For the purposes of the GTU, unless otherwise noted, all references to "KOL" will therefore include KOL and its affiliates.
KOL is a French corporation which registered office is located 278 chaussée Fernand Forest, BP 90440 59203 Tourcoing cedex, France.
Legal representative : Denis Marchant
Contact email : firstname.lastname@example.org
Hosting provider : AWS Francfort
The Site is a video hosting platform (the “Platform”) accessible at the following URL address: www.viously.com developed and operated by KOL under the registered trademark entitled “KOL”. The Platform enables creators (the “Creators”) which own a KOL user account to upload their videos onto the Platform and broadcasters (the “Broadcasters”) to share such videos on their own websites and/or broadcasting spaces dedicated to online videos and/or on their dedicated channels within the Platform.
2.1 Site users
2.2 Use and access of the Platform as a Broadcaster
You can subscribe to the Platform as a Broadcaster by executing an agreement with KOL or by subscribing online to the terms and conditions related to Publisher in order to notably share the Creators’ videos on Your broadcasting spaces within and/or outside the Platform and to share with KOL advertising revenues associated to such sharing.
2.3 Use and access of the Platform as a Creator
You can subscribe to the Platform as a Creator by executing an agreement with KOL or by subscribing online to the terms and conditions related to Creators in order notably to share Your videos within the Platform and to enable their sharing on Broadcasters’ broadcasting spaces, and to share with KOL any advertising revenues associated thereof.
Access to the Platform and/or the Site is prohibited to individuals which are under thirteen of age. Consequently, by accessing and/or using the Site, You warrant that You are more than thirteen years old. In no event shall You try to access the Site if You are less than thirteen years old.
The subscription to the Platform as a Broadcaster and/or a Creator is prohibited to individuals which are under sixteen of age.
If You are between 13 and 18 years old with regards to accessing the Site, and/or if You are between 16 and 18, with regards to Your subscription to the Platform, You must obtain the prior written approval of Your parents and/or legal guardian.
KOL reserves the right, at its sole discretion, to limit and/or forbid access to the Site and/or the Platform, to limit the right to subscribe to the Platform as a Creator and/or a Broadcaster, and/or to terminate any Broadcaster and/or Creator account which violates the GTU, applicable laws and/or any third party right such as, without limitation, any intellectual property right.
3.1 Regarding the Site, the Platform and KOL’s trademarks
As a User, a Broadcaster and/or a Creator, You acknowledge and agree that the Site and the Platform may contain elements, materials and content (the “Content”) copyrighted and/or protected by patent and/or intellectual property laws.
You are not authorized, without KOL’s prior consent, to modify, copy, rent, share, sell, distribute or create any derivative work from the Content of the Site and/or of the Platform, in whole or in part, nor to proceed to, nor use the data extraction systems and/or data collection systems.
The name and logos of KOL are registered trademark owned by KOL (collectively « KOL’s Trademarks”). The other names and logos of KOL’s products and services used in the scope of the Platform are trademarks owned by their respective owners that may or may not be affiliated to KOL.
Nothing in the GTU should be construed as granting, explicitly or not, any license or right to use KOL’s Trademarks, without KOL’s written authorization in such case.
3.2 Regarding third party content
Broadcasters and/or Creators may upload on the Platform trademarks, materials, photographic and/or video content (together the “Third Party Content”) via their KOL account under their sole liability.
In no event shall KOL be liable, in any manner whatsoever, of Third Party Content uploaded on the Site and/or the Platform, including, without limitation, in the event of a claim arising from a Third Party Content, an error and/or omission related to a Third Party Content, or for any loss or damage resulting from and/or arising from the use of a Third Party Content.
As a User, You undertake to access the Third Party Content for Your personal use only, and as provided for and authorized by normal functionalities of the Site and strictly for streaming purposes. In the event where You wish to use the Third Party Content for any other purpose, notably for any commercial purpose, You should obtain the prior approval of the owner of such Third Party Content.
You must solely evaluate and bear risks related to the use of a Third Party Content notably with regards to the accuracy, completeness and usefulness of such Third Party Content.
You acknowledge and agree that any question, comment, suggestion, enhancement, idea, and other information regarding the Services (the « Propositions”) that you may supply to KOL are not confidential information and that KOL is entitled to use and disclose, without any restriction, the Propositions for any purpose, whether commercial or not, without any recognition nor consideration.
As a video hosting provider, KOL does not monitor the Site nor the Platform but reserves the right to takedown any Third Party Content which violates the GTU and/or applicable laws, notably any intellectual property right, after having obtained knowledge of such violation.
To that respect, KOL invites any User, Broadcaster and/or Creator to contact KOL when it considers that a Third Party Content violates one of its rights and/or applicable laws by sending an email to : email@example.com and according to requirements provided by laws regarding illicit content takedown. KOL will promptly takedown any Third Party Content after having received a legally valid takedown notice.
KOL makes no warranty with regards to the Site and/or Platform’s availability. KOL reserves the right to modify, suspend and/or delete any and all element of the Site and/or the Platform, and any information that it may contain at any time without any notification. Therefore, in no event shall KOL be liable for any actual or alleged damage incurred directly or indirectly, by any User, Creator and/or Broadcaster, in relation with the connection, consultation and/or use of information supplied by the Site and/or the Platform notably by any Third Party Content.
If Your use of the Site is blocked by KOL (notably by blocking Your IP address), You agree not to implement any measure aiming to circumvent such blocage (notably my hiding Your IP address or by using the IP address of a third party).
The Site and the GTU are governed by French law, wherever You are accessing and/or using the Site and/or the Platform from. In the event of a dispute regarding the GTU, the courts of Lille, France, shall be solely competent to hear such dispute.