The purpose of these Terms of Service (hereinafter the “Terms”) is to define the general conditions under which you (hereinafter “User”, “You”, “Your”, “Yours” ) can use the Popmii App, published by Letter of a Day (hereinafter “Lettre d’un Jour”, “popmii”, “We”, “Our”, “Ours”).
By accessing, downloading, installing and / or using popmii, you agree to any contractual provisions of the terms. Therefore, we ask you to read these Terms of Service carefully before using or accessing our services in any way.
If you refuse any or all of the obligations or conditions contained in these Terms of Service, please do not continue to use the popmii application.
1. Who can use the Services
If you are underage, you must have obtained the consent of your parents or your legal representative(s) before downloading, installing and/or using our popmii application.
By using the Services, you state that:
· you can form a binding contract with Lettre d’un Jour.
· you are not a person who is barred from receiving the Services under the laws of France.
· you will comply with these Terms and all applicable local, state, national, and international laws, rules, and regulations.
If you are using the Services on behalf of a business or some other entity, you state that you are authorized to grant all licences set out in these Terms and to agree to these Terms on behalf of the business or entity.
2. User rights
Lettre d’un Jour grants you a personal, worldwide, royalty-free, non-assignable, non-exclusive, revocable, and non-sublicensable licence to access and use the Services. This licence is for the sole purpose of letting you use and enjoy the Services’ benefits in a way that these Terms and our usage policies, allow.
With any software that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device’s settings.
You may not copy, modify, distribute, sell, or lease any part of our Services. Nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit these restrictions or you have our written permission to do so.
3. Lettre d’un Jour rights
Many of our Services let you create, upload, post, send, receive, and store content. When you do that, you retain whatever ownership rights in that content you had to begin with. But you grant us a licence to use that content. How broad that licence is depends on which Services you use and the settings you have selected.
We reserve the right to delete any content (i) which we think violates these Terms, or (ii) if necessary to comply with our legal obligations. However, you alone, remain responsible for the content you create, upload, post, send, or store through the Services.
The Services may contain advertisements. In consideration for Lettre d’un Jour letting you access and use the Services, you agree that we, Lettre d’un Jour, our affiliates, and our third-party partners may place advertising on the Services, including personalized advertising based upon the information you provide us or we collect or obtain about you. Because the Services contain content that you and other users provide us, advertising may sometimes appear near, between, over, or in your content.
We always love to hear from our users. But if you volunteer feedback or suggestions, just know that we can use your ideas without compensating you.
4. The content of others
Much of the content on our Services is produced by users, publishers, and other third parties. The content is the sole responsibility of the person or organization that submitted it. Although Lettre d’un Jour reserves the right to review all content that appears on the Services and to remove any content that violates these Terms, or the law, we do not necessarily review all of it.
Through these Terms, we make clear that we don’t want the Services to be put to bad uses. But because we don’t review all content, we cannot guarantee that content on the Services will always conform to our Terms.
Please note that the Application is based on the scanning of stickers. If you choose to use the Application, you authorize the Application to access the camera of your device.
You also agree that the Application can use network data, such as the IP address, use the geolocation of your mobile operating system or Your Web browser to determine Your location.
The main purpose of processing your personal data is to enable you to use the Application and the Digital Services, including:
– manage the enriched stickers that you have scanned in order to access the Digital Services;
– analyze the statistics on the use of the Application (number of views, number of clicks, number of users, etc.);
– prevent any prohibited or illegal activity;
– correct problems and improve the Application.
– Your location data is only used to determine your country and city for technical and security reasons (in particular to determine which servers should be used to enable you to access the Digital Services).
– We may provide your personal data to third parties working for us or our partners (the list of partners can be obtained by writing to us at the address mentioned in the section “How to contact us?” below).
Your personal data may also be provided to other affiliates, subcontractors in charge of the administration, hosting, maintenance and administration of the Application and related transactions.
The provision of data is carried out under certain conditions and guarantees allowing the respect of this policy and the applicable rules relating to the protection of the personal data, in particular, the rules concerning the subcontracting of the personal data.
If Lettre d’un Jour merges, is acquired or is sold to another company, in whole or in part, our business will terminate. We will provide your personal data to the said company even if it is established outside the European Union. In addition, we may be required to disclose your personal data to ensure compliance with a legal or regulatory obligation, a judicial decision or, where appropriate, to defend or exercise a right before a jurisdiction both in France and abroad.
6. Respecting other people’s rights
Lettre d’un Jour respects the rights of others. And so should you. You therefore may not use the Services, or enable anyone else to use the Services, in a manner that:
· violates or infringes someone else’s rights of publicity, privacy, copyright, trademark, or other intellectual-property right;
· bullies, harasses, or intimidates;
· spams or solicits our users.
You must also respect the rights of Lettre d’un Jour and its affiliates, including these Terms – we do not grant you any right to do any of the following (or enable anyone else do so):
· use branding, logos, designs, photographs, videos, or any other materials used in our Services;
· copy, archive, download, upload, distribute, syndicate, broadcast, perform, display, make available, or otherwise use any portion of the Services or the content on the Services except as authorized in these Terms;
· use the Services, any tools provided by the Services, or any content on the Services for any commercial purposes without our consent.
7. Respecting copyright
We respect copyright law. We therefore take reasonable steps to expeditiously remove from our Services any infringing material that we become aware of. And if Lettre d’un Jour becomes aware that one of its users has repeatedly infringed copyrights, we will take reasonable steps within our power to terminate the user’s account.
We make it easy for you to report suspected copyright infringement. If you believe that anything on the Services infringes a copyright that you own or control, please contact us:
Lettre d’un Jour
36 Boulevard de la Bastille
If you file a notice, it must:
· contain the physical or electronic signature of a person authorized to act on behalf of the copyright owner;
· identify the copyrighted work claimed to have been infringed;
· identify the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed, or access to which is to be disabled, and information reasonably sufficient to let us locate the material;
· provide your contact information, including your address, telephone number, and an email address;
· provide a personal statement that you have a good-faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
· provide a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
We try hard to keep our Services a safe place for all users. But we can’t guarantee it. That’s where you come in. By using the Services, you agree that:
· You will not use the Services for any purpose that is illegal or prohibited in these Terms.
· You will not use any robot, spider, crawler, scraper, or other automated means or interface to access the Services or extract other users’ information.
· You will not use or develop any third-party applications that interact with the Services or other users’ content or information without our written consent.
· You will not use the Services in a way that could interfere with, disrupt, affect negatively, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services.
· You will not use or attempt to use another user’s account, username, or password without their permission.
· You will not solicit login credentials from another user.
· You will not post content that contains pornography, graphic violence, threats, hate speech, or incitements to violence.
· You will not upload viruses or other malicious code or otherwise compromise the security of the Services.
· You will not attempt to circumvent any content-filtering techniques we employ, or attempt to access areas or features of the Services that you are not authorized to access.
· You will not probe, scan, or test the vulnerability of our Services or any system or network.
· You will not encourage or promote any activity that violates these Terms.
We also care about your safety while using our Services. So do not use our Services in a way that would distract you from obeying traffic or safety laws.
9. Your account
You are responsible for any activity that occurs in your popmii account. So it’s important that you keep your account secure. One way to do that is to select a strong password that you don’t use for any other account.
By using the Services, you agree that, in addition to exercising common sense:
· You will not create more than 1 account for yourself.
· You will not create another account if we have already disabled your account, unless you have our written permission to do so.
· You will not buy, sell, rent or lease access to your popmii account, a popmii username or a friend link without our written permission.
· You will not share your password.
· You will not log in or attempt to access the Services through unauthorized third-party applications or clients.
If you think that someone has gained access to your account, please reach out immediately to email@example.com.
Popmii technology uses physical stickers. Any total or partial reproduction or copying is forbidden without our express, prior and written consent.
When you stick any sticker you must follow the local laws. It is forbidden to throw any of the stickers away on a public road or in public places.
11. Data charges
You are responsible for any mobile charges that you may incur for using our Services, including text-messaging and data charges. If you’re unsure what those charges may be, you should ask your service provider before using the Services.
12. Third-party services
If you use a service, feature or functionality that is operated by a third party and made available through our Services (including Services we offer jointly with the third party), each party’s terms will govern the respective party’s relationship with you. Lettre d’un Jour is not responsible or liable for a third party’s terms or actions taken under the third party’s terms.
13. Modifying the Services and termination
We’re relentlessly improving our Services and creating new ones all the time. This means that we may add or remove features, products, or functionalities, and we may also suspend or stop the Services altogether. We may take any of these actions at any time, and when we do, we will try to notify you beforehand – but this won’t always be possible.
Though we hope you remain a lifelong user, you can terminate these Terms at any time and for any reason by deleting your account.
Lettre d’un Jour may also terminate these Terms with you if you fail to comply with these Terms, or the law, or for any other reason particularly situations outside our control. And while we’ll try to give you advance notice, we can’t guarantee it. Our right to terminate these Terms means that we may stop providing you with any Services, or impose new or additional limits on your ability to use the Services. For example, we may deactivate your account due to prolonged inactivity, and we may reclaim your username at any time for any reason.
Regardless of who terminates these Terms, both you and Lettre d’un Jour continue to be bound by Sections 3, 6, 9, 10 and 13-22 of the Terms.
You agree, to the extent permitted by law, to indemnify, defend and hold harmless Lettre d’un Jour, and our affiliates, directors, officers, stockholders, employees, licensors, suppliers, and agents from and against any complaints, charges, claims, damages, losses, costs, liabilities and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to: (a) your access to or use of the Services; (b) your content; and (c) your breach of these Terms.
We try to keep the Services up and running and free of annoyances. But we cannot promise that we will always succeed.
The Services are provided “as is” and “as available” and to the extent permitted by law without warranties of any kind, either express or implied, including, in particular implied warranties, conditions, or other terms relating to (i) merchantability, satisfactory quality, fitness for a particular purpose, title, quiet enjoyment, non-infringement, or (ii) arising from a course of commercial dealings. In addition, while Lettre d’un Jour attempts to provide a good user experience, we do not represent or warrant that: (a) the Services will always be secure, error-free or timely; (b) the Services will always function without delays, disruption or imperfections; or (c) that any content or information you obtain through the Services will be timely or accurate.
If the law of the country where you live does not allow the exclusions of liability provided for in this clause, those exclusions shall not apply.
Lettre d’un Jour, and their affiliates take no responsibility and assume no liability for any content that you, another user, or a third party creates, uploads, posts, sends, receives, or stores on or through our Services. You understand and agree that you may be exposed to content that might be offensive, illegal, misleading, or otherwise inappropriate, none of which Lettre d’un Jour, nor their affiliates, will be responsible for.
Nothing in these Terms will exclude or limit any responsibility we may have to remove content if so required by the law of the country where you live.
16. Limitation of liability
If the law of the country where you live does not allow any limitation of liability provided for in this clause, that limitation will not apply.
Lettre d’un Jour, and our affiliates, directors, officers, stockholders, employees, licensors, suppliers, and agents will not be liable for any indirect, incidental, special, consequential, punitive, or multiple damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill or other intangible losses, resulting from: (a) your use of the Services or inability to use the Services; (b) your access to or inability to access the Services; (c) the conduct or content of other users or third parties on or through the Services; or (d) unauthorized access, use or alteration of your content. In no event will Lettre d’un Jour, or their affiliates’ aggregate liability for all claims relating to the Services exceed the greater of €100 EUR or the amount you paid Lettre d’un Jour in the last 12 months for any paid Services.
17. Exclusive venue
To the extent the parties are permitted under these Terms to initiate litigation in a court, both you and Lettre d’un Jour agree that all claims and disputes (whether contractual or otherwise) arising out of or relating to the Terms or the use of the Services will be litigated exclusively in the courts of France. You and Lettre d’un Jour consent to the exclusive jurisdiction of those courts.
18. Choice of law
The laws of France govern these Terms and any claims and disputes (whether contractual or otherwise) arising out of or relating to these Terms or their subject matter.
If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions.
20. Final terms
· These Terms make up the entire agreement between you and Lettre d’un Jour and supersede any prior agreements.
· These Terms do not create or confer any third-party beneficiary rights.
· If we do not enforce a provision in these Terms, it will not be considered a waiver.
· We reserve all rights not expressly granted to you.
· You may not transfer any of your rights or obligations under these Terms without our consent.
How to contact us
Lettre d’un Jour welcomes comments, questions, concerns, or suggestions. You can send us feedback or get support by e-mail: firstname.lastname@example.org
Lettre d’un Jour and is located in France at 36 Boulevard de la Bastille – 75012 Paris. Registered company number: 810 620 849. Authorized representative: Geoffrey Costilhes, Director. VAT ID: FR 03 810620849.