Terms of Service
TERMS OF USE
Last updated on October 14, 2020
AGREEMENT TO TERMS
These Terms of Use constitute a legally binding agreement between you, either personally or on behalf of an entity ("you") and Pictalk ("Company," "we," "our"), regarding your access to and use of the website https://www.pictalk.org as well as any other media, media channel, mobile website, or mobile application associated with, linked to, or otherwise connected to it (collectively, the "Site"). You agree that by accessing the Site, you have read, understood, and agreed to be bound by all these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST IMMEDIATELY CEASE YOUR USE OF THE SITE.
Additional terms and documents that may be posted on the Site from time to time are expressly incorporated herein by reference. We reserve the right, at our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you to any changes by updating the "Last Updated" date of these Terms of Use, and you waive any right to receive specific notice of each of those changes. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to the modifications of any revised version of the Terms of Use by your continued use of the Site after the date of publication of these revised Terms of Use.
The information provided on the Site is not intended to be distributed or used by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within that jurisdiction or country. Accordingly, those who choose to access the Site from other locations do so at their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register on the Site.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site is our property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the "Content") as well as the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other laws regarding intellectual property and unfair competition in the United States, international copyright laws, and international treaties. The Content and the Marks are provided on the Site "AS IS" for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Mark may be copied, reproduced, aggregated, republished, downloaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or exploited in any other way for any commercial purpose, without our prior written consent.
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly accessed solely for your personal and non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content, and the Marks.
USER REPRESENTATIONS
By using the Site, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Use; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; (6) you will not use the Site for any illegal or unauthorized purpose; and (7) your use of the Site will not violate any applicable law or regulation.
If you provide any information that is false, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
USER REGISTRATION
You may be required to register on the Site. You agree to keep your password confidential and will be responsible for any use of your account and password. We reserve the right to remove, reclaim, or change a username that you select if we determine, at our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
PROHIBITED ACTIVITIES
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Site, you agree not to:
1. Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without our permission.
2. Deceive, defraud, or mislead us and other users, including by attempting to obtain sensitive information from accounts such as user passwords.
3. Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
4. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
5. Use any information obtained from the Site to harass, abuse, or harm another person.
6. Make inappropriate use of our support services or submit false reports of abuse or misconduct.
7. Use the Site in a manner inconsistent with applicable laws or regulations.
8. Use the Site to advertise or offer to sell goods and services.
9. Engage in unauthorized framing or linking to the Site.
10. Download or transmit (or attempt to download or transmit) any viruses, trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with the use and enjoyment of the Site by any party or modifies, alters, disrupts, or interferes with the use, features, functionality, operation, or maintenance of the Site.
11. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
12. Delete the copyright or other proprietary rights notice from any Content.
13. Attempt to impersonate another user or person or use the username of another user.
14. Sell or transfer your profile.
15. Download or transmit (or attempt to download or transmit) any material that acts as a passive or active mechanism for collecting or transmitting information, including, without limitation, clear gifs, 1x1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms").
16. Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
17. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
18. Attempt to circumvent any content filtering techniques we employ or any security measures aimed at restricting access to the Site, or any portion of the Site.
19. Except to the extent that this may result from the standard use of a search engine or internet browser, use, launch, develop, or distribute any automated system, including, without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or use or launch any unauthorized script or other software.
20. Use a buying agent or purchasing agent to make purchases on the Site.
21. Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited emails, or creating user accounts by automated means or under false pretenses.
22. Use the Site in connection with any effort to compete with us or use the Site and/or the Content for any revenue generating endeavor or commercial enterprise.
23. Download illegal content or content obtained illegally.
USER GENERATED CONTRIBUTIONS
The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other features, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions or personal information or other material (collectively, "Contributions"). Contributions may be visible to other users of the Site and through third-party websites. In this regard, all Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available Contributions, you hereby represent and warrant that:
1. The creation, distribution, transmission, public display or public performance, and access, downloading or copying of your Contributions do not violate and will not violate the intellectual property rights of any third party, including without limitation, copyright, patent, trademark, trade secret, or moral rights of any third party.
2. You are the creator and owner of or possess the necessary licenses, rights, consents, permissions, and approvals to use and to authorize us, the Site and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.
3. You have the written consent, permission, and/or approval of each identifiable person in your Contributions to use the name or likeness of each identifiable person to allow the inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.
4. Your Contributions are not false, inaccurate, or misleading.
5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, defamatory, slanderous, or otherwise objectionable (as determined by us).
7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
8. Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a person or group of people.
9. Your Contributions do not violate any applicable law, regulation, or rule.
10. Your Contributions do not violate the privacy or publicity rights of any third party.
11. Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
12. Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
13. Your Contributions do not include any offensive comments related to race, national origin, gender, sexual preference, or physical handicap.
14. Your Contributions do not violate or link to material that violates any provision of these Terms of Use, or any applicable law or regulation.
Any use of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site.
CONTRIBUTION LICENSE
By posting your Contributions on any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully paid, worldwide right and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, rename, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, extract (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any lawful purpose, commercial or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and to grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media format and through any media channel.
This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and all trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that no moral rights have otherwise been asserted with respect to your Contributions.
We do not assert any ownership rights in your Contributions. You retain full ownership of all your Contributions and any intellectual property or other property rights associated with your Contributions. We are not responsible for any statements or representations in your Contributions provided by you in any area of the Site. You are solely responsible for your Contributions to the Site and you expressly agree to indemnify and hold us harmless from any claims, damages, losses, liabilities, costs, or expenses arising out of your Contributions.
We have the right, at our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contribution; (2) to recategorize any Contribution to place it in more appropriate locations on the Site; and (3) to preselect or delete any Contribution at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
MOBILE APPLICATION LICENSE
License Grant
If you access the Site via a mobile application, we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices that you own or control, and to access and use the mobile application on such devices in strict compliance with the terms and conditions of this mobile application license contained in these Terms of Use. You shall not: (1) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work of the application; (3) violate any applicable law, rule, or regulation in connection with your access or use of the application; (4) remove, alter, or obscure any proprietary notice (including any copyright or trademark notice) published by us or the application licensors; (5) use the application for any revenue-generating business, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the application available over a network or other environment allowing access or use by multiple devices or users at the same time; (7) use the application to create a product, service, or software that is, directly or indirectly, competitive with or a substitute for the application; (8) use the application to send automated requests to any website or to send any unsolicited commercial email; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any application, accessory, or device for use with the application.
Apple and Android Devices
The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each a "App Distributor") to access the Site: (1) the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that uses Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor's terms of service; (2) we are responsible for providing any maintenance and support services concerning the mobile application as specified in the terms and conditions of this mobile application license contained in these Terms of Use or as otherwise required by applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish maintenance and support services concerning the mobile application; (3) in the event that the mobile application fails to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application; (4) you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a "terrorist supporting" country and (ii) you are not listed on a U.S. government list of prohibited or restricted parties; (5) you must comply with third-party terms applicable when using the mobile application, for example, if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions of this mobile application license contained in these Terms of Use, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions of this mobile application license contained in these Terms of Use against you as a third-party beneficiary of it.
SUBMISSIONS
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information concerning the Site ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall have the right to use and disseminate without restriction such Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights in such Submissions, and you warrant that such Submissions are original with you or that you have the right to submit such Submissions. You agree that there shall be no recourse against us for any alleged or actual infringement of any right of ownership in your Submissions.
SITE MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice or liability, remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.
Terms of Use for the Agenda CAA Service
The present terms of use (hereinafter referred to as the “Terms”) aim to provide the legal framework for the provision of the Agenda CAA Service (the “Service”) and to define the conditions for access and use of the Service by the User.
1. Definitions
The terms starting with a capital letter have the following meanings:
Term Definition
User Refers to any individual or legal entity using our Service. A User must have an active Account to access the Service.
Administrator Refers to a member of the Agenda CAA development team authorized to manage the Service. An Administrator has an Account with privileged rights enabling them to configure features or perform actions on User accounts.
Account Refers to a valid account providing access to the functionalities of the Service.
Content Refers to all the information, links, and other materials that Users can upload and access on the Service.
Terms Refers to these general terms of use governing your access and use of the Agenda CAA Service.
Agreement Refers to these Terms and all other rules, policies, and operational procedures that Inria may publish periodically via the Service.
Personal Data Refers to any information relating to an identified or identifiable natural person; an “identifiable natural person” is someone who can be identified, directly or indirectly, by reference to an identifier such as a name, ID number, location data, or other unique identifiers.
Privacy Policy Refers to the document created by Inria detailing its processing of Users’ Personal Data and defining their corresponding rights.
Legal Representative Refers to a User who has created an Account as the legal representative of a person (e.g., parent) and can configure it for their needs as well as for those under their care.
Accompanist Refers to a User who has created an Account as a companion of a person (e.g., educator, speech therapist) and can configure it for their own needs as well as for those under their care.
Represented Refers to a User accessing an Account created by their Representative and using the Service.
Service Refers to the Agenda CAA service provided by Inria, consisting of an agenda ergonomically adapted for individuals with intellectual disabilities.
Third-Party Services Refers to services, products, software, embedded content, or applications (such as plugins, themes, or extensions) provided by third parties that Users can activate, use, or purchase while using the Service.
2. General Presentation of the Service
The Agenda CAA Service is administered by Inria, headquartered at Domaine de Voluceau – 78150 Le Chesnay Rocquencourt.
The Service is free and accessible via the internet through a mobile application.
The software used to provide the Service is owned by Inria.
3. Acceptance of the Terms of Use
The term “you” refers to any User accessing our Service. If you use the Service on behalf of another person or entity, you represent and warrant that you are authorized to accept the Agreement on behalf of that person or entity. By using the Service, you accept the Agreement on behalf of that person or entity and agree to be personally liable for any violation of its provisions.
Please read these Terms carefully before accessing or using the Service. By accessing or using any part of the Service, you acknowledge that you have read and accept to be bound by the Agreement. You also agree that we may automatically modify, update, or add elements to our Service, as specified in the Terms, and that this Agreement will apply to any changes.
Activation of your Account is conditioned upon acknowledgment and acceptance of these Terms. During registration, you must accept and validate the Terms. Your Service Account will then be automatically activated.
Please note that additional terms for Third-Party Services and/or licenses for third-party Content may apply when using the Service.
4. Service Features and User Profiles
By accessing the Service, the User can benefit from the following features:
• Upload and view multimedia content in a calendar.
• Display an enhanced schedule with multimedia content in appointment slots.
• Edit their user account and information.
5. Account Creation and Management
Access to the Service is restricted to Users and Administrators.
To access the Service, the following account creation methods are available:
1. By entering an email address and password.
2. By using OAuth protocols via Google or Apple services.
Accompanists must ensure they obtain authorization from the Legal Representative to access the Represented’s shared calendar.
Each User Account is personal. Sharing login credentials for accessing the Service with third parties is strictly prohibited.
In case of loss, theft, or unauthorized use of login credentials, keys, or tokens, you agree to notify Inria without delay at the following address: cert@inria.fr.
The Service is subject to Inria’s Internal Rules and IT Charter.
6. Customization of User Accounts
Users can provide or view the following information in their profile:
• Profile details: Name, Surname, Email Address.
• To upload content, such as photos or videos, Users must authorize Inria to access their camera or photo/video gallery.
Users must ensure that no prohibited or sensitive Content, as defined in Article 10, is included in the fields they populate.
7. Role of Administrators
The Administrator manages User requests (e.g., for corrections, assistance).
The Administrator is authorized to block or delete User access in accordance with these Terms, as well as Inria’s applicable rules and decisions.
8. Role of Users
Legal Representatives and Accompanists have the following rights:
• Create a Legal Representative or Accompanist account and configure it.
• Enter personal information about the Represented individual.
• (Upcoming feature) Create a profile with personal data of the Represented (e.g., first name, images), allowing them to use the application for communication and organization by selecting their profile.
• In the agenda, create events involving the Represented, potentially including pictograms and health data (e.g., doctor’s name). Sensitive or high-risk data (e.g., social security number) will be blocked at the event creation form level.
• Add useful pictograms or images to facilitate communication and organization with the Represented.
Legal Representatives can view which Accompanists have access to the Represented’s shared calendar via an interface. They can access the Accompanist’s email address and revoke access in cases of Article 10 violations or if the Accompanist lacked prior authorization from the Legal Representative.
Represented Users have the following rights:
• Access existing pictograms or images within the application for communication and organization.
9. Service Availability and Accessibility
The Service is provided “as is,” and Inria disclaims all warranties, express or implied, including, but not limited to, warranties of fitness for a particular purpose, merchantability, and non-infringement.
Inria does not guarantee that the Service will be error-free, bug-free, or continuously available without interruption.
The Service may be suspended at any time.
10. Responsibilities
Inria cannot review all Content. By operating the Service, Inria does not represent or imply that it endorses the Content made available, nor does it guarantee its accuracy, usefulness, or safety. Users are encouraged to take necessary precautions to protect their systems from viruses, malware, and other harmful elements.
As a User, you are solely responsible for all activities conducted on your Account. You are also responsible for maintaining the security of your Account, including protecting your password.
The Service is a collaborative and respectful space. Users agree to interact with one another following principles of respect, kindness, and attentiveness.
Prohibited Content includes, but is not limited to:
• False, misleading, defamatory, or deceptive information.
• Content that is discriminatory, violent, harmful, harassing, or offensive.
• Illegal or contrary to public order and national security.
• Content infringing privacy, intellectual property rights, or other third-party rights.
• Content containing malware, viruses, or harmful code.
Inria reserves the right to remove any Prohibited Content without prior notice.
Users can report Prohibited Content to Inria at: cert@inria.fr.
11. Third-Party Services
The terms and policies of Third-Party Service providers apply. If you use a Third-Party Service, its data processing will be governed by its privacy policy.
Third-Party Services may not always function correctly with the Service provided by Inria. Inria is not responsible for resolving issues caused by Third-Party Services.
If Third-Party Services are found to violate these Terms, Inria may suspend, disable, or remove such Services.
12. Suspension and Revocation of User Accounts
Inria may suspend or revoke your access to the Service at any time, especially if you violate these Terms or the Service usage guidelines.
Non-compliance with the Agreement may lead to temporary suspension or permanent deletion of your Account.
You can stop using the Service at any time and request the deletion of your Account.
To maintain historical consistency, the Content associated with the User’s Account may be retained by Inria even after the Account is deleted. However, former Users can request the deletion of their Personal Data by contacting: dpo@inria.fr.
13. Intellectual Property
13.1. Rights to Use the Service
Inria holds intellectual property rights over the software or has authorization from rights holders to grant such rights to Users.
Inria grants Users a free, non-exclusive, personal, non-transferable, non-assignable, and non-sublicensable license to access and use the Service for the duration of their Account, subject to these Terms and the applicable agreement for using the Agenda CAA application.
Users are prohibited from any use or exploitation of the Service beyond the scope defined in this license or in violation of these Terms.
“Inria” is a registered trademark. Users are not granted any rights or licenses to reproduce, modify, or use Inria trademarks, logos, or those of third parties appearing on the Service.
13.2. Rights to Content
Inria, subject to third-party rights, retains all intellectual property rights to the Content on the Service.
Inria grants Users a non-exclusive, personal, non-transferable, non-sublicensable, and revocable license to access and use the Service and Content, subject to third-party rights, as described by Inria.
These Terms do not transfer any intellectual property rights from Inria to Users. Users are required to maintain confidentiality regarding intellectual property unless explicitly agreed upon by Inria.
For Content not owned by Inria, Users warrant that they hold the necessary rights for any Content disclosed on the Service.
14. Duration of the Agreement
The Agreement becomes effective when the User accepts these Terms upon Account creation and terminates upon deletion or closure of their Account.
Articles 3, 9, 10, 12, 13, 14, and 15 remain applicable even after termination of the Agreement.
Inria may suspend or delete a User Account, resulting in temporary suspension or permanent termination of the Agreement. Inria may notify the User of the reason for suspension or termination and, where applicable, the duration of the suspension.
If the Service is suspended or terminated for any reason, the User will lose access, either temporarily or permanently, depending on the case.
Inria reserves the right to cease operating the Service at any time without liability.
15. Governing Law and Dispute Resolution
These Terms are governed by French law.
In the event of disputes concerning their interpretation or execution, Users and Inria agree to seek an amicable resolution. If no resolution is reached, the courts of Paris, France, will have jurisdiction.