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TERMS OF USE


Preamble and definition

KINOMAP SAS (hereinafter, referred to as the "Company", "We" or "KINOMAP") hosts the KINOMAP website at www.kinomap.com (hereinafter, referred to as the "Site"), develops several software applications and offers (hereinafter, referred to as the "Services"). The present text defines the Terms of Services of KINOMAP (hereinafter, designated as "the Terms"). These Terms apply to both ordinary users and registered users (hereinafter referred to as “Users” and "Registered Users").
The Terms take effect when you use the Site or Services and remain in effect until terminated in accordance with the Terms.
Registered Users are required to accept the Terms by clicking on "I agree".
By accepting the Terms, the Users certifies that he/she has read and understood the contents of the Terms, and accepts the obligations set forth therein.

Services and registration

The Company provides the Services freely. However, certain services or features of the Services are only available to Registered Users who have purchased a subscription, including but not limited to the ability to upload and share videos on the Site and the ability to comment on videos on the Site.

User registration :

  • You shall only have one account as a Registered User and must provide the Company with your username, email address and password.
  • You may also provide your first and last name, if you wish to. You may not create a Registered User account on behalf of another person or entity.
  • You may also log in to the Services using your Facebook account.
  • You may only use the Site and Services for your personal use and not for commercial use.
  • You may not register to use the Site or download the Services if you are under the age of 13.
  • To purchase a paid subscription you may use a credit card, or use an internet payment company such as Stripe, Paypal or Mercanet.

Behavior and obligations of the user

You agree to use the Site and Services only for lawful purposes and agree to comply with all applicable laws, rules and regulations in the geographic area in which you reside, including all community, national, federal, state or local legislations, rules and regulations.
In addition, you agree that:

  • You will not use the Services to upload, post, share or transmit any content that is: illegal, abusive, threatening, harmful, obscene, lewd, offensive, defamatory or otherwise objectionable ;
  • You shall not sell, offer for sale, or advertise any weapons, ammunition, drugs, alcohol, pornography, or any other illegal goods or services through the use of the Site or the Services;
  • You shall not engage in any activities that may disseminate computer viruses, malware or other programs, files or code designed to interrupt, destroy, access or limit the functionality of any computer software or hardware or telecommunications equipment;
  • You shall not disseminate, post, share or transmit any content or other material through the use of the Services or the Site that constitutes unsolicited advertising, promotional materials, surveys, spam, junk mail or other unsolicited bulk or duplicate messages;
  • You shall not disrupt or place unreasonable or excessive burdens on the Site, interfere with or attempt to gain unauthorized access to any portion of the Site, the Services or any computer system, server or support network;
  • You shall not sell, rent, license or transfer your registration, or access to, or use of the Services to any third party and you shall not use the Site or the Services for any purpose other than personal, non-commercial use without the prior written consent of the Company;
  • You may share content, including videos, from this Site via the sharing methods provided by the Company on the Site, but you may not redistribute the content of the Site in any other manner or for commercial purposes;
  • You may not impersonate any other person or misrepresent to the Company or any other user your true legal identity; you may not use the Services in a fraudulent, deceptive or misleading manner;
  • You shall not reproduce, duplicate, copy or reverse engineer the Site, any part thereof or the Services, including any KINOMAP software applications available on the Site;
  • You shall not disseminate, transmit or make available to third parties any information, material or content that infringes fundamental rights and public freedoms recognized in the Constitution and in international treaties.

You may report violations of the Terms by contacting the Company at support@kinomap.com.

Relationships with Third Parties

You acknowledge and agree that your relationships with third parties, including mobile app stores, advertisers, social networking sites or other parties, found on, or accessible through, this Site, or who provide access to the Services and their products or services, are only between you and such third parties and Company will not be liable for any loss or damage related to your use of or interaction with any of third parties.

Your activities on third party websites are governed by the terms and conditions and privacy policies of those sites and not by the Terms.

You understand and acknowledge that some of the services that may be or become available on this Site may be provided by third parties and that in some cases, Company may receive advertising, sponsorship or licensing fees and/or other compensation from third parties.

Data Collection

Company may share, sell, license, or trade anonymized data that it collects about Users of the Site and the videos they watch, share, or download, including data about the date, time, and location of such use.

You acknowledge and agree that the Company may intercept, collect, store, disclose, share and sell all anonymized data about your use of the Site and Services, including any data associated with or embedded in the videos you upload to our site. You may change your consent at any time by sending an email to support@kinomap.com.

We invite you to review our Privacy Policy https://www.kinomap.com/privacy for more information about the data We collect and how We use it. You may change, delete and manage your data collected by the Company by sending an email to support@kinomap.com.

If you wish to opt-out, you must cancel your Registered User account, stop using the Site and the Services.

Changes of the Terms

The Company reserves the right, at any time and at its sole discretion, to change all or part of the Services and the Terms without any liability.

Such amendments shall be effective upon the Company's posting of the Terms as revised on the Site.

We will notify Registered Users of the Site and/or Services via the email address provided during the registration if any changes to the Terms occur. The Company will use commercially reasonable means to notify you, via the Services on your mobile device or by email, that the Terms have been changed.

You agree to regularly check to see if you are aware of any changes to the Terms. Thus, you accept and agree to be bound by the revised Terms as posted on the Site at the time of your use.

If you do not agree with any change to the Terms, you shall stop using the Site and the Services and cancel your account.

Termination

The Company reserves the right to suspend or terminate the Services, in whole or in part, at any time at its sole discretion.

It includes the ability to terminate the rights of any Registered User to use the Site or Services in the event of Registered User's misconduct, threats or allegations thereof, excessive traffic on the Site or Services that impedes normal use and access of the Site or Services by other users, or any violation of the Terms.

Users may terminate the Terms at any time by ending all use of the Services and the Site, deleting or permanently removing all copies of the Kinomap Applications from User's computers, tablets and mobile devices, and canceling User's Kinomap Registered User account.

The following clauses survive termination: Content, Disclaimer of Warranties and Limitation of Liability, Compensation by User, Copyright Infringement, and the Additional Provisions.

Content

As a Registered User, you have the ability to share your videos on the Site. Videos uploaded by you to the Site can be viewed by anyone in the world.

As a Registered User, you have the ability to share your videos on the Site. Videos uploaded by you to the Site can be viewed by anyone in the world.

  • your Registered User name; the date, time and location from which the video was uploaded;
  • the date, time and location of the video's creation, including the starting point, route and ending point;
  • GPS information of the route in the video, including altitude, speed, frequency, power, distance, location and time; heart rate;
  • and the mode of transportation used to film the video. If your name, voice or physical likeness appears or is used in the video, it will also be publicly available.

You hereby grant the Company a non-exclusive, royalty-free right to use and reproduce, for any purpose related to the Company's provision of the Services, the Site and the Application, your name and/or Registered User name, voice and physical likeness, as well as the names, voices and physical likenesses of all other persons appearing in any video you upload to the Site and make available to the public. If you upload a video to the Site that is accessible only on a private (unlisted) basis, this right of use will not apply. You may put a video in both private and public mode at any time.

The right to use includes the right to reproduce, which means putting the Videos online on the Website.

The right to use includes the right of representation which means the broadcasting of the Videos and their use by the KINOMAP users using either the embeddable player, or having white label applications edited by Kinomap or via any other license agreement.

You grant the Company a non-exclusive, worldwide, royalty-free license to copy, reproduce, distribute, publicly display, modify and create derivative works of any content you create, upload or post to the Site, including comments on videos you upload and comments you make on videos uploaded by others.

You represent and warrant to Company that you have obtained all necessary authorizations and consents to grant such rights to the Company.

You shall only post, create and upload to the Site content for which you have all necessary right, title and interest to grant the licenses set forth in these Terms. By creating Content on the Site or uploading videos to the Site, you warrant to the Company that you have all right, title and interest or appropriate authority necessary to share the Content and/or video through our Site and that you are not violating the rights of any third party.

Your license to use the Application is governed by the Terms and by the End User License Agreement that you agreed to at the time of download or registration.

You may not claim the ownership, distribute, sell, or extract the Content, nor exploit the Content for commercial purposes.

You may not use the Site Content in any manner not expressly permitted by the Terms, and if you do so, your right to use the Site Content will automatically terminate.

The Content and the Site may be modified or deleted without notice.

You may delete your own videos and other Site Content that you have previously posted and shared on the Site.

Videos and other user-generated content on the Site may be changed, modified, altered, deleted or removed at any time by the Company.

Technical Support

During your use of the Services, the Company will endeavor to provide its Users with commercially reasonable technical support regarding the use of the Services and the Site. This support is available via https://support.kinomap.com or by email at support@kinomap.com.

The Company won’t be liable for any delay, failure or interruption of the Services or access to the Site for any reason.

Users are required to notify the Company immediately of any service interruption. The Company is also not liable for any errors, omissions, interruptions, delays or defects in the Services caused by the negligence or willful act of a User or their equipment, Internet service provider or mobile operator.

Disclaimer of Warranties and Limitation of Liability

The Company makes no warranties of any kind, express or implied, regarding the operation of the Site and the Services, the Application available on the Site, or the information, content, materials or products included on the Site. You expressly agree that your use of the Site, the Services and the Application is at your sole risk.

To the extent permitted by applicable law, the Company disclaims all warranties, express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. The Company does not warrant that the Site, its servers, the content of the Site, or the Company's Kinomap Applications are free of viruses or other harmful components and User expressly waives any claim in this regard.

The Company will not be liable for any indirect, incidental, special, punitive or consequential damages of any kind resulting from the use of the Site, Services or Kinomap Application.
Some jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have additional rights.

Compensation by User

You agree to indemnify the Company and its affiliates, business partners, officers, directors, managers, members, employees, shareholders, representatives and agents from and against any loss, liability, claim, demand, damage or expense (including actual legal fees) claimed by any third party due to or arising out of your use of this Site or the Services or your breach of any of these Terms.

The Company reserves the right to assume the exclusive defense and control of any matter subject to compensation by you, which shall not excuse your compensation obligations. This compensation obligation shall survive the expiration of any Services or termination of the Terms.

Copyright Infringement

It is the Company's policy to end the registration of any User who repeatedly infringes the copyright of others and to promptly remove or disable access to allegedly infringing content if the Company receives proper notification of the infringement or infringing conduct from the copyright owner.
If you believe that any content on the Site (e.g., videos, content, images, text, etc.) infringes your copyright, you may request the removal of such content from our Site by contacting our designated copyright agent (identified below) and providing the following information:

  • Identification of the copyrighted content that you believe has been infringed. Please describe the content and, if possible, include a copy or the location (e.g., URL) of an authorized version.
  • Identification of the content 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 permit us to locate the content;
  • Your name, address, telephone number and (if available) email address.
  • A statement by you that you have a good faith belief that use of the content you are disclosing is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information you have provided is accurate and swear that, "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
  • A signature or electronic equivalent of the copyright owner or its authorized representative.

This information must be submitted to the Company's copyright agent at:

Kinomap
14 Rue de la Mairie
59500 DOUAI
FRANCE
Phone: +33 9 51 16 32 60
Fax: +33 9 56 16 32 60
Mail: support@kinomap.com

Additional Provisions

Dispute Resolution. You expressly agree and personally submit to the jurisdiction of the French Courts to try and resolve any dispute with the Company, its affiliates, subsidiaries, employees, contractors, officers, directors, members, shareholders, managers, telecommunication providers and content providers or in any other way relating to the Site or the Services. The law applicable to any dispute shall be French law.

Information. The Company makes no representation that the content on the Site or provided through the Services is appropriate or may be downloaded outside the United States or the European Union. If a user accesses the Site or uses the Services from outside the United States or the European Union, he or she does so at his or her own risk and is liable for compliance with the laws of his or her jurisdiction regarding online conduct and acceptable content. Personal data that is submitted to this Site will be collected, processed, stored, disclosed and disposed of in accordance with our Privacy Policy. In addition, such personal data may be stored on servers located outside the User's jurisdiction of residence.

The Terms apply to you or any activity or use of the Site or Services and, together with the Privacy Policy and the End User License Agreement for each Application you download, constitute the entire agreement between you and the Company with respect to the Site and Services and replace all other terms, representations, promises or discussions.
If any provision hereof is or becomes inconsistent with any present or future law, rule or regulation of any sovereign government or regulatory body having jurisdiction over the subject matter of the Terms, such provision shall be deemed superseded or modified in accordance with such law, rule or regulation. In all other respects, the Terms will remain in full force and effect.

Legal Notices

Kinomap

14 Rue de la Mairie
59500 DOUAI (FRANCE)
+33 9 51 16 32 60 - support@kinomap.com
SAS with a capital of 88 968€
Philippe Moity, President and editor of the site.
Site hosted by SCALEWAY 8 rue de la Ville l'Evêque, 75008 Paris, France (+33 (0)1 84 13 00 00)

Questions regarding the Terms should be directed to support@kinomap.com