These Terms set out your rights and obligations, and those of Mycloclo SAS (“we” or “us”), in relation to www.mycloclo.com (the “Site”) and any goods or services available through, and material of any kind accessible or relating to, the Site or us (the “Services”). When we refer to “Mycloclo” in these Terms, we mean us, the Site and/or the Services, according to the context.
You must take the time to read and understand these Terms before using Mycloclo’s services. By registering with Mycloclo, you accept that you are entering into a contract with us under these Terms. People who register for Mycloclo establish an “Account”, and become “Users”. Visitors to Mycloclo who do not become Users, but who nevertheless use the Site, affirm that they are bound by these Terms each time they access Mycloclo. You should be aware that these Terms may change from time to time in accordance with Clause 20 below.
If we ask you to provide some information about yourself when you register for Mycloclo, you must ensure that this information is accurate and current. You may keep this information updated through your Account.
Note that we are entitled to treat anything done through a User’s Account, or by means of an email address, phone number or other communications method associated with that Account, as having been done by the User; it is up to the User to maintain the security of his/her Account.
When you place an order for a Product, you will need to supply us with details of a payment method, such as a credit or debit card, (your “Payment Method”) and other personal details so that we may process the order for you. If you elect to store a Payment Method with Mycloclo, that Payment Method – with some of its details masked, for security reasons – will automatically be used; you may, however, be required to provide certain information (such as, but not limited to, a CV2 card security number) in order to proceed with using that stored Payment Method. In the event that you supply or attempt to use an invalid Payment Method, or a Payment Method which has lapsed, an order made using that Payment Method will fail. If we suspect that your Payment Method belongs to someone else or is one which you are not entitled to use, we reserve the right to suspend or terminate your Account at any time.
The same person may not register more than one Account. We reserve the right to suspend or terminate any Account which we reasonably suspect of infringing this requirement.
Important: You must ensure that the email address we hold for you is kept up-to-date and that you have full access to it – we will be sending you important messages there. So if you change email address, then you must change it on your Account. Should you provide an invalid email address or an email address that belongs to someone else, Mycloclo may terminate your Account at any time without notice.
You should not register as a User if you are under 13 years of age.
Mycloclo allows Users to upload digital video files (each a “Video”) in order for them to be edited into a film. All Videos must meet our Video specifications, which may be changed by us from time to time.
For further guidance and information on uploading Files please visit our FAQs.
Mycloclo offers Users the ability to order:
and we refer to those films, products and services as our “Products”.
As Mycloclo evolves and changes over time, we may add Products or remove Products from our Services. Clause 6 contains the terms of purchase for Products. It is the responsibility of Users to have sufficient web and device usage skills to make use of our Services.
Important: The files you upload to Mycloclo are solely for our editing services and you must not use it as your main or back-up storage facility for your files. It is up to Users to make sure that their files are securely stored elsewhere, as we do not guarantee or offer any storage or recovery service.
You must ensure that your files and related content are stored elsewhere, and that you do not rely on Mycloclo to store and access them, because they will be removed from our system after a certain period of time.
Mycloclo allows you to upload your files through your Account. However, please note that:
Note that we may send you emails which include your Files, or to create examples of personalised Products which may be of interest to you: by uploading Files, you consent to us doing these things with those Files.
You must not share or allow access to any of your Files in return for payment or for any other commercial purpose.
If you delete Files from your Account, we will promptly remove the Files from the order view in your Account, but the Files will not be completely erased from our systems; “deep” links which lead directly to the relevant Files may continue to provide access to those Files. Initially we will apply a grace period of at least one month before completely erasing deleted Files from our systems: this grace period is applied in case we are requested by you to recover the Files or if we are asked by a relevant third party to recover them. Once the grace period is ended, we will check if the Files are in use on our systems. If the Files are in use, we will send you an email explaining that the Files are in use and how you can release them to allow them to be erased from our systems. For more information on our File deletion policies and practices, please contact our customer services team.
As indicated in Clause 3, you should make sure that your Files are securely stored elsewhere, as we do not undertake or guarantee to keep your Files and other User Content indefinitely, and we will not be responsible for the loss of, deletion or corruption of Files or any User Content. We do not keep back-up copies of Files and other User Content; we have no liability to you or any User if Files or other User Content become lost or corrupted as a result of any cause (including human error, software or hardware failure, failures of telecommunications or internet services, or events beyond our control).
If we actively decide that we are to cease hosting Files or other User Content, we will give you reasonable advance notice (of at least three months’ duration) to permit you to make alternative arrangements.
Files and other material (including textual annotations to and comments on Files) uploaded, posted, contributed, distributed, communicated, transmitted or linked-to by a User on, through or in connection with Mycloclo are treated as “User Content” for the purposes of these Terms. Users must have the right to deal with their User Content in the manner provided by our Services. You must not upload User Content, or otherwise deal with User Content through Mycloclo, if you do not have the right to do so. Each User shall ensure that his/her User Content does not:
The above are our Content Rules.
Although we prohibit the uploading of Files and other User Content which infringes our Content Rules, we cannot control and do not monitor or pre-screen the use of our Site. It is possible that Files or other User Content may be accessible through our Site which contravenes our Content Rules. We are not responsible for such Files or User Content, but if you become aware of any such Files or User Content on our Site please contact us.
We may without notice delete any File or other User Content which appears to breach our Content Rules, or prevent any use of Services (including purchase of Products) which includes any such File or User Content.
A contract between a User and Mycloclo for the purchase of a Product is created as follows:
Note that Mycloclo may reject an order in certain circumstances, namely:
If your order is rejected, we will contact you to confirm this and reverse the payment you have made for that order.
You have the right to cancel your contract for the purchase of a Product within 14 days past the purchase and before having confirmed all the files were submitted. We will refund the purchase price you have paid for the Product within 14 days of your request. Please note that the right to cancel a contract and return Products does not apply to any Products for which you have confirmed that you had provided all the files for – although you do have the right to reject any Product which is faulty or not as described in our specifications.
You must ensure that you comply with the laws that apply to you and your use of Mycloclo, including as to User Content, the Files that may be viewed and the Products that may be bought through Mycloclo. That use may be prohibited or restricted in various jurisdictions.
You may choose to cancel your Account at any time. You may be asked to provide further proof that you are the holder of the Account. Further, we are entitled to lapse an Account if its User has not logged in to the Account for two years or more. If your Account is terminated because you have breached this Agreement (including a breach of our Content Rules), we may prohibit you from establishing another Account. Where an Account is cancelled, lapses or is terminated, we are entitled to close the Account and entitled (but not obliged) to delete all Files and other User Content associated with that Account. You will nevertheless remain responsible for performing your obligations under these Terms, and the rights granted to us under these Terms (including in Clause 9) shall not be terminated as a result.
By uploading, posting, contributing, distributing, communicating or transmitting User Content (including Files), a User expressly grants to us a non-exclusive, royalty-free, irrevocable licence (including the right to grant sub-licences through multiple tiers) to use, reproduce, adapt, distribute and communicate to the public that User Content worldwide through Mycloclo and any other interactive services through which Mycloclo (or a service based on Mycloclo) is accessible for the purpose of ,performing obligations we owe to Users and exercising rights Users grant to us, subject to and in accordance with under these Terms. The licence under this Clause 9 will survive any termination of these Terms or any cancellation, suspension or lapse of the relevant Account. For the avoidance of doubt, the licence under this Clause 9 does not permit us commercially to exploit a User’s Files (or other User Content) by creating and selling our own products bearing the User’s Files (or other User Content) without the User’s consent. Note that we may modify User Content in order to conform it to Mycloclo or the requirements of a Product (such as by cropping Files). You acknowledge that all copyright, trade marks, and other intellectual property rights in and relating to Mycloclo (including, without limitation, User Content associated Users other than you) are owned by, or licensed to, us. You may use and access Mycloclo and that User Content only to the extent required for the use of the Services in accordance with these Terms, and for the purpose that we make them available. No-one may copy, distribute, show in public or create any derivative work from Mycloclo, or any of the material which is found on Mycloclo unless properly licensed to do so by us. You are not allowed to use Mycloclo (or to copy or use any material found on Mycloclo) for any commercial purpose other than to conduct the purchase of a Product from Mycloclo. You are not allowed to remove any copyright, trade mark or other intellectual property notices contained in material taken from Mycloclo. No-one may use any robot, spider, scraper or other automated means to access Mycloclo for any purpose without our prior express written permission.
We reserve the right at any time and without notice (a) to suspend or terminate your ability to access Mycloclo, (b) your use of all of part of the Services, (c) to remove from access via Mycloclo any User Content associated with a User or his/her Account, (d) to warn Users and other users of Mycloclo against interacting with a particular User, and/or (e) to take technical and legal steps to stop any Users from using Mycloclo if they appear to us to be in breach of any provision of these Terms. Should we do so, you acknowledge that we shall not incur any liability to you or to any other person. In addition, we are entitled to suspend provision of all or part the Services, or the availability of User Content associated with any User, at any time if we are obliged or advised to comply with an order, instruction or request of any limb of government, or any regulator, court or other competent authority.
If anyone contacts us in relation to User Content or a transaction associated with you, then you agree:
We reserve the right to withdraw or modify all or part of the Services or Mycloclo where we have legal or commercial reasons to do so. There may be times when the operation of Mycloclo is adversely affected, or becomes inaccessible, as a result of technical difficulties experienced by Mycloclo, on the Internet or other communications networks, or other matters that are beyond our control. Please note, however, that we cannot guarantee continuous, uninterrupted or secure access to Mycloclo or any of the material that appears on it. If we are conducting a period of planned unavailability of the Services, we will inform Users of this by a notice that appears on one or more pages of Mycloclo. For security or other reasons, we may require you to change your password or other information which facilitates access to Mycloclo; however, we will never ask you for your password. You are solely responsible for maintaining the confidentiality of your password and any additional identifying information.
We use reasonable care and skill to provide Mycloclo in accordance with our specifications for Mycloclo but:
We shall have no obligation, duty or liability whatsoever in contract, tort (including negligence, breach of statutory duty and any other tort) or otherwise, save as expressly provided in these Terms. Nothing in these Terms excludes or restricts our liability for fraudulent misrepresentation or for death or personal injury resulting from our negligence, nor our contractual obligations in respect of Products we agree to supply following our acceptance of your order in accordance with Clause 6. We, our agents, directors, officers, shareholders, employees and subcontractors will not be liable to you or anyone else, whether in contract, tort (including negligence, breach of statutory duty or other tort) or otherwise:
howsoever caused or arising. Except as expressly stated elsewhere in these Terms, all representations, warranties, conditions and other terms, whether express or implied (by common law, statute, collaterally or otherwise) are hereby excluded, except in the case of fraud, or where such exclusion is not permitted by law. For the avoidance of doubt, Mycloclo will not have liability to you or any other person in respect of User Content. We will not be liable for any failure to perform our obligations under these Terms caused by matters beyond our reasonable control. The provisions of this Clause 16 shall survive the termination or expiry of these Terms.
You agree to indemnify Mycloclo, its agents, directors, officers, shareholders, employees and subcontractors against all liabilities, claims and expenses that may arise out of or in connection with any:
We reserve the right to assign these Terms, and to assign or subcontract any or all of our rights and obligations under these Terms, but will not do so in such a way as to reduce any guarantees you are given under these Terms. You may not without the written consent of Mycloclo assign or dispose of these Terms or any of your rights and obligations under it.
These Terms are intended to contain your entire agreement with us relating to your use of and access to Mycloclo; we believe them to be fair and reasonable. They replace all earlier agreements and understandings with you relating to Mycloclo.
We reserve the right to change these Terms from time to time, and post the new version on Mycloclo. The new version of these Terms will take effect:
In either case, if you do not wish to be governed by the new version of these Terms, you must cease to use the Services and Mycloclo. For the avoidance of doubt, we will not have any liability to you in that event.
If any part of these Terms is held to be invalid or unenforceable, the remainder shall remain valid and enforceable. Our failure to act with respect to a breach of these Terms by you or others does not waive our right to act with respect to subsequent or similar breaches. The headings to the Clauses are for ease of reference only and do not affect the interpretation or construction of these Terms. A person who is not a party to these Terms has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these Terms, provided that this shall not affect any right or remedy of a third party which exists or is available apart from that Act.
These Terms, the Services each order and purchase of a Product shall be governed by French law. You and we each submit to the non-exclusive jurisdiction of the French courts in relation to disputes arising in connection with these Terms, the Services and any order for or purchase of a Product.
We don’t separately file the Terms entered into by Users when they register for Mycloclo. Please make a durable copy of these Terms by printing and/or saving a downloaded copy on your own computer. They are offered in French only.
We are a company registered in France under the name Mycloclo SAS with a variable capital (said in French “à capital variable”); the address of our registered office is 78, allée Jean Jaurès, Le Pré Catelan, Bat.F, 31000 Toulouse.