General Conditions of Use of Services
Bubble Video Recorder™
These general conditions of service (hereinafter the "CGS") are offered by the company BUBBLE VR SAS (hereinafter the "Company"), a simplified joint stock company with a share capital of 20,000 euros, registered in the Trade Register and companies in Paris under number 822 020 709, whose head office is located at 128 rue de la Boétie 75008 Paris.
1. APPLICATION AND OPPOSABILITY OF THE GTCS
The purpose of these T & Cs is to define all the conditions under which the Company allows natural or legal persons acting within the framework of their commercial, industrial, liberal or agricultural activity (hereinafter the "Users") to use and subscribe to the services offered by the Company (hereinafter the “Services”) through the site http://www.wedotutorials.com (hereinafter the “Site”) and / or the Bubble Video Recorder mobile terminal application ( hereinafter the "Application").
The user declares to have read and accepted these T & Cs before any use of the Services. The validation of an order for Services by the User also implies acceptance of these T & Cs.
Acceptance of these T & Cs assumes that Users have the necessary full legal capacity.
Any User opening an account in the name of a legal entity or a group of Users also acknowledges being strong and guarantees that any User of the account concerned complies with the provisions of these T & Cs.
2. MODIFICATION OF T & Cs
The Company is free to modify these T & Cs at any time, in particular in order to take into account any substantial evolution of the Services or to take into account a legal, regulatory, jurisprudential and / or technical change.
Prior to the entry into force of new T & Cs, the Company will also inform Users by any appropriate means of the entry into force of the new provisions. If the User is silent for a period of one (1) week, the changes proposed by the Company will be considered as having been accepted by the User.
3. ACCESS TO SERVICES AND AVAILABILITY
Before any use of the Services, the User must ensure that he has the technical and IT resources enabling him to use the Site and / or the Application, in particular ensuring that the IT configuration of his terminal is in good order. condition and does not contain virus.
The Company implements all measures to ensure the User uninterrupted access to the Services. However, it can not under any circumstances or even be held liable in the event of the unavailability of Services linked in particular to an Internet failure or operating errors. Access to the Services may also be temporarily interrupted in the event of maintenance operations.
4. USER ACCOUNT
In order to access all of the Services offered by the Company, the User must first create an identification account via the Site or the Application.
The User undertakes in particular not to create a false identity likely to mislead third parties and not to usurp the identity of another person. The User agrees to immediately update, in the event of any modification, the data that he initially communicated.
When a User creates an account in the name of a legal entity, the latter acknowledges having the legal capacity and all the required authorizations allowing him to represent and contractually engage said entity.
It is the User's responsibility to maintain the confidentiality and security of their login credentials. The User must immediately inform the Company of any unauthorized use of his identifiers. The Company cannot be held responsible for any loss or damage resulting from the User's inability to protect their credentials.
Any access to the account, any use of the Services or more generally any transmission of data made from the User IDs will be deemed to have been made by the latter or by the entity responsible for the account concerned.
5. PAYABLE SERVICES AND SUBSCRIPTIONS
Access to certain Services or optional features of the Services is paid for by single payment or by subscribing to a paid subscription.
The User will have access to a summary of his order before validating any purchase or subscription to a subscription. After acceptance of the T & Cs and validation of the order with payment obligation, the contract is validly concluded between the Company and the User and binds them irrevocably. The User guarantees the Company that he has the necessary authorizations to use the payment method used when placing his order.
The acquisition of a Service and / or a subscription is almost simultaneous from the validation of the transaction by credit card or by direct debit. In the event of rejection of a payment or a payment due date, the subscription is suspended until the situation is rectified. The User will then be informed of the suspension of his subscription.
Any default or delay in payment will also immediately result in the application of late payment penalties equivalent to the rate applied by the European Central Bank to its most recent refinancing operation, increased by ten (10) points, from the day following the date of settlement. invoice. The Company will also have the option of applying a minimum flat-rate compensation for recovery costs of € 40, without prejudice to its other rights, in particular in respect of the actual costs incurred for this purpose as well as any related damage.
The User who has subscribed to a subscription may at any time notify the Company of his wish to terminate his subscription free of charge. The termination will however take effect on the expiry date of the current subscription, no refund will be made. The User can in no case be reimbursed for a withdrawal period once it has already been started.
6. CONTENT PUBLISHED BY USERS
The Services offered by the Company allow Users to film, download, store and share content via the Site and / or the Application, in particular videos created from the Services. Any content created by the User from the Services remains his property and remains under his exclusive responsibility. The User nevertheless acknowledges authorizing the Company to use any content published by the User in order to provide its Services, in particular for hosting and transmission purposes. This use of User content by the Company may also involve modifying the size, shape or format of the User in order to optimize the storage and / or display capacities of the content by the Company. The Company refrains from any use of the content created by the User for purposes unrelated to the execution of these T & Cs. The User acknowledges that the published content will not infringe the rights of third parties, and that he is authorized to reproduce and / or disseminate them to the public on the Internet. The User therefore guarantees the Company against all claims, property claims and legal or extrajudicial actions relating to the aforementioned content and undertakes to fully compensate the Company for costs and losses that may be caused to the Company as a result.
7. CONTENT CONTROL / WITHDRAWAL
The Company has no a priori control over the content published by the User but reserves the right to refuse or delete any content that exceeds the storage limit or files authorized under the Services or in any way contravenes the terms of the these T & Cs. Insofar as the Company does not exercise any a priori control over the published and shared content, the User therefore remains solely responsible for the content published on his account on his own or by Users having access to a common account administered by the 'User. In accordance with its legal obligations, the Company will promptly withdraw any manifestly illegal content notified to the Company in accordance with the formalities required by law. In the event that a User notices the presence of clearly illegal content during his use of the Services, he can report said content to the Company by contacting the Company by any means or sending a message to dev @ bubble-vr .com
8. OBLIGATIONS OF USERS
The User agrees to comply with the terms of these T & Cs in the context of his use of the Services. In the context of his use of the Services, the User is also prohibited from:
- Open an account impersonating a third party,
- Open an account for the benefit of a legal entity without being authorized to do so,
- Use the Services to communicate content that infringes the rights of third parties, in particular intellectual property rights or rights to the protection of personal data,
- Use the Services to communicate inappropriate content (illegal, undermining human dignity, defamatory, abusive, racist or any other content that may engage the civil or criminal liability of the person who publishes it),
- Use the Services for any fraudulent or illegal purposes,
- To infringe the intellectual property rights of the Company,
- To use software or other other automated processes, in order to perform indexing, explore or extract data belonging to the Company.
If for any reason, the Company considers that the User does not comply with these T & Cs, in particular under the obligations listed in this article, the Company may at any time, and at its sole discretion, delete or suspend his account and by the same access to the Services and take all legal measures against it.
9. INTELLECTUAL PROPERTY
The Company remains the exclusive owner of all the elements made available to the User during the provision of the Services (such as texts, images, photographs, logos, computer codes, etc.) which are protected by intellectual property rights. . Any extraction, reproduction, representation, adaptation, modification, translation, transformation, distribution, integration into other material, decompilation, commercial or non-commercial exploitation of all or part of the aforementioned elements, as well as data and databases belonging to the Company, is strictly prohibited.
10. TERMINATION OF THE ACCOUNT - DELETION OF CONTENT
The User can delete their account at any time by contacting the Company at firstname.lastname@example.org. In addition to the options for closing the User account in the event of failure to comply with the T & Cs, the Company may also close any User account that has remained inactive for a period of more than five (5) years. As from the deletion of the account, all data related to the account will then be deleted, unless the Company is required to keep the data in order to meet its legal obligations or exercise its rights in court, in which case the data will be stored on intermediate archives for the duration of the applicable legal prescriptions. However, with regard to the content published by the User on the Site and / or the Application, these will remain available after the deletion of the account and accessible unless the User specifically requests deletion. When the User has published content on an account belonging to a legal entity or a group of Users to which he has access, the latter acknowledges that the content will be kept on this account and will be managed by the User in charge of the administration of this account. Any request for deletion of said content must then be made to the User administering the account concerned.
11. CUSTOMER SERVICE - ASSISTANCE
For any request for information, clarification or any complaint relating to the Services, the User can contact the Company's customer service in order to allow the latter to try to find a solution to the problem. The Company's Customer Service can be contacted via the contact functionality of the Site or via the address email@example.com.
It is recalled that the User takes full responsibility for the editing, operation and communication of all content published in the context of the use of the Services. The User is solely responsible for the compliance of his contents with the regulations in force, as well as for all the authorizations of third parties, if necessary for the performance of the Services. The Company's liability for the performance of the Services can only be incurred on proven and exclusive fault in causing the damage. In this sense, it is recalled that the Company can not be held responsible for any act or element relating to the User or third parties. The Company cannot also be held responsible for any breach of its contractual obligations resulting from an event beyond its control and in particular failures of computer or electrical equipment, incidents or failure of telecommunications networks. As the performance of the Services is based on the use of the Internet, the User acknowledges that the Company cannot guarantee (i) the proper functioning of the Internet nor thereby the absence of cuts or degradation of services, (ii ) the absence of any risk of intrusion, data hacking and contamination by computer viruses. The Company may not be held liable for compensation for indirect damages such as, in particular, loss of contracts or customers, operating loss, interruption of service linked to the use of the Services, financial losses linked to the time spent on to compensate for the breach observed, damage to the brand image, loss or corruption of data and / or files. Any damage suffered by a third party is assimilated to indirect damage.
13. THIRD PARTY LINKS
As part of the provision of the Services, the Company may lead to aggregate links to sites and other services not published or controlled by the Company, which cannot be held responsible for the operation, content or any element present or obtained. through these sites. The establishment of such links or the reference to any information, articles or services provided by a third person, cannot and cannot be interpreted as an express or tacit endorsement by the Company, neither of these sites nor of their contents.
The parties undertake to consider as strictly confidential and to treat as such all information of a commercial, financial or technical nature relating to the other party, regardless of their medium, communicated or collected during the execution of the contract. All information known to the public is deemed to be non-confidential. The parties undertake not to disclose or allow disclosure, directly or through an intermediary, in whole or in part, of the confidential information of the other party, to any third party whatsoever, with the exception of employees and / or subcontractors who need the information to fulfill their obligations. Each party undertakes to return to the other party, subject to the full performance of its obligations, all documents or other media containing confidential information as well as all their reproductions.
15. GENERAL PROVISIONS
The fact that one or the other of the parties does not invoke a breach of the other party of any of its obligations under the contract can not be interpreted as a waiver of the obligation in cause. If one or more stipulations of these T & Cs are held to be illegal or inapplicable or considered as such under a law, regulation or court decision that has become final, they will be deemed unwritten and the other stipulations will remain in effect. force. Each party enters into this contract as an independent contractor and not as an agent or partner of the other party. Neither party may claim to third parties that it has the power to represent the other party.
16. APPLICABLE LAW AND ATTRIBUTION OF JURISDICTION
These T & Cs are governed and interpreted in accordance with French law, without taking into account the principles of conflicts of laws. In the event of a dispute that may arise during the interpretation and / or execution of these Terms or in connection with these T & Cs, the parties will endeavor to find an amicable agreement or submit their dispute to a procedure for conventional mediation or any other alternative dispute resolution method. In the event of a dispute between the parties regarding the validity, interpretation or performance of the Contract and in the absence of an amicable agreement between the parties, exclusive jurisdiction is attributed to the Paris Commercial Court, notwithstanding multiple defendants or appeals in guarantees, even for emergency or conservatory procedures.