What is Internal Communications vs. Employee Communication: The Ultimate Guide How is internal communication different from employee communication? What’s the… Read more
What Is an Employee Advocacy Program? The Ultimate Guide What is employee advocacy and how can a structured program… Read more
Here’s what the pros think about Sociabble Discover what market experts, our clients and communication leaders say… Read more
Welcome to Sociabble services, online services that includes websites, mobile applications and others technology for employee advocacy and communications (hereinafter collectively the “Platform” or the “Services”), owned by Sociabble SAS and operated by Sociabble SAS and its affiliates (hereinafter “Sociabble”). The present Terms of Use (the “Terms”) govern, without prejudice of any applicable legal provisions, the use by any employees of a company that has purchased Sociabble’s Platform (thereafter “Customer”) and/or other invited users, authorized by Customer (collectively referred as “Users”) of Customer’s Platform. In addition to these Terms, Sociabble may provide Users with additional policies and terms that are tailored to how the Platform is used. Sociabble urge the Users to review any such additional policies and terms, and to contact its company (the Customer) should the Users have any questions. Please read Sociabble’s Privacy Policy carefully for information relating to the collection, use, storage, disclosure of Users’ personal information. Sociabble’s Privacy Policy is incorporated by reference into, and made a part of, these Terms. BY CLICKING “I ACCEPT THE PRIVACY POLICY AND TERMS OF USE OF THE PLATFORM”, ACCESSING AND USING THE SERVICES IN ANY MANNER, THE USERS ARE ACCEPTING AND AGREEING TO BE BOUND BY THESE TERMS. IF THE USERS DO NOT UNCONDITIONALLY ACCEPT THIS TERMS IN ITS ENTIRETY, THE USERS SHALL NOT (AND SHALL HAVE NO RIGHT TO) ACCESS OR USE THE PLATFORM. Sociabble reserves the right to amend these Terms and the Privacy Policy at any time and without notice. When we update these Terms, we will revise the “Effective date” above and post the new Terms online, make it available through the Platform. We encourage the Users to regularly check back on this page. If Users object to any changes, they may close their account. The continued use of the Platform after Sociabble publishes or sends a notice about changes to these Terms equals consent from Users to the updated Terms. Overview 1.1 The Platform is an employee communication platform that enables Users to create engagement towards Customer by creating content and releasing, for instance, posts on social media networks. 1.2 Upon acceptation of the present Terms, Users are allowed to visualize the social media content of Customer and to share it on their own social networks’ account if and only if, they have decided to connect their social network’s account to the Platform. Use of the Platform 2.1 User’s use of the Platform, as authorized by Customer, is subject to these Terms, as well as any additional policies and terms provided by Customer. Sociabble or Customer may permanently or temporarily terminate, suspend, or otherwise refuse to permit a User access to the Platform without notice and liability, if, in their respective determination, the User violates any of these Terms. 2.2 Users are fully and exclusively responsible for maintaining the confidentiality of their account and shall not share their access credentials to the Platform (including passwords) with any other person and, Customer shall limit the access to the Platform only to its Users. Sociabble shall not be responsible for any illegal or fraudulent use of Users’ credentials and Users shall notify Sociabble or Customer without delay, upon becoming aware of any suspicion or allegation of unauthorized, fraudulent, or illegal use of the Platform or illegal content appearing on it. 2.3 Sociabble reserves the right to make any necessary modification and improvement to the Services. Prohibited conduct 3.1 If Users are prohibited under applicable law from using the Services, Users may not use it. Users may not use the Services on behalf of any third-party, or in a service bureau or similar capacity. 3.2 Except as expressly permitted under these Terms, Customer and/or Users shall not directly or indirectly do any of the following: access, use, sell, distribute, sublicense, broadcast, or commercially exploit the Services or any rights under these Terms, including without limitation any access or use of the Services beyond the scope specified in these Terms (such as for any third-parties on a rental or sharing basis); use the Services for any illegal purpose or in violation of any local, state, national, or international law; introduce any infringing, obscene, libelous, or otherwise unlawful data or material into the Services; interfere with security-related features of the Services, including by: (i) disabling or circumventing features that prevent or limit use or copying of any content; (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Services except to the extent that the activity is expressly permitted by applicable law; or (iii) hacking, password “mining” or using any other illegitimate means of interference; copy, modify, or prepare derivative works based on the Services; remove, obscure, or alter any intellectual property rights or confidentiality notices or legends appearing in or on any aspect of the Services; violate, or encourage others to violate, any right of a third-party, including by infringing or misappropriating any third-party’ intellectual property right. User Content 4.1 Definition. Certain features of the Services may permit Users to upload content to the Services, including social media posts and other content which may be comprised of messages, reviews, photos, video, images, data, text, and other types of works (“User Content”) and to publish User Content on the Services. 4.2 User Content warranties and representations. By using the Services, Users warrant not to post and create: any inappropriate, offensive, or illegal content (including without limitation discrimination based on race, gender, colour or any other form of discrimination, child abuse images, child pornography, illegal activities, or terrorist-related material); any violent or pornographic content; content that constitute a breach of any third-parties’ rights, such as (i) 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 Customer would not have personally directed or for which the Customer would not have the required authorizations from the third parties or from the performing and collective rights societies, owners of the rights) ; (ii) an infringement upon health, dignity and privacy of third-parties (i.e. defamatory, insults, offenses). 4.3 Disclaimer. Sociabble is under no obligation to edit or control User Content posted or published and will not be in any way responsible or liable for User Content. Sociabble may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that violates these Terms or is otherwise objectionable. Customer and Users understand that when using the Services, they will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against Sociabble with respect to User Content. Licenses and Proprietary Rights 5.1 Proprietary rights. The Services are owned and operated by Sociabble. The visual interfaces, graphics, design, information, data and all other elements of the Services (the “Materials”) provided by Sociabble are protected by intellectual property. However, Sociabble grants Customer a non-exclusive, non-transferable, worldwide right to access and use the Services for the duration specified in the applicable quote. 5.2 Licenses. The Customer retain any copyright and/or proprietary right on the User Content posted on the Services. However, by providing the User Content to or through the Services, Customer agrees to grant Sociabble a non-exclusive, non-transferable, worldwide right to host, store, display and distribute the User Content, in whole or in parts, through any social media networks the Users registered to with their account. Personal data 6.1 The Users’ personal data are exclusively collected for the Services and are not subject to any communication to third-parties unless Users have, beforehand, agreed to it. Sociabble does not sell the personal data to any third-party. 6.2 In compliance with The General Data Protection Regulation 2016/679 (“GDPR”), the User’s rights over privacy and personal data are detailed in Sociabble’s Privacy Policy. 6.3 The Users are informed that, their 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 Sociabble. Interruption of the Services 7.1 The Services are available to Customer for the subscription period determined in the applicable quote unless terminated before, and is provided to Customer subject to the fees determined in the applicable quote. 7.2 Sociabble reserves the right to suspend Customer and User’s access and/or use of the Services if (i) Sociabble becomes aware of any infringement of the applicable legislation by Customer and/or Users of the present Terms and (ii) if Customer is in default of payment of the subscription fees within the payment term. In such a case, Sociabble reserves the right to suspend without refund, the access of Customer or Users, temporarily or permanently. Third-party websites 8.1 Sociabble provides tools through the Services that enable Users to import and export information, including User Content, to and from third-party services, including through features that allow Users to link their account on Sociabble with an account of a third-party social network service (such as Twitter or Facebook). By using one of these tools, Users agree that Sociabble may transfer that information to and from the applicable third-party service and to be bound by the terms of use of such third parties’ networks when connecting their Sociabble account to these third-parties’ networks. For instance and without limitation, Users might be asked to accept the terms of use of the following third-parties’ network: (i) YouTube Terms of Service; (ii) Twitter Terms of Service; (iii) LinkedIn User Agreement and; (iv) Facebook Terms of Service. 8.2 The Services may also contain links to third-party websites. Linked websites are not under Sociabble control, and Sociabble is not responsible for their content. 8.3 Sociabble reserves the right to apply functional improvement based on any change of policy made by third party API providers. Indemnity Customer will indemnify, defend and hold Sociabble harmless from and against all claims, actions, liabilities, losses, expenses, damages and costs (including, without limitation, reasonable attorney’s fees) by reason of any allegations, claims, suits or proceedings brought by a third-party arising out or relating to any (i) User Content or the use of any content obtained by Customer and/or the Users through the Services; or (ii) breach by Customer and/or Users of any covenant, representation, warranty or other term and conditions of this Terms. Warranties THE EXPRESS WARRANTIES SET FORTH IN THESE TERMS ARE THE SOLE WARRANTIES PROVIDED BY SOCIABBLE HEREUNDER. SOCIABBLE SPECIFICALLY DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL OTHER WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, ORAL OR WRITTEN, WITH RESPECT TO THE SERVICES OR ANY OTHER ITEMS OR SERVICES COVERED BY OR FURNISHED UNDER THESE TERMS, INCLUDING WITHOUT LIMITATION ANY EXPRESS, IMPLIED OR STATUTORY WARRANTY (I) OF MERCHANTABILITY; (II) OF FITNESS FOR A PARTICULAR PURPOSE; OR (III) ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE. SOCIABBLE DOES NOT WARRANT THAT ANY ITEMS OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. Limitation of liability 11.1 Customer is solely responsible for (i) its use of the Services and notably of the content stored and made publicly available through the Services; (ii) the protection of its computer hardware against any virus or intrusion. 11.2 Neither party will be liable to the other party, or any third-party claiming through the other party, for indirect loss or damage, lost profits, arising out of the subject matter of these Terms. To the maximum extent permitted by law, each Party’s total liability, for whatever cause, whether in an action in contract or in tort or otherwise, shall in no event exceed an amount equal to the aggregate of all fees paid by Customer to Sociabble under the applicable quote during the twelve-month immediately preceding the event giving rise to the occurred damage. Miscellaneous 12.1 Governing law and jurisdiction 12.1.1 Depending on which entity of Sociabble, Customer is contracting with, these Terms shall be governed by, subject to, and interpreted in accordance with the laws designed by the applicable quote signed by Customer. 12.1.2 To resolve the disputes between Users and Sociabble in the most expedient way and cost-effective manner, prior written notice (the “Notice”) of the dispute shall be given by the disputing party to the other. The parties will attempt in good faith to resolve each dispute within thirty (30) days from the delivery of the Notice by negotiations between the parties. If the dispute has not been resolved within such thirty (30) days, it will be referred to a mediator appointed by both parties. If mediation fails, then the dispute shall be submitted to the competent court according to the below section 12.1.3. 12.1.3 Depending on the entity of Sociabble in dispute, the parties hereby irrevocably consent to the exclusive jurisdiction designed by the applicable quote signed by Customer. 12.2 Contact. Sociabble may be contacted directly online via the section “Contact us” of the Platform or by mail at the following address: 22 rue Chapon 75003 PARIS. 12.3 Severability. If one of the provisions of the present Terms is declared invalid or non-invocable for any reason, the other provisions will remain applicable without any change. 12.4 Corporate information. The Service is offered by Sociabble SAS with a capital of 2 437 960€, located 22 rue Chapon 75003 Paris, registered at the Companies and Societies Registry of Paris under the number 492 054 937.