Article 1 – General Information
The Company BRAINSONIC SAS with a capital of 374 268 euros, with the principal place of business at 28 rue Meslay 75003 Paris, registered at the Companies and Societies Registry of Paris under the number 448 567 867 (thereafter referred to as « BRAINSONIC ») exploits, in France, a website, called Sociabble which enables users to visualize the social media content of their company and to share it on their own social networks pages.
The present general terms and conditions of use (the « Terms and Conditions ») are governing, without prejudice of any applicable legal provisions, the use by any corporate entity or physical person (thereafter « the Client ») of the Sociabble Service, excluding any other general terms and conditions applying the other services offered by Sociabble.
Article 2 – Description of Sociabble
The Sociabble service is a service offered and exploited by Brainsonic enabling the Client, after its acceptation of the present Terms and Conditions, to visualize the social media content of their company and to share it on their own social networks pages.
The main features of the Sociabble service are the following
* Company Social Media feeds visualization
* Share this content on their own social networks pages
The Sociabble Service does not include in any way the production and the direction by BRAINSONIC of any Content on the behalf of the Client. The Sociabble Service is available for the Client until the termination of its subscription to the Sociabble Service, in the conditions defined in the article 8.3.
Article 3 – Conditions of access and use of the Sociabble Service
3.a Conditions of access
The access and the use of the Sociabble Service is only possible through the Site, available through the Internet network on any support of electronic communication such as computers and mobile phones.
The access to the Sociabble Service is reserved to the corporate entities and the over 18 physical persons legally capable, being specified that the Client is responsible for the use which may be done of the Sociabble Service.
If the Client is a corporate entity, it is understood that the person accessing the Site and/ or using the Sociabble Service guarantees BRAINSONIC that it holds the full authority to accept the present Terms and Conditions in the name of the entity for which it uses the Sociabble Service.
The access to the Sociabble Service granted to the Client in the scope of the present Terms and Conditions is personal, non assignable and nontransferable.
To register to the Sociabble Service, any entity or person shall:
* Create an account on the Site using its personal login or the Yammer login functionality
Once its request for registration is validated, the Client will receive a notification or a Yammer notification (depending on the Yammer’s user notification parameters) .Subject to the other stipulations of the present Terms and Conditions, the registration to the Sociabble Service gets effective only when BRAINSONIC addresses the above mentioned e-mail of confirmation. BRAINSONIC advises the Client to keep this e-mail and/ or to print it.
The Client undertakes to communicate exact details and information to BRAINSONIC, and to update them as changes go along.
The Client is fully and exclusively responsible for the necessary passwords to the use of the Sociabble Service. BRAINSONIC excludes itself from any responsibility for any illegal or fraudulent use of the passwords made available to the Client. The supply of the passwords is considered as confidential. Any suspicion of a disclosure, intentional or not, of the passwords given, engages the sole responsibility of the Client, excluding BRAINSONIC’s liability.
3.b Conditions of use
The Client undertakes neither to (i) act in a way that would disturb or disrupt the Sociabble Service, nor to (ii) use the Sociabble Service in any illegal or unlawful manner.
As a consequence, the Client represents and warrants that:
i. The Content does not constitute a public order offence or an offence to good manners, notably by the promotion to crime and torts, incitement to racial hatred or suicide, apology of crimes against humanity, or includes children pornography’s elements ;
ii. Any violent or pornographic Content is not likely to be available to underage ;
iii. The Content and/ or its hosting and its broadcasting does not constitute breach of any third parties rights, notably (a) a violation of intellectual property rights of third parties (principally videos, tv shows, short, medium and/ or full length films, animated or not, advertisements, that the Client would not have personally directed or for which the Client would not have the required authorizations from the third parties of from the performing and collective rights societies, owners of the rights on these) ; (b) an infringement upon health, dignity and privacy of third parties (principally defamation, insults, offenses);
iv. It is reminded that according to the applicable legislation, BRAINSONIC is neither subject to a general prior monitoring obligation of the Content hosted on the Sociabble Service, nor to a general obligation to search for facts or circumstances revealing illegal activities.
Nevertheless, in accordance to the applicable regulations, BRAINSONIC may (i) remove any illegal Content transmitted and/ or stored through the Sociabble Service once having been notified of it, being understood that the Client is fully responsible for the Content, (ii) notify to the Client any claim arising out of its use of the Sociabble Service, and (iii) provide personal data of the Client upon request of the relevant authorities.
BRAINSONIC reserves the right to suspend the Client’s access and/or Client’s use of the Sociabble if BRAINSONIC becomes aware of any infringement of the applicable legislation by the Client or of the present Terms and Conditions.
The Sociabble Service is only supplied on a base « as is ». However, BRAINSONIC reserves the right to bring to the Sociabble all the modifications and improvements of its choice. Furthermore, it is understood that the Site is in principle available 24/24h, 7/7d, except interruption, scheduled or not, for the needs of its maintenance or force major case. BAINSONIC reserves the right to apply functional modifications based on Policy changes from third party API providers.The Client acknowledges and agrees that BRAINSONIC is not liable for this matter, and it waives any claim and/ or procedure against BRAINSONIC.
BRAINSONIC also reserves the right, without indemnity and/ or refund, to put a definitive end to the Sociabble Service. Any definitive closing of the Service will be notified through the Site at the minimum of 1 (one) month before it occurs.
Article 4 – Costs of use and payment
The costs of use of the Sociabble Service are indicated on the Site in euros and without taxes.
Subject to a prior notification of at least 30 (thirty) days to the Client sent by BRAINSONIC by e-mail, BRAINSONIC can modify the costs of use of the Sociabble Service, at any moment. In this case, the Client who does not accept this rise of fees will be able to terminate its registration to the Sociabble Service from its account on the Site as indicated in the article 8.3.
It is reminded that the connection and communication costs (Internet) linked to the use of the Sociabble Service are not borne by BRAINSONIC and remain at the charge of the Client.
Article 5 – Licences
BRAINSONIC grants to the Client a worldwide licence of use of the Sociabble Service which is limited, dismissible, nontransferable, non exclusive. Any right non explicitly granted to the Client is reserved by BRAINSONIC.
BRAINSONIC holds all rights related to the Site and in a general way, to the Sociabble Service. The Terms and Conditions do not transfer to the Client any right on the Sociabble Service, but simply a limited and dismissible licence according to the provisions of the present article. Unless explicit authorization from BRAINSONIC, the Client is not allowed to: (a) grant a sublicence, resell, transfer, concede, broadcast, commercially exploit or make available to any third party in any way all or a part of the Sociabble Service, or (b) modify or direct derivated works on the basis of the Sociabble Service, or modify or decompile the Sociabble Service.
Article 6 – Responsibility
It is understood that the Client is solely responsible for (i) its use of the Sociabble Service and notably of the Content it stores and makes available to the public through the Sociabble Service; (ii) the protection of its computer hardware against any virus or intrusion. It is understood that the Client is solely responsible for (i) its use of the Sociabble Service and notably of the Content it stores and makes available to the public through the Sociabble Service; (ii) the protection of its computer hardware against any virus or intrusion.
Unless contrary mention in the present Terms and Conditions, BRAINSONIC does not grant any guarantee of any kind to the Client, whether expressly or implicitly, in any domain, including and notably an adequacy guarantee to a particular purpose
In addition, the Client undertakes to take care of any third party complaint, claim or objection, and more generally any third party action or procedure against BRAINSONIC f arising out of its use of the Sociabble Service.
Article 7 – Personal Data
The Client’s personal data are exclusively intended for BRAINSONIC and are not subject to any communication to third parties, unless the Client beforehand agreed to it.
BRAINSONIC will be able, if the Client beforehand agreed to it, to use the Client data on the occasion of the shipment of information letters, from which he/she will be able to resign at any time.
In accordance with the provisions of the french law on Information Technology and Civil Liberties n°78-17 dated the 6th January 1978, it is understood that the Client may, at any time, access and/ or rectify its information, directly online in the section « Modify my personal data » of the Site.
The Client is informed that its personal data may be disclosed in accordance with a law, regulation, or in accordance with the decision of a relevant regulatory or judicial authority, or in case of judicial proceedings if considered as necessary by BRAINSONIC.
Article 8 – Absence of any right of revocation – term – termination
8.1 Absence of any right of revocation for physical persons
In accordance with the provisions of the article L. 121-20-2 1° of the french Consumer Code, the Client, physical person, acknowledges and expressly agrees that (i) the providing of the Sociabble Service begins from the validation of its registration to the Site, that occurs before the end of the seven open day period foreseen in the Consumer Code and (ii) acknowledges and agrees consequently to not benefit of the right of revocation related to the online sale. As a consequence, no request for revocation, cancellation or refund will be admissible.
The access to the Sociabble Service is granted to the Client for an indeterminate period from the acceptance of the Terms and Conditions, subject to termination decided by the Client or by BRAINSONIC in the conditions described in the article 8.3.
Testing or discovery offers, with variable durations, of the Sociabble Service may be offered by BRAINSONIC, in a temporary way or not. Unless contrary indication, these offers will be subject to the present Terms and Conditions.
Unless contrary indication on the Site and unless termination by the Client according to the provisions of the article 8.3, any testing or discovery offeris transformed into a final registration, at the end of the term of the said offer, giving the Client an access and a use of the Sociabble Service in accordance with the applicable costs of use available on the Site.
In the case the Client would like to terminate its subscription to the Sociabble Service, the Client shall notify it through the “Contact Us” form on the website.
Such termination will come into effect within 2 (two) open days from the notification made by the Client, being understood that the subscription already paid won’t be refund to him.
It is specified that the whole of the amounts received by BRAINSONIC for the use of the Sociabble Service made before the date of termination by the Client will definitely remain acquired by BRAINSONIC.
Furthermore, in case of a cessation of the Sociabble Service or of a non-respect of the Terms and Conditions by the Client, BRAINSONIC reserves the right to suspend, immediately and without advance notice or refund, the access of a Client to the Sociabble Service, temporarily or permanently, by deactivation of its account and this without prejudice to any other rights of BRAINSONIC.
Article 9 – Amendments of the present Terms and Conditions
Subject to prior notice to the Client at least 30 (thirty) days before their online use of the Site, BRAINSONIC may modify all or a part of the Terms and Conditions, at any time and at its sole discretion, being understood that in the case the Client did not approve these amendments, such Client is free to terminate its access to the Sociabble Service as indicated in the article 8.3. In the absence of termination, the new Terms and Conditions will be applicable as soon as they will be available on the Site.
Article 10 – Customer Service
For any information, BRAINSONIC may be contacted directly online on the Site among the section « Contact us » or by mail at the following address :
28 rue Meslay 75003 Paris FRANCE
Article 11 – Generalities
11.1. If one of the provisions of the present Terms and Conditions is declared invalid or non-invocable for any reason, the other provisions will remain applicable without any change. 12.1. If one of the
provisions of the present Terms and Conditions is declared invalid or non-invocable for any reason, the other provisions will remain applicable without any change.
11.2. The present Terms and Conditions are subject to the French law. In case of dispute, the parties will seek an amicable solution before any judicial action. In case of failure of these attempts, any contestation of the validity, interpretation and/ or execution of the present Terms and Conditions shall be made, even in case of plurality of the defendants or in case of indemnifying third parties, to the French jurisdictions.
11.3. All the provisions hereby which, by nature, extend beyond the termination of the present Terms and Conditions, remain effective as long as they are not executed and they apply to the respective heirs and assigns.
11.4. The acceptance by the Client of the present Terms and Conditions constitutes the global agreement between the parties regarding the related matters and prevails on any other prior agreement concluded between the parties relatively to the same matters and, unless contrary specification in the present document, it may not be modified without the written consent signed by a representative empowered by the two parties.