Terms of service
Section 1: Pearltrees Site
The main objective of Pearltrees is to build the community of the Web editors, by offering its users the possibility to (i) map their daily navigations on the web, (ii) edit their maps through Pearltrees to organize their Web, (iii) share their maps in order to guide their friends or other members of the Pearltrees community or any Internet user through the Web and (iv) collectively build the living map of the Web.
Each registered Pearltrees user can save its Web browsing by using the Pearltrees’plug-ins applications to be installed in the Web browser. Recorded browsings will appear in a map format in the user account interface on the Site. The user may then reorganize, delete or comment its browsing content, in order to create an edited map of such content. Each edited map created by the user may appear in a "map" format or in a "play" format. Within the "play" format, Websites referenced and/or quoted in the user edited map appear in an iframe on the Site interface.
The public user profile and any map which a user decides to edit and publish on the Site will be freely accessible to all members of the Pearltrees community as well as to any non-registered visitor. As a consequence, you hereby agree to share all material, content and Web browsing which you record and publish on the Site with all the members of the Pearltrees community and any non-registered visitor.
Section 2: Registration and conditions of access
You will have to create an account prior to installing the Pearltrees’plug-ins in order to benefit from the Site and Services. The registration form is available at www.pearltrees.com.
Once your registration has been completed, you will have a Pearltrees account log-in and password. You must keep your account password secure and immediately notify us of any unauthorized use of your account by a third party. Pearltrees may not be held liable for any losses caused by an unauthorized use of your account. You may never use any other user account without such user’s permission.
Section 3: Our intellectual property rights
The Pearltrees content included on or accessible through the Site (such as text, logos and favicons, names, designations, button icons, features, functionalities, information, data, typefaces, and other material and software made available by us, hereinafter referred to as the “Pearltrees Content”) is owned by Pearltrees and is protected by copyrights, trademarks, trade secrets, an/or other proprietary rights, and you acquire no right on or over the Pearltrees Content.
You are not allowed to modify, enhance, edit, translate, adapt, reverse engineer, decompile, disassemble, or create derivative works based upon, or otherwise alter in part or in full any Pearltrees Content. Pearltrees reserves all rights not expressly granted to you hereunder.
Pearltrees has developed plug-ins applications for the purpose of the Services. The licence terms and conditions applicable to your use of these Pearltrees’plug-ins applications are provided in section C of the Terms and Conditions (see below).
Section 4: Your intellectual property rights
Any Web content you record and/or publish on the Site through any map, iframe, user profile, avatar (small picture you add to your public user profile), public discussion, or which may be transmitted or broadcast through, posted to and/or stored in the Website (each a “User Content”) belongs to you (and/or to its original owner if such owner is not you), and we acknowledge that any User Content posted by you on the Site remains your property under intellectual property laws applicable to such User Content (right of authorship, copyright, specific law applicable to databases or any other proprietary rights).
By making your User Content accessible to other users (Pearltrees users or any Web user) on the Site or through the Services, you agree to allow Pearltrees and any user of the Site to view, use, display, quote, reproduce, edit and modify your User Content free of any charge.
The maps containing User Content which you create and share are protected under the law applicable to databases, and you therefore hereby expressly agree to authorize Pearltrees or any user to extract and/or re-use any substantial part of your maps.
You agree not to consider any material that you have not personally created (or for which you have not obtained the necessary authorisations from third parties, including copyright collection organizations) as your User Content.
As long as your account is active, all of your User Content will be available to others in the form under which you have created and published such User Content. Upon the de-activation of your account or deletion of a User Content from your account, your User Content shall not remain available to others, except for those of your maps followed by other users (including any attached comments) which will remain available for an unlimited period but without any personal information (such as your pseudo or avatar) in relation to you, which will be removed from the above mentioned maps for privacy protection purposes.
Section 5: Our liability
We are under no legal obligation to, and therefore will not, monitor or control any Web content you or any other user records and/or publishes on the Site through any map, iframe, user profile, avatar (small picture you add to your public user profile), public discussion, or which may be transmitted or broadcast through, posted to and/or stored in the Website (each a “User Content”).
Except as and to the extent provided by applicable law, Pearltrees may only be held liable (in contract, tort, misrepresentation, restitution or otherwise) for direct and foreseeable losses arising out of, or in connection with the use of the Site and Services, and excluding all indirect, consequential or other losses (such as loss of profit, loss of data, economic loss or losses to other programs or equipment).
Section 6: Your liability
You are responsible and liable for your use of the Site and Services, and in particular for any User Content you publish on the Site and for all consequences of posting/publishing it on the Site.
You are responsible for ensuring that your User Content complies with all applicable local, national and international laws and regulations. In particular, your User Content must not (i) infringe any third party intellectual property rights, (ii) cause any other personal or moral loss or distress (including libel, slander, etc.) or infringe the right of privacy, or (iii) be contrary to public order (including, for instance, attempts to justify crime against humanity, incite to racial hatred, promote child pornography, etc.).
You agree not to use the Service in an inappropriate or objectionable manner, and are prohibited to harvest or collect email addresses or any other personal information, register for serial accounts, misrepresent who you are, post or share any unsolicited advertising, promotional material (spam, junk mails, chain letters…) or material that contains virus or other malicious programs, and more generally to use the Service or the Site in any manner that may damage, disable, overburden or impair the Service and/or the Site or third parties networks, software or equipment.
Section 7: Exclusion of warranty
The Services are provided "as is" and Pearltrees makes no warranty or representation to you with respect to such Services or the Site. In particular, Pearltrees does not represent or warrant that: (i) your use of the Services will meet your requirements or expectations, (ii) the Site will be continuously available (including, but not limited to, in the event of scheduled or unscheduled interruption for maintenance) and your use of the Services will be uninterrupted, timely, secure, or free from error, (iii) the information obtained through your use of the Services will be accurate or reliable or, (iv) defects or errors in the operation or functionality of any software provided to you as part of the Services will be corrected.
Section 8: Account termination
Section 9: Jurisdiction
Section 1: Information collected
Pearltrees will collect personal information when you register with Pearltrees, when you use Pearltrees Services made available through the Site and, if you activate the record function (“pearl button“) of the Pearlbar, when you browse the Web.
Information required for your registration
You can connect to and surf on the Site without having to register and create an account, but you will not be able to use some of the Services offered by Pearltrees.
Your full user name and your photo, if you decide to upload one, are displayed to people in the Pearltrees network and to any other Site visitor.
Once registered as a member on the Site, you may provide additional information in your profile, including (but not limited to) your biography, location, personal Web site, etc. Please note that any additional information that you give by using the Service, and more particularly when you fill-in your profile, will be made available to all other users of the Site.
We remind you that any sensitive information about yourself, in particular in relation, to your political, religious, sexual preferences or private life that you provide for publication on the Site will be publicly available.
Providing additional information which is not required for registration is not compulsory, and is left to your choice. Please note that such additional information is useful for identifying you better and to find new friends and opportunities within the Pearltrees community. If you contact us by email through the Site, we may keep a record of your contact information and correspondence.
Web browsing information
As the main purpose of the Services offered by Pearltrees is to map the Web and to allow you to create and share Web maps with other users of the community, some information concerning your Web surfing will be collected only when you activate the record function (“pearl button“) of the Pearltrees’plug-ins.
The Pearltrees’plug-ins thus record url, favicon, page title and time of visit only when activated and only for the sites that you ask to record. Pearltrees values your privacy greatly. By no means does the Pearlbar record your browsing information when the record function (“pearl button“) is not activated. The Pearlbar is in open source under a GNU GENERAL PUBLIC LICENSE Version 3 (GNU GPL 3 - http://www.gnu.org/licenses/gpl.txt) licence and the code source is available here: https://addons.mozilla.org/en-US/firefox/addon/11255/and http://www.pearltrees.com/s/collectorChrome/source.
If you do not accept the collection of such information by Pearltrees, you may deactivate Pearltrees’ plug-ins by clicking on the activation/deactivation button of the respective Pearltrees’ plug-ins.
When you access Pearltrees Services, our servers record information sent by your Web browser ("Log Data").
Log Data may include information such as time and date of visit, last Pearlbar type (if relevant), your IP address, browser type, the Web pages you visit on our Site, incoming links (including search requests), advertisements or hypertexts, and outgoing links you follow once you leave our Site. When the record function (“pearl button“) of the Pearlbar is activated, they also record url, favicon, page title and turns this information into a pearltree in your account (i.e. a visual representation).
We use the above-mentioned Log Data to monitor the use of the Site and of our Services, and for the technical administration of the Site.
Cookies & LSO
The cookie is implemented in your personal computer after your registration and at any identification session (in the case the cookie has been removed from your computer). This is a persistent cookie which remains after you close your browser and may be used by your browser on subsequent visits to the Site. Persistent cookies may be removed by following your Web browser help file directions. Information about how to refuse implementation of cookies may be available on the website of your personal data commissioner/authority. Most Internet browsers automatically accept cookies. You can instruct your browser, by editing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit.
Section 2 : Processing and rights
Pearltrees only processes personal information for the following purposes:
- Providing you with the Services made available trough the Site;
- Managing your registration account;
- Developing the Pearltrees network community and improve our Services;
- Promote our Services and/or any new functionality offered through our Services;
- Displaying customized content and advertising destined to you.
By using our Services you consent to the processing of your personal information for the purposes mentioned here above.
Your personal information is processed for the purposes of internal management of the Site and for providing/improving our Services. We will offer you an effective way to opt out of such process by following the instructions included in our communications or placed on the Site.
For any processing of your personal information for other purposes, your prior consent will be requested.
Right of access and removal of your personal information
You have the right to access, modify or remove any of your personal data in relation to the Site or Services at any time by sending us an email to that effect at firstname.lastname@example.org.
Your right of access, modification and removal of any personal information collected when you register on the Site, use our Services and/or fill-in your personal profile, is governed by the local legislation applicable to you, depending upon your country of residence.
Section 3: Information sharing and disclosure
Third parties service providers
Protection and confidentiality of your personal data is a major concern of Pearltrees.
We do not share with thirds parties any personal information about you, except to the extent strictly required for Site hosting and maintenance, database storage and management.
We will share your personal information with such technical contractors, but only to the extent strictly necessary to perform these functions and provide such services, and only pursuant to binding contractual obligations requiring such third parties to maintain the privacy and security of your data.
Information storage location and duration
Pearltrees servers are located in France. By using the Site and providing us with your personal information in the event you reside out of France, you consent to the transfer of your personal information to France, where it will be processed and stored under French privacy standards.
Section 4: Confidentiality and security
The confidentiality and security of your personal information is a priority for Pearltrees.
We set up and use physical and electronic measures designed to protect your information from inappropriate processing.
In particular, we have implemented security policies, rules and technical measures aiming at protecting your personal data from unauthorized access, improper use or disclosure, unauthorized modification and unlawful destruction or accidental loss.
Section 5: Links to other Websites
Section 6: Children policy
The Site is not directed to persons under 18. If a parent or guardian discovers that his or her child has provided us with personal information without their consent, he/she should contact us at email@example.com and we will immediately delete such information from our file.
C. PEARLTREES PLUG-INS LICENSE
This document was last revised April 22, 2010.
Important — please read carefully the terms of this software license agreement (the "Plug-ins License"). By clicking on the "DOWNLOAD" button or by downloading, installing or using the “Plug-ins” (as defined below), (i) you you expressly agree to be bound by the terms of this Plug-ins License, and (ii) you represent that you have the authority to enter into this Plug-ins License. If you do not agree to all terms and conditions of this Plug-ins License, you should click on the "Cancel" button to discontinue the download or stop the installation of the Plug-in (as the case may be), and discontinue any use of the Plug-in.
This Plug-ins License is a legal agreement between you, the end user ("End User" or "you") and Broceliand SAS, registered under identification number 504 599 267 and located at 131, boulevard de Sébastopol, 75002 Paris, France - provider of the Pearltrees service - ("Pearltrees", "us" or "we"), for the license of a) the Pearltrees add-ons for Microsoft Internet Explorer, Mozilla Firefox, Safari and Chrome web-browsers and / or b) Pearltrees bookmarklets for all web-browsers, which includes computer software and electronic documentation (the "Plug-ins").
The Pearltrees’ Plug-ins are subject to the GNU GENERAL PUBLIC LICENSE Version 3 (GNU GPL 3): http://www.gnu.org/licenses/gpl.txt
You can find source code of the Pearltrees add-on for Mozilla Firefox here: https://addons.mozilla.org/en-US/firefox/addon/11255/
You can find source code of the Pearltrees add-on (extension) for Chrome here: http://www.pearltrees.com/s/collectorChrome/source
Further Information. If you have any question or need any further information regarding this Plug-ins License, please feel free to contact us at firstname.lastname@example.org.