Preamble

Alerti SARL, a French société à résponsabilté limitée with its principal place of business located at 7/9 rue Pelée, 75011 Paris, France and registered with the Registry of Commerce and Companies (i.e. the Registre du Commerce et des Sociétés) of Paris under the number 501 993 778, (“Alerti”) is the owner of the website located at the domain name www.alerti.com (the “Alerti Site”), which allows its members (the “Members”) to oversee and manage their digital identity.

Please carefully read these terms and conditions of use (these “Terms and Conditions of Use”). If you refuse to be subject to these Terms and Conditions of Use, you must leave the Alerti Site. If you wish to become a Member, and/or use the Alerti Site, you must read these Terms and Conditions of Use and accept them during your subscription process.

1. Accepting these Terms and Conditions of Use

You accept these Terms and Conditions of Use by using the Alerti Site or any Alerti Service.

By using the Alerti Site, you agree to comply with these Terms and Conditions of Use.

These Terms and Conditions of Use contain the entire understanding between the parties with respect to the use of the Alerti Site and supersedes all prior communications and understandings with respect thereto. These Terms and Conditions of Use shall remain in effect, even in the event if you subscribe to an Alerti Service, unless otherwise provided for in the Terms and Conditions of Sale.

2. Definitions

In addition to the definitions contained throughout these Terms and Conditions of Use, the following terms shall be defined as follows:

Alert : shall mean the automatic monitoring by the Alerti Site of the Content posted on the Internet by Editors related to one or more Key Words.

Content: shall mean text, acticles, posts, videos, images, as well as any content posted on the Internet by Editors, indexed by the Alerti Site by the number of Alert results.

Key Words: shall mean the terms needed for an Alert selected by a Member.

3. Purpose

These Terms and Conditions of Use set forth the conditions upon which you accept to use the Alerti Site and, as the case maybe and subject to the Terms and Conditions of Sale, the Alerti Services.

4. Modification of these Terms and Conditions of Use

Alerti may modify these Terms and Conditions of Use from time to time. Such modifications shall be effective immediately upon the posting of the modifications on the Alerti Site. Your continued use of the Alerti Site after Alerti publishes the new version of these Terms and Conditions of Use on the Alerti Site acknowledges your acceptance to such new version. Therefore, it is important that you regularly read these Terms and Conditions of Use to ensure that you are aware of any modifications that might have been made to these Terms and Conditions of Use.

5. Eligibility

Use of the Alerti Site and subscription as a Member (the “Subscription”) shall be considered null and void upon any breach by you of these Terms and Conditions of Use. By using the Alerti Site, you acknowledge and represent and warrant that your use of the Alerti Site does not contravene any law or regulation in effect.

6 . Identification

At the time you subscribe to become a Member, we will ask you to select an ID, which includes a Login and a password (collectively, “ID”). You, and you alone, are responsible for maintaining your ID confidential. You shall not, at any time, use the account, user name or ID of another Member and shall not provide your ID to any third party. You shall immediately notify Alerti upon an unauthorized use of your account or access to your ID, and upon any suspicion of the same. You, and you alone, are responsible for the use of your account.

7. Alerti Site

The Alerti Site allows Members, without charge, to set-up Alerts through the use of Key Words.

For each Alert, the Alerti Site allows a Member to access Content that has not been ranked by Alerti, subject to the Editor’s terms and conditions of access or archiving.

Alerti is neither the edititor nor moderator of the Content.

Alerti provides Members access to software tools, in particular to:

• delete non-pertinent Content;
• rank Content using a basic scale (positive, negative, neutral);
• “tag” Content;
• insert comments within the Content;
• share Content with other Members;
• send Content to other Members.

Members can access statistics related to Content on which the above actions were taken (“Used Content”).

Members have the ability to assign one or more tasks to other Members regarding each Content and to track the tasks.

Used Content and statistics thereon is saved for thirty (30) days.

8. Alerti’s liability regarding access to the Site

Alerti shall only be liable for providing access to the Alerti Site.

Alerti shall not be liable for any error, omission, interruption, suppression, defects, delay in operations or transmissions, theft or destruction or unauthorized access, or of any modification to the Member’s communication.

Alerti has the right to temporarily suspend access to its services for technical reasons or for maintenance and shall not be liable for such suspension or pay any indemnification for such suspension. Alerti will use its best efforts to limit these types of suspensions.

Alerti shall use its best efforts to ensure that data exchanged during your use of the Alerti Site is secure and maintained confidential.

9. Alerti’s Property Rights to the content of the Alerti Site – Limited Use License

The content of the Alerti Site, including but not limited to graphics, logos, drawings, text, icons, script, applications, software, functionality as well as their selection and combination, but excluding Content, (collectively “Site Content”) is the exclusive property of Alerti or of its licensors. Any reproduction, imitation or fixing, whether in whole or in part of any trademarks, drawings and models owned by Alerti is strictly prohibited without the prior written approval of Alerti.

Site Content shall not be in any way or by any means be, whether in whole or in part, modified, copied, distributed, framed, reproduced, downloaded, displayed, posted, transmitted or sold without the prior written consent of Alerti.

You are authorized to use the Alerti Site and the Site Content in accordance with these Terms and Conditions of Use. Any use of the Alerti Site or the Site Content not in accordance with these Terms and Conditions of Use, or in violations of applicable law or a third party’s rights is strictly prohibited and shall result in the automatic termination of the right to use the Alerti Site. Notwithstanding anything in these Terms and Conditions to the contrary, Alerti may, at any time, with or without reason, and without notice, terminate your right to use the Alerti Site.

10. Good Conduct of the User

You agree to not use the Alerti Site or the Alerti Services:

• To offer products or services in violation of any law or regulation in effect,
• To export or collect, by any electronic or other means, email addresses or other information of other users of the Alerti Service or of the Alerti Site for the purpose of sending emails or other unsolicited correspondence,
• Illegally or in a way that risks damaging, deactivating, or overloading the Alerti Site,
• To collect information from or interact with the Alerti Service or the Alerti Site by means of automatic script,
• To distribute, publish, or save on the Alerti Site illegal content (racist, anti-Semitic, discriminatory, pedophilic, incites violence, incites racial or ethnic hatred, malicious, sectarian, vulgar, obscene, fraudulent, prejudicial, illegal, abusive, defamatory, violates privacy rights or rights to publicity, or otherwise is reprehensible) (collectively, “Illicit Content”),
• To distribute anything containing a computer virus or any code, file or software program intended to interrupt, destroy or limit the functionality of software, computer equipment or telecommunication equipment.

11. Liability for Content

The Alerts provide hyper-links to the Content published by third-party Editors. Therefore, Alerti does not guaranty the accuracy, the pertinence or completeness of the Content and shall not be liable for any part of the Content.

12. Claims or complaints relating to infringements on intellectual property rights and violation of human rights

In the event that we receive notification that something published on the Alerti Site might infringe on intellectual property rights (including but not limited to copyrights, drawings, models, trademarks) or violate human rights (including but not limited to the right to publicity and privacy rights) or be Illicit Content, we will promptly delete or deactivate access to the items at issue. If you notice that Content infringes on intellectual property rights or violates human rights, you can send a written notice by email to containing the following information: (a) identify the Content at issue, (b) information directing us to where on the Alerti Site the Content is located, © your contact information (first and last names, or the name of the company on whose behalf you are writing, address, phone number and email address), (d) if applicable, an attestation that you are the owner of the intellectual property rights or are authorized to act on behalf of the owner (provided, however, that no specific power is necessary when reporting Illicit Content).

13. Terms and Conditions of Sale

See the Terms and Conditions of Sale to know the terms and conditions applicable to the Alerti Service. Upon each subscription to an Alerti Service, you accept with reservations the Terms and Conditions of Sale. The Terms and Conditions of Sale may be modified from time to time at the sole discretion of Alerti. You should therefore review the Terms and Conditions of Sale before each subscription to an Alerti Service.

14. Confidentiality

We respect the privacy rights of our users. Alerti shall maintain all information, regardless of type, that is transmitted to Alerti by the Client or that Alerti gains knowledge of while performing the Alerti Services confidential. This confidentiality obligation shall survive the term of these Terms and Conditions and shall survive indefinitely.

Notwithstanding the forgoing, Alerti shall have no confidentiality obligation regarding the Content.

15. Liability Limitation

IN NO EVENT SHALL ALERTI OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES, INCLUDING LOSS OF PROFITS OR OF DATA RESULTING FROM USE OF THE ALERTI SITE OR ALERTI SERVICES, FOR SITE CONTENT OR FOR OTHER ELEMENTS ACCESSIBLE OR WHICH CAN BE DOWNLOADED FROM THE ALERTI SITE EVEN IF ALERTI HAS KNOWLEDGE OF OR HAS BEEN NOTIFIED OF SUCH POTENTIAL DAMAGES.

NOTWITHSTANDING ANY PROVISION TO THE CONTRARY IN THESE TERMS AND CONDITIONS OF USE, ALERTI’S LIABILITY, WHATEVER THE BASIS OR THE FORM OF THE LEGAL ACTION, IS IN ALL INSTANCES LIMITED TO THE AMOUNT YOU HAVE PAID ALERTI FOR USE OF THE ALERTI SERVICE.

16. Term and Termination

These Terms and Conditions of Use, as may be amended from time to time by Alerti, shall remain in full force and effect during your use of the Alerti Site and/or Alerti Services.

Alerti may terminate your membership at any time, with or without notice, at its sole discretion.

17. Applicable Law and Jurisdiction

Unless otherwise required by law – and which shall only be applied strictly for its intended purpose, it is expressly agreed that (i) French law shall be the law applicable to these Terms and Conditions of Use and (ii) any litigation between you and Alerti related to the use of the Alerti Site or of the Alerti Services shall be submitted to the jurisdiction of a competent court in Paris, France.