LEGAL NOTICE & GENERAL TERMS AND CONDITIONS
GENERAL TERMS AND CONDITIONS OF SERVICE
Last updated on March 4, 2020
Definitions
Subscription: one of the offers granting access to the Services (described on the Website) subscribed to by the Client on the Website for the DurationClient: natural or legal person who created an Account and subscribed to the General Terms and ConditionsAccount: personal profile created by the Client on the Website to subscribe to the ServicesGeneral Terms and Conditions: these general terms and conditions of service, as well as the legal notices and the personal data policy, accessible on the Website and constituting together and inseparably the contract between the PartiesContents: includes all data, files, images, URL links, videos owned by the Client or freely accessible on the Internet, and selected by the Client to be aggregated and disseminated using the ServicesData: any document, content, or information, entered, inserted, or uploaded on the Website or transmitted to Mashup Web by the Client in the context of the use of the Site and/or the ServicesDuration: refers to the duration of the SubscriptionMashup Web: eponymous simplified joint-stock company whose registered office is located at 37 avenue George Métayer, 76000 ROUEN, registered with the RCS of ROUEN under number 812 532 018Party: the Client or Mashup WebParties: the Client and Mashup WebSocial Networks: legally created personal profiles belonging to the Client on Facebook and/or Twitter (subject to modification of the social networks compatible with the Services and which will be mentioned on the Website)Services: services detailed on the Website and delivered to the Client by Mashup Web via the WebsiteWebsite: website hosted on the domain name mashup-web.com, its structure, and all its elements (trademark, logo, domain name, contents, images, videos, sounds, structure, functionalities, hierarchy, software, source code, etc.)User: any corporate officer and/or employee of the Client authorized by the latter to access the Services according to the number of authorized users in the chosen Subscription
Purpose
The General Terms and Conditions are intended to govern the conditions and modalities under which the Client may benefit from the Services, as well as the respective obligations of the Parties.They reflect all the commitments made by the Parties and cancel and replace all written or verbal agreements handed over, exchanged, or signed between the Parties prior to their signature.
Subscription to the ServicesTerms
The Client must imperatively fulfill the following cumulative conditions:
- Create an Account on the Website by filling in the various mandatory fields accurately, truthfully, and completely;
- Have the legal capacity and quality, within the meaning of the applicable law, to sign the General Terms and Conditions;
- Accept, purely and simply, and without reservation, the General Terms and Conditions by checking the dedicated box in the Account creation form on the Website;
- Pay the Price in accordance with the modalities described on the Website.
Identifier and password
The Client must log in to the Website using the identifier and password chosen by him/her.The Client expressly undertakes to respect the following instructions:
- Use a valid email address;
- Choose a password in accordance with the recommendations described on the Website;
- Regularly change the password;
- Take the necessary precautions to preserve their confidentiality;
- Personally use the identifier and password.In case of loss or unauthorized or fraudulent use of his/her identifier and password, the Client must imperatively (i) change them as soon as possible on the Website, then (ii) inform Mashup Web via the dedicated form on the Website.
Modification of the Subscription and/or Services
It is expressly agreed that Mashup Web has the right to unilaterally modify the General Terms and Conditions, the Subscription, or the Services (including the Price, the free nature of a Subscription, etc.), at any time during the Duration, subject to a notice period of thirty (30) days.In the event that the Client wishes to refuse this modification, he/she must imperatively terminate his/her Subscription, within the aforementioned notice period, using the dedicated form on the Website.Failing to terminate the Subscription within the aforementioned period, the Client will be deemed to have accepted, expressly and with full knowledge, the modification.
Presentation of the Services
The Services allow the Client to select Contents to organize their automated dissemination on Social Networks according to the parameters he/she has defined.At each stage of the use of the Services, the Client chooses and validates alone the Contents, their scope and frequency of dissemination, the Social Networks on which they will be disseminated. It is therefore expressly agreed that the Client is solely and exclusively responsible for the choice and content of the Contents, their scope and frequency of dissemination, the choice of Social Networks on which they will be disseminated, and their method of dissemination.The different Subscriptions are described on the Website.A support service is available to the Client on the Website to respond to his/her requests to optimize the use of the Services.
Duration of the Subscription, termination for convenience, and consumer withdrawalDuration
The Subscription is subscribed for the Duration which, unless otherwise specified on the Website, shall be
deemed to run from the validation of the payment by the Client on the Website.At the end of the Duration, the Subscription will be automatically renewed for periods identical to the initial Duration.Termination for convenienceThe Client may terminate the Subscription at any time, without notice, using the dedicated form on the Website.The termination will take effect immediately.WithdrawalIn accordance with the provisions of articles L.221-18 et seq. of the French Consumer Code, the Client has a right of withdrawal, which he/she may exercise without cause within fourteen (14) days from the validation of the Subscription.To exercise the right of withdrawal, the Client must send his/her decision to withdraw from this contract by means of an unambiguous statement to the following address: 37 avenue George Métayer, 76000 ROUEN, or via the dedicated form on the Website.
Effects of termination
In the event of termination of the Subscription, for whatever reason, the Client will no longer have access to his/her Account.Mashup Web will delete all Data from the Account within a maximum of thirty (30) days from the effective date of termination.
Price and terms of payment
The Price of the Subscription is indicated on the Website.It is expressed and payable in euros, all taxes included.Payment is made online by bank card on the Website.Payment is made in one installment at the time of validation of the Subscription by the Client.The Price is subject to change, as described in the "Modification of the Subscription and/or Services" section.
Obligations of the PartiesClient's obligations
The Client agrees to provide true, accurate, and complete information when creating the Account.The Client undertakes to use the Services in accordance with the laws and regulations in force.The Client is solely responsible for the choice and content of the Contents, their scope and frequency of dissemination, the choice of Social Networks on which they will be disseminated, and their method of dissemination.
Mashup Web's obligations
Mashup Web undertakes to provide the Services with due diligence, in accordance with the rules of the art.Mashup Web undertakes to ensure the confidentiality of the Data.
Intellectual property
The Client remains the owner of the intellectual property rights attached to the Contents.The Client grants Mashup Web a license to use the Contents to the extent strictly necessary for the execution of the Services.Mashup Web remains the owner of the intellectual property rights attached to the Website, the Services, and the Content, and grants the Client a limited, revocable, non-exclusive, non-transferable license to use the Website and the Services.
Liability
Mashup Web's liability cannot be engaged in the event of improper use of the Services by the Client.Mashup Web cannot be held responsible for the choice and content of the Contents, their scope and frequency of dissemination, the choice of Social Networks on which they will be disseminated, and their method of dissemination.Mashup Web's liability is limited to direct damages and excludes any indirect damages.
Force majeure
Mashup Web's liability cannot be incurred in the event of force majeure, as defined by French case law.
Personal data
Personal data collected during the creation of the Account and the use of the Services are processed in accordance with the Personal Data Policy accessible on the Website.The Client is informed that his/her personal data may be subject to transfer outside the European Union.
Applicable law and disputes
The General Terms and Conditions are governed by French law.Any dispute relating to the validity, interpretation, or execution of the General Terms and Conditions will be submitted to the competent courts under the conditions of common law.
Amendment of Terms and Conditions
Mashup Web reserves the right to modify these General Terms and Conditions at any time. In the event of modification, the Client will be notified by email or through the Website. The Client's continued use of the Services after such notification constitutes acceptance of the modified terms.
Entire Agreement
These General Terms and Conditions, together with any additional terms or policies referenced herein or communicated to the Client, constitute the entire agreement between the Parties regarding the subject matter herein and supersede all prior or contemporaneous agreements, communications, and proposals, whether oral or written, between the Parties.
Severability
If any provision of these General Terms and Conditions is determined to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect.
Waiver
The failure of Mashup Web to enforce any right or provision of these General Terms and Conditions will not constitute a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Mashup Web.
Assignment
The Client may not assign or transfer any of its rights or obligations under these General Terms and Conditions without the prior written consent of Mashup Web. Mashup Web may freely assign or transfer its rights and obligations under these General Terms and Conditions without restriction.
Contact Information
If the Client has any questions about these General Terms and Conditions, please contact Mashup Web at the following address:Mashup Web37 avenue George Métayer76000 ROUENEmail: contact@mashup-web.com
By accepting these General Terms and Conditions, the Client acknowledges that he/she has read, understood, and agreed to be bound by all the terms and conditions herein.
Hotjar Usage
Mashup Web utilizes Hotjar, a user behavior analysis tool on the website. Hotjar gathers data such as mouse movements, clicks, page scrolling, etc., to better understand user behavior and enhance the user experience on the website.
The information collected by Hotjar is processed anonymously and does not personally identify users of the site. However, if the Client prefers not to have their data collected by Hotjar, they can disable Hotjar by following the instructions available on the Hotjar website.
By using the Mashup Web website, the Client consents to their data being processed by Hotjar in accordance with Hotjar's privacy policy.
For more information on how Hotjar collects and processes data, please refer to Hotjar's privacy policy available on their website.