1. Your use of our services and multimedia platforms is conditioned on your acceptance of the following terms. By accessing, using, or signing up to our platform, you electronically accept the following terms. Do not use the Platform if you do not agree to these terms.
2. Please read these terms carefully as well as any additional terms published on our platform governing your use of the platform called MyviOO dedicated to video data management (collectively the "Contract" or the "Terms" or the "Terms of Use"). The MyviOO platform, hereinafter referred to as "the Platform", is provided by the company Millesima Technologies MF n° 000/M/A/1740845/Q having its registered office at 16 Rue Lac Mariotte Les Berges Du Lac 1053 Tunis Tunisia.
3. In this Contract, we use the term "Content" to refer to text, images, music, video, data, and other digital content, and we use the term "you" to refer to you and any person or entity that uses or sings up to the Platform.
4. We may amend this Contract at any time. You agree to review this Contract periodically to be aware of any changes and to check for notices that we may provide regarding updates to this Contract. We will post the latest version of this Contract on our website https://www.myvioo.channel.
5. You agree that we may modify and/or revise the prices relating to the use of the Platform and the features relating to its use. We shall post any price or feature changes within a reasonable time prior to the effective date of any such modification.
6. The present terms of use are enforceable during the entire period of use of the Platform and until new terms of use replace the present ones. Any use of the Platform by the user after the modifications of the general terms and conditions of use shall constitute acceptance by the latter of the new general terms and conditions.
7. The platform is a data management product (mainly videos) designed for professional and informational purposes only, requiring the obtaining of login username and a password ("user ID").
8. We will provide you with the platform for your activity once you have completed sign-up and payment. You must provide complete and accurate information about yourself. You must be legally competent to enter into contracts. You agree to keep this information up to date. You may not attempt to impersonate any other person or violate the rights of others. We may also reject any username that we deem, at our sole discretion, to be unacceptable for use.
9. The right to use the platform is granted to the Client for the duration of his subscription. In return for the right to use the platform, the Client agrees to pay the relevant fee in advance.
10. The Platform is intended for your professional use only and you acknowledge that you are responsible for your use of the Platform and all content that you post on it. You are responsible for all activities on the Platform, including any legal liability arising from its use by you or others. You will use the Platform only for lawful purposes.
11.
You agree not to access or submit any material or use the Platform or its content, or otherwise engage in any conduct that
-Violates or infringes upon the rights of others, including, without limitation, patents, trademarks, manufacturing or trade secrets, copyrights, publicity or other proprietary rights.
-Attempts to introduce viruses or any other computer code, files or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
-Attempts to gain unauthorized access to our computer network or platforms
-Encourages conduct that would constitute a criminal offense or give rise to civil liability.
-Violates this Agreement, the Guidelines or any policy posted on our site.
-Attempts to damage, disable, overburden, or impair our servers or networks.
12. You agree that we may take all legal, judicial, and technical remedies to enforce this Contract, including, but not limited to, the immediate termination of your contract or access to all of our services if we believe, at our sole discretion, that you are in violation of this Contract.
13. You may not use our platform to collect information about our users for the purpose of sending or facilitating the sending of unsolicited mass communications. You may not induce or permit others to use our platform to violate the terms of this Agreement. We may take all steps to prevent unsolicited mass communications from entering, using, or remaining on our computer or communications networks.
14. We have no obligation to monitor or pre-screen content to be placed on the Platform for you to view. We reserve the right to remove content for any reason. Violation of this may result in actions, without notice, ranging from removal of the content to suspension of access, termination of your agreement or even legal action at our sole discretion.
15. We are the owner of the Platform protected by copyrights, trademarks, patents, trade secrets, international treaties, laws, and other property rights. The granting of the right to use the Platform does not entail the transfer of ownership rights to the Client. The Client agrees not to infringe directly or indirectly through third parties, our intellectual property rights on the platform. You may not sell or redistribute the Platform. You may not incorporate it or any part of it into another product. You may not reverse engineer, decompile, or disassemble the Platform or otherwise attempt to derive the source code. You may not modify, adapt, or create derivative works of the Platform in any way or remove any proprietary notices. The Client must notify us as soon as possible by registered letter with acknowledgment of receipt, of any infringement action or the declaration having preceded this allegation. The Client must collaborate loyally by providing us with all necessary elements, information, and assistance in order to enable us to defend our own interests and those of the Client.
16. We grant you a personal, non-exclusive, non-transferable, limited, revocable license to use the Platform subject to the terms of this Agreement. You may not use the Platform in any manner that exceeds the rights granted for your use of the Service and its content. Without limiting the foregoing, you may not engage in unauthorized copying or distribution of the Content or the creation of an unauthorized derivative work. You may not circumvent mechanisms designed to prevent unauthorized reproduction or distribution of the Platform. Your license terminates immediately upon cancellation or termination of your agreement or if we believe you are in violation of this Contract.
17. You must provide, at your own expense, the equipment and Internet connections you will need to access and use the Platform.
18. You agree to comply with all applicable laws and regulations regarding your use of the Platform. You may not authorize or assist any third party to do any of the prohibited action. We may automatically check your version of the Platform at any time and update it to improve its performance and capabilities.
19. We assume no direct or indirect liability, for your use of the Platform. In no event will we or our parent companies, subsidiaries, directors, employees, distributors, licensors, suppliers, partners, agents, or re-sellers be liable for damages arising in any way out of this Contract or the use of or inability to use the Platform, including, without limitation, damages for loss of goodwill, work stoppage, loss of profits, loss of data, data corruption, failure or dysfunction. Your sole remedy with respect to any dispute with us is to cancel your use of the Platform.
20. Upon our request, you agree to defend, indemnify, and hold us, our parent companies and other subsidiaries, and their employees, contractors, officers and directors harmless from any and all liabilities, claims, and expenses, including attorneys' fees arising from your use or misuse of the Platform resulting from content you submit, email, transmit or make available through the Platform, your violation of these Terms of Use.
21. We may cancel or suspend your access to the Platform immediately, without notice, for any reason, including, without limitation, if there has been a breach hereof. Your right to use the Platform will terminate once your Services have been cancelled or terminated, and any data you have stored on the Platform, if any, may not be available thereafter.
22. You acknowledge and agree that, notwithstanding any other provision of this Agreement, your breach or threatened breach of this Contract will cause us irreparable harm for which recovery of damages would be inadequate and that we may, therefore, obtain a timely injunction to protect our rights under this Agreement in addition to all other available remedies.
23. You understand and agree that the Platform is an online service and that we deal with our clients electronically. Your affirmative act of accessing and using the Platform constitutes your acceptance of the terms of this Contract. This Contract will have the same force and effect as a written Contract. You further agree to receive all required notices ("Notices") from us electronically. We may provide Notices to you electronically via email if provided by you or by posting the Notice on a website designated by us for that purpose. Delivery of any Notice is effective when it is sent or posted by us, whether you read the Notice or actually receive the delivery.
24. You agree that the laws of Tunisia shall govern this Contract and that any claim or dispute arising out of or in connection with this contract shall be resolved by the Court of Tunis 1.
25. This Contract constitutes the entire Contract between us regarding the use of the Platform, which may only be modified by us. If any part of this Agreement is held invalid or unenforceable, that part shall be construed to reflect the original intent of the parties as nearly as possible, and the remaining parts shall remain in full force and effect. The controlling language of this Contract is French. If you have received a translation into another language, it has been provided for your convenience only. A waiver by either party of any term or condition of this Contract or any breach thereof in any instance shall not waive such term or condition or any subsequent breach thereof. You may not assign or otherwise transfer by operation of law or otherwise this Agreement or any right or obligation hereunder. We may assign this Agreement to any entity at our sole discretion. This Contract lies and shall be binding upon the parties, their successors and permitted assigns.
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