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Terms of Service

Last updated: 01/20/2020

 

Article 1 – Legal information

The Company Studio W Agency (hereinafter mentioned “the Company”), a Limited Liability Company capitalized at €20,000 the headquarters of which is based 31 rue des Tournelles, 92290 Châtenay-Malabry, France, registered with the Trade and Companies Register of Nanterre under number 501 051 551, is represented by Mr. Laurent DUMONT, acting as Managing Director.

Website: www.podcastics.com
VAT individual number: FR82501051551
Contacts
Mail: 26-28 rue des Grands Augustins, 75006 Paris, France
Email: contact@support.podcastics.com

Insurance provider:
Policy number: HSXPM310007228
Contact: Hiscox Direct – TSA 49007 – 60477 Compiègne

 

Article 2 – Definitions

« Subscription(s) » refers to one or more monthly subscriptions, be they free of charge or subject to payment, provided by the Company and through which Podcasters can import their Podcasts on the Platform. The terms and conditions specific to each subscription are detailed here: https://www.podcastics.com/en/create-podcast/

« Listener(s) » refers to the Users of the Platform, be they natural or legal persons, who listen to the Podcasts imported on the Platform.

« Platform » refers to the Company’s Internet website, as mentioned at the top of these General Terms of Service, on which Podcasters can find a complete solution to manage, host, share and monetize their Podcasts.

« Podcasts » refers to the audio digital contents, be they in serial format or not, imported on the Company’s Platform by the Podcasters and that can be listened to by the Listeners.

« Podcaster(s) » refers to the Users, be they natural or legal persons, who import Podcasts on the Platform by taking out a Subscription provided by the Company, even when free of charge.

« User(s) » refers to any person, including the Listeners and Podcasters, who access the Company’s Platform.

 

Article 3 – Application Scope

These General Terms of Service apply to all accesses and all uses of the Platform by the Users without reservation nor restriction. Some of these provisions apply more specifically to the Podcasters or Users.

The Users are required to carefully read these General Terms of Service prior to subscribing to the Platform.

The User declares that he/she/they has acknowledged these General Terms of Service and especially the rules related to the copyright described herein for he/she/they has accepted them by ticking the box provided for that purpose prior to subscribing.

Underage Users are allowed to subscribe to the Platform provided that they have previously obtained the consent of their parents or legal guardians. The Company reserves the right to request a written evidence of such parental consent from any Platform User suspected of being underage. At all events, the Use of the Platform by underage Users shall be made under the responsibility of their parents or legal guardians. To the extent permitted by applicable law, the Company shall not be held liable regarding the use of the Platform by underage Users without their parents’ or legal guardians’ consent.

 

Article 4 – Introduction of the Platform

4.1 Accessing the Platform

The Platform is accessible free of charge to all Users with an Internet connection. All costs whatsoever pertaining to the Platform access are at the exclusive expense of the User, who is sole responsible for the proper functioning of his/her/their IT equipment as well as of his/her/their Internet connection.

 

4.2 Platform Availability

The Company strives to provide the User with a 24/7 access to the Platform, except in cases of force majeure and subject to the following conditions.

For instance, the Company can, at any moment and without being held responsible:

  • Suspend, block or limit the access to all or part of the Platform, reserve access to the Platform, or to some parts of the Platform, to a determined category of Users;
  • Delete all information that may disturb the operation of the Platform or infringe national or international laws, or Netiquette rules;
  • Suspend or limit the access to the Platform in order to proceed to updates.

The Company shall not be held responsible for any impossibility to access the Platform in a case of force majeure, within the provisions of article 1218 of the French Civil Code, or because of an event that is beyond its control (especially for problems affecting the User’s equipment, for technical incidents, for disturbances on the Internet network, etc.).

The User acknowledges that the Company’s obligation regarding the availability of the Platform is just an obligation of means.

The Company reserves the right to modify the functions of the Platform, at any moment, with no further notice to the User.

 

4.3 Subscription to the Platform

The access to some of the services provided on the Platform (import, management, hosting, broadcasting or monetization of the Podcasts, comments, opinions, notes, member tagging, etc.) depends on the creation of an account on the Platform by the User. When subscribing, the User has to give accurate and sincere information. In the event of any modification of such information, the User promises to modify the data registered in his account.

Once the data are entered, the User receives an email with a link through which he shall confirm that his email address is correct.

The User must create his/her/their ID and password when subscribing to the Platform. Such ID and password are personal and confidential. They can be changed only upon demand from the User or on the Company’s initiative, to the extent that the User has previously been informed.

The User is sole responsible for his/her/their ID and password. He/she/they promises to make every effort to keep his/her/their IDs secret and not to disclose them in any way whatsoever. He/she/they shall inform the Company without delay if he/she/they notices any safety flaw, especially when it is related to the voluntary disclosure or to the misappropriation of his/her/their ID and/or password, so that the Company can, without delay, take the necessary measures to solve such safety problem.

In the event of loss or misappropriation of an ID and/or password, the User shall inform the Company as soon as possible. The Company shall then deactivate the User’s account and provide the User with a new password so that he/she/they can reinitialize his/her/their account via the email address he/she/they have provided.

 

4.4 Unsubscribing from the Platform

The User can unsubscribe from the Platform at any moment by deleting his/her/their account. He/she/they must request such an unsubscription via this email address: contact@support.podcastics.com

Any unsubscription shall be held effective as soon as the User’s request is processed by the Company. However, if the User has taken out a Subscription, the unsubscription from the Platform and the cancelation of his/her/their account shall be held effective only upon expiration of such Subscription.

The User acknowledges that unsubscribing from the Platform leads to the deletion of all his/her/their data and all the contents he/she/they has imported on the Platform, except for the data that must be kept if legally required or for purposes of proof.

However, the User can create a new account at any moment by following the process of subscription to the Platform.

 

Article 5 – Subscriptions

5.1. Services offered by the Company

The Company offers several types of Subscription to the Podcasters on its Platform so that they can import their Podcasts. The prices and terms of such services are detailed on the Company’s website: https://www.podcastics.com/en/create-podcast/

The Company reserves the right to delete and/or modify the terms and conditions of its subscriptions if considered necessary to adapt to the market. Such modifications or deletions shall not be applicable to the Subscriptions already taken out by the Podcasters, unless with express approval from them.

A single User account can be used to take out several Subscriptions to manage several Podcasts.

 

5.2. Taking out a Subscription

When taking out a Subscription, the Podcaster confirms by “double-clicking”. Such “double-click” acts as a digital signature the value of which equals that of a handwritten signature between the Podcaster and the professional.

Procedure:

  1. Compare the Subscriptions offered by the Company.
  2. Choose the Subscription you want to take out.
  3. Create an account by following the steps displayed on screen. It is compulsory to previously register and log in your personal account to take out a Subscription.
  4. Accept the Terms and Conditions by ticking the allocated box (1st click).
  5. You will receive an electronic mail to confirm your email address. Click on the link displayed in this email.
  6. You will be redirected to a validation page for your account. Click on the link displayed on this page (2nd click). Your registration is then completed.
  7. You will receive an electronic mail confirming your registration.

Choosing and taking out a Subscription offered by the Company is of the Podcaster’s sole responsibility. By confirming his/her/their Subscription, the Podcaster expresses his/her/their definitive acceptance of the price and features of such Subscription.

 

5.3. Free trial

The Subscription taken out by the Podcaster can start by a free trial, so that new Podcasters can try the Platform. The duration of such free trial is specified during the order.

The Company reserves the right to refuse or revoke a free trial in the event of abuse from the Podcaster, especially if a Podcaster has already taken out a free trial for the same Podcast. The Company is likely to use information such as the device ID, the payment method used or an email address associated with another account with a pre-existing or recent Subscription to determine whether or not the free trial is acceptable.

Some of the promotions offered by the Company may not be combined with a free trial.

The Subscription fees for the following month shall be invoiced upon termination of the free trial via the payment method provided by the Podcaster. However, in the event of a cancellation of the Subscription by the Podcaster before the end of the free trial period, he will not be charged. The expiration date of the free trial period shall be mentioned to the Podcaster upon order and accessible at any moment on his account.

 

5.4. Evidence of order

The digital registers, stored in the Company’s IT systems in reasonable safety conditions, shall be held as evidence of the communications, subscriptions and payments that occurred between both parties.

It is expressly agreed that, unless proved otherwise, the data saved in the Company’s IT system constitute the evidence for all the transactions settled with the Podcaster.

 

5.5. Cancelling a Subscription

The Subscriptions are taken out for an indefinite period. The Podcaster is free to cancel his/her/their Subscription at any moment through a request issued to the Company via this email address: contact@support.podcastics.comor through the “Subscription” page in his/her/their account.

The cancellation will be held effective upon the end of the ongoing invoicing period. The services offered through such Subscription remain accessible until that date.

For charged Subscriptions, no refund shall be given in the event of a cancellation of the Subscription during an invoicing period. All invoicing periods are applicable in full.

The Company reserves the right to cancel a Podcaster’s Subscription in the event of infringement by the Podcaster of his/her/their duties as expressed in Articles 4, 5, 7, 8, 10, 11 and 16 of these General Terms of Service, upon notification through an email sent to the Podcaster.

 

Article 6 – Right of withdrawal for the users

6.1 Deadlines and terms

For the contracts signed remotely, the Company, with regard to the rules in force, informs the Podcaster that as soon as he/she/they becomes a user within the meaning of the rules applicable, he/she/they can withdraw with no reason within fourteen (14) days starting from the contract conclusion for contracts regarding service deliveries.

In order to exercise his/her/their right of withdrawal, the Podcaster shall inform the Company of his/her/their decision to cancel the contract through an unambiguous statement (for instance sent through the post or by electronic mail). If the Podcaster exercises his/her/their right of withdrawal via an electronic mail, the Company shall send him/her/they an acknowledgement of receipt with no delay by electronic mail.

For the withdrawal period to be respected, the Podcaster only needs to give the statement through which he/she/they exercises his/her/their right of withdrawal before the withdrawal period expires. This right or withdrawal shall not be fined.

 

6.2 Refund period

In the event of a withdrawal from the Podcaster, the Company shall refund all payments received from the Podcaster, with no excessive delay, and at all events, at the latest within fourteen (14) days from the day the Company is informed of the Podcaster’s decision to withdraw. If the Podcaster exercises his/her/their right of withdrawal during a free trial period, the Company shall put an end to the contract, with no refund, at the end of the free trial period.

 

6.3 Waiver of withdrawal right

In accordance with Article L. 221-25 of the French Consumer Code, the enforcement of the service provisions may start during the withdrawal period if expressly requested by the Podcaster. Thus, the Company shall register his/her/their express request on paper or any durable medium.

Any Podcaster who has exercised his/her/their right of withdrawal from a service provision that has already been enforced, on his/her/their express request, prior to the end of the withdrawal period shall give the professional an amount of money corresponding to the service provided until the exercise of his/her/their withdrawal right; such amount of money is proportionate to the total cost of the Subscription.

 

6.4 Lack of withdrawal right

In accordance with Article L. 221-28 of the French Consumer Code, the Company shall inform the Podcaster that he/she/they will not be entitled to exercise his/her/their withdrawal right for:

  • Contracts of service provision fully enforced prior to the end of the withdrawal period and the enforcement of which started with express prior consent from the user and after his/her/their express waiver of withdrawal right;
  • Contracts of provision for any digital content not provided on a hardware support and the enforcement of which started with express prior consent from the user.

 

Article 7 – Prices and payment

The conditions of this article only apply for Podcasters who have taken out a charged Subscription.

The use of the Platform by the audience is free of charge, except for the Podcasts the access of which is charged.

 

7.1  Prices

Except for the Subscriptions that are available for free, Subscriptions are provided by the Company for the current prices as specified on the Platform.

Such prices are firm and non-revisable during their validity period, as specified on the Platform; the Company reserves the right, outside such validity period, to modify these prices.

An invoice is issued by the Company and sent to the Podcaster by email upon confirmation of the Subscription.

 

7.2  Payment

The costs of Subscription to the Platform are invoiced at the beginning of every month, on the invoicing date specified in the Podcaster’s account.

By providing his/her/their payment information, the Podcaster expressly allows the Company to collect the cost of the Subscription every month until the end of the Subscription taken out by the Podcaster.

 

7.3  Late payment

For consumers: In the event of a late payment of the amounts owed by the Podcaster beyond the agreed terms, delay penalties calculated at the legally expected rate shall be automatically and fully acquired by the Company, without any previous formality nor formal notice, without prejudice to any other legal action the Company would be entitled to take, for this reason, against the Podcaster.

Any late payment shall lead to immediate chargeability of the total amounts owed by the Podcaster, without prejudice to any other legal action the Company would be entitled to take, for this reason, against the Podcaster. Furthermore, the Company reserves the right to suspend or cancel any Subscription in accordance with the terms listed in Article 5.5. of these General Terms of Service.

For professionals: In addition to the above, in the event of any late payment or deposit of the amounts owed by the Podcaster beyond the terms agreed upon Subscription, and after the payment date mentioned on the invoice issued to such Podcaster, late penalties, calculated at a 15% rate, shall be automatically and fully acquired by the Company, without any previous formality nor formal notice, without prejudice to any other legal action the Company would be entitled to take, for this reason, against the Podcaster. Furthermore, a 40 euro flat-rate allowance for recovery costs will be fully owed by the Podcaster without prior notice in the event of any late payment. The Company reserves the right to demand a supplementary compensation to the Podcaster if the recovery costs effectively incurred exceeded this amount, upon presentation of justification.

 

7.4. Penalties for late payment

In the event of a no payment or a late payment, the Company reserves the right to, on its choice:

  • Cancel the Podcaster’s Subscription;
  • Suspend the Podcaster’s Subscription;
  • Restrict the Podcaster’s Subscription; thus: charged Subscriptions shall be restricted to the functions of a free Subscription, i.e. it will no longer be possible to add a new episode of the Podcast, the RSS feed will be deactivated, and the Podcaster will no longer be able to access statistics nor audio players.

 

7.5 Discounts – Rebates – Remittance – Drawback

No discount shall be given by the Company for cash payment or any payment made within a timeframe shorter than the one described in these General Terms of Service, nor on an invoice issued by the Company. No rebate, remittance nor drawback shall be given by the Company, unless specified conditions apply.

 

Article 8 – Podcast Content

8.1 Podcaster’s Duties

The Podcaster commits to use the Platform in compliance with the laws and rules in force, not to violate public order, moral ethics nor any third-party rights, including their intellectual property rights.

The Podcaster is sole responsible for the content of the Podcasts he/she/they uploads on the Platform. For this reason, it is expressly forbidden for the Podcaster to upload on the Platform:

  • Podcasts infringing or detrimental to intellectual property third-party rights or to third-party image rights;
  • Podcasts that may be defamatory, insulting, violent, racist, xenophobic, revisionist, obscene, pornographic, indecent, shocking or inappropriate for family audience;
  • Podcasts that may be defamatory, deceptive, misleading, promoting illicit or fraudulent activities, inciting to hatred, harassment or any form of physical offense;
  • More generally, Podcasts that may infringe third-party rights.

The Company reserves the right not to publish, to delete or to restrict the Platform access to Podcasts that do not comply with such duties. The Company also reserves the right to suspend or cancel the Subscription of any Podcaster who post Podcasts that do not abide by the rules established in Article 5.5 of these General Terms of Service.

 

8.2 Company Guarantee

The Company do not perform any moderation, selection, modification nor adaptation whatsoever on the Podcasts, but shall purely and simply delete them in the event of non-compliance to the terms of Article 8.1 of these General Terms of Service.

The Company promises not to alter the content of the Podcasts imported on the Platform for promotional or advertising purposes. No publicity nor promotional advertising shall be integrated by the Company neither before, during nor after the content of the Podcast.

Subject to the provisions of Article 8.1 of these General Terms of Service, the Podcaster is free to choose the content of the Podcast he/she/they intends to import on the Platform.

 

Article 9 – Podcast Availability

The Podcasts imported on the Platform are broadcasted via RSS feed reading and on the audio players available on the Platform.

The Podcasts available on the Platform may depend on the geographic area and the country where the User is. Some of the Subscriptions offered by the Company allow replication of the audio files of the Podcasts in various countries in order to shorten accessing periods. However, the sound quality of the Podcasts may vary from one device to the other and may be influenced by various factors, such as the User’s localization, the available bandwidth, the connection speed, the audio accessories (earphones, speakers) used by the User, and the audio quality of the Podcast imported by the Podcaster. The User acknowledges that the Company shall not be held responsible for such variations.

The Podcaster is sole responsible for the proper functioning and the sound quality of the recording equipment used for the Podcasts.

 

Article 10 – User Profile

The User gets a Platform profile the content of which can be edited. Thus, he/she/they is sole responsible for the contents, whatever their nature, he/she/they posts on his/her/their profile, including the editorial and graphic contents and/or the User’s profile picture.

For this reason, he/she/they promises that:

  • He/she/they owns all the rights and authorizations necessary to the broadcasting of such contents;
  • These contents do not violate public order, moral ethics nor any third-party rights, including their intellectual property rights.
  • These contents are not likely to compromise the Company’s responsibility.

 

Article 11 – Users’ Duties

11.1 Podcast Listening

The Podcasts broadcasted on the Platform are reserved for a strictly personal and non-commercial use. The User benefits from a restricted, non-exclusive and non-transferable right of access to the Podcasts broadcasted on the Platform. With the exception of the above, no right nor title is granted to the User for the Podcasts.

The User commits:

  • Not to use the Platform for public broadcastings;
  • Not to copy, distribute, modify, publish, concede, create derived works or sell all or part of the Podcasts broadcasted on the Platform.

 

11.2 Comments and Podcast rating

The Users can leave a public comment and rate the Podcasts available on the Platform.

The Users are sole responsible for the comments and rates they leave. However, the Company reserves the right not to publish or delete from the Platform, among other things: comments that might be non-relevant, abusive, promoting racism, fanaticism, hatred or any form of physical assault, harassing or harassment-promoting; defamatory or insulting contents; contents promoting fallacious or deceptive information; contents promoting illicit activities or abusive, obscene or threatening behaviors.

The Users are also sole responsible for their communication with other Users and of the information they pass on to one another on and out of the Platform. Thus, The Users commit to show vigilance and discernment in their exchanges.

In addition, the comments and notifications related to Podcasts that are no longer on the Platform will be deleted.

 

Article 12 – Liability, Guarantee

12.1 Platform Use

The Company shall not be held liable by the User, especially for:

  • Any use of the Platform by the User that is contrary to its original purpose;
  • Any use of the Platform or of any service accessible via Internet;
  • Any Internet and/or Intranet network interruption;
  • Any technical problem and/or cyber-attack impacting the premises, the digital facilities and spaces, the software and the equipment belonging to or under the responsibility of the User.

The equipment used to log in to the Platform is under the User’s full responsibility.

The User shall take all appropriate measures to protect his/her/their equipment and his//their own data, especially in the event of virus attacks on the Internet. In addition, the User is sole responsible for the websites, applications and data he/she/they visits.

In any case, the Company shall not be held liable in the event of non-compliance of a Podcast as a result of its importation on the Platform by the Podcaster, in accordance with the measures of Article I° 7) of the Act of 21 June 2004 for the Confidence in the Digital Economy. The Podcaster is sole responsible for the content and the proper functioning of the Podcast he/she/they imports on the Platform.

 

12.2 General limitation of liability

The Company shall take all measures and all necessary care to the proper enforcement of its duties. It may be exempted from all or part of its responsibility by showing evidence that the breach of improper fulfillment of its duties may be attributed either to the User, or to an unpredictable or insurmountable event, or to a case of force majeure.

For professionals: The Company shall in no way be held responsible for indirect harms, such as commercial prejudice, data loss, damage to brand image, any commercial disruption, benefit, gain and/or profit loss, exchange loss, client loss. At all events, the amount of the monetary damages that may be attributed to the Company under these Terms, for all sorts or accumulations of harms, if it was to be held liable, shall not exceed an amount equivalent to the amount of the Subscriptions actually paid by the Podcaster.

 

Article 13 – Support, reporting

13.1 Support

The Company provides the Users with a support service that may be called for any difficulty encountered while browsing the Platform, taking out a Subscription, listening to or importing Podcasts on the Platform.

The Company’s support service can be contacted by email at: contact@support.podcastics.com

 

13.2 Reporting

Any User that may consider a Podcast or any other content as illicit or non-compliant to these General Terms of Service can report such content to the following email address: contact@support.podcastics.com

Such report shall contain the following elements:

  • The date;
  • The reporter’s ID (if the reporter is a natural person: his/her/their last name, first name(s), job, address, nationality, date and place of birth; if the reporter is a legal person: its legal status, title, headquarters and legal representative body);
  • The addressee’s name and address, or its title and headquarters if it is a legal person;
  • The description of the litigious facts and their accurate localization;
  • The reasons for which the content should be withdrawn, including the mention of the legal provisions and evidences of the facts;
  • The copy of the letters sent to the author or editor of the litigious information asking him/her/they to withdraw or modify them, or the evidence showing that the author or the Company could not be contacted.

It will allow the Company to examine such content and determine if it is illicit or non-compliant with these General Terms of Service. If need be, the Company commits to promptly withdraw or restrict access to any content deemed illicit or non-compliant to these General Terms of Service as soon as it is brought to its knowledge by any person having an interest therein as prescribed by the law and mentioned above.

The fact, for any person, to present the Company with a content or activity deemed illicit in order to have it withdrawn or to stop its broadcasting, even though such person is aware that such information is inaccurate, may result in a one-year imprisonment and a 15,000-euro fine.

 

Article 14 – Platform Transparency

In accordance with the applicable rules, the Company shall provide the Users with the following information:

 

14.1 Podcast referencing and ranking

The Company is entitled to publicly publish, on its website, a catalogue of the Podcasts broadcasted on the Platform for informational purposes. A Podcast can be referenced in this catalogue without previous consent for the Podcaster who owns the Podcast. However, a Podcaster can refuse the referencing of his/her/their Podcast in this catalogue through a request sent by email to: contact@support.podcastics.com.

The Podcasts listed in this catalogue are either randomly ranked on the Platform, or ranked according to the Company’s editorial choice.

There is no capitalistic bond between the Podcasters and the Company.

The Company sells Subscriptions that allow the Podcasters to access various functions. However, a Podcaster with a free of charge Subscription can import Podcasts on the Platform. The Subscription being charged to or free for the Podcaster has no influence on the referencing of his/her/their Podcasts nor on their ranking on the Platform. Any Podcaster owning a Subscription to the Platform, be it free or charged, is allowed to import a Podcast on the Platform.

In accordance with Articles 8 and 10 of these General Terms of Service, the Company is likely to cancel or restrict access to a Podcast as well as suspend or cancel a Podcaster’s Subscription, according to the conditions mentioned in Article 5.5, if such Podcaster infringed the Platform’s Terms of Use or, more generally, the laws, rules or third-party rules.

 

14.2 Linking

The persons allowed to import Podcasts on the Platform are both private persons and legal persons who act on a professional basis or not.

The Platform allows the Podcasters to share content to the Platform’s Users.

The use of the Platform involves no contractual bond between the Podcasters and the Users. No financial counterpart shall be owed by the Users for listening the Podcasts broadcasted on the Platform, except for Podcasts the access to which is charged. However, it is possible for a Podcaster to share links to one or more crowdfunding platforms. Such crowdfunding is facultative and these platforms are third-party platforms that are neither controlled nor operated by the Company. The Company do not derive any financial counterpart from the funds collected by the Podcaster on these third-party platforms.

 

Article 15 – Personal Data Protection

As part of the use of the Platform, the Company may process some of the User’s personal data. The conditions relating to the personal data processing are mentioned in the document attached to these General Terms of Service, in the Privacy Policy document, accessible through all the pages of the Platform and on: https://www.podcastics.com/privacy/

 

Article 16 – Intellectual property

All the brands, distinctive features of the brand, domain names, photographs, texts, comments, illustrations, moving or non-moving pictures, video sequences, sounds, as well as all the IT elements that may be used for the proper functioning of the Platform and, more generally, of all the elements reproduced or used on the Platform are protected by the laws in force as intellectual property.

They are full and whole property of the Company, except for elements imported by the Users on the Platform. Any reproduction, representation, use or adaptation, in any form, of all or part of these elements, including the IT applications, without previous and written consent from the Company, is strictly forbidden. The fact that the Company does not initiate proceedings upon knowledge of these unauthorized uses shall not be deemed as acceptance of such uses and renunciation to proceedings.

 

Article 17 – Links to other websites

17.1. Links to third-party websites

The Platform features links towards third-party websites. These websites are not controlled by the Company, which shall not be held liable for their content nor for any technical issue and/or security breach resulting from a hypertext link apposed with our without formal consent of the latter.

It is up to the User to make all necessary or appropriate controls prior to conducting any transaction with one of these third parties.

 

17.2 Links to the Platform

The implementation by the User of any hypertext link from any website and/or application and from any device in all or part of the Platform is strictly forbidden, except with previous and written permission from the Company, requested by email to: contact@support.podcastics.com.

The Company is free to deny this authorization without any justification of its decision. If the Company has given its permission, such permission is, anyway, temporary and may be withdrawn at any moment, with no obligation for the Company to provide a justification.

In any case, all links shall be withdrawn upon request from the Company.

 

Article 18 – Integrality

The parties acknowledge that these General Terms of Service constitute the entire agreement settled between one another and replace any previous offer, provision or agreement, be they written or verbal.

 

Article 19 – Nullity

If any of the provisions of these General Terms of Service was to be deemed null according to a law in force or to a legal decision that has become definitive, it would then be deemed unwritten, however without resulting in the nullification of the General Terms of Service nor altering the validity of its other provisions.

 

Article 20 – Renunciation

The fact that either one of the parties does not require the application of any of the provisions of these General Terms of Service or acquiesces its non-execution, be it permanent or temporary, shall not be deemed a renunciation from this party to the rights resulting for it from such provision.

 

Article 21 – Applicable Right, Contract Language

Of explicit agreement between the parties, these General Terms of Service are governed by the French law.

They are written in French. In the event of a translation into one or several languages, the sole French text shall prevail in the event of a dispute.

 

Article 22 – Domiciliation

The parties elect domicile at the address mentioned upon Subscription for the User and at the address of its headquarters for the Company.

 

Article 23 – Disputes, Relevant Jurisdictions

23.1. Provisions applicable for professionals

In the event of a dispute, any claim must be sent to the Company by way of registered mail with recorded delivery or by email to: contact@support.podcastics.com

If a claim failed within 30 days, any dispute related to the conclusion, the interpretation, the execution or the termination of this contract shall be submitted to the exclusively competent Tribunal of Montpellier, including for emergency interim proceedings, notwithstanding the guarantee call or the plurality of the defendants.

23.2. Provision applicable for users

In the event of a dispute, any claim must be sent to the Company by way of registered mail with recorded delivery or by email to: contact@support.podcastics.com

If a claim failed within 30 days, the User shall be informed that he/she/they can request a conventional mediation or any alternative dispute settlement method (e.g. arbitration) in the event of a dispute.

For this respect, the User must turn to the following mediator:
Médiateur des communications électroniques
https://www.mediation-telecom.org

The dispute shall not be accepted by the mediator if:

  • The User does not justify that he/she/they has previously tried to solve the dispute directly with the Company through a written request;
  • The request is obviously unfounded or abusive;
  • The dispute has previously been examined or is being examined by another mediator or by a court;
  • The User made his/her/their request more than a year as of his/her/their written claim to the Company;
  • The dispute does not fall within its competence.

Otherwise, all the disputes that may result from these General Terms of Service, be it for their validity, their interpretation, their execution, their termination, their consequences and their results, shall be submitted to the competent French courts.

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