General terms and conditions of use of Mark&Rise.

These terms and conditions ("Terms") apply to your access and use of all Mark&Rise services, including websites, the API, various email and SMS notifications, apps, widgets, advertisements, services commercial transactions and tools developed for the use of all Mark&Rise services and thus governing all services that contain this link ("Services"). The same applies to content ("content"): all forms of information using the Services such as texts, images, videos, graphics and documents downloaded in connection with the Services. By accepting Mark&Rise's Terms and Conditions, you must comply with them if you want to continue to benefit from Mark&Rise's accesses and Services. Otherwise, we reserve the right to remove your access to these Services without notice. By accessing or using the Services, you agree to be bound by these Terms.

1. Responsibility :

You are responsible for what you publish on Mark&Rise. Publications are public by default. Just as you are responsible for the use of all Services offered by Mark&Rise. What you publish and your interaction with the Content of other users of the Services is your responsibility, which means that you are directly responsible for the consequences. Everything you post on Mark&Rise is likely to be viewed by anyone, registered users or visitors as well as services and websites provided by third parties. Your publications must comply with these Terms and the laws applicable in your country, otherwise they may be deleted without notice.

By accepting these Conditions, you certify that you are able to comply with them, and that you are not under a legal prohibition of access to these Services, whether you are an individual or represent any entity (organization, company, etc.). You also warrant that you will abide by these Terms and the use of these Services in accordance with the laws applicable in your country or in any other country. Otherwise, your account will be deleted, your Content deleted and your access to Services prohibited without Mark&Rise being able to justify.

These Services and these Terms are subject to change at any time without notice. Mark&Rise reserves the right to remove access to any or all of its Services, either temporarily or permanently, at any time and without compensation to anyone.

With respect to Advertising, the Services may contain them according to your preferences, your interests, the Content present in the Services, the needs of advertisers using the Services, and any other information or means of information. By accepting the Terms and Services, you agree to the distribution of these advertisements. The nature and frequency of these advertisements may vary at any time. They are provided by Mark&Rise providers and partners, or users. These advertisements are placed in the Services in correlation with the information you provide and the objectives of the advertisers.

2. Confidentiality :

Any information you provide to Mark&Rise is governed by our Privacy Policy. It frames all the information that you communicate to us, in this, you agree, by registering on Mark&Rise, the collection and the treatment of this information, including that these are transferred in France or in any other country for the purposes of storage and use. The Services include that we provide you with ads and/or administrative-type messages that are part of Services provided by Mark&Rise.

You can control some of these communications that we send to you, through your notification preferences, as well as those concerning your own activity on the network. To do this, you must go to the "settings" section of your user account. Warning: you can not oppose all these notifications, depending on the mandatory nature or not, from us.

3. Your Content :

You are responsible for what you publish on Mark&Rise, whether your publications are private or public. Mark&Rise offers a set of services and tools that allow you to express yourself and be seen and / or heard all over the world and very easily. But we are still unable to control, verify, moderate, anything that is published through our Services. By publishing, you acknowledge that you are the author of these Content, and you are solely responsible for it.

Mark&Rise can in no way guarantee the veracity, authenticity, accuracy, reliability, completeness of the Content posted by the users of our Services. These Content are not claimed, assumed, supported or guaranteed by Mark&Rise. Similarly, by using Mark&Rise, you may be exposed to offensive, hurtful, inappropriate, misleading, poorly formulated content, for which we are in no way responsible.

You also can not accuse our Services of causing any loss or damage, of any nature, in the use of our Services, in a non-exhaustive way, in case of error or omission in any publications, whether public, posted, or contained in any electronic message, transmitted or made available, otherwise exploitable through our Services or otherwise disclosed.

4. Protection of your account :

You are responsible for the integrity of your account protected by a password. We invite you to choose a hard-to-find password with a high level of complexity (for example a password consisting of a mixture of special characters, capital letters, lowercase letters, numbers). You are responsible for protecting the password that you use to login and / or use our Services or any other activities or actions that require you to authenticate with a password on Mark&Rise. In the event of your breach of the foregoing, Mark&Rise can not be responsible for any loss or damage to you or the Content you have posted or the Services you use.

5. Rights of the user :

You keep your rights on all your publications. Your content belongs to you. If Mark&Rise is to exploit them in any way, we will ask for your permission.

You are responsible for the use of the Services, and for everything you submit. Consequently, you guarantee by publishing via Mark&Rise that you have the rights necessary for the dissemination of this Content. If you do not have these rights, you are liable. Under no circumstances will Mark&Rise be responsible for the misuse of this Content on your part, or on the part of any entity. You represent and warrant that you have the necessary authorizations and powers to concede the rights granted under the Content Presents that you publish.

6. Intellectual Property and Rights of Mark&Rise :

The Services are the exclusive property of Mark&Rise. The contents remain the property of their author. All Services are protected by copyright, trademark law and all other intellectual property. No one may use the Mark&Rise name and / or any Mark&Rise trademarks, domain names, logos, or other symbols or signs. We give ourselves the right to use any comments coming from any entity whatsoever concerning the Services and Mark&Rise as we see fit and without compensation to who or what.

7. Regarding the users of the Services and their license :

Mark&Rise grants you a free, non-exclusive license, which you can not assign, to have all the tools provided by Mark&Rise as part of the Services. This license is global and personal. It must be used within the framework of these Conditions.

8. Restrictions :

Mark&Rise reserves the right at any time and in a non-binding manner not to distribute and delete any Content that does not comply with these Terms and the Mark&Rise Rules, and to terminate and delete user accounts for the same reasons, without incurring any liability to you. We also reserve the right to access, store and / or disclose any information or data that may assist the law in investigative or administrative and / or judicial proceedings. We will apply the same principle and process for any breach of these Terms and the rules of Mark&Rise; to assist any request from a user if it is justified; to prevent and resolve cases of fraud, technical problems and deal with security threats; and finally to ensure the safety of users, as well as protect their interests and those of the public.

You may not reproduce, create, modify, distribute, transfer or publicly display or otherwise use the Mark&Rise Services or Content in the Mark&Rise API.

In the case of Mark&Rise Pay Services, you will only be able to use them after agreeing to our terms of use for the Pay Services, especially if this Service requires you to provide information about your means of payment (credit card or debit, another means of payment authorized by Mark&Rise).

By accessing or using the Services, you do not have permission to access private or public areas, Mark&Rise's computer systems or those of its service providers, to test the vulnerability of networks and systems, and / or to break and bypass authentication systems and security measures. Likewise, it is forbidden to access or attempt to access the Services or to attempt to search through the Services to access them by any means other than through the public interface of Mark&Rise. (in accordance with these Terms in force), unless you have been expressly authorized to do so under the terms of a specific and separate agreement with Mark&Rise. Sending Services without our express agreement is strictly prohibited. The indexation of the Services is permitted only within the framework of the provisions included in the robots.txt file. You may not falsify a TCP / IP packet header or any part of the information in the header of an e-mail or publication or otherwise use the Services to broadcast misleading or altered information, or whose source is falsely identified. It is forbidden to prevent a user from accessing the Services, and / or to disrupt or interrupt the use of the Services, as well as for any host or network. Operations such as overloading, flooding, spamming, mail-bombing against the Services is prohibited, as well as the sending of a virus or any other malicious code. It is not permitted to script the creation of Content so as to interfere with the Services or overload the Services.

9. Termination :

You may delete your account or no longer use the Services at any time and for no reason or for any reason whatsoever. However, if you stop using Mark&Rise for an extended period of time, your account will be deleted. These Terms will continue to apply until terminated by you or Mark&Rise.

Mark&Rise reserves the right to suspend or terminate user accounts that do not comply with these Terms and Conditions without notice or without explanation or justification, particularly if:

- You risk exposing Mark&Rise to legal sanctions.

- The operation of the site is no longer financially sustainable. In this case, you will be notified.

The Terms will be terminated automatically, which includes, without limitation, the license to use the Services you receive. Nothing in this section affects the right of Mark&Rise to limit or terminate the provision of the Services without notice.

10. Regarding copyright :

We respond to requests for infringement of intellectual property and copyright - provided that these are justified. Mark&Rise respects copyright and intellectual property. As a user of the Services, you owe it to yourself to respect them. If, as an author, you believe that your Content has been used fraudulently or misappropriated, you may report it to us by mentioning your physical or electronic signature of yourself or an entity representing you; identify the work that allegedly violated your rights, and clearly indicate its location so that we can intervene; your contact information (email address, telephone number, etc.); you must justify that the Content in question was distributed by an entity that is not the owner of its broadcast, exploitation and use rights; you must declare that all such information provided is accurate and that you do not act as a perjurer.

Mark&Rise reserves the right to remove any Content that may not comply with these Terms, including our intellectual property and copyright policy, in our sole discretion and without liability to the owner of the Content that has made object of deletion. We also agree to terminate any user account - if the circumstances are justified and the conditions met - if the user makes a fraudulent use of our Services, the Contents of others, or does not comply with these Terms.

11. Limitations of liability for Mark&Rise :

The purpose of this section is to limit the responsibilities of the Mark&Rise entities (all employees, officers, parent companies, subsidiaries, licensors, third party partners, agents, all legal entities and / or physical entities directly or indirectly dependent on Mark&Rise).

11.1 The Services are provided as is :

Use and access to Content and Services are at your own risk. Services are provided "as is" and as available. Without prejudice to the foregoing, and to the fullest extent permitted by applicable law, Mark&Rise and its entities exclude all warranties and conditions, express or implied, of merchantability, fitness for a particular purpose or non-infringement.

We do not warrant or assume any responsibility for completeness, accuracy, availability, reliability, security, punctuality of Content and Services; damage to your computer system, loss of data of any kind, or other damage resulting from your use and / or your access to the Content and Services; the deletion of the Contents or the impossibility of their transmission or conservation; if Mark&Rise can satisfy a need, service or interest of any kind, likewise to provide Services in an uninterrupted, secure and error-free manner. No statement, whether oral or written, from any Mark&Rise entity, constitutes any warranty unless it is expressly stated in the Terms.

11.2 Link Information :

The Content and / or Services may contain links to third party sites or resources. By accepting these Terms you acknowledge that Mark&Rise is in no way responsible for the reliability, accuracy, and availability of such resources, products, services, and content contained in such resources. No link to such content, sites, resources, and / or services implies any responsibility or endorsement of the Mark&Rise entities. Access and use relating to these resources are under your sole responsibility.

11.3 Limitation of liability :

To the fullest extent of applicable law, Mark&Rise and its entities disclaim all liability for any direct or indirect damages that you may incur while using the Services and / or your access to the Content, whether incidental or incidental. specific, repressive or consequential, or for any financial losses, profits or income, for any loss of data, customer, supplier, or other tangible or intangible damage - or that would result from the impossibility for you to access and these same Content and / or Services, any behavior or Content from third parties on the Services, including, without limitation, any attitude or conduct defamatory, offensive, or illegal from other users or third parties, Content obtained via the Services or any unauthorized access and / or use or alteration of the dissemination, transmission, or use of your Content.

These limits mentioned above apply regardless of the procedure initiated and / or the responsibility sought, whether delictual, contractual, or consequence of negligence, in other words, whatever it is and that Mark&Rise and its entities in have been warned or not, and even if the corrections, repairs, supported have not reached the desired objective within the framework of these Conditions or outside.

12. Renunciation and divisibility :

12. Even if we do not seek to avail ourselves of any right, responsibility, covenant or other provision in these Terms, this shall not be understood as a total and absolute waiver of that right, responsibility, commitment, or disposition.

In the case of invalidity relating to one of these provisions, or in the case where it is inapplicable, it would simply be deleted, or necessarily limited, knowing that the other provisions would still be valid and applicable.

13. Applicable law and consequence :

Any disputes relating to the Terms set out above and the Services made available by Mark&Rise and its entities will be exclusively brought before a French court, regardless of the nationality of the legal entity and/or entity and/or the entity. at the origin of the lawsuit.

14. Completeness of the agreement :

These Terms, the Mark&Rise rules, and the Mark&Rise Privacy Policy together constitute the entire agreement between you and the Services. The only exception may be a separate agreement between the Services and you, entered into by Mark&Rise, including or excluding all or part of these Terms. These Conditions cancel and replace the previous ones. These Terms may be subject to change at any time. If you continue to use these Services after updating these Terms, this implies that you accept them in fact.

Whichever country you reside in, these Terms constitute an agreement between you and Mark&Rise.

Publication date : 10/31/2018