides easy access to diverse, reliable knowledge, shared by the best thinkers, researchers, and academics of our time.
- through brief, original conversations available as videos, podcasts, and articles jointly referred to as Platform Content.
- The extent of the Platform Content and the options to use (the “License”) depend on the type of account you selected. There is a difference between a free account, a paid subscription and a free trial. In terms of duration, the license is limited to the validity period of the free account / paid subscription / free trial.
- The rights to EXP-Editions service and the content distributed through the service are and will remain with EXP-Editions or its licensors. The EXP-Editions software applications and content are licensed to you within the scope of the contractual use. We only grant you a non-exclusive (simple), time-limited right to personal use of the EXP-Editions service and its contents.
- The EXP-Editions service, and any content viewed through our service, is solely for your personal and non-commercial use. You agree not to use the service for public performances.
- You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Unless otherwise expressly authorized herein or by EXP-Editions in writing, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service Content, use of the Service Content, or access to the Service Content.
- Under no circumstances will EXP-Editions be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
- EXP-Editions may revoke your license at any time in its sole discretion. Upon such revocation, you must promptly destroy all content downloaded or otherwise obtained through the service, as well as copies of such materials, whether made in accordance with these Terms of Service or otherwise
- EXP-Editions reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that EXP-Editions will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. We have no obligation to retain any of Your Account or Submitted Content for any period of time beyond what may be required by applicable law.
- All EXP-Editions trademarks as well as our trade names, logos, domain names and other distinctive features are the sole property of EXP-Editions. The license does not give you any right to use the EXP-Editions trademarks, be it for commercial or non-commercial purposes.
3. Registering with EXP-Editions
- In order to be able to use EXP-Editions’s services, a registration with EXP-Editions is required. Individuals over the age of 18 have the right to register.
- The registration itself is free of charge (free account) and does not oblige you to obtain a paid subscription. By registering, you are executing an agreement with EXP-Editions for a limited, free use of the Platform.
- You can use your e-mail address as well as a password of your choice to register. Alternatively, you may register using a single sign-on service (for example, Facebook login). You can register via our website or after downloading our iOS app.
- Any information required for registration must be complete and correct and always up-to-date. EXP-Editions has the right to save and process the data you provided during registration, in accordance with the provisions on Data Protection.
- The password used must be kept confidential. Keeping it a secret is solely and fully your responsibility. The EXP-Editions user account may only be used by you. Any unauthorized use of your user account, as well as any such suspicion to that effect should be communicated to EXP-Editions immediately.
4. Paid Subscription
- To be able to fully benefit from EXP-Edition’s services, additional service packages in the form of paid subscriptions (“Subscription”) are available to you after registering.
- You can sign up for one of our paid subscriptions through an in-app purchase through our iOS app.
- In order to subscribe, you must select the desired option on the subscription screen within the iOS app, and a pop-up will appear where you have to enter your password for the Apple’s appstore. As soon as you finish, a pop-up will appear in which you have to confirm the purchase of the subscription again. At this point you can still cancel the process. You should then receive a receipt confirmation from the Apple’s appstore (not directly from EXP-Editions).
5. Trial Phases
- EXP-Editions occasionally offers to new users in particular, free Subscription Access for testing purposes for a certain period of time (“Trial”). EXP-Editions determines, at its sole discretion, if you may participate in a Trial. In case of an important reason, EXP-Editions may discontinue or change such free Trial at any time without prior notice or notification.
- You can only participate in certain Trials if you enter your payment details when you sign up for the Trial. In such a case, we need your consent at the beginning of the Trial that your free access will be converted into a paid Subscription Access on the day following the end of the Trial. In this situation, your subscription renews itself on a recurring basis and can be terminated up to one day before the end of the respective subscription period.
- If you do not wish to have the Subscription Access and the charge associated with it, you must cancel your Subscription Access given to you during the Trial before the end of the Trial by simply going to the app store settings.
6. Cancellation Policy
As part of your in-app purchase process, you have a right of withdrawal within the Apple-App-Store.
7. Reimbursement and Payment Methods
- The conclusion of a subscription for Subscription Access is subject to a fee and must be paid at the beginning of the subscription.
- When purchasing a subscription with the EXP-Editions’ iOS app, payment is made by Apple’s in-app purchase process.
- As part of your Subscription Access, your payment obligation will be automatically renewed at the end of the relevant subscription term if you do not cancel your paid subscription at least 24 hours before the end of the term.
8. Terms and Cancellations
- The free usage agreement starts from the time you register and runs indefinitely. You may cancel the free usage agreement at any time.
- The paid subscription completed in our iOS app can be canceled in your iTunes settings.
- The Subscription Access cancellation takes effect on the day following the last day of your current subscription period and you will be downgraded to the free user agreement (free account).
9. Gift Certificates and Special Offers
- If you are the holder of an EXP-Editions gift certificate that allows the use of an EXP-Editions service package for the period mentioned in the accompanying email, card or paper receipt, you have the right to use the Knowledge Platform during the respective period of time.
- Gift certificates and other codes cannot be redeemed for cash and cannot be reimbursed, exchanged or used to purchase other codes.
- Please note that in addition to these General Terms and Conditions, if you use a certificate or any other special offer, any additional conditions that may apply in connection with the gift certificate or offer (especially the validity period) also apply.
- Once the respective period expires, the subscription access ends automatically and you will be downgraded to the free account accordingly.
10. User Content
- With respect to the content or other materials you upload through the Service or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all right https://exp-editions.com/privacy-policy, titles and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein, and that you have all required rights to post or transmit such content or other materials without violation of any third-party rights. By uploading any User Content you hereby grant and will grant Exp-Editions, its affiliated companies and licensors, a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, adapt, perform, publish, distribute (through multiple tiers of distribution and partnerships), store, modify and otherwise use and fully exploit your User Content in any and all media, form, medium, technology or distribution methods now known or later developed and for any and all purposes (commercial or otherwise).
- You are solely responsible for all messages or other materials (“content”) that you post, publish or display (hereinafter, “upload”) via the Service. EXP-Editions reserves the right to investigate and take appropriate legal action against anyone who, in EXP-Editions’ sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities.
You agree to not use the Service to upload any content that :
(i) infringes any intellectual property or other proprietary rights of any party; (ii) poses or creates a privacy or security risk to any person; (iii) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales; (iv) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; (v) harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or (vi) in the sole judgment of EXP-Editions, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose EXP-Editions or its users to any harm or liability of any type;
11. Third Party Websites
The Service may provide, or third parties may provide, links or access to other sites and resources on the Internet. EXP-Editions has no control over such sites and resources and EXP-Editions is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that EXP-Editions will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that EXP-Editions is not liable for any loss or claim that you may have against any such third party.
12. Social Networking Services
However, please remember that the manner in which Social Networking Services use, store and disclose your information is governed solely by the policies of such third parties, and EXP-Editions shall have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled within the Service.
- EXP-Editions disqualifies any claims for damages coming from you. This does not apply to claims for damages arising from fatal injuries, physical injuries, health damage or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages that are based on an intentional or grossly negligent breach of duty by EXP-Editions, its legal representatives or affiliates. Essential contractual obligations are those the fulfillment of which enables the proper execution of the Agreement in the first place and on the fulfillment of which you can trust.
- In the event of a breach of essential contractual obligations, EXP-Editions shall only be liable for the typical, foreseeable damages stipulated in a contract, if they were simply caused by negligence, unless it also involves claims for damages due to fatal injuries, physical injuries or damages to health.
14. Change of Terms and Conditions
EXP-Editions reserves the right to amend and/or supplement the General Terms and Conditions with effect in the future, provided that this is reasonable for you taking into account EXP-Editions’s interests. If no explicit consent is obtained from you to adapt the General Terms and Conditions, you will be notified by EXP-Editions of any amendments and/or supplements to the terms and conditions in a timely manner (at least four weeks before the amended General Terms and Conditions enter into force).
15. Out-of-Court Dispute Resolution
For the out-of-court resolution of consumer disputes, the European Union has set up an Online Dispute Resolution (“OS Platform”) platform that can be accessed at http://ec.europa.eu/consumers/odr. The platform serves as a point of contact for the out-of-court resolution of disputes concerning contractual obligations arising from online agreements. EXP-Editions points out that EXP-Editions is neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
16. Final Provisions
- If any provision of these General Terms and Conditions is invalid, the remainder of the agreement remains valid. The statutory provisions shall take effect over the invalid regulations.
- The law of Belgium shall apply, excluding the provisions of the UN Convention on Contracts for the International Sale of Goods (CISG). The legal provisions restricting the choice of law and the applicability of mandatory regulations, in particular of the state in which the customer normally resides as a consumer, remain hereof unaffected.