The services offered on the Motuu Platform are operated exclusively by the owners of the Platform Thomas Benoist-Lucy and Joyd Sousa. The owners can be contacted at the following coordinates:
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 Thomas Benoist-Lucy and Joyd Sousa, 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 email@example.com.
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 with Internet access and the equipment to access them.
These Services are accessible free of charge. All the costs of structure or material, including the access to the internet, are to be paid by the User exclusively.
Motuu cannot be held responsible in case of malfunctioning of the material equipment and internet access.
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.
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.
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.
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.
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.
These TOU are applicable only to the Motuu Platform and do not apply to other sites not affiliated with Motuu.
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.
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:
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:
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 ensures the confidentiality of his or her User Data, his or her Motuu account password and information that he or she would consider sensitive.
Due to the technical limitations and constraints of the Internet network, 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 firstname.lastname@example.org
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.
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.
Unfortunately, it is possible that some people publish inappropriate content on our Platform. The management and moderation of the content present on the Platform is a priority for Motuu. However, it is possible that you may notice such content before we have had time to remove or modify it.
If this is the case, please inform us immediately by contacting us at email@example.com.
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 access to the Platform for maintenance, updating of the Platform or for any emergency. These temporary interruptions may be carried out without notice or notification from us.
Any user using the Services and browsing the Platform acknowledges having read and accepted these GTU, 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 comply with the Motuu Community rules set out in the section "Motuu Community Rules ».
Thus, the presence, the use and the sharing of this information and content on the Platform as a whole does not engage the responsibility of Motuu in any way 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.
As stated 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 its owners Thomas Benoist-Lucy and Joyd Sousa. 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 authorization of its owners, is prohibited and would constitute an infringement punishable by the Intellectual Property Code. The same applies to the databases and user content present on the Platform.
The present GTU, applicable to the contents and data sharing, relating to the Platform and Motuu are governed by 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.