The MailInCloud.com website is published & hosted by:
LINAGORA SA, a Limited Company with capital of € 1 841 200 Registered office: 74-80 rue Roque de Fillol, 92800 Puteaux, France SIRET: 431 473 669 00098 APE Code: 6202 A Phone: +33 810 251 251
M. Alexandre ZAPOLSKY, LINAGORA CEO
These definitions hold the same enforceability regardless of capitalization.
Content: any data, regardless of nature (whether information, message, image, video, audio, file, sign, text, signal, program, software, code, or any other element), sent, received, requested, uploaded, downloaded via the MailInCloud plateform.
Third-Party Content: Third-Party Content is defined as any data, regardless of nature (whether information, message, image, video, audio, file, sign, text, signal, program, software, code, or any other element) which is emitted by a third party not using the Website and/or Service, and which is directly or indirectly received through the Service by a User.
Uploading User: An Uploading User is a User who, through the use of the Website and/or Service, sends User Content to a recipient, who can be either a Receiving User or a third party.
User Content: User Content is defined as any data, regardless of nature (whether information, message, image, video, audio, file, sign, text, signal, program, software, code, or any other element) which is directly or indirectly emitted by an Uploading User, and/or uploaded to the MailInCloud platform through the use of the Website and/or Service, notably for transmission to another recipient, display to third parties or for download by one or more Receiving Users or third parties.
Receiving User: A Receiving User is a User who, through the use of the Service, emits, transmits or downloads User Content or Third-Party Content. A Receiving User can simultaneously be an Uploading User.
Service: The Service is the MailInCloud messenging service (also designated as the MailInCloud platform) based on OBM software, including the file upload and download service based on LinShare. The Service is available at https://go.mailincloud.com.
Website: The website is defined as the MailInCloud website, available at http://mailincloud.com.
Applicable free and open source licenses notwithstanding, no other contractual terms, regardless of origin or nature, are applicable to the accessing and/or activating of the Website and/or Service by Users.
The Website and Service are publicly made available to Users by LINAGORA. Their functionalities, availability and conditions of access may change at any time without notice. LINAGORA reserves the right to suspend or terminate the Website and the Service, whether for one or for all Users.
LINAGORA makes no commitment whatsoever to keep the Website and/or the Service publicly available to Users, and makes no commitment regarding the stability or the performance of the Website and/or the Services.
LINAGORA disclaims any and all commitments regarding continuity, performance, stability, compatibility, quality of use of the Website and/or Service. As such, LINAGORA may not be held liable for:
User Content is not controlled nor monitored in any manner by LINAGORA. LINAGORA only provides the technical infrastructure for allowing Users to use the Website and/or Service, including storing User data & User Content, receiving Third-Party Content, transmitting messages & attachments, and making User Content available to Receiving Users and third-party recipients.
Any Uploading User is fully and completely liable for the User Content he uploads, emits or transmits using the MailInCloud platform.
Uploading Users understand and accept that LINAGORA disclaims all liability for any User Content that they upload, emit or transmit.
Receiving Users understand and accept that LINAGORA disclaims all liability for any User Content or Third Party Content they download or display from the MailInCloud Service, including Content received following upload requests.
Uploading Users agree to indemnify, defend and hold harmless LINAGORA, its authorized representatives, and its employees from and against any liability, loss, injury (including injuries resulting in death), demand, action, cost, expense, lawyer fee, or claim of any kind, including but not limited to intellectual property infringement, relating in any way to said User Content.
Users warrant that their use of the Service (and notably Content which they upload, share or request for upload through the use of the Service):
Any such use of the Service that LINAGORA is made aware of may lead the User to be banned from using the Service, and will be reported, along with any and all data available to LINAGORA, to the proper authorities, for prosecution to the full extent of the Law.
Please alert LINAGORA of any such abuse that you may come across by sending an email to email@example.com.
LINAGORA has not reviewed all sites linked to the Website, is not liable for the contents of any such linked site and does not endorse any said linked site. Use of any such linked web site is at the User's own risk.
Any and all other data, information, materials (including, without limitation, HTML, text, audio, video, white papers, press releases, data sheets, product descriptions, software and FAQs and other content) available on or from the Website may, except as otherwise provided, be the copyrighted works of LINAGORA or subject licenses and specifically to free and open source licenses.
LINAGORA makes no claim of any kind whatsoever regarding User Content, which it does not review before its upload by an Uploading User, during its storage on the MailInCloud platform, nor before, during or after its transmission to intended recipients.
The MailInCloud logo, LinShare, the LinShare logo, Hubl.in, the Hubl.in logo, OpenPaaS and LINAGORA are registered trademarks owned by LINAGORA. Any unauthorized use of these trademarks for promoting any goods or services not affiliated with LINAGORA is strictly prohibited, and will lead to prosecution.
LINAGORA makes no warranty of any kind, not can be held liable, regarding the Third Party Content or User Content that may be displayed or downloaded by a User. Such content is not filtered nor moderated by LINAGORA in any manner, who cannot be liable for any loss or damage suffered by a User or any third party resulting from said Content. Users must be aware that any content received from another User or from a third-party through the use of the Service might there be harmful or illicit pursuant to the rules & regulations of their country of origin, through no fault of LINAGORA, which may not even be aware of said Content. Users are advised to exert discretion.
THE WEBSITE, ITS CONTENTS AND THE SERVICE ARE PROVIDED STRICTLY ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND LINAGORA MAKES NO WARRANTY THAT THE WEBSITE, ITS CONTENTS OR THE SERVICES ARE COMPLETE, ACCURATE OR SUITABLE TO A SPECIFIC PURPOSE. LINAGORA DISCLAIMS ANY AND ALL WARRANTIES, WHETHER STATUTORY, EXPRESS OR IMPLIED WITH REGARD TO THE WEBSITE, ITS CONTENT, THE SERVICE AND AVAILABILITY THEREOF INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFIRNGEMENT.
ANY RISK RELATED TO THE USE OF THE WEBSITE, ITS CONTENTS OR THE SERVICE RESTS ENTIRELY WITH THE USER AND LINAGORA MAKES NO REPRESENTATION OR WARRANTY OF UNINTERRUPTED AVAILABILITY OF THE WEBSITE AND/OR THE SERVICES, NOR THAT THE WEBSITE, ITS CONTENTS OR THE SERVICE ARE ERROR-FREE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, LINAGORA SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR CONNECTED TO THE USAGE OR INABILITY OF USAGE OF THE WEBSITE OR THE SERVICE INCLUDING, WITHOUT LIMITATION, ANY AND ALL DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, EXEMPLARY OR STATUTORY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF GOODWILL OR FOR ANY COST OF COVER OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES), EVEN IF LINAGORA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE LEGAL THEORY UNDER WHICH DAMAGES ARE SOUGHT, WHETHER IN BREACH OF CONTRACT OR IN TORT, INCLUDING NEGLIGENCE.