General Terms of Use
ARTICLE 1: Scope of Application
These General Terms of Use (GTU) set out the terms and conditions of subscription and use of the Website eduMedia.com. By purchasing a subscription and using eduMedia Website in accordance with the terms set out below, you expressly and unconditionally agree to these GTU.
ARTICLE 2: Definitions
In this contract, the following terms shall have the following meaning:
- eduMedia: an online service aimed at giving net surfers access to a database of pedagogical resources related to science learning
- The Website: the Website www.edumedia-sciences.com
- Subscriber: an individual or organization (school, library, etc.) purchasing a subscription allowing Users to use the Website
- User: any person using eduMedia online service
- Subscription: the contract between Subscriber and eduMedia that governs the use of the Website
eduMedia offers four types of subscription:
- School subscription: an annual or multiyear subscription purchased by a school or educational institution that allows Users to access and consult all content of the Website, as well as to download interactive simulations according to the conditions stated in the School license
- Library subscription: an annual or multiyear subscription purchased by a library or media center that allows Users to access and consult all content of the Website according to the conditions stated in the Library License
- Home subscription: a monthly or multimonth subscription purchased by an individual (physical) User over 18 years old for a home/private use that allows User to access all Website content according to the conditions stated in the Home license
- On-demand download: a 12-month subscription purchased by an individual (physical person) that allows the download of a selection of simulations for educational and non-commercial purposes, according to the conditions stated in the On-demand download license
ARTICLE 3: Conditions of Use of eduMedia Online Services
eduMedia Website is best viewed and used with a high-speed Internet connection. Minimal configuration of User’s computer includes a web browser equipped with a Flash 9 Player plug-in, as well as a valid subscription with an Internet service provider.
Subscription period begins once Subscriber filled in and sent the purchase order form, then paid the entire due amount. Upon reception of payment, Subscriber immediately receives a confirmation of subscription and personal login information (login name and password) by email. This information is strictly confidential. Subscriber is responsible to keep it and commits not to disclose it. Access to eduMedia Website requires this login information.
ARTICLE 4: Payment Method and Beginning of Subscription Period
Subscription period takes effect from the date of reception of full payment in the case of payments by check or bank wire transfer, or of full payment confirmation in the case of credit card payments. Payment methods available to Subscribers can differ according to subscription options. The final selling price of the subscription is the one written on the online subscription form. Prices are subject to change without notice. Subscriber receives a notification by email upon reception of full payment or full payment confirmation.
ARTICLE 5: Subscriber and User Obligations
Website content (simulations, videos, student sheets, interactive exercises, graphics, visual elements, etc.) and all software necessary to its use are protected by international intellectual property rights treaties and international standards. Website content is the exclusive property of eduMedia, unless otherwise stated.
Content is only accessible upon paying subscription rights for pedagogical and educational purposes, in accordance with the conditions stated in the User licenses.
Subscribers and Users are allowed to view and consult the Website for the purposes stated above. They are not authorized to:
- diffuse Website content by any means other than the "embed" link provided for each simulation
- download content in any way other than those authorized by eduMedia and, more generally, to reproduce and save/record it on any medium by any means
- to exploit and/or use all, or parts of, Website content for purposes other than those authorized and stated in Users Licenses
Any use of Website content (or its components) contrary to User Licenses or GTU will be punished by civil and criminal law.
Any infringement by Users or Subscribers to any clause of this contract will result in temporary account suspension and/or immediate subscription termination without refund. Any unpaid amount will remain due and subject to penalty interest rate.
ARTICLE 6: Limitation of Liability
eduMedia is responsible for maintaining Website and make sure that its servers work properly at all times – except for short maintenance periods – and allow Users to access all Website content. eduMedia cannot be liable to Subscriber for any loss or damage resulting from high Internet traffic, or from defect, incompatibility or inadequacy of Subscriber’s or User’s Internet connection, software programs or equipment. It is the sole responsibility of Subscribers to ensure that security services and mechanisms (filters, firewall, etc.) installed on their computer systems do not prevent Users from accessing and using the Website.
eduMedia takes all reasonable steps to ensure that the information presented on www.eduMedia-sciences.com is accurate and up-to-date. eduMedia may correct or modify any information without notice. However, eduMedia cannot guarantee a total accuracy of the content.
Therefore, eduMedia shall not liable for:
- service interruption, bugs, or any other event making the Website unusable or temporarily unavailable
- any omitted or inaccurate information on the Website
- any loss or damage Subscribers and Users suffer as a result of visiting this Website or making use of the information available on the Website
ARTICLE 7: Force majeure
Neither eduMedia nor the Subscriber shall be liable for breach of, or delay in fulfilling, the obligations deriving from this Contract in the event of a case of force majeure such as is normally defined by French law and jurisprudence.
ARTICLE 8: Access to Personal Data
In accordance with the 1978 French Law pertaining to information technology, computer files and freedom (CNIL), Subscribers are entitled to request access to and to modify personal data. Should they wish to exercise this right, they must write to eduMedia, 41 rue Borie, 33300 Bordeaux, France, or contact eduMedia through the contact form.
ARTICLE 9: Modifications to GTU
Changes to the Website might require changes to the current GTU. Subscribers and Users are invited to read the GTU from time to time. Their continued access to or use of the Website equals acceptance of any changes to the GTU contract and Website.
ARTICLE 10: Contact Information
Any notice or correspondence must be mailed to the following address:
eduMedia – 41 rue Borie 33300 Bordeaux – FRANCE
or sent electronically using our contact form.
ARTICLE 11: Jurisdiction and Applicable Law
French law applies to all contractual provisions of Users Licenses and this GTU contract. Actions or proceedings that may be instituted by any party shall be initiated exclusively before the competent courts of Bordeaux, in France.
ARTICLE 12: Acceptance of GTU
You acknowledge that you have read and agree to be bound by the terms and conditions of this GTU contract.