Terms of Use

In force as of 07/14/2019 PABLO is an Application, designed, proposed and operated by the company UPINTOWN SAS, Capital of 1000 € whose head office is located 58 rue des Alouettes 75019 Paris, registered in RCS 840 332 530 of Paris. The associated e-mail addresses [email protected] and [email protected] are also his property.

We invite you to read the full Terms of Use which:
- describe your rights and those of PABLO
- describe the rules for using PABLO
- describe the conditions of access to PABLO content

Please also read our Privacy Policy.

Introduction

Welcome to the PABLO universe ("PABLO", "we", "our").
PABLO produces, distributes and exploits all cultural content and provides any personalized services in connection with this content via one or more digital platforms and the Internet.
By downloading PABLO, allowing you to access PABLO's services, and using them, you represent and warrant that you have read the Terms of Use, that you respect them and that you are at least 18 years old or that you are of legal age of majority in your country, or if you are under the age of 18 or have not reached the legal age of majority in your country, that you are aged at least minus 16 if you reside in the European Union, or 13 if you live in the United States or another country.

A PABLO account

At this stage of the MVP (Minimum Viable Product), the use of PABLO is free and without registration. You do not need to create an account.

The content of PABLO

We offer the consultation we own or on which we have promotion and dissemination agreements. Thus, the editorial content, photographs, images, texts and biography of the authors, performers and / or other rights holders are the exclusive property of PABLO and / or its licensors.

Access and use of the content will be limited to the scope provided by these Terms of Use.

PABLO's photographs, images and videos are digital files protected by national and international copyright and copyright laws. As such and in accordance with the provisions of the Code of Intellectual Property, only their copy in an exclusively private setting is allowed. Any use for purposes other than private exposes the user to civil and / or criminal prosecution. Any other use of these digital files is strictly prohibited and in particular any download or attempted download, any transfer or attempted transfer of a permanent or temporary and unauthorized, on the hard drive of a computer or any other device or any other support are expressly prohibited. Any resale, exchange or renting of these digital files is strictly prohibited.

The User declares to take note that the photographs, images or videos made available to him in the form of digital files as part of the service offered by PABLO are protected by technical protection measures to prevent or limit, within the limits technical constraints existing in the field and available technologies, uses of these elements not provided for in these general conditions of use and sale.

The User undertakes not to use any technical measure likely to circumvent the technical protection measures in order to download these digital files and to allow their storage in the storage unit of its receiving terminal. whatever it is (PC, mobile phone, etc.).

The User declares to take note that knowingly infringing a technical protection measure exposes it, pursuant to the provisions of Article L. 335-4-1 of the Code of Intellectual Property to the payment of a fine of EUR 3,750 and that the act of knowingly providing or offering to others, directly or indirectly, means designed or specially adapted to undermine a technological protection measure is punishable by a prison sentence of six months and 30,000 euros fine.

The provision of this content is therefore subject to your strict compliance with these Terms of Use at any time when using PABLO, including, without limitation, the following provisions:

• (i) You must not copy, rip or capture or attempt to copy, rip or capture any Content posted on PABLO
• (ii) You may not at any time adapt, copy, republish, make available or make public, display, transfer, share, distribute, use or otherwise exploit any Content except as provided by the Application features

Rules of good conduct

You must not use PABLO to upload, publish, store, transmit, display, copy, distribute, promote, make available or otherwise communicate to the public:

• any offensive, defamatory, pornographic or obscene content, advocating or inciting violence, terrorism, committing illegal acts or provoking racial, ethnic, cultural, religious, sexual or disability hatred , or any unacceptable Content in the sole discretion of PABLO.
• linformation, material or other material that violates, copies, misappropriates or infringes the rights of third parties, including, but not limited to, copyrights, trademark rights, rights to privacy or advertising, confidential information or any other right; or any Content that violates, infringes or contravenes any law, regulation, judicial decision or any Content that is unlawful or contrary to law in the sole discretion of PABLO.
• any document of any kind that contains viruses, Trojans, spyware, adware or malware, bots, time bombs, worms or other dangerous or malicious components that overload, damage or disrupt the service, servers or networks that are part of or connected to the service, or that may restrict or prevent any other use of the service by the user;
• or unsolicited or unauthorized advertising, promotional messages, spam or any other form of solicitation.

You must not engage in or participate in any conduct that would constitute a criminal offense, give rise to civil liability or in any way violate any law or regulation, or encourage, induce, solicit or promote such conduct.
You must not harass, exploit, threaten or insult in any way other users or employees of PABLO.
You must not sell, assign or offer to sell or assign any PABLO Account to any third party without the prior written consent of PABLO.
You must not collect or attempt to collect personal data or any other type of information about other users, including, without limitation, through spidering or any form of scraping.
You must not violate, circumvent or attempt to violate or circumvent any data security measure implemented by PABLO; access or attempt to access data or documents not intended for your use; log in or attempt to connect to a server or account that you do not have access to; Attempt to scan or test the vulnerability of the PABLO servers, systems, or network, or attempt to violate PABLO authentication or data security procedures; attempt to disrupt PABLO by any means, including, without limitation, by hacking PABLO servers or systems by submitting a virus or by flood, electronic bombing or crashing. Without limiting any other right or remedy of PABLO under these Terms of Use, PABLO reserves the right to investigate any situation including any of the above and is likely to report such behavior to the judicial authorities competent authorities and to collaborate with them to take legal action against any user who has participated in these violations. Violation and reporting of User Content.

PABLO is committed to respecting the rights of intellectual property owners. If you believe that any Content infringes your intellectual property rights or other rights, we invite you to report it to us via the notification form in the app by clicking on "Report Content" from the options on any page. broadcast or episode.

PABLO may, in its sole discretion, remove such Content or access or otherwise take such action as PABLO may consider appropriate without prior notice to the user or other party who has provided or posted such Content. If that user or other party believes that the Content does not infringe the intellectual property rights, he may submit a counter-notification to PABLO with a request to restore the deleted content, which PABLO may or may not respect, in its sole discretion.

Responsibilities

The responsibility of PABLO can not be held in case of non-performance or breach by the User to these Terms of unforeseeable and insurmountable fact of a third party or in case of force majeure as defined by Article 1218 of the Civil Code. As a simple publisher of the Service, PABLO can not guarantee the quality of the Internet network, nor its access and can not guarantee the absence of interruption of the Service specific to the Internet.

Consequently, PABLO can not be held responsible for the opening and viewing speeds of the pages of the service, the speed of listening to the phonographic recordings, the temporary inaccessibility to the service, since these problems are related to Internet and mobile internet networks over which PABLO has no control, as well as the fraudulent use by third parties of information made available on the Application. Accordingly, it is the User's responsibility to protect his computer or other equipment against any form of intrusion and / or contamination by viruses, PABLO can in no way be held responsible for an interruption and / or contamination by viruses of its material resulting from a fault, clumsiness or negligence of the User. PABLO can not be held responsible for any malfunction or deterioration of the User's material resulting from a fault, mistake or negligence of the User or unforeseeable and insurmountable fact of a third party.

More generally, PABLO disclaims any liability if a breach of any obligation was the result of a force majeure or fortuitous event, including, but not limited to, disasters, fires, internal or external strikes, internal failures or failures, or externally, and in general any irresistible and unpredictable event that does not allow the proper execution of orders.
In any case, PABLO can not be held responsible in the event that the proposed service is incompatible with certain equipment and / or functionalities of the computer hardware of the User.
Finally, PABLO can not be held responsible for any misuse made by the User, nor for the use of the user's account made by a third party to whom the user has communicated his identifiers or who would have access to the account following a fault, clumsiness or negligence on the part of the User. The User undertakes in these cases to make his personal case any claim, claim, or opposition and more generally any proceedings against PABLO from a third party. It is expressly agreed that PABLO can not be held responsible for any fraudulent exploitation of Content that may occur without its knowledge or in violation of these Terms and Conditions including any illegal downloading of the Content.

Use of Ticketing Service and Applicable Rules of "Third Party Applications"

This version offers access to online ticketing by affiliation through our partner FnacDarty Tickenet. Through this partnership, the user will be guided if he clicks the book button of the application on the sales platform of FnacDarty Tickenet. PABLO allows FnacDarty Tickenet to manage the receipt of ticket receipts. PABLO is thus an affiliated partner status.

The contractual commitment in the context of the organization and sale of tickets takes effect exclusively between the ticket purchaser and the respective organizer. The affiliate partner only participates with FnacDarty Tickenet in ticket sales as part of the contractual relationship.

Subject to strict compliance with these Terms, we grant you a limited, personal, non-exclusive, revocable, non-transferable, non-transferable license to use PABLO, to consult the Published Content, to listen to Multimedia Content broadcast from PABLO or offline using the features of the PABLO service platform.

PABLO may interact with third-party applications, websites and services ("Third Party Applications") as well as third-party devices. These Third Party Apps and Devices may have their own terms and conditions and privacy policies which will govern your use of such Third Party Apps and devices. You understand and agree that PABLO does not validate and is not responsible for the behavior, functionality or content of any third-party Application or device or any transaction that you may enter into with the provider of such Third-Party Applications and Devices, and that PABLO does not guarantee the compatibility or the continued compatibility of the Applications and third-party devices with the service.
PABLO can not be held responsible for the malfunction of hypertext links on the Application linking to third party websites (and whose integration has been made by PABLO) or for their content and in particular advertising, products, services and / or any other material available on and from such sites or third party application.

Data protection, privacy and cookies

All personal data that you transmit to us in connection with your use of PABLO is collected, stored, used, disclosed, and otherwise processed by PABLO in accordance with our Privacy Policy. In addition, like most online services, we use cookies to help us understand and know your viewing habits and allow us to continually improve the service and content we offer. The way we use cookies and how to disable them is explained in our Privacy Policy.

Entire agreement

These Terms of Use and the Privacy Policy constitute the entire agreement between you and PABLO.

Nullity of a clause

In the event that one of the provisions of these GCU-CGV would be declared invalid or unenforceable for any reason whatsoever, the other provisions will remain applicable without change, except in cases where the contract could not survive without it.

Governing Law - Claims and Litigation

These Terms are subject to French law. Any complaint relating to the application of these Terms will be sent to our Customer Service at the email address: [email protected]

In case of dispute, the parties will seek an amicable solution before any legal action. In case of failure of these attempts, any disputes as to the validity, interpretation and / or execution of these general conditions of use and sale shall be brought even in case of plurality of defendants or warranty before the competent courts.