The User (as defined in Article 1 below);
CLA Code Labs Academy Limited (hereinafter referred to as "the Company"), a private exempt limited liability company with a share capital of 1,200.00 euros, registered in the Germany Trade and Companies Register under the number C99228, whose registered office is located at Stresemannstraße 23, 10963 Berlin, Germany. Hereinafter referred to individually as "the Party" or "the Parties".
CLA Code Labs Academy Limited offers a training service in computer development in short and intense cycles, of the "boot camp" type, under the brand name "Bootcamp", hereafter used to designate this service. Bootcamp training courses are given in a mixed form, combining face-to-face courses and a set of tools (handouts and/or tutorials in the form of videos and slides, practical exercises) and pedagogical exchanges provided or given online.
Article 1: DEFINITIONS
- “Information”: means data (personal or non-personal, professional, miscellaneous information, etc) and content (photographs, videos, images, messages, comments, etc.) provided by any User on the Site, except the educational content approved by the Company and posted by an employee under its employment contract.
- “Profile”: means the User's personal page on the Site containing information about the User.
- “Site”: means the digital platforms (including a website or mobile application) proprietary of the Company allowing access to and use by the User of all online educational tools provided or used in the context of Bootcamp training courses.
Article 3: LOG IN INTO THE SITE
- In order to access and use the Site, the User will have to connect with their account, which supposes, if they do not have one, that they create an account on the Site by clicking on the link provided for this purpose on the Site.
- The User's login and password, which will be used by the User to access the Site, will be strictly personal and confidential and the User must use them in such a way as to preserve their strict confidentiality.
- Any use of the Site using the GitHub login and password is deemed to have been made by the User.
- In the event of the use by a third party of the User's login and password, the User must immediately notify the Company by sending an email to the following email address: firstname.lastname@example.org
- The User undertakes to use the Site only for their personal needs, they are responsible for the use of the Site and all actions carried out within the Site with their login and password, except if the use of their account was made after notification to the Company that their login and password were stolen or more generally suffered a hacking.
Article 4: RIGHT TO ACCESS THE SITE
The Company grants the User who registers with the Site the right to access and use the Site on a personal and private basis.
Article 5: INFORMATION PROVIDED BY THE USER
After logging in to the Site with their account, the User is required to complete their Profile with Information about themselves. Each User warrants to the Company that the Information they provide as part of the Site is accurate, truthful, complete, and up-to-date. The User is solely responsible for the truthfulness and accuracy of such Information. The User undertakes to regularly update all the Information in order to maintain its accuracy. The Company shall in no way be held responsible for any errors, omissions, or inaccuracies that may be found in the Information provided by the User, nor for any prejudice that may result for other Users or third parties.
Article 6: INTELLECTUAL PROPERTY
6.1. Intellectual property attached to the Site and its elements
All technical, graphic, textual or other elements constituting the Site and its content (texts, graphics, software, multimedia files, photographs, images, videos, sounds, plans, graphic charter, technology(ies), lines of coding, source codes, names, trademarks, logos, visuals, databases, etc.) as well as the Site itself, are the exclusive property of the Company. The User acknowledges that no property is transferred to them, and that no right or license is granted to them, other than a right to use the Site in accordance with the present Agreement for the duration of the Agreement. Accordingly, unless expressly authorized by the Company, the User agrees not to:
- Reproduce, for commercial or non-commercial purposes, the Information on the Site (with the exception of its own Information) and/or the technical, graphic, textual or other elements constituting the Site or its content;
- Reproduce, copy or distribute to third parties, online or offline, in any manner whatsoever, all or part of the Site or its content, including the Information (with the exception of its own Information), for commercial or non-commercial purposes;
- Use any robot, including a spider, website search or retrieval application, or any other means to retrieve or index all or any portion of the content of the Site, including reverse engineering. Any unauthorized use of elements of the Site or its content engages the civil and/or criminal liability of its author and may result in legal proceedings against them.
6.2. Intellectual Property attached to the Information provided by the User
6.2.1. In consideration of the use of the Site, the User grants the Company a worldwide, non-exclusive, transferable license, which may be sub-licensed, granting the Company the right to copy, store, process and distribute all of the Information that the User publishes on the Site. This license is granted as and when the elements concerned are published, for the purposes of the normal and interactive operation of the Site, the provision and, where applicable, the promotion of Bootcamp training courses. All rights that are not granted by the User under the Contract remain his property.
6.2.2. The User guarantees that they have the necessary intellectual property rights to publish the Information on the Site. The User has knowledge of the fact that the Informations they publish are treated as nonconfidential and thus, they might be accessible to other Users for the well functioning of the Bootcamp’s community. The User also guarantees that the Information they publish on the Site does not contain anything that is contrary to the rights of third parties and to the laws in force, and in particular to the provisions relating to defamation, insult, privacy, image rights, offenses against public decency or counterfeiting.
6.3. Link from the Site
6.4 Link to the Site
Any link to the Site must be subject to prior authorization. The Company reserves the right to terminate an authorization at any time if it considers that the link established to the Site is likely to harm its interests.
Article 7: ASSIGNMENT OF RIGHT ON THE USER’S IMAGE
7.1. In the context of their training at Bootcamp, the User may be filmed, for example during the presentation of their project. The photographs and movies produced in this context might be published on the Site following the consent of the persons appearing in it. The User thus authorizes the assignment of their right on their image, and the application of the following clause, unless they expressly refuse. In such a case, the refusal would only be effective for the future and not for the already published content and the Contract will stay in force, except the authorization stated at point 7.2. The deliberately posted User’s image will however be submitted to the authorization stated at point 7.3.
7.2. The User authorizes the Company to proceed with the audiovisual and/or photographic recording of their image, including their still or moving image, voice, name and surname (hereinafter referred to as "the Image").
7.3. The User authorizes the Company to use their picture which they deliberately transmit to the Company in order to enable the Company to deliver the Services such as the display of the User’s profile picture (hereinafter referred to as “the Picture”)
7.4. The present authorizations include the granting, on an exclusive basis and free of charge, of reproduction, communication to the public and adaptation rights attached to their Image or Picture, for internal or external communication, public relations and archive purposes (excluding any commercial or advertising use of their Image or the Picture), in particular on the following media and by the following means of distribution
- By broadcasting, regardless of the processes used (terrestrial, cable, satellite, fiber optic, digital terrestrial, pay or free television, etc.), broadcasting on the Internet (in particular on the Site, and more generally on websites and mobile applications dedicated to the Bootcamp, on pages dedicated to the Bootcamp on social networks, on platforms for making videos available etc. In the form of videos, photographs, etc.), regardless of the methods of broadcasting and accessing the videos and photographs including the User's Image or Picture (simulcasting, replay, subscription in a package or payment per unit, etc.);
- On paper media (press, books, magazines, posters, brochures, flyers, invitations, catalogs, etc.), digital media (CD, CD Rom, DVD, DVD Rom, hard drive, memory card, flash memory, RAM memory, USB key, digital file in any format, etc.) online or offline. These authorizations include the right for the Company to make any modification, addition, deletion, cropping, dubbing, etc. to the initial fixation of the User's Image or Picture that it deems useful and to accompany it with any caption, commentary and/or illustration, provided that this does not infringe on the personality attributes of the User concerned. The authorizations thus granted are valid for the whole world, for a period of five (5) years without limitation as to the number of reproductions, communications to the public and adaptations made. The Company may grant to any third party, if necessary by way of license or assignment, all the authorizations it deems necessary for the exploitation of the rights granted herein.
Article 8: USE OF SLACK© OR EQUIVALENT
Within the framework of the Site, the User is likely to communicate with the other Users via the instant messaging system "Slack". The User is solely responsible for the Information they publish there, and must respect the obligations set out in Article 10 below. The Company may only be held responsible for Information published on this instant messaging system under the conditions set out in Article 11.1 below.
Article 9: USER’S PERSONAL DATA PROTECTION
Article 10: USER’S OBLIGATIONS
The User undertakes to:
- Guarantee the accuracy, integrity and legality of the Information;
- Guarantee its proper use of the Site, in particular to keep personal and private use of the Site;
- Refrain from entering malicious, denigrating, obscene, defamatory, deliberately misleading, illicit and/or immoral Information;
- To respect the rights of third parties, and in particular the right of each person to privacy, image and other personal rights, as well as intellectual property rights (copyright or related rights, database rights, trademark rights, patent rights, designs or models, trade secrets, etc.);
- Not to usurp the quality, attribute or identifier of another User or a third party in such a way as to mislead or create any confusion as to their identity, the origin of the messages or other content that they broadcast or transmits on the Site;
- Not to alter or disrupt the integrity of the Site and/or the data contained therein;
- Not to extract any data from the Site, by any mean ;
- Not to attempt to obtain unauthorized access to the Site or to the systems or networks associated with it or to intercept data;
- Use the Site in compliance with applicable national and/or international laws and regulations. In the event of a breach of any of these obligations, the Company reserves the right to temporarily or permanently suspend the User's account and/or terminate their Contract. The Company values the communication between Parties, thus the Company will first intend to notify the User about their breach of the Contract and will try to propose corrective measures if possible. If the right to use the Site is not afforded anymore to the User because of a breach of the Contract, the User will have to destroy all downloaded or printed Information or any potential copy. The User acknowledges that they are solely responsible for the violation of the Contract and thus will have to financially compensate for the potential damages which could result from that violation.
Article 11: COMPANY’S LIABILITY
11.1. Regarding Information provided by the User on the Site
The Company is not in a position to control the content of the Information put online by Users on the Site. In its capacity as host of the Information put online by the User through the Site, the Company is subject to the reduced liability regime provided for in Articles 6.I.2 and following of Law No. 2004-575 of June 21, 2004 for Confidence in the Digital Economy. In this context, the Company may delete any obviously illicit content that is notified to it by a third party, under the conditions provided for by law.
11.2. In case of breach in its obligations
The Company shall only be liable for direct damages suffered by the User, which are proven to result from the Company's failure to perform its obligations. The Company's liability, in the event that it is recognized by a court decision, shall not exceed the total amount of one thousand (1,000.00) Euros On the other hand, the Company shall in no case be held responsible for:
- Damage resulting from the User, difficulties inherent in the operation of the Internet network and more generally telecommunications networks, whatever their nature, the fact of a third party or a case of force majeure;
- Indirect damages resulting from the use of the Site, which are defined in a non limitative way as operating losses (turnover, income or profits), loss of opportunities, loss of data, damage to image or reputation, commercial or economic loss.
11.3. Absence of responsibility on the promoted results of the training on the Site
The Company may release and promote the outcomes of a former student on its Site and allow the User to contact the former student. The Company trains its students in order to offer them the best future possible. However, the Company cannot guarantee any outcome, any job, any salary or any particular vocational end, because market conditions are highly variable. The Company cannot promise to the User that they will obtain the same function as the one the former student granted and which was promoted on the Site. The Company furnishes a large number of educational content on the Site. Despite a strong educational support, some students may not succeed to finish the training and/or may not have a career in that field. The Company cannot be held responsible for the failure of the User and cannot guarantee that they will benefit from a professional career in the field. The Company implements everything possible in order to reach the highest number of success among the students.
Article 12: DISRUPTION OF THE SITE FOR MAINTENANCE OR IMPROVEMENTS
The Company undertakes to do its utmost to ensure the proper functioning of the Site and its accessibility by the User but it is only bound by an obligation of means concerning the continuity of access to the Site. The Company does not guarantee the continuity or performance of the Site. The Company reserves the right to suspend, without notice, access to the Site, temporarily or permanently. The Company may interrupt access to the Site for reasons including maintenance, updating and in case of emergency. The temporary or permanent interruption of the Site will not engage the responsibility of the Company and will not give right to any compensation to the User. Consequently, the Company cannot be held responsible for the loss of money or reputation, nor for special, indirect or consequential damages resulting from the interruption of the Site. Similarly, the Company cannot be held responsible for any damage to hardware, software or data (e.g. viral contamination) suffered by the User as a result of using the Site. To avoid as much as possible any inconvenience, the User must ensure that they regularly back up their data. The User acknowledges that they use the Site as provided, at their own risk and with full knowledge of the facts.
Article 13: TERMINATION OF THE CONTRACT
The Company reserves the right to terminate the Contract (and thus access to the Site) as of right and without prior notice or formality, in the event that the User fails to comply with their obligations as set out herein, with those resulting from the training contract concluded between them and Bootcamp, or with any applicable legal provision. Termination of the Contract will result in the immediate de-registration of the User. The User will be informed of the said termination by email, to the address they provided at the time of registration. This termination shall be independent of any damages that the Company may claim as compensation for any losses suffered as a result of the User's alleged breaches. The Company reserves the right to refuse the User the creation of a new account on the Site.
Article 14: DURATION OF THE CONTRACT
The Contract shall remain in force so long as the User uses the Site.
Article 15: MISCELLANEOUS
15.1. Independence of the Parties
The Parties acknowledge and agree that under no circumstances may one of them make any commitment in the name of and/or on behalf of the other. Furthermore, each of the Parties remains solely responsible for its own acts, allegations, commitments and services. The Parties acknowledge and agree that they are acting independently of each other and that this Agreement shall in no way be deemed to establish between them a de facto partnership, a joint venture or any other situation entailing any reciprocal representation or solidarity with respect to their respective creditors. This Clause will not apply to the User who benefits from an employment contract on the condition that they act under the law of this contract.
The failure of either Party to enforce any of the provisions of the Agreement or to accept its non-performance, whether permanently or temporarily, shall not be construed as a waiver by such Party of its rights hereunder, shall not affect the validity of all or any part thereof, and shall not prejudice the rights of such Party to act accordingly.
15.4. Applicable Law, Jurisdiction
The validity, interpretation, performance or termination of the Agreement and any consequences thereof shall be governed by and construed in accordance with Maltese law. The resolution of any dispute or difference relating to the validity, interpretation, performance or termination of the Contract and any consequences thereof shall be subject to the exclusive jurisdiction of the courts within the jurisdiction of the German Court of Appeal, even in the event of summary proceedings, incidental claims, third party claims or multiple defendants.