Feb 16, 2009

Note! You are concluding a Legally Binding Agreement.

By accessing, viewing, downloading or otherwise using Expernova or any webpage or feature available through Expernova, any information provided as part of the Expernova services, or any related emails, newsletters or services (hereinafter collectively “Expernova” or the “Services”), or by clicking “Sign up” during the registration process, you conclude a legally binding agreement with Expernova, Cap Oméga, rond point Benjamin Franklin, 34 960 Montpellier cedex 01, France (“we”) based on the terms of Expernova User Agreement (“Agreement”) in the French version. The only valid “agreement” is the French one “conditions générales d’utilisation”. If you are using Expernova on behalf of a company or other legal entity, such entity may have a separate agreement with us, but you are nevertheless individually bound by this Agreement. If you do not want to conclude the Agreement, do NOT click “Sign up” and do not access, view, download or otherwise use any Expernova webpage, information or services.

• Your Obligations — What You Must Do

Comply with laws and the Agreement: You must comply with all applicable laws, the Agreement, as may be amended, and the following terms, which are incorporated into this Agreement:

• DOs and DON’Ts
• Notice and Take-Down Procedure Terms for Complaints re. Copyright Infringement and Content
• Other Notices

License and warrant your submissions: You do not have to submit anything to us, but if you choose to submit something (including any user generated content, ideas, concepts, techniques and data), you must grant, and you actually grant by concluding the Agreement, a non-exclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicenseable, fully paid up and royalty-free right to us to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, and use and commercialize, in any way now known or in the future discovered, anything that you submit to us, without any further consent, notice and/or compensation to you or any third parties. By submitting any information to us, you represent and warrant that such submission is accurate to your best knowledge, not confidential, and not in violation of any contractual restrictions or other third party rights. Expernova exercises no control over any content you or others submit when using Expernova.

Service Eligibility. You represent and warrant that you (a) are not under the age of 18 (and if a resident of Alabama or Nebraska, not under the age of 19 and if a resident of Mississippi, not under the age of 21); (b) have not previously been suspended or removed from Expernova; (c) are not a direct competitor of Expernova; (d) do not have more than one Expernova account at any given time; and (e) that you have full power and authority to enter into this Agreement and in doing so will not violate any other agreement to which you are a party. In addition, you must provide all equipment and software necessary to connect to Expernova, including, but not limited to, if the Service contains a mobile element, a mobile hand set or other mobile access device that is in working order and suitable for use in connection with the Service and to use any part of the Service.

Keep your password secure: Keep your password confidential, do not use other users’ accounts and do not let others use your account; you are responsible for anything that happens through your account — until you notify us of a breach (contact@expernova.com), close down your account or prove that your account security was compromised due to a fault of our systems. You are prohibited from selling, trading or otherwise transferring your Expernova account or any information therein to another party or charging anyone for access to any portion of Expernova, or any information therein.

Indemnify us: You have to indemnify us and hold us harmless from any damages, losses and costs (including, but not limited to, reasonable attorneys’ fees) related to third party claims, charges or investigations, caused by (a) your failure to comply with this Agreement, including, without limitation, your submission of content that violates third party rights or applicable laws, (b) any content you submit to Expernova or (c) any activity in which you engage on or through the Expernova.

Pay: If you subscribe to any services that we offer for a charge, you will pay the applicable fees (including, without limitation, monthly fees for premium accounts) as they become due plus all related taxes and reimburse us for any collection costs and interest for any overdue amounts.

Notify us of acts contrary to the Agreement: If you believe that you are entitled or obligated to act contrary to this Agreement under any mandatory laws, you agree to provide us with detailed, 30 days prior written notice before you act contrary to this Agreement, to allow us to assess whether we may, at our sole discretion, provide an alternative remedy for the situation.

Premium Services and Mobile Services: If you have access to any Expernova’s Premium Services, this User Agreement applies to your use of such services. Certain parts of the Service may be available via your mobile phone (“Mobile Services”) and in using Mobile Services you agree that we may communicate with you regarding the Service by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In addition, the Service may cause icons and data to be displayed on and through your mobile device, which data may be updated on a periodic basis by connecting to and transferring data from servers through the Internet and/or communication systems to provide content updates and to populate your mobile device with new information. By using Mobile Services, you hereby explicitly agree to the foregoing service functionality. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Expernova account information to ensure that your messages are not sent to the person that acquires your old number. Use of the Mobile Services may result in charges imposed by your wireless provider and you will be responsible for such charges. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you should check with your carrier to find out if the Mobile Services are available for your mobile devices, and what restrictions, if any, may be applicable to your use of such Mobile Services.

Forums/Blogs/Chat Rooms: Expernova may include various forums, blogs and chat rooms where you can post your observations and comments on designated topics. Expernova cannot guarantee that other members will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, do not post it on the Service. EXPERNOVA AND THE EXPERNOVA AFFILIATES ARE NOT RESPONSIBLE FOR A MEMBER’S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST IN ANY FORUMS, BLOGS AND CHAT ROOMS.

• Your Rights — What You May Do

On the condition that you comply with all your obligations under the Agreement, we grant you a limited, revocable, non-exclusive, non-assignable, non-sublicenseable right to access, through a generally available web browser (but not any scraping, spidering, crawling or other technology or specialist software used to harvest data) to view information that we provide on Expernova webpages as we intend such information to be used, and only in accordance with the Agreement and any specific terms of use that we make available to you. You may submit information to us at your own risk of loss per Sections 1, 4 and 8 hereof. We grant you no other rights, implied or otherwise.

Expernova may enable third-party developers ("Platform Developers") to create websites and applications that retrieve data made available by Expernova and its users and/or that retrieve authorized data from third-party sites for use through the Service ("Platform Applications"). Platform Developers may create Platform Applications only in accordance with the terms and conditions set forth in an agreement entered into between Expernova and the Platform Developer ("Developer Terms"). Expernova may from time to time enter into separate agreements with certain third party Platform Developers that contain different or additional terms, provided however, that each such separate agreement will require the third party Platform Developer to only display your information if you install the Platform Application. The Developer Terms are subject to change without prior notice at any time, in Expernova’s sole discretion, so you should review these documents from time to time.
Users who install Platform Applications must agree to the terms and conditions set forth in the Platform Application Terms of Use ("Application User Terms") and in this User Agreement. The Application User Terms are subject to change without prior notice at any time, in Expernova’s sole discretion, so you should review these terms each time you install an application and from time to time. Platform Developers may require you to agree to their own terms of service, privacy policies and/or other policies as a condition of using Platform Applications. While Expernova endeavors to work only with trusted Platform Developers, the Platform Applications may not have been reviewed or approved by Expernova or the Expernova Affiliates and Expernova does not endorse any of the Platform Developers or the Platform Applications. Accordingly, Expernova is not responsible for your use of or inability to use any Platform Applications, including the content, accuracy, or reliability of such applications and the privacy practices or other policies of Platform Developers. YOUR USE OF SUCH PLATFORM APPLICATIONS IS AT YOUR OWN RISK. If you, your connections or members of your network use any Platform Applications, such Platform Applications may access and share certain information about you with others. Platform Developers are required to agree to restrictions on access, storage and use of such information. However, while we have undertaken contractual and technical steps to restrict possible misuse of such information by such Platform Developers, we may not screen or approve Platform Developers, and we cannot and do not guarantee that all Platform Developers will abide by such restrictions and agreements. Certain actions you take through the Platform Applications may be displayed to your connections in your profile. To report any suspected misuse of information contact contact@expernova.com.

• Our Rights and Obligations — What We Must And May Do

The purpose of Expernova is to provide a service to facilitate professional networking among users throughout the world. It is intended that users only connect to other users who they currently know and seek to further develop a professional relationship with those users.
For as long as Expernova continues to offer services, Expernova shall provide (and seek to update, improve and expand, in similar and different new ways) the Expernova platform and service with the purpose of providing all members with professional networking connectivity, through Expernova’s proprietary tools, rules and protocols which Expernova may update, improve, discontinue and change at any time, at Expernova’s sole discretion.
Any other use of Expernova (such as seeking to connect to someone a user does not know or to use Expernova as a means of generating revenue through the sale of contacts or information to others) is strictly prohibited and a violation of this Agreement.

We allow you to access Expernova as it may exist and be available on any given day. We have no other obligations, except as expressly stated in this Agreement. We may modify, replace, refuse access to, suspend or discontinue Expernova, partially or entirely, or to charge and modify prices for Expernova. We reserve all rights not expressly granted herein, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in Expernova and all related items.

Expernova reserves the right to withhold, remove and or discard any content available as part of your account, with or without notice. For avoidance of doubt, Expernova has no obligation to store, maintain or provide you a copy of any content that you or other users provide when using the Services.

Expernova may include or automatically produce links to third party web sites (“Third Party Sites”). Expernova is not responsible for and does not endorse any advertising, products or other materials on or available from such web sites or resources. Expernova may also include articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content"). If you decide to leave Expernova and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from Expernova or relating to any applications you use or install from the site.

You acknowledge and agree that we may send you important information and notices regarding the Service by email or through other means, including mobile or other hand held devices. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Service. You acknowledge, consent and agree that we may access, preserve, and disclose your registration and any other information you provide if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims of a violation of the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Expernova, the Expernova Affiliates, its users and the public.
Expernova may limit the number of connections you may have to other users and prohibit you from contacting other users through use of the Services.

You are solely responsible for your interactions with other members. Expernova reserves the right, but has no obligation, to monitor disputes between you and other members and to terminate your account if Expernova determines, in its sole discretion, that doing so is prudent.

• Disclaimer

SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
DO NOT RELY ON EXPERNOVA, ANY INFORMATION THEREIN, OR ITS CONTINUATION. WE PROVIDE THE PLATFORM FOR EXPERNOVA AND ALL INFORMATION AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. IF YOU ARE DISSATISFIED OR HARMED BY EXPERNOVA OR ANYTHING RELATED TO EXPERNOVA, YOU MAY LEAVE EXPERNOVA AND TERMINATE THE AGREEMENT IN ACCORDANCE WITH SECTION 6 HEREOF AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY.
EXPERNOVA IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES (SUCH AS INMAILS, POSTING OF ANSWERS OR TRANSMISSION OF ANY OTHER USER GENERATED CONTENT) SENT THROUGH EXPERNOVA TO ANYONE. IN ADDITION, WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE SERVICE WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON THE WEBSITE MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED TO US SUCH MATERIAL, SERVICE, OR TECHNOLOGY.

• Limitation of Liability

SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
Neither Expernova nor any of its subsidiaries, affiliated companies, employees, shareholders, or directors (“Expernova Affiliates”) shall be liable for (1) any damages in Excess of 5 times the most recent monthly fee that you paid for a premium account, if any, or $100, whichever amount is greater, or (2) any special, incidental, indirect, punitive or consequential damages or loss of use, profit, revenue or data to you or any third person arising from your use of the Service, any platform applications or any of the content or other materials on, accessed through or downloaded from Expernova even if Expernova is aware or has been advised of the possibility of such damages. The limitation of liability set forth in the preceding sentence shall:

• apply regardless of whether you base your claim on contract, tort, statute or any other legal theory, we knew or should have known about the possibility of such damages, or the limited remedies provided herein fail of their essential purpose, and
• not apply to any damage that Expernova Affiliates cause you intentionally and knowingly in violation of this Agreement or applicable law, or as otherwise mandated by applicable law that cannot be derogated from in this agreement.

 

• Termination

You may terminate the Agreement, for any or no cause, at any time, with notice to Expernova which shall be effective upon Expernova processing such notice. Expernova may terminate the Agreement for any or no cause, at any time, with or without notice, which shall be effective immediately or as may be specified in the notice. For avoidance of doubt, your access to any Premium Services may be terminated only by Expernova or the party paying for such services. Termination of your Expernova account includes disabling your access to Expernova (including any content you submitted or others submitted) and may also bar you from any future use of Expernova.

• Consequences of Termination

Upon termination, you lose access to Expernova. The terms of this Agreement shall survive any termination, except Sections 2 and 3 hereof.

• California Law and Arbitration

Choice of Law: The Agreement and any disputes with us or any Expernova Affiliate arising out of or relating to the Agreement or Expernova (“Disputes”) shall be governed by french law, excluding conflicts of law principles and excluding the CISG.

Agreement to Arbitrate and Pay Attorneys’ Fees: Any Disputes shall be resolved by final and binding arbitration under the rules and auspices of the “Tribunal de commerce de Paris, France”, to be held in Paris, France, in French, with a written decision stating and legal reasoning issued by the arbitrator(s) at either party’s request, and with arbitration fees and reasonable attorneys’ fees of both parties to be borne by the party that ultimately loses.

Exception from Arbitration Agreement: Either party may obtain injunctive relief (preliminary or permanent) and orders to compel arbitration or enforce arbitral awards in any court of competent jurisdiction.

Refundable Fee Advances for Consumers: If you are involved in a Dispute as a consumer without any commercial interests related to the Dispute, we will agree to conduct arbitration proceedings in a major City in your State if travel to France would constitute an undue burden for you, and we will advance any arbitration fees that exceed what you would have had to pay for court proceedings (if you substantiate and represent to us in a written statement what court proceedings would have cost) provided that you shall refund such amounts if we ultimately prevail in the arbitration.

• General Terms

Severability: If any provision of the Agreement is found to be invalid or unenforceable under mandatory laws of a particular jurisdiction, such provision shall be interpreted as to give maximum effect to its intended purpose and this shall not affect the validity or enforceability of (a) such provision under the laws of any other jurisdiction, or (b) any other provision of the Agreement.

Notices: We may notify you via postings on www.expernova.com, and via email or any other communications means to contact information you provide to us. You may notify us only via email at contac@expernova.com ; any notices that you provide without compliance with this Section on Notices shall have no legal effect.

Entire Agreement: You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and us regarding the Service and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement.

Amendments to this Agreement: We reserve the right to modify, supplement or replace the terms of the Agreement, effective upon posting at www.expernova.com or notifying you otherwise. If you do not want to agree to changes to the Agreement, you can terminate the Agreement at any time per Section 7 hereof.

No informal waivers, agreements or representations: Our failure to act with respect to a breach by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the Agreement, no representations, statements, consents, waivers or other acts or omissions by any Expernova Affiliate shall be deemed legally binding on any Expernova Affiliate, unless documented in a physical writing hand signed by a duly appointed officer of Expernova.

No Injunctive Relief: In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service.

Beneficiaries: Expernova Affiliates are not parties, but intended third party beneficiaries of this Agreement, with a right to enforce the Agreement directly against you.

Assignment and Delegation: You may not assign or delegate any rights or obligations under the Agreement and any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially. We may also substitute, by way of unilateral novation, effective upon notice to you, Expernova Corporation for any third party that assumes our rights and obligations under this Agreement.

• Complaints

• Expernova User DOs & DON’Ts

As a condition to access Expernova, you agree to this User Agreement and to strictly observe the following DOs and DON’Ts:

DO

• comply with all applicable laws, including, without limitation, tax laws, export control laws and regulatory requirements;
• provide accurate information to us;
• review the Privacy Policy;
• review and comply with notices sent by Expernova concerning Expernova;

DON’T

• duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, otherwise transfer or commercially exploit Expernova (excluding content posted by you) except as permitted in the User Agreement;
• reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide Expernova, or any part thereof;
• include information in your profile or in Status Updates which reveals your identity such as an email address, phone number or address or is confidential in nature;
• utilize information, content or any data you view on and/or obtain from Expernova to provide any service that is competitive, in Expernova’s sole discretion, with Expernova;
• imply or state, directly or indirectly, that you are affiliated with or endorsed by Expernova unless you have entered in to a written agreement with Expernova Corporation (this includes representing yourself as an accredited Expernova trainer if you have not been certified by Expernova as such);
• adapt, modify or create derivative works based on Expernova or technology underlying the Services, or other users’ content, in whole or part;
• rent, lease, loan, trade, sell/re-sell access to Expernova or any information therein, or the equivalent, in whole or part;
• deep-link to the Site for any purpose, (i.e. including a link to a Expernova web page other than Expernova’s home page) unless expressly authorized in writing by Expernova or for the purpose of promoting your profile or a Group on Expernova;
• access, reload or “refresh” or make any other request to transactional servers more than once during any three second interval;
• use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages contained in the site;
• use automated methods to add contacts, send messages or other permitted activities;
• access, via automated or manual means or processes, Expernova for purposes of monitoring its availability, performance or functionality or for any competitive purpose;
• engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of Expernova’s website;
• attempt to or actually access Expernova by any means other than through the interface provided by Expernova;
• attempt to or actually override any security component included in or underlying Expernova;
• engage in any action that interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications, attempts to gain unauthorized access, or transmission or activation of computer viruses;
• remove any copyright, trademark or other proprietary rights notices contained in or on Expernova, including those of both Expernova or any of its licensors;
• remove, cover or otherwise obscure any form of advertisement included as part of Expernova;
• use any information obtained from Expernova to harass, abuse or harm another person;
• collect, use or transfer any information, including but not limited to, personally identifiable information obtained from Expernova except as expressly permitted in the User Agreement or the owner of such information may expressly permit;
• interfere with or disrupt Expernova, including but not limited to any servers or networks connected to Expernova, or disobey any requirements, procedures, policies or regulations of networks connected to the Expernova;
• invite people with whom you have no prior relationship to join your network;
• upload a cartoon, symbol, drawing or any content other than a photograph of yourself in your profile photo;
• use or attempt to use another's account without authorization from the Company, or create a false identity on Expernova;
• infringe or use Expernova’s brand, logos and/or trademarks, including, without limitation, using the word “Expernova” in any business name, email, or URL or including Expernova’s trademarks and logos on any website without authorization;
• upload, post, email, transmit or otherwise make available or initiate any content that:
• falsely states, impersonates or otherwise misrepresents your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity, past or present;
• is unlawful, libelous, abusive, obscene, discriminatory, or otherwise objectionable;
• includes telephone numbers, email addresses, street addresses or any personally identifiable information for which there is not a field provided by Expernova;
• includes information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
• infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights;
• includes any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation. This prohibition includes but is not limited to (a) using Expernova invitations to send messages to people who don’t know you or who are unlikely to recognize you as a known contact; (b) using Expernova to connect to people who don’t know you and then sending unsolicited promotional messages to those direct connections without their permission; and (c) sending messages to distribution lists, newsgroup aliases, or group aliases.
• contains software viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of Expernova or any user of Expernova;
• forges headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Services; and/or
• adds to a content field content that is not intended for such field (i.e. submitting a telephone number in the “title” or any other field).

Claims Regarding Copyright Infringement

If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide Expernova the following information:

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work that you claim has been infringed;
• A description of where the material that you claim is infringing is located on the Site;
• Your address, telephone number, and e-mail address;
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Expernova contactfor Notice of claims of copyright infringement can be reached as follows: by e-mail at contact@expernova.com or by mail at:

Expernova

Cap Oméga

Rond point Benjamin Franklin

34 960 Montpellier cedex 01

France

Upon receipt of the written notification containing the information as outlined in 1 through 6 above:

• Expernova may remove or disable access to the material that is alleged to be infringing;
• Expernova may forward the written notification to such alleged infringer; and
• Expernova may take reasonable steps to promptly notify the alleged infringer that it has removed or disabled access to the material.

Counter-Notification:
If the alleged infringer believes that a notice of copyright infringement has been wrongly filed against it and it would like to submit a counter-notification, it may file a Counter-Notification in Response to Claim of Copyright Infringement with Expernova.

To be effective, a Counter-Notification must be a written communication provided to  Expernova that includes the following information:

• A physical or electronic signature of the alleged infringer;
• Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
• A statement under penalty of perjury that the alleged infringer has a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
• The alleged infringer’s name, address, and telephone number, and a statement that the alleged infringer consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the alleged infringer’s address is outside of France, for any judicial district in which Expernova Corporation may be found, and that the alleged infringer will accept service of process from the person who provided notification or an agent of such person.

Upon receipt of a Counter-Notification containing the information as outlined in 1 through 4 above:

• Expernova may promptly provide you with a copy of the Counter-Notification;
• Expernova may inform you that it will replace the removed material or cease disabling access to it within ten (10) business days; and
• Expernova may replace the removed material or cease disabling access to the material within ten (10) to fourteen (14) business days following receipt of the Counter-Notification, provided Expernova’s Copyright Agent for Notice has not received notice from you that an action has been filed seeking a court order to restrain Subscriber from engaging in infringing activity relating to the material on Expernova’s network or system.

You may want to seek the advice of independent legal counsel before filing a notification or counter-notification.

Notice and Procedure for Making Complaints Regarding Content

To notify Expernova of Content that infringes your rights or is otherwise unlawful (“Specified Content”), you must send a notice to the Expernova Content Complaint Manager by mail or e-mail, and provide the following information:

• Your name, address, telephone number, and e-mail address;
• A description of the Specified Content that your claim either infringes your rights or is otherwise unlawful, specifying which parts of it you believe infringe your rights, or are unlawful, and which parts you believe should be removed;
• A description of the exact location of the Specified Content on the Web Site;
• (In the event you believe that the Specified Content infringes your rights): A statement specifying in detail the rights you assert, and why the Specified Content infringes them;
• (In the event you believe that the Specified Content is otherwise unlawful): A statement specifying in detail which laws you believe are being breached, and why the Specified Content does so;
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are damaged by the Specified Content or authorized to act on such person’s behalf; and
• Your electronic or physical signature (as appropriate).

When we receive a notice that complies with the above requirements, we will evaluate the information you provided (including, if appropriate, forwarding the notice to, or otherwise contacting the source of the Specified Content), and if appropriate in our judgment, remove or disable access to the Specified Content. In such case, we may notify the source of the Specified Content of your complaint and our action taken. In some cases, if the source of the Specified Content provides us with information indicating that the Specified Content has been removed wrongly, we may reinstate the Specified Content. Our take-down and re-instatement procedures are and remain at our sole discretion. You may want to seek the advice of independent legal counsel before filing a notice or responding to a notice filed by someone else.

 

Expernova Corporation Content Complaint Manager

Contact information for Expernova Corporation’s Content Complaint Manager is as follows:

E-Mail: contact@expernova.com

Expernova

Cap Oméga

Rond point Benjamin Franklin

34 960 Montpellier cedex 01

France