Terms and Conditions of Use

MeltingSpot (the "Platform") is published by MeltingSpot SAS with capital of €98,408.00, represented by Benoit Chatelier.

Our head office is located at 15 avenue de Pierre Plate, 44510 Le Pouliguen, and we are registered with the Registre du Commerce et des Sociétés de Saint-Nazaire under number 841 913 239.

You can contact us at any time at [email protected].

The trust you place in us every day is our priority. That is why we do our utmost to ensure that you can maintain this trust on a day-to-day basis, which of course means respecting our Terms and Conditions of use ("Terms").

The Terms, which apply to our Platform are intended to set out the rules that you must observe when using it, in the knowledge that any use of the Platform implies unreserved acceptance of the Terms.

You hereby acknowledge that you have read and understood the Terms prior to using our Platform and that you have all the information and skills necessary to ensure that the services provided correspond to your needs.

To create an account on our Platform you must be a natural person, of legal age, with full legal capacity to enter into commitments under the Terms.

Your account is strictly personal. You therefore undertake to provide the identification data required to create your account in a personal, correct, accurate and truthful manner. You must also inform us of any changes to the information required for normal use of the Platform.

You are responsible for maintaining the confidentiality of your account and password, and for restricting access to your terminal (e.g. tablet, mobile, etc.). If you have any doubts about the vulnerability of your account or the confidentiality of your access, you must change your password and/or contact our support department as soon as possible. Otherwise, and to the extent permitted by applicable law, you are responsible for all activities that occur under your account.

We recommend using a complex password (made up of numbers, upper and lower case letters and punctuation marks) to increase account access security, and changing your password regularly when accessing your account settings.

We do our utmost to provide you with a quality service, accessible 24/7, offering accurate and precise content, free from any risk of technical failure.

However, as there is no such thing as "zero risk" when it comes to information technology, we cannot be held liable for any loss or damage that may arise from using the Platform as we cannot be held responsible for any errors, unavailability or interruptions that may occur on our Platform or in the event of a virus being accessible from our Platform. Nor shall we be liable for any delay or inability on your part to perform your obligations under the Terms if the delay or inability results from any cause beyond our reasonable control.

Nor are we responsible for any hacking, errors or viruses that may be installed on your terminal and affect the service, or for any steps or actions taken or omitted by a system administrator.

In addition, your access to the Platform may occasionally be suspended or limited to allow for repairs, maintenance, or the addition of a new feature or service.

In all cases, it is expressly agreed that we are subject only to an obligation of means for the provision of the Platform. You further agree that we shall only be liable in the event of fault on our part, it being understood that such liability shall only apply to direct and foreseeable damage, indirect damage being excluded, and that we shall not be liable for commercial losses (including loss of profit, contracts, anticipated savings, data, goodwill or superfluous expenditure).

Indirect damages include loss of data, time, profits, sales, margins, orders, customers, operations, revenues, commercial actions, brand image, expected results, third-party actions and, in general, any commercial disturbance whatsoever. Likewise, any action by a third party against you is considered indirect.

Furthermore, you are hereby informed that any case of force majeure immediately and automatically suspends performance of the Platform. In the event of force majeure lasting more than two months, we reserve the right to suspend or terminate the service without notice or compensation.

Events beyond our control that could not have been reasonably foreseen at the time of providing the Platform and whose effects cannot be avoided by appropriate measures, which prevent its use.

In particular, these are those usually retained by the jurisprudence of French courts and tribunals, such as war, riot, fire, internal or external strikes, lock-out, occupation of premises, bad weather, earthquake, flood, water damage, legal or governmental restrictions, legal or regulatory modifications, accidents of all kinds, epidemics, pandemics, illness affecting more than 10% of our company's staff within a period of two consecutive months, lack of energy supply, partial or total shutdown of the Internet network and, more generally, of private or public telecommunications networks, road blockages and supply impossibilities and any other event beyond our control preventing the normal execution of our Platform.

You agree not to arrange, modify, decompile, disassemble, reverse engineer, translate, adapt, reproduce, distribute, disseminate or transfer any information, software, products or, in general, any element of the Platform. The re-posting, scrapping, automated use or high-volume use of the Platform are expressly prohibited.

You agree to comply at all times when using our Platform (i) applicable national and international laws and regulations, and (ii) the Terms.

YOU WARRANT THAT YOU WILL NOT USE THE PLATFORM FOR ANY PURPOSE THAT IS UNLAWFUL, IMMORAL OR CONTRARY TO ITS INTENDED USE AND/OR PURPOSE.

Furthermore, by using the Platform you acknowledge that you only have a right of use for your account.

In all cases, you agree not to, directly or indirectly:

• use the Platform in such a way as to infringe the intellectual and industrial property rights, privacy rights and/or image rights and/or any other rights of others.
• create, use, share and/or publish by any means any material (text, words, images, sounds, videos, etc.) or content that is, in our sole judgment, aggressive, threatening, malicious, defamatory, misleading, pornographic, pedophilic, obscene, vulgar, racist, xenophobic, hateful, sexually explicit, violent, indecent or in any other way objectionable.
• carry out activities aimed at accessing elements or functionalities of the services whose use is made without our prior and express authorization.
• arrange, modify, translate, adapt, reproduce, index, copy and/or extract any information, software, product or other element or part of the Platform by any means without our express prior authorization.
• modify, distort, block, abnormally burden, disrupt, slow down and/or hinder the normal operation of all or part of the Platform or their accessibility to other users, or the operation of partner networks, or attempt to do any of the foregoing.
• transmit or spread any virus, Trojan horse, worm, bomb, corrupted file and/or similar destructive device or corrupted data, and/or organize, participate in or be involved in any way in an attack against our servers and/or the Platform and/or the servers and/or services of our service providers and partners.
• use the account of another user of the Platform, impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity.
• attempt to obtain any password, account information or other proprietary information from any other user of the Platform and/or sell, rent, share, lend and/or in any other way transfer to any third party your account and/or the means to access it and/or in any other way allow any third party to benefit from your account.
• access, use, download via the Platform or otherwise reproduce or provide to anyone (whether free of charge or for a fee) any directory of users of the Platform or any other information relating to users or the use of the Platform.

If you become aware of any behavior that is malicious or contrary to our Terms or the interests of other users, you may contact us at [email protected].

We may limit, restrict, suspend or permanently discontinue all or part of your account at any time, without notice or prior notice, in the event of a breach of your duties and obligations under the Terms or at the express request of an administrative or judicial authority, or in the event of an actual or alleged infringement of any right, all without this measure being considered a breach of our obligations.

Any closure of your account will result in the permanent deletion of the information communicated to us when opening or updating your account, all documents and other items stored via the Platform as well as, if applicable, any document or content that you may have published, downloaded or made available on the Platform.

It is therefore strongly recommended that you save all documents, information and other items stored on the Platform. Notwithstanding the foregoing, we reserve the right to store the aforementioned documents, information and other items on our servers for a reasonable period of time.

In the event of closure of your account at your initiative, no refund, either total or partial, of any sums already paid will be made. In the event of closure of your account at our initiative for non-compliance with these Terms, no refund, either total or partial, of any sums already paid will be made. Furthermore, you are strictly forbidden to open a new account, with the same or a different e-mail address, or through an intermediary, without our prior written authorization. In this case, please contact us at the following e-mail address to request the creation of a new account: [email protected].

We are and remain the exclusive owners of all intellectual property rights to the trademarks (e.g. MeltingSpot, etc.), graphics or logos, or any other elements that you may view when using our Platform.

The fact that you may have free access to it during your use does not imply that we grant you any license or right to use the elements of the Platform.

You therefore have no right to use these elements in any way whatsoever, in whole or in part, without our prior written authorization. Any unauthorized use by you may constitute an infringement punishable under articles L335-2 et seq. of the French Intellectual Property Code and articles L713-2 et seq. of the same code.

Our Platform is also likely to mention, for various reasons, other logos, trademarks or registered trademarks belonging to us or to third parties and protected by industrial property law. Any unauthorized use of these elements constitutes an infringement of copyright.

In accordance with the provisions of Law No. 98-536 of July 1, 1998 transposing into the Intellectual Property Code Directive 96/9 EC of March 11, 1996 on the legal protection of databases, we inform you that we are the producer and owner of all or part of the databases used via the Platform. Consequently, any extraction and/or reuse of databases within the meaning of articles L342-1 and L342-2 of the French Intellectual Property Code is prohibited.

When we work together and you use the Platform we have no choice but to process your personal data, in particular to process your requests, manage our commercial relations, etc.

To make it easier for you to understand how we process your data, we have drawn up a Privacy Policy, which you can access at any time on the website www.meltingspot.io. The purpose of this Policy is to explain why and how we process your data in connection with the services we provide.

The Platform can be translated into different languages. Nevertheless, French remains the "standard" language of our company and our business. The French language therefore always prevails over other versions of our Platform in the context of our working relationship, in particular in the event of misinterpretation, dispute, litigation or difficulty of interpretation of our services.

The Platform may contain hyperlinks to other websites or third-party platforms. You are informed that we are neither responsible nor liable for any offers, actions, content, products, services or other items available via these links.

In addition, we thank you in advance for notifying us of any hypertext link present on websites which may lead to a third-party site containing content contrary to the law or morality.

We archive communications, files, contracts, order forms and invoices on a reliable and durable medium so as to constitute a faithful and durable copy. These communications, files, contracts, order forms and invoices may be produced as proof. In the absence of proof to the contrary, the data recorded by our teams constitutes proof of all exchanges between you and us.

The nullity of one of the clauses hereof does not entail the nullity of the Terms and the other clauses will continue to produce their effects.

Temporary or permanent non-enforcement of one or more clauses of the Terms does not imply waiver of the right to enforce such clause(s).

We are a French company. Consequently, the use of our Platform is subject to French law and any dispute will be brought exclusively before the competent French courts.

We reserve the right to modify the Terms at any time and without prior notice. We therefore advise you to consult them as regularly as possible.