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Logo et nom application et site web HitShot première messagerie musicale

GENERAL TERMS OF SERVICE


EFFECTIVE DATE : May, 4, 2022

 

FOREWORD 

WE INVITE THE USER TO READ CAREFULLY THE GENERAL CONDITIONS OF SERVICE OF THE EMOTIONAL MESSAGING APPLICATION HITSHOT AVAILABLE ON THE LEGAL PLATFORMS OF DOWNLOAD ("HITSHOT APPLICATION") BEFORE ANY USE OF THE PROPOSED SERVICES.

THE PRESENT GENERAL CONDITIONS OF SALE DEFINE THE CONDITIONS AND THE LEGAL OBLIGATIONS LINKED TO THE DOWNLOAD AND TO THE USE OF THE HITSHOT APPLICATION AND THE SERVICES PROPOSED BY THE COMPANY HITSHOT SAS.

ANY USE AND/OR RECOURSE TO THE SERVICES PROPOSED BY THE COMPANY HITSHOT SAS TO THE USERS IMPLY THE ACCEPTANCE WITHOUT RESERVE OF THE PRESENT GENERAL CONDITIONS OF SERVICE. THE ONLY FACT OF USING THE AFOREMENTIONED SERVICES ENTAILS THE PURE AND SIMPLE ACCEPTANCE OF THE PRESENT GENERAL CONDITIONS OF SERVICE, WHICH THE USER OF THE APPLICATION DECLARES AND RECOGNIZES EXPRESSLY.

1. LEGAL NOTICES

The HitShot Application is published by HitShot SAS, a simplified joint stock company with a capital of €1,155.70, registered in the Nanterre Trade and Companies Register under number 823.280.078, whose registered office is located at 16 rue VAUTHIER 92100 BOULOGNE-BILLANCOURT, France, and whose intra-community VAT number is FR56823280078 (hereinafter the "Company", "HitShot" or "we"). 

To contact us : hello@hitshot.io
Director of Publication : Eric GHENASSIA
Host of the HitShot website and application : AMAZON Server (AWS)

2. SERVICE DESCRIPTION 

Welcome to HitShot, the first emotional messenger.

 

We offer you the possibility of communicating, in a strictly private setting, with other users of the HitShot Application, notably by sending images, videos and emotional messages using short excerpts of songs illustrating a point, defending or criticizing an opinion, a conviction, and/or for informative, humorous purposes and more generally to generate an emotional reaction in your recipient ("Musical Quotes"). 

The HitShot Application also allows you to discover new artists and listen to their works on the legal streaming platforms of your choice (free access or by paid subscription).

The Services are provided for private, non-commercial use.

 

Please note that there are important differences between our Services and your mobile, landline and SMS services. It is important to note that our Services do not provide access to emergency services or emergency service providers, including police, fire or hospital services, or any other connection to emergency call centers. You should ensure that you are able to contact the relevant emergency services via a cell phone, landline or other service.

The HitShot Services and Application are intended only for persons 13 years of age and older. 

 

You may use the HitShot Services and Application via the HitShot mobile app available on IOS™ and Android™. Some features are only available on the App. In addition, some Services or features may not be available in your country or region. Different features may be available in different versions of the Services. 


Some features are not available to users under a certain age. 

 

We strive to provide the Services without significant interruptions and to continually improve the Service. However, the Service may become unavailable in whole or in part at times during scheduled or unscheduled downtime, including in the event of maintenance or technical difficulties.

3. ACCEPTANCE OF THE TERMS AND CONDITIONS OF SERVICE

Les Conditions constituent un accord juridiquement contraignant conclu entre vous et nous. Veuillez prendre le temps de les lire attentivement et si vous n'êtes pas d'accord avec leur contenu, veuillez ne pas vous inscrire, accéder ou utiliser les Services.

Aux fins des présentes Conditions, les termes « vous » et « votre » doivent être compris comme vous identifiant en tant qu'utilisateur des Services.

Vous lisez les Conditions Générales de Service (les « Conditions »), qui régissent nos relations, servent d'accord entre vous et nous, et définissent les modalités et les conditions d'accès et d'utilisation de l’Application HitShot ainsi que de notre site internet (comme notamment HitShot.io), services, applications, produits et autres contenus qui y sont liés et qui sont offerts conformément à ces Conditions (collectivement, les « Services »). 


En vous inscrivant, en accédant ou en utilisant les Services, vous convenez que vous pouvez conclure et que vous concluez un contrat juridiquement contraignant avec HitShot comprenant les Conditions, que vous avez 13 ans ou plus, que vous acceptez ces Conditions et que vous vous engagez à les respecter. 

Veuillez également consulter notre Politique de confidentialité, qui régit la façon dont nous utilisons vos informations personnelles et nos Règles en matière de Propriété Intellectuelle. 

Si vous accédez ou utilisez les Services pour le compte d'une entreprise ou entité, alors (a) les termes « vous » et « votre » désignent cette entreprise ou entité et vous, (b) vous déclarez et garantissez que vous êtes un représentant autorisé de l'entreprise ou de l'entité ayant le pouvoir de lier l'entité à ces Conditions, que vous acceptez ces Conditions pour le compte de l'entité, et que (c) votre entreprise ou entité est légalement et financièrement responsable de votre accès ou utilisation des Services ainsi que de l'accès ou l'utilisation de votre compte par d'autres affiliés à votre entité, y compris les employés, agents ou sous-traitants de celle-ci.

Vous devez disposer de certains appareils, logiciels et connexions de données pour pouvoir utiliser nos Services, que nous ne fournissons pas autrement. Pour pouvoir utiliser nos Services, vous consentez à télécharger et installer manuellement ou automatiquement les mises à jour de nos Services. Vous acceptez également que nous vous envoyions des notifications par le biais de nos Services de temps à autre, dans la mesure nécessaire pour vous fournir nos Services.

Vous êtes responsable de l’ensemble des frais d’abonnement au service de données de votre opérateur, des frais Internet et des autres taxes et frais associés à votre utilisation de nos Services.


4. USER ACCOUNT CREATION

To access or use our Services, you must create a user account within the HitShot Application. When you create an account, you must provide accurate and current information and provide your current cell phone number and, if it changes, update it using our in-app number change feature. You agree to receive text messages and phone calls (from us or our third party providers) providing you with the codes necessary to register for our Services.

 

It is important that you maintain and promptly update your contact information and any other information you provide to us so that such information is current and complete. The Terms are also available on the HitShot App at all times. It is important that you keep your account password confidential and not disclose it to third parties. If you know or suspect that a third party knows your password or has accessed your account, you must promptly notify us at hello@hitshot.io.

 

To let you know if your friends are using the HitShot Application, you can use the contact import feature and provide us with the phone numbers in your phone's address book on a regular basis.

 

5. EXPRESSION OF EMOTIONS

On the HitShot Application, you have the possibility to add a specific emotion to your private messages in order to communicate a feeling to your recipients.

 

To do this, the HitShot Application allows you to send your friends the Musical Quote that best corresponds to the emotion to be shared, based on several criteria (meaning of the message, mood, language, duration, theme, etc.). These criteria allow HitShot to offer you the best experience both in preparing and receiving these emotional messages.

6. CHANGES TO TERMS AND SERVICES

We are constantly innovating, changing and improving the Services. We may also change these Terms from time to time, for example, when we update the functionality of the Services or when regulatory changes occur that impact these Terms or the Services. 

 

We will provide reasonable notice, such as through a notice on our HitShot Application, prior to any material changes to these Terms or our Services that would have a material adverse effect on you or that would substantially limit access to or use of our Services. However, you should check the Terms periodically to see if any such changes have been made. We will also change the "Last Updated" date listed above in these Terms to reflect the effective date of the most recent update to the version of these Terms. Because we do not permit use of the Services by persons who do not agree to abide by our Terms, your continued access or use of the Services after the date of the new Terms constitutes your acceptance of the new Terms. If you do not agree to the new Terms, you must stop accessing or using the Services and close your account (if any).

 

For changes that are made to the Terms or Services to meet safety, security or regulatory requirements, we may not be able to notify you in advance of the changes, but we will notify you as soon as possible.

 

7. RESIGNATION 

We reserve the right to suspend, temporarily or permanently, or terminate your user account, impose limits or restrict your access to parts or all of the Services with or without notice, at any time, for any reason, including:

  • if we reasonably believe that you are violating, or have objective grounds to reasonably believe that you are about to violate, the Terms, including any incorporated agreements, policies or guidelines (such as our Intellectual Property Rules), or any applicable law or regulation.    

  • if any activity occurs on your account that we believe damages or may damage or harm our Services, ourselves, or may infringe the rights of others (including intellectual property rights); 

  • in response to requests by law enforcement or other government agencies under applicable legal process; 

  • due to unexpected technical or security problems; or 

  • for extended periods of inactivity on your account. 

 

If we suspend or permanently terminate your user account, we will notify you in advance to allow you time to access and store your information and content, unless we have reason to believe that continued access to your account would be detrimental to our services or us, or would violate requests from law enforcement or other government agencies, laws or regulations, or the rights of third parties. 

 

Without prejudice to your legal rights, if your account is temporarily or permanently suspended or terminated, access to your username, password and any related information or content associated with your account may be suspended or terminated. Because we do not guarantee the continued availability of your content, you should make backups of any content that is valuable to you. 

 

If you no longer wish to use our Services, you may request deletion of your account via the features provided on the HitShot App. You may also contact us via the form at www.hitshot.io/contact and we will provide you with more information and guide you through the process of deleting your account.

 

Please note that once your account has been suspended, you will not be able to reactivate your account or retrieve any content or information that you have added to it.

 

8. USE OF SERVICES

Access to and use of the Services are subject to these Terms and all applicable laws and regulations. You may not:

  • access or use the Services if you are not 13 years of age or older, or if you do not agree to these Terms.    

  • copy, modify, adapt, translate, reverse engineer, disassemble, decompile or create derivative works based on the Services, including any files, musical quotations or documents (or any portion thereof) or determine or attempt to determine any source code, algorithms, methods or techniques embodied in the HitShot Application or any derivative works thereof unless we have expressly authorized such activities in advance;

  • distribute, license, transfer or sell all or any portion of the Services or any derivative thereof;

  • market, rent or lease the Services for a fee or charge, or use the HitShot Application for advertising or commercial solicitation, unless we have expressly authorized such activities in advance; 

  • Use the Services, without our express prior consent, for any commercial or unauthorized purpose, including for the purpose of posting or facilitating the transmission of any advertising, commercial solicitation or spam;

  • interfere or attempt to interfere with the proper working of the Services, disrupt the HitShot Application, our Website or any network connected to the Services, or circumvent any measures we may use to block or restrict access to the Services;

  • embed the HitShot Application or any portion thereof in any other program or product, in which case we reserve the right to refuse to provide the Services, terminate accounts or limit access to the Services in our sole discretion; 

  • use any automated system or software, whether operated by a third party or otherwise, to extract any data from the Services for commercial purposes ("screen capture");

  • impersonate any person or entity, misrepresent yourself or otherwise misrepresent your affiliation with any person or entity, including by making any content you upload, post, transmit, distribute or otherwise make available appear to originate from the Services;

  • intimidate or harass others, or promote sexually explicit material, violence or discrimination based on race, gender, religion, nationality, disability, sexual orientation or age;

  • use or attempt to use another user's account, service or system without HitShot's authorization, or create a false identity on the Services;

  • Use the Services in a manner that may create a conflict of interest for you or us or that may interfere with the purpose of the Services, which is to exchange comments with other users and to write or solicit promotional comments;

  • use the Services to intentionally, recklessly or negligently upload, transmit, distribute, store or make available:

    • any file that violates or may violate any applicable law or violates the rights of any other person; 

    • any viruses, Trojan horses, worms, logic bombs or other technologically harmful or malicious material; 

    • any unsolicited or unauthorized advertising, solicitation, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other prohibited form of solicitation; 

    • any file that infringes or may infringe on any copyright, trademark or other intellectual property right of any other person;

    • any file that infringes on the privacy rights, personality rights, or rights of a deceased person; 

    • any file that is defamatory of any person, or that is obscene, offensive, pornographic, hateful or hate-mongering; 

    • any file that could constitute, encourage, or provide instructions for the commission of a criminal offense, dangerous activities, or acts of self-harm; 

    • any file that is deliberately designed to provoke or upset people, and in particular to persecute and intimidate, or that is intended to harass, hurt, harm, frighten, torment, embarrass, or disturb people; 

    • any file that contains any threat, including threats of physical violence; 

    • any file that is racist or discriminatory in nature, including discrimination based on race, religion, age, gender, disability or sexuality of others; 

    • any response, reaction, comment, opinion, analysis or recommendation you provide for which you are not qualified or authorized to do so; 

    • any file that HitShot determines to be objectionable or that restricts or inhibits any other person from using the Services or that may expose HitShot, the Services or its users to any harm or liability of any kind.

In addition to the above, your access to and use of the Services must, at all times, comply with our Intellectual Property Rules. 

We reserve the right, at any time and without providing notice, to permanently or temporarily remove or suspend access to content if, in our opinion, the content violates or may violate these Terms or our Intellectual Property Rules, the rights of third parties (including intellectual property rights), applicable laws and regulations, or if it is detrimental to the Services, our users or third parties. 

9. INTELLECTUAL PROPERTY

9.1. We respect intellectual property rights and we ask that you do the same. As a condition of your access to and use of the Services, you agree not to infringe the intellectual property rights of any person when using the Services. For example, you agree not to upload any content that is the property of others to the Services. 

 

9.2. User Rights.
HitShot does not claim any ownership rights in the information and data you submit for your HitShot account or through our Services. You must have the necessary rights to the information you submit for your HitShot account or through our Services and the necessary authorization to grant the rights and licenses set forth in our Terms.

In order for us to operate and provide our Services, you grant HitShot a worldwide, non-exclusive, royalty-free, sublicensable, transferable license to use, reproduce, distribute, display and exploit the information (including content) that you upload, submit, store, send or receive on or through our Services and to create derivative works therefrom. The rights you grant under this license are for the limited purpose of operating and providing our Services.

 

You further acknowledge and agree that we may generate revenue, enhance our reputation or otherwise increase our value from your use of the Services, including, by way of example but not limited to, through the sale of advertisements, sponsorships, promotions, usage data and gifts, and except as expressly authorized by us in these Terms or in any other agreement we may have entered into, you will not be entitled to receive any revenue or goodwill or value of any kind. 

 

9.3. Rights of HitShot

The software, content, text, images, illustrations, logos, patents, trademarks, service marks, copyrights, designs and "look and feel" of the Services, the HitShot Application and all intellectual property rights therein (the "HitShot Works") are the property of HitShot.

 

Use of any or all of the HitShot Creations or files from the Services for any purpose not expressly permitted under these Terms is strictly prohibited. Such content and files may not be copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any purpose without our prior written permission or, where applicable, the prior written permission of the copyright owners.

 

Without prejudice to these Terms, we grant you a non-exclusive, limited, non-transferable, revocable, worldwide, non-sublicensable license to access and use the Services, including to download the HitShot Application to an authorized device and to access all or any portion of the HitShot Creations solely for your personal, non-commercial use of the Services and in accordance with these Terms. We reserve all rights not expressly granted herein with respect to the Services and any or all of the HitShot Creations. You acknowledge and agree that upon termination of your account or these Terms, this license granted to you under the Services shall automatically terminate.

 

9.4. Rights of third parties

Other creations (not included in the HitShot Creations), including Musical Quotes, Gifs and more generally any intellectual property protected work that you use via the HitShot Application remain at all times the property of their respective rights holders (author, composer, publisher, producer, licensee, etc.). 

 

The Gifs and musical quotations available on the HitShot Application are short extracts of intellectual works protected by intellectual property rights. Their use is strictly limited to private (and not public) use, within the framework of a conversation limited to the family circle and friends, between one or more users and this, within the framework of the legal exceptions to literary and artistic property rights (family circle, short quotation, etc.). The Musical Quotes are not subject to any unauthorized marketing and are also intended to ensure the promotion of artists by allowing you to listen to their works on legal streaming platforms (free access or paid subscription).

 

HOWEVER, NO RIGHT IS GRANTED TO YOU BY VIRTUE OF THE PRESENT CONDITIONS WITH REGARD TO AN UNAUTHORIZED USE OUTSIDE OF THE HITSHOT APPLICATION OF THE MUSICAL QUOTATIONS (AND THE MUSICAL WORKS WHICH ARE INCORPORATED THEREIN) WHICH ARE MADE AVAILABLE ON OR THROUGH THE SERVICES.

9.5. Content liability

You acknowledge and agree that when you post content provided by others on the Services, you do so at your own risk. The content provided on our Services is provided for informational purposes only. It is not intended to constitute advice on which you should rely. You should seek professional advice before taking, or refraining from taking, any action based on the content available on the Services.

 

We make no representations, warranties or assurances, express or implied, that any HitShot Creations (including User Content) is accurate, complete or current. Where the Services contain links to other sites and resources provided by third parties, such links are provided for informational purposes only. We have no visibility or control over the content accessible through these sites or resources and you acknowledge and agree that we are not responsible for such content. These links should not be construed as an endorsement by us of the linked websites or the information you may obtain on or through them. You acknowledge that we have no obligation to pre-screen, monitor, review or edit any content posted by you and other users on the HitShot Application (including User Content).

 

If you would like to complain about certain information and files uploaded by other users, or for any other questions you may have, please contact us at www.hitshot.io/contact.

10. PERSONAL DATA

The conditions, rules and rights related to the processing and collection of your personal data are set out in the Personal Data Charter available at https://www.hitshot.io/user-data.

11. RESPONSABILITY

11.1. Compensation

You agree to defend, indemnify and hold harmless HitShot and its parent, subsidiaries and affiliates, and each of their respective directors, employees, agents and advisors from and against any and all claims, liabilities, costs and expenses (including, but not limited to, attorneys' fees and expenses), arising out of your (or any other user's) failure to use your account to access any of the Services, or arising out of your breach of any of your obligations, representations and warranties.

 

11.2. Exclusion of guarantees

NOTHING IN THESE TERMS WILL AFFECT ANY STATUTORY RIGHTS THAT: (I) YOU CANNOT CONTRACTUALLY AGREE TO MODIFY OR WAIVE; AND (II) YOU MAY STILL BE LEGALLY ENTITLED TO AS A CONSUMER.
THE SERVICES ARE PROVIDED "AS IS" AND WE MAKE NO WARRANTIES OR REPRESENTATIONS TO YOU REGARDING THE SERVICES. IN PARTICULAR, WE DO NOT REPRESENT OR WARRANT TO YOU THAT :

  • YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS;

  • YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE;

  • YOUR USE OF THE SERVICES WILL COMPLY WITH INTELLECTUAL PROPERTY LAWS;

  • INFORMATION OBTAINED BY YOU IN CONNECTION WITH YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE OR FREE FROM ERROR; AND

  • PROBLEMS WITH THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, NO CONDITIONS, WARRANTIES OR OTHER TERMS (INCLUDING ANY IMPLIED CONDITIONS AS TO SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR DESCRIPTION) APPLY TO THE SERVICES EXCEPT AS EXPRESSLY SET FORTH IN THE TERMS. WE MAY MODIFY, SUSPEND, DISCONTINUE OR LIMIT THE AVAILABILITY OF ALL OR ANY PART OF OUR HITSHOT APPLICATION FOR BUSINESS AND OPERATIONAL REASONS AT ANY TIME WITHOUT NOTICE.

11.3. Limits of liability

NOTHING IN THESE CONDITIONS SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR LOSSES WHICH CANNOT BE LEGALLY EXCLUDED OR LIMITED BY APPLICABLE LAW. THIS INCLUDES LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR EMPLOYEES, AGENTS OR SUBCONTRACTORS AND FOR FRAUD OR MISREPRESENTATION.

 

WITHOUT PREJUDICE TO THE ABOVE PARAGRAPH, WE SHALL NOT BE LIABLE TO YOU WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), UNDER ANY STATUTE OR OTHERWISE IN ACCORDANCE WITH OR IN CONNECTION WITH THESE TERMS OR IN CONNECTION WITH THE PROVISION OR RECEIPT OF THE SERVICES FOR: (I) LOSS OF PROFIT; (II) DAMAGE TO REPUTATION; (III) LOSS OF OPPORTUNITY; (IV) LOSS OF DATA; (V) LOSS OF BUSINESS; (VI) BUSINESS INTERRUPTION; (VII) LOSS OF BUSINESS REPUTATION; OR (VIII) ANY INDIRECT OR CONSEQUENTIAL LOSS OF ANY KIND. 

 

NOTWITHSTANDING THE FOREGOING, OUR TOTAL AGGREGATE LIABILITY WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), UNDER ANY STATUTE OR OTHERWISE IN ACCORDANCE WITH OR IN CONNECTION WITH THESE TERMS AND CONDITIONS AND IN CONNECTION WITH THE PROVISION OR RECEIPT OF THE SERVICES SHALL BE LIMITED TO THE AMOUNT PAID BY YOU TO HITSHOT WITHIN THE 12 MONTHS IMMEDIATELY PRECEDING YOUR CLAIM AGAINST HITSHOT;

 

YOU ACKNOWLEDGE AND AGREE THAT NOTWITHSTANDING THE FOREGOING, WE SHALL NOT BE LIABLE TO YOU WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), UNDER ANY STATUTE OR FOR ANY LIABILITY, LOSS, EXPENSE (INCLUDING LEGAL FEES), CLAIM FOR REIMBURSEMENT OR DAMAGES FOR COSTS WHICH MAY BE INCURRED BY YOU OR ANY OTHER PERSON ARISING OUT OF OR IN CONNECTION WITH : RELIANCE BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING OR RESULTING FROM ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES; ANY CHANGES WE MAY MAKE TO THE SERVICES, OR FOR ANY TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR CERTAIN FEATURES THEREOF); THE DELETION, CORRUPTION, OR FAILURE TO STORE ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES; YOUR FAILURE TO SECURE AND MAINTAIN THE CONFIDENTIALITY OF YOUR LOGIN OR PASSWORD FOR ACCOUNT ACCESS.

 

PLEASE NOTE THAT WE ONLY PROVIDE OUR HITSHOT APPLICATION FOR NON-BUSINESS AND PRIVATE USE. YOU AGREE NOT TO USE OUR HITSHOT APPLICATION FOR COMMERCIAL OR BUSINESS PURPOSES UNLESS WE HAVE PROVIDED EXPRESS WRITTEN CONSENT. 


THESE LIMITATIONS ON OUR LIABILITY TO YOU WILL APPLY EVEN IF WE HAVE BEEN ADVISED OR SHOULD HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES.

 

YOU ARE RESPONSIBLE FOR ANY CELL PHONE CHARGES THAT MAY APPLY TO YOUR USE OF OUR SERVICES, INCLUDING FOR TEXTING AND DATA TRANSMISSION. IF YOU ARE UNSURE OF THE AMOUNT OF THESE CHARGES, YOU SHOULD CONTACT YOUR TELEPHONE PROVIDER BEFORE USING THE SERVICES.

 

12. ELSE

12.1. Modification 

Any modification or waiver of the Terms that constitutes the entire contractual framework of your relationship with HitShot shall be effective only upon execution of an amendment or acceptance of a modified version of the Terms.

 

12.2. Partial validity

If one of the contractual clauses is null and void with regard to a law or any other rule of law in force, it will be deemed unwritten, without this leading to the nullity of the Conditions as a whole, the other stipulations keeping all their force and their scope.

 

12.3. Permanence of clausesThe fact that either Party does not require the application of any clause of the Contract, permanently or temporarily, shall in no way be considered as a waiver by that Party of the rights arising from the said clause. 

12.4. Titles

In case of difficulty of interpretation between any of the titles and any of the clauses, the titles will be declared non-existent. 

12.5. Applicable Law and Disputes

The Contract is subject to French law.
The Parties declare their intention to seek an amicable solution to any dispute relating to the formation, application or interpretation of the Contract. Any dispute not amicably resolved within one month of its occurrence shall be subject to the jurisdiction of the French courts. This clause shall be applicable even in the event of summary proceedings, third-party proceedings or multiple defendants.

12.6. Bond Survival

It is expressly agreed that the provisions of Sections 6, 8 and 9 shall survive termination of the Terms for any reason whatsoever.

12.7. Additional Conditions - Application Download Platforms

 

It is agreed between you and HitShot that the following additional terms and conditions shall apply:

 

 

  • Apple Notice. By accessing the HitShot Application through a device manufactured by Apple, Inc ("Apple"), you specifically acknowledge and agree that:

 

  • These Terms are between HitShot and you; Apple is not a party to these Terms.

 

  • The license granted to you hereunder is limited to a personal, limited, non-exclusive, non-transferable license to install the HitShot Application on the Apple authorized device(s) you own or control for personal, non-commercial use, without prejudice to the Usage Rules set forth in the Apple HitShot Application Download Terms of Service.

  • Apple is not responsible for the HitShot Application or its contents and has no obligation to provide support or maintenance services with respect to the HitShot Application.

  • In the event that the HitShot App does not comply with any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the HitShot App, if any. To the maximum extent permitted by applicable law, Apple makes no other warranties or obligations with respect to the HitShot Application.

 

  • Apple is not liable for any claim made by you or any third party with respect to the HitShot App or your possession and use of the HitShot App, including but not limited to (a) product liability claims; (b) any claim that the HitShot App does not comply with any applicable legal or regulatory requirement; and (c) claims relating to consumer protection or similar law.

 

  • In the event of a claim by a third party that the HitShot Application or your possession and use of the HitShot Application infringes its intellectual property rights, Apple will not be responsible for investigating, defending, settling or removing such intellectual property infringement claims.

 

  • You represent and warrant that (a) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a "state sponsor of terrorism"; and (b) you are not listed by the U.S. government as a prohibited or restricted party.

 

  • Apple and its affiliates are third party beneficiaries of these Terms and upon your acceptance of the provisions of these Terms, Apple shall have the right (and shall be deemed to have accepted the right) to take action to enforce these Terms against you as a third party beneficiary of these Terms.

 

  • HitShot expressly permits the use of the HitShot Application by multiple users through Family Sharing or any other such feature provided by Apple.

 

  • Google Play 

By downloading the HitShot Application from Google Play (or its successors) operated by Google, Inc. or any of its subsidiaries ("Google"), you acknowledge and agree that: 

 

  • in the event of any inconsistency between (a) the Google Play Terms of Service and the Google Play Business and Program Policies or other terms that Google designates as the default end user license terms for Google Play (together, the "Google Play Terms"), and (b) the other provisions contained in these Terms, the Google Play Terms will apply with respect to your use of the HitShot Application that you download from Google Play, and

  • you hereby acknowledge that Google has no responsibility or liability for HitShot's or your (or any other user's) compliance or non-compliance with these Terms or the Google Play Terms.

RULES OF INTELLECTUAL PROPERTY LAW

 

HitShot respects the intellectual property rights of others and we expect our users to do the same. HitShot's Terms of Service prohibit posting, sharing or sending any content that infringes on a copyright, trademark or other intellectual property right of another.

13. Copyright

13.1. Copyright is a right provided by the law under which you are governed that protects original works of the mind (e.g., music, video, etc.). 

 

13.2 Under European Union law, Users are permitted to use copyrighted works without the permission of the copyright owner for the purposes of quotation, criticism, review, or caricature, parody or pastiche, provided that such use is reasonable. European Union countries may also provide for additional exceptions. 

 

More information about the exceptions and limitations to copyright that apply in the European Union can be found below:

  •     Quotation, criticism and review
    Quotation is the use of an excerpt from a copyrighted work for purposes such as illustrating a point, defending an opinion, or participating in a debate. Quotations may also be used for the purpose of criticizing a copyrighted work (e.g., critical commentary on a film) or reviewing such a work (e.g., reviewing a book or a music album).

  •     Caricature, parody and pastiche

Cartoons are intended to exaggerate or distort reality, usually for humorous purposes. A parody evokes an existing copyrighted work while being substantially different from it and is an expression of humour or derision. A pastiche will generally incorporate distinctive elements of other works or styles into a new work.

 

In order for a use of a copyrighted work to qualify for an exception or limitation, it must be reasonable, which means that it must: (i) be no longer than necessary; (ii) be accompanied by sufficient acknowledgement of the original source; and (iii) not unreasonably prejudice the legitimate interests of the rights holder.

 

Videos that fall under an exception or limitation to copyright are still subject to our Community Rules. This means that these videos must not contain hate speech, must not involve hateful behavior, and must not be used to insult, mock, humiliate, embarrass, intimidate or harm anyone.


Please note that, in accordance with its legal obligations, HitShot provides a copyright infringement dispute resolution mechanism for users and rights holders. However, users remain free to assert their rights in the courts.

13.3. Violation of copyright 

We do not permit any content that infringes on copyright. Use of copyrighted content without the permission of the copyright holders or without a valid legal reason may result in a violation of HitShot's rules and policies.

 

However, not all unauthorized uses of copyrighted material constitute copyright infringement. In many countries, there are exceptions to copyright law that permit the unauthorized use of copyrighted works in certain circumstances. These include the doctrine of fair use in the United States and the exceptions and limitations to copyright in the European Union (and any equivalent exceptions under the local laws of other countries).

13.4. Content Removal - Account Suspension or Termination

Any user content that infringes on the copyright of a third party may be removed from HitShot. Any user account may be suspended or terminated for multiple copyright violations on HitShot or other violations of the Terms of Service. We reserve the right to deny any account holder, whose account has been used for unauthorized activities, the right to open a new account on HitShot or any other site or application hosted by HitShot.

 

13.5. Reporting a copyright infringement

Contacting the user directly may allow you to resolve your complaint more quickly and efficiently for you, the user and our community. You may also file a Report of Copyright Infringement to request the removal of allegedly infringing content from HitShot. 

 

All complaints must contain the information requested in our online Report of Copyright Infringement form. Failure to include this required information may limit our ability to investigate your claim and may result in its dismissal.

 

We may forward your contact information to the account holder involved, including the email address and name of the copyright owner and/or information regarding the claim.

 

If you report a copyright infringement to us, we may contact you if we have further questions regarding your report. Please note that it is not HitShot's responsibility to adjudicate third party disputes and HitShot may not be able to remove the content or suspend the account you reported. Alternatively, you may contact the person who posted the offending content or who owns the offending account to attempt to resolve your issue directly.

13.6. European Union Copyright Directive

In accordance with Article 17 of the EU Copyright Directive 2019/790, if you wish to grant HitShot permission to make your copyrighted works available on HitShot, please fill out the form available at www.hitshot.io/contact.


We will review your request and contact you.

 

If you would like to request that your music or audiovisual works not be made available on HitShot in the European Union, please complete the form available at www.hitshot.io/contact.

 

In order for HitShot to analyze your request, you will need to provide us with certain relevant and necessary information about you and your copyrighted works. Once HitShot receives this information and validates your request, we will do our best to prevent the availability of your copyrighted works on HitShot within the European Union.

 

Please note that, in accordance with its legal obligations, HitShot provides users and rights holders with a mechanism for resolving disputes regarding copyright infringement. However, rights holders remain free to assert their rights before the competent courts.


13.7. General remark

En tant qu’utilisateur de HitShot, vous êtes responsable du contenu que vous publiez. Si vous avez des questions sur le droit d'auteur ou sur le droit des marques, telles que le fait que votre contenu ou que votre utilisation du nom ou de la marque d’un tiers constitue ou non une atteinte aux droits d’un tiers, il vous est recommandé de contacter un avocat. Si vous n'êtes pas sûr que le contenu que vous envisagez de nous signaler porte atteinte aux droits d’un tiers, vous pouvez également demander un avis juridique avant de nous signaler ce contenu.

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