Terms and Conditions
PRIM’VISION SERVICE TERMS AND CONDITIONS
Important – Note the users of the Advatar service: Please read this contract carefully, it is defining the conditions and restrictions of access and use which you acknowledge to have read, understood and accepted by registering to the Advatar service or Prim’Vision service. Should you disagree with the present terms and conditions, you are not authorized to register and use the Prim’Vision service. By using all or part of the service, you accept all the clauses of the present contract, including in particular the limitation to the use as described in sections 1 and 2, the guarantees (section 4) and the described responsibilities (section 5). You agree that this contract is enforceable as any other written contract you should have signed. Prim’Vision reserves the right to modify the present terms and conditions depending on service’s evolution or of the legislation and will inform each user who will furthermore regularly have to check the present terms and conditions in order to keep him/herself informed about any potential modifications.
The terms and conditions, under French law, apply to your access and your use of the Advatar service and to the associated software, as well as electronic user documentation, all of which are hereinafter referred to as Prim’Vision service. These conditions are a contract between you (physical person registering to the Prim’Vision service hereinafter called “You” or “the user”) and PRIM’VISION S.A.S, a company under French law, headquarted out of 905 Avenue Albert Einstein – Bâtiment AGORA Einstein – BP 60247 - 06905 Sophia Antipolis Cedex, registered under the number 494 789 837 RCS Grasse (in the present contract called “we” or “Prim’Vision”), creator, developer and publisher of the Prim’Vision service and associated websites.
SECTION 1: SERVICE OBJECT AND DEFINITION
The contract is defining the terms and conditions under which Prim’Vision makes available to the users the Prim’Vision service and under which users can register to and utilize the service. By registering, or by downloading the mobile application of the Prim’Vision service, the user agrees to all the conditions described in the contract.
The Prim’Vision service allows the user to receive, consult and share entertainments, commercial contents or information on his/her mobile phone. According to his/her user profile and/or his/her localization, the user will be proposed with text, graphic or video contents from announcers. The Prim’Vision service provides for an interactive communication allowing for an access, after the content view, to interactive functions between the sender (announcer) and the users, based on the use of mobile internet.
SECTION 2: REGISTRATION TO THE SERVICE AND CONTRACT VALIDATION
By accessing the Prim’Vision service website(s), the user can start the process to download the mobile application on his/her mobile and/or create his/her personal account. The Prim’Vision service is also available with the Prim’Vision service mobile application available in several “applications stores”.
From the Prim’Vision service website(s), the user is invited to fill out the different fields needed to create his/her personal account and to conclude the contract.
From the Prim’Vision service mobile application, the user is invited to follow a automatic synchronization process to activate his/her service.
Once the synchronization process or registration have been completed, the user concludes his registration by clicking on the button “validate” or OK.
The user can access his personal account directly from the Prim’Vision service website(s) using his login (email address) and his password. The user can also access his personal account directly from the mobile application in the dedicated section.
SECTION 3: ACCESS CONDITIONS, CONTENT, SERVICES COSTS, EARNINGS AND USER OBLIGATIONS
3.1. Access conditions
The Prim’Vision service is available worldwide. Prim’Vision ensures all economically reasonable efforts in order to make the Prim’Vision service available 7 days/7 and 24 hours/24.
3.2. Service contents
The Prim’Vision service allows the user to receive and consult entertainments, commercial contents or information on his/her mobile phone. The user will receive text, graphic or video content proposals on his/her mobile phone, which he/she can accept to consult or not. Prim’Vision ensures all economically reasonable efforts in order to provide a significant number of contents. However, the Prim’Vision service being linked to third parties (announcers), Prim’Vision cannot be held responsible (i) if he number of available contents is null or below the user’s expectation (ii) if the contents ae not available or reachable worldwide. Prim’Vision reserves the right to change the Prim’Vision service by introducing new functionalities, or modifying or deleting existing functionalities or technical modalities. Some of these functionalities can have their own terms and conditions that the user will have to accept to use them.
The utilization of the Prim’Vision service is free of charge. To access it from a mobille phone, the user should have internet connectivity. The access and the visualization of proposed messages require connecting to internet from your mobile phone. Your mobile has to be GPRS, EDGE or 3G and/or WiFi; “DATA connection” fees may be billed to you depending on your operator and your operator subscription. Prim’Vision suggests you to get informed by your mobile operator about any connection costs charged to you for service/access before you register to the Prim’Vision service.
Upon completed visualization of certain messages and when connecting to proposed interactions, the user can (i) get directly from the announcer a promotional code and/or a promotional text and/or (ii) receive some credits on his personal account. The user will be able check his total number of credits in the dedicated section. These points may be converted into vouchers, available in the dedicated section. Prim’Vision cannot be held responsible if wrong information has been given by the user during the credit conversion process.
3.5. Users obligations
To access to the Prim’Vision service, the user must respect the terms and conditions. Otherwise, the user account can be suspended.
- The user must have a personal mobile phone and mobile phone number.
- The user must use his mobile phone suitably, and not try to recover or modify contents diffused by the Prim’Vision service.
- The user must keep secret the access information to his/her personal account.
- The user must complete the identification information needed for personal account recovery in the appropriate section.
- The Prim’Vision service is available and must be used in a way respecting the technical prerequisites of Prim’Vision. These prerequisites can be modified by Prim’Vision.
- The user declares to have read the documentation provided by Prim’Vision and commits to follow instructions, recommendations as well as future available updates.
- The user commits to not access the Prim’Vision service and use them for any other purposes than authorized herein.
SECTION 4: OWNERSHIP AND COPYRIGHT
The Prim’Vision service is protected internationally by law including copyright and intellectual property. Prim’Vision is the exclusive owner of the Prim’Vision service and thus in the full possession of all the rights of use. You acknowledge its innovating and original character and that all the copyrights, and other rights including intellectual and industrial properties rights, patents, databases, trademarks, trade secrets, know-how, concepts, inventions, interests, covered or not by the applicable law, concerning the Prim’Vision service, as well as texts, literary creations, graphics (photography included), audiovisual, software developments, HTML development or others works and generally all the creations that may be protected by intellectual property such as images, logos, formatting, graphical charter, structure, ergonomics, color codes, typographies, fonts, graphical elements, graphical display, page layout, backgrounds, sound elements and more generally the visual identity of the Prim’Vision service, belong to and remain reserved to Prim’Vision at any time and without any limitation. Prim’Vision, as the owner of this intellectual property, reserves the right to correct for any error in the services if it is necessary in order to assure the right use. More generally, Prim’Vision has the right to adapt, modify, and improve the service or to stop its diffusion, without further notice.
The user, by accepting this contract, is about to use technologies (hereinafter referred to as « the software ») edited and developed by Prim’Vision and/or edited and developed by Prim’Vision partners, in accordance with instructions and guidance as stated in its documentation. Before any use of the Software, after having read the terms and conditions of this license, the user hereby accepts and undertakes to comply with all the provisions of this License and agrees that this agreement is enforceable like any written negotiated agreement.
4.1. Right of use
Prim’Vision, or any other sub licensee, grants the user, who hereby accepts, a non-exclusive and non-transferable right to use the Software during the duration of its legal protection and according to the terms and conditions specified below.
The copyright and all other intellectual property rights in the Software and in the documentation are and remain the sole and exclusive property of Prim’Vision and/or Prim’Vision partners.
Under this License, Prim’Vision and/or Prim’Vision partners grant to the user a personal, non-exclusive and non-transferable right to use the software, only for one system and for the user’s own internal business purposes as permitted under this License.
This License is only for own internal business, which means that the user will not use the software to provide network management services for another party or for facilities management.
The user shall not acquire any title, copyright or other proprietary rights in the software or any copy other than specified in this License.
In accordance with French law, with the exception of only one copy of the software that may be made for back-up or archival purposes, copies of the software are forbidden.
The user undertakes not to remove the notices and trademarks that appear in the software and on the original physical copies of the software delivered.
The user will not duplicate, alter, modify or adapt the software, not sublicense, sell, lease, rent or otherwise disclose it to any third parties.
In accordance with article L. 122-6-1 of the French Intellectual Property Code, the user will not correct or make a third party correct any error contained in the software, without Prim’Vision and/or Prim’Vision partners prior and written consent.
The user shall not use nor install the software on a network computer server, use in time-share except by prior written consent of Prim’Vision and/or Prim’Vision partners. The user has no right to disclose the software on the internet. The user shall not, nor permit others, to decompile, reverse engineer or disassemble the software. However, the user may decompile the software only to the extent permitted by law where this is indispensable to obtain the information necessary to achieve the interoperability of the software with another program and that such information is not readily available from either Prim’Vision and/or Prim’Vision partners or elsewhere, and that Prim’Vision and/or Prim’Vision partners have received a written request to provide this information and have substantially failed to provide it within a reasonable period of time.
Prim’Vision and/or Prim’Vision partners warrant that the software meets the terms of its documentation from the date of purchase by the user. The user acknowledges that Prim’Vision and/or Prim’Vision partners do not represent or warrant that the software will perform in every operation environment will remain uninterrupted or error free or that any errors will be corrected or correctable.
4.3. Infringement warranty
Prim’Vision and/or Prim’Vision partners shall defend, hold harmless, any claim brought against the user alleging that the software granted infringes a patent, a copyright or another intellectual property right.
Prim’Vision and/or Prim’Vision partners shall have no liability for any claim based on or resulting from:
- the user’s use of the software in violation of this License;
- change or addition in the software by the user;
_ combination, operation or use of the software with third party programs or equipment, data not agreed by Prim’Vision and/or Prim’Vision partners on the documentation.
SECTION 5: DISCLAIMER OF WARRANTY
The use of PRIM’VISION service and the technical means needed to access such service will be under your own responsibility. PRIM’VISION will not assume any kind of guarantee, maintenance or assistance, express or implied, the PRIM’VISION service being provided on a “AS IS” basis. Especially, PRIM’VISION does not guarantee that the PRIMVISION service will suit all the needs and demands that motivated your subscription to the service and which depend to your own assessment. You agree and accept that it is impossible to guarantee (i) the performances and the results obtained by using the service nor that the service can suit to all combinations you choose, (ii) the service runs in all operating environment nor that it will be usable at any time, (iii) the service is usable without interruption or error, nor that all errors will be corrected. PRIM’VISION will not be liable for (i) interruptions, defects and / or alterations of the service and consequences that may result from your improper use of the service, (ii) an inadequate intervention on the service and / or (iii) the use or assembly of the service with a component or an incompatible or non-certified third party system. PRIMVISION excludes all warranties, express or implied, regarding the service including, but not limited to, the use, performance or results that you can obtain by using it, merchantability, satisfactory quality, suitability for a particular purpose or non-infringement. You must have the skills; hardware and software required for the use of the internet and acknowledges that the characteristics and constraints of the Internet do not guarantee the availability and integrity of data transmissions. You acknowledge and accept that the data on Internet are not protected, in particular against diversion and agree that your data communications are done under your own responsibility. You acknowledge and accept the characteristics and limitations of the Internet and especially agree (i) that PRIM’VISION can not in any way be held liable for any problems or speed-ups and service access slowdowns or the non-delivery of your data and that data transmission over the Internet, bringing together heterogeneous networks with diverse characteristics and capabilities are often saturated at certain times of the day and have only a relative technical reliability, and that PRIM’VISION cannot be liable for the network access disruptions or discontinuation, your computer or cellular equipment’s failures or the communication system’s failure by the user and his correspondents or the loss of user name and password and more generally for all events in relation to the internet access (ii) that the nature of the Internet and in particular its technical performances and response times for consulting, querying or transferring information or content are not guaranteed (iii) you are the only responsible for taking all appropriate measures such as to host, store, preserve and protect your data and / or software and / or hardware against virus, intrusion or any program that can damage or hinder the performance of your devices, (iv) data on Internet can be misappropriated and that the diffusion or the reception of your data on Internet trough the service is under your own responsibility, PRIM’VISION reserves the right to modify, interrupt, temporarily or definitively the access to the PRIM’VISION service including but not limited to, for reasons of maintenance, update, websites improvements or for getting the service and/or its content evolved and so, without notice nor compensation to you even if, when possible, PRIM’VISION will use reasonable economic efforts at its disposal to keep you informed prior to it and to minimize possible inconvenience to you.
SECTION 6: EXCLUSION AND LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE LIMITATIONS AND EXCLUSIONS OF LIABILITY PROVIDED IN THESE CGUM APPLY AND SUCH, WHATEVER THE BASIS OF LIABILITY. prim’vision CAN IN NO EVENT BE HELD TO THE CLIENT, INCLUDING FOR ANY CLAIM OF A THIRD PARTY, FOR ANY CLAIMS OR COSTS THAT MAY BE RELATED TO ALL INDIRECT DAMAGES, INCLUDING BUT NOT LIMITED, TO ANY FAILURE TO EARN, LOSS OF OPERATION, PROFITS, DATA, RECORDS OR CONTENT, ANY INTERRUPTION OF ACTIVITY OR THE FACT THAT DATA, RECORDS OR CONTENT ARE INACCURATE AND RESULTING FROM THE SOFTWARE OR ITS DOCUMENTATION, FROM ITS USE OR INABILITY TO BE ACCESSED AND / OR USED, FROM ITS MAINTENANCE OF ITS INABILITY TO BE PROVIDED, OR A FAILURE OF THE SOFTWARE TO OPERATE WITH ANY OTHER PROGRAM OR DATA, AND SUCH, EVEN IF prim’vision HAS BEEN WARNED OF THE LIKELIHOOD OF SUCH DAMAGES.
SECTION 7: PERSONAL DATAS
Pursuant to the French law « Informatique et libertés » dated 6th of January 1978 and modified on 6th of August 2004, related to the protection of the individual with respect to treatment of personal data, you can at any time access, modify, oppose, correct or delete your personal information. In order to do so, you may consult and modify your data via the Prim’Vision service website(s) or make a demand including your login:
By postal mail:
905 Avenue Albert Einstein – Bâtiment AGORA Einstein – BP 60247 - 06905 Sophia Antipolis Cedex.
By electronic mail:
The Prim’Vision service has been approved by the CNIL (Commission Nationale de l'Informatique et des Libertés) on the 4th December 2009. CNIL number : 1394273.
Prim’Vision is concerned by the respect of legal and regulatory provisions to protect privacy and personal information.
SECTION 8: COOKIES
Websites can automatically collect information by using « cookies » allowing your website navigation to be facilitated. A cookie does not enable Prim’Vision to identify you. However, it is registering information about your internet site navigation in order to establish connection session parameters. The cookies enable the management of your request and ensure the operation of the Prim’Vision service. The website(s) utilize the cookies in order to memorize your identification information to facilitate your login (this memorization is optional, you can modify it). You can inactivate or prevent cookies creation or be kept informed about their creation by configuring your web browser in the submenu “internet options”, “preferences” or “security”. Prim’Vision invites you to check the “hep” function of your web browser to learn more about how to parameter these functionalities.
SECTION 9: CONTRACT DURATION AND TERMINATION
This contract comes into force upon the user completing his registration. The contract may be terminated at any time, with a 48 hours notice by the user and/or by Prim’Vision, without any obligation or liability. Upon termination of the user account, all personal data are deleted.
SECTION 10: APPLICABLE LAW
These terms and conditions are governed by French law, excluding rules about law conflict.