General Conditions of Use of the Dazzl Application and Web Site
Article 1 Definitions
The Application : the mobile application called DAZZL managed and animated by the DAZZL company and available for free on the Apple Store and Google Play platforms is provided to the Users by the DAZZL company.
The Content : the entirety of the data published by the User on the Application and the Website, particularly in the form of text, images, photos, videos and sound.
DAZZL : company registered at the Rennes Trade and Companies Register under the number 819 931 171 and with its headquarters registered at the address 2 B rue de la Chataigneraie, 35510 CESSSON SEVIGNE, FRANCE.
The Data : the personal User data necessary for the use of the Services.
Subscription : the action allowing a web user to become a DAZZL User and thus use the Application and the Website and benefit from the Services.
The Legal notices : the document informing any web user, DAZZL User or not, of the owner and host identities of the Application and Website as well as the Application and Website access conditions.
The Website : refers the website www.dazzl.tv managed and animated by the DAZZL company.
The Services : the online services offered by the Application and the Website. The Services are described in the article 3.
The “User”: any natural or legal person using the Application and/or the Website.
Article 2 Scope
The present General Conditions of Use (hereafter “General Conditions”) are binding for DAZZL and the User.
The DAZZL Application and Website are a video platform designed for editing and publishing content in real-time and in replay.
The Application allows you to take videos with your smartphone and publish them in real-time on the Application, the Website or from links posted on social networking sites.
The present General Conditions are supplemented by the Mentions légales.
The purpose of these General Conditions is to define terms of access and use of the Application and Website offered to the Users by DAZZL.
Article 3 Services description
The DAZZL company developed the Application and the Website, which are a video platform designed for editing and publishing content in real-time and in replay.
The following Services are provided to the User via the Application:
- Instantly film and capture live or in replay;
- Watch events according to their localisation;
- Publish live content on the Application and via hypertext links on social networks;
- Watch videos live or in replay;
- Access the multiplexes.
- The following Services are provided to the User via the Website:
- Watch events according to their localisation;
- Publish live content on the Website and via hypertext links on social networks;
- Watch videos live or in replay;
- Access the multiplexes.
The Services offered by DAZZL are not guaranteed across time, they may evolve with improvements made to the Application and the Website.
Article 4 Start date and duration
The General Conditions are applicable as of their publication online and apply to all Users. The General Conditions may be adapted, changed or revised at any point in time. Only the version of the General Conditions applicable on the date of use of the Application or the Website are legally binding for the User and DAZZL.
The User must regularly consult the General Conditions and especially before each use of the Services.
These adaptations, changes or revisions are immediately effective as of their publication on the Application or the Website.
If the User does not agree with the changes, he/she may decide to unsubscribe from the Website and/or uninstall the Application at any point in time.
The General Conditions are concluded for an indeterminate length of time.
Article 5 Identifying and accepting the General Conditions
A web user installing the Application or subscribing to the Website must give certain information labelled as obligatory, such as his/her surname, first name and a valid e-mail address to become a User. The User ensures they stay valid over time.
The User thereby creates a personal space on the Application or the Website to be identified more easily at each subsequent connection to the Application or Website. The User then chooses a personal identifier and password. The User is responsible for keeping his/her password and personal space confidential, and is totally responsible for any action implicating the use of his/her identifier and password. In the event of loss or theft of identifier and/or password, or in the event of their unauthorized use by a third party, the User must immediately contact DAZZL by e-mail at email@example.com.
Subscription is authorized for natural persons over 13 years old and for legal persons. The subscription of a legal person must only be made by a natural person allowed to represent it.
By downloading the Application or consulting the Website, the User recognizes having read, understood and accepted the present General Conditions, Legal notices and more generally all conditions applicable to the Application and the Website.
The User’s personal space contains:
- The User’s profile;
- Created and published videos for 48h;
- Watched videos for 48h.
Article 6 DAZZL’s obligations
DAZZL provides the Services described below to the Users on the Application and the Website.
Article 7 The User’s obligations
The User commits to:
- Acknowledging the General Conditions;
- Respecting the obligations present in these General Conditions and especially:
- The subscription procedure to the Application and Website;
- Notifying DAZZL of illicit content;
- Respecting DAZZL’s intellectual property rights.
Article 8 Freeness of the Services
The use of the Services is not subject to any charge.
This freeness may evolve over time. DAZZL may offer complementary paid Services, for instance.
The User must regularly consult the General Conditions and especially before each use of the Services to be informed of the implementation of paid services.
The cost of internet access is at the User’s expense.
Article 9 Intellectual property
Article 9.1 DAZZL’s intellectual property
The term DAZZL is registered as a trademark in France at the National Institute of Industrial Property.
This element may not be used without the explicit authorization of its owner. This also goes for all distinctive signs belonging to DAZZL. DAZZL is also the owner of the intellectual property rights on the Application and the Website provided to the User.
The User recognizes that the content, including in non-limited fashion, the text, the database, the computer programs, music, sound, photos, images, videos present on the Application and the Website are protected by copyright, trademark law or all other rights and laws concerning intellectual property. The User recognizes that he/she is not allowed to use these elements and information other than within the limits explicitly defined by the present General Conditions.
Any reproduction of all or part of the Application and/or Website for any purpose other than the use of the Application, Website and Services is forbidden without explicit permission from DAZZL.
DAZZL concedes a non-transferable and non-exclusive right of use of the Website and the Application. The concession of this right of use of the Website and the Application does not entail a transferal of any property right to the User.
DAZZL reserves the full right to rescind the General Conditions and engage any action to sanction any damage to its intellectual property rights.
Article 9.2 The Users’ intellectual property rights
The User retains full and entire property of the Content he/she publishes on the Application and/or the Website.
The User guarantees DAZZL that he/she is the owner of all the intellectual property rights of the Content that he/she uploads onto and publishes on the Website and the Application.
The User uploading Content onto and publishing Content on the Application and Website grants DAZZL a license allowing it to access, use, display, promote, publish, represent, edit, modify, communicate to the public, reproduce and/or concede sub-licenses on this Content for publishing purposes on the Application, the Website, social networks or any other medium chosen by DAZZL. This license is graciously conceded, for the whole world and for the whole duration of the protection by the intellectual property rights.
The User is forbidden to film, upload and publish Content belonging to a third party and protected by intellectual property rights without authorization.
The User commits to respecting all third party intellectual property rights and especially copyright, image rights, and rights concerning monopolies of sporting events organizers.
If necessary, the User guarantees DAZZL that he/she has obtained all the necessary authorizations for uploading and publishing Content on the Application or Website and especially image rights authorizations or broadcasting rights for videos of sporting events.
The User guarantees DAZZL and the other users that they can freely view the Content without being asked to pay any fee.
The right to the respect of one’s image and privacy is protected by the article 9 of the French Civil Code.
Upon his/her subscription to the Website or Application, the User commits to respecting the image and privacy of third parties.
The User is forbidden to record, reproduce and publish the image or video of a third party if it would violate this third party’s image rights or privacy. The User may use the image or video showing or representing a third party without his/her authorization if:
- The person has a public life and the image or video in question is within the scope of his/her activities;
- The images or videos are taken in the context of a news event;
- The images or videos are taken in a public space and show a group of people who are not personally identifiable.
The User is also forbidden to record, reproduce and publish the image or video of a third party in a situation which is degrading or an infringement upon their honor.
The Application and Website Users can:
- Address DAZZL with critiques, commentaries or any other content;
- Submit suggestions, ideas, question or any other information to DAZZL, if this content is not illegal, obscene, improper, menacing, defamatory, in violation of intellectual property rights or detrimental to third parties and does not consist of or contain computer viruses, political activism, commercial solicitations, mass e- mailing, chains or any other form of “spam”.
The User mustn’t use a false e-mail address, usurp the identity of a person or an entity, or lie about the origin of content. DAZZL reserves the right to remove or modify all content at its sole discretion.
If the User considers that a certain content available on the Application or Website is inexact, illicit or injurious, discriminatory or defamatory in nature, he/she is invited to submit a notification.
As per the article 6. I. 7 of the French Law on confidence in the digital economy from June 21 st 2004 (n°2004-575), the User must notify DAZZL of any message promoting terrorism or crimes against humanity, encouraging racial hatred, concerning child pornography, encouraging violence or damaging to human dignity.
The notification should be in the form of an e-mail sent to firstname.lastname@example.org. in which the User describes the contentious issue (notifier’s identity, description of the issue and its precise localization in the Application or Website, reasons for which the content should be removed).
Any User sending such a notification is reminded that an inexact accusation may make him/her liable to criminal penalties and accepts to preserve DAZZL from the potential consequences of a wrong notification.
DAZZL undertakes to react promptly to any notification of a User made in form and at first glance. DAZZL reserves the right, at its sole discretion, to remove or modify the Content that is the subject of the notification.
Article 11 Responsibility
For all the obligations incumbent upon it, DAZZL commits to applying all possible care in executing the General Conditions. For this reason and for the entirety of the obligations incumbent upon it, DAZZL is subject to an obligation of means.
11.1 Access to and functioning of the Application and Website
DAZZL commits to employing all possible means to ensure a continuous access to the Application and Website. However, access may be interrupted occasionally to ensure proper maintenance of the Application or Website. DAZZL will make the best efforts to forewarn the Users of this when possible.
The User must ensure compatibility of his/her computer equipment and installed software to access the Application and/or Website.
DAZZL declines any responsibility in the case of a potential loss that could result from the unavailability of the Application or the Website or from a connection problem with the Application or Website.
DAZZL would also be freed of any responsibility for delays or defects in the execution of the contractual obligations incumbent upon it if they were a result of events constituting force majeure as defined by the courts.
The party considering that an event constitutes force majeure must immediately forewarn the other party of the circumstances and the expected end of the event in writing.
However, if the force majeure were to last more than 3 (three) months, the General Conditions may be terminated by one or the other of the parties in the conditions defined in the article 12 of the present General Conditions.
11.2 Information and Content published on the Application or the Website
DAZZL’s responsibility is that of a data host. The modalities for reporting inexact affirmations, illicit speech or speech of insulting, discriminatory or defamatory nature are defined in the article 10 of the General Conditions.
The User is solely responsible for information and Content he/she publishes on the Application and Website.
DAZZL can only be liable if it is established that the reported damage is a result of its own actions.
DAZZL cannot be liable:
- If a User violates the General Conditions of the Application and Website;
- In case of direct or indirect damage occurred while using the Application or Website;
- In regards to preserving Content. Content preservation is a functionality offered by DAZZL without any guarantee. The User therefore waives the possibility of any recourse against DAZZL for deletion and/or loss of Content.
In any case, DAZZL’s responsibility towards the User cannot entail the payment of more than one thousand (1 000) euros worth of damages.
Article 12 Termination
DAZZL reserves the right to deactivate a User’s subscription temporarily or definitively, to terminate it and cease providing him/her with its services in the following cases:
- In case of a violation of the General Conditions;
- If the User’s actions could engage DAZZL’s or another User’s responsibility;
- If an account remains inactive for a duration of six (6) months.
Depending on the gravity of the misconduct ascribed by DAZZL to the User, DAZZL may apply the following sanctions at its discretion:
- Deletion of the contentious Content;
- A warning e-mail to the User;
- Temporary deactivation of the User’s subscription;
- Definitive deletion of the User’s personal space.
DAZZL reserves the right to apply one of these sanctions to the User, depending on the gravity of the misconduct, without hierarchical order between the sanctions listed above.
Any User may delete his account at any time and thus terminate the use of the Services directly via the Application or via the Site. DAZZL will deactivate the personal space of the User who requests it.
The User is informed that as of the deactivation or deletion of his/her personal space, the Content and Data are preserved for a duration of 12 (twelve) months on the DAZZL servers before being deleted.
Article 13 Personal data
As per the amended act n° 78-17 from January 6th 1978, known as the information technologies and liberties act, DAZZL is registered with the “Commission Nationale de l’Informatique et des Libertés” (CNIL), the French Data Protection Authority, under the receipt number 1976089.
No personal data is collected by DAZZL without the User’s knowledge. The User is reminded that the personal data he/she enters into the forms on the Application and on the Website are necessary to fulfill his/her request.
DAZZL informs the User of the data necessary to provide the Service with the following sign: « * ». If the User does not fill in the areas labelled as obligatory, he/she will not be able to subscribe and benefit from the Services provided by DAZZL.
This data is intended for:
The persons in charge of the marketing service, the sales service, the services relative to client relations and prospection, the administrative services, the IT and technical services as well as their managers;
As per the “information technologies and liberties” act of January 6th 1978, amended in 2004, any natural person has a right to access and rectify information concerning him/her. To exercise his/her rights, the User can simply write to DAZZL at the following address: email@example.com.
A natural person may also, for legitimate reasons, oppose the processing of data concerning him/her.
The User must ensure the respect of the prescriptions of the amended information technologies and liberties act of January 6th 1978, or, more generally, of any applicable norm. The User must make any necessary declarations to the “Commission Nationale de l’Informatique et des Libertés” (CNIL), the French Data Protection Authority, or any relevant entity.
The Application and the Website preserve in particular the following data:
- Information given upon subscription to open a User account;
- The time, duration and connection IP address of each visit of the Application or Website;
- The type of browser and operating system used;
- The internet start page and the pages visited by the User;
- The User’s location, his/her mobile phone operator, his/her identifiers and the search phrases used.
The preservation of this data allows DAZZL to measure, personalize and improve its Services. DAZZL preserves this data on its server for 12 (twelve) months.
Article 14 Cookies policy
A cookie is a piece of information deposited on the telephone or hard disk of the User’s computer by the Application or Website server or by a third-party server. The purpose of a cookie is to memorize the User’s choices and easily recognize him/her via a unique identifier.
For the management of the Content of its Application and its Site, DAZZL uses several technologies by which it deposits cookies on the Terminal of the User such as Google Analytics.
The purpose of the cookies is to:
- Manage personal spaces, particularly session identifier memorization;
- Share content with other users;
- Measure Application and Website audiences;
- Analyze the Users’ centers of interest.
As per the article 32-II of the act of January 6th 1978, DAZZL informs the User that his/her continued browsing equates to agreeing with cookies being installed and read.
The cookies deposited by DAZZL are necessary to provide a service explicitly requested by the User (session identifier cookies, authenticating the User…). They will not be subject to a prior expression of consent.
However, the User may refuse to install cookies deposited by DAZZL on his/her telephone or the hard disk of his/her computer by selecting the appropriate parameters in his/her browser. The methods for changing the browser parameters are explained here.
Additional cookies are deposited by DAZZL to perform audience measures or to create shares on social networks. In such hypothetical cases, DAZZL explicitly collects the User’s consent. The User may refuse the deposited cookies here.
The cookies are kept by DAZZL for 13 months. After this period, DAZZL collects the User’s consent again where necessary.
Article 15 Conditions application – Divisibility – Interpretation
The present General Conditions are legally and contractually binding for DAZZL and the User.
If at any point in time DAZZL does not use a prerogative recognized by the present General Conditions, this cannot in any case be interpreted as an explicit or a tacit relinquishment of the right to use the prerogative in question at a future point in time.
Additionally, the recognition of the invalidity of a clause will not affect the validity of the rest of the General Conditions and any other clause.
In the case of a contradiction between a provision of the present General Conditions, the Legal notices or any other statement on the Application or the Website, the General Conditions take precedence.
Article 16 Applicable law – Relevant court
The present General Conditions, and any document or Content published on the Application and on the Website, are subject to French law.
Any dispute between DAZZL and the User concerning the validity, interpretation, execution or non-execution of the General Conditions shall be taken to the relevant court of Rennes/Paris.