Legal Notice - ToS

Legal Notice

Website http://www.moodviewer.com

Website Editor

Mood Edition SAS

Espace Concorde B1
120, impasse JB Say
Parc d’Activités Aéroport
34470 PÉROLS – France
Phone number: +33 (0)4.67.07.05.06

Chief Editor: Laurent TATON

SAS with capital of 10 000 €
821 902 053 00015 RCS
VAT number, intra: FR 24821902053

Contact

Web Provider

OVH SAS
140, quai du Sartel, 59100 ROUBAIX – France
Phone number: +33 (0)8 99 70 17 61
Fax : +33 (0)3.20.20.09.58
E-mail : support@ovh.net

TERMS OF SERVICE

Summary

  • Purpose

  • Definitions

  • Description of service

  • Conditions of access to the site and services provided

  • Changes, disruption and termination of services

  • Intellectual property

  • Personal data

  • Responsibility

  • Miscellaneous

  • Applicable law and jurisdiction

  • Contact

Purpose

The use of MoodViewer ("The Site", "The Application" or "The Service") implies acceptance of all of these Terms of Service ("TOS").

They may be supplemented, if necessary, by terms of service specific to certain Services. In case of contradiction, the specific TOS prevail over these general TOS.

By using MoodViewer, you acknowledge that you are aware that the Services are in beta and cannot be used for purposes other than testing to finalize its development.

Definitions

TOS or Terms: means the contract that regulates the relationship between you and us.

Partners: means third parties with whom we have entered into contracts to provide you with the Services.

We or Us: means Mood Edition and the companies belonging to the same group.

Parties: means us and the user.

Site: means any website which features Mood Edition’s Services.

Services: means the site, applications and all services provided by Mood Edition.

User: means any person who uses the sites, applications or services offered by Mood Edition.

You: designates the user, the visitor and the member of the Services or his or her legal representative.

Description of Service

MoodViewer is a service that analyzes the profile and the interests of each user in real time to provide a completely personalized magazine. It also provides monitoring features to allow users to receive notifications in real time whenever new content related to their favorite topics is published.

Conditions of access to the site and services provided

The creation of an account is necessary for the use of the Services. To create an account, certain data must be provided including a valid e-mail address and a password. Users must be at least 13 years old; by creating an account you expressly state that you meet this condition. By validating your account, you agree to provide accurate and up-to-date information. For the use of the Services, you have a free, non-exclusive, non-transferable, revocable license for personal use only.

Creating an account does not provide access to all Services. Downloading the application allows you to use all services.

Changes, Termination and Termination of Services

We reserve the right to modify and update access to the various sites as well as their TOS or privacy policy at any time and without notice.

We reserve the right to temporarily interrupt access to the Services for users in the event of violation of any of these Terms or any laws and regulations applicable.

The parties may terminate this Agreement at any time. In the event of violation of these Terms or any laws and regulations applicable we reserve the right to delete your account at any time, without notice and without compensation. You accept that we are not responsible for this termination.

We reserve the right to modify and update the Terms of Service as well as the User License or Privacy Policy at any time. By using or accessing the Services, you accept these changes and updates. You should therefore refer regularly to this section to verify the state of the rules in force. You may be notified by e-mail (to the address specified upon creation of your account), on the Site or elsewhere through the Services.

Intellectual property

You acknowledge that the Services constitute an original work protected by copyright, intellectual property laws and international conventions, including content, texts, images, photographs, visual interfaces, brands, logos, software, databases, sounds, extracts and any content protected by these rights.

You agree to use the Services and their contents solely for private and personal use. Distribution to a new audience or commercial exploitation is not permitted without prior written authorization from us.

MoodViewer is a registered trademark of Mood Edition. The total or partial reproduction of the trademark and its logo is prohibited without prior written authorization from us.

You agree to respect the intellectual property rights of third parties. We also commit ourselves to respect them. If copyrighted work has been reproduced or used in violation of your rights, you can contact us.

Personal data

The Privacy Policy explains how we request and use information for the Services, some of which may be considered personal. We invite you to familiarise yourself with it because it is part of the contractual package.

Limitation of Liability

During the phase of the Beta version our responsibility cannot be validly sought for any reason related to the use of the Services. You acknowledge that the Services may not function properly and will continue to evolve.

We undertake not to modify or edit third party content relayed in the Services and decline all editorial responsibility for the content. The Services may contain links to sites, content, advertisements or other third party services that are not under our responsibility or control, even in the case of a legal or economic link with the third party. We cannot be held liable for direct or indirect damage or loss due to the use of content, products or services on the sites or services of third parties or the use or inability to use Services.

We make reasonable efforts to ensure that the Services are available without interruption, except for maintenance or repair or in case of force majeure, defined as any unforeseeable, unavoidable and external event. We shall not be liable for any malfunction or interruption of service beyond our control.

You agree to use the Services fairly and lawfully and not to interfere with their operation.

You agree to preserve access data confidentially without transmitting it to a third party. We are not responsible for any unauthorized access.

Miscellaneous

These Terms and the Privacy Policy constitute the entire contract between us and you. They will prevail over any other previous contract. They may be supplemented, if necessary, by terms of use specific to certain Services or applications.

Should one or more provisions of these Terms be considered invalid by a competent court, the other clauses shall continue to have full effect.

No failure of either party to enforce any of its rights under these Terms will act as a waiver of such rights, except for in the case of an express declaration.

Neither Party shall be liable for any delay or failure to perform any of its obligations set forth in these Terms due to causes beyond its reasonable control, force majeure or external causes. Force majeure refers to an event that is external to the parties, unpredictable and unavoidable. The assessment of a case of force majeure falls under the jurisdiction of the judge.

Applicable law and jurisdiction

This Agreement shall be governed by the French law.

In the absence of an amicable resolution, any dispute arising out of or connected with the interpretation, execution, consequences and application of this Agreement shall be submitted to the jurisdiction of the French courts.

Contact

For further information, please contact us.

Date of publication: 18 January, 2017