Start date: 15 October 2019
The company PLAYPLAY (hereafter referred to as: "PLAYPLAY") proposes a video production service, intended in particular for social networks, based on editorial templates (hereafter referred to as the "Templates"), made available via a platform (hereafter referred to as the "Platform"), accessible on the website www.playplay.com (hereafter referred to as the "Website").
The services proposed on the Platform (hereafter referred to as the " Services") are available:
Via a SaaS package intended for private and business clients,
Via a Corporate package intended exclusively for business clients.
The purpose of these general terms of sale is to define the terms and conditions under which the Services will be supplied to the client (hereafter referred to as the "Client") and to define the parties’ related rights and obligations.
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 Saas package
Acceptance of these general terms and conditions is confirmed by means of a tick box when the Client first logs into the Platform. This acceptance may only be full and unconditional. Any conditional acceptance will be considered null and void. Any Client who does not agree to be bound by these general terms and conditions must not access the Platform or use the Services.
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 PLAYPLAY.
Ordering and accessing Services
Registration and access to the Platform
In order to use the Platform, the Client must register on the Website, completing the form provided for this purpose. The Client must supply all information shown as mandatory. No incomplete registrations will be approved. Registration automatically results in the opening of an Account on the Platform (hereafter referred to as the "Client Account") and the start of a trial period giving the Client the possibility to test the Platform for a period stated on the Website (hereafter referred to as the "Test Phase"). The Client agrees that all information provided by him in the registration form will be accurate, up-to-date, truthful and in no way misleading. He agrees to update this information in his Client Account in the event of any modifications, to ensure that the said information always meets the above-mentioned criteria. The Client is hereby informed and accepts that the information entered for the creation or updating of his Client Account constitutes proof of his identity. The Client becomes liable for the information he enters from the moment that this is confirmed.
The Client may access the Platform at any time after having logged in using his login details. The Client agrees to use the Services on a personal basis and not to allow any third party to use them in his place or on his behalf, failing which he will bear full liability for such use. Similarly, he is liable for guaranteeing the confidential nature of his username and password, with any access to the Platform using the latter being considered to have been performed by the Client. The Client must immediately inform PLAYPLAY using the contact details shown at the beginning of this agreement if he notices that his Platform has been used without his knowledge. He acknowledges that PLAYPLAY is entitled to take all appropriate measures in such cases.
The choice of packages
To subscribe to the packages and to continue using the Platform and the Services after the Test Phase, the Client must:
- When he opts for one of the Saas packages: enter his bank details;
- When he opts for the Corporate package: contact PLAYPLAY using the contact details shown on the Website. The Client must supply PLAYPLAY with all useful information and documents to enable it to identify his requirements and expectations. PLAYPLAY will then analyse the Client's requirements and issue one or several quotations on this basis (hereafter referred to as the "Quotation") stating the package best meeting the Client’s requirements and the specific Services supplied as part of the chosen package (particularly the media libraries included, etc.).
Unless stated otherwise, the Quotations issued by PLAYPLAY are valid for 30 (thirty) days as from their issue date. Unless approved by the Client within this period, they will become null and void. Any Client wishing to order Services must approve the corresponding Quotation within the above-mentioned period by any appropriate written means, including by e-mail. This approval may be followed when applicable by the issuing of a purchase order by the Client, although such a purchase order will have no impact on these general terms and conditions.
Once the Client has approved the Quotation, PLAYPLAY will send him an e-mail containing his login details and a link enabling him to log into the Platform.
It is the Client’s responsibility to select the users having access to the Platform (hereafter referred to as the "Users"), subject to the maximum number of users provided for in the package or in the Quotation.
The Client may submit a request to create a user account attached to the Client Account (hereafter referred to as the "User Accounts"):
(i) Either by sending PLAYPLAY a list of Users for whom an account must be opened,
(ii) Or by inviting the said users into the Client Account by entering their details.
Upon receipt of the request to open each User Account, PLAYPLAY will acknowledge receipt of this to the Client by any appropriate written means including by e-mail, and will request confirmation of the corresponding User's identity. The Client agrees to reply by any appropriate written means including by e-mail within a maximum period of 30 days from this request. Should no reply be received within this period, the request to open the User Account will be considered as refused.
Upon receipt of the confirmation by the Client, PLAYPLAY approves the opening of the User Account and sends each User and the Client the login details assigned to the said User, by any appropriate written means including by e-mail, in addition to a link to log in to the Platform to create his password.
The Client assumes full liability for ensuring that the Users keep their usernames and/or passwords strictly private and confidential.
He agrees to ensure that the said Users do not enable any third party to use them in their place or on their behalf, failing which he will bear full liability for such use. He expressly acknowledges that any use of the Platform using these login details will be considered to have been performed by the Users concerned.
The Client agrees to contact PLAYPLAY immediately by any appropriate written means including by e-mail if it is found that a User Account has been used without the knowledge of the User concerned.
When the User Accounts have been opened, the Users will have access to an area enabling them to manage their use of the Platform and the Services.
Description of the Services
Depending on the chosen package, the Client will have access to some or all of the Services described on the website, including among others:
- "Off-the-shelf" Templates already created by PLAYPLAY, certain aspects of which can be customised by the Clients (including the logo, the colour, the font and the end packshot;
- Custom Templates, which among other things give the Client the possibility to incorporate his own graphical identity;
- Combinations of standard screens (hereafter referred to as the “Screens”).
The Client may produce videos using the Platform (hereafter referred to as the "Videos") .
To produce a Video, the Client must:
- Choose a Template and Screens from among those available on his Platform,
- Complete the proposed fields (author, quotation, etc.),
- Choose media from his own database(s) (photos, videos, music, etc.) and/or select, if he so wishes, content from the media libraries proposed by PLAYPLAY, with the content of these libraries varying according to the package to which the Client has subscribed.
Concerning the media libraries proposed on the Platform more particularly, the Client is expressly informed and accepts that these are made available to him simply in order to facilitate his searches, without implying any guarantee or authorisation concerning their use. It is the Client’s responsibility to ensure that he possesses the necessary rights before any reproduction of the media concerned, by consulting the characteristics of the said media libraries on the Website’s FAQ page.
The Client may view the Video, send it to himself by e-mail and/or publish it on social networks.
The Video may be downloaded by the Client at any time from his Platform. All Videos created by the Client will continue to be accessible on the Platform for a period of 24 (twenty-four) months. Upon expiry of this period, the Videos will be deleted.
PLAYPLAY reserves the possibility to propose any other Services it considers appropriate, in the form and subject to the technical features and resources it considers most appropriate for the provision of the said Services. These new Services may result in additional charges, with a new Quotation then being issued.
Duration of the Services and of the Registration
The Services are accessed by means of a subscription (hereafter referred to as the "Subscription").
Specific terms and conditions applicable to the Saas package
The Subscription begins on the date the Client supplies his bank details, for a period of 1 (one) month, from date to date. If the Client enters his bank details before the Test Phase expires, the Subscription will begin on the date these details are supplied.
It will then be automatically renewed for successive periods of 1 (one) month, from date to date, unless notice to cancel is submitted by PLAYPLAY or by the Client up to the last day of the current Subscription month as explained below.
The notice to cancel the Subscription is issued:
- By the Client: by clicking the button provided for this purpose in his Account,
- By PLAYPLAY: by email.
The Client may cancel his Subscription in his Account up to the last day of the current Subscription month.
The cancellation of his Subscription takes effect upon expiry of the last month of the Subscription.
Payment in full will be required for any Subscription month started.
Specific terms and conditions applicable to the Corporate package
The Subscription is taken out for the period stated in the Quotation(s). Once this period has ended, the Client has the possibility, at his sole discretion, either to take out a SaaS package or to subscribe to the Corporate package once again, or to terminate his Subscription.
Price of, and modifications to the Subscription
The SaaS packages are accessible by means of several Subscription packages, with the prices and characteristics of these packages being stated on the Website. Unless stated otherwise, the prices shown are ex-VAT.
Modifying a Subscription
The Client may modify his Subscription at any time, by contacting PLAYPLAY using the contact details shown at the beginning of this agreement.
These modifications will take effect immediately.
The difference between the original Subscription price and the price of the modified Subscription (amount to be paid as a supplement or to be credited) for the time corresponding to the Subscription period not yet used must be paid or credited to the price payable for the next month’s Subscription.
The Subscription price is shown on the Quotation and is dependent among other things on the number of User Accounts and/or the number of Videos for which the Client has subscribed.
Modifying the Subscription
If the Client wishes to modify his Subscription as part of a Corporate package, PLAYPLAY will issue a new Quotation, which must be confirmed by the Client and which must be considered as an amendment to the first Quotation. The Client is limited to one modification per Subscription.
PLAYPLAY may decide to modify the prices and payment terms for the Services by informing the Client of this at least 1 (one) month before these changes take effect, by any written means (including e-mail).
Any Client who does not accept the new price must terminate their Subscription in accordance with the terms described in article 6. Any Client who continues to use the Services after the new prices take effect will be considered to have accepted the new prices.
Invoicing and payment methods
PLAYPLAY issues invoices for the Services for each Subscription period.
For the Corporate package, PLAYPLAY also issues invoices corresponding to the prices as mentioned in article 7.1.2.
These invoices will be sent to the Client using any appropriate communication method.
The Subscription price is debited directly from the Client's bank account.
The debit is performed by the secure payment service provider STRIPE, to which PLAYPLAY has conferred the storage of the Client's bank details for this purpose. PLAYPLAY does not store any bank details itself.
The Subscription price is payable and the bank account debited on the start date of the first Subscription as described in article 6, then on each renewal date for the subscription.
Regarding the Corporate package, the payment is made by bank transfer or by cheque upon presentation of the invoice.
The Client guarantees PLAYPLAY that he is in possession of the authorisations needed to use the chosen payment method. The Client agrees to take all necessary measures to ensure that the debit proceeds securely.
Payment terms and payment incidents
The Client is hereby informed and expressly accepts that any late payment of all or part of a sum due on its payment due date will automatically result in the following, as from the day after the payment due date shown on the invoice, without prejudice to the provisions of article 12:
- (i) The immediate suspension of the Services underway until the payment in full of all sums owed by the Client;
- (ii) The invoicing of the following sums by PLAYPLAY:
- For private clients: of late payment interest at a rate of 1.5 times (one and a half times) the official interest rate, based on the total of all sums owed by the Client;
- For business clients: the invoicing of late payment interest by PLAYPLAY at a rate of 3 (three) times the official interest rate, based on the total of all sums owed by the Client, in addition to fixed compensation of 40 (forty) euros as a contribution to recovery costs, without prejudice to any additional compensation if the actual recovery costs incurred exceed this amount.
Right of withdrawal
In the event that:
- The Client is a private individual,
- The Client is a business customer, (i) that he meets the conditions stated in article L221-3 of the French Consumer Code and (ii) that the Client’s Subscription meets the criteria of an off-premises contract under the terms of article L221-1 of the French Consumer Code,
… the Client has a right of withdrawal, valid for a period of 14 (fourteen) days as from the date the Quotation is approved.
He may exercise this right by sending PLAYPLAY the form shown in the Appendix to this agreement, duly completed, or any other unambiguous declaration expressing his wish to withdraw from the agreement. These items should be sent to PLAYPLAY using the contact details shown at the beginning of this agreement before the expiry of the above-mentioned deadline.
If the Client has requested that the Services begin before the expiry of the withdrawal period by ticking the box provided for this purpose in the Quotation, he may exercise his right of withdrawal within the above-mentioned deadline and in accordance with the above-mentioned conditions. In this case, he will be required to pay PLAYPLAY the Subscription price calculated on a pro rata basis for the period of time which elapsed up to PLAYPLAY being notified of his decision to withdraw.
Agreement in relation to proof
The Client expressly acknowledges and accepts:
- (i) That the data gathered via the Platform and via PLAYPLAY’S IT equipment reflects the reality of the various operations performed in relation to this agreement,
- (ii) That this data will be considered as the main means of proof accepted by both parties.
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 PLAYPLAY with all documents, items, data and information required for the performance of the Services. More generally, the Client agrees to actively cooperate with PLAYPLAY 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 PLAYPLAY 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 PLAYPLAY 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.
PLAYPLAY’S obligations and liability
PLAYPLAY agrees to comply with the following obligations, without prejudice to the other obligations mentioned in the Contract:
- PLAYPLAY 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.
- PLAYPLAY 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.
- PLAYPLAY 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.
- PLAYPLAY may not be considered liable for any decisions taken by the Client or by any third party appointed by him. Similarly, PLAYPLAY 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 PLAYPLAY watermark on the Videos.
- PLAYPLAY agrees to regularly perform checks in order to verify the satisfactory operation and accessibility of its Website and Platforms. For this reason, PLAYPLAY reserves the right to temporarily interrupt access to its Website and Platform for maintenance reasons. Similarly, PLAYPLAY 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 PLAYPLAY 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, PLAYPLAY 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 PLAYPLAY. 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 PLAYPLAY, 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.
PLAYPLAY’S intellectual property
The systems, software, structures, infrastructure, databases and content of all kinds (Templates, Screens, text, images, pictures, music, logos, trademarks, brands, databases, etc.) used by PLAYPLAY on its Website and on the Platform are protected by all applicable intellectual property rights and database producers’ rights. Any disassembly, decompilation, decryption, extraction, re-use, copies or more generally any act of reproduction, representation, circulation and use of any of these elements, in whole or in part, without PLAYPLAY’S consent, is strictly prohibited and may result in legal proceedings.
Ownership of the Videos
The Client retains ownership of the Videos created on the Platform. The Client is therefore free to use them, including for commercial purposes.
Unless expressly stated otherwise in the Quotation or notified to PLAYPLAY by any appropriate written means, the Client authorises PLAYPLAY to use his name, his brand, his logo, the references of his website and of his Videos as business references, in any medium and any form.
The Client agrees that his Videos may be broadcast free of charge by PLAYPLAY on its own Website and its social networking accounts, as well as in presentations of its activities by any means and on any medium, for internal and/or external promotional and communication purposes.
The Client has the right to make free use of the services of the Médiateur de la Consommation (the French consumer ombudsman) to bring about the out-of-court settlement of any dispute between himself and PLAYPLAY concerning the implementation of this agreement, in accordance with the conditions provided for in articles L611-1 and following and R612-1 and following of the French Consumer Code.
To do so, he may contact the following Médiateur de la Consommation:
Centre de médiation et de règlement amiable des huissiers de justice (Medicys)
Postal address: 73 Boulevard de Clichy, 75009 Paris
E-mail address: firstname.lastname@example.org
Telephone number: 01 49 70 15 93
In the event of any complaint or claim possibly submitted by a European consumer, which cannot be settled amicably by PLAYPLAY’S customer service department, the consumer in question may use the European consumer law dispute resolution platform available at the following web address: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=FR
Applicable law and jurisdiction
These general terms and conditions are subject to French law and will be governed and interpreted in accordance with this law.
Any dispute arising concerning their validity, interpretation or performance will be considered the exclusive jurisdiction of the Commercial Court (Tribunal de Commerce) of Paris (France), unless any imperative procedural rule to the contrary applies.