GENERAL TERMS AND CONDITIONS OF USE OF THE SERVICES
OFFERED BY OMNILINK
APPLICABLE AS FROM 02/12/2019
The services offered by OMNILINK allow users to boost their presence on social networks, using statistics and various features.
Access and use of the services offered by OMNILINK, are subject to these general terms and conditions of use and imply the users’ express, prior, full acceptance thereof and of the privacy policy of OMNILINK.
OMNILINK recommends that users keep a printed version of the general terms and conditions of use applicable at the time of using the services for their own records.
In these general terms and conditions of use, the terms used below shall have the following meanings, whether used in the singular or the plural:
The General Terms and Conditions of Use are intended to define the terms and conditions under which Users access and use the Services.
The General Terms and Conditions of Use are systematically provided to Users to allow them to access and use the Services. They exclusively apply to all use of the Services and take precedence over all other terms and conditions, except those that have been expressly accepted by OMNILINK. Consequently, all other terms and conditions shall only be binding on OMNILINK further to its confirmation in writing.
IMPORTANT: NOTE TO USERS
ANY USE OF THE SERVICES IMPLIES THE EXPRESS, PRIOR AND FULL ACCEPTANCE BY USERS OF THE GENERAL TERMS AND CONDITIONS OF USE. BY CLICKING ON: “I’m of legal age” AND “By creating an account, you agree and accept our Terms and Privacy Policy” AND BY ACCEPTING THESE TERMS AND CONDITIONS WHEN THE SERVICES ARE ACTIVATED, USERS RECOGNISE THAT THEY ARE BOUND BY THE GENERAL TERMS AND CONDITIONS OF USE.
3.1- OMNILINK reserves the right to amend the General Terms and Conditions of Use at any time, in particular to take into account any legal, jurisprudential, editorial, functional and/or technical development of the Website and/or the Services.
The version that takes precedence is the one that is accessible online at the date of use of the Website and/or the Services.
Any use of the Website and/or the Services by Users subsequent to the publication of the amended General Terms and Conditions of Use implies their acceptance of the new General Terms and Conditions of Use.
3.2- The General Terms and Conditions of Use are regularly updated. Users are therefore requested to read them every time they visit the Website.
3.3- In the event that Users disagree with the amended General Terms and Conditions of Use, they must stop accessing the Website and stop using the Services. The consequences specified in Article 14.2 of the General Terms and Conditions of Use will then apply. Use of the Website and/or the Services by Users subsequent to the publication of the new General Terms and Conditions of Use shall imply their unreserved and express acceptance by Users.
4.1- Purpose of the Services
The Service only allow Users to publish content retrieved from different social media platforms, create new content and create links on their personal page. The Users can also have analytics from the interaction made on this personal page and its audience.
4.2- General operation of the Services
4.2.1- Statistics feature
Through the statistics feature, OMNILINK offers Users the ability to:
4.2.3- Content management feature
Through the content management feature, OMNILINK offers Users the ability to:
5.1- Use of the Services requires that Users:
5.2- Users warrant that they have full legal capacity to use the Services, and in particular that they:
5.3- OMNILINK cannot be held responsible for the use of the Services by persons who do not meet the conditions set out in Articles 5.1 and 5.2 of the General Terms and Conditions of Use.
6.1- To benefit from the Services, Users must create an Account.
Several Accounts per User may be created.
6.2- To create an Account and to be able to use the Services, Users must click on the link “https://omnilink.iconosquare.com/sign-up”.
Users are then asked to enter an email address and set up a unique, personal password allowing them access to the Services and/or their Account. OMNILINK encourages Users to use “strong” passwords, combining numbers, letters and symbols as well as upper and lower case letters.
Users are solely responsible for safeguarding their Usernames. As such, Users undertake to keep them confidential and not to disclose them in any form whatsoever. If any of the elements of the Username is lost or stolen, Users must inform OMNILINK immediately, which will then cancel and/or update the Username concerned.
Users are fully responsible for safeguarding the confidentiality of their password. In this regard, Users must ensure, at the end of each session, that they have effectively logged out of the Website, particularly when accessing the Website from a public computer.
In case of loss of their password, Users are able to request a new password through their Account by clicking the "forgotten password” link.
In addition, Users must fill in a form with the following information:
Mandatory fields are marked with an asterisk (*).
Users must then click on the “Connection” tab.
Users will then receive an email confirming that their account has been created and explaining the Services.
6.3- When creating an Account (whether on their own behalf or on behalf of a third party), Users undertake to provide true, accurate, up-to-date and complete information, particularly in relation to their identity, in accordance with Article 6-II of Act No. 2004-575 of 21 June 2004 on confidence in the digital economy. Accordingly, they undertake not to create any false identity likely to mislead OMNILINK or third parties and not to impersonate any other legal entity or individual.
OMNILINK does not have control over the accuracy or reliability of information provided by Users and therefore cannot be held responsible for any consequences resulting from the provision of incomplete or incorrect information.
Users who discover that another person has used their identity to use the Services must inform OMNILINK immediately at the following address: help@iconosquare.com.
Users undertake to immediately update the information provided should that information change. To do so, Users must go to their Account and access the “Settings” menu and then “Personal data”. They can confirm their changes by clicking on “Save”.
6.4- In the event that a User provides false, inaccurate, erroneous, outdated, incomplete, misleading or deceptive information, OMNILINK may immediately, without notice or compensation, suspend or terminate that User’s Account and temporarily or permanently deny him access to the Website and/or to the Services. Moreover, OMNILINK may not, under any circumstances, be held liable in case of non-performance and/or partial performance of the Services in relation to the provision of information of that nature.
6.5- Registered Users may decide to disable their Account whenever they deem it to be appropriate, in accordance with the terms stipulated in Article 15 of the General Terms and Conditions.
ATTENTION: NOTE TO USERS
OMNILINK reminds Users that the Services only serve to boost their presence on social media platforms by creating a personal page to promote content and get analytics from this page.
Users acknowledge and agree that the results provided by OMNILINK through the features depend on information provided by the social media platforms.
It is therefore expressly understood that as OMNILINK does not have any control over the accuracy or reliability of information provided by the social media platforms, it does not provide any guarantee as to the accuracy of the results and/or statistics obtained by Users when using the Services.
Consequently, OMNILINK may not, under any circumstances, be held liable in case of incorrect, incomplete and/or inaccurate results and/or statistics obtained from incorrect, incomplete and/or inaccurate information from the social media platforms.
In addition, OMNILINK may not, under any circumstances, be held liable in case of the inability to use any of the features due to the unavailability and/or inaccessibility of data provided by the social media platforms.
Finally, it is expressly understood that OMNILINK may not substitute Users with regard to the management of their social media accounts and (media) content.
7.1- Use of the statistics feature
Users are able to access and use the statistics feature to manage the growth of their personal OMNILINK page and, indirectly, the social media profiles associated with it.
To do this, they must log onto the backoffice of their OMNILINK page and click on the "Overview" menu item.
Through the statistics feature, OMNILINK offers Users the ability to:
Users only need to enter an analysis period.
OMNILINK will then offer Users the ability to access statistics in the form of metrics, maps and/or graphs.
7.2- Use of the activity management feature
Through the content management feature, OMNILINK offers Users the ability to:
The Services are accessible via the Website twenty-four (24) hours a day, seven (7) days a week.
They are accessible until the User deactivates its Account in accordance with the terms set out in Article 15 of the General Terms and Conditions of Use.
However, due to the nature of the internet, OMNILINK does not guarantee the operation of or access to the Services twenty-four (24) hours a day, seven (7) days a week.
9.1- OMNILINK reserves the right to interrupt the operation of all or part of the Services at any time, with or without notice, in particular to carry out corrective or ongoing maintenance or to develop the content or presentation. Wherever possible, OMNILINK will inform Users prior to a corrective or ongoing maintenance operation.
In addition, Users recognise that the Services may be interrupted for reasons beyond the control of OMNILINK and that OMNILINK cannot guarantee continued access to the Services.
In all cases, OMNILINK may not, under any circumstances, be held liable for any interruption and/or malfunction of the Services, for whatever reason.
9.2- Users are requested to inform OMNILINK of any technical issue they encounter when browsing and/or using the Services by sending an email to the following email address and describing the issue encountered: help@iconosquare.com.
10.1- In general, Users undertake to comply with the General Terms and Conditions of Use as well as with the applicable laws and regulations. Users are responsible for their use of the Services in general as well as for their consequences.
10.2- When using the Services, Users undertake in particular to:
10.3- OMNILINK reserves the right to delete a User's Account and/or deny it access to the Services without notice and without prejudice to other rights and actions that it may be entitled to claim in the event that a User uses the Services in an inappropriate manner.
11.1- Users are solely responsible for their decision to use the Services and for their suitability to their needs as well as for the security of their IT system and the back-up of their data.
In addition, they are personally responsible for using the Services as well as for the information provided when creating their Account and using the Services.
11.2- Users shall indemnify and hold OMNILINK harmless against any damages incurred by OMNILINK and against action for damages that may be brought against it on the basis of breach of these General Terms and Conditions of Use and/or of any third-party right. In the case of fraud, OMNILINK is authorised to disclose necessary information to the competent organisations responsible for the prevention of said fraud and offences.
11.3- In case of breach by Users of one of their obligations under these General Terms and Conditions of Use, in particular of the obligations in Article 10 above, OMNILINK reserves the right to suspend or terminate the Account of the User, without prior notice, in accordance with the conditions of Article 15 of the General Terms and Conditions of Use. Such termination will take place without prejudice to any damages that may be claimed by OMNILINK for damage suffered as a result of such breach by the User.
12.1- Responsibility
12.1.1- Users use of the Services is at their own risk.
Users are solely responsible for their use the Services and for their suitability to their needs as well as for the security of their IT system and the back-up of their data.
Users are solely responsible for their dealings with third parties in relation to the use of the Services.
12.1.2- The Services only allow Users to display content from social media platforms, create original content, create link to their social media profiles and get analytics on people browsing their OMNILINK personal page.
OMNILINK may not be held liable for any damage suffered by Users in relation to the abnormal use of the Services, particularly in case of breach of the General Terms and Conditions of Use and/or the provision of false or incorrect information by Users.
12.1.3- OMNILINK may not be held liable for any direct or indirect damage, losses or costs resulting from the use of the Services, the inability to use the Services, a malfunction, maintenance interruption, the technical failure of the server, interrupted internet access, a virus, a line or system issue or for any other reason.
OMNILINK may not be held liable for any damage to the IT system of Users, for loss of data, or for any other damage resulting from access to or the use of the Services by Users.
In addition, OMNILINK may not be held liable to Users, to the maximum extent permitted by the applicable law in force in France, for:
12.2- Guarantees
USERS UNDERSTAND AND AGREE THAT:
No information or advice given by OMNILINK to Users in relation to the use of the Services shall be regarded as the provision of a guarantee.
In accordance with the amended Act No. 78-17 of 6 January 1978 on data processing, files and freedoms, known as the “Data Protection Act” and the Regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, Users are informed that OMNILINK carries out automated processing of their personal data for the purpose of using the Services.
That data may be transferred to subsidiaries and/or companies controlled by OMNILINK as well as to its subcontractors who contribute to such relationships for management, performance, processing and payment purposes.
Every User has access, modification, correction, limitation, portability and removal rights in relation to their data, as well as a right of opposition.
For this purpose, please contact the support service by email at the following address: legal@iconosquare.com.
For more information, Users are requested to consult the "Privacy Policy" under the “Privacy Policy” tab.
14.1- Term
Access to and the use of the Services offered by OMNILINK is valid until its termination by the User in accordance with the terms stipulated below.
14.2- Termination of the General Terms and Conditions of Use
14.2.1- The General Terms and Conditions of Use are valid and shall apply for as long as Users benefit the Services.
14.2.2- Users may opt out of the General Terms and Conditions of Use either by (i) notifying OMNILINK at any time, by means of notice, or (ii) by deactivating their registration in accordance with the conditions described in Article 15 below. Notice must be sent to OMNILINK in writing, to the address of OMNILINK stipulated at the start of these General Terms and Conditions of Use.
14.2.3- OMNILINK may terminate the General Terms and Conditions of Use linking it to Users, at any time, without notice, in the following cases:
Such termination will result in the deactivation of the User’s Account by OMNILINK and will have the same consequences as those stipulated in Article 15 below.
OMNILINK also reserves the right to temporarily block all access to the Website and/or to the Services by Users who have breached the General Terms and Conditions of Use and have not complied with the prerequisites defined in Article 5 of the General Terms and Conditions of Use.
15.1- A User’s Account is active so long as:
15.2- Users are able to deactivate their Account on the Website and/or delete their Account at any time for no reason.
To do so, Users must send an email to the following address: help@iconosquare.com requesting the deactivation or deletion of their Account. A copy of some form of identity may be requested to avoid any risk of identity theft.
Access to the Account will end as soon as point 15.1 is no longer met.
15.3- The deletion of an Account is final as the Account is irreversibly deleted and the personal data relating thereto is automatically deleted and cannot be recovered.
The deletion of an Account does not prevent Users from re-registering and creating another Account.
15.4- In the event of non-compliance with the obligations resulting from acceptance of the General Terms and Conditions of Use, the provision of incorrect information when the Account is created or action likely to damage the interests of OMNILINK, OMNILINK reserves the right to suspend access to the Services without notice or, depending on the seriousness of the action, delete the User's Account without any damages being able to be claimed.
16.1- Certain elements (including editorial, illustrations, studies and videos) on the Website and/or the Services are protected by intellectual property laws, particularly copyright, and are the exclusive property of OMNILINK.
Similarly, the trademarks, logos, graphics and animations on the Website and/or the Services are the exclusive intellectual property of OMNILINK.
It is agreed that the General Terms and Conditions of Use shall not result in any assignment of the intellectual property rights of OMNILINK.
16.2- OMNILINK personally grants to Users the non-exclusive, non-transferable right to use the Website and/or the Services and any related software free of charge. They are prohibited - directly or indirectly - from copying, modifying, creating a derivative work, reverse engineering, disassembling or otherwise attempting to obtain the source code (except for cases stipulated by law), selling, assigning, sub-licensing or otherwise transferring any rights to the Website, the Services or the related software.
Users undertake not to modify the Website, the Services or the related software in any way and/or not to use any modified versions thereof, including (but not limited to) to gain unauthorised access to the Website and/or the Services. In particular, Users agree not to access the Services by any means other than the Website.
Users are informed and recognise that the Website, the Services and any related software used may contain confidential information or information protected by the intellectual property law in force or any other law. Users undertake not to modify, lease, borrow, sell or distribute such content or create derivative works incorporating all or part of that content, unless expressly authorised by OMNILINK in advance.
The Website and/or the Services contain text and images which are the exclusive property of OMNILINK (hereinafter, “Intellectual Property”). The Intellectual Property is made available to Users, free of charge, solely for the use of the Website and the Services and as part of the normal use of their features.
Such authorisation to use the Intellectual Property is given on a personal, non-exclusive and non-transferable basis. OMNILINK may revoke its authorisation to use its Intellectual Property at any time.
Users are prohibited - directly or indirectly - from copying, modifying, creating a derivative work, reverse engineering, disassembling, or otherwise attempting to find the source code (except for cases stipulated by law), selling, assigning, sub-licensing or otherwise transferring any rights in relation to the Intellectual Property. Users agree not to modify the Intellectual Property in any way.
In case of non-compliant or abusive use of the Intellectual Property, OMNILINK reserves the right to take any legal action to stop the infringement of its intellectual property rights and to deactivate Users’ Accounts in accordance with the conditions of Article 15 above.
17.1- The General Terms and Conditions of Use constitute the entire agreement between Users and OMNILINK with regard to the use of the Services and of the Website in general.
The General Terms and Conditions of Use govern all usage of the Services by Users, subject to the application of additional or specific terms and conditions of use governing certain Services for which Users must give their express consent.
17.2- In general, if one or more provisions of the General Terms and Conditions of Use are held invalid pursuant to a law, regulation or following a final decision by a court with jurisdiction, the other provisions shall retain their full force and scope and shall remain valid and applicable. The same principles will apply in case of incomplete provisions.
17.3- If OMNILINK does not invoke, at any given time, any of the provisions of the General Terms and Conditions of Use, this fact may not be interpreted as a waiver of the right to invoke these provisions at a later date.
The use and operation of the Services are subject to French law. The validity, performance and interpretation of the General Terms and Conditions of Use applicable to the Services are also subject to French law.
For any issue and/or question relating to the Services, Customers are requested to contact customer services by email at the following address to try to find an amicable solution: help@iconosquare.com.
Any disputes relating to the application, interpretation or performance of the general terms and conditions of use or to the use and/or operation of the Services or of any subsequent or consequential services are subject to the jurisdiction of the Paris courts, even in case of the introduction of third parties or multiple defendants.
Version dated 02/12/2019
©TRIPNITY SAS
