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R_volution | Legals

TERMS AND CONDITIONS OF USE

Article 1: Definitions

For the purposes of these terms and conditions of use, words beginning with a capital letter shall have the following conventional definition:

"Device": any device (in particular: media player, personal computer, cell phone, digital tablet) compatible with the Service and explicitly supported by the Company, to the exclusion of any devices whose compatibility with the Service has not been expressly made known to Users by the Company;


"Terms": these general conditions of use;

"Content": any content (defined as data files, applications, written text, mobile device software, music, audio or other sound files, photographs, videos or other images) purchased by a User via the "R_volution Market" service;

"Software": the "R_video" software made available to Users, enabling them to benefit from the Services, as well as any necessary third-party software, available in open source;

"Services" : the services provided by the Company to the User (including, where applicable, the "R_volution Market" service), namely the use of one or more software programs that can be installed on various specific media (media players, personal computers, cell phones, digital tablets) enabling the User, as an alternative to using the operating system of the compatible media players, to index the User's audiovisual content, create a personal remote database, update it periodically and navigate within it; 

"Company": Groupe ARCHISOFT, 66 Boulevard Malesherbes, 75008 PARIS;

"User": all users of the Services, including yourself.
 

Article 2: Use of the Services

 

You must comply with the rules applicable to the Services.

Do not use the Services improperly. Do not, for example, attempt to interfere with or access the Services or the Software using any method other than the interface and instructions we make available to you for this purpose. Do not attempt to use the Services or Software with unsupported devices. You must only use the Services in compliance with applicable laws, including export and re-export control laws and regulations. We may suspend or terminate the provision of our Services if you fail to comply with any applicable terms or regulations, or if we detect any suspected misuse.

Use of the Services does not give you any intellectual property rights in the Services, the Software or the content you access. You must not use any content obtained through our Services without the permission of the owner of such content, unless authorized by law. These Terms do not give you the right to use any trademark or logo used by us to identify the Services, the Software or the Company. You may not remove, obscure or alter any text (including legal text) displayed when using the Services.

Our Services display online content available to the public, which does not belong to the Company. Such content is the sole responsibility of the entity that made it available to the public. We may check content to ensure that it complies with the law or our terms of use. We reserve the right to remove or refuse to post any content that we reasonably believe to be in violation of law or regulation. The fact that we reserve this right does not necessarily mean that we systematically verify such content, and you may not assume that we do so.

In connection with your use of the Services and the performance of our contractual obligation, we may send you messages relating to the operation or administration of the Services and other information. You may choose not to receive certain of these messages.


Article 3: Your account with the Company

You may need an account with the Company to use some of our Services. This account may be created by you or assigned to you by an administrator. If your account has been assigned to you by an administrator, different or additional terms of use may apply and your administrator may be able to access or deactivate your account.

Your account may have other names, such as R_volution account, or R_volution Market account.


Article 4: Privacy and Copyright Protection

The Company's Privacy Policy explains how we treat your personal data and protect your privacy when you use our Services. By using our Services, you agree that the Company may use such data in accordance with this Privacy Policy.

We respond to notifications of alleged copyright infringement and deactivate the accounts of users who have repeatedly infringed these rights, in accordance with the procedure established by law.


Article 5: Your content and our Services


Some of our Services allow you to submit content that belongs to you. You retain all intellectual property rights to such content. What is yours remains yours.

By submitting content to our Services, by import or by any other means, you grant the Company (and any third party working with the Company) a worldwide license to use, host, store, reproduce, modify, create derivative works (translations, adaptations or other modifications intended to improve the functioning of your content through our Services), communicate, publish, publicly perform, publicly display or distribute such content. The rights you grant under this license are limited to the operation, promotion or improvement of our Services, or to the development of new Services. This authorization remains in effect for the full legal term of protection of your content, even if you cease to use the Services. Some Services provide you with the means to access and remove content you have submitted to that Service. Some Services also include conditions or settings that restrict the scope of our right to use content. Please ensure that you have all the rights necessary to grant us this license to the content you submit to our Services.

Additional information on how the Company uses and stores content can be found in the Privacy Policy or possibly in additional terms of use associated with particular Services. When you submit feedback or suggestions relating to our Services, we are entitled to use them without seeking your permission.


Article 6: About software used by or included in our Services

If a Service requires or includes the use of downloadable third-party software, updates to this software (new versions or features) may be made automatically on your device. Some Services allow you to change your automatic update settings.

The Company grants you, free of charge, a personal, non-transferable, non-exclusive, worldwide license to use the software provided to you by the Company for the provision of the Services. This license is exclusively intended to enable you to use and benefit from the Services provided by the Company, in compliance with these Terms. You are not authorized to copy, modify, distribute, sell or rent all or part of our Services or the Software that forms part of them. Similarly, you are not authorized to decompile or attempt to extract the source code of such software, except in cases where the right to decompile is authorized by law and within the limits laid down by such law, or where you have obtained our prior written authorization.

The use of open source software is important to us. Some of the software used by our Services may be offered under an Open Source license, which we will make available to you. The Open Source license may contain provisions that expressly override certain of these Terms.


Article 7: Modification of the Services

The Company is constantly modifying and improving the Services. We may therefore add or remove features or functions, and we may also suspend or completely discontinue a Service.


The Company has the right to stop providing all or part of the Services, or to add or create new limits to the use of the Services.

You may stop using our Services at any time.

When Users use the Services on a paying basis, termination of the Services takes effect at the end of the subscription period subscribed to by them.

When Users use the Services free of charge, termination of the Services takes effect immediately.
If we have to interrupt a Service, we will give you reasonable notice.


Article 8: Temporary or permanent interruption of Services

The Services may be interrupted temporarily (for example in the event of an update or server unavailability) or permanently.

You accept temporary interruption of the Services.

In the event of permanent interruption, the Services will be maintained - except in the event of force majeure or an act of a third party - until the end of the User's paid subscription period. On the other hand, the Services will be immediately interrupted for free Users.

In all cases, the Company does not guarantee the availability of the Services beyond the current subscription periods. In particular, the Company will not compensate Users who no longer have access to their personal remote database as a result of the interruption.


Article 9: Warranties and disclaimers

Our offer of Services constitutes an obligation of means.

The Services are subject to a limited warranty.

Except as expressly provided in these Terms or additional terms of use, neither the Company nor its suppliers or distributors undertake any obligation to customize or specifically develop the Services. For example, we make no commitment regarding the content of the Services, the specific features available through the Services, their reliability, availability or suitability for your personal needs. We provide our Services on an "as is" basis.

Some jurisdictions do not allow the exclusion of certain warranties, such as the implied warranties of merchantability, fitness for a particular purpose and conformity. To the extent permitted by law, we exclude all warranties.


Article 10: Use of our Services by a company

The Services are intended for private use by individuals.

If you use our Services on behalf of a company, the company must accept these Conditions. In addition, you must indemnify and hold harmless the Company, its affiliates, agents and employees from and against any claim, suit or action arising out of or related to your use of the Services or any breach of these Terms, including any liability and expense arising out of any claims, losses or damages found, suits brought and judgments rendered, and related court costs and attorneys' fees.


 

Article 11: About these Terms

We may amend these Terms or any additional terms of use applying to a Service, for example, to reflect changes in the law or in our Services. We recommend that you consult the Terms of Use regularly.

Changes to these Terms of Use will be posted on this page. We will post a notice of changes to the additional Terms of Use in the relevant Service.

Modifications will not apply retroactively and will take effect at least fourteen (14) days after publication. However, certain modifications specific to a new feature of a Service or modifications made for legal reasons will apply immediately. If you do not accept the modifications made to the Conditions of a given Service, you must cease all use of this Service.

In the event of any conflict between these Terms of Use and any additional terms of use, the latter shall prevail.
These Terms govern your relationship with the Company. They do not create any rights for third party beneficiaries.

If you fail to comply with these Terms and we do not immediately take action, this does not mean that we waive our rights (for example, to take action at a later date).

If a particular condition is found to be unenforceable, this will not affect the other conditions of these Terms of Use.

Any disputes arising in connection with these Terms will be governed by French law, to the exclusion of the conflict of laws rules of that country. If the law of your country does not allow you to bring an action before the courts of Paris, France, disputes arising hereunder shall be brought before the competent courts of your place of residence. Otherwise, the courts of Paris, France shall have exclusive jurisdiction over any legal action arising out of or in connection with these Terms or the Services. You and the Company hereby agree to submit to the jurisdiction of such courts.

For information on how to contact the Company, please visit the contact page.

 

Article 12: Additional terms of use relating to R_volution Market 

Article 12.1 Definitions

R_volution Market is an additional service provided by the Company, enabling users to purchase content via the Software.

It is subject to the present Terms. The present this Article 12 contains additional conditions that apply specifically to the use of the R_volution Market service.

If you do not understand the Terms or this this Article 12, or if you do not accept them, you must not use or purchase digital content from R_volution Market.

In the event of any inconsistency between the provisions of this this Article 12 and the Terms, this this Article 12 shall prevail.


Article 12.2 Provision of R_volution Market

When you purchase Content on R_volution Market, you will purchase it:

a) directly from the Company (a "Direct Sale") ;

b) from the Company acting as a commission agent on behalf of the Content supplier (the "Supplier") (a "Commission Agent Sale");

c) from the Supplier, where the Company acts as agent on behalf of the Supplier (a "Agency Sale").

Each time you purchase Content, you enter into a separate sales contract based on the Terms with, as applicable :

- the Company (in the case of a Direct Sale or a Sale via Agent); or
- the Supplier of the content purchased (in the case of Sales by Agent).

This separate sales contract supplements your contract with the Company.

You may use R_volution Market to browse, identify and/or download Content on your computer, cell phone, or other supported device. The availability of Content will vary by country and not all Content may be available in your country. Some Content may be provided by the Company, while other Content may be provided by third parties not affiliated with the Company. The Company is not responsible for Content on R_volution Market that originates from any source other than the Company.


Article 12.3 Your use of R_volution Market

You must be 18 years of age or older to use R_volution Market. If you are under 18, you must obtain permission from your parent or legal guardian to use R_volution Market. You must not access R_volution Market or accept the Terms if you are a person barred from use or otherwise not legally entitled to receive or use the Service or any Content under the laws of the country in which you reside or from which you access or use R_volution Market. You must comply with other age restrictions that may apply to the use of specific Content on R_volution Market.

To use the Service, you will need a Device that meets the system and compatibility requirements for the relevant Content, which are subject to change, working Internet access and compatible software. Your ability to use the Service and the performance of the Service may be affected by these factors. Such system requirements are your responsibility.

You may incur access or data charges from third parties (such as your Internet service provider or mobile operator) in connection with your use of the Content and R_volution Market. For example, you may incur such charges if you use the Services provided through R_volution Market on or through third-party services or devices. You are responsible for all such charges.

You may be required to install updates to R_volution Market or Software introduced by us in order to use R_volution Market and access or download Content. Company-sourced Content may communicate with Company servers to check for available updates to R_volution Market Content and functionality, such as bug fixes, patches, enhanced features, missing plug-ins and new versions (collectively, "Updates"). Your use of the Content you have installed requires that you have agreed to receive these Updates automatically. If you do not agree to receive such Updates automatically, please do not use R_volution Market or install such Content.

In order to access certain services or Content on R_volution Market, you may be asked to provide information about yourself such as your name, address and billing information. The information we collect, including information obtained from third parties, is shared between the Company and its affiliates to provide the Service. The Privacy Policy explains how we handle your personal data and protect your privacy when you use R_volution Market. Any such information you provide to the Company must always be accurate, correct and up-to-date. The Company Limited may need to provide your personal data, such as your name and e-mail address, to Suppliers in order to process your transactions and/or provide you with Content. The Company has agreed with Suppliers that they will use this information in accordance with the Privacy Policy.

You must keep your identifiers in a safe place and not reveal them to anyone. You must not collect or harvest personal data from any user of R_volution Market or any user of the other Services, including account names.
If the Company disables access to your account in accordance with the Terms, you may be prevented from accessing R_volution Market, your account information or any files or other Content that is stored with your account. Please read the "Rights and Restrictions" paragraph below to learn about your rights if you are unable to download Content before your account is deactivated.


Article 12.4 Purchases and payments.

The Company may allow you to download or use the Content free of charge. Any terms and conditions that apply to purchased Content will apply to free Content, except as to matters relating to payment (for example, the refund terms set forth in these Terms do not apply to such free Content). The Company may restrict your access to and use of Free Content.

Your contract governing the purchase and use of Content is entered into after you receive the e-mail from the Company confirming your purchase of such Content, and performance of this contract commences as soon as the purchase is completed.

The Company may make various payment processing methods available to you in order to facilitate the purchase of Content on R_volution Market. You must comply with any applicable terms and conditions or other agreement, whether with the Company or a third party, that governs your use of a particular payment processing method. The Company may add or remove payment processing methods at its sole discretion and without notice. Once you click the button indicating that your purchase is complete, the Company or its payment processor may charge your credit card or other form of payment you specify for any Content ordered for any additional applicable amount (including any taxes). You are solely responsible for all charges associated with purchases you make on R_volution Market.

Prices and availability of Content are subject to change at any time before a purchase is completed.
You are responsible for all Taxes and must pay for Content without any reduction in Tax. If the seller of the Content is obligated to collect or pay Taxes, Taxes will be charged to you unless you provide a valid tax exemption certificate authorized by your competent tax authority.  "Taxes" means any customs duty, tax or levy (other than income tax) associated with the sale of Content, including any penalty or interest associated therewith.

You must comply with all applicable tax laws, including the reporting and payment of any taxes arising from your use of R_volution Market or purchase of Content through R_volution Market. You are responsible for reporting and paying any such applicable taxes.

All sales are final. Except as expressly provided in the Terms or other policies applicable to R_volution Market, all sales are final and no returns, replacements or refunds are allowed (this sentence does not apply when you have received defective Content; in that case, please read the paragraph "Rights and Restrictions"). If a replacement, return or refund is granted for a transaction, the transaction may be cancelled and you may no longer access the Content you purchased through that transaction. Your rights to withdraw, cancel or return purchases and obtain a refund are detailed below in the additional conditions relating to the type of Content indicated and the policies associated with the type of Content.


Article 12.5 Rights and restrictions

After payment of the applicable fees for the Content, you will have the non-exclusive right, for the period you have chosen in the case of a purchase for a rental period and, in other cases, for as long as the Company and the relevant copyright holder have the rights to provide you with such Content, to download or stream access, in all cases, only as exclusively authorized by the Company via the R_volution Market user interface and subject to the restrictions set forth in the Terms and related policies, copies of the Content on your Devices, and to view, use and display the Content on your Devices or in any other manner authorized by the Company as part of the Service solely for your personal, non-commercial use. All right, title and interest in R_volution Market and the Content not expressly granted to you in these Terms are reserved by the Company and its licensors.


If you violate the Terms, your rights under this license will terminate immediately and the Company may terminate your access to R_volution Market, the Content and/or your account without refund.

You may not display all or any part of the Content in any public performance or display even if no fee is charged (except where such use would not constitute copyright infringement or violate any other applicable law). The use of any tool or feature provided as an authorized part of R_volution Market is permitted, provided that you use the tool or feature as specifically authorized and only in the exact manner specified and enabled by the Company.

You may not sell, rent, lease, redistribute, broadcast, transmit, communicate, modify, license or assign any Content or your rights in the Content to any third party without permission, including with respect to any downloads of the Content that you may obtain via R_volution Market. The use of any tool or feature provided as an authorized part of R_volution Market shall not violate these Terms so long as you use the tool as specifically authorized and only in the exact manner indicated and enabled by the Company.

You may not use R_volution Market or any Content in connection with any stream extraction, stream capture or similar software to record or create a copy of any Content presented to you for streaming.

You may not use the Content as part of any multi-person sharing, lending or use service or for the purpose of any other entity, except as specifically permitted and only in the manner specified and enabled by the Company.

You may not attempt, permit or encourage others to circumvent, disable or defeat any security feature or component, such as digital rights management software or encryption, that protects any Content or R_volution Market. If you violate any security feature, you may be subject to criminal or civil penalties.

You may not remove any watermark, label or other legal notice included in any Content and you may not attempt to modify any Content obtained through R_volution Market, including any notice in order to hide or alter any indication of the Content's ownership or source.

Once Content is available to you via your account, you must check the Content as soon as reasonably practicable to ensure that it downloads or streams correctly (if applicable) and performs as indicated, and notify us as soon as reasonably practicable if you detect any errors or defects. In the case of Android applications, you should contact the developer regarding any defects or performance issues in the applications, as described in the R_volution Market Help Center. In the case of Content other than Apps, subject to any limitations in the additional terms for specific Content below, you may cancel purchases you have made from R_volution Market to the Company if R_volution Market does not perform as indicated with respect to such purchased Content, and the Company will provide replacement Content (if available) or a refund of the purchase price. If the Company offers you a refund, the refund of your purchase price is your sole remedy.  If the Company issues a refund or credit, it is under no obligation to issue another refund or credit in the future. In the case of subscription purchases, the Company may issue a refund for the entire term or a partial refund for issues not received during the remaining subscription term.

Subject to the Terms, the Content you purchase will be available to you via R_volution Market for the period you select in the case of a purchase for a rental period and, in other cases, for as long as the Company has the right to make such Content available to you. In certain cases (for example, if the Company loses applicable rights, interrupts a service or the Content is interrupted or violates applicable conditions or the law), the Company may remove from your Device or cease to provide you with access to Content that you have purchased. If possible, the Company will give you reasonable notice of such deletion or discontinuance. If you are unable to download a copy of the Content prior to such deletion or discontinuance, the Company will offer you (a) a replacement of the Content if possible or (b) a refund of the price of the Content. If the Company offers you a refund, the refund of your purchase price is your sole remedy.

If a refund of the purchase price of the Content for any reason is made to you, you will no longer have the right to access the Content concerned.

The select, copy and paste functions may be available for text- or image-based Content, and you must use these functions within the prescribed limits and solely for personal, non-commercial purposes.

Multiple accounts. If you have multiple accounts with multiple usernames, you may in some cases transfer Content from one account to another, provided that you can prove that you are the owner of each such account and provided that the Company has activated a feature of the relevant service allowing such transfers.
The Company may, where applicable, limit the number of Devices and/or software applications you may use to access Content (for more information, please click on the Help link for the relevant Content in R_volution Market). The Company may record and store the unique identification numbers of your Devices in order to apply these limits.

No Service or Content is intended for use in the operation of nuclear facilities, life support devices, emergency communications, aircraft navigation or communication systems, air traffic control systems or any other such activity, in which case failure of the Services or Content could result in death, personal injury, severe physical or environmental damage.


Article 12.6 Modifications to the Terms.

Should the terms of this Article 12 change, you will be asked to accept the new conditions prior to your next purchase of Content. Once you accept the new terms, they will apply to your use of all Content (including Content you may have purchased in the past) and to all future purchases, until we notify you of further changes.
If you refuse to accept the updated Terms, you will not be able to purchase any further Content via R_volution Market, and the last version of the Terms you accepted will continue to apply to your use of the Content. In this case, we will grant you, if we can, a reasonable time to download a copy of any Content you have previously purchased from R_volution Market to your Device and you may continue to view that copy of the Content on your Devices in accordance with the latest version of the Terms you have agreed to.

After this time, you will no longer be able to download the Content you previously purchased and you may no longer be able to use R_volution Market to access or use the Content you previously purchased or the associated support services. If this occurs, the Company will offer you a replacement of the Content or a refund of the Content price, which shall be your sole remedy. To access or use Content you have already purchased or related support services, you may need to create a new account.

Nothing in the Terms is intended to exclude or limit any party's liability for (i) death or personal injury; (ii) fraud; (iii) intentional misrepresentation; or (iii) any liability which cannot be excluded or limited by law.

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