The Platform and the Services are accessible:
By any natural person possessing the full legal capacity to enter into commitments regarding these general terms and conditions. A natural person who does not possess full legal capacity to do so may only access the Platform and the Services with the agreement of his or her legal representative. By any artificial person acting via a natural person possessing the legal capacity to enter into contractual commitments in the name of and on behalf of the party concerned.
Acceptance of the general terms and conditions
Acceptance of the general terms and conditions for the Corporate package
For the Corporate package, the approval of a Quotation, whether express or implicit, constitutes full and unconditional acceptance of the most recent version of the general terms and conditions in force on the date of the Quotation concerned. Any conditional acceptance will be considered null and void. Any Client who does not agree to be bound by the general terms and conditions must not order Services from Inside Advantage.
The Client’s obligations and liability
The Client agrees to comply with the following obligations, without prejudice to the other obligations detailed in this agreement:
The Client agrees to provide Inside Advantage with all documents, items, data and information required for the performance of the Services. More generally, the Client agrees to actively cooperate with Inside Advantage and with its dedicated staff to ensure the satisfactory performance of the Contract.
The Client bears sole liability for all content of any nature (editorial, graphics, audio, audio-visual or other) which he incorporates in the Videos (hereafter referred to as the “Content”).
He guarantees Inside Advantage that he possesses all rights and authorisations needed to circulate this Content. He undertakes that the said Content is legal, does not contravene public policy, common decency or the rights of third parties, does not infringe any legal or statutory provisions and more generally is not likely to result in Inside Advantage incurring civil or criminal liability.
The Client therefore agrees that he will not broadcast, circulate or include the following content types in any of the Videos (non-exhaustive list):
- Child pornography or any defamatory, insulting, racist, xenophobic or revisionist content,
- Content which constitutes a copyright infringement,
- Content which harms the image of a third party,
- Content which is dishonest, misleading or which proposes or promotes illegal, fraudulent or misleading activities,
And more generally, content likely to harm the rights of third parties or to be considered prejudicial to a third party in any way or form.
The Client guarantees and agrees to withdraw any Video at Inside Advantage’S request if the said Video has been reported by the owner of the media library as infringing the rights of a third party.
The Client bears sole liability for the documents, items, data, information and Content he supplies to Inside Advantage. He guarantees Inside Advantage that he is authorised to supply it with these documents, items, data, information and Content and that he possesses all rights and authorisations required for their use as part of the Services. He will also be considered solely liable for their accuracy, truthfulness and exhaustiveness, as Inside Advantage may under no circumstances be considered liable for any errors, omissions, misprints or misleading statements in the Videos resulting from a failure by the Client to observe the requirements of this clause.
The Client bears sole liability for the management of his accounts on the social networks and agrees to comply with the general terms and conditions of the said social networks on which he publishes the Videos.
Any Client wishing to retain his Videos beyond the Test Phase or beyond the end of his Subscription must take the necessary measures to back them up by downloading them before the end of the Test Phase or of the Subscription, as no copies of these Videos are retained by Inside Advantage thereafter.
The Client assumes sole liability for ensuring compliance with the laws and regulations applicable to his activities, including compliance with requirements to provide any legal information concerning them. Consequently, the Client may under no circumstances seek to have Inside Advantage considered liable, or to seek to have it guarantee the payment of any sums.
Inside Advantage’s obligations and liability
Inside Advantage agrees to comply with the following obligations, without prejudice to the other obligations mentioned in the Contract:
Inside Advantage agrees to provide the Services diligently and in accordance with established practices, with it being hereby specified that it is only subject to an obligation of due diligence to the exclusion of any absolute obligation, something which the Client expressly acknowledges and accepts.
Inside Advantage does not warrant to the Client that the Templates, the Screens, the proposed media libraries or the final versions of the Videos will satisfy his tastes, requirements and expectations.
Inside Advantage agrees to only use the documents, items, data, information and Content supplied to it by the Client for the performance of the Services. It guarantees the Client that these documents, items, data, information and Content will be safely stored for the Test Phase and the Services and agrees to destroy them at the end of the Test Phase or of the Contract.
Inside Advantage may not be considered liable for any decisions taken by the Client or by any third party appointed by him. Similarly, Inside Advantage may under no circumstances be considered liable for the content of the Videos, over which it exercises no control, verification or moderation of any form, even if it has agreed with the Client to place a Inside Advantage watermark on the Videos.
Inside Advantage agrees to regularly perform checks in order to verify the satisfactory operation and accessibility of its Website and Platforms. For this reason, Inside Advantage reserves the right to temporarily interrupt access to its Website and Platform for maintenance reasons. Similarly, Inside Advantage may not be considered liable if it proves temporarily difficult or impossible to access its Website and Platform due to circumstances outside its control, to force majeure or to issues with the telecommunications networks.
In all cases, any liability which Inside Advantage may incur as a result of this agreement is expressly limited to only the direct losses incurred by the Client and may not exceed the total price paid by the Client for the Services concerned.
Penalties for contractual failings
In the event of any failings vis-a-vis any provisions contained in these general terms and conditions, or more generally of any failure by the Client to abide by the applicable laws and regulations, Inside Advantage reserves the right to:
- (i) Suspend, delete or prevent access to the Platform and to the Services for the Client, whether the latter is the author of or a participant in the infraction,
- (ii) Delete any Video totally or partially related to the failings or infractions in question,)
- (iii) Take all appropriate measures and initiate any court action,
- (iv) Where applicable, inform the relevant authorities, cooperate with them and provide them with all information needed to identify and terminate any illegal or illicit activities.
The Client is hereby informed and accepts that the obligation to pay the Subscription price and the obligations mentioned in articles 10.2, 10.3 and 10.4 constitute essential obligations for Inside Advantage. Therefore, in addition to the consequences described above, any failure by the Client to observe these obligations may result in the immediate termination of the Test Phase or of the Subscription and the immediate cancellation of these general terms and conditions by Inside Advantage, by simple registered letter with acknowledgement of receipt addressed to the Client. This cancellation will take effect as of right on the date on which this letter is received or on the date it is first presented. The termination of the Test Phase/Subscription or the cancellation of these general terms and conditions will result in the closure of the Client’s Platform and the deletion of the Videos he has created.