Terms and Conditions for German users
Living Actor is a company “Société par Actions Simplifiée” registered to Paris, France with the number B424390151 and represented by Cantoche USA Inc. in the USA Living Actor offers online virtual assistant creation (the Service) including the access to the Living Actor™ Assistant software, a collection of Avatars, and the server computation. Access to the Service is available from the domain www.livingactor.com/Assistant («the Site» or «the Website»).
These terms of service (‘Terms of Service’) constitute legal agreement (‘the Agreement’) between you, the user (‘the User’) and Cantoche. Terms of Service contain the legal terms and conditions provided to you by the Site and are a binding agreement, just as if you had signed the agreement.
The Service and the Site are for a Professional Use and only for this purpose. You cannot subscribe to an account for other type of use.
You must establish an account (the ‘Account’) with us to use the Service, except for those portions of the Website to which Cantoche allows access without registration. When you register as a User, Cantoche will provide you with a login (identification) and a password. Cantoche will use them for the Service needs and only for this purpose.
You are solely responsible for the activities that occur on your account and for maintaining the confidentiality of your account and password and for restricting access to your computer.
Charges, billing, the free trial and free membership
Payment by Credit Card
You must use a credit card or an approved payment method to pay for your subscription. When you provide credit card information or other payment method information to Cantoche, you represent and warrant that you are the authorized user of the credit card that is used to pay the subscription or other charges or fees. Your subscription will not automatically renew.
Charges to Your Credit Card
Your subscription fees are payable in advance and are not refundable in whole or in part. If your use of the Service is subject to use or sales tax, then Cantoche may also charge you for any such taxes, in addition to the subscription or other fees.
Free Periods to Subscriptions
We may offer a period of free access to the Service. You are always responsible for any Internet service provider, telephone, and other connection fees that you may incur when using the Service, even when we offer a free period to a subscription.
Proprietary Rights on Contents
Site Content. All content on the Site and available through the Service, including designs, text, pictures, video, information, software, sound and other files, and their selection and arrangement (hereafter referred to as the ‘Site Content’), are the proprietary property of Cantoche, its users or its licensors with all rights reserved.
You acknowledge that by using the Service you may have access to Site Content;
You acknowledge that Cantoche and other Content Providers have rights in their respective Content under copyright and other applicable laws and treaty provisions, and that except as described in these Terms of Service, such rights are not licensed or otherwise transferred by mere use of the Service. You accept full responsibility and liability for your use of any Site Content in violation of any such rights.
Site Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Cantoche’s prior written permission, except that the foregoing does not apply to your own User Content (as defined below) that you legally post on the Site. Provided you are eligible for use of the Site, you are granted a limited license to access and use the Site and the Site Content and to download or print a copy of any portion of the Site Content provided that you keep all copyright or other proprietary notices intact.
Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of Cantoche, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Service shall be construed as conferring any license to intellectual property rights, whether by estoppels, implication or otherwise. This license is revocable at any time without notice and with or without cause and does not include use of any data mining, robots or similar data gathering or extraction methods.
User Content. You are solely responsible for the photos, messages, sound files, and other content that you upload and then publish as an virtual assistant (hereafter referred to as ‘User Content’). You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post on the Site or provide to Cantoche.
In connection with the User Content, you affirm, represent and warrant that you own or have the necessary licenses, rights, consents and permissions to use and authorize Cantoche to use all copyright or other proprietary rights in and to any and all User Content to enable use to generate virtual assistant files such as explained in the Terms of Service. When you post User Content to the Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the creation of the virtual assistant files. For clarity, Cantoche does not assert any ownership over your User Content; rather, as between us and you, subject to the rights granted to us in these Terms of Service, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content.
In connection with User Content, you further agree that you will not (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Cantoche all of the licensed rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Cantoche or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
Cantoche expressly disclaims any and all liability infringing activities and infringement of intellectual property rights on the Site,
Technologies, Services, Materials and Downloads
Technologies and Services. Cantoche has designed the Service to be experienced only as provided by Cantoche at the Websites or partner websites. Cantoche is not responsible for any aspect of the Service that is accessed or experienced using software or other means that are not provided by Cantoche. You agree not to create or provide any server emulators or other software or other means that provide access to or use of the Servers without the express written authorization of Cantoche. Cantoche is not obligated to allow access to the Servers by any software that is not provided by Cantoche and you agree to cease using, creating, distributing or providing any such software at the request of Cantoche.
You may not charge any third party for using Cantoche’s software to access and/or use the Service, and you may not modify, adapt, reverse engineer (except as otherwise permitted by applicable law), decompile or attempt to discover the source code of the Cantoche software, or create any derivative works of the Cantoche software or the Service, or otherwise use the Cantoche software except as expressly provided in this Agreement. You may not copy or distribute any of the written materials associated with the Service.
Materials. All information, product information (e.g. specifications, datasheets, performance reports, case studies etc), software (e.g. service packs), documentation, content (except for User Content) and/or material posted on the Site or available through it (collectively, the ‘Materials’) are the property of Cantoche or its licensors, which retain all rights, title and interests in and to such Materials and all intellectual property rights relating thereto, including without limitations all copyright, patent, trademarks, logos, design rights and any other proprietary rights.
Without limiting any of the foregoing or hereunder, the Service or any of its licensors or affiliates products, technology and processes referred to or posted on the Site may be covered by one or more patents and/or are subject to other trade secret and/or any other proprietary rights. No transfer or grant of any rights under any such patents is made or is to be implied by any provision of these Terms of Service or by any other provision contained in the Site, and Cantoche and/or its licensors and/or affiliates reserves all such rights.
Living Actor™ is a trademark of Cantoche. Cantoche’s trademarks may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Cantoche.
THE SITE AND THE CONTENT ARE PROVIDED ON AN ‘AS-IS’ and ‘AS AVAILABLE’ BASIS AND YOU USE THIS SITE AT YOUR OWN RISK.
Cantoche makes no warranties or representations about the accuracy or completeness of this site’s content or the content of any sites linked to this site and assumes no liability or responsibility for any errors, mistakes or inaccuracies of content.
When using the Site, information will be transmitted over a medium that is beyond the control and jurisdiction of Cantoche. Accordingly, Cantoche ASSUMES NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH USE OF THE SITE. Cantoche MAKES NO WARRANTY OR REPRESENTATION THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED.
Cantoche DISCLAIMS ALL LIABILITY FOR ANY COMPUTER VIRUSES, WORMS OR OTHER DISABLING COMPUTER CODE THAT MAY BE LOADED INTO USER’S COMPUTER WHEN USERS DOWNLOAD DOCUMENTS FROM THIS SITE. You are strongly advised to obtain and use appropriate anti-virus and security software.
TO THE FULLEST EXTENT PERMITTED BY LAW, Cantoche DISCLAIMS ALL WARRANTIES, EITHER EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR THIRD PARTIES’ RIGHTS AND FITNESS FOR PARTICULAR PURPOSE AND Cantoche MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE SITE.
You specifically agree that Cantoche shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the Site. You specifically agree Cantoche is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another’s rights, including intellectual property rights. You specifically agree that Cantoche is not responsible for any content sent using and/or included in the Site by any third party.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, NONE OF Cantoche OR ANY THIRD PARTIES MENTIONED ON THE SITE ARE NOR WILL THEY BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE (OR INABILITY TO USE) THE SITE, THE CONTENT, THE INFORMATION ON OR AVAILABLE THROUGH THIS SITE, OR ARISING OUT OF ANY INFORMATION AVAILABLE ON THE SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Cantoche IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY WAIVE ANY AND ALL CLAIM AGAINST Cantoche, AND ITS AFFILIATES, AGENTS, REPRESENTATIVES AND LICENSORS ARISING OUT OF YOUR USE OF THE SITE AND THE INFORMATION AVAILABLE ON IT.
Modification or Interruption of Service
Cantoche reserves the right at any time to modify, interrupt or discontinue the Service with or without notice for any reason or no reason. You agree that Cantoche will not be liable for any modification, interruption or suspension of the Service. We will not reimburse any Subscription or other fee based if there is an interruption of Service. We reserve the right, at any time and at our sole discretion, to change, modify, add, or delete portions of these Terms of Service or the policies regarding the use of our Website at any time and to notify you by posting an updated version of the Terms of Service on this Website. Your continued use of the Service or the Site after any such changes shall constitute your acceptance of the new Terms of Service. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Service and to review such changes.
This Agreement is subjected by the French law. All the litigation relating to their interpretation and/or their execution are subjected to the exclusive competence of Tribunal de Commerce de Paris.