Terms of Use
THESE GENERAL TERMS OF USE ("TERMS"), WHICH ARE GOVERNED BY FRENCH LAW, SET OUT THE TERMS AND CONDITIONS OF USE OF THE WEBSITE DEEPTAGGING.COM, INCLUDING ALL CONTENT AND FEATURES AVAILABLE THROUGH THE DEEPTAGGING.COM WEBSITE (COLLECTIVELY THE "WEBSITE"), PUBLISHED BY MOMINDUM (Legal information). BY ACCESSING OR USING THE WEBSITE (WHETHER YOU ARE A REGISTERED USER OR NOT), EITHER AN INDIVIDUAL OR A SINGLE ENTITY, YOU EXPRESSLY AND UNCONDITIONALLY AGREE TO THE WEBSITE'S TERMS (Legal) AND ADDITIONAL PROVISIONS OF ALL NOTICES ("NOTICES"), INCLUDING THE PRIVACY POLICY. IF YOU ACCESS OR USE THE WEBSITE AS A PROFESSIONAL, YOU REPRESENT TO MOMINDUM THAT YOU HAVE ALL NECESSARY CORPORATE OR EQUIVALENT AUTHORITY AND POWER TO AGREE TO THE TERMS WHICH YOU AGREE SHALL BE BINDING ON THE CORPORATION, PARTNERSHIP, ASSOCIATION OR OTHER ENTITY ("ENTITY") IN WHOSE NAME YOU ARE REGISTERING AS A USER AND ESTABLISHING AN ACCOUNT IN ACCORDANCE WITH THE TERMS SET OUT BELOW. IN THAT CASE, BY ACCESSING OR USING THE WEBSITE, THE ENTITY EXPRESSLY AND UNCONDITIONALLY AGREES TO THE TERMS INCLUDING ALL NOTICES. MOMINDUM MAY MODIFY ITS TERMS AND NOTICES FROM TIME TO TIME. IN THAT CASE, THESE MODIFICATIONS ARE SPECIFICALLY NOTIFIED ON THE WEBSITE. FOR THIS REASON, YOU ACKNOWLEDGE AND AGREE THAT, BY USING THE WEBSITE OR SIMPLY BY ACCESSING THE WEBSITE AFTER THE DATE OF THESE CHANGES, YOU AGREE TO THE TERMS AND TO THE NOTICES AS MODIFIED.
Momindum reserves the right (but shall have no obligation) to decide whether Contents comply with the content requirements set out in these Terms and may remove such Contents which are in violation of these Terms and/or terminate a user's access for uploading such Content at any time, without prior notice and at its sole discretion.
Failure to comply with these provisions will result in Your Content being removed as set out and/or your account being deactivated without prior notice. Moreover, you are personally liable to criminal penalties for the disputed contents (imprisonment and fines), in addition to possibly being ordered to pay damages. In view of the collective nature of the Website and out of consideration for the feelings of all, users are responsible for maintaining certain ethical standards with respect to the Contents and, in particular, for refraining from disseminating any violent or pornographic content. A flag a content ("this video may offend") link appears automatically next to each published content in order to allow misuse to be reported by other users, should this be necessary. You agree that you will not upload or post any Contents which it is unlawful for you to possess in the country in which you are resident, or which it would be unlawful for Momindum to use or possess in connection with the provision of the Services.
You agree that you will not upload or post any Contents that are subject to any third party proprietary rights (including rights of privacy or rights of publicity), unless you have a formal license or permission from the rightful owner to post the material in question and to grant Momindum such rights. You further understand and acknowledge that in using the Website and the Services, you may be exposed to Contents that are factually inaccurate, offensive, indecent, or otherwise objectionable to you. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Momindum with respect to any such Contents.
A. your use of the Services will meet your requirements,
B. your use of the Services will be uninterrupted, timely, secure or free from error,
C. any information obtained by you as a result of your use of the Services will be accurate or reliable, and
D. that defects in the operation or functionality of any software provided to you as part of the Services will be corrected.
No conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to the Services except to the extent that they are expressly set out in these Terms. In principle, the Website may be accessed 24/7, except in the event of a scheduled or unscheduled interruption for maintenance or in the event of force majeure. Since we are de facto subject to an obligation to use our best endeavours, we shall not be liable for any damage of any kind which may be incurred as a result of the Website being unavailable.
A. you have breached any provision of the Terms (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
B. Momindum is required to do so by law (for example, where the provision of Services to you is, or becomes, unlawful); or
C. Momindum is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the Services; or
D. the provision of Services to you by Momindum is, in Momindum's opinion, no longer commercially viable.
When these Terms come to an end, all of the legal rights, obligations and liabilities that you and Momindum have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this termination, and the provisions of paragraph 18 shall continue to apply to such rights, obligations and liabilities indefinitely.
A. any indirect or consequential losses which may be incurred by you. This shall include any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, or any loss of data suffered by you;
B. any loss or damage which may be incurred by you as a result of: i. any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the Services; ii. any changes which Momindum may make to the Services, or for any permanent or temporary cessation in the provision of the Services (or any features within the Services); iii. the deletion of, corruption of, or failure to store, any Contents and other communications data maintained or transmitted by or through your use of the Services; iv. your failure to provide Momindum with accurate account information; v. your failure to keep your password or Momindum account details secure and confidential.
The limitations on Momindum's liability to you in the paragraph above shall apply whether or not Momindum has been advised of or should have been aware of the possibility of any such losses arising.
1. Your relationship with Momindum
Deeptagging.com is a free hosting website for publications created with Momindum Studio® which enables users to view, access, upload, store, share and comment on their contents (the "Website"). The use of the Website and any products, services and software offered by Momindum via the Website (the "Services") is subject to the terms of a legal agreement between you and Momindum. Momindum means Momindum SARL, whose principal place of business is at 13 Boulevard Edgar Quinet, 75014 Paris, France. This legal agreement is binding upon you and Momindum in relation to the use of the Services. The provisions of this legal agreement apply to all users of the Website, including users who provide Momindum with publications, information, and materials or services.2. Accepting the Terms
In order to use the Services, you must firstly agree to the Terms thereof. If you do not agree to these Terms, you may not use the Services. By using the Services, you agree to these Terms. You acknowledge and accept that Momindum may treat your use of the Services as acceptance of its Terms from that point onwards. You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with Momindum, or (b) you are a person who is either barred or otherwise legally prohibited from receiving or using the Services under the laws of the country in which you are resident or from which you access or use the Services. We advise you to print off or save a local copy of these Terms for your records.3 Language of the Terms
When Momindum provides you with a translation of the French language version of the Terms, then the translation is provided for your convenience only but the French language version of the Terms will govern your relationship with Momindum. If there is any contradiction between the French language version of the Terms and the translated text, then the French language version shall take precedence.4 Description of the Website
Deeptagging.com is a free hosting website for publications created with Momindum Studio® which enables users to view, access, upload, store, share and comment on their contents (the "Website"). While users are allowed unlimited storage space (unless otherwise notified by email), the size of each publication is limited to 100 MB (except for videos). Since the Website is not designed to back up video data, it is backed up by our partner websites. You are responsible for taking all necessary measures in that regard and referring to the terms of use of our partner websites. Finally, and in accordance with Internet practice and custom, advertisements may be incorporated into the Website.5 Accounts
In order to access the features of the Website and or other Services, you must open an account. When opening your account, you must provide complete and accurate information. Please see to the security and to the confidentiality of your password. You must notify Momindum immediately of any breach of security or unauthorized use of your account that you would become aware of. You acknowledge that you are solely responsible (to Momindum, and to third parties) for all activity that occurs under your account.6 Contents
If you have registered and have an account through which you upload your publications, your comments, your nickname and your avatar on the Website ("Your Content"), you acknowledge that Momindum does not guarantee any confidentiality with respect to any Content, whether or not such Content is published. You acknowledge and agree that you are solely responsible for your own Content and the consequences of posting or publishing it. Momindum does not endorse any comment or any opinion, recommendation, or advice expressed therein and Momindum expressly disclaims any and all liability in connection with these Contents.7 Your intellectual property rights
Momindum does not own Your Content. You represent and warrant that you have (and will continue to have during your use of the Services) all necessary licenses, rights, consents and permissions which are required to enable Momindum to use your Contents for the purposes of the provision of the Services, and in general according to the terms of this Website and these Terms. By making Your Content accessible to other users (as individuals and/or as a group), you agree to allow any users of the Website free of charge and for personal use only, to view and share Your Content on or from the Website, on other electronic communication media (including mobile phones) as long as Your Content is hosted on the Website. If you wish to use the content of any other user in any other way, e.g. for commercial purposes, you are responsible for having necessary permissions from this user. In addition, for the entire period in which your content is hosted and strictly by means of the features that enable the Website to be accessed via the Internet or through other electronic communication media or technology, you authorize us to reproduce/display Your Content and, if need be, adjust its format for that purpose. Please note that due to the intrinsic characteristics of the Internet, data transmitted - including Your Content - is not protected against the risks of misappropriation and/or piracy, for which we shall not be liable. You are responsible for taking all appropriate steps to protect such data, where applicable.8 Other users' intellectual property rights
Other users of the Website ("Other Users") may upload publications according to the Terms. You agree not to access Other Users' publications for any reason other than your personal, non-commercial use solely as intended through and permitted by the normal functionality of the Website, and solely for Streaming. "Streaming" means a contemporaneous digital transmission of the material by Momindum via the Internet to a user operated Internet enabled device, in such a manner that the data is intended for real-time viewing and not intended to be downloaded (either permanently or temporarily), copied, stored or redistributed by the user.9 Our intellectual property rights
The Website is our exclusive property. As a general matter, we grant you a free, personal, non-exclusive and non-transferable right to access and use the Website, subject to your acceptance of and compliance with the Terms. All other rights are expressly excluded without our prior written consent. The Content (other than Your Content and Other Users' content) included on or accessible through the Website, including texts, graphics, logos, names, brands, designations, tabs, functionalities, images, audio clips, data, photographs, graphs, and other material and software ("Momindum Content"), is the exclusive property of Momindum or its licensors and is protected by copyright, trade mark rights, and other intellectual property rights of Momindum or its licensors and is subject to applicable laws and regulations. The Content of the Website may not be downloaded, copied, corrupted, modified, erased, distributed, transmitted, broadcast, sold, licensed, or otherwise exploited (in part or in full) for any purpose whatsoever without the prior written consent of Momindum or its licensors. You agree not to use or exploit Momindum Content for any reason other than those set out in these Terms. In addition, you are not allowed to modify, enhance, edit, translate, decompile, disassemble, or create one or several derivative work(s) based (in part or in full) upon Momindum Content, unless this possibility was expressly granted to you by Momindum or by the owner(s) of this or these content(s) under a separate agreement.10 Our liability as host
We are under no legal obligation to monitor content transmitted via or stored on the Website Our only obligations as host concern (i) the fight against certain content in accordance with the procedure described in the flag a content ("this video may offend") section (ii) the retention of your connection data, which is also subject to an obligation of confidentiality and treated in compliance with the laws and regulations relating to personal data, and (iii) the removal of all clearly illegal content of which we would become effectively aware.Momindum reserves the right (but shall have no obligation) to decide whether Contents comply with the content requirements set out in these Terms and may remove such Contents which are in violation of these Terms and/or terminate a user's access for uploading such Content at any time, without prior notice and at its sole discretion.
11 Your Liability as User
As you provide Your Content on the Website, you shall comply with the laws and regulations in force. You are thus responsible for ensuring that content stored on and disseminated through the Website (i) does not violate the intellectual property rights of third parties (including pictures, documents, video-clips, television shows, short films, medium-length films and/or feature films, animated or unanimated, advertisements, that you have not personally created or for which you have not obtained the necessary authorizations from third parties or copyright royalty collection organizations who hold the rights to them), (ii) does not cause personal injury (including defamation, insults, abuse, etc.) or an invasion of privacy, or (iii) is not contrary to public policy and accepted moral standards (including attempts to justify crimes against humanity, incite racial hatred, child pornography, etc.). By uploading or disseminating Your Content to Other Users to and/or through the Website, you warrant that you have all necessary rights and authorizations from the relevant copyright owners and have paid any royalties or other fees hereunder owed to copyright royalty collection organizations.Failure to comply with these provisions will result in Your Content being removed as set out and/or your account being deactivated without prior notice. Moreover, you are personally liable to criminal penalties for the disputed contents (imprisonment and fines), in addition to possibly being ordered to pay damages. In view of the collective nature of the Website and out of consideration for the feelings of all, users are responsible for maintaining certain ethical standards with respect to the Contents and, in particular, for refraining from disseminating any violent or pornographic content. A flag a content ("this video may offend") link appears automatically next to each published content in order to allow misuse to be reported by other users, should this be necessary. You agree that you will not upload or post any Contents which it is unlawful for you to possess in the country in which you are resident, or which it would be unlawful for Momindum to use or possess in connection with the provision of the Services.
You agree that you will not upload or post any Contents that are subject to any third party proprietary rights (including rights of privacy or rights of publicity), unless you have a formal license or permission from the rightful owner to post the material in question and to grant Momindum such rights. You further understand and acknowledge that in using the Website and the Services, you may be exposed to Contents that are factually inaccurate, offensive, indecent, or otherwise objectionable to you. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Momindum with respect to any such Contents.
12 Registration and Access
In order to enjoy all features of the Website, you must open an account using the appropriate online form. You have the right to modify the Personal Data collected on this occasion at any time. When the form is validated, you receive an email asking you to click on a link so as to confirm your registration. You may access your account by entering your login and password, the confidentiality of which is under your sole responsibility. The use of the Website is in effect for an unlimited period of time. We reserve the right to terminate your use of the Website at any time, by email, subject to reasonable notice. If you fail to comply with the obligations relating to your aforementioned liability, the access to your personal space may be temporarily or definitely suspended, immediately and without prior notice, by deactivating your account, without prejudice to our other rights.13 Exclusion of Warranties
Nothing in these Terms shall affect any statutory rights which you are always entitled to as a consumer and that you cannot contractually agree to alter or waive. The Services are provided "as is" and Momindum makes no warranty or representation to you with respect to them. In particular Momindum does not represent or warrant to you that:A. your use of the Services will meet your requirements,
B. your use of the Services will be uninterrupted, timely, secure or free from error,
C. any information obtained by you as a result of your use of the Services will be accurate or reliable, and
D. that defects in the operation or functionality of any software provided to you as part of the Services will be corrected.
No conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to the Services except to the extent that they are expressly set out in these Terms. In principle, the Website may be accessed 24/7, except in the event of a scheduled or unscheduled interruption for maintenance or in the event of force majeure. Since we are de facto subject to an obligation to use our best endeavours, we shall not be liable for any damage of any kind which may be incurred as a result of the Website being unavailable.
14 Proof, retention and storage
The computer registers stored on our systems in accordance with standard safety practices shall be considered proof of emails exchanged, registration forms sent, contents downloaded and comments posted. Registration forms are stored on reliable and durable media, as required by applicable law. If there is any contradiction between our computer registers and any paper or electronic documents in your possession, it is agreed that our computer registers will take precedence.15 Links from Momindum
The Services may include hyperlinks to other web sites that are not owned or controlled by Momindum. Momindum has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. You acknowledge and agree that Momindum is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources. You acknowledge and agree that Momindum is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources. Momindum encourages you to be aware when you leave the Website and to read the terms and conditions and privacy policy of each other website that you visit.16 Ending your relationship with Momindum
These Terms will continue to apply until terminated by either you or Momindum as set out below. If you want to terminate your legal agreement with Momindum, you may do so by (a) notifying Momindum at any time, and (b) closing your Momindum account. Your notice should be sent, in writing, to Momindum's address, which is set out at the beginning of these Terms. Momindum may at any time, terminate its legal agreement with you, especially if:A. you have breached any provision of the Terms (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
B. Momindum is required to do so by law (for example, where the provision of Services to you is, or becomes, unlawful); or
C. Momindum is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the Services; or
D. the provision of Services to you by Momindum is, in Momindum's opinion, no longer commercially viable.
When these Terms come to an end, all of the legal rights, obligations and liabilities that you and Momindum have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this termination, and the provisions of paragraph 18 shall continue to apply to such rights, obligations and liabilities indefinitely.
17 Limitation of liability
Nothing in these Terms shall exclude or limit Momindum's liability for losses which may not be lawfully excluded or limited by applicable law. Subject to the overall provision of the first sentence, Momindum shall not be liable to you for:A. any indirect or consequential losses which may be incurred by you. This shall include any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, or any loss of data suffered by you;
B. any loss or damage which may be incurred by you as a result of: i. any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the Services; ii. any changes which Momindum may make to the Services, or for any permanent or temporary cessation in the provision of the Services (or any features within the Services); iii. the deletion of, corruption of, or failure to store, any Contents and other communications data maintained or transmitted by or through your use of the Services; iv. your failure to provide Momindum with accurate account information; v. your failure to keep your password or Momindum account details secure and confidential.
The limitations on Momindum's liability to you in the paragraph above shall apply whether or not Momindum has been advised of or should have been aware of the possibility of any such losses arising.
