Terms of Use

 

1 ABOUT

Wevod is a french company based in Paris. It has conceived and is running a new kind of service branded under the name "Mailemotion" allowing people to create and share video emails. This service is accessible from the Website www.mailemotion.tv and has been designed in a way that anyone, computer skilled or not could use it and freely communicate emotions to relatives, friends, colleagues or customers through videos.

Wevod is responsible for broadcasting users videos through the use of its Website www.mailemotion.tv as well as through other partner's Websites as long as it complies with the principles of Moderation as specified in this document.

The User hereby accepts that as it is common on the Internet, Wevod will be able to add and associate advertisements of its own choice inside the user's video as well as on the Web pages where the video is to be displayed.

The Users declare being fully aware of the Internet's lack of reliability, especially in terms of security while transmitting data, on possible unavailability of the service and on uninsured performances about volume and speed while transmitting data.

Wevod would like to warn its users on their duty to respect others rights and in particular : brands, copyrights, privacy and the whole rules and laws that apply on the Internet.
After reading and understanding all the informations available on the subject of the Website's use and the service "Mailemotion", the User wished to use it under the following Terms of Use.

These Terms of Use are governed by French law.

2 OBJECT

These Terms of Use as for object to define the rules and conditions in which the User will be taking advantage of Mailemotion's service and Website. Any User registering through the online Form as well as any User using the service have to agree with this terms and conditions. The User admits having read and understood these Terms of Use and therefore declares accepting it widely without limits.

3 DURATION AND VALIDITY

These Terms of Use enter into validity from the User's submission of the fully filled registration form, without these Terms of Use needing to be signed by any party. These Terms of Use are concluded for an unlimited period and can be denounced by Wevod at any time.

4 SERVICE FEES

The service from Mailemotion is to be accessible from the Website www.mailemotion.tv for free.
However, all the Internet access and communication related fees that might be necessary in order to access the service remain fully on charge of the User, as well as any other fee related to creating the videos.

Wevod might in the future change the amount of services available on www.mailemotion.tv and as a matter a fact ask the User for payment in certain cases.

5 SUBSCRIPTION CONDITIONS

Access and subscription to the service is available 24 hours a day, 7 days a week, although it won't be in case of major events out of control for Wevod as well as during breakdowns or planned servers and network maintenance that are a service necessity. Access, subscription and usage of the Mailemotion service have to be done using a personal computer with Internet access, softwares and plugins available from the Internet on their editors Websites. After submitting the registration form, the User receives a confirmation request email that allows validating the reliability of its email address.

Any information collected by Wevod thanks to the Mailemotion service could be used on commercial purposes by Wevod and its commercial partners. As some of these commercial partners might not be situated in the European Union in countries that do not grant enough guarantees on privacy and private data rights, those partners agree to fit the european principles on personal data protections. Complying the terms of the french law "Informatique et Liberté" number 78-17 of January 6st 1978, the User is able to access to his personal data and to any kind of information related to him, to have them rectified or deleted as well as denying them to be transfered to any third party organization. In order to make such a request, please use the following address :

Wevod - 97 rue du Cherche Midi 75006 Paris, FRANCE.

6 ACCESS CONDITIONS

Wevod is allowed to suspend the service or part of the service for maintenance purposes, without needing to schedule and warn its Users about it. Wevod will not have to pay or grant anything to the Users for this inconvenience.
The User is granted a storage capacity for his videos which is of an unlimited size.
The maximum duration of a recording through the Webcam module is limited to 15 (fifteen) minutes.
The maximum size of an uploaded video is limited to 200 Mo.
However, Wevod is granted the right, for technical reasons, to modify the maximum allowed amount of storage for a User as long as this User has been warned by email, and to modify the video maximum recording duration and uploading size without any warning necessity.
It is agreed by both parties that Wevod cannot be taken for responsible of the loss of videos or any kind of User's data.

7 USERS LIABILITIES

Subscribing to the Mailemotion's service means agreeing the following terms :
It is strictly forbidden to :
- defame, insult, abuse or threaten anyone ;
- disrespect one's property rights ;
- disrespect one's private life ;
- attempt to justify war crimes ;
- incite racial hatred ;
- practice child pornography ;
- use or communicate without permission on one's brand, name or logo ;
- to spread bad elements such as viruses, trojan horses, logical bombs or any other kind of destructive item ;
- to disturb the Mailemotion service ;
- to send files different than videos ;
- to violate the intellectual property rights of third parties (including video-clips, television shows, animated and unanimated short, medium and/or feature-length films and advertisements that you have not personally created or for which you have not obtained the necessary authorisations from third parties who hold the rights to them) ;

8 MODERATION

Wevod has the right to moderate or suppress any type of video message that would not comply with these Terms of Use. The files are being moderated after their publication in the case of Wevod receiving an abuse report from a User, this User being registered or not on Mailemotion.
Wevod cannot be taken for responsible for sending video messages of its impact but is able to moderate them afterwards.

9 WEVOD LIABILITIES

Our only obligations as host concern :
- the fight against certain content in accordance with the procedure described in the MODERATION section
- the retention of your connection data, which is moreover subject to an obligation of confidentiality and treated in compliance with the laws and regulations relating to personal data
- the removal of all clearly illegal content which has been effectively brought to our attention.

10 PROOF, RETENTION AND STORAGE

The computer registers stored on our systems in accordance with standard safety practices shall be considered proof of e-mails exchanged, registration forms sent, videos downloaded and comments posted. Registration forms are stored on reliable and durable media, as required by current law. It is agreed that in the event of a contradiction between our computer registers and any paper or electronic documents in your possession, our computer registers shall be authoritative.

11 MODIFICATIONS

Wevod has the right to modify these Terms of Use or any rules about the usage of the service. Each new version of the Mailemotion Terms Of Use is to be set online on the Mailemotion Website. The User has to come back and read them regularly.

The fact that the User continues to use the Mailemotion service after any modifications to the Terms of Use is worth his agreement to these modifications. Wevod has the right to stop definitely the Mailemotion service withouth any warning of any kind, without delays or any kind of counterpart.

12 INTELECTUAL PROPERTY RIGHTS

Wevod has no right on the User's content. The User remains the one and only owner of all the rights on his videos, data, and files that have been communicated to the Mailemotion service for the needs of the access and the usage of the service. he admits that his contributions have to be complients with this both Terms of Use and the European Union standards.

13 Assignment

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Wevod. without restriction.

Although, the User is granted the right, by informing Wevod's staff by email (service@mailemotion.com), to renounce to the service and ask for his personnal storage space and data to be removed.