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Terms of Use

1. SCOPE OF THE TERMS OF USE

 

The following terms of use (the “Terms of Use”) describe the rights and obligations of 1339 company, a French société par actions simplifiée, registered with the Registre du commerce et des sociétés of Troyes, under number 801 542 713, with a share capital of 10.000 euros, whose registered office is at 2, rue Gustave Eiffel, 10430 Rosières Près Troyes, FRANCE, phone number: +33 954 589 982, email: webmaster@wholikes.us, fax: +33 954 589 982, VAT number: FR 91 801542713 (the “Company”) and the natural or legal person acting within its business (the “User”) who uses the website wholikes.us operated by the Company (the “Website”) and the services offered on the Website (the “Services”).

The Services offered through the Website enable the Users to analyze and aggregate data from Facebook pages . The Services enable notably to create statistics related to posts or to fans and to export said statistics. The Company will have access to information available on these social networks via their A.P.I. (Application Programming Interface). A list of the concerned social networks is available on the Website.

These Terms of Use integrally govern the legal relationship between the Company and the Users.

The User represents and warrants that he or she has read and accepted the Terms of Use before using the Services. If the User is not willing to be bound by these Terms of Use, the User shall not use the Services.

The User represents and warrants that he or she is at least 18 years old and that he or she has the legal right to accept the Terms of Use.

 

2. USE OF SERVICES

 

The Services are available to all Users having an Internet access and technical and computer resources required for the functioning of the Services, as described on the Website.

All costs related to the Services are exclusively borne by the User, including but not limited to material fees, software or Internet access fees. The User is sole responsible for ensuring the proper functioning and parameter of his or her computer facilities and Internet access.

Parts of the Website are only made available to Users who are connected via their account on the social network concerned or who are identified by their username and password.  

For the provision of the Services, the Company uses the functionalities described on the Website.

The Company reserves the right to insert advertising, promotional and/or sponsoring messages on the pages of its Website.

 

3. ACCOUNT, USERNAME, PASSWORD

 

In order to access the Services, the User will have to create an account on one or several social networks listed on the Website and log in on the Website via the concerned social network account. When a User logs in on the Website via his or her social network account, he or she automatically triggers the creation of an account on the Website. For the use of the account and performance of the Services, the following information will be collected on the social network: User name, surname, User email address, data available on the User’s social network public profile to which the User is part of on the social network concerned.

When User subscribes to certain Services as defined in Article 4, additional information could be collected by the Company for the provision of the Services.

Should the User fail to fill in mandatory fields for the subscription to the Services, User shall not have access to the Services.

The User represents and warrants that his or her personal information provided to the Company (i) is accurate and up to date and (ii) does not infringe any third party’s rights, a third party being either a natural or a legal person. The User must update his or her information on his or her account as well as on the account registered on the social network concerned.

The username and the User’s password used on the Website or on the joint accounts are strictly personal and under the sole responsibility of the User. The User is responsible for the security and the confidentiality of his or her password and for all activities carried out through his or her username or password resulting from the User’s negligence.

Should the User’s account be usurped, the User will have to immediately inform the Company which will have the discretion to close the account and enable the User to open another account under a new username and a new password.

 

4. SERVICES SUBSCRIPTION

 

When the User logs in on the Website via his or her account on a social network, he has automatically access to the “Free” offer without any financial counterparts from Users.

The different kinds of Services and the “Free” offer’s functionalities are described on the Website.

The User can access other Services by subscribing to paying offers on the Website (“Order”).

Access to the different range of Services depends on the kind of offer chosen by the User.

4.1. Subscriptions

The User can subscribe to a paying subscription in order to use the Services (“Subscription”). The Subscriptions offered to Users are:

  • “Premium” Subscription
  • “Pro” Subscription

These Subscriptions are available:

  • On a monthly, nonbinding basis (“Nonbinding Subscription”); upon Order.

 

4.2. Order Process

The Services Order Process is the following:

  1. The User must create an account and log in the concerned social network via his or her account.
  2. The User chooses a Subscription or an offer and confirm his or her choice.
  3. The User can check his or her Order, the details of the Subscription or of the offer, the term, if applicable, the aggregate fee, and can correct potential mistakes.
  4. The User confirms his or her Order by clicking on the button enabling to confirm the Order.

The User also confirms that he or she understood that the Services were chargeable; he or she chooses a means of payment and provides the details enabling the Company to proceed to the payment.

  1. When the Order is confirmed, the User receives a confirmation email including the object of the Order, the details of the Services, the duration of the Order, the applicable Terms of Use and, if applicable, the conditions of termination, and, if applicable, the aggregate price and the detail of the price.

 

4.3. Services access

Upon logging in on the Website with his or her social network account, the User has access to the “Free” offer.

For all other offers and Subscriptions, the User has access to the Services upon payment of the Order. When the User subscribed to the Nonbinding Subscription, the User will be charged immediately.

4.4. Controls

The Company controls all the Orders. These controls aim at protecting the Company from abusive practices carried out by potential fraudsters.

4.5 Penalties

In case of non-payment of the Services, penalties will apply. Penalties will be due from the day following the date for the payment indicated on the invoice and until the date when the entire and integral payment is made. The late payment penalties rate corresponds to three (3) times the legal interest rate, as provided by French law. These penalties will be automatically due, without the Company needing to send a reminder to the User.

The User will also automatically have to pay the Company a fixed sum of a minimum of forty (40) euros for recovery costs representing the sums due by User to the Company.

4.6. Storage

At any time, the User can ask the Company by email to webmaster@wholikes.us to consult the Terms of Use which were accepted by the User.

 

5. FEES AND PAYMENT

5.1. Price

Prices of the Services are available on the Website. All fees are all tax included:

  • Nonbinding Subscription: the price indicated on the Website corresponds to the fees of each billing period (monthly period).

The Services are invoiced according to the applicable price at the time of the Services Order.

The Company reserves the rights to amend its prices at any time as follows:

  • Nonbinding Subscription:  the Company informs the User by email of the price amendments and of their effective date one month before they become effective. The User can terminate his or her Nonbinding Subscription no more than seven (1) day before the amended price becomes effective.

The amended prices are published on the Website.

5.2. Payment

(i) General

The User accepts to pay the Services according to the applicable price on the day of the Order or on the day when the User renews his or her Order. The User acknowledges that when he or she confirms the Order, he or she is bound by an obligation to pay.  Payment is integrally due at the date of the Order, subject to Article 4.4 concerning the Nonbinding Subscription. No merchant discount will be granted.

The User has the possibility to pay with his or her PAYPAL account or his or her bank card. The accepted bank cards are listed at the start of the Order process.

The Users are informed that the Company cannot be held liable in the context of the use of PAYPAL services or payment services by bank card. In the event the Users encounter difficulties, notably due to the hack of their PAYPAL or bank account, they must directly contact PAYPAL or the financial establishment concerned.

The Company will issue an invoice for each chargeable Services Order.

All the prices paid are nonrefundable.

(ii) Nonbinding Subscription

When the User subscribes to a Nonbinding Subscription, the User gives the Company the authorization to debit the indicated bank or PAYPAL account for the price of the Nonbinding Subscription as follows: (a) for the first month, at the expiry of the seven (7) days free offer period and (b) for the following months, at the anniversary date of the Order.

The User agrees to update his bank details in case of changes. In the event of a payment failure at the time when the payment is due, the Company will have the rights to suspend or terminate the access to the Services and will inform the User by any means.

 

6. USERS OBLIGATIONS

6.1. Obligations

The User shall abide by the Terms of Use and use the Services in observance with the Terms of Use, and with the applicable laws and regulations.

In particular, the User shall not upload any detrimental, libelous, insulting, discriminating or illegal opinions or comments against the Company and the Services on the Website, on any blog or social network and more generally on any means of communication.

The Company shall not be held liable for abusive use of the Services by the User.

The User shall use the Services in accordance with all laws, rules and regulations which are applicable in the country of destination. In particular, the User shall not, without limitation:

  • use forged electronic addresses;
  • use identity theft;
  • use the Services under a forged identity;
  • send spams or unsolicited mails, especially promotional;
  • not to disseminate messages or other content that is libelous, offensive, abusive, violent or promoting violence, obscene, racist, discriminatory, pornographic, pedophile, threatening, or encouraging discrimination or hatred based on race , religion, sex, or other, or encouraging crimes and offenses, crime apology, or promoting products or services the supply of which is regulated or prohibited, such as gambling;
  • use or display any elements that would infringe any intellectual right  or any right of any third parties;
  • communicate unreadable writings;
  • use the Services in order to harm a third party;
  • forge or otherwise manipulate, in any way or manner, logins or headers of messages in such a way as to hide the origin of the content  transmitted via the Services;
  • send, post, send by email or otherwise make available any document containing viruses or other computer codes, files or programs designed to interrupt, destroy or limit the functioning of a software, a computer system or a communication system;
  • use the Services in such a way as to disrupt, deactivate, overload or limit any  other User’s or the Company’s computer servers or network connection;
  • use the services to intrude into third party’s computer system or to carry any activity that may damage, control, interfere any third party’s computer system and violate its integrity or security;
  • try to access without authorization to accounts, third parties computer systems or networks connected to a Company’s or a third party’s server by hacking, password research or any other means;
  • modify, adapt or hack the Website, or modify any other website so as to create the impression that it is linked to the Website;
  • collect or store personal data related to other Users, unless this is done in full compliance with the provisions of French Data Protection Law n°78-17 of 6 January 1978.

Whether the User notices such illegal behavior on the Website or when Services are used the User shall report them promptly and by any means to the Company.

The User shall inform the Company promptly about any complaint, claim or legal action issued by third parties linked to the use of the Services by the User.

 

6.2. User’s warranties

The User agrees to integrally indemnify and hold harmless the Company, its affiliates, employees, agents and partners from any claim, demand or legal action issued from third parties due to the wrongful use of the Services by the User, or arising out of the User’s negligence, breach of his or her obligation or fault.

To that end, the User shall integrally indemnify and hold harmless the Company in full, including for attorneys’ fees and damages and liability or for all costs of any nature, arising out of or related to actions, claims, proceedings, demands, losses, damages, judgments, fines, trial. The User also agrees to take part in discussions with plaintiffs and to bear all the costs and all compensation due by virtue of an amicable settlement of such claims, transactions, arbitration proceedings, mediation, conciliation, participatory process, or any other alternative dispute resolution procedure of any kind.

 

7. INTELLECTUAL PROPERTY RIGHTS

All the rights, including all the proprietary and intellectual rights on the Services, the Website, all the elements used by the Company to provide the Services and the Website, such as the names, logos, signs, trademarks, and notably “1339”, “WHOLIKESUS” or “WHOLIKES.US” signs, software, source code, databases, technologies, methodologies, know how, equipment, graphics, documents, photographs, stylized letters or infrastructure, or any work, creation or patent, designs and models are and remain the sole and exclusive worldwide property of the Company.

The Company grants the User a non-exclusive, non-transferable license to access and use the Website and the Services in compliance with the purpose and the provisions set out in the Subscription or any offer chosen by the User. This license is strictly personal and cannot be transferred or otherwise assigned to third parties. This license is granted only for the terms of the Website and Services, as provided by the Subscription or the user’s chosen offer. This duration shall not exceed the legal duration applicable to copyright protection.

The license granted is worldwide.

All rights not expressly granted to the User are reserved by the Company. The User shall especially not copy, represent, reproduce, duplicate, publish, edit, transmit, translate, decompile, decode, disassemble, reverse-engineer, export, distribute, display, remove, delete, modify, adapt, and more generally carry out any work taking as a basis the Website or Services, neither sell all or part of the Website or the Services. Downloading or copying element of the Website will not grant any title or right on any elements or software.

 

8. LINKS TO THIRD PARTY WEBSITES

The Website may contain links to other websites that are not edited nor controlled by the Company. The Company shall not be held responsible for functioning, contents, updates, changes, services or goods or any element on such websites or obtained via such websites. Setting up such links or making references to any information, goods or services provided by a third party, cannot and should not be construed as an express or tacit approval by the Company of such websites, their elements or their contents.

Any question, comment or claim with regard to another website than the Website shall be addressed to operators, editors or hosts of these websites.

 

9. TERM AND TERMINATION

9.1. Term

(i) Duration of the account/ “Free” offer

The User’s account on the Website will have an unlimited duration from the moment he or she logs in on the Website via his or her account registered on a social network.

The User has access to the “Free” offer as long as he or she has access to his or her account.

(ii) Nonbinding Subscription

Nonbinding Subscriptions are valid for one (1) month from the date of the payment of the Order by the User.

Nonbinding Subscriptions will then be tacitly renewed every one (1) month from the Order anniversary date.

 

9.2. Termination of the Nonbinding Subscription

If the User has subscribed to a Nonbinding Subscription, he or she can terminate it without prior notice by visiting his/her account page on the website. The User will not be entitled to prorated reimbursement of any sum paid for Nonbinding Subscription period.

The Company can terminate the Nonbinding Subscription upon one (1) month notice via email..

9.3. Termination for breach

The Company reserves the rights to suspend or terminate without prior notice the User’s account or to cease to provide all or part of the Services or to terminate any offer and any Subscription in case the User breaches the Terms of Use, including but not limited to Article 6, or his or her legal or regulatory obligations.

In addition, the Company reserves the rights to initiate any legal or criminal actions against the User in case of any breach leading to the termination.

Termination arising out of a breach by the User does not entitle the User to any reimbursement of the fees already paid.

9.4. Termination of the Account

The User can delete his or her account and data corresponding to such account by sending an email to webmaster@wholikes.us .

Termination by the User of his or her social network account concerned does not trigger termination of his or her account, Subscription or any offer.

The Company can terminate an account by observing a one (1) month email notice to the User.

9.5. Terms and termination effects

Upon termination or expiry of a Subscription or an offer for any reason, the User will still have access to his or her account and to the Services according to the “Free” offer conditions only.

Any account termination will trigger the termination of all offers and Subscriptions, including the “Free” offer linked to the account, without any rights of reimbursement for the User, except the prorated reimbursement when the Company terminates the account without any breach from the User who subscribed to a Fixed Annual Subscription.

 

10. WARANTIES AND LIABILITES

To the fullest extent applicable by law, the Company has only an obligation to use all reasonable means to provide the Services to the User. The Company shall not be liable for indirect damages as they are defined by the case law of the French courts.

The Company’s liability is limited as follows: (i) for a Nonbinding Subscription, the Company’s liability is limited to the price paid for the period during which the damage occurs, , and (ii) for the “Free” offer, the Company’s liability is limited to the amount of 10 euros.

The Services are provided on an “as is” basis with no express or implicit guarantee of any sort. The Company does not guarantee, represent or warrant that the Services will be totally free of errors, and that the Services will specifically meet the User’s needs and expectations. In this regard, the Company shall not be liable for the use by the User of the analysis and data aggregation obtained by the Services.

The Company shall not be liable in case of damages or services unavailability caused by a force majeure event as defined by French law and case law, nor for any breach or improper performance of the Terms of Use  by the User, or any unpredictable and insuperable act by a third party.

The Company shall not be liable for the unavailability of its servers and Services arising out of the telecommunication networks interruption or disruption.

The Company reserves the rights to temporarily suspend or interrupt access to part or all of its Services to carry out maintenance and updates of such Services, or in case of technical failure. Said interruption or suspension will not entitle the User to any compensation nor incur any obligation for the Company. The Company shall not be liable for the disruption or damages related to the use of the Internet networks. In particular, the Company shall not be liable for any disruption in the provision of the Services.

The Company shall not be liable in case the User’s computer equipment or mailbox otherwise rejects, for example because of a spam system, the emails sent by the Company, containing notably and without limitation, the copy of the payment ticket, the details of the Order and/or the email to track performance.

The Company does not carry out any prior control nor moderation of the contents published by the Users on the social networks or the websites. The Users are solely responsible for the contents that they display on their own initiative on the social networks (personal data, photographs, texts, links, opinions, recommendations, professional information, publication exchanges, videos, etc.).

As a consequence, the User is solely liable under civil or criminal law for the contents they publish on the social networks, as an author or an editor of these contents.

The Company shall not be liable in case the User uses the Services for commercial activity purposes, notably when a disagreement arises between the User and a third party.

The Company shall not be liable for any malfunctioning or disruption of the A.P.I. of any social network on which the User created an account and on which the Services apply, nor for any consequences arising out of such a malfunctioning, notably on the retrieval of data via the A.P.I. involved.

 

11. FORCE MAJEURE

In the event that a force majeure event as defined by French law and case law prevents the Company or the User from carrying out their obligations, the obligations of the Company and the User will be suspended for as long as the force majeure even lasts.

If the case of force majeure prevents the concerned party from carrying out its obligations for a period in excess of thirty (30) days, the party which obligations are not directly affected by the case of force majeure will be entitled to terminate the Terms of Use upon written notification to the other party. In this latter case, no compensation will be due by any of the parties.

 

12. MODIFICATION

The Company reserves the right to modify, at any time, all or part of the Terms of Use and/or the Services.

The Company will send an email to the registered User no later than one (1) month before the entry into force of such modifications, requesting the User to read and accept the new version of the Terms of Use.

If the User does not agree with such modifications, the User may terminate his or her Subscription via an email request to the address webmaster@wholikes.us, no later than seven (7) days before the entry into force of the modifications. Such termination will take effect no later than the date modifications enter into force. In this case, the User will not be charged for his or her remaining payment.

The Company may unilaterally modify the Services or the Terms of Use to take into account technical evolution, as long as this does not entail any rise in price or impairment of the Services. The Users will be informed of such evolutions by a publication on the Website or by any relevant means.

 

13. PERSONAL DATA PROTECTION

The Company shall comply with the applicable laws and regulations concerning personal data protection.

13.1. Data controller

The Company, acting as data controller under the French Data Protection law, may collect the User’s personal data in order to monitor and operate the Website.

The Company has notified the French data protection authority (the CNIL), under notification number 1896355, that it would carry out personal data processing concerning its Users.

 

13.2. Purpose of data processing and category of data collected

When the User navigates through the Website and/or wish to benefit from the Services, the Company can collect the following User’s personal data:

  • Name, surname, phone number, email address, age, postal address, IP address

The Company uses said data for the following purposes:

  • Take into account orders of the Services carried out by the User;
  • Manage and process the orders;
  • Provide the Services;
  • Information on the Company, its Services and its activities;
  • Answer to User’s potential questions/claims;
  • Organize prize games;
  • Subscription to newsletters;
  • Carry out marketing campaigns in order to inform the User, notably on conferences and promotional events held by the Company or its partners.

 

13.3. Data recipient

The Company can communicate User’s personal data in order to cooperate with judicial and administrative authorities.

The Company can also communicate User’s personal data in order to carry out statistical studies on the use of the Website and to optimize the use of the Website. In this case, said data will be anonymized.

 

13.4. Duration of data storage

The User’s personal data is collected and stored for the period corresponding to the use of the Services by the User and for a period of three (3) years from the date the User stops using the Services.

 

13.5. Users rights

In compliance with French Data Protection Law dated 6 January 1978 and its amendments, the User is informed that he or she has the right to access, amend and delete his or her data, as well as the right to oppose, for legitimate reasons, to the processing of his or her data. The User can exercise his or her rights via an email request to the address webmaster@wholikes.us.

The Company can send commercial solicitation to the User provided that he or she has agreed to it. In this case, should the User wish to stop receiving such solicitations, the User can send a request free of charge and without having to state any reason to the address webmaster@wholikes.us.

 

13.6. Use of cookies by the Company

The Company may use cookies when the User uses and navigates through its Website. Said cookies are stored on the User’s hard drive computer.

When the User uses and navigates through the Website and/or proceed to Orders, the Company will ask him or her to expressly agree with the installation of cookies on his or her computer via web banner at the top page of the Website’s Homepage. By carrying on using the Website, the User expressly agrees with the installation of cookies on his or her computer.

Cookies may also enable to suggest to the Users targeted advertising on goods or services which are likely to interest them.

The User can parameter his or her web browser to record or refuse the cookies, either depending on the cookies origin or systematically. The User can also parameter his or her web browser so as to trigger the cookies agreement or refusal on punctual basis.

Subsequently, if the User does not wish to grant its agreement to the Company anymore, the User will have to parameter his or her web browser so as to disable the installation of cookies while he or she is navigating through the Website. In this case, the User might not have access to all the functionalities of the Website.

 

13.7. IP address

Each computer which is connected to the Internet network is granted an IP address. As soon as a User navigates through the Website, the Company collects the User’s IP address in order to analyze the traffic on the Website and to control the User’s activity on the Website so as to ensure that he or she does not act in a way that could infringe the Terms of Use.

 

13.8. Data security and confidentiality

The Company ensures that the User’s personal data is dully and properly secured and that it has taken all the necessary steps in order to keep data confidential and secured, especially to prevent them from being altered, damages or communicated to non-authorized persons.

13.9. User’s obligations

 

(i) User’s personal data which are publicly available on the social networks

The User acknowledges that personal data which has been made publicly available by him or her on the social networks’ platforms can be freely used by the Company for being data made publicly available by the User’s own will.

The User warrants the Company that the display of his or her personal data is made in compliance with the social networks’ privacy policies which the User subscribed to. To this end, the User shall observe the privacy policies on the social networks he or she subscribed to. In case of infringement, the Company shall in no event be held liable.

The Company does not act as data controller of personal data communicated and displayed by Users on social networks that is aggregated on the Website by Users while using the Services. In this case, the Company acts as data processor under the French Data Protection Law, in the name and under the instructions of the User, who acts as the sole data controller.

The User is solely liable of his or her personal data under the French Data Protection Law.

(ii) Personal data security on the social networks platform

The Company shall not be liable for the security and the confidentiality of the User’s personal data when said data is available on the social networks.

To this end, the User is solely liable for the security and confidentiality of such aggregated personal data. In case of User’s personal data infringement, he or she should contact, as the case may be, the social network(s) likely to be liable for this infringement.

(iii) Respect of third parties’ private life

The User shall not infringe third parties’ private life or personal data and is solely liable for the information on these persons that he or she has displayed on social networks and subsequently aggregated on the Website.

 

14. JURISDICTION-APPLICABLE LAW

The validity and effects of the Terms of Use shall not be affected should one or several non-essential provision be void for any reasons and notably following a change in law or regulation, or as a consequence of a court decision.

These Terms of Use shall be governed and construed by the laws of France, without regard to the conflict of law provisions. To this end, the United Sates convention on contracts for the international sale of goods does not apply.

The User and the Company agree to irrevocably submit any dispute arising out of the interpretation or the performance of the Terms of Use to the exclusive jurisdiction of the Paris Courts, France.

The User is informed of the possibility to submit a dispute to a mediation procedure or any alternative dispute resolution procedure.

 

15. LANGUAGE

These Terms of use are written in Engalish. A translation in other languages is made available for information purposes only. In case of contradiction, only the English version will be deemed as evidence between the parties.

 

16. CREDITS

The images and graphics used on the website, blog, social media and newsletter come from

http://www.freepik.com/

http://www.freedigitalphotos.net

 

17. CONTACT AND REQUESTS

Should the User have any questions or requests or need any information, especially concerning the personal data protection policy as provided in Article 13, the User may at any time contact the Company’s Customer Service by email to the address webmaster@wholikes.us or by phone : +33 954 589 982. The Company will do its best effort to process the requests under 48 hours following the User’s call or the User’s email reception.

The above Terms of Use are dated October, 20th 2015.