Version n°2,4 in effects on 2014/11/01
Before subscribing and using the service https://www.myposeo.com, read carefully the Terms of Service contracted by you and the G4interactive Company.
ARTICLE 1: Definition
In the present general Terms of Service, the words beginning with a capital letter have the following meanings:
- « Web User » : visitor on the website www.myposeo.com,
- « Subscription » : subscription to the service www.myposeo.com,
- « Subscriber » and « Subscribers » : client having an access and a use license of the service,
- « Service » : the service www.myposeo.com,
- « G4interactive » : the G4interactive Company, owner and publisher of the service www.myposeo.com.
- « Premium » : myposeo package reachable after bill payment
ARTICLE 2: General remarks
The G4interactive Company is a simplified joint stock company with a capital of 15 152€, registered to the RCS of Bobigny under number B 521 362 822. The headquarters are located at 53, rue des Deux Communes, 93100 Montreuil. Intra-Community VAT number: FR47521362822.
The Subscriber can contact G4interactive by post at the following address: G4interactive, 53 rue des Deux Communes, 93100 Montreuil. By mail to: firstname.lastname@example.org.
Mr. Alexandre Sigoigne is the Publishing Director.
ARTICLE 3: Object
These general Terms of Service aim at defining the conditions for the provision of the Service for Subscribers.
A Web User is considered as Subscriber when he subscribes one Service’s plan.
Every use of the Service implies the acceptance and the respect of all the terms of the present general Terms of Service.
Where the Subscriber does not wish to accept all or part of the present general Terms of Service, he is not allowed to use the Service.
ARTICLE 4: Service
The Service is an online rank tracking tool for SEM (Search Engine Marketing) professionals and individual customers.
It is accessible from the URL http://www.myposeo.com and is published by the G4 interactive LLC Company.
Each Subscriber owns an access account to the Service secure with personal parameters (e-mail and password).
The Service works on the basis of a subscription of 3, 6, or 12 months payable in advance by the Subscriber.
G4interactive does not guarantee anything regarding the precision, the update or the appropriate nature of the content of a service or information from one or the other search engine.
ARTICLE 5: Prior registration, material means
To use the Service, the Web User has to subscribe online to access to it.
When a Service’s plan is accepted for free or for a fee, the user becomes the ‘Subscriber’. When checking the box ‘When checking this box I accept the general Terms of Service’, the Subscriber asserts to have read, understood and accepted the present general Terms of Service, to have given information that is correct, truthful, updated and complete.
He asserts to be over 18 in the eyes of French Law, be legally capable to use the Service and to accept the present terms unreservedly.
When a Subscriber registers and during the whole period of execution of the present terms, you are required to provide exact information like your identity and your postal details.
Fake information is forbidden under the law and may constitute a ground for liability on the part of the author. If the Subscriber provides fake information, incorrect, out-of-date or incomplete, G4interactive will be able to suspend or terminate the Contract and his account and to prevent him from accessing to all or part of the Service in the future on the terms stipulated in Article 6 of the present terms.
To get the Service, the Subscriber will first have to register filling the registration form accessible on line on the Site (hereinafter ‘The Form’ or ‘Registration form’).
G4interactive is not held responsible to users and third parties for the mistakes, omissions and inaccuracies that can be present in the information provided by the Subscriber.
The services directly rendered by G4interactive to the Subscriber are exclusively rendered via electronic and digital means.
To get G4interactive’s services, the Subscriber must necessarily have access to the Internet and have a e-mail address.
The Subscriber has therefore to take all measures to consult the information addressed by G4interactive and also to pay for the subscription necessary to the reception of the information and to keep all its equipment in good working.
It is particularly recommended that the Subscriber consult regularly his mailbox: information about the site and the services are sent to them on the e-mail address given when registering.
ARTICLE 6: Trial plan
Every Web User can subscribe to the trial plan.
G4interactive offers you a free trial version of the Service accessible during 15 days. You are not asked for any banking information when subscribing to the ‘FREE’ trial plan.
After the 15-days period, the Subscriber is invited to subscribe to a ‘PREMIUM’ pay plan.
If you subscribe, the Subscriber’s information will be transferred to this new ‘PREMIUM’ plan.
If he does not subscribe, the Subscriber will keep on having free access to his account for an additional period of 15 days.
He will only be able to transfer his account to a ‘PREMIUM’ plan.
After this 30-days period and except in case of a subscription to a ‘PREMIUM’ plan, the Subscriber’s account will be closed and the information will be definitely deleted.
The Subscriber makes a commitment to create only one account corresponding to his profile and he is not allowed to subscribe to several free plans of the Service, otherwise G4interactive reserves the right to limit the Subscriber’s access and to delete without previous notice the offender’s accounts and data, without prejudice to the powers to bring an action before the courts.
ARTICLE 7: Period / Termination
The Subscription enters into force on the day of the first payment made by the Subscriber to G4interactive for the subscription period (from 3 months to a year) defined on his invoice.
By the end of this period at the latest, the subscription is not tacitly renewed. The Subscriber has to do the renewal through his user access. G4interactive cannot in any circumstances be held responsible for not renewing a Subscriber’s Subscription.
The Subscriber can terminate his subscription through his account in the Service at any time or by registered letter with acknowledgment addressed to G4interactive.
The fee paid for the current period remains totally payable to G4interactive.
The Subscription only terminates at the end of the subscription period.
ARTICLE 8: The subscriber’s responsibility
The Subscriber is the only person responsible for his account, his data and his use of the Service.
He is also the only person responsible for the access to search engines or search domains.
ARTICLE 9: Member account and password
Each member can receive an e-mail that he has given when the registration is made to activate his account to the address provided when registering. In this case, the Service will be entirely accessible only when the Member does the whole activation process described in this e-mail.
The e-mail address and the password chosen by the Member when registering allow to access to the Service. The information are confidential.
The Member is the only person responsible for any use of his mail addresses and keyword, and the only person to ensure their confidentiality and every use of his account.
The Member makes a commitment to inform G4interactive immediately of any unauthorized use of his account and of anything that would compromise the confidentiality and the security of his means of identification, by mail to the following mail address: email@example.com.
If G4interactive has a legitimate reason to think that the security of the Service is violated or that it is misused because of an unauthorized use of the Member’s means of identification, it will be able to proceed to the account’s temporary suspension in order to preserve the Site’s integrity and data, and if appropriate, to demand the modification of these means of identification. If the Member wishes to proceed to the modification of his means of identification, he just has to go on the Site and to modify his parameters in the ‘My information’ section of his account.
If his means of identification fall in the hands of a third party because of him, the Member will be the only person responsible for any use of these means of identification and for the use of the Service made thereof.
G4interactive cannot in any circumstances be held responsible for the loss or damage because of the non-observance of the Member’s obligations stipulated in the present article.
ARTICLE 10: Conditions of use
The Service is not optimized for the Microsoft Internet Explorer browser (any versions).
G4interactive cannot guarantee the Service’s good functioning on a version of this browser. No claim, legal proceedings and application for repayment will be considered.
The service is functional on the following internet browsers: Chrome, Safari, Firefox in their versions updated after January 1st, 2009.
The optimal screen resolution for the use of the Service is 1024X768 pixels and the recommended resolution is 1280X1024 pixels.
The Service is accessible online from the Internet address https://www.myposeo.com and on the following platforms :
- iPhone App
- AIR Application
- Myposeo Drupal plugin
- Myposeo WordPress plugin
- Myposeo Thelia plugin
- Myposeo Magento plugin
- Myposeo PrestaShop plugin
- Myposeo Joomla plugin
The use of these additional plugins is made by the Subscriber under his own responsibility.
An Internet connection is necessary to access to the Service. The Subscriber admits to have an Internet connection to use the Service in the best conditions.
G4interactive accepts no responsibility for any cut or malfunction of the Service due, totally or partly, to a faulty or inappropriate connection of the Subscriber’s Internet connection.
The Subscriber admits that the use of the Service needs an automatic installation of one or several cookies on any computer. This (these) cookie(s) enable(s) to save the information concerning the use of the Service.
It is strongly recommended to authorize the installation of cookies in order to guarantee the Service’s optimal performances from the Subscriber’s Internet browser. However, the Subscriber has the right to refuse, knowing that the Service’s functioning will be less powerful.
The Subscriber makes a commitment not to access to other data by another means than his personal interface provided by the Service, except if the Subscriber was expressly authorized by G4interactive within the framework of a distinct and written agreement.
ARTICLE 11: Data Confidentiality
The Internet site ‘myposeo.com’ is declared to the CNIL under number 142320.
G4interactive collects personal data when a Subscriber registers.
G4interactive makes a commitment not to communicate the Subscribers’ personal data to a third party. The Subscriber is the only person to be able to access to his information (e-mail, personal information, keywords or other data belonging to him). His data are exclusively used by him, within the framework of the use of the Service.
In accordance with the Computer Science and Liberties Laws of January 6th, 1978, the Subscriber has a right to access, modify or delete his data. To exercise it, the Subscriber can contact G4interactive by e-mail to the address firstname.lastname@example.org.
After the Subscriber’s account is closed, the data is definitively deleted except those that can enable G4interactive to justify the execution of its legal or contractual obligations. The data that are preserved are kept during a limited period of time and are not used during this period.
ARTICLE 12: Deletion of a subsciber’s data
The present general conditions of use are applicable to every subscribed account, free or ‘PREMIUM’, until their termination.
The Subscriber can terminate his account at any time notifying it to www.myposeo.com by sending an e-mail to the address email@example.com.
Regardless the termination of his account by the Subscriber, the latter cannot get a repayment or a transfer, the lump sums paid being received irrevocably by G4interactive since the day of the payment.
ARTICLE 13: Interruption of the service
The G4interactive Company provides all the reasonable means at its disposal to guarantee the Service’s availability.
G4interactive or one of its licensers will not be held responsible for any malfunction of the network or its servers, or any other event that would be beyond its reasonable control, that would prevent or damage the Service.
ARTICLE 14: Responsibility limits
The Service is provided to the Subscriber without any guarantee of quality or use for a particular goal.
If G4interactive’s responsibility is involved and a mistake made by it is established, the compensation to which the Subscriber will be able to lay claim to would not exceed the sum paid by the latter for a 12-months subscription.
G4interactive providing data without interpreting them, the Subscriber is the only person responsible for the use he makes of the data, and in particular in his relations with third parties.
- will warn G4interactive about any request that will implicate it;
- will guarantee and holds harmless G4interactive against any resort that can be initiated against him from third parties, and particularly indemnifying him for the expenses that it would have involved for its defense, and also damages or provisions to which it would be condemned.
ARTICLE 15: Pricing
G4interactive reserves the right to modify the Service’s pricing without notice and notification.
The Subscriber having subscribed to a plan beforehand shall be concerned by this pricing modification when subscribing again, renewing or modifying his current plan.
In compensation of the Service granted to the Subscriber by G4interactive, the latter will have to repay, before the starting of each subscription period and for this subscription, the amount appearing on his purchase order or his invoice.
The payment can be made by several ways:
Online with a national or international credit card, by a secure SSL (Secure Socket Layer) transaction. The information given are encrypted and are not communicated to us.
By bank transfer or by check addressed to the G4interactive Company.
ARTICLE 16: Intellectual property
The Service is protected by copyright whose exclusive owner is G4interactive.
G4interactive is the holder of the Service’s ownership, of the documentation that goes with it, and of all the intellectual proper rights concerning the Service and the aforesaid documentation.
Therefore, every reproduction or total or partial representation of the service by any means without the express authorization of the G4interactive Company is forbidden and would constitute a piracy punished by the articles L 335-2 and the following of the code of intellectual property.
ARTICLE 17: Right of withdrawal
In the conditions provided in the articles L. 121-16 and the following of the consumer code, the consumers have a right of withdrawal.
It is reminded that a consumer is a natural person acting for the satisfaction of his personal needs, without any link with his professional activity. A legal or a natural person who would act for professional purposes and who would subscribe to a Subscription does not have a right of withdrawal. It is also reminded that G4interactive and the Subscriber did not agree on any derogation and that the use of the Service by the consumer during the withdrawal period is then construed as a waiver.
The use of the e-mail address and the password assigned to the Subscriber are valid proofs of use.
Article L121-20 of the consumer code: The consumer shall have a period of seven clear days to exercise his right of withdrawal without giving any reason nor paying penalties, except, if applicable, the costs of return. The consumer can break the time limit in case he would move and where simultaneously he would need to call upon an immediate service necessary to its existing conditions. In this case, he would continue to exercise his right of withdrawal without giving any reason nor paying penalties.
The time limit mentioned in the previous paragraph shall run from the reception for the goods or from the acceptance of the plan for services.
When the information provided in the article L. 121-19 were not given, the time limit for the right of withdrawal is three months. However, when the information are given in the three months that follow the reception of goods or the plan’s acceptance, the seven day period mentioned in the first paragraph shall start to run.
When the seven day period terminates on a Saturday, a Sunday, a public holiday or a day off, it is extended to the first following working day.
Article L121-20-1 of the consumer code: When the right of withdrawal is exercised, the professional is committed to pay the consumer back all the sums paid, as soon as possible and at the latest in the thirty days following the date when this right has been exercised. Beyond this date, the sum of money that is due shall accrue interest as of right at the standard interest rate that is in force at the time. The repayment can be made by all means of payment. On the professional’s proposal, the consumer that has exercised his right of withdrawal can however choose another means of repayment.
Article L121-20-2: The right of withdrawal cannot be exercised, except if the parties have reached another agreement, for the contracts:
1° For provision of services whose execution started before the end of the seven clear days time limit.
ARTICLE 18: Partial invalidity
The invalidity, the unenforceability or the nature deemed to be unwritten of one or several clauses of the contract shall not lead to the invalidity of the totality of these clauses.
ARTICLE 19: Claim
Every claim shall be addressed to G4interactive’s support exclusively to the headquarters’ address or by e-mail: firstname.lastname@example.org.
ARTICLE 20: Applicable law-Attribution of jurisdiction
The parties agree to submit the interpretation and the execution of the present contract to French Law, for the rules governing their form and for the basic rules, except its conflict-of-law rules and the Vienna convention on international sales of goods. Except by an express legal provision, every dispute concerning the conclusion, the validity, the interpretation or the execution of the present contract will be expressly attributed to the Commercial Court of Bobigny which is the only competent court in matter of jurisdiction, notwithstanding a plurality of respondents or a guaranteed appeal, even for urgent proceedings or protective urgent or on-demand proceedings.
ARTICLE 21: Cookies