Updated on : le 08/08/2018
01. ACCEPTANCE OF THE TERMS AND CONDITIONS
These general terms and conditions of use specify the rights and obligations of Users of a MyMotherAgency account or of the application of the same name.
By creating an account with MyMotherAgency or by using the application MyMotherAgency, whether on a mobile device, a mobile application, a computer, or any other device, Users undertake to be bound by these general terms and conditions of use which create a contractual relationship between the Users and MyMotherAgency. Users who do not accept all of these general terms and conditions of use and who refuse to be bound by them can neither access the Service nor use it.
PLEASE READ THESE GENERAL TERMS AND CONDTIONS OF USE CAREFULLY BEFORE YOU ACCESS THE SERVICE OR USE IT.
- a. Purpose These general terms and conditions of use (hereinafter referred to as “GTCU”) are entered into between :
– My Mother Agency, a Private Limited Company registered at the Register of Trade and Industry of Monaco under the number 18S07780, whose registered office is located at 17 avenue de l’Annonciade, Monaco (98000), (hereinafter referred to as “MMAgency”); and
– the User (as defined hereinafter) of the website https://www.mymotheragency.com (hereinafter the “Website”) or of the application MyMotherAgency (hereinafter the “App”).
The Website at the address https://www.mymotheragency.com is operated exclusively by MMAgency and offers an online marketplace dedicated to connecting Talents with Clients (as defined hereinafter).
The purpose of the GTCU is to specify the terms and conditions of Use of the Website and the App, as well as the rights and obligations of Users connected on the Service.
Any access and/or use of the Website or the App implies unconditional acceptance of and compliance with the GTCU.
These GTCU may be complemented, if necessary, by special terms and conditions of use specific to certain services. In the event of conflict, the special terms and conditions shall prevail over the GTCU.
- b. Definitions
Sister Agency: means any entity designated by MMAgency for the actual implementation of a Project.
Application: means the digital platform for connecting Users, accessible from a smartphone.
Client: means any individual or legal entity, using the Website strictly for professional purposes, with the aim of being connected with one or more Users in order to offer their services for the implementation of a Project.
Content(s): means any words, messages or information of any type whatsoever (texts, images, videos, photos, comments, trademarks, corporate names, including the name and/or image chosen by the User for identification on the Website) posted online by a User on the Website.
MyMotherScouts: means any person through whom a sponsorship mechanism has led to the registration of one or more Talents on the My Mother Agency website.
Project(s): means artistic or commercial projects.
Industry: means the fashion, advertising, film production and entertainment industry.
Service: means the Website as well as its mobile Application.
Website: means the digital platform for connecting Users, accessible via the internet.
Talent(s): means individuals using the Website strictly for professional purposes, with the aim of being connected with one or more Clients in order to be offered the implementation of a Project.
User(s): means interchangeably Clients, Talents and MyMotherScouts.
Use: means interchangeably any consultation, search or download of components of the Service.
Wall: means the virtual page whereby information is given to Users.
- c. Changes to the GTCU
MMAgency reserves the right to amend the GTCU at any time and without prior notice. In the event of a major change, Users shall be informed beforehand. Users can read the current and effective version of the GTCU at any time by selecting the appropriate link on the Service.
The revised GCTU shall become effective when they are posted on the Service or at a later date if expressly specified. Users recognise that the Use of the Service after the effective date of the updated GCTU implies their acceptance thereof. It is therefore necessary that Users read the GTCU and the updates, if any, before starting to use the Service.
The only recourse available to Users who do not agree with the updates made to the GTCU is to stop using the Service.
No revision of these GTCU shall arise out of a dispute, which has occurred before the effective date of the revision, between the Users and MMAgency.
- d. Changes to the Service
MMAgency reserves the right to change or terminate the Service or a User’s access to the Service, for any reason whatsoever, at any time, without prior notice, without incurring any liability, without refund of the registration fee paid for the Service.
02. THE SERVICE
- a. Description
The Service is a technological platform for connecting Users in view of the implementation of Projects. In practice, a Client submits a Project to a Talent via the Service by sending a message to MMAgency. MMAgency is informed of the Client’s desire to implement a Project with a Talent registered on the Service. MMAgency will thus notify the Talent that a Client wishes to involve them in a Project. The Talent shall have specified any unavailability beforehand in the space provided for this purpose. In the event of confirmation of availability by the Talent, MMAgency shall bring the Project to a Sister Agency which shall take charge of the actual implementation of the Project.
- b. Access to the service
The Service is reserved for adults. However, if the User is a minor, i.e. aged sixteen (16) or above, they shall declare and acknowledge having obtained the authorisation of their parents or the holder(s) of parental responsibility to use the Service. The holder(s) of parental responsibility have agreed to guarantee compliance with all the provisions of the GTCU during their Use of the Service.
The parents (or holders of parental responsibility) are invited to monitor the Use made of the Service by their children and to keep in mind that the Service is aimed at reaching a broad public and that, as the legal guardian, it is their responsibility to determine which website is suitable or not suitable for their child (children) and to monitor the use they make thereof.
Considering the specific industry in which MMAgency operates, it reserves the right to refuse access to the Service to anyone who does not meet the criteria required by the industry.
- c. Clients
Clients may consult photos of Talents and their personal data needed to be able to choose a Talent through the Service. If a Client wishes to hire a Talent for the implementation of a Project, they must send a message to MMAgency via the Service, which will inform the Talent that they have been identified by a Client. It will then be for the Talent to confirm their availability for the Project.
- d. Talents
The Talent can submit their personal data and photos to the Service. Thanks to the exposure provided by the Service, and given that the Talent has already specified their availability in the dedicated space, they may be notified by MMAgency that they have been selected by a Client for the implementation of a Project through the Service.
- e. MyMotherScouts
The MyMotherScouts shall register themselves directly on the MMAgency Website. A special space and a number of tools are dedicated to them so that they can recommend members of their own networks. The MyMotherScouts receive a payment when a minimum of ten (10) members of their community have registered, directly through them, on the MMAgency website.
- f. Sister Agencies
Sister Agencies are entities contacted by MMAgency for the implementation of a Project. As part of the Service, MMAgency shall provide Sister Agencies with a Project and it shall be their responsibility to implement it. Sister Agencies undertake not to contract with Talents with whom they have worked in the past without MMAgency’s permission. Should Sister Agencies not comply with this provision, MMAgency may impose a penalty of an amount set out in the business finder agreement entered into between MMAgency and the concerned Sister Agency.
- g. Access to the network and tools
It is the responsibility of Users to obtain access to the data network required for the Use of the Service. The charges and fees specific to data traffic on the Users’ mobile network may apply if they access or use the Service from a wireless device, in which case they shall be liable to pay said charges and fees. It is the Users’ responsibility to ensure that they use compatible equipment and to update them or the systems necessary to access and use the Service. MMAgency does not guarantee that the Service or any part of it can be operated on any specific equipment or system. Moreover, the Service may be subject to malfunctions and delays inherent to the use of internet and electronic communications.
- a. Identification information
In order to fully use the Service, Users must register and create a personal and active user account with the Service (hereinafter the “Account”). To create the Account, Users must provide certain personal information, such as their name, e-mail address and the documents required when creating the Account, for the purposes of checking their identity.
Users must provide true, correct, current and complete information. Users shall also undertake to update their personal information correctly. If messages sent to an e-mail address provided by the User are returned as undeliverable, MMAgency reserves the right to close the account of the concerned User immediately without prior notice and without incurring any liability toward the User or a third party.
- b. Individual nature of the Account
The Account created by the User belongs only to its creator and cannot be shared with another User. The identification information described above can only relate to one User and the Account must only be used by that User.
- c. Login details
Users are solely responsible for the confidentiality and security of their password and agree not to sell, transfer, license or assign to any person whomsoever their account, username, personal information and rights relating to their account.
- d. Security of the Account
Users are solely responsible for any activity conducted on their Account and for keeping their password secure and confidential. Users agree not to sell, transfer, license, assign to any person whomsoever their Account, Username, personal information and rights relating to their account. Users also undertake not to request, collect or use the login details of other Users of MMAgency.
Users undertake to immediately inform MMAgency at the following e-mail address, [email protected], if they suspect or know of an unauthorised Use of their login details or of any security breach concerning their Account. MMAgency shall not be responsible for any loss or damage arising from an authorised Use of their login details before they have notified MMAgency of it.
04. ADDITIONAL TERMS AND CONDITIONS FOR CLIENTS
- a. Proposal of Projects
Clients can submit Projects to the Service by selecting Talents matching the profiles they are looking for. Clients represent and warrant that the information that they submit regarding each Project (along with all other documents that they have submitted to the Service) are correct. Moreover, MMAgency has the right, without any compensation of any type whatsoever, if it deems it fit and at its sole discretion, to refuse or to delete Projects that it considers to be contrary to the GTCU, unlawful or inappropriate. MMAgency also has the right to advise a Client about its Project with the objective of improving the Project if the latter so wishes.
- b. Cancellation
Clients may cancel Projects proposed and confirmed by MMAgency via the Service at their sole discretion. The Project must be cancelled before a period preceding the Project, which must be equal to the number of days of the Project. For example, if a Project lasts 3 days, it must be cancelled a minimum of 3 days before the start of the actual implementation of the Project. Any cancellation within this period shall be subject to a penalty equal to 50% of the budget planned for the implementation of the Project which will be paid to MMAgency.
05. ADDITIONAL TERMS AND CONDITIONS FOR TALENTS
- a. Talent data
Talents can submit their photos and personal data to create a profile on the Service (Hereinafter referred to, together with the other documents that they have submitted, as “Talent data”). As a Talent, Talents represent and warrant that the information they provide is correct. Talents also accept that MMAgency may display their name and their necessary data in order to propose a Project on the Service to Clients. Should Talents submit photos of themselves and only of themselves to the Service, they give MMAgency the right to use, reproduce, display and distribute these photos to market, promote and present the Service on all media and in all formats known or developed hereinafter. Talents may delete photos that they have published on the Service using the features offered by the Service.
- b. Confirmed Projects
When a Talent receives a Project proposal from a Client via the Service and confirmed by MMAgency, the Talent may accept or refuse this request at their sole discretion by informing MMAgency whether or not they are available for said Project.
- c. Cancellation
If a Talent refuses a Project after having confirmed it to MMAgency, the Client shall be given the option of choosing another Talent from among those registered on the Service.
- d. Previous contractual relationships of the Talent
By using the Service, Talents guarantee to MMAgency that their authorised use of the Service does not breach any contract, exclusive or non-exclusive, between them and third parties, including but not limited to, any modelling agency and/or “parent agency”.
Should this not be the case, the Talent shall tick a box provided for this purpose by the Service and shall specify upon the creation of the account, the name of the Agency, the country and city of domicile of the agency as well as the contract’s expiry date.
- e. Contractual relationship
By accepting the GTCU, Talents undertake to be bound by these terms and conditions, which create a contractual relationship between them and MMAgency. This contractual relationship excludes any subordination in any form whatsoever with MMAgency. The Talents shall remain independent in their management. However, by accepting the GTCU, Talents accept the precedence that MMAgency may claim over their breakthrough, as the case may be.
06. ADDITIONAL TERMS AND CONDITIONS FOR MYMOTHERSCOUTS
- a. Role of a MyMotherScout
MMAgency allows MyMotherScouts to cast members of their network, friends, followers, or any other person via the Service. The MyMotherScout sponsors new Talents by suggesting that they register on the Service.
- b. Payments
The MyMotherScout shall receive €5 (five euros) or the equivalent of €5 (five euros) in the currency of the MyMotherScout, after currency conversion, per Talent registered on the Service. This amount shall only be actually paid to the MyMotherScout as from the tenth Talent registered on the Service through them. This amount shall be paid to the MyMotherScout in euros. Banking charges and any foreign exchange commissions incurred during these transactions shall be borne by the MymotherScout.
- c. Rules applicable to the MyMotherScout
The recipient of the sponsorship message must be informed of the identity of their sponsor when contacted by MMAgency. The sponsored person’s data may only be used once: to send them the business proposal or the ad suggested by the MyMotherScout. MMAgency reserves the right to keep the sponsored person’s data in order to confirm the exactness of the sponsorship. MMAgency shall only use the sponsored persons’ data to send them other messages if it has obtained their express consent.
07. FINANCIAL TERMS AND CONDITIONS
- a. Registration cost
Each User shall pay a total sum of €35 (thirty five euros) for one (1) year or €3,95 per month for one year membership to register on the Service.
- b. Remuneration of Talents
Talents shall be remunerated by Clients and as per the amounts agreed in the contract entered into with the Sister Agency.
- c. Remuneration of MMAgency.
MMAgency’s remuneration in connection with the implementation of a Project shall be specified in the business finder agreement entered into with the Sister Agency responsible for the implementation of the Project. This remuneration shall be a percentage of the Project’s budget as set out in the business finder agreement.
08. USER CONTENTS
- a. User Contents
The Contents submitted, published, downloaded to the server, or made available in any way to MMAgency via the Service by Users are together called “User Content(s)”.
- b. Licence for User Contents
Any User Content that a User submits to MMAgency shall remain their property. However, by submitting User Content to MMAgency through the Service, Users grant to MMAgency (and to its assigns, representatives, successors, licensees and sub-licensees), a world-wide, perpetual, irrevocable, transferable, royalty free licence, with the right of sub-licensing, to use, copy, alter, create derived works, distribute, display publicly, represent publicly and otherwise enjoy the said User Content, in any manner whatsoever, in all formats and across all distribution channels, currently known or to be designed in the future, without any other notice to the User or consent on their part, and without any requirement to pay the User or any other person or entity.
- c. Name, image and voice licence
Users also give MMAgency a worldwide, perpetual, irrevocable, transferable, royalty free licence, to use their name, image, voice (and that of any person identifiable in any User Content that they publish on the Service) made available by them or on their behalf via the Service.
- d. Users’ waiver limited to some of their rights
By publishing User Content within the framework of the Service or through it, Users shall waive all rights of confidentiality or any other right of the same type relating to the User Content or part of the content.
Insofar as moral rights are not transferable or assignable, Users undertake not to claim through legal proceedings the infringement of a moral right, or to support, maintain or allow any action based on moral rights that Users may have regarding any User Content that they publish on the Service during the term of the GTCU.
09. GUARANTEES PERTAINING TO CONTENTS
- a. Representations and warranties
Except for the Contents that MMAgency has provided to Users via the Service, Users represent and warrant:
i. that they are the sole and unique owners of all the User Contents that they publish on the Service, or that they have all the rights, licences and necessary authorisations to give MMAgency rights relating to the User Contents as laid down in the GCTU; and
ii. that no User Content that the Users publish on the Service shall: (A) infringe or illegally appropriate the rights of any party or entity, including a third party patent, copyright, trademark, business secret, moral rights, advertising rights, privacy rights or other intellectual or ownership rights, (B) constitute a defamation, slander, or breach of any applicable law or regulation. Users shall hold MMAgency harmless against any action by a third party in this respect.
- b. Prohibition to download inappropriate content
Users undertake not to submit User Content which: (i) is or could be interpreted as being forged, defamatory, incorrect, unlawful, harmful, threatening, abusive, harassing, vulgar, offensive, obscene, pornographic, improper, hateful, or that promotes discrimination, fanaticism, racism or hate (hereinafter called “Inappropriate Content”), that MMAgency shall determine at its sole discretion; or (ii) introduces computer viruses, Trojan horses and/or other harmful or malicious codes.
If Users encounter inappropriate Content on the Service, they must inform MMAgency by e-mail at the following address: [email protected]. The Service includes a feature allowing Users to “mark” inappropriate content. The fact that you report certain Contents shall not imply that MMAgency will necessarily delete that Content from the Service. MMAgency has the right, but not the obligation, to delete any Content from the Service that has been marked as inappropriate.
- c. Messages
The Service allows Users to receive messages as well as notifications from MMAgency for any information regarding the User.
- d. Third party services and contents
The Service may be made available or accessible as part of third party services or contents (including advertising) over which MMAgency does not exercise any control. Users recognise that different general terms and conditions of use and privacy rules may apply to the Use made by Users of said third party services and contents. MMAgency does not endorse said third party services and contents and, under no circumstances, shall MMAgency be responsible or accountable for any product or service of said third party service providers.
Moreover, Apple IOS, Android, Microsoft Windows or mobile devices of Blackberry Limited and/or their concerned international subsidiaries and affiliates shall be third party beneficiaries pursuant to this contract when Users access the Service using the App developed for Apple IOS, Android, Microsoft Windows or the mobile devices of Blackberry respectively. These third party beneficiaries are not parties to this contract and shall in no way be responsible for the supply of or support to the Service. The Users’ access to the Service using these devices is subject to the terms and conditions laid down in the terms and conditions of Service of the third party beneficiary in question.
- a. Personal liability
The User is solely responsible for their interaction with other Users of the Service, both online and offline. The User recognises that MMAgency is not responsible for the behaviour of Users. MMAgency reserves the right, but has no obligation, to monitor any disputes between Users, in order to become involved if appropriate. Users are advised to exercise good judgement and common sense when interacting with third parties, in particular when they submit or publish Content or personal data.
- b. Liability pertaining to Content
Users are fully responsible for all activities relating to the Use of their Account. Users are not authorised to publish, via the Service, images containing full or partial nudity, nor photos or contents that are discriminatory, unlawful, fraudulent, hateful or pornographic in nature or sexually suggestive.
Users shall not defame, stalk, intimidate, harass or threaten individuals or entities, nor steal their identity. Moreover, Users shall not publish private or confidential information via the Service (including but not limited to credit card details, social security numbers, identity card numbers, private telephone numbers and private e-mails belonging to Users or third parties).
Lastly, Users are not authorised to use this Service for unlawful or prohibited purposes. Users undertake to comply with all laws, rules and regulations applicable to their Use of the Service and of their Content.
- c. Breach of the GTCU
Users shall comply with the GTCU and the community’s rules. Any breach of these GTCU may lead, at the sole discretion of MMAgency, to the cancellation of the account of the User(s) in breach. Users accept the fact that MMAgency shall not be held responsible for the Content published on the Service and that their Use of the Service is at their own risk. If Users breach the spirit and letter of the GTCU, or otherwise create a risk of prosecution of MMAgency, MMAgency may cease to provide the concerned Users with all or part of the Service, without any reimbursement of their registration cost.
11. INTELLECTUAL PROPERTY RIGHTS PERTAINING TO THE SERVICE
- a. Licence
Subject to Users’ compliance with the GTCU, the Service is granted to Users, under licence, and not sold. MMAgency reserves all rights not expressly granted to Users. Subject to their acceptance in full of the terms and conditions of the GTCU, MMAgency grants Users a personal, limited, revocable, non transferable licence to access and use the Service solely for the purpose of (i) searching for Talents and proposing Projects if the User is a Client, or (ii) indicating their availability for Projects if the User is a Talent, or (iii) providing the particulars of a given person in order to inform that person of a sponsorship, within the limits of the aforementioned provisions (Art. 6.c.).
- b. Ownership
Except for User Contents (as defined above), the Content made available on or via the Service, in particular texts, artwork, photos, software and interactive functions, is and shall remain the property of MMAgency or the property of the licensors of MMAgency. Neither the GTCU herein nor the Use of the Service by Users shall have the effect of transferring to or conferring upon Users any right whatsoever: (i) over the Service or in connection with the Service, except for the limited licence granted above; or (ii) to use or refer to, in any manner whatsoever, the company name, logos, names of products and services, trademarks or service marks of MMAgency or of licensors of MMAgency.
Users shall not copy, reproduce, download, republish, forward, display or distribute the Content of the Service in any manner whatsoever without the express, written and prior authorisation of the owner of the copyright over this Content. Users shall not alter documents obtained via the Service unless they have obtained the prior authorisation of the owner of the applicable copyrights. Users shall obtain prior and written authorisation for all other Uses of the material made available on or through the Service, from MMAgency or the copyright holder. MMAgency is the sole owner of all the design rights, databases and compilation and other intellectual property rights over the Service, in all cases, whether or not they are registered.
- c. Trademarks
The trademarks, Service marks and logos of MMAgency (hereinafter called “MMAgency Trademarks”) used and displayed on the Service are registered marks belonging to MMAgency. The other names of products and services shown on the Service may be trademarks or marks belonging to third parties (hereinafter called “Third party trademarks”). Nothing on the Service or in the GTCU shall be interpreted as implicitly granting a licence or a right to use a mark displayed on the Service without the prior, written and express consent of MMAgency for each single use.
- d. Restrictions
Users shall not (i) delete any notice of copyright, trademark or other proprietary notice of any part of the Service; (ii) sell, transfer, assign, license, sub-license or alter the Content and shall not reproduce, display, publicly perform, create a derived version of, distribute or otherwise use the Content in any manner whatsoever and for any purpose whatsoever, whether public or commercial. The Use or the publication of any Content on any other Website or in an IT network environment for any purpose whatsoever is expressly prohibited. Furthermore, Users shall not (iii) attempt to derive the source code, alter or create works derived from the App, the updates or any part of the App; (iv) insert links, make mirror sites or frames of any part of the Service; (v) trigger or launch any programme or script with the aim of recovering data (scraping), indexing, data browsing or, in any case, data mining from any part of the Service or, unduly slowing down or preventing the operation and/or functions of any part of the Service; or (vi) attempt any unauthorised access to any part of the Service or related systems or networks or impair them. If the User breaches any part of the GTCU, their right of access and/or of use of the Content and the Service shall be automatically cancelled and they shall immediately destroy all copies made of the Content
Declaration to the CCIN (Monegasque personal data protection authority).
The User has the right to access, modify and delete personal data either directly by amending their profile sheet, or by contacting the support service by e-mail at the following address: [email protected].
Data collected in this manner are exclusively intended to be used by MMAgency, its service providers and its partners. Any dissemination to third parties of the data gathered on Users shall be subject to an express and prior request. MMA has the IT resources intended for managing the Website’s Customer Service and for monitoring its content.
Information registered by Users are accessible to the company’s departments located in France as well as its service providers located in and outside the European Union.
The transfer of these data to a sub-contractor located outside the European Union is only intended for processing general questions that may be asked by Users (date of subscription or of creation of the profile, date of payment of the subscription, date of renewal and amounts paid or refunded) and monitoring compliance, by members of the Service, with the laws and the GTCU.
The transfer of data is governed by standard contractual provisions laid down by the European Commission.
The acceptance of data processing, as specified above, by our service providers located in or outside the European Union is an essential condition for the use of the services of the Service, whether free or against payment.
By agreeing with the GTCU, the User accepts that these data (date of subscription or of creation of the profile, date of payment of the subscription, date of renewal and amounts paid or refunded) may be processed in accordance with the aforementioned conditions.
Any person may obtain communication and, if necessary, rectification or deletion of their personal data, by contacting the Service’s Customer Support department at the following address: [email protected].
14. RESTRICTIONS ON THE USE OF THE SERVICE
- a. By using the Service, Users undertake not to:
i. use a device or software for interfering or attempting to interfere with the proper functioning of the Service, or any activity carried out on the Service;
ii. attempt to decrypt, decompile, disassemble or reverse engineer any of the software comprising or making up the Service;
iii. delete or alter any Content publish on the Service by MMAgency or any other person or entity;
iv. create a link with the Contents or information available on the Service;
v. alter, impair, mutilate or circumvent any approved software via which the Service is made possible;
vi. use the Trademarks, service marks, design marks, logos, photos or any other content belonging to MMAgency or obtained from the Service;
vii. access, alter or use non-public spaces of the Service, IT systems and infrastructure of MMAgency (or of its host), or technical systems of delivery of the suppliers of MMAgency;
viii. harass, abuse, harm, advocate or incite harassment, abuse or prejudice against another person or a group, including employees of MMAgency;
ix. provide false personal data to MMAgency;
x. create a false identity or steal the identity of another person or entity in any manner whatsoever;
xi. create a new account with MMAgency, without the express written consent of MMAgency, if MMAgency has already deactivated one of their accounts;
xii. request or attempt to request the personal information of other users;
xiii. limit, discourage or prevent any person from using the Service, disclose personal information on a third party to the Service or obtained via the Service without the consent of that person, or gather information on users of the Service;
xiv. use the Service to send e-mails or other communications to persons who have requested them not to send messages;
xv. obtain unauthorised access to the Service, to accounts, names or personally identifiable information of other users, or to other computers or Websites connected or linked to the Service;
xvi. display, spread or make available any virus, spyware or any other computer code, file or programme which can or is intended to deactivate, overload, alter, damage or divert the functioning of any hardware, software or telecommunication equipment, or any other aspect of the Service or of communication equipment and computers connected to the Service;
xvii. interfere with or disrupt the Service, the networks or servers connected to the Service or breach the rules, policies or procedures of these networks or servers;
xviii. breach any applicable law or regulation, whether national or local, or the terms of the GTCU;
xix. assist or allow anyone to carry out one of the activities described.
- b. External Websites
The Website and /or the App and its functions may contain links to third party Websites (hereinafter “External Websites”), in particular links to Websites of partners of MMAgency. These links have a commercial purpose and are provided solely for the convenience of Users and do not constitute an approval by MMAgency of the content of these External Websites. The content of these External Websites is developed and supplied by other services. Users must contact the Website administrator or the webmaster of these External Websites if they have any concerns regarding these links or any content hosted on these External Websites. MMAgency is not responsible for the content of linked External Websites and makes no representation regarding the content or correctness of any content on these External Websites. Users must exercise care when downloading files from all Websites to protect their computer against viruses and other destructive programmes. Users who decide to access External Websites do so at their own risk..
- c. Comments
MMAgency encourages Users to share their comments and suggestions with the objective of enhancing the Service. Users who choose to contribute to the improvement of the Service by sending MMAgency or its employees, via the contact section dedicated to this purpose by the Service, ideas of products, services, features, changes, content improvements, technological improvements, content offers (audio, visual, games or other types of content), promotions, strategies, names of products, or any other documentation, illustration, computer code, diagrams or other related documents (hereinafter together referred to as “Comments”), irrespective of the reasons of their communication, the following terms shall apply, in order to prevent misunderstandings in the future. Consequently, by sending Comments to MMAgency, Users accept that:
i. MMAgency is under no obligation to alter, take into account or implement the Comments of Users, or to reply to Users regarding all or part of these Comments for any reason whatsoever;
ii. the Comments are not confidential, and MMAgency is under no obligation to keep the feedback that Users send confidential or to refrain from using or disclosing them in any manner whatsoever; and
iii. MMAgency may reproduce, distribute, create derived works, alter, publicly perform (including on an audience basis), communicate to the public, make available, publicly display or otherwise use and enjoy the Feedback and its derivatives for any purpose and without restriction, free of charge and without any payment, including by producing, using, selling, offering for sale, importing and promoting commercial products and services incorporating the Comments, either in full or in part.
15. NOTIFICATION AND PROCEDURE PERTAINING TO COPYRIGHT AND SIMILAR RIGHTS
- a. Respect for the rights of third parties
MMAgency respects the principles inherent in intellectual property and takes the protection of intellectual property very seriously. MMAgency requests Users to do the same. Counterfeiting shall not be tolerated on or via the Service.
- b. Repeated breaches of MMAgency’s policy
MMAgency’s intellectual property protection policy consists of:
i. deleting or deactivating access to material that MMAgency believes, in good faith and based on the opinion of the owner of the intellectual property rights or of its agent, to be in breach of the intellectual property of a third party; and
ii. deleting any User Content downloaded on the Service by the users in breach.
MMAgency considers as a “user in breach” any user who has downloaded user Content or has written Comments on or via the Service and for which MMAgency has received more than two withdrawal notifications in compliance with the provisions of the GTCU. MMAgency may, however, at its own discretion, decide to cancel the account of any User after receiving only one notification of an alleged breach, or even decide to do so on its own.
- c. Procedure for reporting a breach
If a User believes that Content made available on or via the Service has been used or enjoyed in a way that breaches an intellectual property right that they own or control, the User must send a “Notification of breach” containing the information listed below to the following e-mail address: [email protected] or using the feature provided for this purpose by the Service via the contact section. MMAgency may share the Notification of breach of a User with the User presumed to have breached a right which the reporting User owns or controls. The User hereby agrees that MMAgency may make this disclosure.
The claim of the User who is a victim must include the following:
i. a physical or electronic signature of a person authorised to act in the name of the owner of the work or works which are claimed to have been infringed;
ii. identification of the infringing works or materials, or, if several works are covered by only one notification, a representative list of these works;
iii. identification of the specific content which is alleged to be in breach or which is subject to an unlawful activity and must be removed or access to which must be deactivated, and reasonably sufficient information to allow MMAgency to locate the Content;
iv. reasonably sufficient information to allow MMAgency to contact the User, such as an address, a telephone number and, if available, an e-mail at which the User can be contacted;
v. a declaration stating that the User believes, in good faith, that the Use of the Content in the alleged manner is not authorised by the owner of the copyright, their agent, or by the law;
vi. a declaration that the information contained in the notification is correct and that the reporting User is authorised to act in the name of the owner of an exclusive right which has been breached;
vii. Users are encouraged to consult a lawyer specialised in this field.
d. Notification of disputes
If a User receives a notification from MMAgency stating that the Content that they have made available via the Service has been the subject of a Notification of breach, this User shall have the right to provide MMAgency with what is called a “Notification of dispute”. To be effective, a counter-notification must be made in writing to MMAgency and include the following:
i. a physical or electronic signature of the User reported;
ii. identification of the Content which has been removed or to which access has been deactivated and the place where the content appeared before it was removed or access to it was deactivated;
iii. a declaration that the User presumed to be guilty believes, in good faith, that the Content has been removed or deactivated following an error or a wrong identification of the Content to be deleted or deactivated;
iv. the name, address and telephone number of the User presumed to be guilty.
The party submitting a counter-notification is advised to consult a lawyer to find out the mandatory statements to be provided for a counter-notification, under copyright law.
- e. Reintegration of the content subject to a counter-notification
If a User submits a Notification of dispute to MMAgency in response to a Notification of breach, MMAgency shall rapidly transfer to the person who has provided the initial Notification of breach, a copy of the User’s counter-notification. MMAgency shall reintegrate the deleted Content or Comments or shall no longer deactivate access to this user within 10 working days if the counter-notification proves to be justified. MMAgency shall be the sole decision maker on the reintegration of this Content.
16. APPLICABLE LAW AND COMPETENT JURISDICTION
The GTCU shall be exclusively governed by and interpreted in accordance with the laws of Monaco. The language of interpretation of the GTCU shall be French. Any dispute, conflict, request or controversy arising from or, generally, connected or relating to the Service or the GTCU, including as regards its validity, interpretation or application (hereinafter the “Disputes”), shall, firstly, be subject to an attempt at an amicable settlement. In the event of failure to reach an amicable settlement, the courts of Monaco shall have sole jurisdiction over the dispute.
If one or more provisions of the GTCU were to be declared null and void pursuant to a law or a regulation, the other provisions shall retain their effectiveness and scope of application, provided that the GTCU are not misleading, and that this does not give rise to a significant imbalance of the obligations imposed on the parties. The lack of action by MMAgency as regards a breach, whether it is due to a User or to others, shall not constitute a waiver of the right to act as regards similar or subsequent breaches of the GTCU.