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Terms

GENERAL TERMS OF USE OF OCTOPRIME

Updated on December 11th, 2017

These general terms of use (the “GTU”) govern your use and access, either as an individual or a single entity ("You" or "Your" as applicable), to the website available at the following URL address : www.octoprime.co (the “Site”) and Your connection to the dedicated platform (the “Platform”).

For the purposes of the GTU, unless otherwise noted, all references to "Octoly" will therefore include Videoagency, Octoly, Inc. and their affiliates.

1. Legal notice

Welcome onto the Site and Platform developed by Videoagency.

Videoagency is a French corporation with a share capital of 4 888,00 €, which registered office is located at 23 Rue de Saint-Pétersbourg, 75008, Paris, France.

RCS : Paris - 491 372 090

CEO: Thomas Owadenko
Contact e-mail : support@octoly.com
Web hosting service provider : Amazon Web Services.

2. Access to the Site and the Platform

2.1. Users of the Site

By accessing and using the Site, You expressly and unconditionally agree to the terms of the GTU in particular of the privacy policy . If You are accessing and/or using the Site as a single entity, You represent to Octoly that You have all necessary corporate or equivalent authority and power to agree to the GTU which You agree shall be binding on the corporation, partnership, association or other entity in whose name You are using and accessing the Site as a user.

2.2. Subscribers using and/or accessing the Platform

You can subscribe to the Platform as a subscriber (“Subscriber”) by registering onto the Platform at the following URL address: www.octoprime.co/users/sign_up , after having expressly agreed to the GTU and to the privacy policy by indicating Your name, age and email address or by using Facebook connect. This subscription will enable You to follow Creators and products You may have selected within Your Octoprime account and to personalize Your experience on the Platform.

By creating a Subscriber account within the Platform, You acknowledge and agree that You are solely responsible towards Octoly and any third party, of any activities related to Your Subscriber account, Your user ID and Your password, notably to ensure their confidentiality. Your subscription data and any other information You indicate when subscribing are governed by the privacy policy .

2.3 Creators using and/or accessing the Platform

You can access the Platform as a Creator with Your Octoly Creator Account which was created by accepting the specific terms and conditions related to the Octoly website available at the following URL address: https://www.octoly.com/conditions-for-creators . The subscription data and any other information You indicate when subscribing are governed by the privacy policy .

2.4. Products - Affiliated links

The Site and the Platform may contain products and/or links redirecting to websites owned and/or operated by other entities (the « Third Parties »).

Even though Octoprime supplies information related to Third Parties’ products (including prices), and facilitate their purchase by indicating a URL link to the website on which such product is available for purchase, Octoprime is not an online store. Consequently, Octoly does not sell nor deliver any product indexed by Creators and/or Octoly’s partner brands. You acknowledge and agree that in no event shall Octoly be liable for the accuracy nor the completeness of information supplied by the Third Parties and available on Octoprime, notably related to the availability and/or prices of the products owned by and/or sold by the Third Parties.

No website indexed on Octoprime, whatever the nature of the website or its URL link (dynamic link, hypertext links, image-links, etc.), is maintained, approved, controlled or in any way governed by Octoly.

If You decide to visit a website via an Affiliated Link, You acknowledge and agree that You are doing so under Your sole liability, and that You will take any necessary protection measures against virus and/or malwares during Your navigation to such website. The presence of an Affilated Link on Octoprime does not constitute an approval by Octoly of any element contained on such websites nor a partnership with the managers of such websites.

Octoly recommends You read and respect the terms and conditions of sale and use of the Third Parties’ websites, their privacy policies and any other rule or policy related to their websites and/or the products they are selling. You are liable for Your interactions (including Your purchase on the Third Parties’ websites) with such Third Parties. In no event shall Octoly be liable for any act, omission, error, statement, warranty, violation nor negligence of a Third Party nor any corporal damage, death, damage to goods, or any other damage or expense resulting from Your interactions with a Third Party, including Your use of their products.

Octoly disclaims any liability, whatever its nature, to You with regards to the Third Parties, including their websites and any price indicated on Octoprime.

2.5. Restrictions

Octoly reserves the right, at its sole discretion, to limit and/or forbid access to the Site and/or the Platform, and/or to terminate any Subscriber and/or Creator account which violates the GTU, applicable laws and/or any third party right such as, without limitation, any intellectual property right.

3. Intellectual Property

3.1. Regarding the Site, the Platform and Octoly’s trademarks

You acknowledge and agree that the Site and the Platform may contain elements, materials and content (the “Content”) copyrighted and/or protected by patent and/or intellectual property laws.

You are not authorized, without Octoly’s prior consent, to modify, copy, rent, share, sell, distribute or create any derivative work from the Content of the Site and/or of the Platform, in whole or in part, nor to proceed to nor use the data extraction systems and/or data collection systems.

The name and logos of Octoly are registered trademark owned by Octoly (collectively « Octoly’s Trademarks”). The other names and logos of Octoly’s products and services used in the scope of the Site and/or Platform are trademarks owned by their respective owners that may or may not be affiliated to Octoly.

Nothing in the GTU nor any content of the Site and/or Platform should be construed as granting, explicitly or not, any license or right to use Octoly’s Trademarks, without Octoly’s written authorization in such case.

3.2 Regarding third party content

The Site and/or the Platform may contain products, trademarks, materials, photographic and/or video content (together the “Third Party Content”) notably owned by Octoly’s partners and/or Creators.

In no event shall Octoly be liable, in any manner whatsoever, of Third Party Content uploaded on the Site and/or the Platform, including, without limitation, in the event of a claim arising from a Third Party Content, an error and/or omission related to a Third Party Content, or for any loss or damage resulting from and/or arising from the use of a Third Party Content.

Octoly does not monitor the Site and/or the Platform but reserves the right to remove any Third Party Content which violates the GTU and/or any applicable law, including any intellectual property law, after having obtained acknowledgement of such violation. To that respect, Octoly invites all Users, Partners and/or Creators to contact Octoly in the event where such User, Partner and/or Creator would have knowledge that a Third Party Content hosted on the Site and/or the Platform violates one of his rights and/or applicable laws by sending an email to the following e-mail address (@todo) and by following any legal requirement as per applicable rules to takedown requests for illicit content. Upon receipt of a valid takedown request as per applicable laws, Octoly will promptly remove any Third Party Content concerned by such request.

You must evaluate and bear risks related to the use of a Third Party Content notably with regards to the accuracy, completeness and usefulness of such Third Party Content.

3.3. Suggestions

You acknowledge and agree that any question, comment, suggestion, enhancement, idea, and other information regarding the Platform and/or the Site (the “Suggestions”) that You may supply to Octoly are not confidential information and that Octoly is entitled to use and disclose, without any restriction, the Suggestions for any purpose, whether commercial or not, without any recognition nor consideration.

4. Site and Platform availability

Octoly makes no warranty with regards to the Site and/or Platform’s availability. Octoly reserves the right to modify, suspend and/or delete any and all element of the Site and/or the Plaform, and any information that it may contain at any time without any notification. Therefore, in no event shall Octoly be liable for any actual or alleged damage incurred directly or indirectly, by any User, Creator and/or Subscriber, in relation with the connection, consultation and/or use of information supplied by the Site and/or the Platform.

If Your use of the Site is blocked by Octoly (notably by blocking Your IP address), You agree not to implement any measure aiming to circumvent such blocage (notably my hiding Your IP address or by using the IP address of a third party).

5. Amendment of the GTU

Octoly reserves the right to amend the GTU and the privacy policy at any time. In such event, the amendments will be notified to You with a special banner within the Site. You acknowledge and agree by using and/or accessing the Site after the amendment date, You will be deemed having fully consented to the GTU and the privacy policy as amended.

6. Litigation

The Site and the GTU are governed by French law, wherever You are accessing and/or using the Site and/or the Platform from. In the event of a dispute regarding the GTU, the courts of Paris, France, shall be solely competent to hear such dispute.

QUESTIONS ? PROBLEMS ? SUGGESTIONS ?
Please contact us by email legal@octoly.com or by postal mail at Videoagency 23 rue de Saint-Pétersbourg 75008 Paris to inform us of any breach of the GTU and/or to ask us any information regarding the GTU and/or the Site and/or Platform.