Everquity Terms of Use

The Everquity application (hereinafter “Application”) is published by Mediatrium corporation, limited liability company with capital of 5,000 euros whose registered office is located at 18 rue Dupetit-Thouars 75003 Paris, registered with the trade and Companies of Paris under number 518 075 890 ( “Mediatrium” or “We”).

These general conditions (hereinafter “Terms”) is to establish and define the terms and conditions of the Application by any user. They constitute a contract between Mediatrium and each user of the Application ( “User”,“You” or “Your”).

Please read these Terms of Use carefully before using the Application. By installing the Application, you agree to submit to these Terms of Use. If you refuse all or part of these Terms, please do not install the Application. Mediatrium may modify these Terms of Use at any time.

  1. Application Description

The application is a mobile terminal application for taking, downloading and editing photographs via the application and sharing them on social networks (Facebook, Twitter) and displaying them on screens (computer, mobile, television, Video projector etc.).

  1. Application Access Requirement

The Application is open to persons from all over the world, subject to their acceptance of these Terms of Use. The Application is downloadable free of charge and requires no payment from Users except for certain options.

In order to use the Application, the User must have a terminal with a recent version of the iOS or Android operating systems.

The app can be downloaded from the App Store or Google Play Store.

  1. Creating a User Account

To use the application, the user must create a user account using the functionality “Connect” to Facebook or Twitter or via the registration form available at the opening of the Application.

Creating a User Account constitutes acceptance of these Terms and needs to fill a number of mandatory information: name, email.

The User is responsible for maintaining the confidentiality of his username and password enabling him to log on to the Application.

In case of fraudulent use of your email or your password, please inform Mediatrium as soon as possible, by contacting us at the address provided for in article 11 of the present Terms of Use.

  1. Obligations of Users

When using the Application, the User agrees to:

  • Do not affect the Application by any process designed to distort, alter or modify the proper functioning of the Application such as in particular viruses, horses of three, worms, malicious codes etc.,
  • Do not use the Application to download or publish illegal, pornographic, human-defamatory, defamatory, abusive, homophobic, racist or other content that may cause the User’s civil or criminal liability,
  • Do not use the Application in order to infringe the privacy of others or to impersonate their identity,
  • Do not use the Application in violation of third-party property rights such as intellectual property rights.
  1. Mediatrium Control

Mediatrium does not control the photographs and contents published by the Users prior to their publication on the Application but reserves the right to withdraw at any time any photograph or content published on the Application.

In the event that photographs or contents published on the Application infringe any intellectual property right, image right or are unlawful, it is possible to contact Mediatrium in order to request withdrawal at the address stipulated In Article 11 of these Terms of Use.

Upon notification, Mediatrium will promptly remove the photograph or content as soon as possible after verifying the authenticity of the author and the contents of the notification. It is recalled that any false or abusive notification engages the User’s responsibility.

  1. Intellectual Property and Image Rights
    1. Contents of Mediatrium

Mediatrium holds all intellectual property rights (such as copyright, neighboring rights, trademark rights, rights of database producers) relating to both structure and content (such as images, sounds , Videos, photographs, logos, marks, graphics, tools, software, documents and any other data) of the Application.

Any reproduction (including downloading, printing, etc.), representation, adaptation, modification, translation, transformation, dissemination, integration into another site, commercial exploitation or not, and / or reuse in any way of all or Part of the Application is strictly prohibited unless express written consent of Mediatrium. Any unauthorized use may give rise to civil and / or criminal proceedings and damages.

Notwithstanding the foregoing, this reproduction prohibition does not apply to the photograph sharing features permitted by the Application.

The Application may simply be used by Users in accordance with the provisions hereof. Mediatrium grants the User a non-exclusive, personal and non-transferable license to use the Application for his or her personal use and in accordance therewith. This license is revocable at any time.

  1. User Content

The User acknowledges that he holds all the intellectual property rights relating to the photographs and contents that he publishes on the Application.

In the event of publication of photographs or contents including elements possessing intellectual property rights belonging to third parties, the User guarantees that he has the necessary authorizations to include these elements in the photographs and to publish them on the Application. The User also guarantees that he is authorized to exploit the image of clearly identifiable natural persons on the photographs he publishes on the Application.

The User grants to Mediatrium a non-exclusive, personal and free license to use, exploit, distribute, represent, reproduce, modify and adapt for commercial or non-commercial purposes worldwide and for the legal period of protection Of any photograph or content published on the Application.

The User also grants Mediatrium a right to sublicense any photograph and any content it publishes on the Application. In this respect, the User acknowledges that Mediatrium will be able to distribute the photograph published by the User by placing it under a free license of reuse of the Creative Commons type.

  1. Third Party Site

Use of the Application may allow the User to be redirected or shared a photograph to third party sites, including Facebook and Twitter social networks. These sites are not published by Mediatrium and therefore are not responsible for the use made by these third party sites of any content shared or published on this site. Mediatrium can not be held responsible for any element hosted on a third party.

By interconnecting your user account with an account opened on a third party site (eg Facebook, Twitter), you acknowledge and agree that the personal data that you have made available on the third party site, within the limits allowed by your configuration settings, Be collected and processed by Mediatrium.

  1. Responsibility

The User remains responsible for maintaining the security and integrity of its data, hardware and software when accessing or using the Application.

Mediatrium shall not be held liable for any computer virus, bug, intrusion, or external and unauthorized intrusion into the computer system, fraud, technical malfunction or any other Pattern beyond the control of Mediatrium.

Due to the particular nature of the telecommunications networks, Mediatrium may at any time interrupt or restrict access to the Application for reasons beyond its control and the information provided by Users may be destroyed or rendered inaccessible without Responsibility of Mediatrium can not be sought as such.

Nor shall Mediatrium be liable in the event of any interruption of access to the Application due to maintenance, updating or modification of all or part of the Application.

  1. Termination

Mediatrium has the right to terminate a user account at any time in the event of non-compliance with any of the provisions of these GCU.

The User also has the right to delete his account at any time while using the functionality provided for this purpose on the Application.

  1. Personal data

Users’ personal data are processed primarily for the purpose of allowing Users to properly access and use the Application. However, in order to improve the services of the Application, Mediatrium (including its technical service providers) may collect data relating to the use of the Application, such as OS type, connection type, number of visits , Number of notifications, number of launch of the application, number of updates of your data, number of calls made from the Application, version number of the installed Application, type of mobile equipment. Similarly, you are advised that the use of certain features of the Application may be based on geographic information that requires sharing location data, such as the location of your mobile equipment, which you expressly accept if you wish to Use these features.

Mediatrium may also be required to reuse personal data for the purposes of e-mailing information relating to the use of the application. If Users no longer wish to receive such messages, they will have to click on the appropriate link included in each of the emails received.

Users have the right to access, correct or delete the information concerning them, as well as to prevent their personal data from being processed subject to proof of a Reason. These rights may be exercised by written request addressed to Mediatrium at the following address: Mediatrium, CNIL Rights, 18 rue Dupetit-Thouars, 75003 Paris, France.

  1. Notification

For any notification, complaint or complaint relating to the Application, you can contact Mediatrium at the following address: Mediatrium, Customer Service, 18 rue Dupetit-Thouars, 75003 Paris, France.

Mediatrium reserves the right to request any proof of identity to verify the authenticity of a complaint or request for withdrawal of contents.

  1. Various Stipulations

The present Terms of Use constitute the entire agreement between the parties relating to its object.

If one or more provisions of these Terms of Use are declared void or inapplicable, the other clauses would retain their full force and scope.

These Terms of Use are governed by French law and fall within the exclusive jurisdiction of the French courts.