TERMS OF USE MASTERCOURSES

General terms

These Terms of Use (hereinafter the "TOU") constitute a legal agreement between MasterCourses, the provider of the MasterCourses Data Service, and you, the user of the aforesaid Service.

These TOU govern your access to and use of the MasterCourses Data Service, which are made available and provided by MasterCourses pursuant to the licence that MasterCourses is granting you and is also subject to these TOU.

By accessing and using the MasterCourses Data Service, you agree without any reservation each of the terms and conditions composing these TOU and are consenting to be bound by these TOU.

These TOU apply to you even if you have entered into a separate written service agreement with MasterCourses governing your use of the MasterCourses Data Service. In case of contradiction between the terms and conditions composing these TOU and the terms and conditions stipulated in the aforesaid agreement, then the special terms and conditions of that separate agreement will prevail over the terms and conditions composing these TOU.

No communication of any kind whatsoever, no exchange of information, exchanged words, details and/or advice, whether oral or written, obtained by you from MasterCourses and/or through or from the MasterCourses Data Service can modify these TOU.

Definitions

The term "MasterCourses Data Service" refers to all of the Data access services provided by MasterCourses and broken down as follows:

The term “Data” refers to any file (text, csv, JSON, XML, etc.), zipped folder, computer and/or program code, as well as the related documentation, provided to you by MasterCourses as part of the MasterCourses Data Service.

The term “Resources” refers to all content and items included with or as part of the MasterCourses Data Service.

User rights and limitations

MasterCourses can require – and reserves the right to require – that prior to your incorporation of the MasterCourses Data Service into your own service, you provide MasterCourses with concrete examples of your proposed use of the MasterCourses Data Service and its content for MasterCourses's prior and discretionary authorization.

As soon as you access to the MasterCourses Data Service as per the identification procedure and per each specific data access service outlined hereinabove, you are liable for your use of the aforesaid Data access service(s) and its content.

Pursuant to the licence MasterCourses granted to you, you are allowed to cache Data and/or others Resources made available by MasterCourses and which are necessary to your use of the MasterCourses Data Service as agreed with what have been fixed with MasterCourses.

By definition, system caching must be temporary and can't, by express agreement, exceed twenty four (24) hours starting when a copy of the Data and/or others Resources is executed for caching on your server(s) and/or on any material. You may not then download and/or store on any material the aforesaid Data and/or others Resources in a definitive way.

In addition, you are not allowed to:

The licence MasterCourses granted to you is by no means a way to acquire any proprietary right neither on Data and others Resources made available via the MasterCourses Data Service nor on the related documentation, the techniques associated with such Data, and more globally on the know-hows developed by MasterCourses.

Moreover, MasterCourses warns you on the fact that certain Data and others Resources made available via the MasterCourses Data Service (as the « url image » and « category » Data) may have been protected by intellectual property rights. You must therefore pay a full particular attention to the specific way you will be using that Data, MasterCourses absolving itself of liabilities in case of complaint or other request coming from rights' owner(s) and/or its(their) representative(s).

Updates

MasterCourses commits to dedicating the best care to the freshness of the Data made available via the MasterCourses Data Service by updating the aforesaid Data at least every seventy four (72) hours.

MasterCourses may update and/or revise the MasterCourses Data Service at any time and these updates and/or revisions may affect the way in which you access and/or communicate with the aforementioned Service.

You will be responsible for making at your own expense any change to your own service that are required as a result of the MasterCourses's updates and/or revisions of the MasterCourses Data Service.

MasterCourses will make its best efforts to notify you of any update and/or revision of the MasterCourses Data Service that would not be not backward compatible and/or would remove significant functionality by sending to you a thirty (30) days’ advance electronic mail, unless circumstances require MasterCourses to make an immediate change, in which case MasterCourses will notify you as quickly as possible.

MasterCourses may also update and/or revise at any time these TOU. MasterCourses will notify you of any major update and/or revision of these TOU along with the date of their entry into force by sending to you an electronic mail at best thirty (30) days in advance. As of the date of entry into force of the new TOU, accessing and using the MasterCourses Data Service will be taken to be confirmation that you have previously read and understood these new TOU and that you fully agree to them.

Fees

The free version of the MasterCourses Data Service is intended only for personal and not-for-profit use. You are not allowed to use the free version of the MasterCourses Data Service in a commercial or business application without the express prior written authorization of MasterCourses.

As a counterpart of the utilisation of the MasterCourses Data Service for commercial purposes, MasterCourses charges one or several fee(s) which are revisable at any time. By selecting one or several Data access service(s), you agree to pay the applicable fee(s) for the access and use of the aforesaid Data access service(s) and any related content.

MasterCourses will charge your account the monthly fee applicable for the Data access service(s) you have selected and will then charge your account on a monthly subscription basis for the aforesaid Data access service(s) until the termination of the aforesaid subscription under the conditions explained hereinafter.

Technical risks

The MasterCourses Data Service includes data that are crawling of source websites, i.e. MasterCourses extracts structured Data from semi-structured Data that are present on the aforesaid source websites product pages.

The aforesaid semi-structured Data are not always tolerant and are susceptible to following technical risks, this list not being exhaustive:

Such complications may result in MasterCourses being unable to actualize and/or deliver Data within the expected timeframe, even to provide part or all of the MasterCourses Data Service.

If such technical risks were to materialize, MasterCourses commits to:

Termination or cancellation

You can terminate the MasterCourses Data Service at any time by ceasing your access to the aforesaid Service and/or your use of the aforesaid Service and/or its content.

To do so, in order to avoid to be charged the fee(s) applicable for the next month and since MasterCourses does not agree to execute any partial month use refund(s), you must terminate your monthly subscription to the selected Data access service(s) before it is renewed for a new month.

Furthermore, in case of non-compliance with these TOU, MasterCourses may reserve the right to suspend your access to the MasterCourses Data Service and/or use of the aforesaid Service without prior notice. In case of serious and/or irremediable breach of these TOU, MasterCourses may also cancel the licence granted to you after having sent an unheeded electronic formal notice to comply. MasterCourses will not be liable for any costs, expenses and/or damages as a result of the aforesaid suspension or cancellation.

As soon as the termination of MasterCourses Data Service, regardless of the reason, you are required to imperatively delete any cached Data and/or others Resources made available via the MasterCourses Data Service, and this applies from the day of the effective end of the supplying of the aforesaid Service.

Limitation of liability

By express agreement, MasterCourses shall not be held liable in any way whatsoever if the non-execution or poor execution of the service(s) provided via the MasterCourses Data Service is caused by an event of force majeure and/or attributable to any third party and/or attributable to you.

As a matter of fact, as you are liable for the way you use the MasterCourses Data Service as soon as you access to the aforesaid Service, any data and/or information uploaded/downloaded and/or obtained in any way whatsoever via the access and/or the use of the aforesaid Service is done at your own risk and loss. You will therefore be solely responsible for any damage to your systems, networks, equipment and/or accounts, and/or for any loss of data, file, computer and/or program code and/or documentation that results from the aforementioned operations.

The MasterCourses Data Service being a service based on computer science and new technologies, MasterCourses can only be subject to a general reinforced obligation of means. At that point, you expressly acknowledge that MasterCourses makes no warranty that the MasterCourses Data Service will be accessible and continuously usable without any possible interruption and will be error and/or security breach exempt.

In any case, MasterCourses shall not be held liable for compensation of any indirect and/or non-material damage including, without limitation, operating loss, loss of productivity, loss of time, loss of profits, loss of investments, loss of business, loss of brand image, even if MasterCourses has previously been informed of such losses.

Assuming that MasterCourses' liability would be judicially retained, the damages and interest charged to MasterCourses will be, by express agreement, limited to the equivalent of the total applicable fee(s) paid by you as counterpart of your access and use of MasterCourses Data Service and all related content and depending on the Data access service(s) you have selected.

Applicable law and dispute resolution

These TOU are subject to French law.

Any dispute regarding the interpretation and/or the execution of these TOU shall be prior subject to an amicable settlement and, if the first attempt fails, shall be submitted to the exclusive jurisdiction of the competent courts of Paris.



Last update: May, 31th 2016