General Terms and Conditions of Use – PERSEE
These General Terms and Conditions of Use are applicable to any natural person (hereinafter referred to as “You”) who directly accesses the website data.persee.fr and its sub-domains (hereinafter referred to as the “Site”) and its services (hereinafter referred to as the Services) published by the UMS 3602 Persée (hereinafter referred to as “Persée”).
Persée is a joint laboratory directed by Mrs Nathalie Fargier and established by the University of Lyon (UdL), the National Centre for Scientific Research (CNRS) and the École normale supérieure de Lyon (ENS de Lyon), hereinafter together the “Tutelles”.
Persée is a research infrastructure, linked to collEx, registered on the roadmap for research infrastructures 2016 (collEx-Persée), and participates in the “Digital Scientific Library” (BSN) system;
Persée mission is to ensure the enhancement of the scientific heritage through its digitization, enrichment and free and open dissemination;
Persée develops a range of services for the higher education and research community. This offer is organized in three axes: the development of the Persée portal dedicated to the heritage collections of scientific publications; the production and dissemination of research corpuses, particularly in the field of Digital Humanities; and the provision of data and structured corpuses for exploration and analysis by researchers.
The ENS of Lyon having received a mandate from the UdL and the CNRS, regarding the exercise of all the rights and obligations of the latter within the framework of these General Terms and Conditions of Use (hereinafter the GTC).
You agree that your relationship with Persée shall be governed exclusively by these Terms and Conditions of Use, hereinafter referred to as “the T&Cs”, accessible on the Site or made available to you by any means prior to your use of the Services.
Any access to the Site and any use of its Services implies that You consult and accept the T&Cs in advance.
Consequently, You acknowledge that You are fully aware that your agreement regarding the content of these T&CU does not require a handwritten or virtual signature of this document, insofar as You wish to access the Site and/or its Services online.
These T&Cs are subject to change.
It is therefore understood that the T&Cs applicable to access to the Site and/or its Services are those in force on the Site at the time of such access.
The date of publication of these T&CU is the date of entry into force.
Any new access after the entry into force of new T&Cs is therefore subject to these new T&Cs.
You have the right to save or edit these T&Cs, it being specified that both the saving and editing of this document are your sole responsibility.
« Persée Database »: the Parties understand: the entire database co-ownership of the Guardians, developed and managed by PERSÉE and consisting of the informational and structured set of data produced by PERSÉE after the digitization of the Documents, as well as the software elements allowing its operation. The said data being made up of XML files containing the text resulting from optical character recognition, not corrected according to the TEI scheme, enriched by a documentary work of markup and expressly including all the associated Metadata.
« Documents »: the Parties mean all texts, works, documents initially transmitted to PERSÉE by the Publishers in their paper version and from their collections of works.
« Persée Data »: refers to all informational data and content of any kind, accessible and/or selected online by You on the Site and extracted from the Persée Database, as well as the associated Metadata.
« Publishers »: the Parties understand the holders of intellectual property rights on the Documents, having granted by agreement with Persée, all the rights necessary for the creation and exploitation of its Persée Database.
« Persée Data set »: refers to subsets of Metadata generated and proposed by Persée that may or may not be linked to repositories from the scientific communities.
« User Data set »: refers to the subsets of Metadata generated by the User according to his requests, which may or may not be linked to repositories from the scientific communities.
« Data set »: refers, together, to the User Data sets and the Persée Data sets.
« Metadata »: refers to all structured descriptive and administrative information describing Persée Data. The Guardians are co-owner of the rights to the Metadata and provide them to You in XML format according to the DublinCore, MarcXML and MODS schemas. Metadata provides a detailed bibliographic description in a standardized format.
« Platform »: refers to the entire production and distribution chain of Persée Data, including the hardware infrastructure, software applications and websites for the distribution and transmission of Persée Data, published by Persée and on which the Database is used. You select and access Persée Data on the Platform. The Platform includes in particular the Site, which is accessible on the Internet network, or as an application on any mobile telephone network, hosted in particular under the address data.persee.fr and any associated sub-domain, including in particular all its Services, application software and all its constituent elements, protected or not by any intellectual property right.
« Services »: all Persée services specially offered on the Site. The Services are described in particular on their presentation pages, which are accessible on the Site before any use of the Services.
« Users »: refers to all users of the Services on the Site.
These T&Cs express all the rights and obligations of the Parties with respect to access to the Site and Services.
You declare that you have read, understood and accepted expressly and without reservation all of the said documents, by simply accessing and using the Site.
4. Purpose and duration
The purpose of these T&Cs is to define the rights and obligations of the Parties with respect to access to the Site and its Services.
These T&Cs come into force on the date of access to the Site or on the date of access to the Services.
These T&Cs are concluded for the duration of access to the Site and/or use of the Services.
5. Right of access to the Services
You have a personal right to access and use the Services for an unlimited period of time, worldwide, for any strictly private, scientific or educational purposes and excluding any commercial or lucrative purposes.
This license to use the Services granted to you does not transfer any intellectual property rights on the Site or the Persée Data.
Persée may propose any waiver clause of these T&Cs, by written contract with any interested person, including in particular a right to use the Services for commercial and professional purposes.
6. Discontinuation, modification and evolution of the Site and Services
Persée is entirely free to delete, modify, develop the Site and its Services without any obligation of prior information and this, even in the event that this would generate a degradation of the Services.
In this case Persée will do his best to warn You beforehand.
7. General behaviour for the use of the Services on the Site
You use the Services on the Site responsibly, with respect and courtesy, in particular with regard to the rights of other users of the Site.
As such, You expressly forbid yourself, by accessing and using the Services on the Site:
- disrupt or interrupt the Site, the Services or the servers or networks connected to the Site;
- attempt to interfere with the access of any other visitor or user of the Site, host or network, including, without limitation, exposing the Site to a virus, creating saturation, flooding the server, saturating the email message or falsifying any header of the TCP/IP protocol information packet or any part of the header information contained in any email;
- to access data that is not intended for You, or to enter a server / account to which you are not authorized to have access;
- attempt to probe, scan or test the vulnerability of a system or network, or to violate security or authentication measures without authorization;
- use or attempt to use the Services in violation of the TOS or without permission from Persée;
- to impersonate another natural or legal person;
- to carry out an activity or induce a third party to carry out an illegal activity, or which would harm Persée, such as parasitism or unfair competition, or any other activity which would infringe the rights, in particular intellectual property or personality rights, of Persée, its suppliers, partners, distributors, advertisers or any other User;
- to transmit or transfer (by any means whatsoever) information derived from the Site, in particular to other countries or to certain foreign nationals in violation of national or international laws or regulations.
At any time, Persée may without notice prohibit You from accessing the Site or the Services, in the event that Your conduct violates these T&Cs, regardless of the seriousness of such violation, without prejudice to any damages and interest that Persée reserves the right to claim from You.
This decision to prohibit access can under no circumstances justify any liability on the part of Persée, even in the event of damage caused to You by the prohibition of access, even if Persée was aware of the possibility of such damage.
8.1. Persée Guarantee
Persée guarantees to be the holder of all the rights necessary for the proper execution of these T&CU and to respect all French regulations and the rights of all third parties.
8.2. User Warranty
You are the only one responsible for your Data sets, Persée having no means of control over their automatic generation by the Site following your choices.
Consequently, You undertake that your User Data sets will comply, in particular with all applicable French regulations, particularly with regard to third parties and any other visitor or user of the Site, and expressly make it your personal responsibility to comply with these standards.
9.1. Provision of the Site and Services “as is”
Persée does not guarantee the accessibility, permanence over time, availability, stability of the Site and Services.
Consequently, Persée may under no circumstances be held liable for any malfunction in access to the Site or the Services, the speeds at which pages are opened and viewed, the termination, modification, evolution, temporary or permanent inaccessibility of the Site or the Services, errors in the information contained in the Data, Metadata and Percentage Data sets generated, received or transmitted by the Site, temporary total or partial non-performance of any Service, fraudulent use by third parties of the information made available on the Site.
Under no circumstances shall Persée be held liable for any physical, material or moral damage caused or resulting from any failure, inaccessibility, total or partial non-performance of the Site or Services, such as, without this list being exhaustive, a temporary or permanent malfunction of the e-commerce services, erroneous or non-exhaustive information, failures in the accessibility or stability of the Site or Services.
9.2. Responsibility for User Data sets
Persée does not control a priori and does not filter the User Data sets that any user may generate and distribute when using the Services.
As such, Persée assumes no responsibility for the User Data Games, and You expressly release Persée and the Guardians from any liability for any complaints or damages, known and unknown, arising from or relating to complaints or damages against any third party in connection with such Data Games.
9.3. Limitation of liability
In any event and in view of the free nature of access to the Site, regardless of the basis of any User’s claim and/or legal action:
- it must be formulated within one year of the occurrence of the event that is the subject of the claim, and in the exceptional event that Persée liability is to be established and retained, it may not exceed an amount of 50 (fifty) Euros.
10. Early suspension at the initiative of Persée
Without prejudice to any damages that Persée may request, Persée reserves the right to suspend your access to the Services and/or the Site, without notice or compensation, if You do not comply with these T&CU.
11. Hypertext links
The Site or Services may contain hypertext links to other sites on the Internet.
These links to these other resources may cause You to leave the Site.
As these sites are neither published nor under the control of Persée, the publication director cannot under any circumstances be held responsible for the content of the sites to which the Internet user has access.
Persée authorizes the creation of links to any page of the Site.
In any event, Persée reserves the right to remove or prohibit at its sole discretion and afterward any link on a third party site that has been created to the Site or Services.
In any case, it is advisable to display the Site in a new tab of the browser.
12. Intellectual Property
12.1. Intellectual Property on the Platform and Site
The general structure of the Platform, the Site, the Services and all the elements composing them (such as forms, logos, domain names, photographs, images, texts) are the exclusive property of the Trustees and/or their partners.
These elements are protected by intellectual property and other laws, including copyright.
You may only use these elements within the framework of these T&CU.
Any total or partial reproduction of the Site and/or its components (as described above) by any means whatsoever, without the express authorisation of Persée, is therefore prohibited and would constitute an infringement punishable by Articles L. 335-2 et seq. of the Intellectual Property Code.
Any complaint or request in this regard may be made directly to Persée at the following address: firstname.lastname@example.org
12.2. Intellectual Property on Data sets
The Guardians are co-owners of the sui-generis rights to the Persée Database from which the Data sets are extracted, as well as the intellectual property rights to the Data sets.
As such, the rights granted to You below on the Data Games do not entail any transfer of ownership, in particular intellectual property, in whole or in part, to You.
You undertake not to infringe the rights of the Guardians directly or through third parties with whom You may be associated.
12.2.1. Scope of the License
PERSÉE grants You a right to use any Data set transmitted to You by the Site for strictly non-commercial and/or non-profit purposes, such as educational, research, academic or private use.
This license is granted to You, on a personal, non-exclusive, non-transferable basis, for the entire duration of your use of the Data set, worldwide, and includes the right to reproduce, copy, translate, modify, make available, transfer, publish, broadcast, communicate, on any network and on any current or future media, the Data set.
You expressly acknowledge and agree that any reproduction, representation, distribution, use, communication, even partial and on any medium, of any Data set must mention in a readable format and in compliance with any applicable graphic charter communicated by Persée with the Data set:
- the name and/or logo of Persée;
- the origin and a link to the Site
Any commercial use of the Data sets requires the express consent of Persée. In the event of commercial and/or lucrative use, You are invited to contact Persée at email@example.com
The licence granted above for Data Games is limited solely to strictly private, scientific or educational operations and purposes, to the exclusion of any other use, in particular commercial use.
You therefore refrain from doing so:
– any distribution, use or modification that is unlawful, harmful, or inconsistent with the Terms and Conditions of the Data Games;
Any marketing or exploitation of the Data Games that damages the development and activity of the Site is prohibited.
The ENS de Lyon reserves the right to refuse, limit, or delete access to the Data Games in the event that the Project does not comply with the non-commercial and academic purpose of this License.
13. Personal data
The Parties undertake to comply with the legislation in force on the protection of privacy with regard to the automated processing of personal data.
13.1. Persée Data
Biographical information, images and photographs may be contained in the Persée Data, Data sets and Metadata, and may constitute personal data.
The processing of such personal data included in the Persée Data, Data sets and Metadata is subject to a declaration to the CNIL.
13.2. Data storage and transmission
Persée Data, Data sets and Metadata are processed and stored on the servers of the ENS de Lyon, under conditions designed to ensure their security, and are kept for as long as necessary to achieve the scientific and general interest purposes targeted with the creation of Persée and recalled in particular in the preamble to the GCU.
Persée Data, Data sets and Metadata are archived on the servers of the Centre Informatique National de l’Enseignement Supérieur, as part of its general interest archiving mission.
However, you are informed that they may be disclosed pursuant to a law, regulation or decision of a competent regulatory or judicial authority or, if necessary, for the purpose of safeguarding Persée rights and interests in legal proceedings.
13.3. Rights of access and rectification of the Data
In accordance with the law “informatique et libertés” n°78-17 of 6 January 1978, you have the right to access, oppose and rectify any information concerning you.
To exercise this right and obtain communication of any information concerning You, You can write to the following e-mail address: firstname.lastname@example.org
13.4. Data Security
Persée attaches particular importance to the security of its data and implements all appropriate measures to limit the risks of loss, damage or misuse of its data.
14. Force majeure
Persée shall not be liable if a breach of any obligation, whether or not provided for in these T&CU, was caused by force majeure or fortuitous circumstances, including, but not limited to, disasters, fires, failures or external failures, and in general any irresistible and unforeseeable event that does not allow access to the Site or use of the Services.
15. General provisions
The securities contained in these T&CU are offered for practical purposes only and have no legal or contractual effect.
If one or more provisions of these T&CU are held to be invalid or declared invalid pursuant to a law, regulation or following a final decision of a competent court, the other provisions shall retain their full force and scope.
15.3. No waiver
The fact that one of the Parties does not invoke a breach by the other Party of any of the obligations referred to in these T&CU shall not be interpreted in the future as a waiver of the obligation in question.
15.4. Applicable law and attribution of jurisdiction
These T&Cs are governed by French law even though one of the Parties may be of foreign nationality and/or these T&Cs may be executed in whole or in part abroad.
In the event of any discrepancy in interpretation on a translated version, only the French version of this document shall prevail.
Any dispute or controversy arising from the validity, interpretation and/or execution of these T&CU, which the Parties are unable to resolve amicably, shall be submitted to the exclusive jurisdiction of the Tribunal materially competent of Lyon, even in the event of multiple defendants, summary proceedings or a guarantee call.