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GENERAL TERMS OF USE

These general terms of use (the "GTU") govern your use and access, either as an individual or a single entity ("You" or "Your" as applicable), to the website available at the following URL address: www.octoly.com (the "Site").

For the purposes of the GTU, unless otherwise noted, all references to "Octoly" will therefore include Videoagency, Octoly, Inc. and their affiliates.

1. Site Presentation

The Site is an interface of presentation and access to a platform (the "Platform") available at the following URL address: www.octoly.com developed by Octoly and operated under the brand Octoly to enable partners (the "Partners") which own or commercialize products and/or services (such as, without limitation: cosmetics and video games) to connect with some creators which are registered with Octoly (the "Creators") in order for them to sample the Partners’ Products, and to post a review of such sampling on their youtube and/or instagram account.

2. Access to the Site and the Platform

2.1. Users of the Site

By accessing and using the Site, You expressly and unconditionally agree to the terms of the GTU in particular of the privacy policy. If You are accessing and/or using the Site as a single entity, You represent to Octoly that You have all necessary corporate or equivalent authority and power to agree to the GTU which You agree shall be binding on the corporation, partnership, association or other entity in whose name You are using and accessing the Site as a user.

2.2. Partners using and/or accessing the Platform

You can subscribe to the Platform as a Partner by executing an agreement with Octoly enabling them to notably analyze the data related to Creators’ activities on social media, and to measure the social influence of the Creators and their competence in certain specific domains (the "Services").

2.3 Creators using and/or accessing the Platform

You can subscribe to the Platform as a Creator by accepting the specific terms and conditions related to Your use of the Platform as a Creator (available at the following URL address: www.octoly.com/conditions-for-creators ). As a Creator, You undertake to complete the subscription form with up to date and accurate details, and to update them in case of any change. The subscription data and any other information You indicate when subscribing are governed by the privacy policy.

2.4. Restrictions

Octoly reserves the right, at its sole discretion, to limit and/or forbid access to the Services, the Site and/or the Platform, and/or to terminate any Partner and/or Creator account which violates the GTU, applicable laws and/or any third party right such as, without limitation, any intellectual property right.

3. Intellectual Property

3.1. Regarding the Site, the Platform and Octoly’s trademarks

As a User, a Partner and/or a Creator, You acknowledge and agree that the Site, the Platform and the Services may contain elements, materials and content (the "Content") copyrighted and/or protected by patent and/or intellectual property laws.

You are not authorized, without Octoly’s prior consent, to modify, copy, rent, share, sell, distribute or create any derivative work from the Content of the Site and/or of the Platform, in whole or in part, nor to proceed to nor use the data extraction systems and/or data collection systems.

The name and logos of Octoly are registered trademark owned by Octoly (collectively « Octoly’s Trademarks"). The other names and logos of Octoly’s products and services used in the scope of the Services are trademarks owned by their respective owners that may or may not be affiliated to Octoly.

Nothing in the GTU nor any content of the Services should be construed as granting, explicitly or not, any license or right to use Octoly’s Trademarks, without Octoly’s written authorization in such case.

3.2 Regarding third party content

Partners and/or Creators may upload trademarks, materials, photographic and/or video content (together the "Third Party Content") via their Octoly account under their sole liability.

In no event shall Octoly be liable, in any manner whatsoever, of Third Party Content uploaded on the Site and/or the Platform, including, without limitation, in the event of a claim arising from a Third Party Content, an error and/or omission related to a Third Party Content, or for any loss or damage resulting from and/or arising from the use of a Third Party Content.

Octoly does not monitor the Site and/or the Platform but reserves the right to remove any Third Party Content which violates the GTU and/or any applicable law, including any intellectual property law, after having obtained acknowledgement of such violation. To that respect, Octoly invites all Users, Partners and/or Creators to contact Octoly in the event where such User, Partner and/or Creator would have knowledge that a Third Party Content hosted on the Site and/or the Platform violates one of his rights and/or applicable laws by sending an email to the following e-mail address (hello@octoly.com) and by following any legal requirement as per applicable rules to takedown requests for illicit content. Upon receipt of a valid takedown request as per applicable laws, Octoly will promptly remove any Third Party Content concerned by such request.

You must evaluate and bear risks related to the use of a Third Party Content notably with regards to the accuracy, completeness and usefulness of such Third Party Content.

You acknowledge and agree that any question, comment, suggestion, enhancement, idea, and other information regarding the Services (the « Propositions") that you may supply to Octoly are not confidential information and that Octoly is entitled to use and disclose, without any restriction, the Propositions for any purpose, whether commercial or not, without any recognition nor consideration.

4. Site availability

Octoly makes no warranty with regards to the Site and/or Platform’s availability. Octoly reserves the right to modify, suspend and/or delete any and all element of the Site and/or the Plaform, and any information that it may content at any time without any notification. Therefore, in no event shall Octoly be liable for any actual or alleged damage incurred directly or indirectly, by any User, Creator and/or Partner, in relation with the connection, consultation and/or use of information supplied by the Site and/or the Platform.

If Your use of the Site is blocked by Octoly (notably by blocking Your IP address), You agree not to implement any measure aiming to circumvent such blocage (notably my hiding Your IP address or by using the IP address of a third party).

5. Amemdnent of the GTU

Octoly reserves the right to amend the GTU and the privacy policy at any time. In such event, the amendments will be notified to You with a special banner within the Site. You acknowledge and agree by using and/or accessing the Site after the amendment date, You will be deemed having fully consented to the GTU and the privacy policy as amended.

6. Litigation

The Site and the GTU are governed by French law, wherever You are accessing and/or using the Site and/or the Platform from. In the event of a dispute regarding the GTU, the courts of Paris, France, shall be solely competent to hear such dispute.

QUESTIONS ? PROBLEMS ? SUGGESTIONS ?

Please contact us by email hello@octoly.com or by postal mail at Octoly Inc. - 244 Fifth Avenue, Suite D61 NYC - New York 10001 - U.S. to inform us of any breach of the GTU and/or to ask us any information regarding the GTU and/or the Services.