Who we are
- The App is operated by Alkymia (and we refer to ourselves as “we”, “us” or “our”). ALKYMIA, incorporated and registered in Versailles, with company number 523431302 whose registered office is at 1401 avenue de la Grande Halle, 78200 BUCHELAY. firstname.lastname@example.org
- We own and operate the App on our own behalf.
- If you are a minor, you should read this Agreement with the help of your parents or guardians
- You have to be over 13 to use the App.
- In the event that you are under 13 or under any other required age under local laws, you may not continue to use the App, unless your parent or legal guardian has reviewed and agreed to these terms. Local laws may also require that children under a certain age are supervised during their use of the App. By using the App, you warrant that you are old enough to use the App without supervision. If you are under the required age, your parent or legal guardian warrant that they are supervising and monitoring your use of the App.
- We reserve the right to ask for written proof of consent from a parent or guardian for any POPSHOT User or we suspect is a Minor under 13.
- Use of the App does not include the provision of a mobile device or other necessary equipment to access it. To use the App you will require Internet connectivity and appropriate telecommunication links. We shall not have any responsibility or liability for any telephone or other costs you may incur.
- By using the App you confirm that you have the necessary hardware, software and capability required and that POPSHOT shall have no liability in relation to hardware, software or other services required to make use of the App.
- We do not warrant that the App will be compatible with all hardware and software, which you may use. We shall not be liable for damage to, or viruses or other code that may affect, any equipment (including but not limited to your mobile device), software, data or other property as a result of your download, installation, access to or use of the App or your obtaining any material from, or as a result of using, the App.
- POPSHOT is a social mobile platform allowing you to utilize communication features to have discussions with other POPSHOT Users on the content of Third-Party’s websites, applications or web services (« Third-Party Services ») accessible through a web browser.
- Subject to your compliance with this agreement, we grant you a limited, non-exclusive, non-transferable, non-sub licensable license to access and make personal and non-commercial use of POPSHOT Services. This license does not include any resale or commercial use of any POPSHOT Services, or its contents. The license granted by us shall terminate if you do not comply with this Agreement.
- To use POPSHOT Services, you need to create an account by providing certain information such as your mobile phone number, your first and last name, a profile picture, a username and a password. All fields identified by an asterisk(*) are mandatory to create an account.
- A POPSHOT user is someone who has created an account in the App.
- You must be authorized to use POPSHOT Services for which you register, and in particular meet the age criteria.
- You will have to choose a username and a password.
- When you first register on the App, security process may be carried out to ensure you are the owner of the information provided.
- You undertake to correct or update your information as necessary so we have truthful, correct, accurate and updated information.
- You acknowledge and accept that we may take action to check the accuracy of the information you give. In order to protect other POPSHOT Users and prevent risks of fraud, you agree to send the necessary authorizations and supporting documents to us on request by chat or text message. The documents requested may include a copy of your national identity card or your passport.
- If you provide any information that is false, inaccurate, outdated or incomplete, or we have reasonable grounds to suspect that such information is false, inaccurate, outdated or incomplete, we have the right to suspend or terminate your Account and prohibit any and all current or future use of the Services (or any portion thereof) by you.
- You expressly authorize POPSHOT to access the contact list and/or address book in your mobile phone only for mobile phone numbers in order to provide and use POPSHOT Services. We only collect mobile phone numbers and name and no other data such as names or email addresses.
- You may request the deletion of your POPSHOT Account at any time by sending an email at the following address: email@example.com. Please be aware that it will not be possible to restore your account once you have confirmed you want to delete it. As a result, it is your sole responsibility to safeguard any information or content relating to your user acount as all information remaining on our server will be deleted with your account. However please note that the Popshot Cards you may have shared in a group of POPSHOT Users cannot be deleted independently of the group conversation itself. Accordingly, it will remain on our server, evaen after deletion of your account, until there is no more comment or reaction within such conversation for a week after the last one.
- The username and password chosen by and issued to you upon registration with POPSHOT is personal to you in order to facilitate your use of and access to Popshot Services and shall not be disclosed to any third party.
- In the event that you believe your username, password or account to have been compromised you undertake to inform us as quickly as possible at firstname.lastname@example.org.
- You agree that you are and shall remain responsible for maintaining the confidentiality of your password and username.
- Unless you prove otherwise, any actions taken through your account are deemed to have been taken by you.
- POPSHOT Services allow POPSHOT users to react or comment the content of Third-Party’s Services or any photos or images by adding text, voice and video recording, graphics, symbols, smileys or any others graphical reactions or items, generating a POPSHOT card.
- Once a Popshot Card is generated, it initiates a discussion between the sender and the receiver(s).
- POPSHOT cards are sent either individually to a given POPSHOT user or to a group of POPSHOT users.
- You can answer/ interact to a POPSHOT card by adding a different text, voice and video recording, graphics, symbols, smileys or any other graphical reactions or items, generating a new POPSHOT on the same POPSHOT card.
- These POPSHOT cards are only viewable by those POPSHOT user(s) they’ve been sent to. However, they may also be sent by those POPSHOT users to others POPSHOT users without your consent. Accordingly, do not send POPSHOT cards that you do not want to be seen by other POPSHOT users than those you directly send the POPSHOT card to. You will not be entitled to request the removal of any POPSHOT card you have yourself generated and first sent
- You may also send POPSHOT cards to individuals that are non POPSHOT Users yet provided such individuals are registered in your contact list and/or address book of mobile phone and you agreed to give us access to such contact list or address book. Such individuals will be notified on their mobile phone they have received a POPSHOT card. They will need to create an account to be able to see such POPSHOT Card.
- You shall be bear personal liability and be fully and solely responsible for your own POPSHOT Cards and their contents as well as for the consequences of sending them. You are also responsible for the consequences of resending any POPSHOT cards you have received.
- Before generating any POPSHOT card depicting or naming an identifiable individual person other than yourself, you must obtain first all necessary permission of such person. POPSHOT assumes that you have it. Accordingly, you guarantee that you do and hold Alkymia harmless against and from any liabilities, damages or cause of action arising from such identifiable individual person in connection with such POPSHOT card. When such person is a minor, permission of both parents or legal guardians must be secured.
- You retain all ownership rights in your POPSHOT Cards and theirs contents, subject to Third-Party’s rights. However by using POPSHOT services and generating POPSHOT cards, you hereby grant us a worldwide, non-exclusive, royalty-free, sublicense able and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform any content of any POPSHOT Card in connection with POPSHOT Services. The said non-exclusive right is granted for the date a given POPSHOT Card is generated on the App to one week from the last interaction between POPSHOT Users on such POPSHOT card.
- It will not be possible to answer to any POPSHOT Card after one week from the last answer to such POPSHOT card. The said POPSHOT card and associated conversation will remain on your device and other POPSHOT Users devices but will be deleted from our servers.
- We are not responsible for and do not endorse the statements, opinions, advice and/or recommendations displayed or sent by POPSHOT Users using POPSHOT Services.
- You are solely responsible for your interactions with other POPSHOT Users of the Services.
- When using the POPSHOT Services, you shall refrain from any behavior, which could damage our image and/or reputation or which could prejudice another or several POPSHOT Users or negatively impact their experience of POPSHOT Services. The following code of conduct is not exhaustive, but lists certain types of behavior, which are not tolerated by us. Within this frame, we reserve the right to determine what conduct we consider to be a violation of this Agreement or improper use of POPSHOT Services.
- By using the POPSHOT Services, you agree to comply with the following Code of conduct. Accordingly, you agree that you will not:
- Breach any applicable local, national or international law or regulation, and notably post any POPSHOT Card and/or chose a user name that:
- contains hate speech,
- Promotes racial hatred, homophobia, hatred or physical harm of any kind against any group, individual or animals,
- Contains paedophile contents,
- Contains glorification of crimes against humanity and/or terrorism
- Breach any third party rights or damage any third party image and notably post any POPSHOT Card that:
- contains threats, discredits, insults, defiles honor, dignity or business reputation or violates the privacy of other POPSHOT users or third parties;
- violates or infringes anyone’s rights, including rights of publicity, privacy, copyright, trademark or other intellectual property or contract right;
- Post pornographic/violent are otherwise offensive content and notably post any POPSHOT Card and/or chose a user name that:
- Contains contents which are sexually explicit or pornographic; incites violence; or contains nudity or graphic or gratuitous violence,
- is offensive, defamatory, vulgar, obscene, or otherwise objectionable.
- Post any POPSHOT Card intended to spam, solicit money from or defraud any POPSHOT users or solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other users;
- Post any POPSHOT Card intended to bully, “stalk,” intimidate, harass, defame any person or interfere with others ‘use and enjoyment of POPSHOT Services;
- Mislead other POPSHOT users as to your identity, using the login and password of another registered POPSHOT user or distort information on your identity, age or relations with other persons or entities or impersonate any person or entity;
Moreover, by using the POPSHOT Services, you will not:
- Use a misspelling or an alternative spelling to circumvent the above mentioned restrictions on name choices;
- attempt to get access to another POPSHOT user’s login and passwords by any means including, without limitation, by means of fraud, abuse of confidence, cracking;
- use the POPSHOT Services for any purpose that is illegal or prohibited by this Agreement;
- Send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs;
- Improperly use support channels or complaint buttons to make false reports to us;
- We do not undertake to monitor or remove the content, messages and other information made available on the Services by POPSHOT Users.
- Please report any behavior or content you believe to be in violation with this Code of conduct to the support service at the following address: email@example.com. When there is a legitimate request:
- and provided the litigious content is still on our servers, we will delete it as soon as possible. However, in the event the litigious content was sent to several POPSHOT Users, we do not have the technical possibility to operate a forced deletion of the litigious content on other POPSHOT Users devices.
- We will take appropriate measures as described in point 45.
- You can also block any POPSHOT users in a one to one conversation by clicking on the button outlined for this purpose. When you block another POPSHOT user, you will no longer be able to see any POPSHOT card sent to you by such user. Other POPSHOT users will not be notified when you block them. You can also leave a group at any moment.
- If we determine that a specific behavior violates the terms of this Agreement, we may take action to issue warning, suspend, terminate, or otherwise restrict a POPSHOT User to use the App and/or the associated User Account and POPSHOT Services, notwithstanding any legal proceeding against such POPSHOT User. We may also report to the proper Authorities.
INTERACTION WITH THIRD PARTY WEBSITES AND APPLICATIONS
- The App allows you to interact with Third-Party Services through a web browser. The Third-Party Services are not under the control of POPSHOT and POPSHOT is not responsible for the content of any Third-Party Services. POPSHOT is providing access to Third-Party Services only as a convenience and the inclusion of any Link does not imply endorsement by POPSHOT of the Third-Party Services or any association with Third-Party.
- Subject to Third-Party Terms and Conditions, you may need an account with Third-Party Services to generate POPSHOT cards based on the content of such Third-Party Services.
- You consent to receive communications from us electronically such as text messages, mobile push notices.
Independence from Platforms
- The App is independent of any platform on which it is located. The App is not associated, affiliated, sponsored, endorsed or in any way linked to any platform operator, including, without limitation, Apple, Google, Android or RIM Blackberry (each being an “Operator”).
- Your download, installation, access to or use of the App is also bound by the terms and conditions of the Operator.
- You and we acknowledge that this agreement is concluded between you and us only, and not with an Operator, and we, not those Operators, are solely responsible for the App and the content thereof to the extent specified in this Agreement.
- The license granted to you for the App is limited to a non-transferable license to use the App on a mobile device that you own or control and as permitted by this Agreement.
- We are solely responsible for providing any maintenance and support services with respect to the App as required under applicable law. You and we acknowledge that an Operator has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
- You and we acknowledge that we, not the relevant Operator, are responsible for addressing any claims of you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (ii) claims arising under consumer protection or similar legislation.
- You and we acknowledge that, in the event of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, we, not the relevant Operator, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim; provided such infringement was caused by us.
- You must comply with any applicable third party terms of agreement when using the App (e.g. you must ensure that your use of the App is not in violation of your mobile device agreement or any wireless data service agreement).
Limitation of Liability
- You hereby release us, our officers, directors, agents, and employees from all claims, demands, and damages (actual and consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way, connected with any disputes arising between you and any suppliers, or between you and other applications, Website users or Third-Parties.
- YOU ASSUME ALL RESPONSIBILITY AND RISK WITH RESPECT TO YOUR USE OF THE APP. THE APP IS AVAILABLE “AS IS,” AND “AS AVAILABLE”. YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO THE SITE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ERRORS WILL BE DETECTED OR CORRECTED. WE DO NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR ANY COMPUTER VIRUSES, BUGS, MALICIOUS CODE OR OTHER HARMFUL COMPONENTS, DELAYS, INACCURACIES, ERRORS OR OMISSIONS, OR THE ACCURACY, COMPLETENESS, RELIABILITY OR USEFULNESS OF THE INFORMATION DISCLOSED OR ACCESSED THROUGH THE APP. WE HAVE NO DUTY TO UPDATE OR MODIFY THE APP AND WE ARE NOT LIABLE FOR OUR FAILURE TO DO SO. IN NO EVENT, UNDER NO LEGAL OR EQUITABLE THEORY (WHETHER TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE), SHALL WE OR ANY OF OUR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS OR AFFILIATES, BE LIABLE HEREUNDER OR OTHERWISE FOR ANY LOSS OR DAMAGE OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM THE APP, THE USE OF THE APP OR OUR AGREEMENT WITH YOU CONCERNING THE APP, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES, LOST ANTICIPATED PROFITS, LOSS OF GOODWILL, LOSS OF DATA, BUSINESS INTERRUPTION, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF WE ARE HELD LIABLE TO YOU IN A COURT OF COMPETENT JURISDICTION FOR ANY REASON, IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES IN EXCESS OF ONE HUNDRED FIFTY DOLLARS (US$150.00). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF ANY LIMITATION ON REMEDIES, DAMAGES OR LIABILITY IS PROHIBITED OR RESTRICTED BY LAW, WE SHALL REMAIN ENTITLED TO THE MAXIMUM DISCLAIMERS AND LIMITATIONS AVAILABLE UNDER THIS AGREEMENT, AT LAW AND/OR IN EQUITY.
- If you are a French resident, such limitations do not apply.
Representations and Warranties
- You represent and warrant that (a) your use of the App will be in strict accordance with this Agreement and with all applicable laws and regulations, including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and regarding the transmission of technical data exported from the United States or the country in which you reside and (b) your use of the App will not infringe or misappropriate the intellectual property rights of any third party.
- You agree to indemnify and hold us, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with (i) your use of and access to the Service; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right or any third party agreement; or (iv) any of the content or information in the POPSHOT card you generate or in your Account or any other information you post or share on or through Popshot Services.
- We reserve the right to assume the exclusive defense and control of any demand, claim or action arising hereunder or in connection with the App and all negotiations for settlement or compromise. You agree to fully cooperate with us in the defense of any such demand, claim, action, settlement or compromise negotiations, as requested by us.
- The “POPSHOT” name and logos and all related names, trademarks, service marks, design marks and slogans are the trademarks or service marks of our licensors or us.
- As between you and us, we are the sole and exclusive owner or the licensee of all intellectual property rights in the App, and in the material published on it. Those works are protected by copyright and trademark laws and treaties around the world. All such rights are reserved.
- You may print off copies, and may download extracts, of any page(s) from the App for your personal reference.
- You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
- You must not use any part of the materials on the App for commercial purposes without obtaining a license to do so from our licensors or us.
- You must not without our permission:
- use or copy any material from the App, including, but not limited to, onto other websites or in other mobile applications; or
- frame any of the App onto your own or another person’s website or mobile application.
- You agree not to access without authority, interfere with, damage or disrupt:
- any part of the App;
- any equipment or network on which the App is stored;
- any software used in the provision of the App; or
- any equipment or network or software owned or used by any third party.
Availability of POPSHOT Service and Update
- We do not guarantee that the App nor POPSHOT Services will be available at all times, in all locations, or at any given time or that we will continue to offer a particular POPSHOT Service for any particular length of time. POPSHOT does not guarantee that POPSHOT Services can be accessed on all devices, by means of a specific Internet or connection provider, or in all geographic locations.
- From time to time, we may update, change or modify a POPSHOT Service without notice to you for any reason or without any specific reason, at any time, particularly for reasons linked to technical change. Such updates, maintenance operations and/or resets are liable to affect, the Services and/or your acquired rights or any other related element, what you accept.
- Access to the App may be suspended or withdrawn to or from you personally or all users temporarily or permanently at any time. We may also impose restrictions on the length and manner of usage of any part of the App for any reason. We may for example define a maximum number of POPSHOT cards which can be sent or received or define a maximum number of times you may access POPSHOT services.
- If we impose restrictions on you personally, you will be notified and you must not attempt to use the App under any other name or user or on any other mobile device We may change or update the App and anything described in it without notice to you. If the need arises, we may suspend access to the App, or close it indefinitely.
- We may modify this Agreement from time to time, so please review it frequently. For POPSHOT users who accepted a version of this Agreement prior to modification, the revisions will become effective 30 days after posting. Your continued use of POPSHOT Services means you accept the changes. Once you accept a version of the Agreement, we will not enforce future material changes without your express agreement to them. If you are asked to accept material changes to this Agreement and you decline to do so, you may not be able to continue to use POPSHOT Services.
- Non-assignment. You shall not assign or transfer or purport to assign or transfer the contract between you and us to any other person.
- No waiver. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof
- Except as expressly stated in this Agreement, all warranties and conditions, whether express or implied by statute, common law or otherwise are hereby excluded to the extent permitted by law.
- If you live in the EEA, Switzerland, Brazil, Hong Kong, Mexico or Russia, the laws of your country of residence govern this Agreement and your use of the Services; and you expressly agree that exclusive jurisdiction for any claim or action arising out of or relating to this Agreement or POPSHOT Services shall be the courts of your country of residence.
- f you in live in any other country the laws of the State of California, excluding its conflicts-of-law rules, govern this Agreement and your use of the Services; and you expressly agree that for claims and disputes, exclusive jurisdiction for any claim or action arising out of or relating to this Agreement or POPSHOT Services shall be the federal or state courts that govern San Mateo County, California, and you expressly consent to the exercise of personal jurisdiction of such courts.
- BY ACCEPTING THE TERMS OF THIS AGREEMENT, YOU AND ALKYMIA EXPRESSLY WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION.
- You and Alkymia shall first attempt to resolve any dispute informally for at least 30 days before initiating any claim. The informal negotiations commence upon receipt of written notice from one person to the other (« Notice of Dispute »). The Notice of Dispute must: (a) include the full name and contact information of the complaining party; (b) describe the nature and basis of the claim or dispute; and (c) set forth the specific relief sought. You will send your Notice of Dispute to: ALKYMIA, Legal Department, 1401 avenue de la Grande Halle, 78200 BUCHELAY
- This Agreement will be binding upon and will inure to the benefit of the parties, their successors, and permitted assigns.