The company CONTENT TO EMOTION, a simplified joint-stock company, with a capital of 18,500 Euros, registered under the number of SIREN 511 423 899 whose registered office is located at 13-14 rue Taitbout – 75009 PARIS (Hereinafter CONTENT TO EMOTION) a digital solution allowing its CUSTOMERS to create, update, publish and manage innovative videos from CONTENT of all forms directly downloaded by them or for them on the 2EMOTION PLATFORM.
To create their VIDEOS, CUSTOMERS can either use the 2EMOTION PLATFORM to download the CONTENTS, which will then be assembled and compiled to design a VIDEO, or mandate CONTENT TO EMOTION to do it for them. Once these VIDEOS have been created, CUSTOMERS can update them, translate them, and publish them on the RECEPTION PLATFORMS (websites, social networks, and all other digital platforms), via the 2EMOTION PLATFORM which hosts said VIDEOS. This publication can be manual or automatic. In the case of an automatic publication, any modification made to the VIDEO and validated on the 2EMOTION PLATFORM for the CUSTOMER, will automatically modify the VIDEO published on the RECEPTION PLATFORMS.
These General Conditions of Service (hereinafter “CGS”), established in accordance with article L.441-6 of the French Commercial Code are automatically applicable to the SERVICE provided by CONTENT TO EMOTION to its CUSTOMERS as part of its activity. They prevail over any other general conditions of purchase except application of the provisions of public order of the Public Procurement Code.
CONTENT TO EMOTION reserves the right to modify the present Reseller Service GT&C as well as the prices of its SERVICE at any time. The modifications of the present Reseller Service GT&C will be the subject of information published by email to the CLIENT. This modification will come into force one month after sending to the CUSTOMER of the new contractual and / or tariff provisions, except written refusal of the CUSTOMER by simple email to the address: email@example.com, refusal which will involve the termination of right and free of these CGS.
By express agreement, the signing of the SPECIAL CONDITIONS as defined below and of the present Reseller Service GT&C entails acceptance as a means of proof of electronic communications (e-mails – emails, etc.) exchanged between the PARTIES. The printing of these electronic communications is considered as an original writing authentic between the PARTIES.
In the context of the present Reseller Service GT&C , the following terms will have the meaning given below:
“CUSTOMER”: designates the natural or legal person contracting with CONTENT TO EMOTION in the context of their professional activity.
“ACCOUNT”: designates the access portal to the 2EMOTION PLATFORM and the associated SERVICE reserved for the CUSTOMER, accessible from the site www.2emotion.com. This access is made through the login tab and the CLIENT IDENTIFIERS.
“CONTENT”: designates all the elements, of all kinds, uploaded by the CUSTOMER to the 2EMOTION PLATFORM, to create their VIDEO. This CONTENT may in particular be videos, photographs, hypertext links, texts, or any other content of any kind.
“CONTRACT”: designates the contractual whole formed by these General Conditions of Service (CGS), the SPECIAL CONDITIONS, as well as their possible Appendices.
“SPECIAL CONDITIONS”: means the commercial document (estimate, commercial proposal) attached to these CGS, and fixing the identity of the CUSTOMER as well as the various options selected for the SERVICE (mode of license, duration of engagement, financial conditions etc. .)
“IDENTIFIER”: designates the confidential identification code and password allowing access to the ACCOUNT. These IDENTIFIERS are provided by CONTENT TO EMOTION and are for the exclusive use of the CUSTOMER who is solely responsible for them.
“FULL SERVICE MODE” designates the specific case where the CUSTOMER does not access the 2EMOTION PLATFORM and mandates CONTENT TO EMOTION to directly create VIDEOS on their instructions from the CONTENT provided.
“PLATFORM 2EMOTION”: designates the platform offering the SERVICE of automatic generation of VIDEOS developed by the company CONTENT TO EMOTION, which is a professional solution for creating, updating, publishing and monitoring commercial videos hosted by CONTENT TO EMOTION .
“RECEPTION PLATFORM”: designates the digital platform (website, social network, and any other type of digital platform) on which the CUSTOMER publishes directly, via the 2EMOTION PLATFORM, its VIDEOS.
“SERVICE” means the whole of the service offered by CONTENT TO EMOTION to the CUSTOMER as detailed in article 5 hereof as well as in the SPECIAL CONDITIONS.
“USERS”: refers to the people (employees, partners, service providers, etc.) linked to the CLIENT and designated by him to create the VIDEOS from the 2EMOTION PLATFORM. The IDENTIFIERS are communicated to them by the CUSTOMER, under their sole responsibility.
“VIDEOS”: designates the animations produced via the 2EMOTION PLATFORM and the associated SERVICE, supplied in the formats: Macromedia Flash, HTLM5 or compressed in video format. Note that these animations can be used on websites, in physical stores and in advertising.
2. Acceptance of the General Conditions of Service
The signature by the CUSTOMER of any SPECIAL CONDITIONS to which these CGS would be annexed implies the total acceptance of these by the CUSTOMER.
4. Rights of use
In return for the actual payment by the CUSTOMER of the sum provided for in the quote attached to these CGS, CONTENT TO EMOTION grants in particular to the CUSTOMER, who accepts it, a simple, non-exclusive and non-transferable license to use the 2EMOTION PLATFORM worldwide, with the following rights:
The right to use the 2EMOTION PLATFORM for its own CONTENT, for professional use only, in accordance with the CUSTOMER’s environment of use,
The right to offer access to the PLATFORM to USERS of their choice, and in particular to CLIENT employees responsible for creating VIDEOS.
These rights of use are granted in the event that the CUSTOMER has not opted for FULL SERVICE MODE.
In any event, the CUSTOMER agrees to use the documentation (which could be provided to him by CONTENT TO EMOTION) associated with the SERVICE only for the purposes of exercising the rights granted hereunder.
4.1 Use of the 2EMOTION PLATFORM by third parties
The CUSTOMER may in no case assign, transfer, delegate or sub-license their right to use the 2EMOTION PLATFORM to a third party directly or indirectly in any way whatsoever without the prior written consent of CONTENT TO EMOTION.
In other words, to grant sublicenses and market access to the 2EMOTION PLATFORM and the SERVICE associated with third parties, the CUSTOMER must first have concluded a specific agreement with CONTENT TO EMOTION.
5. Content of the SERVICE
The duration, the type of use, the number of ACCOUNTS, the options retained by the CUSTOMER for the VIDEOS as well as their quantity and their ownership are defined in the SPECIAL CONDITIONS attached to these CGS.
Beyond access to the 2EMOTION PLATFORM and the VIDEO generation service, the SERVICE includes the following associated services:
- Maintenance of the 2EMOTION PLATFORM to ensure its proper functioning. In the event of a SERVICE defect, CONTENT TO EMOTION agrees to do everything possible to quickly correct this problem;
- A global assistance service, provided by telephone from Monday to Friday during working hours or email 24/7, depending on the availability of CONTENT TO EMOTION, which undertakes to respond within a reasonable time.
6. Access terms
6.1. Account opening
Access to the 2EMOTION PLATFORM (Excluding FULL SERVICE MODE) and the associated SERVICE gives rise to the opening of an ACCOUNT.
Prior to their request for access and the opening of their ACCOUNT, the CUSTOMER must provide CONTENT TO EMOTION with certain information (Name, First name, Email, Company, Position)
The CUSTOMER must ensure the accuracy of the information and notify CONTENT TO EMOTION when it needs to be updated, especially in the event of the departure of an employee with access to the 2EMOTION PLATFORM.
The CUSTOMER declares to have been informed that CONTENT TO EMOTION can refuse the opening of an ACCOUNT and therefore access to the 2EMOTION PLATFORM and the SERVICE:
- to a CUSTOMER who did not provide the required information when opening their ACCOUNT
- to a CUSTOMER who was the subject of a previous contract with CONTENT TO EMOTION terminated for less than a year, or in the event of a repeat offense, following a breach of their contractual obligations;
- to a CUSTOMER who has not fully paid the sums which he/she may be owed to CONTENT TO EMOTION under a previous contract concluded with CONTENT TO EMOTION;
- If it appears that the CUSTOMER commits an attempted fraud to the detriment of CONTENT TO EMOTION;
- For any other legitimate reason.
In the event that the information relating to the CUSTOMER registration is not up to date, complete and / or accurate, CONTENT TO EMOTION reserves the right to temporarily suspend or definitively terminate the CUSTOMER’s access to the 2EMOTION PLATFORM, without delay nor notice, after a request for rectification remained unanswered.
6.2. Accessibility minimum configuration of terminals
As a preliminary point, it is specified that this article does not concern CUSTOMERS who have chosen the FULL SERVICE MODE.
The 2EMOTION PLATFORM is accessible 24 hours a day, 7 days a week except in the event of force majeure or an event beyond the control of CONTENT TO EMOTION and subject to any breakdowns and interventions necessary for the proper functioning of the 2EMOTION PLATFORM and materials.
CONTENT TO EMOTION makes every effort to guarantee the availability of the 2EMOTION PLATFORM, which is the subject of this document, and that it can be accessible to the CUSTOMER. However, CONTENT TO EMOTION cannot be held responsible for disturbances, cuts and / / anomalies which are not of its own making and which would affect transmissions by the Internet network and more generally by the communication network, whatever their importance. and duration.
CONTENT TO EMOTION may have to interrupt access to all or part of the 2EMOTION PLATFORMS and the associated SERVICE for maintenance reasons, for the improvement and installation of new functionalities, for the audit of proper operation or even malfunction or threat of malfunction.
CONTENT TO EMOTION informs, by any means and at the earliest, the CUSTOMER of the occurrence of maintenance operations.
In these cases, CONTENT TO EMOTION cannot be liable for any compensation or damages vis-à-vis the CUSTOMER, in any capacity whatsoever.
6.3. Confidentiality of IDENTIFIERS
This article does not concern CUSTOMERS who have opted for FULL SERVICE MODE.
The rights of access and use of THE 2EMOTION PLATFORM and associated SERVICES are personal and cannot be transmitted to any person – natural or legal other than that (s) referred to restrictively in the SPECIAL CONDITIONS and identified as USERS .
USERS access the 2EMOTION PLATFORM and associated SERVICES by means of IDENTIFIERS communicated by CONTENT TO EMOTION to the legal representative of the CUSTOMER when opening access to the SERVICE. It is recalled on this point that the use of IDENTIFIERS by the USERS identified in the SPECIAL CONDITIONS is under the sole and entire responsibility of the CUSTOMER.
The CUSTOMER undertakes to keep IDENTIFIERS strictly secret, not to communicate them to anyone, other than USERS, to take all measures to preserve their confidentiality, to notify CONTENT TO EMOTION in the event of non-use authorized from his ACCOUNT as soon as he becomes aware of it and is strong in complying with these obligations for the USERS he has designated in the SPECIAL CONDITIONS.
The IDENTIFIERS allowing access to the 2EMOTION PLATFORM and the associated SERVICE are for the exclusive use of the CUSTOMER and / or the USERS and can in no case be loaned, conceded or ceded to third parties, whether free or paid .
By express agreement between the PARTIES, any operation carried out using the CUSTOMER IDENTIFIERS is deemed to originate from the CUSTOMER, who alone is responsible for its custody and responsibility, in particular vis-à-vis the USERS.
For its part, CONTENT TO EMOTION guarantees the reliability and confidentiality of the 2EMOTION PLATFORM and associated SERVICES, and that it has taken the appropriate measures to prevent the disclosure of the IDENTIFIERS assigned to the CUSTOMER.
It is agreed between the PARTIES that any breach of this article may result in the automatic termination of the CONTRACT.
7. CUSTOMER obligations
7.1. General obligations
In order to allow CONTENT TO EMOTION to perform its SERVICE in the best conditions, the CUSTOMER undertakes to:
- provide CONTENT TO EMOTION with all the documents and information in its possession that are useful for carrying out the SERVICE;
- comply with the present Reseller Service GT&C and the SPECIAL CONDITIONS attached to it;
- respect the rights of CONTENT TO EMOTION relating to all elements, tangible and intangible, of the 2EMOTION PLATFORM and the SERVICE;
- guarantee CONTENT TO EMOTION that he/she is the owner or holder of all the rights relating to the CONTENT used for modeling the VIDEOS and their distribution through them;
- notify CONTENT TO EMOTION as soon as possible of fraudulent use of its IDENTIFIERS, or of an infringement of its VIDEOS hosted on the 2EMOTION PLATFORM committed by a third party, or a malicious USER;
- keep their IDENTIFIERS secret, and not to communicate them to any third party who is not one of the USERS;
- behave loyally and as a good father towards CONTENT TO EMOTION and third parties,
- be honest and sincere in the information provided to CONTENT TO EMOTION and, where applicable to the USERS of the 2EMOTION PLATFORM;
- use the 2EMOTION PLATFORM in accordance with the purpose described in the present Reseller Service GT&C;
- Do not divert the purpose of the 2EMOTION PLATFORM to commit crimes, offenses or contraventions punished by the Penal Code or any other law;
- Respect the privacy of third parties and the confidentiality of exchanges with CONTENT TO EMOTION;
- Do not prejudice CONTENT TO EMOTION through VIDEOS;
- Do not seek to infringe, within the meaning of articles 323-1 et seq. Of the Criminal Code, the automated data processing systems implemented by CONTENT TO EMOTION;
In compliance with the legal and regulatory provisions in force and in accordance with the law of July 29, 1981 relating to press freedom, the CUSTOMER undertakes not to broadcast any message or information in their VIDEOS:
- constitutive of bashing for CONTENT TO EMOTION;
- contrary to public order and morality;
- insulting, defamatory, racist, xenophobic, revisionist or damaging the honor or reputation of others;
- inciting discrimination, hatred of a person or a group of people because of their origin or their membership or non-membership of a specific ethnic group, nation, race or religion;
- threatening a person or a group of people;
- of a pedophile nature;
- inciting the commission of an offense, a crime or an act of terrorism or condoning war crimes or crimes against humanity;
- inciting suicide;
- enabling third parties to obtain pirated software directly or indirectly, software serial numbers, software allowing acts of piracy and intrusion into computer and telecommunications systems, viruses and other logic bombs and a generally any software or other tool allowing to infringe the rights of others and the security of people and goods;
- Of an illegal and commercial nature (prospecting, soliciting, prostitution, etc.)
The CUSTOMER also undertakes to:
- not to integrate in its VIDEOS of links towards elements or Internet sites in violation of the rules of intellectual property, or whose content would be contrary to the law of July 29, 1881, or any other legislation in force;
- not to download, use, and distribute within the framework of the creation of VIDEOS, of CONTENTS protected by rights of which he is not the holder, unless express authorization of the holder of said rights.
In any event, the CUSTOMER guarantees CONTENT TO EMOTION against any recourse and / or claim relating to the intellectual property rights of the VIDEOS published. The CUSTOMER is informed that any violation of these CGS may give rise to the closing of his account by right by CONTENT TO EMOTION without liability of any kind thereof.
7.2. Consequences of non-compliance with the provisions of this article
It is agreed between the PARTIES that any breach of this article may result in the temporary suspension or automatic termination of the CONTRACT.
In addition, the CUSTOMER will remain liable to pay the full amount set out in the SPECIAL CONDITIONS, and to publish or have published, at the option of CONTENT TO EMOTION, information excluding CONTENT TO EMOTION without prejudice to any damages and interests that may be requested by CONTENT TO EMOTION due to the breach of these terms and the damage to its image and reputation.
Finally, in the event of receipt by CONTENT TO EMOTION of complaints directly addressed by internet users following the use by the CLIENT of the 2EMOTION PLATFORM and the associated SERVICE, it is expressly agreed between the PARTIES that the CLIENT will bear the full cost the internal or external processing of said complaints.
8. CONTENT TO EMOTION obligations
8.1. SERVICE quality
The 2EMOTION PLATFORM is hosted on the CONTENT TO EMOTION servers and is made available to the CLIENT for the delivery of the SERVICE.
It is specified that the creation and management of the data flow used to manufacture the VIDEOS is carried out by the CUSTOMER who assumes sole responsibility and responsibility.
With regard to hosting, CONTENT TO EMOTION is committed to what its hosting partner offers, namely a network availability of 99.9% monthly.
In the event of a request for changes to the 2EMOTION PLATFORM and the associated SERVICE, CONTENT TO EMOTION undertakes to provide a response on the feasibility and the time required for its implementation within 5 working days of receipt of this request .
In the case of bugs preventing the dissemination and use of the SERVICE, CONTENT TO EMOTION undertakes to make every effort necessary following the identification of the problem in order to correct it as quickly as possible and to make the use of the 2EMOTION PLATFORM again possible.
CONTENT TO EMOTION undertakes to make every effort to:
- Ensure maximum logical and physical security of the information systems placed under its responsibility;
- Minimize the risk of a security breach;
- Act promptly in the event of fraudulent intrusion into the CUSTOMER ACCOUNT, in the event of a security breach or an attack on the CUSTOMER’S VIDEOS that is not due to the CUSTOMER or one of its USERS;
For all the CONTENTS and VIDEOS created by CUSTOMERS via the 2EMOTION PLATFORM, CONTENT TO EMOTION will have the quality of host within the meaning of article 6 I 2) of the law of June 21, 2004 for confidence in the economy digital.
CONTENT TO EMOTION, in its capacity as host, undertakes to promptly remove any manifestly illegal content as soon as it becomes aware of it. Notification of manifestly illegal content may be made by email to firstname.lastname@example.org and by registered mail with acknowledgment of receipt in the forms prescribed by article 6 I 5) of the law of 21 June 2004.
Only CUSTOMERS are responsible for the CONTENT and VIDEOS published as well as their nature and quality.
CONTENT TO EMOTION cannot therefore be held liable for damages resulting from the dissemination of CONTENT and from a breach or poor performance by the CLIENT of the obligations imposed on it within the framework of these CGS.
In general, the CUSTOMER may engage the responsibility of CONTENT TO EMOTION as soon as it has previously notified by registered letter with acknowledgment of receipt of the alleged breach and that CONTENT TO EMOTION has not responded within fifteen ( 15) days from receipt of this notice. In any event, it is recalled that the responsibility of CONTENT TO EMOTION can only be sought in the event of proven fault.
Furthermore, due to the very nature of the Internet network (interconnection of a multitude of actors independent of each other) no one can guarantee the overall functioning of end-to-end networks. By way of example, CONTENT TO EMOTION cannot, under any circumstances, be held liable for any damage the origin of which could be the difficulties encountered in playing a VIDEO on a RECEPTION PLATFORM.
In no case shall CONTENT TO EMOTION’s liability be sought, whatever the type of action brought, for indirect damage of any kind, for example, and without the list being exhaustive, any financial or commercial damage , loss of profit, commercial disturbance, loss of profit, damage to a third party, or action brought by a third party against the CUSTOMER as well as their consequences, linked to these presents or to their execution. The CUSTOMER is solely responsible for any damage, direct or indirect, material or immaterial, caused by himself or one of his employees as a result of his use of the 2EMOTION PLATFORM and the associated SERVICE.
In any event, it is expressly agreed between the PARTIES that if the responsibility of CONTENT TO EMOTION were retained by a decision which became final, in the context of the execution of this CONTRACT, this would be limited, all damages and all requests combined, in the amount of the sums paid by the CUSTOMER under these terms.
The PARTIES expressly agree that CONTENT TO EMOTION may call on external service providers or partners to perform all or part of the SERVICES and in particular the SERVICE associated with the 2EMOTION PLATFORM. In this case, the responsibility of CONTENT TO EMOTION may not be engaged by the CUSTOMER unless it is shown that CONTENT TO EMOTION has committed a serious fault. The liability limit provided above will also apply in this case.
10. Intellectual property
10.1. CONTENT TO EMOTION property
In accordance with the provisions of the Intellectual Property Code and the provisions of this license, all intellectual property rights relating to the 2EMOTION PLATFORM and the SERVICE remain the property of CONTENT TO EMOTION. The only rights granted are those stipulated herein which can in no case be considered as involving the transfer or transfer of any intellectual property right for the benefit of the CLIENT.
Any other use of the 2EMOTION PLATFORM than those provided for under these CGS requires the express prior written consent of CONTENT TO EMOTION.
The intellectual property rights held by CONTENT TO EMOTION apply to all the constituent elements of the 2EMOTION PLATFORM and the SERVICE. They therefore also apply to all information, documentation or programs communicated to the CUSTOMER throughout the duration of this CONTRACT.
- The CUSTOMER may neither pledge the 2EMOTION PLATFORM, nor assign it for a fee or free of charge;
- the CUSTOMER may in no case agree to a license relating to any element of the SERVICE and the 2EMOTION PLATFORM;
- the CUSTOMER undertakes not to infringe, directly or indirectly or through third parties with which he is associated, the rights of CONTENT TO EMOTION;
- the CUSTOMER undertakes to inform CONTENT TO EMOTION without delay of any infringement of the intellectual property rights of CONTENT TO EMOTION attached to the SERVICE and the 2EMOTION PLATFORM, of which he may be aware;
The CUSTOMER also refrains from:
- to correct and / or have corrected by a third party any bugs, faults or errors preventing the proper performance of the SERVICE, without having obtained the prior written consent of CONTENT TO EMOTION;
- transcribe or have transcribed the service in a language other than that provided by CONTENT TO EMOTION;
- more generally, to modify, translate, adapt, arrange, decompile, disassemble or generate works or works derived from the SERVICE and the 2EMOTION PLATFORM, unless previously expressly authorized in writing by CONTENT TO EMOTION;
- to seek in any way whatsoever to reconstruct the source code of the 2EMOTION PLATFORM or of all or part of the SERVICE.
It is also reminded that the brands, logos, slogans, graphics, photographs, animations, videos and texts contained on the websites of CONTENT TO EMOTION are the exclusive property of CONTENT TO EMOTION or its partners and cannot therefore be reproduced, used or represented without the express authorization of CONTENT TO EMOTION or its partners, under penalty of legal proceedings.
The CUSTOMER undertakes, if he/she is aware of acts of counterfeiting committed by a third party and relating to the SERVICE, to immediately inform CONTENT TO EMOTION, and provide CONTENT TO EMOTION with all the elements available to him/her on this date allowing appreciate the nature and extent of these same acts of counterfeiting
10.2. CUSTOMER property
The CUSTOMER retains full ownership of all of the CONTENT that he/she uploads to the 2EMOTION PLATFORM for the creation of VIDEOS and of which CONTENT TO EMOTION only provides accommodation.
In this regard, the CUSTOMER grants CONTENT TO EMOTION a right to use said CONTENT for the proper performance of the SERVICE. This license granted by the CUSTOMER will be limited to the duration of execution of the SERVICE, and for the sole creation of VIDEOS via the 2EMOTION PLATFORM.
CUSTOMERS guarantee in this respect CONTENT TO EMOTION that they hold the rights relating to the CONTENT and guarantee CONTENT TO EMOTION of any legal action.
11. Confidentiality – non-competition
The CUSTOMER and CONTENT TO EMOTION, reciprocally undertake to treat as secret with regard to third parties, for the duration of this CONTRACT and for an additional period of 3 (three) years all information, of whatever nature that is, that they would have been communicated by one or the other of the PARTIES at the time of the execution of this CONTRACT, whether or not their communication was the subject of a written document, whether was deliberate or occurred during exchanges of a general nature.
It is expressly agreed that all the information relating to the CLIENT’s products, subject of the VIDEOS as well as the IDENTIFIERS of access to the 2EMOTION PLATFORM will naturally constitute confidential information within the meaning of this article.
The provisions below do not apply to information that is already or would fall into the public domain other than as a result of a breach of this AGREEMENT.
11.2. No competition
The CUSTOMER undertakes not to compete in France and in Europe with the company CONTENT TO EMOTION in the field of activity covered by this document (digital platform offering a service to assist in the creation and distribution of videos) during the entire duration of the CONTRACT and upon expiration thereof for an additional period of (two) 2 years.
12. Personal Data
In application of the law n ° 78-17 of January 6, 1978 relating to data processing, files and freedoms, the CUSTOMER has a right of opposition (article 38 of the law) if he justifies a legitimate reason as provided by law, for a right of access (article 39 of the law) and rectification (article 40 of the law) of the data concerning it processed by CONTENT TO EMOTION as part of the SERVICE.
Furthermore, with regard to CONTENTS, CONTENT TO EMOTION will be considered as a subcontractor within the meaning of article 35 of the law of 6 January 1978.
As such, CONTENT TO EMOTION undertakes to:
- take all the necessary precautions with regard to the nature of the VIDEOS and CONTENTS to preserve its security and in particular to prevent any deformation, damage, loss and / or any access by third parties not previously authorized;
- do not process, consult the CONTENTS for purposes other than the execution of the SERVICE;
- only process, consult the CONTENT as part of the instructions and authorization received from the CLIENT;
- do not insert foreign data in the CONTENTS unless expressly requested by the CLIENT;
- take all measures to prevent any misuse, malicious or fraudulent use of the CONTENTS.
13. Financial terms
The CUSTOMER is required to pay invoices net, without discount and in the terms stipulated in the SPECIAL CONDITIONS.
The signing of the CONTRACT by the CUSTOMER results in the immediate settlement of the amounts mentioned in the SPECIAL CONDITIONS. In the event that an invoice is not paid within the agreed deadlines, CONTENT TO EMOTION reserves the right to suspend access to its 2EMOTION PLATFORM and its SERVICE, without this suspension being considered as a termination.
CONTENT TO EMOTION may, in the event of default by the CLIENT, apply late payment penalties calculated as follows:
Late penalties = (amount including tax of the invoice * LEGAL RATE APPLICABLE FOR THE SEMESTER) * (number of days of delay in the semester / 365).
In accordance with the provisions of the Commercial Code, the Applicable Legal Rate is the interest rate applied by the European Central Bank to its most recent refinancing operation increased by 10 percentage points.
Late penalties are due the day following the settlement date shown on the SPECIAL CONDITIONS without a reminder being necessary. The CUSTOMER in a situation of late payment is automatically liable, in respect of CONTENT TO EMOTION, for a lump sum indemnity for recovery costs in the amount of forty (40) euros. When recovery costs incurred exceed the amount of this lump sum, CONTENT TO EMOTION may request additional compensation, upon justification.
Any rejection of direct debits will be invoiced by CONTENT TO EMOTION to the CUSTOMER for the bank charges incurred.
The termination does not release the PARTIES from their obligations, in particular financial, established prior to them.
14. Marking and advertising
The CLIENT refrains from modifying and / or deleting any marking appearing on any element of the SERVICE and its documentation.
The CUSTOMER accepts the presence on all the programs created via the 2EMOTION PLATFORM of the mention “video by 2emotion” with an Internet link referring to the CONTENT TO EMOTION site. The form and place of this statement is validated with the CUSTOMER in order to remain discreet.
The CUSTOMER accepts to be cited as a CUSTOMER of CONTENT TO EMOTION and expressly authorizes, for this purpose, CONTENT TO EMOTION to use its official names and logos for any press release (paper, web, etc.) relating to the SERVICE.
The CUSTOMER accepts that CONTENT TO EMOTION communicates with Third Parties on the operation of the SERVICE by the CUSTOMER inserts a reproduction of the VIDEO of the CUSTOMER on its website, so that CONTENT TO EMOTION can present examples of use of its SERVICE.
The CUSTOMER may terminate the CONTRACT, after payment of the entire order appearing in the SPECIAL CONDITIONS, by registered letter to the address of the company CONTENT TO EMOTION, at any time. This early termination will not result in any refund or compensation from CONTENT TO EMOTION.
In other words, any early termination implies the obligation for the CUSTOMER to pay the entire amount described in the SPECIAL CONDITIONS to the company CONTENT TO EMOTION even if the CUSTOMER does not wish to continue using the 2EMOTION PLATFORM and the SERVICE associated until the end with the commitment period subscribed in the SPECIAL CONDITIONS.
15.1. Suspension and termination assumptions
CONTENT TO EMOTION may automatically suspend the CONTRACT, without compensation for the benefit of the CUSTOMER, and without prior notice, in the following cases:
- In the event of disloyalty noted by CONTENT TO EMOTION, and there is urgency to put an end to the actions concerned;
- When the actions of the CLIENT endanger, in any way whatsoever, the functioning of the 2EMOTION PLATFORM;
- When the CUSTOMER does not comply with these GTCs specific to the SERVICE associated with the 2EMOTION PLATFORM;
- When a VIDEO of any kind whatsoever, targets an operation prohibited under the laws, regulations or rules of the art in force in the country where it is available.
This decision is brought to the attention of the CUSTOMER by registered letter with acknowledgment of receipt.
The suspension will be lifted within a maximum of THREE (3) working days from the receipt by CONTENT TO EMOTION of a registered letter with acknowledgment of receipt justifying that the cause of the suspension notified to the CUSTOMER has been removed.
In the event of a serious breach by one PARTY of at least one of its obligations hereunder, this CONTRACT may be terminated by the other PARTY. It is expressly agreed that this termination will take place ipso jure, FIFTEEN (15) days after the sending of a formal notice to execute, which has remained without effect. The formal notice, which must imperatively indicate the alleged grievances and the obligations whose non-compliance is alleged, will be notified by registered letter with acknowledgment of receipt.
CONTENT TO EMOTION may also automatically terminate the CONTRACT in the event of bankruptcy or liquidation of the CUSTOMER, takeover of the CUSTOMER by a third party, transfer of the CUSTOMER’s business to a third party.
The CUSTOMER will be able to terminate the CONTRACT according to the terms set out in the SPECIAL CONDITIONS.
15.2. Consequences of termination
The termination of the CONTRACT immediately results in the termination of the rights of use granted to the CUSTOMER with regard to the 2EMOTION PLATFORM and the associated SERVICE.
In the event of unilateral termination of the CONTRACT by the CUSTOMER, when the SERVICES, as a whole, were concluded for a fixed period, the CUSTOMER will pay as compensation to CONTENT TO EMOTION a termination indemnity of an amount equal to the amounts remaining due until the end of the CONTRACT. This indemnity is due within thirty (30) days of notification by registered letter with acknowledgment of receipt of the unilateral termination.
The Intellectual Property, Confidentiality, Liability, and Personal Data articles will remain in effect upon termination of these terms.
16. Hardware requirements
Minimum configuration: USERS, to be able to benefit from the SERVICE and use the 2EMOTION PLATFORM, must have a recent computer with up-to-date Macromedia Flash Player, the latest version of the operating system (Windows 10 for PC users), 8GB of Ram and equipped with high speed internet access.
17. General provisions
If for any reason whatsoever, all or part of one of the provisions listed above were to be canceled, the other provisions would still retain their full effect.
The fact that one of the PARTIES did not require the application of any clause of the present Reseller Service GT&C, whether it is permanent or temporary, can in no case be considered as a waiver of said clause.
In case of difficulty of interpretation between any of the titles appearing at the head of the clauses, and any of these, the titles will be declared non-existent.
If any of the stipulations of the present Reseller Service GT&C were to be void with regard to a legislative or regulatory provision in force and / or a court decision having authority of the res judicata, it will be deemed unwritten but will not affect in no way the validity of the other clauses which will remain fully applicable.
18. Applicable law – Jurisdiction
the present Reseller Service GT&C are subject to French law.
In the event of a dispute arising between the PARTIES concerning the interpretation, execution or termination of these General Conditions of Service, the PARTIES will endeavor to settle it amicably.
Failing a friendly agreement within one (1) month after the seizure of one of the parties, the litigation may be submitted to the Courts of Appeal of the Court of Appeal of Paris, to which it is expressly made. JURISDICTION OF JURISDICTION, NONOBSTANT PLURALITY OF DEFENDANTS OR CALL FOR GUARANTEE, INCLUDING FOR EMERGENCY PROCEDURES OR CONSERVATORY PROCEDURES, IN REFERENCE OR IN AN APPLICATION.