General Terms & Conditions of use and of sale for Keykod Services
|1. Purpose: |
The purpose of this document is to determine the General Terms and Conditions of Use of the KEYKOD® software and of all of the services which are associated and marketed by the KEYKOD Company. Upon subscribing to the service, the subscriber acknowledges to have expressly read, understood and accepted, in their entirety, these General Terms and Conditions which apply to all the services.
Code: KEYKOD® 2D proprietary barcodes which are created by KEYKOD®, containing coded data and which have the following formats: colored or black and white CODE consisting of a cluster of dots, personalized tags which use superimposed dots around a picture chosen by the CODE requesting party, and all other CODE format provided within the framework of the service.
Contents: A figurative item associated with the CODE and provided by the contents supplier.
Data: Information and data provided and checked by the subscriber, which are sold to final users whenever a label is scanned, such as a URL, coordinates, a telephone number, strings of text, or other contents and data that the service could support in the future.
Label: A figurative set consisting of the CODE and the contents.
Contents supplier: KEYKOD service subscriber allowing for the creation of contents-integrating CODE.
Service: Application developed by KEYKOD® allowing for the management and the creation of CODES.
Subscriber: A person subscribing to the service.
Contents scanner: A KEYKOD® application which scans the CODES, reads the encoded data, and provides the contents of the tags for the final users.
Final user: The person who uses a contents scanner to scan a label and access the data.
3. Summary Presentation of Services Offered by KEYKOD®:
KEYKOD offers a platform of online services, such as e-commerce, intended for the creation and publishing of 2D CODES which can be personalized, to be made by yourself.
The KEYKOD services offer yearly hosting of unit code matrixes and the tools for audience statistical returns for the 2D CODES created by the holders of user accounts, as a function of the service offer chosen per CODE.
The services offer possibilities for modification of the CODES, for the input and the output, by the holder of the user account, as a function of the service package chosen per CODE.
KEYKOD makes available free mobile applications for scanning 2D CODE, which are compatible with Tablets and Smartphones to read the 2D CODES under iOS and Android.
4. Access Conditions to KEYKOD® Services:
4.1. Age Conditions: Access to the service is reserved to persons over thirteen years of age at the time of subscription to the service. We encourage parents to become aware of and help exert control over their childrens displayed contents to keep them safe online.
4.2. Compliance with the Code of Conduct: As a user of the service, you commit yourself to complying with the code of conduct, and you are responsible for all the activities and contents that you post and/or upload. In addition to complying with the code of conduct, you are also responsible for complying with all the laws in force in France or in the countries where recipients are based.
4.3. Restrictions of Use: KEYKOD® services use technologies protected by intellectual property rights associated, in particular, with a code-generating technical process. In this framework, the subscriber finds is granted a license of use of intellectual property rights for the code generated by the application under strict conditions. You commit yourself to not download, post, convey, transfer, distribute or facilitate the distribution of any contents (text, pictures, sound, video, data, information or software) or otherwise use the service in a way that represents nudity in any manner, including total or partial human nudity or nudity in non-human forms as in cartoons, fantasy art or manga, incite, advocate, or express pornography, obscenity, vulgarity, blasphemy, hate, bigotry, racism or needless violence, alter the source of anything that you post or download, including usurping the identity of another person or group, provide or create links to external sites which violate the code of conduct, including contents which are protected by intellectual property laws, privacy or advertising rights, or any other applicable law, except if you possess or control the rights pertaining to or if you possess the necessary consent from the creators or owners of this contents, try to harm or exploit minors in any way, design in order to solicit or gather identifiable personal information from any minor, including, but not limited to: name, e-mail address, street address, telephone number or school name, intrude upon the private life of anyone by trying to gather, collect, store or publish private or identifiable personal information, such as passwords, account information, credit card numbers, addresses or other contact information without their knowledge and voluntary consent, violate all or part of local and national laws, including but not limited to pornography, child pornography, bestiality, incest, illicit drugs, software hacking, and harassment, threats, defamation, frustration, self-degradation, victimizing or intimidation of an individual or a group of individuals for any reason, including based on age, sex, handicap, ethnic origin sexual orientation, race or religion, or to incite or encourage someone to do it, to harm or perturb, or have the intention to harm or perturb another users computer or to allow you or others to illegally access software or to get round the Web or server security, including but not limited to spamming, attempting to pose as a KEYKOD® employee, agent, manager, host, administrator, moderator, another user or any other person by any means, favor or facilitate elsewhere the purchase and the sale or ammunition or guns, use contents which are or could be considered to be Junk mail, spam, chain letters, pyramid selling, marketing affiliation or offer unsolicited advertising, alter the contents that you post or download and/or which contains identical or similar contents to other contents that you have already posted, attempt to manipulate the services, including the rating systems and reputation of the services, by violating any part of the provisions of this Code of conduct, and/or in complicity with others concerning the vote and/or the use of several profiles, propose to carry out the transfer of international funds for amounts greater than the asking price for an item, with the intention of asking for a reimbursement of all or part of the payment, edit the contents, advertising for money, special systems, discount cards, credit counseling, online surveys or online contests. You commit yourself to not use in any form, the automatic devices and/or a computer program allowing for the submission of messages without the formal and written consent of KEYKOD®.
4.4. Restrictions Associated with Data Collection: Maps, pictures and other data published by contents suppliers remain the property of the contents suppliers. Without explicit agreement, you are not allowed to use the data for any bulk printing or download pictures or data. You are not allowed to: use or collect implicit data, maps, photographic imagery or other but through the use of the documented methods of the contents suppliers; get round the technical limitations of the services; copy, store, archive or create a database of the owners results; sell, rent or benefit from sub-licensed results or obtain access to the service of its owners.
4.5. KEYKOD® does not exert any control over the contents, information and data associated with the label and which are put online by the subscriber and which come under the subscribers own responsibility. In the case of violation by the subscriber of the rules of conduct and of all or part of the related clauses of these General Terms and Conditions, KEYKOD reserves the possibility, without prior notice, to remove the label and to deactivate the link to data, and all this without compensation.
5. Creation and Use of the Label:
The label can only be created by means of the service within the guidelines of the implementation recommended by the service; you should print or post exactly as delivered by the service, without obscuring or downsizing the size of the white space; KEYKOD does not guarantee any poor reproduction or printing of the label under conditions that are not in conformity with its instructions; the code and the label remain the property of KEYKOD; the use of the created label is subjected to the following conditions and limitations, subject to the specific conditions agreed upon subscription to the service: the CODE and the label are specific to the client; without explicit agreement of KEYKOD, you are not allowed to modify, license, create spin-off works, transfer or yield, on any grounds, any CODE or label obtained from KEYKOD; the contents supplier forbids himself from representing, suggesting, publishing, giving access to any kind of data within the field of restrictions of use mentioned in Article 4.3; KEYKOD does not claim the ownership of the contents or the data to which the label refers; nevertheless, KEYKOD could be lead to, for the sake of service needs, reproduce, post and use the data and the label created by the subscriber without the subscriber having the possibility to object, even within the framework of the development of the KEYKOD sales policy for the purpose of presenting the service.
6. Use of Audience Indicator Data provided by KEYKOD:
Within the limits set for specific conditions, KEYKOD® provides its customers with audience indicators which allow them to carry out statistical analyses: you are not allowed, without explicit agreement of KEYKOD, to use the reports for other purposes than internal marketing and sales purposes; KEYKOD offers to supply geolocation data allowing to pinpoint the final users who scanned a label; taking into account the terminals used by the final user to scan the label or the default option for geolocation activation on the final users terminal and upon which KEYKOD has no control, it is possible that some final users could be poorly or not at all pinpointed. KEYKOD can not in any case be held liable for any requests for compensation or reimbursement if the geolocation errors or defects were observed.
7. Service Availability:
KEYKOD strives, insofar as possible, to maintain the offered services 24 hours a day, 7 days a week. It is possible that for reasons of maintenance and updating, or for any other reason, particularly technical, a service might be temporarily interrupted. KEYKOD commits itself to not have more than 48 hours of interrupted service. In the case where service is interrupted for more than this limit, the subscriber has the right to ask for the reimbursement of his subscription prorated to the number of days with interrupted service out of the total subscription period; KEYKOD could, at any time, put an end to its services or modify the characteristics substantially, and this without prior notice. KEYKOD cannot, in any case, be the subject of any compensation request for sales, technical, financial or legal consequences which could result from a service interruption or any other event associated with its use.
8. Respect of privacy:
The subscriber must comply with the legal and regulatory clauses in force in the country where they are established relative to the respect of privacy of the final user. The subscriber commits himself to make available working resources for the final user allowing him to oppose, without cost or any explanation, the projected processing of personal data concerning him.
9. Failure to Comply with these General Terms and Conditions:
In the case of failure to comply with these Terms and Conditions or of the regulations in force in France or in the countries where the subscribers are established, KEYKOD reserves the right to momentarily or definitively ban a subscriber from access to the service as well as put an end to his subscription without him being able to claim any compensation as such. In any case, the subscriber remains entirely responsible for the data and contents that he distributes and he shall not make KEYKOD bear such a responsibility.
10. Modification of the General Terms and Conditions:
KEYKOD reserves the right to modify the services and/or the elements of these General Terms and Conditions, particularly as a function of technical developments and/or legislation.
11. Legislation applicable to the consumer:
You are reminded that by application of clauses of French law, with regard to all consumers finalizing the contract on French territory, the said consumers benefit from a clear 7-day period of withdrawal without justification nor paying any penalties. When the period expires on a Saturday, a Sunday, a holiday or a non-working day, it is extended to the first working day that follows. If the consumer intends to immediately have access to the service, he will lose all rights to cancel.
12. Law and Court of Law:
Any litigation relative to the interpretation and the execution of these General Terms and Conditions shall be subject to French law and to the legal authorities which come under the jurisdiction of the Commercial Court of ARRAS, except for the possibility of special authorities associated particularly with specific intellectual property rights; in this case, the litigation shall be brought before the court of law placed under the jurisdiction of the Court of Appeals of DOUAI.
13. Personal data:
KEYKOD gathers information relevant to you upon subscription of the contract, of the creation of an account allowing access to the service, of an electronic payment. This data is not passed on to a third party but can be used for sending information and exclusive promotional offers from KEYKOD or its subsidiaries. In compliance with the clauses of the Data Protection Act of January 6, 1978, you benefit from the right of access, correction and opposition of the collected nominative data relevant to you. These rights can be exerted by contacting us at the e-mail address: firstname.lastname@example.org or the following address:
ZA Ecopolis - Route de Penin
Keykod SAS with a capital of 170 000€ | ZA Ecopolis - Route de Penin 62127 Tincques - FRANCE
Telephone: (+33) (0)18.104.22.168.18 - e-mail: email@example.com
R.C.S Arras 791 046 337 - V.A.T. Intra Number: FR73791046337 - © Copyright 2014