GENERAL TERMS OF USE FOR BBS LAB SERVICES

These Terms of Use and any additional terms and conditions, as amended when necessary, shall govern your use of any online or mobile services accessed by you, requiring an Internet connection. These terms constitute an agreement between you and BBS LAB Company, a simplified joint-stock company with €25,000 in capital, headquartered at 13, rue Saint Honoré - 78000 VERSAILLES, and registered with the Versailles RCS as no. 802 708 719. These Terms of Use, as well as the Privacy Policy available here (incorporated herein by reference), constitute legally binding contracts between you and BBS LAB. By using BBS LAB Services, you represent that you are at least 18 years of age, or that you have reviewed this Agreement with your parent or guardian and that he or she accepts these Terms of Use on your behalf and takes full responsibility for your compliance with them. You agree that you and/or your parent or guardian are fully capable and empowered to accept the terms, conditions, and obligations, to make the representations, and to assume the responsibilities set forth in these Terms of Use, and to respect and comply with these Terms of Use. You also undertake to consult them periodically so as to keep abreast of any new information or Terms of Use regarding BBS LAB Services. The BBS LAB Company is free to change these Terms of Use at any time. Revisions to the terms governing the use of existing BBS LAB Services will take effect TEN (10) days after their publication. The Terms of Use for new BBS LAB Services shall take effect upon publication.

Purpose

The purpose of this document is to define the terms of use for the music creation services (“the Services”) offered by the BBS LAB Company, through the Android smartphone application called popshake (“the Application”).
The popshake application is a social network where users can create and share jingles by using samples provided by BBS LAB.
The jingles thus created can then be shared on the popshake social network and on other social networks.

Account creation

An Account is required to access and use BBS LAB Services.
To create an account on popshake, you must provide your last name and a mobile phone number, and agree to our Terms of Use, as well as to the Privacy Policy governing our handling of your personal data. By opening an account, you acknowledge that we (or others) can identify you by your popshake profile.
Moreover, if you choose to purchase certain supplementary services, your iTunes account will be charged for the amount of the transaction, or payment may be made by other means via popshake.co.

Content

“Content” on BBS LAB Services means any software, technology, text published on discussion forums, messages sent in online chat-rooms, profiles, messages, links, email, music, sounds, graphics, images, videos, code and any audiovisual or other material appearing on, issuing from, or sent over BBS LAB Services, as well as the design and appearance of our website.
Content shall also include User Generated Content (“UGC”).
UGC includes but is not limited to: Account avatars, forum posts, profile content, and any other Content provided by users on BBS LAB Services.
This UGC and Content will be referred to collectively as the “Content.”
All Content, except the UGC, is the property of BBS LAB or its affiliates.

Rights

“Rights” means the rights under license that are granted, assigned or provided to you, and/or that you purchase in view of your online access to the BBS LAB Services.

Use and Expiration of Content and Rights/General Limitations of the License.

BBS LAB grants you a personal, limited and non-exclusive license to use the Content and the Rights to which you have access solely for personal, private, non-commercial, non-transferable, limited use under the terms hereof.
The Content contained on BBS LAB Services, the Rights, and all other intellectual property rights associated with those Services are the property of BBS LAB or of BBS LAB’s third party licensors, and are protected by the laws of France and by international copyright law, rights covering commercial packaging, commercial patents, and trademarks, and by international conventions and other laws protecting intellectual property and the exclusive rights pertaining thereto.
Commercial use is prohibited. You undertake to not remove, obscure, or alter any copyright notice, registered patent or trademark registration information, or any other reference to the property rights attached to the Content.
The rights granted to you are subject to your compliance with these Terms of Use.
When not expressly granted to you under these Terms of Use, BBS LAB reserves all rights to the Content and the Rights, and to all the copyrights, trademarks and other intellectual property rights pertaining thereto.
The authorization granted to you to use the Content and Rights, as described above, is limited by the intellectual property rights of BBS LAB, and excludes any other right of patent or intellectual property. Any unauthorized reproduction or distribution of the Content contained on the BBS LAB Services, and/or Rights pertaining to those services, may result in the termination of your Account, a prohibition on your use of the Services, and may result in legal action.
Such acts also expose you to the risk of criminal or civil action being brought against you by other content and/or rights owners for breach of intellectual property. You agree to indemnify and hold BBS LAB harmless for any unauthorized or illegal conduct on the Services, either by you or through your Account.

Contribution of UGC to BBS LAB Services

BBS LAB does not control all UGC prior to publication, and does not endorse or approve any UGC posted to the Services by you or other users. You are solely responsible for any UGC you may post, and legal action may be taken against you for said UGC.
BBS LAB respects the intellectual property of third parties. In order to upload any UGC to BBS LAB Services, you must be legally authorized to do so. You must not upload or post to BBS LAB Services any UGC infringing upon copyrights, trademarks or other intellectual property rights belonging to any third party, and you must also not upload any UGC that violates the law and/or these Terms of Use, and/or infringes the privacy or personal rights of a third party.
You may only upload UGC that you are permitted to upload by the holder of such rights or by law.
BBS LAB may remove any UGC that it believes, in its sole discretion, to be likely to violate the intellectual property or other rights of third parties, without providing prior notice to you. If you are a repeat infringer of the intellectual property or other rights belonging to BBS LAB or to third parties, BBS LAB may terminate your account without prior notice.
BBS LAB reserves the right to remove, block, edit, move or disable any UGC, for any reason whatsoever, in particular when BBS LAB has observed that such UGC violates these Terms.
Decisions to remove UGC or any other Content, at any time, are the exclusive prerogative of the BBS LAB Company, and such decisions are final. BBS LAB disclaims any liability in connection with UGC, or in case of removal of UGC, or non-removal or delay in the removal of UGC or other Content.

Licensing of UGC to BBS LAB and third parties

When you contribute UGC to a BBS LAB Service, you expressly grant BBS LAB and its licensors a nonexclusive, perpetual, worldwide, complete, irrevocable right, which may be sub-licensed, to quote, republish, publish, use, adapt, translate, archive, store, reproduce, modify, create derivative works from, license, print, sub-license, distribute, transmit, broadcast or communicate in any other manner, as well as to publicly display and publicly execute such UGC in whole or in part, in any manner, in any format, and via any currently existing or future medium or forum, whatsoever, without BBS LAB being compelled to provide notice or compensation to you or any third party, or indicate the name of the person contributing such UGC.
You grant BBS LAB and its licensors full license, and provide it with all the agreements and authorizations necessary to use such UGC for such purposes.
You waive and agree not to assert any moral or similar rights that you may hold to such UGC.
If the BBS LAB Service to which you contribute UGC permits other users to access and use that UGC as part of the BBS LAB Service, you also grant all other users of the BBS LAB Service the right to use, copy, modify, display, execute, create derivative works from, and otherwise communicate and distribute the UGC provided on or through the BBS LAB Service in question without further notice and without compensation to you or any reference to your name.

Termination of BBS LAB Services

Either you or BBS LAB may terminate this Agreement at any time. Upon termination, you will lose the right to access or use the services. The following provisions survive termination:

Rules of Conduct

You agree to not:

Links to other sites

BBS LAB Services may contain links to websites operated by third parties, including advertisers and other content providers. These sites may collect data or ask you to provide them with personal information. BBS LAB does not control these websites and cannot be held responsible for their content or their privacy policies, or for the collection, use or dissemination of any information by such sites.

Applicable Law - Language

These Terms and Conditions and operations arising from them are governed by and subject to French law.
These General Terms of Use are written in the French language. If translated into one or more foreign languages, only the French language version of the text shall prevail in case of dispute.

Disputes

Any dispute to which these general terms of use may give rise in regard to validity, interpretation, execution, termination, their consequences and results that cannot be resolved between BBS LAB and the user will be settled before the competent courts under the terms of common law.

Pre-contractual information - User Acceptance

The user acknowledges receipt of these General Terms of Use, provided in a legible and understandable manner, prior to registering.



PRIVACY POLICY PROTECTION OF PERSONAL DATA

The act of creating an account (the "Account") or using any of the BBS LAB mobile services constitutes your acceptance of the BBS LAB Privacy Policy, and of the fact that we may transfer and store your information. By registering, you accept that BBS LAB will treat your data in accordance with the Privacy Policy given below, and you agree to the BBS LAB Terms of Use.

YOU MUST NOT USE ANY BBS LAB MOBILE SERVICE IF YOU DO NOT AGREE TO THIS POLICY.

If our Privacy Policy changes, the changes will be published on this policy page, on the home page, or elsewhere so that you are aware of what information we collect, how we use it, and if necessary, under what conditions we may disclose or transmit it. We reserve the right to change this Privacy Policy at any time and therefore recommend that you consult it regularly. If we make any substantial or significant changes to this Privacy Policy or to the use we can make of your data, we will inform or notify you or a parent/guardian, either here, or by email, or by an announcement posted on our homepage, before applying the changes. By continuing to use our online and mobile products and services, you indicate your acceptance of any changes made to our online Privacy Policy.

BBS LAB Services for Mobile, Privacy Policy

We respect consumers’ right to the protection of their personal data, and recognize the importance of protecting any data collected about you.
We have adopted this online Privacy Policy to explain how we store and use the personal and non-personal data that we collect online on our website when you use our services on mobile platforms. These terms constitute a contract between you and BBS LAB.
This Policy applies only to the site managed by BBS LAB, and not to websites maintained by other companies or organizations to which we may link.

Personal data collected by BBS LAB

Personal data constitutes information that identifies you and which may be used alone to contact you, online or offline. BBS LAB may collect personal information from its online visitors in the course of the following activities:

The information collected varies according to the activity concerned and may include your name, email address, phone number, home address, date of birth, mobile phone number and information regarding your credit card.
Visitors to BBS LAB services may be asked to provide the name of their mobile operator, to indicate the mobile phone model they are using, as well as a valid mobile number so that we can send purchase instructions directly to their mobile phone.

Non-personal data collected by BBS LAB

Non-personal data used alone, does not identify you or allow you to be contacted.
BBS LAB collects non-personal data regarding your use of its mobile services, both on its website and during your use of the services.

We will keep your data as long as your account remains active or as long as necessary in order to provide services to you.
If you wish to terminate your account, or if you want us to stop using your data, please contact the Privacy Policy Administrator at the following address:

support@popshake.co

In certain circumstances, we may be legally required to retain your data.

Collection of non-personal data

BBS LAB collects non-personal data at the same time as it collects personal information, when you provide it voluntarily in connection with various mobile activities, such as your mobile purchases or registration for sales surveys.
In addition, BBS LAB and third parties use cookies and other technologies to passively collect non-personal demographic information, personalize content offered to you on our site, and to monitor advertisements and other activities described below.
We can also deduce other elements from the data collected, such as determining the tax rate applicable based on your IP address.

Cookies

Cookies are small files downloaded to your Internet browser to track your navigation on the sites. We may link information connected to these cookies with personal data. Cookies reflect information regarding the items you may select in our store in view of making a purchase, and the pages you have visited. We also use cookies to tailor content to your areas of interest, and to track usage of websites or of the popshake application. BBS LAB and third parties will collect information about the applications you use, the time you spend doing so, and the advertisements or links you click. You can set your browser to warn you when sites attempt to install cookies on your mobile phone or to limit the types of cookies allowed. If you do disable cookies, you may lose some of the options and features of our popshake application, since cookies are necessary for us to monitor and improve your activities. The companies that place advertisements in our application may also use cookies or other technologies, and these practices are subject to their own regulations and privacy policies. This Privacy Policy applies only to cookies used by BBS LAB and not to the cookies used by advertising agencies.

Internet log files

BBS LAB and third parties may maintain log files containing IP addresses. These log files may be used to monitor traffic on our website, to solve technical issues, and to authenticate user rights to our products. However, in the event of an improper use of our services by the user, we may block certain IP addresses. IP addresses may be used to identify you personally in order to enforce our Terms of Use.

Ad Placement Technology

BBS LAB website and mobile services may use third party or proprietary ad placement technologies that use cookies or other technology allowing information to be collected regarding the results of ad placement within our services and to facilitate the tracking of results. Some dynamic ad placement technologies allow advertising content to be temporarily downloaded to your mobile device. BBS LAB and third parties exploiting ad placement technology may use data such as age and sex, as well as information recorded from mobile phones, to ensure that suitable advertising content is presented on the mobile service, and to calculate or control the number of single and multiple visualizations of a given advertisement, and/or to display advertisements that match your interests. For such purposes, BBS LAB or third parties may collect data such as the IP address, device ID, information about your software, applications and computer hardware, information regarding your browser (and/or information sent by your browser), the brand and model of the hardware or device, the advertisement(s) displayed, the amount of time the advertisement was visible, and other information relating to Internet and website usage, web pages and mobile websites that you have visited and domain type. The abovementioned data may be used and disclosed in accordance with the provisions of this policy and the privacy policy of the company providing the ad placement technology. The advertising agencies that deliver advertisements for BBS LAB may combine the data collected or obtained from BBS LAB with other data collected independently from other sites, and/or from online or mobile products and services, related to activity via your browser on their network of websites. Many of these companies collect and use this data in the context of their own privacy policies.

These ad placement technologies are an integral part of our mobile services: If you do not wish to use them, do not download the popshake application.

Data provided to BBS LAB by third parties

BBS LAB also obtains data, personal or non-personal, from the third parties referred to in C above. BBS LAB uses this data for needs compatible with this Policy. BBS LAB sometimes receives data provided by third parties, particularly in connection with the operation and distribution of our services, and as part of market research and demographic studies that we use to supplement the personal and anonymous data we collect, or that you provide directly to us. Some external services, such as Twitter and Facebook, may with your permission also provide us information about accounts that you have with them.
By using the popshake application through a social network or another platform or external service, or by connecting to such networks, platforms or services via our services, you authorize BBS LAB to collect, store and use, in compliance with this Privacy Policy, any information that, according to your settings on the social network or external platform, you have authorized the social network or other external platform to communicate to BBS LAB through the Application Programming Interface (API) of said social network / external platform. You grant your approval when you connect to the network, the platform or the external service via our services, and/or when you connect to, “agree,” or “authorize” (or similar terms) our application through a social network or another platform or external service. BBS LAB may also collect or receive information about you from other users of the popshake application who choose to upload email and other contact information. We will retain and use such data as a priority, in order to help you to connect to your friends. BBS LAB may also receive non-personal or public data from third parties as part of market research or demographic studies, and/or other data, which we use to supplement the personal information you have provided directly to us.

Future of the data collected by BBS LAB

Use of data concerning you by BBS LAB

BBS LAB uses data concerning you to meet your specific requests, to fulfill the orders you place, and to send you order confirmations and other information related to your account. In addition, the personal data you provide will allow us to send you messages to inform you, for example, of the launch of new services, new features and improvements, possible upgrade opportunities, or events that may be of interest to you.
You may also choose to stop receiving some of these communications sent by email or via notifications within the popshake application. BBS LAB also uses data of both a personal and non personal nature, both on their own and in combination, to improve your user experience, improve its services, better understand its customers’ preferences, resolve technical problems, place advertisements, conduct authentication activities, enforce its Terms of Use, and ensure the proper functioning of its services and improve them. We combine non-personal data with personal data, such as your email address, particularly in order to provide complete customer service and to customize our communications, offers and applications. When using friend-finding tools such as Facebook, Twitter or other external services within our mobile services, you acknowledge that the use of these friend-finding tools will help you to find contacts, and will also allow your contacts to link your account to your profile on the social network and/or to your email address. The resulting list of your friends will be subject to the provisions of this Privacy Policy.
The friends you choose to add will be able to find you and/or identify you within the various BBS LAB services, and see the profiles you have created.

Sharing of data concerning you with third parties

BBS LAB will never share personal data concerning you with third parties without your consent. We may however share with third parties aggregate data and/or public data, which do not permit you to be personally identified. In certain circumstances, you may in fact share this data yourself. You may also choose to allow BBS LAB to share your personal data with companies and organizations offering products and services that may be of interest to you. To stop receiving communications from a business partner or sponsor with whom your data has been shared, you must contact the company in question directly.
BBS LAB does not disclose to any third parties any personal information concerning children or adolescents less than 18 years of age who have registered, and does not share or disclose any personal data except as provided under the terms of this Privacy Policy. In the event of a sale or merger, the management of information regarding BBS LAB customers may be transferred to its successors or assigns, regardless of the age of the persons concerned. BBS LAB may at times use external service providers to collect personal data on its behalf, to provide e-mail sending services, product management services, or promotional operations, or credit card payment processing services.
When you use these services, you may be asked to provide your name, mailing address, phone number and email address to our service providers. We may ask some of our external providers, such as credit institutions, audience measurement or market research companies, to complete the personal data you have provided to us, as part of our own business surveys and demographic studies, in order to continually improve our services and the associated advertising, and to better satisfy the needs and preferences of our visitors. When our external agents or service providers collect any data other than non-personal, anonymous and/or aggregate data, BBS LAB asks them to use the data in compliance with our Privacy Policies. These third parties are prohibited from using personal data concerning you for any other purpose without your explicit consent. When a third party other than one of our service providers seeks to collect personal data concerning you, you will be notified in advance so that you can choose, with full knowledge, whether or not to share this data with third parties.
We may also access personal data, including personal communications, and disclose it as part of the illegal content reporting functions provided by our services, to enforce respect for rights and the law, or to comply with an order from a government body or any other competent authority, or if we have reason to believe that the information should be disclosed in order to handle damages, obstacles to the exercise of our rights, damage to our assets or our business activities, potential or real, or to handle situations where users or other persons are likely to be harmed or suffer losses or damage, or when we believe that such disclosure is necessary to protect our rights, combat fraud and/or comply with judicial proceedings, court orders, or procedural formalities served against us.
Some publicly available information that you publish and communicate regarding our services or on third-party sites and services constitute public information, which will not be subject to protection under provisions granted for the protection of personal data.

Data storage

BBS LAB is a French company and the majority of computer systems in which it collects, stores and uses the data that it collects or receives are located in FRANCE.

Deactivating your account

If you wish to deactivate your account(s), we will delete your information as desired. However, we may still preserve information concerning you in our archives, in order to resolve any disputes, enforce our Terms of Service, or due to legal requirements relative to the security and operation of our services. Send us your request to

support@popshake.co

Public data, user generated content, online forums and profiles

You may choose to disclose data concerning you when you contribute user content to the BBS LAB services or to our discussion platforms, in user profiles visible to everyone, or on other similar forums on our popshake application and/or on third party sites. The data communicated on any of these forums is not encrypted and is public: it may be recorded, and is not subject to any protection in regard to privacy or the protection of personal data. Any personally identifying data that you submit as part of these public activities may be read, collected or used by other users of these forums, and could be used to send you unsolicited messages. BBS LAB cannot be held responsible for any personal data you choose to disclose on any of these forums.

Contacts

For any questions regarding this Privacy Policy, please contact the Privacy Policy Administrator at the following address:

support@popshake.co