TERMS OF SERVICE MAPDANCE PLATFORM
The company MAPDANCE, SAS company with a capital of 1.000 €, whose head ofﬁce is in PEYRIGNAC (24210) - 6, Labrousse, registered with the trade register and companies under the number 823 932 207 RCS PERIGEUX (hereinafter "MAPDANCE") makes available on its website https://mapdance.com and its subdomains as well as on any other means of electronic access (hereinafter the "Site") , a Marketplace platform (hereinafter "Platform") allowing anyone, including individuals acting in their personal capacity, as a consumer (hereinafter "Buyer(s)") to be connected with sellers, having opened an account on the Site (hereinafter the "Seller(s)"), in the purpose of buying the products are of the latter (hereinafter the "Products"). It is speciﬁed that the Sellers may also display advertisements on the Site (hereinafter the "Ad(s)").
If necessary, it is speciﬁed that the Seller's can sell tickets as products for all types of events / shows related to the ﬁeld of activity covered by the Site (hereinafter "Tickets").
For all practical purposes, it is speciﬁed that MAPDANCE intervenes in the context of the relationship with the Seller only for the provision of the Platform and the Site. In this respect, MAPDANCE is not a contracting party to the sales contract concluded between the Seller and its Buyer relating to the Products.
MAPDANCE therefore assumes no obligation with respect to the sales contract concluded between the Buyer and the Seller. Any Order of a Buyer implies full and complete adhesion of the latter to the Seller's general sales conditions applicable on the date of the Order (as deﬁned below).
ARTICLE 1. APPLICATION AND ACCEPTANCE OF THE TERMS
The present general conditions of use of the Platform (hereinafter "TOS") apply to Sellers and Buyers (hereinafter collectively referred to as a "User") during any connection to the platform or website as well as any order from Products made by a Buyer from a Seller on the Platform (hereinafter "the order"). The version of the TOS applicable will be the version in effect at each connection to the Platform or the Site and during any Order.
ARTICLE 2. USER ACCESS AND CONFIDENTIALITY OF IDENTIFIERS
2.1. Access to the Platform
The Platform is accessible via a remote connection through a login address (URL), an identiﬁer and a password (hereinafter "Identiﬁers").
The Identiﬁers are proof of the identity of the User and bind him to any use made through him. Their combination will be worth acceptance of the T & Cs. In this respect, the User acknowledges that he proceeds to the electronic signature of these Terms and Conditions in full knowledge of the technology implemented and the terms thereof, and consequently renounces to implicate, in the context of any claim and / or legal action, the reliability of said electronic signature solution and / or the manifestation of its willingness to contract.
The User is alone and fully responsible for his Identiﬁers. He alone bears the consequences that may result from their use by others who were aware. In case of loss of a password, the User has the possibility of re-initializing it via access to a dedicated feature of the Site.
The identiﬁers are personal and conﬁdential. They can only be modiﬁed at the request of the User or at the initiative of MAPDANCE. The User is alone and fully responsible for the use and preservation of his Identiﬁers. It undertakes, therefore, to take all measures to ensure their complete security and conﬁdentiality and not to disclose them to third parties, in any form and for any reason whatsoever. In case of loss or theft of one or more of its identiﬁers, the User is solely responsible for the harmful consequences that may result. It must therefore implement, as soon as possible, the procedure for modifying the I identiﬁers.
2.3. Exchange of information
The User is solely responsible for the information he communicates (name, surname, mail, name, contact details, address, SIRET, etc.), as well as consequences that may result from a possible error or inaccuracy (delay or impossibility of access to the service ...). MAPDANCE incurs no liability whatsoever in this respect. The User agrees that any communication relating to the use of the Platform is made in accordance with the provisions of paragraph 13.3.
ARTICLE 3. CONVENTION ON EVIDENCE
Users acknowledge expressly that:
• the use of the Identiﬁers allows the identiﬁcation of the author of an Order or a message and establishes the authenticity of the Order or the message, without this list being exhaustive,
• an electronic document containing a User's Identiﬁers is equivalent to a writing signed by him,
• the parties may avail themselves of the paper-based impression of an electronic message from an electronic messaging software to prove the content of the exchanges they have concerning the execution of these TOU,
• the data recorded by MAPDANCE during the use of the Platform (registration, Orders, ...) constitute proof of all transactions concluded with Users.
ARTICLE 4. LICENCE
MAPDANCE grants to the User a personal, non-exclusive, non-assignable and non-transferable right of use on all the software necessary for the functioning of the Platform (hereinafter "software") For the duration of the contract between the User and MAPDANCE.
The User may use the Software only in connection with the execution of the Orders, their preludes or their execution, to the exclusion of any other purpose.
The User may not under any circumstances make the Software available to a third party, and strictly forbids himself any other use, including any adaptation, modiﬁcation, translation, arrangement, distribution, decompilation, without this list being limiting.
The license terms automatically apply to all updates and new releases made by MAPDANCE under this license. Notwithstanding the rights granted above, this license does not grant the User any intellectual property rights over the Software, which remain the exclusive property of MAPDANCE.
ARTICLE 5. ORDERING
Buyers may order the Products as long as they are offered on the Site by the Seller.
Subject to the commitments entered by the Seller with MAPDANCE, the Seller freely decides which Products it wishes to offer for sale and the conditions for their sale as well as the content of any Advertising made by the latter on the Site.
It is up to the Seller to provide any useful clariﬁcation as to the exact condition of the Products that he sells on the Platform. The responsibility of MAPDANCE cannot be engaged in Assuming the characteristics or condition of the Product received by the Buyer will correspond not t to what was indicated by the Seller in his ad.
The price of each Product is indicated inclusive of tax and delivery charges, in the description of the product. Product. The delivery costs are freely ﬁxed by the Seller and are added to the price of the Product before ﬁnal conﬁrmation of the Order by the Buyer.
MAPDANCE assumes no responsibility for the delay or delivery terms of the Products which remain under the sole responsibility of the Seller and its potential suppliers.
Any Order from a Buyer implies full acceptance of these Terms and Conditions of Sale and Seller's general terms and conditions of sale. In this regard, it is clariﬁed that the e Seller alone determines the content of his terms of sales and its return and refund policies. The responsibility of MAPDANCE cannot be incurred for the content of terms and conditions of the Seller and its return and refund policy. Even though M APDANCE is not responsible for disputes arising between the Seller and the Buyer, MAPDANCE will act, if necessary as a mediator to resolve the said dispute in order to determine the most appropriate solution to protect the interests of the buyers and the image of the Site and the Platform. Following this mediation, the Seller and the Buyers will be required to accept the decision made by MAPDANCE. If there is a refund of the product, MAPDANCE can proceed once the seller has provided the necessary funds.
Any Order from the Buyer will be communicated to the Seller only after full payment of the price of the Product, in principal and accessories, by the Buyer.
Buyers perform their credit card payment on a bank account opened in the name of MAPDANCE that cash funds on behalf of the Seller.
From the notiﬁcation of the Order to the Seller by MAPDANCE, the contract of sale is deﬁnitively concluded between the Seller and the Buyer and the Buyer is debited the amount paid by credit card.
The Seller is solely responsible in case of unavailability of the Product which he alone has the control.
Seller agrees to ship and deliver or, where applicable to make available in the store, within the deadlines indicated to the Buyer of the Order, the Products subject of the Order. The delivery of the Products is made under the sole responsibility of the Seller or, as the case may be, the Buyer, if the general conditions of sale of the seller, as accepted by the Buyer so provide.
The Buyer is informed that any Order must give rise on his part to a conﬁrmation of receipt and conformity of the Products received or to a dispute within a period expiring on the day of expiry of the statutory withdrawal period referred to in Article 6. Otherwise, the Order will be deemed to have been validly made by the Seller and the latter will be paid the amount of the Order, without any subsequent dispute possible for the Buyer.
ARTICLE 6. RIGHT TO RETRACT
In France, under the conditions set out in Article L.121-21 of the Consumer Code, the Purchaser has a cancellation period of fourteen (14) calendar days before the receipt of the last Product of his Order. In other countries, the local legislation applies.
The Buyer may return, without justiﬁcation or penalty, any Product, in its original packaging and in good condition, clean to its re-marketing and ask the exchange or refund to the seller.
Any request from the Buyer to this effect must be notiﬁed to the Seller on the Site.
The return of a parcel must be carefully prepared by the Buyer according to the instructions given by the Seller, in particular, it must be returned with all the accessories delivered in its original packaging, and sent to the address of the competent department which has been communicated. to the Buyer by the Seller.
In accordance with the provisions of Article L.121-21-4 of the Consumer Code, the Seller has fourteen (14) days to reimburse the Buyer, from the date on which it is informed of his decision to withdraw. The Seller may defer repayment until recovery of the goods or until the Buyer has provided proof of the shipment of these goods, the date chosen being that of the ﬁrst of these facts.
MAPDANCE will proceed to the reimbursement of the Buyer by order of the Seller by the same means of payment as that used to pay its Order.
It is, however, expressly stated that in France, under Article L. 121-21-8 of the Code of Consumption, except agreement of the Seller, the right of retraction cannot be exerted for certain goods and products. In this respect, MAPDANCE recalls that the Tickets are not subject to a right of withdrawal.
ARTICLE 7. IMPLICATION OF MAPDANCE AND GUARANTEES
7.1. General provisions
MAPDANCE intervenes only as an intermediary between the Seller and the Buyer. MAPDANCE has in no way the reseller quality of the Products offered on the Site and the Platform. Accordingly, MAPDANCE will not assume any costs and obligations of any kind, relating to the Seller's business or the promotion and sale of the Products and does not give any warranty to any person as to the Products or the Sellers.
In application of Law No. 2004-575 of 21 June 2004 on conﬁdence in the economy Numeric (LCEN) MAPDANCE responsibility cannot be committed because of content made available on the Site by Sellers or Buyers unless MAPDANCE did not make them inaccessible after their wrongfulness has been notiﬁed to them.
In addition, the sale of Products occurring on the Platform only between the Seller and Purchaser, MAPDANCE cannot be held liable for the said sale to which MAPDANCE is foreign.
Therefore, any claim must be addressed by the Buyer to the Seller, via the Site. MAPDANCE undertakes to set up the adequate support service to streamline the communication between the Seller and the Buyer or respond to any request relating to the use of the platform. Therefore MAPDANCE supports the technical aspects related to the platform and leave it to the Seller of a p bring answers for any other related subjects such products sold. Any contact between the Seller and the Buyer will be made via the platform using a contact form. The Seller remains alone responsible for the processing of claims and after-sales services related to the Products he sells on the Site. MAPDANCE not liable in case of dispute between a Buyer and Seller, but nevertheless reserves the right to intervene in arbitration in Seller does not provide an answer to a request or settle a dispute opened by Buyer within 10 calendar days. In this case, the Seller is required to comply with the arbitration rendered by MAPDANCE.
7.2. Speciﬁc provisions for the sale of Tickets
MAPDANCE acts as an intermediary between Buyers and Ticket Vendors. Accordingly, these TOS apply only to the intermediation services and not the general conditions of sale of Tickets applied by the Sellers, regardless of the quality of the latter (including organizers / resellers of ticketing), nor the conditions organization or running of the show or the event itself. In this respect, the latter undertakes to inform Buyer s any kind of event to undermine the smooth running of the show or event concerned by the Ticket. Any ticket refund request for any reason whatsoever (cancellation of the event or other) or more generally any communication should be addressed to the Seller via the Platform.
The conditions for the routing or withdrawal of the Tickets will be determined by mutual agreement between the Buyer and the Seller at the time of the Order. MAPDANCE incurs no liability in the event of loss of the Tickets after the Order, nor in the event of non-compliance with any provision relating to the non-transferability of the Tickets. It is therefore up to each Buyer to ensure that the Tickets sold to him by a Seller are legally valid.
ARTICLE 8. RESPONSIBILITY
The responsibility of MAPDANCE towards the User can only be engaged for established faults that would be attributable to it and in particular for non-compliance with its obligations under the Terms. By using the Platform, the User declares and guarantees that he is fully aware of the characteristics and constraints of the Internet, in particular that data and information transmissions over the Internet only beneﬁt from a relative technical reliability. The User acknowledges that any site may be subject to the intrusion of unauthorized third parties and be corrupted accordingly and this despite the protective measures in accordance with the rules of art put in place by MAPDANCE.
MAPDANCE can in no way be held responsible for accidental or voluntary damage suffered by the User and caused or not by third parties and not found in any breach of MAPDANCE's contractual obligations.
The User acknowledges being solely responsible for any information appearing on his User account as well as the use he makes of it.
As a result, MAPDANCE cannot be held liable in particular for:
• any case of Act of God;
• the difﬁculties of access to the Platform due to the total or partial non-compliance of an obligation of the User, the use by the User of equipment not adapted to the characteristics of the Platform, a failure and/or saturation of the internet network at certain times and over which MAPDANCE has no control;
• the misuse of the Platform by the User;
• possible misuse of the Identiﬁers, and more generally any sensitive information for the User, these being under the sole responsibility of the User.
Any repairs of the damage to the User due by MAPDANCE resulting from a fault duly established against it will correspond to the damages, losses and direct damages related to the failure in question, to the express exclusion of the indirect damages.
ARTICLE 9. MODIFICATION S OF THE PLATFORM
MAPDANCE reserves the right to change the Platform, in particular by making available new features, or by modifying or removing certain features. The User will be informed of any modiﬁcation concerning him when connecting to the Platform, where new Terms will have to be approved.
ARTICLE 10. USER CONTRIBUTIONS
The user has the option to publish any type of content on the Site (including the Seller note, post comments and opinion on the products as well as events and shows relating to the Notes) (hereinafter a "Contribution").
MAPDANCE is expressly authorized to use, reproduce, modify, adapt, translate, distribute, publish and make available to all persons these Contributions anywhere in the world and on any medium whatsoever.
Any contribution is public and not the subject of a check prior to dissemination by MAPDANCE which does so incurs no liability for Contributions which remain the sole responsibility of the author. MAPDANCE nevertheless reserves the right to delete any contribution which it deems contrary to public policy or to the following provisions.
In any case, the Buyer s' agrees that such Contributions comply with this charter under which a contribution can only have:
• any false, illegal, misleading, defamatory, abusive, obscene, pornographic, indecent, suggestive, intimidating or harassing information of a third party, threatening, disrespectful of the rights of privacy or publication rights, abusive, incendiary, fraudulent or reprehensible;
• content that constitutes, encourages, promotes or provides an indication of the manner in which an illegal activity or criminal offense is to be carried out, commits civil liability, violates the rights of a third party in any country in the world, or who incur liability or violate local, national or international law;
• content violating any intellectual property right;
• content that impersonates a person or entity;
• no promotion, direct mail or "spamming", Political campaign messages, advertisements, contests, sweepstakes or unwanted solicitations;
• information conﬁdential, including in particular the name, addresses, phone numbers, email addresses, social security numbers and credit card numbers of a user or any other person.
Any User has the option to request the removal and deletion of any Content that he/she has posted on the Site. MAPDANCE undertakes to withdraw such Content as soon as possible after the receipt of a request to this effect by the User author of the Content or by any third party in case of Content contrary to the provisions of this article.
ARTICLE 11. PROTECTION OF PERSONAL DATA
MAPDANCE is responsible for the personal data processing of Buyers and Sellers.
The information provided by the Buyer for their Order are intended for MAPDANCE or its service providers, and are used for the treatment and monitoring of Orders, marketing management and customer relationship, and exclude any commercial solicitation not involving the use of the Platform. This information will also be provided to the Seller(s) concerned by the Order(s) who agrees to use solely for that purpose and to make any statement that would be required.
Data concerning Buyers may also be communicated to partners from MAPDANCE for the purposes of electronic, mail or telephone prospecting.
Any Buyer may refuse this by sending a message to MapDance from https://mapdance.com/Contact .
In accordance with the provisions of the Data Protection Act of 6 January 1978, all Purchasers has at all times a right of access, opposition, rectiﬁcation and deletion of data personal about him, he can exercise by sending an e-mail with proof of identity to contact /at./ mapdance.com.
ARTICLE 12. CONSERVATION OF DATA
The User acknowledges that MAPDANCE is under no obligation to store data on its servers, as part of the use of the Platform. Consequently, and unless special conditions derogate from this article, MAPDANCE will not be bound by any obligation to store the User's data beyond a period of 5 years.
Consequently, the User acknowledges that he will have to take all necessary measures to ensure, by his own means, the preservation of this data, beyond the said period of 5 years.
ARTICLE 13. VARIOUS STIPULATIONS
13.1. Amendments and coming into force
MAPDANCE reserves the right to make changes to these Terms. Sellers and Buyers will be notiﬁed of such changes when they connect to the Platform.
MAPDANCE and each of the Sellers are independent contractors. None of the provisions of the TOS will be deemed to create an employer-employee relationship, and MAPDANCE and each Sellers will not respond in all respects except to the employment, control and conduct of all persons employed by them. MAPDANCE and each of the Sellers and any of their employees are not authorized to engage nor can they declare themselves authorized to engage the other party in any capacity whatsoever.
Unless otherwise speciﬁed, any communication between MAPDANCE and the Seller / Buyers will be made by email to the email address provided at the time of registration of the Seller / Buyer and to the following address for MAPDANCE : contact /at./ mapdance.com .
13.4. Invalidity - Waiver
If one or more of the clauses of the TOS is or are declared null or not applicable by a jurisdiction, they will be considered as unwritten, the other clauses remaining in force.
The fact that one of the parties did not require the application of a regulatory or legislative provision or of any GSC, permanently or temporarily, can in no way be considered as a waiver of the rights of this party arising from said provision or stipulation.
13.5. Applicable law - Litigation
These Terms are governed by French law. In the event of a dispute between the parties regarding the validity, interpretation, execution, resolution, consequences and consequences of the TOU, the parties undertake to resolve it before amicably. If at the end of a period of thirty (30) days, they could not reach an agreement, the dispute would then be submitted to the Commercial Court of Nantes, which will have sole jurisdiction, even in case of plurality of defendants, call in warranty or interim, subject however to any mandatory provision applicable, particularly in terms of consumer law.