TERMS AND CONDITIONS OF USE OF THE PLAYOU SITE

Valid from 01 July 2018

The website accessible at the following URL address: www.playou.asia is edited by the company MOBIBASE SA, registered at the RCS of Grasse under n ° 444 158 265 , whose head office is located at 1300, Route des Crêtes, WTC 1 - L, 06560 Sophia Antipolis (" MOBIBASE ").

Article 1: OBJECT

The following General Conditions of Use (Hereinafter referred to as "GCU") are intended to define the conditions under which the users of the Site, whether or not they have a PLAYOU account (referred as "the users") can access and use the website accessible at the following URL address www.playou.asia as well as any content, tool, service and functionality made available on said WebSite at the sole discretion of MOBIBASE, which are exclusive property of MOBIBASE (hereinafter referred to as "WebSite").
Use of the WebSite implies acceptance and respect of these GCU, subject to the French law.
MOBIBASE reserves the right to modify at any time the GCU, by publishing a new version on the WebSite. Use and / or access to the WebSite implies the acceptance of the new Terms.

Article 2 - REGISTRATION

In case of account creation, the information provided must be exact, complete and updated. Moreover, the logins, email addresses, etc. must not infringe the rights of third parties in any way.
To access his account, the User will have to enter his username/MSISDN/login and/or password.
The User login and password are personal and confidential. The User undertakes not to disclose them and / or assign them to a third party, and to take all the necessary measures to preserve this confidentiality.
Minors can only use and access the WebSite and / or the Services with the authorization of their parents or legal representatives, who in any case remain the only responsible for any wrongful acts of minors on which they hold the authority, as well as possible harmful consequences of the use of the Site and / or Services by them. Minors are invited to read carefully these Terms/GCU.
MOBIBASE reserves the right to refuse the creation of the account, disable it and / or delete it at any time, without notice.

Article 3 - PERSONAL DATA

Personal data collected by MOBIBASE as part of the use of the WebSite will be subject to automated processing treatment. It is specified that “Cookies”, whose only function is to identify the Users (MSISDN, IP address, time and date of navigation, etc.), are automatically collected during each connection on the WebSite and have the exclusive purpose to allow, improve or ease the access and use of the WebSite and / or Services. Users can block them by following the procedure indicated on their browser. It is nevertheless specified that the use of the Website might be altered in this case.
The personal data collected are necessary for the management of the PLAYOU account, for the improvement of the WebSite and in order to extract the best benefit of the Users features, contents, tools of the WebSite and to adapt them to their specific needs and uses. They may also be used to target advertisements on the WebSite and the Application and to offer products and services adapted to the Users needs and uses.
The consignee of the personal data collected is only by MOBIBASE. They may, nevertheless, be communicated to third parties pursuant to a law, a regulation or a decision of a competent authority.
MOBIBASE commits, with regard to the persons concerned, to take all the necessary precautions to preserve the security of the personal information concerning them.
The personal data collected will be kept by MOBIBASE for the strictly necessary duration to achieve the purpose mentioned hereabove.
The Users have a right of access, rectification, opposition and withdrawal of the information concerning them, which they can exercise by emailing to contact@playou.tv or by post to : MOBIBASE - Customer Relations PLAYOU - 1300, Route des Crêtes, WTC 1 - L, 06560 Sophia Antipolis
Subject to having obtained/collected User prior consent, MOBIBASE could transmit to its partners the information concerning it, in the context of marketing and commercial and promotional operations, joint or not.

Article 4- INTELLECTUAL−PROPERTY

The WebSite and all the elements and contents attached to it, provided or represented, in any way, and without this list being limited, the Contents, applications, tools , services, texts, images, trademarks, logos, names, softwares and technical tools, databases, designs and models, are protected by the intellectual property law and are subject to the laws and regulations applicable in this field (hereinafter collectively referred to as "Contents").
MOBIBASE owns the intellectual property rights relating to the Contents or has obtained a regular license from their respective owners.
The use and access to the Content do not give the User any intellectual property rights over any element of the Content, which remains the property of their respective owners.
In general, MOBIBASE grants Users a free, personal, non-exclusive and non-transferable right of access and use of the WebSite (excluding the viewing of Content on the WebSite), subject to acceptance and respect of the present GCU.
MOBIBASE authorizes the Users to view the video content that may be provided on the WebSite at the sole discretion of MOBIBASE , in streaming only, on a non-exclusive basis and for exclusively personal purposes, from the WebSite, through tools provided by MOBIBASE , under the conditions referred herein, and subject to acceptance and compliance with the present GCU.
It is understood that the User is prohibited (i) to download, in whole or in part, the video content (s), permanently, on one or more devices (ii) and more generally to harm in any way the intellectual property rights attached to the WebSite and / or Contents (including video content that may be provided on the WebSite).
Any exploitation, reproduction, representation, modification deletion, grant, download, copy, alteration, distribution, transmission, translation, dissemination, sale, rental, decompilation, in particular, of the Content, in whole or in part, in any manner, on any medium is strictly prohibited, except with the express written consent of MOBIBASE or its licensors.

Article 5 - AVAILABILITY OF THE WEBSITE

The WebSite is accessible 24/7, except interruption, programmed or not, for maintenance purposes or case of “force majeure”. The WebSite is provided “as is”, without warranty of any form, without maintenance obligation at the expense of MOBIBASE.
MOBIBASE assumes no responsibility for the operation, availability, access and use of the WebSite or Contents, and for damages of any nature that would result (in particular loss of data, loss of profit, loss profit or customer).

Article 5 - USER RESPONSIBILITY

The User agrees to use and access the WebSite in accordance with the present GCU, not to interfere with the proper functioning of the WebSite in any way, not to infringe the rights of MOBIBASE or third parties in any manner, not to violate the law and the regulations in force as well as public order and morality.
In particular, the User agrees, in the context of use and access to the WebSite not to :

  • Violate the intellectual property rights of MOBIBASE or third parties ;
  • Violate the respect for human dignity and minors;
  • Violate privacy ;
  • Make propaganda, politics or proselytism;
  • To incite violence, racial hate, discrimination, racism, xenophobia ;
  • Make an apology for crimes, including war crimes and crimes against humanity ;
  • be violent and threatening;
  • Spread rumors or false news;
  • Return to third party websites that are contrary to the present GCU ;
  • Bypass technical protection systems, carry out or incite acts of piracy, transmit viruses, interrupt, destroy or limit the WebSite functionality as well as any tool, software, hardware ;
  • Harm the image of MOBIBASE or the companies of the Group to which it belongs.

In general, the User agrees to respect others and to exercise good judgment in the use of the WebSite. In addition, the User is solely responsible for the use of his PLAYOU account and the actions taken via his account.

Article 6 - CONTACT AND ASSISTANCE

The User can contact MOBIBASE ,in particular for technical problems encountered:

  • By email : contact@playou.tv
  • By post: MOBIBASE - Customer Relations PLAYOU - 1300, Route des Crêtes, WTC 1 - L, 06560 Sophia Antipolis, France


PLAYOU WEBSITE GENERAL CONDITIONS OF SALE

Valid from 01/07/2018

The purpose of these GCS is to define the conditions under which the Customer can subscribe and use the PLAYOU Service, published and proposed by the company MOBIBASE SA, registered at the RCS of Grasse under No. 444 158 265 , whose registered office is 1300, Route des Crêtes, WTC 1 - L, 06560 Sophia Antipolis (hereinafter "MOBIBASE").
The Customer recognizes and declares (i) to have read these GCS prior to subscribe to PLAYOU Service, (ii) to accept them expressly (iii) to have the power and the capacity necessary for the conclusion and execution of these GCS.

Article 1 - DEFINITIONS

All words used with the first letter in capital letter in these General Conditions of Sale (the "GCS”) have the following meaning :
" Subscriber (s) " refers to Customers who have a Subscription.
" Subscription " means the paid subscription to the Content via the Service PLAYOU.
" Application "means the application (s) published by MOBIBASE , accessible to Clients on the Devices, allowing access in particular to all or part of the PLAYOU Service .
" Channels " means the channels published by MOBIBASE , broadcast in French, Arabic, Indonesian, English or any other other language consisting of a linear service called , as of the date hereof, "PLAYOU” .
" Contents " means all or part of the content of the Channels or any other specific content (articles, videos on demand, etc.) that may be viewed as part of the PLAYOU Service on the WebSite and / or the Application.
" Customer(s)" mean major natural people domiciled in the Territory who have registered to PLAYOU Service .
" Activation Date " means the date on which the PLAYOU Service is activated, subject to the confirmation of the payment of PLAYOU Service by MOBIBASE .
" Player " means the computer tool allowing the diffusion and the reading, only via the WebSite and / or the Application, of audio files and / or videos.
" PLAYOU Service " is a paid offer published and proposed by MOBIBASE on the Territory, allowing the Customer (i) to access a Subscription to the Channels and / or the contents , for the use of computers, smartphones and / or tablets and (ii) use the Player and any other tool, application or service provided to the Client by MOBIBASE as part of this offer.
" Website " means the website published by MOBIBASE , accessible at the following URL address : http://www.playou.asia, which allows to subscribe and access the PLAYOU Service .
" Streaming " means the mode of transmission and access to the continuous stream Contents , without downloading on the Customer's receiving Devices.
" Devices " designates the computers, smartphones, tablets, game consoles, Smart TVs, described in article 3 of these GCS, allowing to receive the PLAYOU Service .
" Territory " means Malaysia .

Article 2 PLAYOU SERVICE SUBSCRIPTION

Subscribing to PLAYOU Service requires:

  • an internet connection (fixed or mobile) ;
  • creating a PLAYOU account ;
  • a prepaid or postpaid simcard with enough balance, located in the Territory;
  • a valid method of payment.

The Customer undertakes to provide MOBIBASE with all the information necessary for the activation and payment of the PLAYOU Service . This obligation is an essential condition of these GCS, without which PLAYOU Service may not be activated or may be suspended and / or terminated by MOBIBASE under the conditions referred to in Article 5.3 here below.
Activation of the PLAYOU Service will take place after the subscription, subject to acceptance of the payment.

Article 3 - PLAYOU SERVICE USE

Settings and configuration
1. Principally, the PLAYOU service is intended to be used on tablets and smartphone
on iOS smartphones / tablets :
User should have a smartphone / tablet type mobile terminal equipped with at least the iOS 9 operating system and later versions on which the application is installed (with the exception of jailbroken terminals , that is to say terminals unlocked that eliminates Apple's restrictions). The use of the Application by the EDGE / 3G / 4G networks may lead to additional consumption costs for which MOBIBASE can not be held responsible.
on Android smartphones / tablets :
User should have a smartphone / tablet type mobile terminal equipped with at least the Android 4.3 and later operating system on which the application is installed (with the exception of rooted terminals , that is to say terminals unlocked that eliminates the restrictions imposed by the Android system).
The use of the Application by the EDGE / 3G / 4G networks may lead to additional consumption costs for which MOBIBASE can not be held responsible.
In addition to accessing the PLAYOU Service on a computer, the Customer may, subject to availability, have access to the contents and functionalities of the PLAYOU Service on his computer (PC or MAC with a sufficient RAM capacity and equipped with software versions, a compatible processor and browser, and a standard setting) with a screen greater than 13 inches and the following minimum requirements :
To acces PLAYOU Service on PC :
User should have a compatible microcomputer with Microsoft Windows 7 or later, on which a compatible browser is installed:

  • Explorer 10 and ulterior
  • Firefox 49 and ulterior
  • Safari 5 and ulterior
  • Google Chrome 53 and ulterior

To access PLAYOU Service on MAC :
User should have a Macintosh with Intel processor, equipped with Mac OS X 10.5 or higher, on which is installed a compatible browser :

  • Firefox 49 and ulterior
  • Safari 5 and ulterior
  • Google Chrome 53 and ulterior

2. It is understood that in case of technical developments (i) the characteristics, parameters and technical configurations set out in this article

3.2 Devices
Only one Device may be registered as part of the the PLAYOU Service use . It is therefore understood that the Customer may access the PLAYOU Service only on one Device at a time.

3.3 Use of the PLAYOU Service
The PLAYOU Service is strictly reserved for a private and personal use that can not extend beyond the family circle. Any commercial use of the PLAYOU Service is strictly prohibited.
The Customer is prohibited from infringing in any way the intellectual property rights attached to the PLAYOU Service , the WebSite and / or the Application.
The username and password of the Customer are personal and confidential. The Customer agrees not to disclose and / or assign to a third party, and to take all necessary measures to preserve this confidentiality.

3.4 Contents
The Customer is informed that the content broadcasted as part of the PLAYOU Service may be different from those broadcast as part of the Channel TV distribution. Thus, some Content may be obscured in particular on the PLAYOU Service .
In addition, the Customer acknowledges that the Content may be modified in whole or in part, without prior notice.

3.5 PLAYOU Service Interruptions MOBIBASE can not be held responsible in case of interruption, unavailability and / or reception problem, temporary or definitive, in whole or part, of the PLAYOU Service , which are not of its fact and which are attributable, either to the Customer, either to the unpredictable and insurmountable from a third party, or to a case of force majeure.
The Access to PLAYOU Service may be interrupted temporarily for reasons of maintenance and upkeep and for technical and safe update operations.

Article 4 - SUBSCRIPTION DURATION

Two types of Subscription are proposed :
4.1 A weekly subscription without commitment of duration The subscription is concluded for the duration of one week from the Activation Date of the Subscription by MOBIBASE .
It will then be automatically renewed for successive periods of one (1) week, with the conditions of weekly Subscription no time commitment on the date of the agreement unless denounced by the Subscriber under the conditions referred to in Article 5.1 below.
4.2 A monthly subscription without commitment of duration The subscription is concluded for a duration one (1) month from the Activation Date of the Subscription by MOBIBASE .
It will then be automatically renewed for successive periods of one (1) month, unless terminated by the Subscriber under the conditions referred to in article 5.2 below.

Article 5 CANCELLATION

5.1 With regard to the weekly Subscription without commitment of duration
The Subscriber may not terminate his Subscription until the expiry of the Subscription, except in case of early termination for legitimate reason that will take effect from the justification by the Subscriber of the legitimate reason, by notification either via the button "Unsubscribe" from his PLAYOU account available on the WebSite, or by sending an email to contact@playou.tv.
This notification must be received by MOBIBASE in the week preceding its expiry and at the latest on its due date, except in case of early termination for legitimate reason. In the case that the Subscriber have of a legitimate reason, he must provide MOBIBASE with any evidence that justifies the reason given.
At the end of the week, the subscription will be renewed for successive periods of one (1) week, the Subscriber may terminate its Subscription at any time on or before the day of his weekly deadline.
The termination will take effect on the expiry date of the current Subscription and the Subscriber will remain liable for the week (s) remaining due until that date, unless early termination for legitimate reason.
The expiry date of the Subscription appears in the subscriber's PLAYOU account.

5.2 With regard to the monthly subscription without commitment of duration.
The Subscription will be tacitly renewable unless terminated at any time and at the latest by its due date, which appears in the subscriber's PLAYOU account .
Any termination request must be notified either via the button " Unsubscribe" from PLAYOU account available on the WebSite, or by sending an email to contact@playou.tv
The termination will take effect on the expiry date of the current Subscription and the Subscriber will remain liable for the monthly payment (s) remaining due until that date, unless early termination for legitimate reason. In the case that the Subscriber have a legitimate reason, he must provide MOBIBASE with any evidence that justifies the reason given.

5.3 MOBIBASE has the full right to terminate and / or suspend the PLAYOU Service in the following cases:

  • in the event of non-payment by the Customer of the monthly payment (s) due (s) under the Subscription;
  • in the event of breach by the Customer of the existing rights in the PLAYOU Service , the WebSite, the Application, the Player, the Content and / or the Channels, including the intellectual property rights attached thereto;
  • in the event that the Customer has sought to allow the receipt of the said PLAYOU Service , Content and / or Channels by unauthorized third parties;
  • more generally, in the event of serious or repeated failure of the Customer to these GCS;
  • in the event that the information communicated by the Customer as part of the PLAYOU Service subscription is incomplete, inaccurate, invalid or obsolete.

This termination/suspension will result in the immediate deactivation of the PLAYOU Service , without compensation right or reimbursement. The Subscriber will be notified of this decision.
This termination / suspension will be made without prejudice to any action for damages that MOBIBASE may incur against the Customer and any offending participant.

Article 6 - PRICES AND METHODS OF PAYMENT

Subscription implies the payment by the Subscriber of a weekly or monthly fixed price.
The Subscription rate as well as the payment terms have been communicated to the Subscriber prior to the subscription of his Subscription. Prices include all taxes at the rate in effect on the day of subscription, and do not include the costs of services purchased from a third parties, including Internet service providers.
Any change of the lump sum price in the weekly or monthly referred to in this article shall be notified to the Subscriber at least one (1) month before its entry into force. In this case, the Subscriber will be entitled to terminate his Subscription without charge, under the conditions set out in article 5 hereabove.
The Subscription is payable in advance, each week or month depending on the chosen subscription, either weekly or monthly rate with the mobile subscription or with a prepaid mobile card.
Payment of monthly payments will be made on the 1st day of each new monthly period.
The Subscriber acknowledges and accepts that, by communicating the information relating to his credit card or his mobile phone subscription , he authorizes MOBIBASE to debit his mobile phone subscription or prepaid mobile card.

Article 7 – ABSENCE OF RIGHT OF WITHDRAWAL

In accordance with the provisions of Article L.221-28-13 ° of the Consumer Code, given the nature of the PLAYOU Service , and insofar as the execution of the PLAYOU Service (Subscription ) started after an express prior consent of the Customer and after expressly renouncing his right of withdrawal, the Customer can not exercise his right of withdrawal.

Article 8 - LIABILITY

8.1 MOBIBASE is responsible for the proper performance of its contractual obligations in the context of its regulatory obligations and the standards in force.
However, the responsibility of MOBIBASE can not be engaged if the execution or the bad execution of the Subscription contract is not its fact and is imputable, either to the Customer, or to the unpredictable and insurmountable fact of a third party, or to a case of major force.
In this context, MOBIBASE will not be held responsible for :

  • malfunctions and/or any interruptions in the provision of PLAYOU service ;
  • any damage suffered by the Customer and / or any third party through the PLAYOU service (i) resulting from the action or omission of the Customer, in whole or part, or (ii) due to technical incompatibility of his equipment with the PLAYOU Service ;
  • any installation difficulty of the application (ii) in case of malfunction of the terminals or the Internet or mobile network, (iii) in case of disappearance, loss or damage, including for damage affecting the hardware necessary to use the PLAYOU Service .

8.2 The Customer undertakes to indemnify MOBIBASE for any damage, recourse or claim for which the Customer is liable and resulting from its misuse of the WebSite, the Application and / or the Service, and the non-compliance with these GCS .

Article 9 - PERSONAL DATA

9.1 The personal data collected by MOBIBASE as part of the subscription to the PLAYOU Service will be the subject to an automated processing in accordance with the Law n ° 78-17 " Computing and Freedom of January 6, 1978, amended. They are strictly confidential.
The personal data collected will be used for:

  • the management of MOBIBASE subscription offers, in particular the PLAYOU Service ,
  • the communication of information on MOBIBASE offers ,in particular for the PLAYOU Service , the Contents and the MOBIBASE Channels ,
  • the improvement of the WebSite (including in particular its functionalities, contents and tools) and its customization according to the preferences, needs and uses of the Clients,
  • the audience statistics measure, satisfaction surveys.

The recipient of the personal data collected is only MOBIBASE . They may, however, be transmitted to the companies charged of the management, execution and processing of payment transactions and may be communicated either to third parties pursuant to a law, a regulation or a decision of the a competent authority.
Subject to obtaining the prior express consent of the Client, MOBIBASE may transmit to its partners the information concerning it, in the context of marketing and commercial and promotional operations, joint or otherwise.
MOBIBASE undertakes, with regard to the people concerned, to take all the necessary precautions to preserve the security of the personal information concerning them.
In application of the law n ° 78-17 Computerized and Freedoms of January 6th, 1978 modified, Clients have a right of access, rectification, opposition and withdrawal of the information which concern them, which they can exert by writing by post to : MOBIBASE - Computer and Freedoms Correspondent - 1300, Route des Crêtes - WTC 1 - L 06560 Sophia Antipolis .
In the case of a deletion request of personal data, it is specified that MOBIBASE will nevertheless be able to keep these datas in its archives for the time necessary to fulfill its legal, accounting and tax obligations, and in particular to prevent any illegal behavior after deletion. personal data or the PLAYOU account.

9.2 The use of the geolocation functionality of the Application requires the express prior consent of the User to be geolocated.
For this the User must activate, if desired, the geolocation function directly in the settings of his smartphone or tablet, and accept that the application uses it.
The User may, at any time and for free, disable or activate this feature. In case of deactivation, he will not be able to receive personalized notifications about the Service.
The receipt of alert messages related to the installation of the Application (hereinafter “push notification”) also requires the express prior consent of the User of the Application.
For this the User must activate, if he wishes, the function “Notifications” directly in the settings of your smartphone or tablet, and accept that the App uses it.
The User may, at any time and for free, deactivate or activate this feature, from the Application.

9.3 It is stated that “Cookies”, whose only function is to identify users of the WebSite (URL, MSISDN, IP address, time and date of navigation, etc.), are automatically collected at each connection and have the exclusive purpose of enabling, improving or facilitate the access and the use of the Website and/or the services. Users of the WebSite may interfere with it by following the instructions on their browser. It is nevertheless specified that the use of the WebSite could, in this case, be altered.

Article 10 - INTELLECTUAL PROPERTY

The WebSite, the Application, the PLAYOU Service as well as all the elements and contents attached to it, provided or represented, in any way, and without this list being limiting, the Contents , the Player, the services, texts, brands, logos, names, software and technical tools, databases, designs and models are protected by the law of the intellectual property and are subject to the laws and regulations applicable in the matter (designated together the "Contents").
MOBIBASE owns the intellectual property rights relating to the Contents or has obtained a regular license from their respective owners.
The use and access to the Content does not give the User any intellectual property rights over any element of the Content, which remains the property of their respective owners.
MOBIBASE authorizes the Customer to view the Content , for exclusively personal purposes, on a non-exclusive title, from the WebSite and / or the Application, through the tools provided by MOBIBASE , under the conditions referred to herein and subject to the payment of the price referred to in Article 6 above, acceptance and compliance with the GCS.
It is recalled that the PLAYOU Service is reserved for a strictly private and personal use that can not extend beyond the family circle. Any commercial use of the PLAYOU Service is strictly prohibited.
It is understood that the User is prohibited (i) to download, in whole or in part, the Content , permanently, on one or more devices (ii) and more generally to infringe in any way the rights of intellectual property attached to the Content.
Any exploitation, reproduction, representation, modification deletion, grant, download, copy, alteration, distribution, transmission, translation, dissemination, sale, rental, decompilation, in particular, of these Intellectual Property Elements , in whole or in part, in any manner, on any device is strictly prohibited, except with the express written consent of MOBIBASE or its licensors .

Article 11 - CONTACT - ASSISTANCE - CLAIMS

The Customer may contact MOBIBASE , by email: contact@playou.tv or by post: MOBIBASE - Customer Relations PLAYOU - 1300, Route des Crêtes - WTC 1 / L - 06560 Sophia Antipolis .
For requests relating to the proper execution of his subscription or for any complaint, the Customer may contact MOBIBASE by email at contact@playou.tv
In case of difficulty occurring during the use of PLAYOU , the Subscriber has the possibility, before any legal action, to seek a friendly solution with the company MOBIBASE , in particular by addressing the mediator of the business (free for the consumer).

Article 12 - ASSIGNMENT

The Client gives his express agreement that his subscription contract to the PLAYOU Service may be assigned to a third party at any time by MOBIBASE , and for this assignment to release MOBIBASE , for the future, from the obligations arising from the performance of the Subscription Agreement.

Article 13 - APPLICABLE LAW

These GCS are subject to the French law.
Any dispute resulting from the formation, interpretation or execution of these presents will be the exclusive jurisdiction of the French courts, subject to the application of the legal provisions of contrary public order.