Terms Of Service

Last Revision : 30 May 2016

Preamble

The following Terms of Services ("ToS") govern all use of the Elokenz.com website ("the Website") and all content, services and products available at or through the website. The Website is owned and operated by Cicero Labs SAS ("the Company"). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Elokenz's Privacy Policies) and procedures that may be published from time to time on this Site by Cicero Labs SAS (collectively, the "Agreement").

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Cicero Labs SAS , acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.

The Website offers a software application (the “service”) that helps online content producers managing and monitoring their content social media distribution.

Definitions

The "User" or "You" means any person who, after acceptance of the Terms, uses the Services of the Solution in accordance with the TOS.

The "Service" or "Solution" means the software application developed by Cicero Labs SAS entitled "Elokenz", available via its domain name elokenz.com (on any subdomains such as www.elokenz.com, app.elokenz.com, dashboard.elokenz.com) allowing the managment within a single interface, of various accounts held by a single user with one or more social media Solution (hereinafter "the Solution" or "Elokenz").

The "Free Service" is the set of tools and features offered free of charge to users of the Solution. The scope, the existence and continuation of the Service is entirely within the discretion of Cicero Labs SAS.

"Social Media" are services available on the internet or mobile networks with a common character to allow various interactions between users and mobile users who have opened an account with such services.

"Members" are the third account holders on Social Media, in a relationship in one way or another with the User's own account(s) through its pages, profiles or any other means of contact, called "Social Media Channels”. This relationship includes, but not limited to: the "followers", "subscribers" and "fans" linked to the User's Social Media Channels.

Restrictions

User shall not, nor permit anyone else to, directly or indirectly:

  1. reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or underlying algorithms of all or any part of the Service (except that this restriction shall not apply to the limited extent restrictions on reverse engineering are prohibited by applicable local law)
  2. modify or create derivatives of any part of the Service
  3. remove or obscure any proprietary notices on the Service.
As between the parties, Company shall own all title, ownership rights, and intellectual property rights in and to the Service, and any copies or portions thereof.

User shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Service or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Service or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Service. Ciceo Labs SAS reserves the right to bar any such activity.

User shall not attempt to gain unauthorized access to any portion or feature of the Service, or any other systems or networks connected to the Service or to any Cicero Labs SAS server, or to any of the services offered on or through the Service, by hacking, password "mining", or any other illegitimate means.

User shall not probe, scan or test the vulnerability of the Service or any network connected to the Service, nor breach the security or authentication measures on the Service or any network connected to the Service.

User shall not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Service or Cicero Labs SAS's systems or networks, or any systems or networks connected to the Service or to Cicero Labs SAS.

User shall not use any device, software or routine to interfere or attempt to interfere with the proper working of the Service or any transaction being conducted on the Service, or with any other person's use of the Service.

User shall not use the Service or any Content for any purpose that is unlawful or prohibited by this Agreement.

Payment and Renewal

General Terms

Optional paid services are available on the Website (any such services is called an "Upgrade" or "Paid Account"). By selecting an Upgrade you agree to pay Elokenz the monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Upgrade fees are not refundable.

Automatic Renewal.

Unless you notify Elokenz before the end of the applicable subscription period that you want to cancel an Upgrade, your Upgrade subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such Upgrade (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time in the Upgrades section of your site’s dashboard.

Responsibility of Website Visitors

Elokenz has not reviewed, and cannot review, all of the material, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Elokenz does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your relatives from user-generated content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Elokenz  disclaims any responsibility for any harm resulting from the use by visitors of the Website.

Content Posted on Other Websites

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which elokenz.com links, and that link to elokenz.com. Elokenz does not have any control over those non-Elokenz websites and webpages, and is not responsible for their contents or their use. By linking to a non-Elokenz website or webpage, Elokenz does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Elokenz disclaims any responsibility for any harm resulting from your use of websites and webpages linked from elokenz.com.

Copyright Infringement and DMCA Policy

As Elokenz asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by elokenz.com violates your copyright, you are encouraged to notify Elokenz by contacting us at support@elokenz.com. Elokenz will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Elokenz will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Elokenz or others. In the case of such termination, Elokenz will have no obligation to provide a refund of any amounts previously paid to Elokenz.

Personal Data

Members' personal data provided by Users

You use our Solution to centralize, animate, control and analyze all of your existing channels on various Social Networks. To enable this service, We will collect on our servers certain personal data that you collect through your own channels on Social Networks.

Such personal data is expressly made public and non­confidential by the members on the respective Social Network by having validated the conditions of use:

    ­
  • Basic information of the account (name, sex, email, date of birth, city of residence, profile picture)
  • ­ other data provided by the company operating the Social Network, ­
  • Members' interactions with the User's Social Media Channels and their publications.

In doing so, Members have expressed their consent to the processing of their personal data by You and your subcontractors.

As such, You are solely responsible for the processing of your Members' personal data and You expressly acknowledge Cicero Labs as a subcontractor for such data within the meaning of the French Data Protection Act of 6 January 1978.

Concerning the processing of personal data, We act solely on your instructions. These instructions are formalized in particular through the tools and functionalities of the Solution made available to you through the Service. For more detailed and specific instructions, it will be necessary to establish a personalized contract.

We remind that this data is by no means collected on our own behalf. We do not make any commercial use of such data and do not yield these to any of our partners. However we may on occasion make use of it, following prior anonymisation, for statistical and analytical purposes.

In accordance with the French Data Protection Act of 6 January 1978, we are committed to take all necessary precautions to safeguard the security and confidentiality of data, and in particular prevent them from being distorted, damaged disclosed to unauthorized persons.

Personal data is not retained beyond a period of 5 (five) years after the last interaction of a Member with You.

To ensure full respect for the rights of Members, We give Members the opportunity to exercise their rights directly with us, something which You expressly acknowledge and approve. Thus, as provided for in Articles 38, 39 and 40 of the French Data Protection Act of 6 January 1978 any Member may exercise directly with us, their rights of access, rectification and opposition to the processing of their personal data.

To exercise these rights, you can contact us by email at support@elokenz.com.

Personal data of Users

To provide you the Service, we must collect certain personal data. The information concerned is that, which you saved when you created your account on Elokenz, from Social Networks with which you registered: first name, surname and email in most cases. You expressly consent to the collection of such information.

We are in this respect, and only as such, responsible for processing Users' personal data within the meaning of the French Data Protection Act of 6 January 1978.

Personal data is not retained beyond a period of 3 (three) years after your last use of the Service.

In accordance with the aforementionned articles 38, 39 and 40 of the French Data Protection Act of January 6, 1978, You may exercise your rights with us concerning access, rectification and opposition to the processing of your personal data. To exercise these rights, please contact us by email at support@elokenz.com

The collection of this data were reported to the CNIL by declarations N°1969187v0.

Marketing/Communication

As a paid customer, you give Cicero Labs a perpetual world-wide license to use your company's assets and logos, unless Cicero Labs agrees in writing otherwise. These assets and logos will be used purely for marketing and sales efforts, such as being displayed on the home page.

Testimonials

We post customer testimonials/comments/reviews on our website which may contain personally identifiable information. We do obtain the customer's consent via email prior to posting the testimonial to post their name along with their testimonial. To request removal of your personal information from Testimonials or comments please contact us at support@elokenz.com

Intellectual Property

This Agreement does not transfer from Elokenz to you any Elokenz or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Elokenz. Elokenz, elokenz.com the Elokenz logo, and all other trademarks, service marks, graphics and logos used in connection with elokenz.com, or the Website are trademarks or registered trademarks of Elokenz or Elokenz’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Elokenz or third-party trademarks.

Advertisements

Elokenz reserves the right to display advertisements on your profile unless you have purchased a paid account.

Attribution

Elokenz reserves the right to display attribution links such as ‘Profile on elokenz.com,’, or attribution mentions such as 'via @elokenz' on widget or social media posts unless you have purchased a paid account.

Changes

Elokenz reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Notice will be provided by posting such changes on the Elokenz Website and updating the “Date of Last Revision” for relevant terms, policies, and/or guidelines, and such changes will apply to any use of the Elokenz Website or Service made after the changes are posted to the Website. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes.

Elokenz may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

Termination

Elokenz may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your elokenz.com account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer of Warranties

The Website is provided “as is”. Elokenz and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Elokenz nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

Because of situations beyond the control of Cicero Labs SAS, We cannot guarantee that the Service will be available to You or that the Service will function properly. Cicero Labs SAS does not guarantee the safety or integrity of any system connected to its network. This includes, but is not limited to, virus and/or trojan software infestation of said machine(s), hacker activity and exposure of confidential data. By using the Service, you acknowledge that you are solely responsible for the safety of your hardware, software, and data for the duration of your use of the Service. You also accept all liability for any of your actions while using the Service. This includes, but is not limited to, sending of unsolicited email.

Limitation of Liability

Elokenz does not exercise editorial control or review over the content or nature of any Application or of any e-mail transmission, or other material created or accessible over or through the Application.

We assume no liability for the actions, content, information or data of third parties or Members, and You release Cicero Labs SAS, its officers and executives, employees and agents from any liability for claims or damages, known and unknown, arising out of or relating to claims or damages regarding third parties or Members.

In no event will Elokenz, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for:

  1. any special, incidental or consequential damages
  2. the cost of procurement for substitute products or services
  3. for interruption of use or loss or corruption of data
  4. for any amounts that exceed the fees paid by you to Elokenz under this agreement during the twelve (12) month period prior to the cause of action

We cannot be liable for lost profits or other consequential, special, indirect or accessory damages, whether resulting from these conditions or the use of Elokenz, even if we have been advised of the possibility of such damage.

In any event, whatever the basis of the claim and/or legal action: It must be made w​​ithin one year after the occurrence of the event on which the claim is based , and in the exceptional circumstances that a claim is established and upheld, such a claim shall be limited to an amount of 100 (one hundred) Euros.

General Representation and Warranty

You represent and warrant that :

  1. Your use of the Website will be in strict accordance with the Elokenz Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from France or the country in which you reside)
  2. your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification

You agree to indemnify and hold harmless Elokenz, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

Severability

If any provision of these TOS are found to be invalid under a legal rule, or a court decision which has become final, it would be deemed null and void, without voiding the TOS altogether or affecting the validity of its other provisions.

Waiver

The fact that We or You do not insist on the application of any condition of the present TOS or acquiesce to their inexecution, in any way, either permanently or temporarily, cannot be interpreted as a waiver by the interested party to rights arising from the respective condition.

Applicable Law

Excepting any provision which may be contrary to a national law applicable to the User, in particular as a result of nationality, the present TOS are subject to French law, both for procedural matters and substantive rules.

In any dispute arising in performance, interpretation or breach of the present ToS, jurisdiction is expressly granted to the Toulon Commercial Court (FRANCE), to the exclusion of any other court or jurisdiction which might otherwise consider itself to be competent, in particular with regard to regulation n ° 44/2001 of 22/12/2000.

The present choice of jurisdiction shall be upheld, notwithstanding multiple defendants or parties in warranty, even for emergency procedures or protective or interim measures.

Identity

Imprint

This website http://www.elokenz.com is edited by the company Cicero Labs, SAS with a capital of 21,000 Euros, whose registered address is: 215 Boulevard de la Martille, Le Brasilia Bat B1, 83000 Toulon, FRANCE, Identified by the number n° 817 842 461 RCS Toulon

VAT number: FR83 817 842 461

Contact : contact@elokenz.com

Hosting

This website is hosted in France by OVH company: 140 Quai du Sartel 59100 Roubaix - +33 (0)899 701 761

Editor in chief

Editor in chief: Jean-Christophe Lavocat (contact@elokenz.com)