These LeClap.Club Terms of Service (the "Terms and Conditions") rule the relationship between LeClap.Club, a French Société par actions simplifiée with a share capital of 500 euros, registered with the Trade and Commerce Register of Créteil under the number XXX XXX XXX, having its registered address at 108 rue de l’enregistrement, 75000 Paris, France, represented by Jules Maregiano duly authorized for the purposed hereof ("LeClap.Club") and any person registered in its own name or in the name and on behalf of a legal entity (the "User") wishing to use the services offered on the LeClap.Club application accessible at the address https://leclap.club (the "Application").
LeClap.club and the User are hereinafter referred to individually as a "Party" and collectively as the "Parties".
If the User is a legal entity allowing its employees, delegates, directors and/or subcontractors to access the Application (these persons are hereinafter indistinctly referred as a "User"). In such a case, the legal entity undertakes to bring these Terms and Conditions to their attention. It guarantees that these persons will comply with these Terms and Conditions and, in any case, further warranties LeClap.Club for any breach by these Users of these Terms and Conditions.
These Terms and Conditions define the conditions under which the User can use the Application.
Any registration on the Application implies unreserved acceptance of the Terms and Conditions, which the User acknowledges having read and understood.
Terms and expressions whose first letter of each word is in capital letters have, within the Terms and Conditions, the meaning assigned to them below, whether they are used in the singular or plural.
The Application shall refer to ...
In order to register on the Application, the User must complete every field of the registration form with full and accurate information. The data for which communication to LeClap.Club is mandatory are identified as such when the User is registered.
The User represents and warrants that s/he will be using the Application in the course of her/his professional activity and, as a consequence, s/he shall not be considered as a consumer under applicable law.
In case of an incomplete or erroneous declaration the User's account may be deactivated, ipso jure, without notice and without further formality. The User acknowledges that LeClap.Club shall not be held liable for any of the consequences that may arise from such an erroneous or incomplete declaration.
The User declares that s/he is able to enter into contractual relationships. Any User being under legal age warranties that s/he received the approval of her/his parents or of the person exercising the parental authority.
The registration and the creation of a User account is done using the email address that the User communicated to LeClap.Club and the password s/he chose (for security and confidentiality reasons, it is recommended to the User to select a password composed of several types of characters and modify it on a regular basis) or through a third-party connexion module.
The personal account of each User allows her/him to update her/his personal details.
The login name and password are personal and should not be disclosed to third parties. All uses of the Application done using the login name and password of the User shall be deemed to have been performed by said User.
In case of disclosure of the User's login name and password, the User must connect to the Application at the following address http://leclap.club/users/password/new in order to regenerate a new password.
Users are personally responsible for setting up the IT and telecommunications resources required to access the Application. LeClap.Club is exercising its reasonable endeavours to ensure that the Application is accessible twenty-four (24) hours a day, seven (7) days a week.
LeClap.Club reserves the right, without notice or compensation, to temporarily or permanently close the Application in order to perform maintenance operations.
LeClap.Club may make any changes and improvements to the Application that it deems relevant.
The Services allow the Users to join Clubs in order to automatically do some Actions on their social media accounts. By having entered his Cookies and joined a club, a User accepts LeClap.Club to like on his behalf, all Content published by other members of that Room.
The nature of those Actions revolves around common social medias interactions. The most common being “liking” pieces of content. But Actions are not limited to that and can change as the Application evolves.
Access to and use of the Application are offered by LeClap.Club at the prices featured on the relevant page, which can be found at the address https://leclap.club/pricing.
Some subscriptions (and in particular free subscriptions) are subject to certain usage restrictions (e.g., number of rooms, daily likes limit), which are set out on the above mentioned pricing page.
The User takes out a subscription for the period that is defined at the time said subscription is taken out (the "Initial Period"). At the end of the Initial Period, and of each successive subscription period, the subscription will be automatically renewed for the same period of time, except in case of early termination under the conditions set out in these Terms and Conditions. LeClap.Club invoices the subscription monthly, in arrears.
The cost of the subscription is liable to be given in Euros (€), American Dollars ($) and/or Pound Sterling (£), including all applicable taxes (depending on the regime that applies to the User) and is applicable from the date on which the User order is validated.
Orders can be paid online using a credit card, through the Stripe platform.
By accepting the Terms and Conditions, Users also accept the terms and conditions of use of the payment service provider Stripe available at the following URL address: [to be completed].
The User warranties to LeClap.Club that s/he has the necessary authorisation to use the payment method that s/he selected when validating the order. The purchase will be debited from the User's account at the time the order is processed. LeClap.Club will take all necessary steps to ensure the security and confidentiality of data provided online. The transaction will be processed on the Stripe platform, which alone will have access to the credit card details provided on the Application at the time of payment. LeClap.Club reserves the right to suspend the processing of any order and any delivery if credit card payment authorisation is refused by an officially accredited organisation or in case of non-payment. When the payment method has been selected, the User must pay for the order using the secure Stripe interface, which will legally finalise the purchase agreement that s/he has made with LeClap.Club. Online provision of credit card details and the final validation of the order by the User constitute proof of order and all sums due for the products selected in the order will become payable.
In case of failure to pay a subscription instalment, the User's access to the Application will be immediately suspended.
The Users undertake to:
(i) have the necessary authorizations to access websites;
(ii) comply with the terms and conditions of use of the websites they connect to through the Rooms;
(iii) not to violate any law, statute, ordinance or regulation, including, without limitation, the laws and regulations governing the protection of personal data. In any case, LeClap.Club has, a priori, no control over the operations carried out and/or other content of the Users on the Application because the Users decide on their use.
The Users acknowledge that LeClap.Club shall in no event be held liable in the event that the Marketers fail to comply with the provisions of this Article 5.1.
(iv) In the absence of the prior written authorisation of LeClap.Club, it is prohibited to publish or to transmit, on or using the Application, content of an illegal, threatening, humiliating, defamatory, obscene, hateful, child pornographic or blasphemous nature, or any other message that could constitute a crime or an offence, that could incur civil liability, breach legislation or incite others to do so, or content that could be used for any purposes that are contrary to law or to these Terms and Conditions;
(v) It is also prohibited use the Application in such a way as to, from our point of view, either negatively impact the performance or the functionalities of the Application, or of any other computer system or network used by LeClap.Club or by any other third party, or negatively affect Application’s Users;
(vi) Finally, it is forbidden to download or transmit into the Application or use any hardware, software or routines containing viruses, Trojan horses, worms, time bombs or other programs and processes designed to damage, interfere with or attempt to interfere with the normal operation of the Application, or to appropriate the Application, or to resort to any means whatsoever to saturate our systems or breach third party rights;
The user is reminded that articles 323-1 and following of the French Penal Code provide for sentences of up to five (5) years in prison and fines of up to 150 000 Euros for the following:
(i)fraudulently accessing and remaining in an automated data processing system;
(ii)fraudulently deleting, modifying or adding data into that system;
(iii)the fact of obstructing such system.
LeClap.Club undertakes to respond promptly to any request related to a use of the Application that is obviously illegal and that would breach the rights of a third party. To this end the User (i) acknowledges and accepts that its use of the Application may be immediately suspended, temporarily or definitively; and (ii) warrants LeClap.Club for any harm, expense or damage that such a use of the Application could create for it.
Intervention by LeClap.Club on the Application is strictly limited to:
(i) those operations necessary for the provision of developments ordered from LeClap.Club by a User;
(ii) maintenance and/or support required to keep the Application operational;
(iii) deleting obviously illegal content hosted on the Application and of which LeClap.Club has been made aware.
LeClap.Club grants to the User a personal, non-exclusive, non-transferable, without right to sub-license, right to use the Application in the entire world, as long as the User's account is active on the Application.
The Application shall refrain itself, directly or indirectly, and shall refrain any person that is to use the Application on its behalf (including its employees, agents, business partners and sub-contractors), unless with LeClap.Club's prior express written consent, from:
(i)decompiling , disassembling the Application, carrying out reverse engineering to create products derived from the Application or attempt to discover or re-create the source code, the ideas on which it is based, the algorithms, file formats or programming or inter-operational interfaces of the Application except within the limits of the rights granted under article L. 122-6-1 of the French Intellectual Property Code, in any way whatsoever. If the User should wish to obtain information to allow the Application to interact with another software, the User undertakes to request such information from LeClap.Club, which may provide the User with the required information, subject to payment by this latter of the associated costs;
(ii)fixing, alone or with the assistance of a third-party provider, any defect of the Application in order to have it conforming to its destination, LeClap.Club exclusively reserving this right in accordance with article L. 122-6-1 I 2° of the French Intellectual Property Code;
(iii)suppressing or deleting any reference or label related to the intellectual property rights of LeClap.Club and/or of any third party;
(iv)transferring, using or exporting the Application in violation of applicable legislation;
(v)integrate or associate the Application with other software or documents or create compose or derivate works relying on all or part of the Application;
(vi)performing any use of the Application other than those allowed under these Terms and Conditions.
LeClap.Club respects the privacy rights of the User and recognizes the importance of protecting the information collected about him/her. This Article 7 is about how LeClap.Club collects, stores, and uses the personal information that the User provides to it.
LeClap.Club will, for its own use, process personal data related to the User, those data being (i) communicated by the User at the time of it registration or (ii) later on through her/his personal account on the Application.
The information for which a communication to LeClap.Club is mandatory are identified as such upon registration and/or the purchase of a service.
Unless upon request or with the express consent of the User and in strict compliance with his/her directives, LeClap.Club will not proceed with any other personal data processing other than those describes in this Article 7.
By registering, subscribing or using LeClap.Club services, the User consents to the use of his/her personal data in line with these Terms and Conditions.
Furthermore, in order to use the Application and benefit from LeClap.Club’s services, the User accepted the terms and conditions.
This document formalizes a contractual relationship between the User and LeClap.Club, which serves in particular as the legal basis for the collection and processing of the User's personal data by LeClap.Club.
Personal data gathered by LeClap.Club are processed for the following purposes:
(i)Access and use of the Application, understood as the consultation of the accessible information of the Application;
(ii)Sale of services;
(iii)Order management (e.g., payment, billing);
(iv)Statistical and market analysis, and marketing information;
(v)Where required by law or in connection with legal proceeding or disputes;
(vi)Manage requests for the exercise of the rights listed in Article 7.4 below;
(vii)Any other use allowing the improvement of the Application and/or any other services provided by LeClap.Club.
The User has the right to consult, rectify, delete, object and portability their personal data. He/she also has the right to define guidelines on the fate of personal data after his/her death.
In addition, the User may oppose, limit or withdraw her/his consent.
To exercise any of those rights, the User shall use the account management access provided to him/her or contact LeClap.Club on firstname.lastname@example.org, mentioning her/his name, surname and e-mail address.
The personal data of the User are kept for a period of three (3) years from their collection.
Audience measurement statistics shall not be kept for more than thirteen (13) months.
At the end of this period, the closure of a User's personal account triggers the deletion of all personal data allowing identification of the relevant User, with the exception of the data needed to be able for LeClap.Club to fulfil its legal obligations (e.g., billing data).
Certain data may be archived beyond the time limits provided for (i) in the event of contentious proceedings in order to establish the reality of the facts in dispute; and/or (ii) for the purposes of investigating, establishing and prosecuting criminal offences for the sole purpose of making such data available to the judicial authority as necessary.
LeClap.Club may temporarily and securely transfer certain personal data of the User to third parties when necessary:
(i)the execution of the order placed by the User via the Application (e.g. payment service provider);
(ii)in response to an injunction from the legal authorities.
The User's personal information, and in particular email address, is not rented, sold, exchanged or shared with any other service providers if the User has not expressly accepted to receive promotional offers from other companies likely to be of interest to the User.
When LeClap.Club uses the User information as described in this policy, this may involve sending your information outside the European Economic Area (EEA). When LeClap.Club does this, LeClap.Club makes sure that appropriate steps are taken to protect the User's personal information and rights.
All personal information that the User provides to LeClap.Club is strictly confidential.
Apart from generating statistics on Application use, these traffic analysing cookies will also, in association with certain types of advertising cookies (used on third party Applications and/or contents when the User accesses them), deliver more relevant Web advertising.
(i)For Mozilla firefox: http://support.mozilla.org/fr/kb/activer-desactiver-cookies?redirectlocale=fr&redirectslug=Activer+et+d%C3%A9sactiver+les+cookies;
(ii)For Microsoft Internet Explorer: http://windows.microsoft.com/fr-FR/windows-vista/Block-or-allow-cookies;
(iii)For Chrome : https://support.google.com/chrome/answer/95647?hl=fr&hlrm=en;
(iv)For Safari: http://www.apple.com/support/?path=Safari/3.0/fr/9277.html;
(vi) For Google (AdWords Remarketing): https://www.google.com/settings/u/0/ads/authenticated?hl=en;
(vii)For Google (Google Analytics): https://tools.google.com/dlpage/gaoptout.
For business purposes LeClap.Club collects, handles and stocks statistical data on Application use.
This information may be transmitted to third parties, is anonymous and does not reveal in any way whatsoever your identity, even indirectly.
The Application is the exclusive property of LeClap.Club.
All content that has not been put online by the User, and in particular, all data, functionality, text, names, designations, images, photographs, graphics, trademarks, sounds, is the exclusive property of LeClap.Club or its licensees. These Terms and Conditions shall not be construed as transferring any one of LeClap.Club’s rights. Not one of these elements may be downloaded, copied, modified, deleted, distributed, transmitted, broadcast, sold, hired, granted or used in any way whatsoever, without the prior written express agreement of leClap.Club or its licensees.
The Parties expressly agree that LeClap.Club is acting as a hosting provider for the contents and, as such, it has no general obligation to monitor the contents that is made available and/or broadcasted from its Application.
To the full extent permitted by applicable law, LeClap.club expressly waives all warranties towards the Users. LeClap.Club does not guarantee that there will be no bugs and, as a consequence, does not guarantee that use of the Application will be uninterrupted and error-free. The User acknowledges in particular that Internet transmissions are not secured and may be delayed, lost, intercepted, corrupted, and that confidential information is transmitted over the Internet by the User at his/her own peril.
To the full extent permitted by applicable law, the User acknowledges that the Application is provided "as is"and as such LeClap.Club shall not be liable for any damage, direct or indirect, whatever the grounds, which may have been suffered by fact of using the Application, and therefore waives any claim for compensation. If LeClap.Club should be ordered to pay a financial penalty for any reason whatsoever, the Parties expressly agree that the amount of said penalty shall not exceed the amount of the sums actually paid by the User during the last six (6) months of subscription, which the Parties agree would be a fair amount in view of their respective undertakings in these Terms and Conditions.
Within the limits permitted by applicable statute, the User may only hold LeClap.Club liable for breach of these Terms and Conditions for a period of one (1) year from the date at which the breach in question arose, which the User specifically acknowledges and accepts.
The User may terminate his/her subscription by sending an e-mail to email@example.com. The termination of the Subscription shall be effective upon expiry of the ongoing Subscription period.
Would s/he wish so, the User may request that LeClap.Club deletes its account.
LeClap.Club reserves the right to (i) suspend access to the Application or to certain functionalities of the Application, or to (ii) terminate the account of the User by right, without notice, with no further formalities and no indemnity being due, by electronic mail or by regular mail, in the following cases:
(i)The User has been using the Application in a way which is contrary to public order and decency;
(ii)The User has breached the intellectual property rights of LeClap.Club and/or a third party;
(iii)Loss, misappropriation, unauthorized or fraudulent use of a username and password by the User;
(iv)Conception, use or provision via the Application of any content that is unlawful or in breach of these Terms and Conditions;
(v)If an account is terminated the User may no longer use the Application from his/her account, which will be closed.
LeClap.Club reserves the possibility to interrupt, at any time, temporarily or permanently, access to the Application. In case of a definitive interruption, the User will be informed by any means that should be deemed appropriate by LeClap.Club.
LeClap.Club shall under no circumstances be held liable to the User or to any third party for the termination and/or suspension of the User's account under the conditions set out in this article.
In accordance with the provisions of article 6, I, 7° of law n° 2004-575 dated June 21 2004, LeClap.Club has no general obligation to monitor the information that it hosts on the Application.
If the User should find that content put on line on the Application and/or accessible via a hypertext link breaches applicable statutory or regulatory provisions, and in particular constitutes obviously unlawful content (e.g., infringing of a third party's rights, defamatory), the User can notify LeClap.Club by sending an email to firstname.lastname@example.org.
The User must supply LeClap.Club with all of the necessary information so that LeClap.Club can identify the content in question and/or point it out to the editor or the administrator of the Application on which the unlawful content is broadcast, such as:
(i)Name, surname, profession, home address, nationality, date and place of birth (for an individual) or company form, name, registered head office and legal representative body (for a company);
(ii)description of the disputed facts and their exact location;
(iii)the reason for which the content must be withdrawn, including reference to the legal and factual basis.
LeClap.Club reserves the right, at any time, to modify these Terms and Conditions of use and sale as it may deem to be necessary and useful.
If any modification of these Terms and Conditions arises, LeClap.Club undertakes to submit the new Terms and Conditions to the User's acceptance the next time said User connects to the Application.
The User will be able to access them through her/his personal account and on the Application.
Any User who does not specifically accept the new Terms and Conditions may terminate his/her account in application of these Terms and Conditions Article 11.3 stipulations.
If one or other Party fails to exercise any one of its rights under the terms of this Agreement whatsoever, this shall not be deemed to be a waiver of that right, such waiver only to be deemed to have been given when expressly declared by the Party in question.
Unless expressly stated otherwise, the Parties shall remain independent contractors and no provision of these Terms and Conditions shall be construed as creating between the Parties any partnership, company, nor any relationship of agent or commercial agent.
If one or more of the provisions of these Terms and Conditions should be held to be invalid by a competent court, the remaining provisions shall retain their scope and effect.
The provision that has been held to be invalid shall be replaced by another provision, the scope and meaning of which shall be as close as possible to the scope and meaning of the invalidated provision, in compliance with the applicable legislation and the mutual intent of the Parties.
These Terms and Conditions are governed by French law.
Any dispute related to the conclusion, the interpretation, the enforcement and/or the termination of these Terms and Conditions is submitted to the exclusive competence of the Paris Courts, notwithstanding plurality of defendants.