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Beloola Terms of Service

The Simplified Joint-Stock Company V-CULT
Company with a registered capital of €99,939.00
Heardquarters based at Euratechnologies, 165 avenue de Bretagne - 59044 LILLE CEDEX
SIRET number (French Tax Identification Code): 514344274 00014
Tel: 09 53 54 62 21
Email: contact@v-cult.com
Hereinafter referred to as "V-CULT".
ON THE ONE HAND,
AND:
Any user wishing to benefit from the Service provided by V-CULT via www.beloola.com
Hereinafter referred to as "the Client".
ON THE OTHER HAND,
Collectively referred to hereinafter as "stakeholders" or individually"the stakeholder"

Article 1 - Purpose

The Beloola platform is a social network in 3D (hereinafter referred to as "the Website") for Clients to subscribe to such a service described herein (hereinafter referred to as "the Service").
More specifically, the site offers a marketplace, especially artistic, in real-time and multi-user, with purpose to develop different sectors such as the cultural industry, and to connect celebrities to the public permanently.
These terms of service aim to define the contractual relationship between V-CULT and its Clients, and the conditions applicable to any Service Order
A Service Order, as defined in Article 3 of these terms of service, implies the full approval by the Client of these terms. They prevail over any other general or special conditions of the Client.
V-CULT reserves the right to modify at any moment its terms and conditions. The conditions applicable to the Client are those in effect on the date of the subscription to the service.
It is agreed that if a condition was lacking in these terms, it would be governed in accordance with the procedures in force in the field of distance and electronic selling in France.

Article 2 - Access to the Service

The Client must sign up and create an account to access the Service offered by V-Cult by providing the Website with all information mentionned as compulsory and then follow the registration procedure.
The Client warrants the accuracy of the information provided and makes a commitment to update any personal information if any changes occur during the term of registration.
V-CULT will promptly notify the Client by email the confirmation of the registration containing the information provided by the Client.
Once the registration is complete, a personal space is provided to the Client to manage his "3D Space".
The Client will have a login and a password which are the access codes to his personal space which he is solely responsible for.
This 3D Space provides users of the Website with all elements (texts, music material, pictures, videos, etc.) the Client wishes to share. This 3D Space is entirely customisable by the Client through instructions and features provided by the Website.

Article 3 - Service Description

The Service provided by V-CULT is described on the Website.

Article 4 - Pricing

Any subscription to the Service provided by V-CULT is subject to the payment by the Client of the price of the subscription.
Prices quoted by V-CULT are denominated in euros all taxes included.
V-CULT reserves the right to change prices at any time. However, prices shown on the website on the day of subscription are the only ones applicable to the client.
Whatever the chosen method of purchase, payment shall be deemed made after actual payment is received by V-CULT.
It is stated that the bank transaction made via the website is secured and V-CULT does not retain any bank information on the Client and by any means.

Article 5 - Duration of Subscriptions

A subscription is made for a term of one year. The Client is free to subscribe to another term of one year at the end of his subscription.

Article 6 - Evidence

All data provided by the Client and its recorded confirmation valid proof of the transaction between the Parties.
V-CULT proceed with the filing of purchase orders and order confirmations on a reliable and sustainable support constituting an exact copy, pursuant to Article 1348 of the Civil Code. The records of the Site will be considered by the parties as proof of communications, orders, payments and transactions between the parties. Clients may access it on demand.

Article 7 - Client Responsibility

The Client warrants the accuracy of the information transmitted to V-CULT.
The Client must ensure that the ordered service is consistent with its needs.
The Client warrants that he will use the Service for strictly lawful purposes.
The Client is the only responsible for his personal and confidential access codes. Use and preservation of the latter are under his sole responsibility.
The Client alone bears the consequences that may result from the use of his access codes by other third parties.
In case of loss or theft of access codes, the Client undertakes to contact V-CULT who will indicate the procedure to regenerate them.
The Client undertakes to hold the full intellectual property rights and permissions for the items he has shared on his 3D space.
The Client also guarantees the veracity of the information supplied, if any.
The Client shall have the power, authority and capacity necessary for the conclusion and execution of obligations hereunder.
The Client undertakes to respect, in his use of the Service, all legal and regulatory requirements and the rights of third parties.
The Client fully accepts all legal obligations arising from the administration of the 3D space. V-CULT can not be sought or worried in this regard for any reason whatsoever, including cases of violation of laws or regulations by the Client.
The Client agrees to pay directly to the author any possible claim or amount that he would require from V-CULT.
The Client undertakes to respect the present article, from any user that he would mandate to intervene in his place on the Website.
In addition, the Client agrees to intervene on any request from V-CULT and in any proceedings against him and to ensure V-CULT of all convictions which would be pronounced against him at that time. Therefore, the Client agrees to be personally responsible for any claim and / or proceeding of whatever form, scope or nature that would be formed against V-CULT and which would relate to the obligations applicable to the borne by the Client under this contract.

Article 8 - Responsability of V-Cult

V-CULT undertakes to provide all the care and all the diligence necessary for the provision of a quality service in accordance with industry practices and state of the art. V-CULT responds only to an obligation of means.
The responsibility of V-CULT will not be engaged:
  • If the contract or any obligation to V-CULT hereunder is prevented, restricted or disturbed as a result of fire, explosion, failure of transmission networks, collapse of facilities, epidemic, earthquake, flood, power failure, war, embargo, law, order, demand or requirement of any government, strike, boycott, withdrawal of authorization from the telecommunications operator, or other circumstances beyond the reasonable control of V-CULT (“Case of Force Majeure”), then V-CULT, subject to prompt notification to the Client, will be excused from performance of its obligations to the extent of such prevention, restriction or inconvenience, and the Client will be equally exempt from execution his obligations to the extent that the requirements of this Party are related to the prevention, restriction or inconvenience of the execution, provided that the affected Party makes its best efforts to avoid or remove such causes of non-performance and that both Parties shall proceed promptly whenever such causes have ceased or been removed.
The Party affected by Force Majeure shall hold the other Party regularly informed by e-mail of the projected removal or reinstatement of the Force Majeure.
If the effects of a Case of Force Majeure last more than 30 days from the notification of the Case of Force Majeure to the other Party, the contract may be terminated automatically at the request of either Party without compensation from either side.
  • The Client also undertakes in the following cases:
  • - Any misuse of the Website or the 3D space management account by the Client, and also any fault, negligence, omission or failure on his part and breach of the advice given to him,
    - Any disclosure or unlawful use of the access codes by the Client,
    - Any foul, negligence or omission of a Third Party on which V-CULT has no control or supervision capacity,
    - Request for temporary or permanent interruption of the Website from a competent administrative or judicial authority,
    - Partial or total destruction of the items broadcasted by the Client as a result of errors directly or indirectly attributable to the Client.
  • Repairs due by V-CULT in case of failure of the Service resulting from a fault attributed to the company will correspond to the direct, personal and definite prejudice associated with the fault in question and to the express exclusion of any indirect damage such as, including commercial damage, loss of control, damage to brand image, any commercial problems, loss of profits or Clients.
In any event, the amount of damages that could be borne by V-CULT if its responsibility was engaged will be limited to the amount of the sums actually paid by the Client to V-CULT for the period or invoiced to the Client by V-CULT or the amount of money corresponding to the price of the Service for the part of the Service for which the responsibility of V-CULT was selected. The lowest level of these funds will be considered.
V-CULT makes no specific backup of customer data. Therefore the Client must take all necessary measures to protect his data in case of loss or damage to data entrusted, whatever the cause, including those not specifically mentioned herein.
The Client acknowledges that no provision hereof shall not relieve him of the obligation to pay all amounts due to V-CULT and provided through the Service.
V-CULT hosts the items distributed by the Client in its 3D space. As such, V-CULT will proceed to the withdrawal without delay of any item distributed by the Client that would be subject to the conditions prescribed by the law of 21 June 2004, of a notification by a Third Party on its illegality and undertakes to respect any court decision requiring it to disclose Client contact information.

Article 9 - Intellectual Property

Article 9.1 - Intellectual Property relating to the Website

All elements of the Website, including all graphics, sound, text and any underlying technology, are protected by copyright.
Therefore, the Client is forbidden, to proceed with any reproduction, representation or distribution, even partial, of any particular integral component of the Website.
In addition, V-CULT holds the Beloola brand. The Client agrees not to reproduce the brand, without the prior written consent of V-CULT.

Article 9.2 - Intellectual Property relating to items broadcasted by the Client

It is agreed that the Customer holds the intellectual property rights on the elements broadcasted to the Website or that he obtained sufficient permissions for their distribution.
By these Terms of Service, the Client authorizes V-CULT to exploit such elements in order to be broadcasted on the Site.

Article 10 - Personal Data

Personal information relating to the Client are processed automatically by V-CULT for the following purposes:
  • Customer Relationship Management ;
  • Storage of Connection Data ;
  • Tracking of browsing of the Client.
All data processings have been declared to the CNIL (Commission Nationale de l'Informatique et des Libertés - French Information Technology and Freedom of Information Commission).
These data may be subject to the Customer Agreement, communicated to partners of V-CULT and used for marketing purposes.
Similarly, V-CULT redirects the Client to a specific page for information about Cookies policy and share buttons to external social platforms.
The Client has, in accordance with the Article 27 of the French Data Protection Act of 6th January 1978, a right of access, modification, correction, deletion of all nominative data concerning him.
This right may be exercised by contacting V-CULT at the following address: Euratechnologies, 165 avenue de Bretagne - 59044 LILLE CEDEX or email: contact@v-cult.com
If the Client communicates within his 3D space personal data that could reveal his ethnic origin, nationality, religion or state of health of personal, the Client consents to the processing of these data by V-CULT and freely accepts responsibility.
V-CULT informs the Client that his data is hosted on the territory of the European Union.
V-CULT takes all appropriate measures to ensure the security and confidentiality of the personal data it processes.

Article 11 - Termination

Any serious failure of a Party to any of the obligations imposed upon by this Agreement and not repaired within 7 days of sending a registered letter with acknowledgment of receipt entitles for the other Party to avail unilaterally from the automatic termination of this Agreement, without prejudice to any damages which it may claim hereunder and subject to compliance with the notice above.
In case of termination of ongoing subscription for any reason whatsoever, the price paid is forfeited to V-CULT.
The termination of the contract for any reason whatsoever involves the Client’s access to its 3D space and the end of his broadcast on the Website on the effective date of resiliation of the contract.
V-CULT deletes all customer data.
The Client shall be responsible for taking the necessary measures for the prior recovery of its data.

Article 12 - Resignation and Tolerance

The two Parties agree that any approval or renouncement of one of the Parties in the implementation of all or part of the covenants herein, whatever may have been the frequency and duration, would not imply any modification of this Agreement nor generate other right.

Article 13 - Applicable law and jurisdiction

These Conditions are subject to French law.
In the event that a dispute arises between the Parties because of the execution or interpretation hereof, the Parties agree beforehand to any action in Justice that any claim will be the subject of a prior notice by registered mail with return receipt requested.
Any Party may then after a period of ten days following the sending of mail referred to in the preceding paragraph initiate any relevant procedure before the competent court.
In the event that the Client has not the capacity of consumer, jurisdiction is assigned to the Courts of the city of Lille.
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