Legal notice and Terms Of Services(TOS)

Continued navigation on this site or application constitutes unreserved acceptance of the following terms and conditions.

Article 1 - Legal Information

1.1 Publisher

The “Plussh” mobile phone application and the website www.plussh.com (hereinafter “the Application” and “the Site” respectively, and together referred to as “the PLUSSH Service”) are published by:

PLUSSH (hereinafter “PLUSSH”) 
Simplified joint-stock company, with capital of 103,635 euros, registered with the RCS Montpellier under the number 814 302 593, whose registered office is Cap Omega, Benjamin Franklin roundabout, CS 39521 – 34960 Montpellier Cedex 2, represented by Mr. Dimitri Moulins, in his capacity as President.

VAT number intracommunity: FR36814302592 
Email address: contact@plussh.com

Director of the publication: Dimitri Moulins

1.2 Host

(This -after “the Host”): 
Name: OVH, 2 Street Kellerman , 59 100 Roubaix – France 
Email address: contact@ovh.com

Article 2 - General

These Terms of Use (hereinafter “these Conditions”) are intended to govern, without prejudice to the applicable legal provisions, the use by any person (hereinafter “You”) of the PLUSSH Service.

These Terms may be modified at any time without notice.

The currently online version of these Terms of Use is the sole opposable throughout the duration of use of the Site and until a new version replaces it. In the event that You do not approve the changes made, You will be free to terminate your access to the PLUSSH Service.

The latest version of these Terms can be found in the “Terms of Use” section of the Site, accessible through the following link: www.plussh.com/privacy.

In the event that one of the provisions of these Conditions is declared unenforceable or invalid, the other provisions will remain applicable.

The fact that PLUSSH does not avail itself of one of these Conditions can not be interpreted as a waiver to use them later.

PLUSSH reserves all rights not expressly granted in these Terms.

Article 3 - Description of the PLUSSH Service

The PLUSSH Service is a service that allows you, after acceptance of these Terms, to host and broadcast your own video content.

The application allows, in particular, the live broadcast of videos taken with your mobile phone. The videos can then be accessed from the Site, the Application, links posted on social networks such as Facebook or Twitter, and any other media chosen by PLUSSH.

The “live-videos” have a duration of 10 (ten) minutes maximum . The maximum number of videos stored on your PLUSSH account is limited to 10 GB, to control bandwidth costs.

The PLUSSH service is available on any compatible device that has a video function, namely to date on Apple iPhone and iPad (iOS 8.3 minimum).

As the holder of at least one social account provided by the Application (Facebook or Twitter), you can link this account with the Application and thus alert your friends and invite them to see your videos.

The PLUSSH Service does not include PLUSSH’s production and production of any content for your account.

The PLUSSH Service is accessible to you until the cancellation of its subscription, under the conditions defined in article 10 below.

Article 4 - Conditions of access and use

4.1 Conditions of access

Access to the PLUSSH Service is only possible via the Website or the Application, accessible via the Internet, on any electronic communication medium such as your computer and your mobile phone.

Access to the PLUSSH Service is reserved for legal entities, adults and minors over the age of 13, provided that their legal representatives have accepted these Terms.

By using the PLUSSH Service, You represent and warrant that You have all the necessary authorizations and authorizations to do so, in particular when used on behalf of a company, an organization or any other legal entity.

PLUSSH reserves the right to request a proof of your age and to terminate any account that does not meet the conditions of access.

Access to the PLUSSH Service is for personal use only, You agree not to use the PLUSSH Service and the information or data contained therein for commercial, political, advertising or any other form of commercial solicitation, such as sending unsolicited e-mails. Access to the PLUSSH Service is also non-transferable and non-transferable.

Access to the PLUSSH Service is subject to:

  • at the creation of an account, by filling out a form and by providing the following information: last name, first name, e-mail address, username and password. You agree to provide your exact details and to update them as a result of any changes.
  • atconfirmation of your registration, by validating your account by means of an email received at the email address mentioned on the form.

Once your registration request has been validated, PLUSSH will send you a confirmation e-mail. We recommend that you keep or print this email.

You are fully responsible for the passwords necessary to use the PLUSSH Service. PLUSSH can not be held responsible for any illegal or fraudulent use of these passwords. You will have to bear the financial consequences of the transactions made with your passwords, except to show cumulatively your lack of responsibility and a fault of PLUSSH.

You agree to inform PLUSSH immediately of any unauthorized use of your account, and any breach of the confidentiality and security of your means of identification, using the contact form available on the Site.

4.2 Access offer

Access to the PLUSSH Service is free.

However, PLUSSH may, at any time, decide to make this use pay. You will then be free to accept or refuse to pay, without constraint.

4.3 Terms of use

You do not allow any use of the PLUSSH Service that might infringe the rights of PLUSSH or that could cause damage to PLUSSH. You also prohibit any use of the PLUSSH Service that would be detrimental to the integrity of PLUSSH’s technical infrastructure.

Use of the PLUSSH Service is at your own risk. You declare to be aware that the videos filmed with the Service PLUSSH are, by nature, diffused publicly, notably via the Application and the Site.

You agree, in all circumstances:

  • atto make reasonable use of the PLUSSH Service and not to use it unlawfully or unlawfully;
  • atnot to broadcast content:
    • atpornographic or violent nature;
    • oundermining public order and morality, in particular by:
      • the apology crimes against humanity;
      • theprovocation to the commission of acts of terrorism and their apology;
      • incitementracial hatred, hatred of persons on the grounds of their sex, sexual orientation or gender identity or disability;
      • incitementsuicide;
      • thechild pornography;
      • incitementviolence, such as incitement to violence against women;
      • theattacks on human dignity;
    • atnot to broadcast content that may violate the rights of third parties and to give rise to actions based in particular on:
      • thecounterfeiting;
      • theunfair competition ;
      • thepublic liability ;
      • theright to the image,
      • theright to privacy,
      • thepress law (such as defamation, insult and provocation to crimes and offenses).

Each individual may legitimately object to you filming them without their express and prior agreement. You agree to always ask the permission of the people you want to film before distributing their image.

It is recalled that the current legislation does not impose on PLUSSH a general obligation to monitor the content hosted on the PLUSSH Service, nor a general obligation to investigate facts or circumstances revealing the unlawful activities.

PLUSSH may nevertheless be required to remove any unlawful content transmitted and / or stored via the PLUSSH Service as soon as it becomes aware of it, to send you any complaint concerning you and, at the request of the judicial or administrative authority, to communicate elements in his possession to identify you.

Any use of the PLUSSH Service that does not comply with these Conditions may automatically result in the immediate termination of your PLUSSH Account and imply the definitive prohibition to use the PLUSSH Service, without prejudice to the possibility for PLUSSH to institute proceedings court.

Notwithstanding the foregoing, You understand that by using the PLUSSH Service, You may be exposed to content provided by users that may be offensive, inaccurate, inappropriate or misleading. PLUSSH can not be held responsible for this content.

Your Internet Service Provider or your telephone company may choose to restrict your use of the PLUSSH Service if it considers that it exceeds the limits of any bandwidth usage available to you. PLUSSH can not be held liable for this.

4.4 Service Management

For the good management of the PLUSSH Service and its updates, and to preserve its efficiency and security, PLUSSH can at any time:

  • suspendinterrupt or limit access to all or part of the PLUSSH Service;
  • removeany information that may interfere with its operation or that contravenes national or international laws.

PLUSSH reserves the right to modify the characteristics of its services according to the technical evolution.

PLUSSH retains full discretion in the execution of any updates and remains free to upgrade the functionality of the PLUSSH Service without prior notice, as this does not generate any degradation of service or loss of data or functionality.

Article 5 - Licenses

5.1

Access to the PLUSSH Service is permitted by a license granted by PLUSSH. This license is therefore limited, revocable, non-exclusive and non-assignable. It allows you to download and install the Application on your mobile phone.

Without the express permission of PLUSSH, You may not sub-license, resell, transfer, assign, distribute, commercially exploit or make available to third parties, all or part of the PLUSSH Service.

PLUSSH holds all rights to the PLUSSH Service. These Terms do not transfer you any rights to the PLUSSH Service, but simply a license.

Thus, all brands, photographs, texts, comments, illustrations, animated or non-animated images, video sequences, sounds, as well as all the computer applications that could be used to make the PLUSSH Service work and, more generally, all the elements reproduced or used on the PLUSSH Service is the full property of PLUSSH or its partners.

Any reproduction, representation, use or adaptation, in any form whatsoever, of all or part of these elements, including computer applications, without the prior written consent of PLUSSH, are strictly prohibited. The fact that PLUSSH does not initiate proceedings upon becoming aware of these unauthorized uses does not constitute acceptance of such uses and waiver of prosecution.

5.2

When You broadcast videos via the PLUSSH Service, You authorize, for free, for the whole world, as PLUSSH as each user of PLUSSH Service, to distribute them, adapt them and modify them, in any format, on any support and via all the media channels (internet, social networks, broadcasting, etc.) and this:

  • inthe framework for the normal operation of the PLUSSH Service;
  • fornon-commercial personal uses;
  • forpromoting / advertising the activities of PLUSSH.

You consent to this permission for the full term of copyright protection for the videos, based on French legislation foreign and current or future international conventions, including any extensions that may be made to this duration.

The removal or removal of your videos, for any reason whatsoever, will therefore have no effect on this authorization and, consequently, on its duration.

5.3

You agree not to use the PLUSSH Service or the videos broadcast via the PLUSSH Service for personal commercial, promotional, advertising or sponsorship purposes without prior written permission.

These forbidden uses of the PLUSSH Service obliges, in particular, any website receiving advertising and comprising videos provided via the PLUSSH Service, to display on the relevant web pages, other elements not provided by PLUSSH and of sufficient value to justify such advertising.

Article 6 - Responsibilities

PLUSSH is happy to make the PLUSSH Service available to you and you are solely responsible for the use you make of it.

PLUSSH does not perform any backup of hosted content. It is up to you to take all the necessary measures the safeguarding of your contents in the event of loss and / or deterioration, whatever the cause, as well as in case of deletion of your account. You waive any recourse against PLUSSH in the event that your content is erased, even if this cancellation is the result of an operating error of the PLUSSH Service.

The connection material to the Site that you use, is under your sole responsibility. You must take all appropriate measures to protect your material and your own data, including viral attacks via the Internet. You are also solely responsible for the sites and data that you visit.

PLUSSH can not be held responsible for any damage to you, to third parties and / or your equipment due to your connection or use of the PLUSSH Service and you thereby forfeit any action against PLUSSH.

The responsibility of PLUSSH can not be engaged in case of failure, breakdown, difficulty or interruption of operation, preventing access to the Site or any of its functionalities.

PLUSSH can not be held responsible for any legal action against you:

  • ofmakes use of the PLUSSH Service;
  • ofYour failure to comply with these Terms.

Thus, You guarantee PLUSSH against any recourse or action that could be formed by any natural or legal person who considers that he has to assert any rights whatsoever, because of your use of the PLUSSH Service.

To the guarantee of the principal of any possible condemnation given here by You, is added the guarantee of all interests and incidental expenses exposed by PLUSSH, including all legal expenses, para-legal and attorney fees / advice.

Article 7 - Rights of the Application Provider

These Conditions are only concluded between You and PLUSSH. Thus, when You download the Application from a distribution platform (hereinafter the “Supplier”), the Supplier can not be held responsible for the Application.

The Supplier sees no obligation on him to provide maintenance services or assistance services. If the Application does not comply with an applicable warranty, You may notify the Supplier which may, if necessary, refund the purchase price of the Application (according to its commercial policy).

The Supplier can not be held responsible for the non-treatment of your claims or the claims of third parties concerning the PLUSSH Service.

Article 8 - Data collection

The personal information that may be collected on the Site is mainly used by PLUSSH for the management of relations with You. They are recorded in a client file declared to the National Commission for Data Processing and Freedoms (CNIL).

PLUSSH undertakes to keep confidential all the identifiers that you transmit to it but declines all responsibility for the disclosure of this information by you to unauthorized third parties.

The information collected may be communicated to third parties linked to PLUSSH by contract for the performance of subcontracted tasks necessary for the management of your account and without you having to give your authorization. In the event of proven infringement of legal or regulatory provisions, this information may be the subject of a communication at the express and reasoned request of the judicial authorities.

You are likely to receive commercial offers. PLUSSH may, in particular, if You have previously consented, use your data as part of sending newsletters, You may unsubscribe at any time.

In accordance with the provisions of the law n ° 78-17 of January 6th, 1978 modified, relative to the computing, the files and the liberties, You have a right of access, interrogation, modification and suppression of the information which concern you, to exercise at any time with PLUSSH either directly on the Site under the heading “FAQ / Contact”, or by mail to the following address: Cap Omega, Roundabout Benjamin Franklin, CS 39521 – 34960 Montpellier Cedex 2, or by email at the following address: contact@plussh.com.

For security reasons and to avoid any fraudulent request, this request must be accompanied by a proof of identity. After processing the request, this proof will be destroyed.

If, during the consultation of the Site, You access personal data, You must refrain from any collection, any unauthorized use and any act that may constitute an infringement of the rights of third persons. PLUSSH disclaims any liability in this regard.

Article 9 – Cookies

The PLUSSH Service can automatically collect standard information through the use of cookies.

PLUSSH also uses a variety of third-party services for hosting the Site, such as Google Analytics.

PLUSSH will be able to automatically collect information such as your IP address, the type of browser and the operating system used, your start-up Internet page, the pages visited, your location, your mobile operator, the identifier of certain devices and applications, search terms used, etc.

This information is stored as a data log and kept for 18 (eighteen) months.

All information collected indirectly will be used only to track the volume, type and configuration of traffic using the Site, to develop the design and layout, for other administrative and planning purposes and more generally to improve PLUSSH service.

From the deactivation of your account, the data as well as the associated content will be preserved for a period of 18 (eighteen) months. Beyond this period, the data will be removed from the PLUSSH servers and your username will be made available again.

You will be able to refuse the use of cookies by modifying the settings of your browser. In this case, some features of the PLUSSH Service may not work.

Article 10 – Termination

In case you wish to cancel your subscription to the PLUSSH Service, You must notify it from your account by sending an email to contact@plussh.com.

PLUSSH may also, at any time, suspend temporarily or permanently the operation of PLUSSH Service, without this entitling you to any compensation.

Article 11 - Declarations, Warranties and Limitation of Warranties

You represent and acknowledge that You have all rights, approvals, licenses, consents and authorizations required to (i) comply with your obligations and the rights of third parties and (ii) grant the licenses provided for in these Terms.

You also declare to use the PLUSSH Service and to comply with the obligations set out in these Terms in accordance with all applicable local, regional, national and international laws, rules and regulations.

You expressly acknowledge and agree that the PLUSSH Service is offered to you as is, without any other express or implied warranty from PLUSSH.

Thus, PLUSSH does not guarantee you against the risks of diversion and / or piracy, in particular, of your videos which You are perfectly informed.

PLUSSH does not warrant that the operation of the PLUSSH Service will be continuous. PLUSSH will not be obliged to allow access to the PLUSSH Service in the event of force majeure, understood as any unforeseeable, irresistible and external event such as strikes, bad weather, wars, embargoes, failures of the electrical network, the internet network, satellites, failure of Internet service providers to their obligations etc.

Article 12 - Applicable law

These Terms of Use are governed by French law and subject to the jurisdiction of the courts of the jurisdiction of the Court of Appeal of Montpellier, subject to a specific attribution of jurisdiction arising from a particular law or regulation.

General terms and conditions of paid subscription services (CGS)

The present general conditions of services (hereinafter “the General Conditions of Services” or “the CGS”) govern the relations between:

PLUSSH, a simplified joint-stock company; with a capital of 10,000 euros whose head office is located ROND POINT BENJAMIN FRANKLIN – OMEGA CAP – CS 39521 – 34960 MONTPELLIER CEDEX 2, registered in the Register of Trade and Companies of Montpellier under the number 814 302 592; publishing the smartphone app “PLUSSH” (hereinafter the “Application”) and the website www.plussh.fr (hereinafter the “Website”)

Hereinafter “PLUSSH” or “We”,

Firstly,

AND

The User of the Application, within the meaning of the General Conditions of Use of said Site, who has subscribed to one of the paid features within the framework of the subscriptions offered by PLUSSH to the professional subscribers, according to the terms stipulated below,

Hereinafter referred to individually or collectively as “Subscriber” or “Subscribers”,

On the other hand.

Preamble

The Subscriber has registered on the Site and, as such, has accepted the General Conditions of Use of said Site, which already form a contract between PLUSSH and the Subscriber and give him access, under the stipulated conditions. , free features of said Site and the Application.

The Subscriber has also chosen to subscribe to one of the paid subscriptions offered by PLUSSH and reserved for professionals (hereinafter “the Subscription”), provided for a fee by PLUSSH and thus to accept the present General Conditions of Services at the time of the subscription. Subscription subscription.

By subscribing to a Subscription, the Subscriber is aware of these General Conditions of Services and agrees to comply with them without any reservation.

These General Conditions of Services constitute a Contractual Document.

These terms and conditions cancel and replace the previously applicable terms and govern the relationship between PLUSSH and its Subscribers. Any other document issued by PLUSSH and especially catalogs, flyers, advertisements, are only informative and indicative.

The fact that PLUSSH does not prevail at a given moment in one of the clauses of these General Conditions of Services can not be interpreted as a waiver of the right to invoke any of these clauses at a later date. The cancellation of a clause of these conditions will not affect the validity of the conditions as a whole.

If the Subscriber refuses to comply with any of the obligations and conditions contained in these General Conditions of Services, he is invited not to subscribe to the Subscription.

Article 1 - Subscription

The Subscriber who wishes to subscribe a Subscription must first be registered as a PLUSSH User and have read and accepted without reservation the Terms of Use.

To subscribe to a Subscription, the User must go to the Subscription page from the Website page accessible from the “My Account” page of the Website.

The User completes the Subscription Form provided for this purpose, accessible online (hereinafter “The Subscription Form”). By completing the Subscription Form, the Subscriber confirms having read these General Conditions of Services and agrees to comply with them without reservation.

Article 2 - Description of the Subscription

The Subscription offers the Subscriber the possibility of benefiting from the PLUSSH Service allowing access to specific functionalities, as defined in the particular conditions of services concluded with PLUSSH.

Article 3 - Duration and modification of the Subscription

The Subscriber who has subscribed a Subscription commits himself for the duration determined in the particular conditions of services, as from his acceptance of the present General Conditions of Services.

At the end of the initial term of the Subscription, it is automatically renewed for the fixed term of the Initial Subscription, unless terminated by one or other of the parties by registered letter with acknowledgment of receipt, three at least before the anniversary date of the current Subscription.

Article 4 - Price, billing conditions and delay or non-payment

4.1. - Prices and means of payment of the Subscription

The cost of the Subscription and the means of payment are mentioned in the particular conditions of services concluded with PLUSSH.

In the case of tacit renewal, the monthly Subscription payments continue as of the anniversary date of the Subscription, as previously agreed.

4.2. – Billing

The Subscription is billed from the date of subscription of the Subscription. The invoice history is available on demand.

4.3. - Delay or failure to pay

Any delay or failure to pay the Subscription will result in sending the Subscriber a notification sent by email, indicating that he has a period of eight (8) days to regularize his situation. During this period, access to the features corresponding to the Subscription may be suspended.

In the absence of payment of all amounts due within this period, the contract may be terminated ipso jure by PLUSSH.

Article 5 - Obligations of the Subscriber

5.1

The Subscriber agrees to comply strictly with the Terms of Use and these General Conditions of Services.

5.2

In the event of a Subscriber’s failure to comply with one or more of these rules, PLUSSH reserves the right to suspend and / or unilaterally terminate the Agreement, to block the account of the Subscriber concerned, to delete the videos at issue, to prevent the publication of all or part of the Subscriber’s profile, and / or block its access to all or part of the Service, temporarily or permanently, without the Subscriber being able to file any claim or claim for compensation; no kind.

5.3

The Subscriber accesses and connects to the services by means of the passwords given to him by our organization. The Subscriber is responsible for the safeguarding and confidentiality of all his passwords. He will assume full responsibility for any breach thereof and will have to bear the financial consequences of operations made under the said code, except to demonstrate, cumulatively, his lack of responsibility and a fault of PLUSSH.

Article 6 - Obligations of PLUSSH

6.1

The contract is deemed to be concluded on the day of the signature of the special conditions of service concluded between PLUSSH and the Subscriber. Any total or partial cancellation or quantitative or qualitative modification of the concluded contract can not be accepted. They may, in the event of express acceptance by PLUSSH, result in an increase in the prices charged and a renegotiation of the conditions of performance of the services.

6.2

PLUSSH undertakes to provide the PLUSSH Service selected by the Subscriber and as described in the particular terms of service between PLUSSH and the Subscriber.

6.3

PLUSSH will provide the services for the quantities, and for the period defined in the contract. Turnaround times are indicative based on technical feasibility and Subscriber’s requests, unless expressly committed on firm dates between PLUSSH and the Subscriber. In the absence of such an undertaking, the deadline overruns may not give rise to damages, withholding or cancellation of contracts or services in progress. PLUSSH undertakes however to inform the Subscriber of any delay in the execution deadlines. PLUSSH est autorisé à fournir ses prestations de façon globale ou partielle.

6.4

If the realization of the service is delayed by the Subscriber or a third party, PLUSSH declines all responsibility subsequent to the delay which will never be able to express agreement, give rise to indemnities. PLUSSH reserves the right to modify the characteristics of its services according to the technical evolution of the modes of execution of its services.

6.5

PLUSSH retains full discretion in the execution of any updates and remains free to change the functionality of its Software (application PLUSSH, etc …) and its Website without prior notice to the Subscriber as this does not generates no degradation of service or loss of data or functionality.

6.6

In order to preserve the efficiency and security of the service, PLUSSH reserves the right to suspend access to it. The lifting of the suspension will take place after verification of the conformity of the service. PLUSSH is committed to ensuring a level of security compatible with the technical standards of the profession. PLUSSH, bound to an obligation of means of computer security, can not guarantee the absence of modification, intrusion, alteration, unavailability of the service operated by a third party (person, virus …).

6.7

In case the Subscriber does not fully respect the General Conditions of Use and the General Conditions of Services, PLUSSH is totally released from its obligations towards the Subscriber.

Article 7 - Liability

7.1

PLUSSH undertakes to carry out, in accordance with the standards and regulations in force, the obligations defined in the contract. The obligations contracted by PLUSSH are obligations of means. In addition, PLUSSH undertakes not to interfere in the subscriber’s commercial choices.

7.2

Complaints about the non-compliance of the delivered services with the services ordered must be made in writing within five (5) days of the execution of the services.

7.3

In case of non-compliance duly recognized by PLUSSH, the obligation of the latter will be limited to replacement by an equivalent service. It is up to the Subscriber to provide any justification as to the reality of the anomalies noted. It will have to leave PLUSSH any facility to proceed to the observation of the anomalies.

7.4

When PLUSSH’s liability is incurred as a result of a fault on its part, the repair applies only to direct, personal and certain damages that the Subscriber has suffered to the express exclusion of the repair of all indirect and immaterial damage and / or loss, such as financial damage, damage to the image, etc. The amount of the damages that PLUSSH may be required to pay under the aforementioned conditions is in any case limited to the amount of price specified in the contract for the services in question.

7.5

One party can not engage the responsibility of the other party and its obligations would be suspended in the event that a case of force majeure occurs. Force majeure means any event rendering the performance of an obligation impossible or obviously more difficult because of the unforeseeable or irresistible or external nature of the event, these three criteria being alternative, such as wars, riots, fires, floods, total or partial strikes, paralysis of road or other road transport, disruptions of energy supply (EDF, GDF, Oil …), blockages of telecommunications and computer networks, change of regulations, delays or failure in the intervention external partners such as suppliers or subcontractors … as well as any other event considered by law or case law as a case of force majeure. Each party may terminate the benefits in question by registered letter with acknowledgment of receipt in the event that a case of force majeure continues for more than 30 days. PLUSSH must then be duly paid for all services performed and costs incurred in the execution of special conditions.

7.6

PLUSSH can not be held responsible for damages, temporary or permanent, nor losses that would be suffered in particular   following   access or navigation on its Website, on the   network or its Software (PLUSSH application, etc …). PLUSSH is not involved in any dispute that may arise between the Subscriber and any electronic communications intermediary. PLUSSH therefore assumes no responsibility for the transport of information and data, videos, etc … (Internet network). Similarly, PLUSSH is not responsible for a consequence of a security defect (hardware or software) of the connection terminal (computer, mobile phone, digital tablet, etc …) provided by third parties and / or used by the user. ‘Subscriber and end users. More generally, PLUSSH can not be held responsible for items beyond its control and any damage that may be suffered by the technical environment of the Subscriber and end users, including its computers, software, network equipment (modems , telephones …) and any material used to access / or use the services.

7.7

Subscriber’s use of the services, either on their own or in combination with other services, products or merchandise will be at the Subscriber’s own risk. The Subscriber undertakes to use the services in accordance with the regulations in force and to comply with all of its legal obligations.   Has   competent administrations and its own customers. PLUSSH can not be held responsible for errors attributable to the Subscriber and the harmful consequences of any decision made by the Subscriber or by a third party designated by Subscriber.

7.8

The implementation and dissemination on the Website of the Content by the Subscriber is under sole responsibility.

The Subscriber acknowledges and declares that he holds all the intellectual property rights, licenses, consents and authorizations necessary for the distribution on the Website of all his Contents (including live videos and replay, logos, videos teaser (hanging), etc …) and this for the duration of their dissemination and representation on the Website.

The Subscriber undertakes therefore not to put on line or distribute Content containing elements that the Subscriber is not legally authorized to hold, or over which third parties hold rights, such as right of ownership, right respect for privacy, right to the image, etc …

The Subscriber remains responsible for the respect of the conditions of implementation and diffusion of its Contents on the Website and guarantees PLUSSH against any action in justice which would have its source in the non-respect of its obligations.

The Subscriber thus remains solely responsible for the operation of his business and for complying with the commercial regulations and specific regulations applicable to his business and the products he markets.

It is reminded that the responsibility of PLUSSH can not in any case be engaged because of the management of the Subscriber, its actions or its debts towards third parties and in particular during the occasion of contracts made with its customers using benefits.

As such, the Subscriber will take out all the necessary insurance and will subscribe in particular an insurance covering his professional civil liability for all actions resulting from the operation of his activity.

Article 8 – Data processing

8.1

As the parties may collect personal data within the meaning of the “Information and Freedoms” law, the party concerned undertakes to make a declaration to the CNIL as responsible for the processing of personal data. The party concerned is responsible for the respect of the obligations arising from the law regarding the collection and processing of personal data made during the service if necessary. For Subscriber’s proprietary data and provided that PLUSSH is only the provider of the technical solution to the Subscriber, PLUSSH can in no way be held liable in case of no achievement applicable formalities. Subscriber acknowledges that PLUSSH has duly informed him of the need to comply with these obligations.

8.2

The Subscriber undertakes to transmit to PLUSSH exact information and expressly authorizes him to use his intellectual property rights on the supports defined in the contract. The Subscriber guarantees to PLUSSH that the data used in the performance of the services are not in breach of public order and morality and that he is the sole owner of the data used within the framework of the performance of the services or, failing that, the prior written consent of the holders of such data (intellectual property rights, rights to the image of persons or goods, fair trading   ….   ).

The Subscriber remains responsible for the Content and the accuracy of the information he transmits to PLUSSH and guarantees the latter against any legal action that originated in the said information. The Subscriber therefore guarantees PLUSSH against all disturbances, claims, claims and evictions and will compensate PLUSSH for the full prejudice, direct and indirect, that it may suffer as a result of the claims of a third party. In the event of a complaint from a third party concerning the use of these rights, PLUSSH may temporarily suspend access to the data without any compensation being claimed in this respect, until the dispute between the partner and the third party are definitively resolved.

8.3

The use of data and Content of the Subscriber (videos, photographs, textual content, advertising …) will be made at the risk and peril of the Subscriber. The Subscriber undertakes to use the data in accordance with the regulations in force, in particular the provisions of the Intellectual Property Code and to respect all of its legal obligations towards its own customers, especially the law of the consumption.

8.4

Unless stipulated otherwise, the services, studies, projects, models and documents of any kind made, given or sent by PLUSSH remain its property. PLUSSH retains the intellectual property of its creations (know-how, copyrights, trademarks, designs, patentable inventions, …) that can not be used, represented, communicated, executed adapted or translated without its prior written authorization or particular clause of the contract.

Article 9 – Collaboration – Indépendence

9.1

All the obligations of PLUSSH can only be realized in close collaboration with the competent services of the Subscriber and according to the information that will be communicated to PLUSSH by the latter. The Subscriber therefore undertakes to make every effort to facilitate the availability of these services with regard to PLUSSH, in order to enable the latter to carry out its mission in the best conditions.

If during the execution of the contract, the Subscriber is asked by PLUSSH to give his agreement, he must make known his answer without delay. Any delay will be charged to the delivery periods agreed in the special conditions. In any case, failing response within the time limits defined in the special conditions or, failing this, within 5 days in writing, the service will be suspended at the expense and risk of the Subscriber.

9.2

The parties will execute the present contract independently and will make their personal business of all the obligations and formalities that will result from their activity and, in particular, the administrative, social and fiscal obligations and formalities. The PLUSSH staff responsible for performing the services covered by this contract will remain under the hierarchical and technical responsibility of PLUSSH.

If during the execution of the contract, the Subscriber is asked by PLUSSH to give his agreement, he must make known his answer without delay. Any delay will be charged to the delivery periods agreed in the special conditions. In any case, failing response within the time limits defined in the special conditions or, failing this, within 5 days in writing, the service will be suspended at the expense and risk of the Subscriber.

9.3

One party is not authorized to assume or create obligations on behalf of the other party and undertakes not to undertake any action likely to create in its regard the appearance of such authorization.

Article 10 – Confidentiality

10.1

All secrets or manufacturing or business processes, as well as any specifications, financial, commercial or technical information, know-how, reports or other   information of any kind relating directly or indirectly to the affairs of the parties that may be communicated by one of them to the other for the purposes of the negotiation and execution of these presents or of which they become aware on that occasion, shall, both in the course of their contractual relations and after their termination, kept strictly confidential by each of the parties, who shall, in addition, refrain from disclosing them in any manner or for any reason whatsoever and using them for any purpose other than those provided herein. The parties undertake to take all necessary measures to ensure compliance with the obligations arising from this provision by all agents, employees or agents representatives and partners.

10.2

The Subscriber acknowledges the right of PLUSSH to appear on its advertising documents or to indicate to all third parties the name or any other distinctive sign of the Subscriber during and after the performance of the services for the promotion of his activity.

Article 11 - Modification of the General Conditions of Services

These General Conditions of Services may be modified by PLUSSH at any time without notice. The Subscriber is therefore invited to regularly consult their latest updated version, available to all and permanently accessible on the homepage of the Site by clicking on the link “General Conditions of Services”.

The modified General Conditions of Services will come into effect as from the moment they are put online and will automatically apply.

Article 12 - Applicable law - jurisdiction

The conclusion, interpretation and validity of these General Conditions of Services are governed by French law. In case of difficulty of interpretation, the version in French language prevails over any other version in another language. The parties will endeavor to resolve amicably disputes that may arise from the interpretation, execution and / or termination of this contract within 8 days of the date of occurrence of said disputes. In the absence of an amicable agreement, any dispute relating to these presents will, subject to the provisions of public policy applicable in matters of jurisdiction, the jurisdiction of the courts within the jurisdiction of the registered office of PLUSSH, even in the event of summary judgment, collateral appeal or multiple defendants, with the exclusive jurisdiction of intellectual property rights.