LEGAL NOTICE FOR THE MOBILE APPLICATION
The Application is
produced by the Company STRAMATEL, SAS (a French Simplified
Joint-Stock Company) with a capital of â‚350 000€ whose
registered office is located at ZI Bel Air 44850 LE CELLIER,
registered in the French Register of Trade and Companies in Nantes
under number 340 214 444.
The Application is hosted by Google (Play Store).
GENERAL TERMS AND CONDITIONS OF USE FOR THE MOBILE APPLICATION
The purpose of these
General Terms and Conditions of Use (subsequently referred to as
« GCU ») is to establish the rules for using the mobile
application (subsequently referred to as the « Application »)
produced by the Company STRAMATEL.
The downloading and use of the application implies the unconditional acceptance of these CGU by the user. The Company STRAMATEL reserves the right to modify these CGU at any moment by publishing a new version available for consultation.
ARTICLE 1. PURPOSE OF THE APPLICATION
enables the user to the application makes it possible to film and
broadcast a sporting event with its results linked to its STRAMATEL
control console information like teams points.
STRAMATEL reserves the right to change the list and content of the Application functionalities at any time without prior notice.
ARTICLE 2. ACCESS TO THE FONCTIONALITIES OF THE APPLICATION
To access the Application functionalities, the user must:
- Have a mobile device with Android (version compatible displayed on Google Play store);
- Have an Internet access;
- Download the Application from Google Play Store download platform;
- Optionnal : create a personal account on facebook to access to facebook broadcasting functions.
ARTICLE 3. AVAILABILITY OF THE APPLICATION
The Application is accessible 24/7, except in cases of force majeure, breakdown and maintenance operations. Maintenance operations may be carried out any time without prior notice.
ARTICLE 4. USE OF THE APPLICATION
The user undertakes:
- To use the Application for private and not commercial purposes;
- Not to sell, lease or market all or part of the Application in any way;
- To use the Application for its intended purpose;
- Not to infringe the intellectual property rights to the Application and its constituent elements;
- Not to use data that is unlawful or that infringes third party rights, STRAMATEL reserving the option to delete such data without prior notice with no right of the user to claim payment of compensation of any kind;
- Not to commit any act compromising the security and confidentiality of data processed by the Application.
ARTICLE 5. GENERAL TERMS AND CONDITIONS OF USE FOR THE LIVESTREAMING
Google Play are not sponsor and are not involved in the challenges proposed by this application in any way.
The livestreaming module developed in the « Smartphone » application enabling anyone to share sport events live (matches) with integrated results.
ARTICLE 5.1 SERVICES PROPOSED BY LIVESTREAMING
ARTICLE 5.1.1 Description of the services
The Stramatel Livestreaming application enables Users :
- to film and broadcast events on a RTMP server or facebook service
- to automaticaly integrate results from the control console
ARTICLE 5.1.2 Availability of Services
STRAMATEL cannot guarantee the continuity of broadcasting because the rtmp server and facebook server are not managed by STRAMATEL.
STRAMATEL cannot be held liable for the interruption of the Services.
STRAMATEL also reserves the right, without any notice being necessary, to interrupt the Services for good.
ARTICLE 5.1.3 Use of the Services
In order to use the Stramatel Livestreaming services User must either :
- log in through his Facebook account. Users duly acknowledge this and agree to Stramatel Livestreaming having access to their Facebook profile pages and to it being seen by the other Users.
- Have access to an RTMP server URL
The Facebook account login name and password chosen by the User are strictly personal and confidential and must not be communicated or shared by the User with third parties. The User is responsible for the use of his identifiers by third parties or for actions or declarations made through the intermediary of his personal User account, whether they be fraudulent or not and guarantees the Company STRAMATEL against any claim in this respect. The User duly acknowledges that the Company STRAMATEL has no obligation and does not dispose of the technical means to ensure the identity of the people joining and/or using its Services. If the User has reason to think that a third party is using his identifiers or his account, he must immediately inform Facebook.
ARTICLE 5.1.4 Services are free of charge
The downloading and
the use of the Stramatel Livestreaming application by Users are not
invoiced. Nonetheless STRAMATEL reserves the right, eventually, to
make its downloading and/or use payable.
It is specified that the equipment (mobile phone, software, means of telecommunication, livestreamingBox and control console …) enabling access to the Services are to be paid for exclusively by the User, as are the communication charges related to the downloading of the application and its use.
ARTICLE 5.2 THE USER’S OBLIGATIONS
The User certifies:
- that he is has the rights to film and diffuse the event
- that the application will not be used for an other streaming goal or other domain than the sport events
ARTICLE 5.3 LIMITS OF STRAMATEL’S LIABILITY
The aim of the Stramatel Livestreaming application is to film and integrate match result before streaming live in dedicated plateform.
ARTICLE 5.4 INTELLECTUAL PROPERTY
Stramatel Livestreaming application is a creative work protected by current French and international legislation concerning copyright and intellectual, literary and artistic property and the other similar rights. All the elements making up Stramatel Livestreaming such as namely, but not exclusively, trademarks, models, logos, pictures, texts, sound and other documents, are protected by intellectual property rights and are the sole and exclusive property of the company STRAMATEL. They cannot be reproduced, used or represented without the express authorization of the company STRAMATEL and/or its partners, failing which such use shall be subject to legal proceedings.
Likewise, all the trademarks which are listed under Stramatel Livestreaming are trademarks protected by registration in the name of their respective holders. Thus any circulation, copy, duplication, modification, transfer, representation or reproduction, either in full or partial, of the Stramatel Livestreaming application or of any one of the elements making it up, in any way or for any purpose whatsoever, is expressly forbidden, as is their alteration. The non-respect of this interdiction could constitute an infringement of copyright for which its author is liable.
The rights of use
conceded to the Users by the company STRAMATEL are reserved for
private and personal use in the framework and for the length of time
covered by the registration for the said Services. Any other use by
the Users is forbidden without the authorization of the company
The User expressly agrees not to modify, copy, reproduce, download, circulate, transmit, use commercially and/or distribute in any manner whatsoever the Services, trademarks, Stramatel Livestreaming application and web site pages, or the computer codes of the elements making up the Stramatel Livestreaming Services and application.
ARTICLE 6. INTELLECTUAL PROPERTY
STRAMATEL is the
holder or licensee of the intellectual property rights to the
Application and its constituent elements.
STRAMATEL grants the user a non-exclusive, non-transferable, global, revocable and free licence to use the Application.
The user is specifically prohibited from undertaking any copy, extraction, reproduction, adaptation, modification, translation, transcription, arrangement, compilation, decompilation, assembly, disassembly, transcoding, reverse engineering, export, use of source code or merging of all or part of the Application or its constituent elements without express permission from STRAMATEL beforehand.
This licence is granted for the protection period for intellectual property rights relating to the Application and its constituent elements provided for under French legislation.
ARTICLE 7. PERSONAL DATA
No personal data of a User (email, login) are stored or collected by STRAMATEL.
ARTICLE 8. FINANCIAL CONDITIONS
Downloading the Application and access to and use of its functionalities are free, apart from any account charges made by phone service providers and Internet connection charges.
All hardware equipment like « livestreamingbox » and « contrôle consol » should be bought at STRAMATEL company and are not free.
A lite version give you access to some functionnalities but to access to all available functionnalities you should by the pro version of the « livestreambox ».
ARTICLE 9. LIMITATION OF LIABILITY
STRAMATEL cannot be held liable for:
- Any violation of the GCU by the user;
- Any Internet network malfunction affecting the functioning of the Application. In this regard, the user hereby declares their awareness and acceptance of the features and limitations of the Internet, particularly the functional features and technical performance levels of the Internet, problems relating to Internet connection and access, problems relating to network availability and congestion, problems relating to network failure and saturation, problems relating to transit times, access to information posted on line, response times for displaying, viewing, accessing and otherwise transferring data, the risk of interruption, absence of protection for certain data against possible misuse and piracy and the risk of contamination by viruses on the network etc. ;
- Any malfunction or improper use of the device and any other user equipment ;
- Any data fault, loss, delay or transmission error beyond the control of STRAMATEL.
ARTICLE 10. CHANGES TO THE GCU
The GCU applicable
are those in force when the user logs onto and uses the
STRAMATEL reserves the right to change all or part of the GCU at any time without prior notice.
ARTICLE 11. CLAIM
The User can notify the company about any malfunction or failure by email at the following address firstname.lastname@example.org.
ARTICLE 12. LANGUAGE
Should there be any variation between the GCU in French and the GCU in English, the GCU in French shall take precedence.
ARTICLE 13. APPLICABLE LAW
These General Terms and Conditions are governed by French law.