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1.1. The Website
The website https://www.elocance.com and the application associated with it (hereinafter the "Website" and the “Application”) are published by the MIND THE TEA corporation.
MIND THE TEA is a French corporation with a registered capital of 71,630 Euros, registered in the Paris Companies Register under number 819 411 430, and whose registered headquarters are located at 8 rue Lemercier, 75017 Paris, and which is represented by its President, Alexis BOTAYA.
1.2. The Host (hereinafter "the host"): The OVH corporation, whose headquarters are located at 2 rue Kellermann, 59100 Roubaix, registered in the Lille Companies Register under number 424 761 419.
1.3. In accordance with the French Data Protection Act of 6 January 1978, MIND THE TEA has made the requisite declaration to the French Commission nationale de l’Informatique et des Libertés, under reference number 1979110.
1.4. MIND THE TEA is hereinafter referred to as “ELOCANCE” for the purposes of the present General Terms and Conditions of Sale and Use (hereinafter the “GTCSU”).
1.5. Description of The ELOCANCE Service
The Elocance Service is a service provided and marketed by MIND THE TEA which allows users to use the Application to listen to any written, published and publicly-accessible digital content in audio format without uploading the content itself, thanks to a technology relying on voice synthesis and artificial intelligence.
The Elocance Service presents all digital content already made public online and available for free. Because ELOCANCE is only a reading tool made available to Users, MIND THE TEA therefore plays no role as a publisher in the visibility of these articles or other online content. MIND THE TEA neither reproduces nor republishes content protected by copyright and neighboring rights.
ELOCANCE therefore contains source links to third-party websites in order to enable the User to constitute his/her own personal ELOCANCE library (made up of links to the source websites) and to listen to personal content, or to any other content disclosed and freely communicated to the public that may interest said User, in audio format. In order to enable audio reading of online content located on third-party websites, the User must choose to enable said content by adding that reference to his/her personal ELOCANCE library.
By creating links towards said websites, ELOCANCE neither creates affiliation with these third-party websites, nor does it sponsor them. In addition, adding such links to ELOCANCE’s website shall in no case constitute an approval, a guarantee or a recommendation of these third-party websites.
MIND THE TEA shall not be held liable for any malfunction of hypertext links that send users to other websites, neither in terms of their content, their advertising, the products, services, and/or any other material available on and from said third-party websites.
1.6. In order to create an account on the Website and/or the Application and to access the ELOCANCE Service, each user (hereinafter “THE SUBSCRIBER”) must first create a personal account and, upon registering for an account, agree to and accept the present Terms of Sale and Service without reservation.
Pursuant to Article L.441-6 of the French Commercial Code, the present General Terms and Conditions of Sale and Use (hereinafter the GTCSU) shall constitute the sole basis of all commercial negotiations between the parties.
These general terms and conditions express the integrality of the parties’ obligations. The user is therefore deemed to have accepted them unreservedly.
ELOCANCE and the User agree that these general terms and conditions shall exclusively govern their relationship. ELOCANCE reserves the right to periodically modify its general terms and conditions. Any modifications shall be enforceable as soon as they are published online.
The User states that s/he has read these general terms and conditions and that s/he has accepted them prior to using the ELOCANCE website and service. In this respect, these terms are enforceable against the User pursuant to the terms of Article 1119 of the French Civil Code. Continuing to navigate this website shall constitute acceptance without reservation of the following terms and conditions of use.
The User agrees that s/he was informed of these general terms and conditions of sale and use, as well as of all information listed in Article L. 221-5 of the French Consumer Code, in a legible and understandable manner prior to subscribing to the ELOCANCE Service.
Any document other than the present GTCSU (i.e., catalogues, prospectuses, advertisements, notifications, etc.) is purely informative in nature, is non contractual, and may therefore be revised at any time by MIND THE TEA.
Should one or more of the stipulations of the present GTCSU be determined invalid or unenforceable, or so be declared pursuant to a law, regulation or final and non-appealable decision of a competent court of law, the enforceability or scope of any other stipulation of this agreement shall not be affected.
Until replaced by a new version, the version of the GTCSU currently published online is the only version enforceable for the entire period the Website is used.
MIND THE TEA reserves the right to modify these general terms and conditions of sale and use at its sole discretion. MIND THE TEA shall inform each Subscriber by email at the email address provided by the Subscriber on his/her account of any modifications to the present GTCSU at least 15 (fifteen) days before such modifications take effect.
In the event that the Subscriber does not accept these modifications, s/he shall be free to terminate his/her subscription within his/her account on the Website as indicated in Article 5.3, and this termination shall become effective on the date of the next monthly subscription renewal. In the absence of such termination, the new general terms and conditions of sale and use shall consequently be enforceable as of the date of the next monthly subscription renewal following the entry into force of the new terms of service and sale.
3.1. Legal Conditions
Accessing the various services on the Website and the Application is strictly subject to the Subscriber’s unreserved acceptance of and compliance with these GTCSU.
The Subscriber declares that s/he has the legal capacity to accept these general terms and conditions of sale and use, meaning that s/he is of age and is not subject to court-ordered guardianship or trusteeship or, if the Subscriber is a minor, s/he possesses parental authorization allowing him/her to subscribe.
The Subscriber declares that s/he is a resident of France and possesses a bank card issued in France by a French banking establishment.
Accessing and using the website are restricted for strictly personal use. Using the Website and the Application is only authorized within a family setting, and therefore any use outside of that framework, particularly for the provision of sound to public places, is expressly prohibited.
3.2. Technical Conditions
It is possible to access the Elocance Service on a personal computer via the Website and/or on a mobile device, via the Application.
Use of the Elocance Service requires a broadband internet connection. A broadband Internet connection is not supplied by MIND THE TEA, and it is therefore the Subscriber’s responsibility to subscribe to broadband Internet service prior to using the Elocance Service.
In order to subscribe to the Elocance Service, the User must:
Once the Subscriber’s account has been successfully created, MIND THE TEA will send the Subscriber a confirmation email to the e-mail address provided by the Subscriber during account creation.
Subject to the other stipulations of these GTCSU for the Elocance Service, subscription to the Elocance Service only becomes effective when MIND THE TEA sends the confirmation email referred to in the foregoing paragraph. MIND THE TEA recommends that the Subscriber save and/or print this confirmation email.
The Subscriber may modify the password provided from within his/her account in the Application by clicking on the “My Account” page.
The Subscriber undertakes to provide true and sincere information concerning himself/herself.
The Subscriber undertakes to inform MIND THE TEA without delay of any modification of the information provided upon account creation, and in particular of any change of email address or means of payment. The Subscriber may modify this information from within his/her account on the Application by clicking on the “My Account” page.
The Subscriber must immediately inform MIND THE TEA of any loss or unauthorized use of his/her account or of his/her username and password. Usernames and passwords are personal, and the Subscriber agrees not to disclose them. Consequently, the Subscriber is solely responsible for their use.
The Subscriber is solely responsible for the consequences of using his/her account, and remains responsible for said use until said account has been deactivated, and, therefore, the Subscriber releases MIND THE TEA and its partners, contractual partners, or beneficiaries from any liability resulting therefrom, unless the Subscriber is able to prove that use of his/her username and/or password and/or account is the result of fraud that can be attributed to a third party.
5.1. No Right of Withdrawal
In accordance with the provisions of Article L. 120-20-2 1° of the French Consumer Code, the Subscriber expressly acknowledges and accepts (i) that provision of the Elocance Service begins as soon as the Subscriber’s account for the Elocance Service has been confirmed, and therefore before the end of the fourteen clear days provided for by the Consumer Code and (ii) accordingly acknowledges and accepts that s/he cannot benefit from the right of withdrawal provided for in cases of online or distance sales. Consequently, no request for withdrawal, cancellation or refund will be admissible for the period subscribed.
MIND THE TEA offers the Subscriber a choice of two types of subscription of indefinite duration, renewable either monthly or annually (see Article 6.1 herein), which may be cancelled at any time by the Subscriber, pursuant to the stipulations contained in Article 5.3 herein.
It is also possible that trial or discovery offers for the Elocance Service of variable duration be proposed on the Website, either temporarily or not. Unless otherwise indicated, these trial or discovery offers shall be subject to these GCTSU and shall be limited to one single account creation (from the same IP [Internet Protocol] address and/or same e-mail address), and this shall apply to any and all trial or discovery offers.
5.3. Suspension and Termination
In order to suspend or terminate his/her Subscription, the Subscriber must log in to his/her Google Play Store, iTunes Store, or App Store account from his/her computer or Android or Apple device Settings App on his/her mobile phone or tablet, go to the ELOCANCE Application icon, and select the “Suspend Subscription” or “Cancel Subscription” function.
Termination shall be effective at the end of the current subscription period paid for by the subscriber.
Termination shall not entail any refund of the price of subscription to the Elocance Service. All monies paid for the subscription are final sale and are the definitive property of MIND THE TEA.
6.1. Price and Free Trial Period
The price of subscription to the Elocance Service is provided on the Website in Euros inclusive of all taxes.
MIND THE TEA offers two types of subscription:
The prices shown are estimates based on current exchange rates. The exact amount billed will vary based on the exchange rate in effect at the time payment is processed. The prices shown include taxes but not applicable fees, which will be added on to the cost of all services purchased. In order to determine the exact base price, the Subscriber must refer to the price given in Euros.
The Subscriber shall benefit from a free trial period of 14 days.
At the end of the free trial period, the subscription shall be billed via the Subscriber’s iTunes or Google Play account.
This subscription will be automatically renewed unless the Subscriber terminates subscription at least 24 hours prior to the end of the current period, including if this period is the free trial period.
The Subscriber may manage his/her subscription settings from the “My Account” page.
MIND THE TEA reserves the right to modify the price of each purchasing or subscription package. MIND THE TEA shall inform each Subscriber by email at the address provided by the Subscriber upon creating an account for use of the Elocance Service (or the new email address subsequently provided on Subscriber’s account) of any price increase at least 15 (fifteen) days before said increase becomes effective.
Any Subscriber not accepting this price increase may terminate his/her subscription from his/her account on the Website as indicated in Article 5 above, said termination shall take effect on the next monthly subscription renewal date. Should the Subscriber not terminate, the new pricing shall be applicable as of the next monthly subscription renewal date following the date the new pricing becomes effective.
Any increase in VAT (Value Added Tax) will be automatically and immediately applied to the price of the Elocance Service. The same will apply in the event of the creation of any new tax based on the price of the Elocance Service, and which MIND THE TEA would be liable for. The foregoing conditions of termination provided for in the event of a change in price of the subscription packages shall apply under the same conditions in the event of a change in price due to an increase in tax or the creation of new taxes.
Subscribers are reminded that connection and communication costs (Internet) related to the use of the Elocance Service shall not be borne by MIND THE TEA and they remain the sole responsibility of the Subscriber.
Methods of payment for the purchase or subscription price provided on the ELOCANCE Application are chosen by the Subscriber and entered via Subscriber’s Google Play Store or iTunes Store / App Store account.
In particular, the Subscriber may pay for his/her subscription by Visa or MasterCard bank cards issued in France by a French banking establishment, and via trusted third-party payments systems.
At the end of a trial period, which may be free, subscriptions must be paid monthly or annually in advance.
The first monthly payment or annual payment (according to the choice made by the Subscriber), will be made upon account creation by the Subscriber and payments shall continue to be made by automatic debit until the subscription is effectively terminated, in accordance with the terms of Article 5.3 supra, whether such termination be initiated by the Subscriber or by MIND THE TEA.
Bank information shall be processed and possibly retained, with the Subscriber’s authorization, by the secure websites via which Subscriber accesses the ELOCANCE Application (Google Play / Apple Pay), in accordance with these secure websites’ terms and information regarding security and confidentiality of their services. No bank information shall be processed directly by the MIND THE TEA website.
The Subscriber must consult the general terms and conditions of service of the provider it uses to access the ELOCANCE Application (Google Play / Apple Pay, etc.) and shall indemnify and hold harmless MIND THE TEA for any claims relating thereto.
The guarantees granted by MIND THE TEA regarding transaction security are identical to those that MIND THE TEA has received from the publishers of the payment systems being used.
In the absence of any proof to the contrary provided by the Subscriber, the computerized records stored in MIND THE TEA and its partners’ computer systems shall be considered proof of all communication, orders, validations and payments that have occurred between the Subscriber and MIND THE TEA.
This information will prevail unless the Subscriber provides written proof to the contrary. These data are stored on a trustworthy and durable medium so as to be an identical, full and durable copy in accordance with Article 1379 of the French Civil Code.
However, MIND THE TEA reserves the right to make any modifications and improvements it chooses to its system technology. MIND THE TEA agrees that such changes will not result in price increases, decrease in quality, or substantial modifications to the functionalities provided by the Elocance Service.
Furthermore, MIND THE TEA reserves the right, without notice or compensation, to temporarily suspend, interrupt or limit access to the Elocance Service in order to perform maintenance operations related to system technology or which are required in order for the ongoing provision of the Elocance Service.
In order to ensure proper Website management, MIND THE TEA may also at any time delete any information which might disrupt the functioning of the Elocance Service, or which is contrary to national or international laws.
In this respect, MIND THE TEA reserves the right to delete or deactivate display of and access to any public content that would infringe the intellectual property or property rights of any person, corporation or other entity.
The Subscriber releases MIND THE TEA from any liability with regard to the foregoing and waives any claim and/or suit against MIND THE TEA arising from the foregoing.
As far as possible, all service interruptions will be published on the Website at least 24 (twenty-four) hours before they occur, except when such interruptions are emergencies. MIND THE TEA also reserves the right to definitively cease providing the Elocance Service and shall owe no compensation or indemnification as a result of the exercise of this right.
Definitive cessation of the Service shall be notified via the Website at least 1 (one) month before it occurs, and the Subscriber shall not be liable for making any payment as of the date of cessation of the Service.
MIND THE TEA shall, within the aforementioned limits, make best efforts to ensure availability of the ELOCANCE Application.
Subscribers are asked to give notice of malfunction they may experience via email at the following address: support[at]elocance.com. MIND THE TEA shall expeditiously correct any malfunctions.
MIND THE TEA shall make best efforts to ensure that ELOCANCE remains functional by providing updates, improvements, and changes.
The Subscriber shall accept any updates to ELOCANCE.
The Subscriber acknowledges that s/he is informed of the constraints and limits of Internet networks.
MIND THE TEA’s shall not be held liable in the event of failure, breakdown, difficulty or interruption of operation, which prevents access to the website or to any of its functionalities.
MIND THE TEA can therefore in no way be held liable for malfunctions in accessing the Elocance Service, for the speed of opening and viewing pages of the services, for the speeds of listening to phonographic recordings, for the temporary or definitive inaccessibility of the Elocance Service, or for third-party fraudulent use of information available on the Website.
The Subscriber declares that s/he accepts the risks and limits inherent to the Internet, even via a secure connection, such as the one provided as part of the ELOCANCE Application; that the technical reliability of transmitting of data via the Internet is only relative; that data sent through the Internet are not protected against possible theft or fraud; and that therefore the Subscriber provides passwords, secret codes, and more generally, any personal information, through the ELOCANCE Application at his/her own risk.
MIND THE TEA shall not be held liable except in the event it is found to have breached its contractual obligations. MIND THE TEA shall not be held liable except if fault or negligence is proven, and its liability shall be limited to direct losses; MIND THE TEA shall not be held liable for indirect losses resulting from the use or the unavailability of ELOCANCE, nor from any loss or degradation of data that MIND THE TEA is not responsible for, nor from the consequences of third party claims of any nature whatsoever against the Subscriber, and especially any such claims as concern the Content that said Subscriber has saved in his/her library and/or shared via Playlists with his/her friends or contacts who are also Members.
The total global amount of any damages owed to the Subscriber for any claims or damages for which MIND THE TEA has been found liable shall not exceed the amount paid by the Subscriber for his/her Subscription over the course of the twelve (12) months immediately prior to the date notice was given of the claim, in the event that MIND THE TEA is found to have committed a breach of its obligations. The Subscriber waives any recourse beyond this limitation, both in nature and as to the amount thereof. Finally, should the Subscriber fail to make a contractual claim against MIND THE TEA within 3 (three) months following the occurrence of any breach, the Subscriber shall be deemed to have waived the right to bring any claim or suit in relation to said breach.
Consequently, the Subscriber is responsible for protecting his/her computer or other equipment against intrusion of any form and/or contamination by viruses. MIND THE TEA cannot be held liable for any malfunction or damage to the Subscriber’s equipment.
In no case will MIND THE TEA be held liable in the event that the service it provides turns out to be incompatible with any of the Subscriber’s information technology equipment and/or functionalities.
More generally, MIND THE TEA assumes no liability whatsoever if a breach of any obligation was the result of a case of unforeseeable circumstances or force majeure. According to Article 1218 of the French Civil Code, force majeure is defined as an uncontrollable, unforeseeable, inevitable event that is independent of MIND THE TEA’s will. This includes, but is not limited to, disasters, fires, internal or external strikes, internal or external systems failures or breakdowns (i.e., the web host’s).
The Subscriber is solely responsible for his/her use of the Elocance Service and its Options:
To that effect, the Subscriber is informed that s/he is asked to limit the Share Playlist Option to a limited number of people with whom s/he is acquainted, and namely to those persons constituting its Family Circle as defined by Article L.122-5 of the French Code of Intellectual Property and Jurisprudence.
9.1. MIND THE TEA undertakes to comply with current legislation relating to privacy protection with regard to the automatic processing of personal data. The Website has been declared to the French Commission nationale de l’Informatique et des Libertés (CNIL) under reference number 1979110.
Information and data collected about the Subscriber are subject to computer processing and are compulsory because they are required for the management of the Subscriber’s subscription. Said information and data shall be retained for the term of Subscriber’s subscription and for three (3) years following termination for any reason whatsoever thereof. Said information and data may, for this purpose, be provided to the companies responsible for the management, execution and processing of payment transactions. Said information and data are also kept for security purposes, in order to comply with the legal and regulatory obligations to which MIND THE TEA is subject. Said data are processed and stored by the host of the Website, identified in Article 1 supra.
Pursuant to the French Data Protection Act no. 78-17 of 6 January 1978, the Subscriber has the right to permanent access, modification, rectification and opposition to the data concerning him/her. If s/he wishes to exercise this right and to obtain communication of information concerning him/her, the Subscriber may contact MIND THE TEA using the means set forth in Article 9.6 infra.
The Subscriber is informed that data concerning him may be disclosed in application of a law, a regulation, or by virtue of a ruling by a competent regulatory authority or court of law, or, if such disclosure is required of MIND THE TEA as part of legal proceedings.
If the Subscriber has consented, collected data may also be used as part of the handling of our commercial relations in order to create statistics that will be provided to the Publishers and also in order to allow MIND THE TEA to improve and personalize the services it offers the Subscriber and the information it sends the Subscriber.
9.2. Collection of Personal Data
This Charter is available at the following URL address https://www.elocance.com/fr/privacy and is an integral part of the present GTCSU.
The personal data collected on this website (or “Platform”) are as follows:
9.3. Use of Personal Data
Personal data collected from Users are used to make the Elocance Service available, to improve it, and to maintain a secure environment. More specifically, such data is used in the following ways:
9.4. Sharing of Personal Data
Personal data may be shared with third-party companies in the following cases:
9.5. Security and Confidentiality
MIND THE TEA takes organizational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and MIND THE TEA cannot guarantee the security of transmission or storage of information on the Internet.
9.6. Exercising Users’ Rights
Pursuant to the regulations applicable to personal data, Users have the following rights:
In order to exercise these rights, the User must contact MIND THE TEA by writing to the following email address: [email protected] In this case, MIND THE TEA can request proof of the User’s identity in order to verify accuracy before carrying out the user’s request.
9.7. MIND THE TEA reserves the right to make modifications of any nature to the present clause relating to personal data protection at any time. If the present personal data protection clause is modified, MIND THE TEA undertakes to publish the new version on its website. MIND THE TEA will also inform users of said modification by email, at least 15 days before these modifications take effect.
The Website may automatically collect standard information. Indirectly collected information will only be used to track the volume, the type, and the configuration of traffic accessing the Site, in order to develop its design and layout and for other administrative and planning purposes, and more generally for the improvement of the Elocance Service.
In order to do this, MIND THE TEA will place a cookie on the user’s computer. A cookie does not identify users personally. But, it does record information regarding the User’s computer’s browsing activity on the Website (the pages that the User visited, the date and time of the visit, etc.) that MIND THE TEA can read during your subsequent visits. This will allow MIND THE TEA to facilitate the User’s browsing of the website and will ensure the User does not have to supply information already provided at an earlier time with each subsequent visit. Any cookies that MIND THE TEA places on computers expire in less than 6 (six) months.
The User may configure his/her browser software in order to be informed of whether cookies are present and allows him/her to refuse storage of cookies.
The Elocance Service allows the User to upload content, documents, correspondence including personal email messages (pdf, word, emails) to their personal ELOCANCE library in order to allow the User to listen to a voice reading of said content and to share them via the Share Playlist Option with other ELOCANCE Users who are friends/contacts and also Members of the Application.
The User is solely responsible for said Content and represents and warrants that s/he is authorized by the rightsholders, owners and/or authors of said content to use them and to read them. The User, as editor and sole manager of his/her personal library, shall indemnify and hold harmless MIND THE TEA for any claims arising therefrom.
The User is informed and agrees that by Subscribing to the Elocance Service and by uploading his personal content to his personal ELOCANCE library within the ELOCANCE Application, s/he authorizes MIND THE TEA to store said Content for the sole personal use of the User/owner of said content.
The Elocance Service also allows the User to delete his/her Content.
At the expiry of a term of 30 (thirty) days as of the User’s deletion of his/her personal Content, MIND THE TEA will permanently delete them from its servers, provided that within that term, the User did not add said content back to his/her personal library.
Consequently, the User is informed that in order to optimize the Elocance Service, MIND THE TEA will store said contents in voice synthesis transcription for a period of 30 (thirty) days and will definitively delete them at the end of that period, provided that during this period, the User did not add said content back into his/her personal library.
The general structure of the Website, of the Elocance Service, and of all elements comprising it (such as, in particular, logos, domain names, phonographic or video recordings, and all associated materials, including photographs, images, text, biographies of the authors, performers and/or any other rightsholder of the phonographic or video recordings as well as the visual presentation thereof) are the exclusive property of MIND THE TEA and/or its licensors (in particular, phonographic and/or video producers (“record labels”, copyright management company (etc.) and/or press or web publishers whose content, having been already-published and freely-available online, is referenced via sourced hypertext links.
These ELOCANCE elements are protected by laws relating to intellectual property, inter alia, and particularly by copyright. The user may not use these elements except in the context of using the Elocance Service, in accordance with the provisions of these general terms and conditions of sale and use.
Concerning third-party Content simply referenced by the ELOCANCE Service using a short citation and sometimes an analysis, the User is informed that said Content is the property of the third-party Publishers to whose websites the User may be directed from within the ELOCANCE application, and that said Content is protected bylaws relating to intellectual property, inter alia, and in particular by copyright. The User may only use these elements pursuant to copyright law and copyright exceptions, and in accordance with the provisions of those third party Publishers’ general terms and conditions of use.
Any total or partial representation of the Website, of the Elocance Service, and/or of MIND THE TEA elements comprising them (as described above) by any process whatsoever, without the express authorization of MIND THE TEA is therefore prohibited and would constitute illegal copyright infringement pursuant to Articles L. 335-2 and following of the French Intellectual Property Code.
Any hypertext link referring to the Website using “framing” technology (a programming technique which makes it possible to divide the screen of a web browser into several autonomous frames in order to display the content of an external website) or “in-line linking” technology (procedure for causing a single element taken from another website to appear on a website, which saves space on the hard drive of the machine where the site is hosted and which has the effect of concealing from uninformed Subscribers the original environment to which said element belongs) is strictly prohibited.
ELOCANCE files used by the Elocance Service are digital files protected by national and international laws on copyright and related rights. Therefore, and in accordance with the provisions of the French Intellectual Property Code, only listening to them in an exclusively private setting is authorized. Use of them for non-private purposes exposes the Subscriber to civil and/or criminal proceedings. Any other use of these digital files is strictly prohibited: in particular, any downloading or attempt to download or any transfer or attempt to transfer said files permanently or temporarily on the hard drive of a computer or other peripheral (including digital music players and other portable digital audio players), and any burning or attempt to burn them onto a CD or any other medium, are strictly prohibited.
The Subscriber expressly acknowledges that the audio playback tool made available to him/her for listening to digital files as part of the Elocance Service, and the transcription file, are protected by technological protection measures that MIND THE TEA has chosen in order to prevent or limit, to the extent possible given current technical limitations and available technologies, use of the recordings in ways not in accordance with these general terms and conditions of sale and use.
The Subscriber undertakes not to employ any procedure or technology that would make it possible to defeat the aforementioned technological protection measures so as to download the digital files and enable them to be saved on the storage unit of any receiving device (PC, mobile telephone, digital music player and other portable digital audio players, etc.).
The Subscriber expressly acknowledges and accepts that knowingly undermining any technological protection measure shall make him/her liable to the penalties provided by Article L. 335-4-1 of the French Intellectual Property Code.
MIND THE TEA reserves the right to permanently block any User who has attempted to circumvent the technological protection measures put in place in order to prevent downloading of the digital files, from accessing the Website.
The semi-figurative ELOCANCE wordmark and all other derivatives, graphics, logos, headers, buttons, icons, scripts and labels included in the Elocance Service or made available thereby, are trademarked in the European Union and in other countries. ELOCANCE brands, visuals, and other distinctive signs, may not be used in relation with products or services that do not belong to MIND THE TEA, nor in any way that might engender confusion in the mind of the average consumer, nor in any way that might discredit or disparage ELOCANCE and MIND THE TEA.
Any other brand that does not belong to MIND THE TEA that appears on the Elocance Service is the property of its owner, who might or might not be affiliated with, linked to, or sponsored by ELOCANCE.
One or more patents owned by MIND THE TEA are relevant to the Elocance Service and in the functions and services that may be accessed on the Elocance Website or Application.
This Agreement may be suspended and access to the ELOCANCE Application temporarily interrupted by MIND THE TEA in the following cases:
Furthermore, without prejudice to any damages and interest that MIND THE TEA may claim, MIND THE TEA reserves the right to suspend any Subscriber’s access to the Elocance Service and/or terminate, as of right, without notice or compensation, said Subscriber’s subscription to the Elocance Service in the event said Subscriber fails to comply with these terms and conditions of sale and use, and in particular for:
Suspension of access to the ELOCANCE Application releases MIND THE TEA from its obligation to provide access to the tools. Any periods of suspension shall be deemed to be periods of normal operation.
Once a subscription expires or is terminated, unlimited access to the ELOCANCE Services, Subscriber’s Content (owned by the Subscriber or third-party content freely and publicly available on the Internet and saved in Subscriber’s library) and Playlists of Subscriber’s Member friends/contacts, via the Application, shall no longer be authorized.
In turn, the Subscriber may terminate his/her package or subscription without being obligated to provide MIND THE TEA either notice or indemnity should MIND THE TEA fail to uphold its main obligations as set forth in these general terms and conditions, or for legitimate cause, such as, in particular, theft of PC, technical incompatibility between the Elocance Service and the Subscriber’s equipment, etc.
Users may contact MIND THE TEA to request information or to ask a question about the Elocance Service via the Website by clicking on “Contact Us” or by sending us a letter at the following address: MIND THE TEA – Customer Service – 8 rue Lemercier, 75017 Paris, France.
Encrypted computerized records stored in MIND THE TEA’s computer systems and in those of its approved web host shall be considered proof of the exchanges between The Subscriber / Users and MIND THE TEA.
The Subscriber acknowledges and accepts that after logging in, any show of intent via its use of the functions of the ELOCANCE Application, and particularly its acceptance of the GTCSU, are constitutive of its electronic signature pursuant to the provisions of Articles 1366 ff. of the French Civil Code, deriving from Executive Order (Ordonnance) n° 2016-131 of 10 February 2016.
The Subscriber acknowledges and accepts that the admissibility, validity, or probative force of materials in the aforementioned format or electronic records, may not be challenged on the basis of any statutory provision whatsoever pursuant to which certain documents must be written or signed in order to be probative.
These GTCSU are governed by the laws of France.
These GTCSU are written in the French language. In the event they are translated into one or several foreign languages, only the French text shall prevail in the event of a dispute.
In the event of a dispute related to the enforcement and/or the interpretation of these general terms and conditions of sale and use, clients have the option of having recourse to a conventional mediation procedure or to any other alternative dispute resolution procedure. In accordance with the French Ordinance n°2015-1033 of 20th August 2015 and the Implementing Decree n°2015-1382 of 20th October 2015, any dispute or litigation considered to be consumer in nature, subject to the provisions of Article L612-2 of the French Consumer Code, may be settled by mediation by the CMAP (Centre de Médiation et d’Arbitrage de Paris). To submit a dispute to the mediator, clients may (i) complete the form on the CMAP’s website: www.cmap.fr, tab “you are: a consumer”, (ii) send a request for mediation by regular or registered letter to: CMAP Médiation Consommation, 39 avenue Franklin D. Roosevelt, 75008 PARIS, or (iii) send an email to [email protected]
Whatever means a client chooses to refer a dispute to the CMAP, the client’s request must contain the following information to allow his/her request to be processed quickly: the client’s postal address, email address, telephone number, and the full name and address of MIND THE TEA / ELOCANCE, a brief statement of the facts, and proof of all measures previously taken to resolve the dispute with MIND THE TEA / ELOCANCE. Notwithstanding the foregoing, in the event of a dispute, and pursuant to French Regulation n° 1215/2012 of 12th December 2012, clients may bring the dispute before the courts of their place of residence, or the French courts, whereas MIND THE TEA / ELOCANCE may bring the dispute before the courts of the client’s place of residence.