Terms of Service
The capitalized terms are defined in the Glossary in Appendix available These are concluded between:
- The company SNAP UP , SAS, a French corporation , with an address 2 rue du village Abbot , registered with the RCS Paris B 798 454 658 , represented by Mr. FONCK below named SNAP UP,
- And between any natural or legal , private or professional person , private or public law wishing to use the services of the doo blink platform, application of SNAP UP company , hereinafter called the Customer.
Description of services offered by the platform doo blink:
doo blink platform , requiring internet access available from any Internet browser.
It gives access to a Client Area Manager for creating and managing campaigns by combining images of diverse content .
Users access the contents Raised images by photographing them with their smartphones and use the free application of image recognition developed by SNAP UP.
ARTICLE 1: PURPOSE
The Customer acknowledges having verified the adequacy of the service needs and have received SNAP UP all the information and advice that was needed to subscribe to this undertaking knowingly . By using the services available from the doo blink platform , the Customer agrees to be bound by these Terms of Service ( TOS ) in their entirety. This agreement is to define the legal, technical and financial in which SNAP UP engages the Client. These general conditions of service supplemented where necessary by special conditions and / or additions proposed by SNAP UP shall apply to the exclusion of all other conditions, including those of the Customer, any order by the Customer Benefits SNAP UP . The services offered by SNAP UP for free are also governed by these Terms of Service . SNAP UP reserves the right to modify at any time its general conditions of services being specified that the terms and conditions that will apply are those in force on the date of service use doo blink platform. The use of platform services is reserved for major and capable clients.
ARTICLE 2: SNAP UP OBLIGATIONS
SNAP UP undertakes to exercise due care and diligence necessary to provide a quality service in accordance with industry practice and the state of the art. SNAP UP responds only to an obligation of means.
ARTICLE 3: SNAP UP RESPONSIBILITIES
Responsibility for SNAP UP will not be committed :
If the contract or any obligation to SNAP UP hereunder is prevented , restricted or disturbed due to fire , explosion , failure of transmission networks, systems collapse , epidemic, earthquake, flood, power failure , war, embargo , law, order , demand or requirement of any government , strike, boycott, or other circumstances beyond the reasonable control of SNAP UP ( " Force Majeure Event "), then SNAP UP under subject to a prompt notification to the Client, shall be excused from performing its obligations within the limits of this impediment , limitation or malfunction , and the Customer will be similarly exempt from the performance of its obligations to the extent obligations in this section are related to the execution and prevented, restricted or disturbed, provided that the party so affected does its best efforts to avoid or remove such causes of non-performance and both Parties shall promptly whenever such causes have ceased or been removed.
Affected by a Force Majeure party shall hold the other regularly informed by e-mail forecasts removal or reinstatement of the Force Majeure party.
Or even by the Client , including the following cases :
· Application of deterioration ,
· Misuse of doo blink Application by the Customer or its customers ( users) , fault, negligence , omission or default on his part, non-compliance with advice ,
· Unauthorized disclosure or use of confidential password given to the Client,
· Negligence or omission of a third party over which SNAP UP has no control or monitoring
· Application for temporary or permanent interruption of the Service by a competent administrative or judicial authority or a third notification within the meaning of Article 6 of the LCEN
· Partial or total destruction of information transmitted or stored following errors directly or indirectly attributable to the Customer.
Repairs caused by SNAP UP in case of service failures resulting from a fault attributed to it equal to the direct, personal and certain damage arising from the failure in question, expressly excluding any consequential damages such as, in particular , commercial loss, loss of orders , damage to brand image , blurred any business , loss of profits or clients (eg , improper disclosure of confidential information concerning a result of failure or hacking the system, action of a third party against the customer , etc. . ) .
In any event , the amount of damages that could be borne SNAP UP if liability was incurred , will be limited to the amount of money actually paid by the Client to SNAP UP for the period or invoiced client SNAP UP or amount of money equal to the price of the service, for the part of the Service for which responsibility SNAP UP was chosen. Will be considered the lesser of these amounts.
SNAP UP makes no specific backup stored on the doo blink application data. It is therefore the Client to take all necessary measures to protect its data in case of loss or damage to data entrusted , whatever the cause , including those not specifically covered herein.
The Customer acknowledges that no provision hereof shall release from the obligation to pay all amounts due to SNAP UP for services performed .
ARTICLE 4: DUTIES AND RESPONSIBILITIES OF THE CLIENT
Customer agrees to have the power , authority and capacity necessary for the conclusion and performance of the obligations set forth herein.
The Customer undertakes to communicate during the creation of his account and any change thereof , contact information and specific information. SNAP UP reserves the right to request supporting documents to the Client to ensure the accuracy of its information.
Customer is responsible for the entire and exclusive passwords required to use its service. SNAP UP disclaims any liability for unauthorized or fraudulent use of passwords available to the Customer or generated by the Client itself. The provision of passwords is considered confidential . Any suspicion of disclosure, whether intentional or not passwords provided or generated undertakes the sole responsibility of the Customer to the exclusion of the SNAP UP.
The Customer alone shall bear the consequences of malfunction of any subsequent service use by its staff or any person whom the Customer has provided his (or her ) word (s) password. Similarly , the Customer alone bears the consequences of the loss of or above pass words .
Customer agrees to comply with all legal and regulatory requirements , particularly those relating to computers, files and freedoms of intellectual property and the rights of others. The Customer undertakes to take all necessary insurance with a reputable insurance agency to cover any damages that are attributable to it under this Agreement or its performance.
The Client declares fully accept all legal obligations arising from the administration of its services, SNAP UP can not be searched or molested in this regard for any reason whatsoever, including for breach of the Customer for services laws or regulations . Failure by the Customer points referred to above , including any activity that may give rise to civil liability and / or criminal law will lead to SNAP UP discontinue immediately and without prior notice to the Client's and immediately terminate the contract as of right , without prejudice to any damages that SNAP UP may be entitled.
The Customer agrees to pay directly to the author of the claim any amount that it would require SNAP UP. In addition, the Customer agrees to intervene at the request of SNAP UP in any proceedings against the latter and to ensure SNAP UP all sentences pronounced against it on this occasion. Accordingly, the Customer agrees to be personally responsible for any claims and / or proceedings of whatever form, purpose or nature that is formed against SNAP UP and would relate to obligations charged to Customer under this contract.
The Customer undertakes to inform SNAP UP within 48 hours of any change in his situation, and within 24 hours of any loss of passwords at the following address email@example.com .
Customer to contact with SNAP UP is committed to articulate his request, according to the rules of use.
ARTICLE 5: ACCESS TO SERVICES
Access to doo blink platform is acquired to the Customer once the registration has been approved by SNAP UP.
The Client Manager has a space in which notably personal and its campaigns Images containing its content increased information. It also has tools to manage its campaigns with tracking count Snaps Users.
ARTICLE 6: EVOLUTION OF SERVICES AND TECHNICAL ASSISTANCE
Services provided to the Customer in its Manager are likely to evolve. The Customer will be informed by email of significant changes in the platform doo blink may change its use. SNAP UP not guaranteed to notify you of any change. It is Customer's responsibility to check the CGS applicable on the date of service use. If the Customer continues to use the service after changing CGS, SNAP UP considers that Customer has accepted the new TOS. The Customer has free technical support weekdays from 9am to 18pm via the following address: firstname.lastname@example.org. A response will be provided to the Client in a time of 48 h.
ARTICLE 7: PERFORMANCE, RATES AND PAYMENT
7.1. Creation of customer account
To order service with SNAP UP, the Customer must create an account on the platform doo blink including contact and exact specific information and updates. The client account can be a verification procedure SNAP UP to ensure that the information provided by the Client is correct.
7.2. Order Confirmation
SNAP UP promptly confirm receipt to the Customer by e-mail, order and payment, and inform the implementation of the service ordered under the conditions described below.
7.3. Execution of the order
The provision of the service occurs after confirmation of payment by SNAP UP and within a maximum period of 7 days from the effective payment of the order by the Customer.
The actual payment is made when the amounts corresponding to the service are definitely credited to the account of SNAP UP.
After this period, in the absence of provision of the service by SNAP UP, the Customer is entitled to request the cancellation of the transaction and the repayment of sums already paid.
The tariffs for the various services offered via the platform frome doo blink are available online consultation on the platform in the "Rates" tab
Services or services ordered are mentioned in the order; they are inclusive of all taxes unless otherwise stated and are payable in euros.
SNAP UP email address and / or make available to the Client via the management interface an invoice after each payment. The Customer expressly agrees that the invoice is transmitted through electronic means.
SNAP UP reserves the right to change prices at any time. The new rates will apply to future orders .
SNAP UP reserves the right to pass without delay any new tax or rate increase existing taxes.
The services provided by SNAP UP payable to the order. The Customer is solely responsible for payment of all sums due under the contract for services SNAP UP.
Express agreement and unless requested in time and granted by SNAP UP particular written way, the total or partial non-payment at maturity postponement of any
amount due in respect of the use of services of the platform doo blink ipso jure and without prior notice :
- The immediate payment of all sums due by the Customer for the use of the services of the platform doo blink, whatever the payment method provided ;
- The suspension of all ongoing services , whatever their nature, without prejudice to SNAP UP ;
- The inability to enter into new services or renew ;
- The application of interest at a rate equal to 1.5 times the legal interest rate in force in France .
Any disagreement concerning the billing and nature of services must be expressed with SNAP UP via registered mail with receipt within a period of one month after issuance of the order letter .
In the event that costs are incurred by SNAP UP , the latter shall inform the Client and will communicate the evidence and the corresponding invoice . The Customer shall pay the amount due in euros.
The Customer , being a professional , in a situation of late payment is full debtor law, with respect to SNAP UP fixed compensation for recovery costs at 40 € , under the law 2012 - 387 of 22 March 2012.
Payment can be made by credit card, check, bank transfer, money order or Administrative Mandate International.
It is the Customer to choose the payment method suited to controlled service and its execution time.
The service for the period specified on the order. The data will be deleted upon expiry of the service and Snaps remaining associated with a lost campaign.
SNAP UP agrees to make at least two e-mail reminders before the expiration of the Service.
ARTICLE 8: TERMINATION, SUSPENSION AND LIMITATION OF SERVICE
8.1 The Customer may terminate at any time using the services of the platform doo blink send your request to the following address: email@example.com .
8.2 SNAP UP may suspend the use of the platform at any time in the event of non-compliance with these TOS , absent or late payment duly notified and had no effect on the expiry of a period of 30 days.
Access to doo blink platform may also, without prejudice to the damages that SNAP UP reserves the right to claim, be suspended without notice in the event of serious or repeated violation of the provisions of these TOS , requests made in this direction by the competent judicial or administrative authorities or in case of notification pursuant to the LCEN denouncing the existence of a content of an illegal nature .
When put a definitive end to the use of doo blink platform, Images to increased content will no longer be accessible to users and data from your Area Manager will be deleted after a period of 30 days. It is your responsibility therefore to take all necessary measures to ensure recovery.
ARTICLE 9: INTELLECTUAL PROPERTY RIGHTS
SNAP UP has all necessary intellectual property rights on its doo blink platform and related services and brands. Customer does not have permission, unless otherwise specified SNAP UP, redistribute, to extract the source code or reverse engineer all aspects of services.
The Customer does not have the right to use the brand and logo doo blink unless SNAP UP gives its permission.
ARTICLE 10: PERSONAL DATA
Under the service, the Customer is informed that SNAP UP collects personal data through its inscription concerning them which are subject to automated processing in accordance with the Data Protection Act of 6 January 1978 , at for customer relationship management and compliance with legal and regulatory obligations.
SNAP UP may also disclose personal information of the Customer at the request of judicial and / or administrative action in the context of a legal requisition issued by a competent authority.
Accordance with the " Informatique et Libertés" of January 6, 1978, the Customer has a right of access and rectification of information that concern . He may exercise this right and obtain information about it by email to the email address : firstname.lastname@example.org .
The Customer is solely and entirely responsible for the processing of data of a personal nature that makes its own behalf and undertakes , in respect of such data to comply with all legal and regulatory requirements relating to computers, files and freedoms , and in particular to make all appropriate formalities prior to the Commission Nationale Informatique et Libertés (CNIL).
ARTICLE 11: RIGHT OF WITHDRAWAL
Pursuant to Article L121-20 of the Consumer Code, the Customer shall, as a consumer, a period of seven days to exercise his right of withdrawal without any reasons or incurring penalties.
However, when the Customer access to the platform before the end of the period of seven days, it acknowledges and agrees not to enjoy such a right.
ARTICLE 12: TOLERANCE
The fact that SNAP UP does not prevail at a given time of any of these terms and / or tolerate a breach by the other party of any of the obligations contained in these terms shall be construed as a waiver by SNAP UP to subsequently enforce any of these conditions.
ARTICLE 13: PROOF
SANP UP archive exchanges between the parties on a reliable and durable as a true copy, in accordance with article 1348 of the Civil Code. The registers of SNAP UP will be considered proof of communications, orders, payments and transactions between the Parties.
ARTICLE 14: COMMUNICATION AND ADVERTISING
SNAP UP may occasionally advertising, events, and specialized publications in professional markets, rely on the services provided to the Customer as well as its commercial documents and / or its board.
ARTICLE 15: JURISDICTION
In case of dispute with a customer is not regarded as a consumer within the meaning of the Consumer Code, jurisdiction is assigned to the Commercial Court of Paris Métropole (France), notwithstanding multiple defendants or warranty, including measures of emergency, provisional or interlocutory application.
ARTICLE 16: APPLICABLE LAW
These TOS are governed by French law. It is well to substantive rules as to the rules of form, excluding the one hand, the rules provided for by French law, and secondly, the provisions of French law that would contrary to these TOS
- Customer: means the natural or legal person contractually bound to SNAP UP by these TOS .
- Area manager : private workspace accessible via secure login and password available to the Client on the doo blink platform , in which it can create and manage their campaigns .
- Snap: Action User of photographing a picture with your smartphone using the free application of image recognition developed by doo blink to access content associated with this image .
- Related Content : diverse data and associated by the customer to an image in his personal space, which the user accesses after snapper image .
- Image content increased : Image provided by the Client , which he combines diverse content ( music, videos , web links, documents and texts).
- Campaign : Pool , directed by the Client, several images with increased around a thematic content.
- User: natural person accessing Related Content provided by the Customer via the dedicated smartphone application .