The purpose of the present general conditions of use is to define the terms and conditions of use of the services offered on the application (hereinafter "the Services"). The purpose of Motuu and the Services offered is to allow you to search, consult and view travel-related content, as well as to share it. This service is offered subject to our ability to identify you. The Services offered by Motuu include:
- Publishing, sharing and saving image, video or text content;
- Reading and viewing image or text content shared by other users;
- The identification of places through their name, their address and the use of tags defined by the user.
1. Operator of the Platform services
The services offered on the Motuu Platform are exclusively operated by the Motuu company. Motuu's interlocutors can be contacted at the following coordinates:
- 59 rue de Paris, 94220 Charenton-Le-Pont
Any person who does not check the box accepting the present GTU in the registration form, and who does not wish to be bound to Motuu by the present GTU will be denied access to the Services.
This web Platform is the exclusive property of the Motuu company, and consequently of its managers, co-founders of the Platform.
If a condition is missing in the present GTU, it will be considered as being governed by the practices in force in the sector of user generated content (UGC) and distance selling in accordance with French law. If you have any questions that are not answered in these terms and conditions, please contact us by email at firstname.lastname@example.org.
3. Motuu Platform End User License Agreement (EULA)
The use of the Platform is governed by a legally binding contract, the End User License Agreement (the "EULA", the "License", or the "Agreement" hereinafter), between Motuu and any user, natural or legal person.
By using the Platform, you acknowledge that you have read and understood this agreement (as well as these GTU), you accept all the terms of this agreement and agree to be bound to Motuu by it. If you do not accept these terms, you may not use the Platform or any of the services offered by Motuu.
Granting of the License
Subject to the terms, conditions and restrictions of this EULA, Motuu hereby grants you a limited, personal, non-exclusive, non-transferable, non-assignable license without the right to sub-license.
This License allows the User to use the Platform and the services made available by Motuu in strict compliance with the rules described in these GTU. Only users who have accepted these GTU and, indeed, the conditions of this License, at the time of their registration, are authorized to use the services of the Platform.
The User License is personal and cannot be transferred to a third party. The user agrees not to keep any copy of the Motuu software versions, other than for normal use of the services as defined by the present GTU.
The granting of the License to use the Platform and its services is subject to Motuu's disclaimer and limitations of liability set forth in paragraphs 14 and 15 of this GTU.
Except as otherwise provided herein or expressly agreed by Motuu, you may not and will not permit any third party to:
- sell, rent, license, sublicense, assign, distribute, publish, transfer or otherwise make available your Service Licence to any third party for any reason whatsoever;
- copy, reproduce, republish, upload, publish or transmit the Platform in any way;
- decompile, disassemble, decode, reverse engineer or otherwise attempt to derive the source code (or underlying ideas, algorithms, structure or organization) of the Platform in whole or in part;
- alter or perform any malicious act on the trademark or trade name, copyright or other proprietary notices;
- attack or attempt to undermine the security, integrity, authentication or intended operation of the Platform
- use the Platform to create a competitive offering or to create other software, products or technology to harm Motuu and the Platform
- generally, engage in prohibited conduct as defined in paragraph 11 of these GTU;
- create and share content that is part of the list of prohibited content as defined in paragraph 10 of these GTU.
More generally, the granting of this License to any user is effective under the condition that the user respects all the rules of the community provided in these GTU.
All rights reserved
The Platform and its Services are licensed under this EULA and not sold. Motuu retains all right, title and interest in and to the Platform and its services, as well as all copyrights, trade secrets, patents, trademarks, derivative works and other intellectual property rights, including moral rights, registrations and applications. The user does not acquire any property rights in the Platform
Motuu's intellectual property rights are valid and protected in all forms, media and technologies existing or future.
Motuu may, at any time, in its sole discretion, develop and provide updates to the Platform, which may include upgrades, bug fixes, patches, other error corrections and/or new features. These updates may also modify or remove certain features in whole or in part. You agree that Motuu has no obligation to provide updates or to continue to provide or enable features. The user will be able to:
- Check via the tools available on their application store for updates available for the Platform;
- Receive a notification, email or message from Motuu, or be prompted to download and install available updates.
The user is warned that it may be necessary to quickly download and install the updates proposed by Motuu in order to continue to enjoy the services fully and correctly.
Termination and waiver
No waiver of any breach or failure to exercise any option, right or privilege under this EULA on any occasion by Motuu shall be construed as a waiver of any subsequent breach or right to exercise any option, right or privilege.
User agrees to indemnify and defend against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, penalties, fines, costs or expenses, including reasonable attorneys' fees, arising out of or relating to User's use or misuse of the Platform and its Services or any breach of this Agreement.
The Applicable Law is specified in Section 17 of this GTU.
4. Accessibility to the Platform and Services
Access to Motuu is authorized in the framework of the respect of the present GTU as well as the laws in force. Any User wishing to create an account on the Platform undertakes to provide accurate and complete information. In this respect, it is forbidden to create an account usurping the identity of a third party or presenting in a misleading way a link with a person or entity.
The Services offered on the Platform are accessible to any User who has access to the Internet and the equipment to access it.
Ces Services sont accessibles gratuitement. Tous les coûts de structure ou de matériel, y compris l’accès à internet, sont à la charge de l’Utilisateur exclusivement.
Motuu ne pourra en aucun cas être tenu responsable en cas de dysfonctionnement de l’équipement matériel et de l’accès à internet.
Access to the Services and use of the Platform is prohibited for children under the age of 13. Motuu is only accessible to Users who have reached the age at which the laws of their country allow them to give their consent to the processing of data. On the other hand, the services are only accessible to natural persons who have full legal capacity to use them or, if applicable, with the consent of their legal representative. Finally, any natural person may use the services in the name of a legal entity only if he or she has full legal capacity to contract in the name and on behalf of that legal entity.
The use of Motuu's integrated banking services, and in particular the "Wallet" functionality, is only authorized to persons over 18 years of age. For more information about the "Wallet" functionality, please refer to the dedicated section.
Use of the Platform may include downloading the software or a shortcut to the Platform on a computer or mobile device. You agree that we may automatically update the Platform, and these terms will apply to any such update.
We reserve the right to unilaterally terminate or suspend the access or use rights of any User of the Platform for any reason without prior notice. Upon termination of our relationship, the User whose access or use rights have been restricted or suspended shall remain bound by these terms and conditions with respect to the User Content.
6. The User Content
The purpose of Motuu is, among other things, to allow you to share photos, videos and text publications, possibly including links and comments. You then retain all relative rights and are solely responsible for the User Content that you publish on Motuu.
By publishing User Content, the User guarantees that he/she has all the rights and authorizations to publish it on the Platform. He/she commits himself/herself to the fact that the aforementioned Content is legal, does not infringe public order, good morals or third party rights, does not violate any legislative or regulatory provision and, more generally, is not likely to bring into play Motuu's civil or penal responsibility.
You agree to respect the laws and regulations in force and to use only content (texts, photos...) on which you have the necessary rights for their distribution or have obtained prior authorization from the rights holder.
You grant Motuu and our other Users a worldwide, non-exclusive, royalty-free, transferable license to use, store, display, reproduce, modify, create derivative works from, perform and distribute your User Content on Motuu for the sole purpose of operating, developing, offering and using Motuu. We reserve the right to remove or edit User Content, or change the manner in which it is used on Motuu, in the event that we believe it violates these Terms or any other policy. This may be done unilaterally without notice.
After you close or deactivate your account or if you delete User Content from Motuu, we may retain your User Content for a reasonable period of time for backup, archival or monitoring purposes. Copies of content shared with others may remain, even after you delete the content from your account.
If you choose to post User Content, comments, ideas or feedback, you agree that we are free to use them without restriction or compensation to you. By accepting your posting, Motuu does not waive any right to use similar or related feedback already known to Motuu, written by its creators and operators or obtained from sources other than you.
7. Shared data
By creating an account on Motuu and by using the Services made available, the User expressly accepts that the data shared and recorded on the Platform and on Motuu's equipment are proof of the reality of the operations carried out within the framework of the present contract and that these data constitute the only elements of proof that can be retained between the parties, in particular in the case of litigation or for the determination of sums due to the User.
All data are accessible on the Platform, from the User's personal space.
8. Hyperlinks to third party sites and resources
The Platform contains hyperlinks to websites, services, platforms, or other events and activities that are not edited or managed by Motuu. These links are offered to the users of the Platform as a Service. Since we have no control over or guarantee of these external elements, we do not assume any responsibility for the content of these sites or for any external information, documents, products or services. In other words, you agree to access or use such third party websites, services or content at your own risk.
The present GTU are only applicable to the Motuu Platform and do not concern other sites not affiliated to Motuu.
9. Motuu Community Rules
The Motuu Platform offers, among other things, a service for sharing information, User Content and data in any form. In this context, we do not authorize, under any condition, any hostile, explicit, erroneous or misleading, harmful, hateful or violent behavior or content.
Obligations of the User:
- The User undertakes to provide Motuu with all the information necessary for the proper execution of the Platform's Services
- Within the framework of the use of the Services on the Platform, the User undertakes to respect the laws and regulations in force and must not disturb the public order or harm a third party. All payments, fiscal or social charges as well as all administrative or legal formalities related to the access to the Platform and the use of the Services are under the responsibility and exclusive charge of the User, Motuu not being able to be committed to them in any case.
- The User undertakes to respect the usual rules of propriety and politeness that apply in the context of written or verbal exchanges with other Users of the Platform.
- The use of the Services by the User is personal, no assignment or transfer of all or part of the rights to a third party is prohibited
- The User is solely responsible for the User Content that he/she shares as well as the written, graphic or verbal exchanges and relationships created via the Platform with other Users as well as the information that he/she may communicate to them via the Platform. By using the Services, the User undertakes to exercise discretion and goodwill in his exchanges and in the information communicated to other Users.
- As specified in the section "Accessibility to the Platform and Services", the User accepts the various constraints, particularly technical, of access to the Services (such as the Internet connection) and remains solely responsible for the various charges or technical problems that may be related to it.
- The User acknowledges that he/she is aware that no copy of the User Content that he/she has shared or of any information that he/she has entered on the Platform will be provided to him/her. The User therefore undertakes to take all necessary measures, by his own means, to ensure the backup of such data.
10. Prohibited content
The User agrees to follow all the rules related to the sharing of User Content as detailed in the previous section "User Content". Here is a non-exhaustive list of the main types of Content that the User is forbidden to share on the Platform:
- Content that is pornographic, sexually explicit, nude, adult-only, defamatory, obscene, indecent, offensive, or inappropriate for a family audience,
- Content related to adult themes, including, but not limited to, violence, blood, content depicting or encouraging dangerous activities or negative body or self-image;
- Racist, xenophobic or revisionist content;
- Content encouraging self-harm, suicide or any behavior harmful to health;
- Content contrary to public order or morality and aimed at diverting the purpose of the Services;
- Personal, confidential or sensitive content;
- Content involving the exploitation and practice of acts harmful to animals or persons;
- Content that violates the rules of protection of minors such as sexual content featuring minors, encouraging pedophilia or inappropriate interactions with a minor;
- Content promoting discrimination, violence and hatred in all its forms;
- Content present a danger or nuisance to the technologies used or to the overall computer systems of a third party;
- Content supporting misinformation and the propagation of false or malicious data;
- Terrorist content or apology of terrorism ;
- Content exploiting a natural disaster, atrocity, health crisis, conflict, death or other tragic event, or showing a lack of sensitivity regarding such events;
- Explicitly threatening, rude, hostile and critical content, as well as harassment and bullying;
- Content promoting access to and use of dangerous goods and activities;
- Counterfeit content that is misleading, deceptive or promotes fraudulent or deceptive activities;
- Content promoting illegal activities, facilitating access to, consumption and use of dangerous materials, products or substances, not approved or prohibited by the law and regulations in force (drugs, firearms, firearms accessories, tobacco alcohol ...)
- Content promoting gambling;
- Content that may infringe the image or rights of a third party in any form whatsoever.
11. Prohibited behaviors
The following is a non-exhaustive list of prohibited behaviors on the Platform and when using the Services. This non-exhaustive list applies in addition to the types of prohibited Content listed in the "Prohibited Content" section:
- Any activity that may damage the image, integrity or safety of a third party;
- Unsolicited written contact in any form whatsoever for the purpose of prospecting or commercial solicitation;
- Any activity considered illegal, deceptive or fraudulent by applicable laws and regulations;
- Any activity that may undermine public order or violate existing laws and regulations;
- Any act or conduct intended to alter, interrupt, destroy, slow down or suspend the continuity of the Services
- Any act of intrusion, attempted intrusion or hacking of the Services and the Platform;
- Any behavior aimed at diverting or overloading the system resources or infrastructure of the Platform;
- Any behavior that may compromise the security of stored information or authentication systems
- Any computer manipulation, marketing or any other process that aims to promote the visibility and referencing of a third site;
- Any malicious act against the technologies or computer systems of a third party, any act whose objective is to harm, alter or control all or part of the computer system of a third party;
- Any act of copying or misappropriation of part or all of the Services, technologies or design for personal use or that of a third party;
- Any act intended to violate the integrity and security of a third party's computer system or technology;
- Any act or practice aimed at diverting the Services and, more generally, the use of the Platform, for purposes other than those for which they were designed
- Any behavior that may harm the image, interests or rights of the Platform and its designers, particularly in financial, moral or commercial terms;
- We remind you that, as specified in the section "Motuu Community Rules", it is strictly forbidden to sell, monetize, or transfer all or part of the access rights to the Services as well as the data and information that are shared and stored on the Platform.
12. Sanctions for Default or Violation
- Update of the Platform Services with an information message to the Users concerned by the update in question;
- Publication of information messages on the Platform;
- Removal or suspension of all or part of the access to the Services and the Platform of any User who has committed or participated in a breach or infraction;
- Removal or suspension of any User Content shared on the Platform;
- Notification to the relevant authorities;
- Initiation of legal action.
The security of your account, user data and content published and saved on the Platform is our priority. Motuu undertakes to put in place all the means available to it, within a reasonable framework, to ensure the security and confidentiality of the data transmitted.
However, we cannot guarantee that malicious acts by unauthorized third parties can occur and get past our protection measures.
It is therefore important that each User of the Platform takes care of the confidentiality of his or her User Data, his or her password for accessing the Motuu account and information that he or she would consider sensitive.
Given the technical limitations and constraints of the Internet, Motuu cannot guarantee total security of data transmissions, and cannot be held responsible for potential damages.
If you think you are a witness or victim of a malicious act on the Platform, contact us immediately by email at email@example.com
Furthermore, you may not use any unwarranted or fraudulent method to access, search, remove, download or change Motuu or its contents, or to circumvent our security measures or test the vulnerability of our systems or networks.
14. Motuu Disclaimer
We make every effort to provide you with the best quality access to the Services. However, our Services and all content on the Platform are provided as is, without any obligation or warranty of any kind, express or implied.
Motuu will not be responsible in any way for the content that you or another User may view, post, share or save on the Platform. By using and browsing the Platform, you understand and accept that you may encounter User Content that is inappropriate or unsuitable for your purpose.
Il est malheureusement possible que certaines personnes publient des contenus inappropriés sur notre Plateforme. La gestion et la modération du contenu présent sur la Plateforme est une priorité pour Motuu. Il est cependant possible que vous constatiez la présence de tels contenus avant que nous n’ayons eu le temps de les supprimer ou de les modifier.
Si tel est le cas, veuillez-nous en informer immédiatement en nous contactant à l’adresse firstname.lastname@example.org.
On the other hand, Motuu cannot be held responsible for any malfunction of the network or servers, or for any event that would prevent or degrade access to the Platform. We also reserve the right to punctually suspend the access to the Platform in the framework of a maintenance operation, an update of the Platform or for any emergency. These temporary interruptions may be carried out without notice or notification from us.
15. Limitation of Motuu's liability
Any user using the Services and browsing the Platform acknowledges that he/she has read and accepted the present GTC, as well as having the necessary faculties and rights. The User is the only person responsible for the proper use of the data on the Platform.
As such, he/she is solely responsible for the information, texts and User Content published, shared and saved on the Platform. The User Content, information and texts posted on the Platform must at all times respect the Motuu Community rules set out in the section "Motuu Community Rules".
Thus, the presence, the use and the sharing of this information and contents on the Platform as a whole cannot in any way engage the responsibility of Motuu, in any capacity whatsoever. On the other hand, Motuu cannot be held responsible or involved in a dispute between the Users of the Services and the Partners, or between the Users themselves.
By using the service, the User commits himself/herself to take charge of the payment of the sums, whatever they may be, resulting from the recourse of a third party against Motuu, including the lawyer's fees and legal costs. He also commits himself to compensate or indemnify Motuu for all harmful consequences directly or indirectly linked to the use he makes of the Services.
Motuu reserves the right to delete all or part of the User Content, at any time and for any reason, without notice or warning. The User will not be able to make any claim in this respect. Motuu also reserves the right to exclude any User whose behavior is inappropriate or does not comply with the present GTU. This exclusion can be done without notice or notification.
The information accessible on the Platform comes from sources deemed reliable. However, Motuu cannot guarantee the accuracy or the relevance of these data. This information is present on the Platform for information purposes only.
Motuu also reserves the right to access, read, retain or disclose any information or data deemed necessary to satisfy any law, regulation, legal process or governmental request for the purpose of enforcing these terms and conditions, including investigating potential violations of these terms and conditions, detecting, preventing or reporting fraud, security or technical problems, responding to users' requests for support, or protecting the rights, property or safety of Motuu, its users and the public.
Motuu cannot be held responsible, within the limits of the applicable law, for damages and/or prejudices, direct or indirect, material or immaterial, or of any nature whatsoever, resulting from the unavailability of one or several Services or from any use of the Service. The term "use" must be understood in the broadest sense, i.e. any use of the Platform and Services whatsoever, legal or not.
We may change these Terms and Conditions from time to time and the most current version will always be posted on our website.
The User agrees, in general, to comply with all regulations in force in France.
16. Respect for Intellectual Property
As specified in our Legal Notice, we remind you that the Motuu Platform in its entirety, its code, its text and image content, its brand identity (logos, slogan...), any information of any kind appearing on it as well as all its services belong exclusively to the Motuu company and its legal representatives. It is strictly forbidden to copy or download all or part of these elements which are protected by copyright, except with our prior and express authorization.
Any total or partial representation of the Platform, by any company or individual whatsoever, without the express permission of its owners, is prohibited and would constitute an infringement punishable by the Code of Intellectual Property. The same applies to the databases and user content present on the Platform.
17. Applicable law and jurisdiction
The present GTU, applicable to the contents and to the sharing of data, relating to the Platform and to Motuu are governed by the French law.
In the event that a dispute cannot be settled amicably, only the French courts within the jurisdiction of the Paris Court of Appeal shall have jurisdiction.
This contract is concluded for an indefinite period from the time of use of the Platform and its Services by the User.