GENERAL TERMS AND CONDITIONS OF SERVICE

www.pixmobi.com

Updated on 01 January 2016

BETWEEN

The company COWEMO, a joint stock company with capital of € 50,000.00, registered with the Trade and Corporate Register of GRASSE under number 528 627 888, located at Place Sophie Laffitte – Bâtiment Agora - C/O Fondation Sophia Antipolis - 06904 SOPHIA ANTIPOLIS - FRANCE, represented by its Chairman duly authorized for the purposes hereof.

Hereinafter "COWEMO"

AND

Any legal or physical entity, governed by private or public law, registering on the site for the purpose of subscribing to one or more services provided by COWEMO.

Hereinafter the "CLIENT"

1.1. Legal Identification

• The www.pixmobi.com site is Published by COWEMO, a joint stock company with capital of EUR 50,000.00, located at Place Sophie Laffitte – Bâtiment Agora - C/O Fondation Sophia Antipolis - 06904 SOPHIA ANTIPOLIS - FRANCE, registered with the Trade and Corporate Register of Grasse under No. 528 627 888 - APE Code (Principal Activity Code) 6202A, contact@cowemo.com which also manages the publication through its legal representative.

The site is hosted by the company OVH GS SAS, whose registered office is at 2 rue Kellermann 59100 Roubaix, www.ovh.com.

1.2. Personal Data Policy

• Pursuant to the Act of 6 January 1978, collection and the computer processing of data that might be carried out by the Site are first registered with the Commission Nationale de l'Informatique et des Libertés (National Information Storage and Freedom Commission)(CNIL www.cnil.fr) under the following reference : uNN0328920P. You have the possibility to access it by writing to the CNIL, at 21 rue Saint Guillaume, 75340 Paris cedex 07, or by e-mail to decweb@cnil.fr.

• The operation of this Site may involve the collection of a certain amount of personal data from the internet user (Visitors, Clients). The main purpose of such collection is the proper display of the site on the user’s screen and the establishment of general activity statistics. The collection of certain personal data may be made by the use of "cookie" files stored by the server hosting the site on the visitor's hard drive to facilitate navigation on the site or for constituting statical data concerning general site activity. Although they do not allow direct identification of the user, they are processed by the CNIL as personal data. The data thus collected is neither sent nor sold to any third party except in the very unlikely case that they should be communicated to the judicial authorities by court order. Only data relative to billing and payment are retained by COWEMO. The latter cannot be bound by any obligation relative to such data and concerning its security in particular.

• Moreover, COWEMO shall not transfer any personal data that may be collected on the Site, to non-member states of the European Union or the United States, which does not present a level of protection equivalent to that in force within the EU. In the unlikely event that such a transfer would be required and foreseen, COWEMO shall undertake to sign an agreement prior thereto with the entity receiving the data, whereby the latter would undertake to provide data protection in accordance with Directive 95/46/EC of 24 October 1995, transposed into French law by Act of 15 July 2004 and to communicate said agreement to the CNIL.

• Visitors to the site have the option of refusing the registration of any such cookies by selecting the corresponding option in the browser's toolbar. The site user is requested to carry out this step if he/she so wishes. In said event, the ease of navigation, loading of web pages, and the implementation of certain applications may be altered. The following procedure should be carried out for complete rejection of cookies:
• Internet Explorer (Microsoft): In the Tools menu click on Internet Options / Click on the Security tab / Click the Internet icon / Click on Customise the Level / Select Disable Cookies in the paragraph Cookies (2 times) / Click OK (2 times)
• Firefox (Mozilla Foundation): In the Tools menu select Options in the tree menu. /Select click on delete cookies or click delete all information/Click on OK
• Other Web browsers: please refer to the help section or contact the publisher, dealer, or computer consultant.

• Pursuant to Article 39 of Law No. 78-17 of 6 January 1978 relating to data, files and freedoms, as amended by Act No. 2004-801 of 6 August 2004 (Article 5), all Visitor or Clients have a right to access, modify, rectify, and delete data that may concern him. When necessary, said rights may be exercised with COWEMO: by letter to COWEMO SAS, Place Sophie Laffitte – Bâtiment Agora - C/O Fondation Sophia Antipolis - 06904 SOPHIA ANTIPOLIS - FRANCE, or by e-mail to contact@pixmobi.com. Requests are processed within a minimum period of one month and shall not exceed four months.

1.3. Definitions

• Application: all of the of content management solution features proposed by Pixmobi.

• Client: any physical adult individual or legal entity having subscribed one of the services contained herein, such as the PIXMOBI, services with COWEMO.

• Access codes: the combination of "username/password" used to login and have access to the Pixmobi Application. The access codes are a part of the user account

• Data: files and information of all kinds (text, images, sounds, videos, etc..) under the responsibility of the Client that are filed on the servers managed by Pixmobi

• Services: all services provided by the company COWEMO to the Client and Users including management of content using the www.pixmobi.com platform.

• Website: the website located at URL http://www.pixmobi.com

• PIXMOBI Solution: all equipment and computer programs whose property rights are held by COWEMO, which are available to Clients and Users for ensuring provision of the Services defined herein including by means of the Application.

• Client sites: sites created by the CLIENT using the PIXMOBI solution

• User: any person having an account that makes it possible to have access, even gratuitously, to the Pixmobi solution.

2.1. General Description of Services and prior notification

• The company COWEMO, from its www.pixmobi.com platform, provides content management and publishing services for the Client making it possible to make use of an administration interface, the transfer, and storage of data and access to the latter.
• The Service is delivered into a premium offer

• The Client is invited to visit the Pixmobi website at www.pixmobi.com to familiarise themselves with the different offers.

• Depending on the offer selected, each client site has a disk space and a certain volume of traffic. The Service also includes features that allow users to update their website (List of available features available on the www.pixmobi.com) site.

• The number, type, and accessibility of available features depend on the offer selected and the status of the user (administrator, contributor, or validator). A detailed description of the offers is available at www.pixmobi.com or upon request from Pixmobi at the following address: COWEMO SAS - Place Sophie Laffitte – Bâtiment Agora - C/O Fondation Sophia Antipolis - 06904 SOPHIA ANTIPOLIS - FRANCE.

• Any new feature of any kind whatsoever related to the offer shall be automatically subject to the present General Terms and Conditions of Service, unless otherwise stated.

• Use of the Service requires that the User have an Internet connection and the appropriate hardware whose costs are independent of the Service offered by COWEMO.

• COWEMO may be required to send the user a number of information within the framework of use of the Service (newsletter, e-administration, etc.). Such information is an integral part of membership to the Service and they cannot be refused.

• The USER shall undertake to not access the Service by any means other than the interfaces provided by COWEMO for said purpose.

• The Service is a web hosted application, therefore, COWEMO may occasionally send important announcements regarding its operation to all Users of the Service (regardless of whether they notified their refusal or not).

2.2. Territories

• The present site is available to all countries around the world.

• Should the present Site, the services it offers, or the manner in which they are offered be partly or entirely illegal under
  the national laws of the CLIENT’s country of residence, then said latter must refrain from accessing it from said territory
  or access it from other territories where they are considered legal. Any CLIENT who chooses to access the www.pixmobi.com platform from a territory where it is considered to be totally or partially illegal does so on its own
  initiative and at its own risk and must assume the consequences of application of the public policy  regulations in effect 
  in its country of residence, without attributing liability to COWEMO.

2.3. Acceptance

• By subscribing to these services as a CLIENT, said latter shall be subject to the present General Terms and Conditions of Service. The CLIENT accepts the application of all rules set forth in the present, in all documents available on the Pixmobi website, www.pixmobi.com, incorporated herein and by reference, which govern its relations with third parties and COWEMO and said for the duration of the services provided.

• The CLIENT acknowledges that it has read the legal information contained on the www.pixmobi.com prior to registering for the services.

2.4. Modifications

• COWEMO reserves the right to modify the present General Terms and Conditions of Service as necessary, according to the technical evolution of the  www.pixmobi.com platform, the diffusion models available, and changes in the legislation at its sole discretion. Use of the Site and service provided by the CLIENT are always subject to the most recent version of the General Terms and Conditions of Service posted on the Site and available to the CLIENT at the time of use. It is the client's responsibility to consult the General Terms and Conditions of Service, available in both the public portion of the site in the area reserved for each CLIENT, as often as required.

• When using the Site and upon provision of Services, the Client may be subject to guidelines or rules posted on the Site and applicable to the Services, which may contain terms and conditions that are in addition to the present General Terms and Conditions of Service.

2.5. Breach

• COWEMO has the right to refuse future access to the services provided on the Site to CLIENT who violate the present General Terms and Conditions of Service; to deny said latter access to any affiliated site for which COWEMO is responsible; or to close any account for access to one of its sites without prejudice to compensation that may be due to COWEMO.

3.1. Registration - Subscription to Services

• CLIENTS are the only subscribers of the Services hereunder.

• Registration with the platform www.pixmobi.com  in order to subscribe to any of the services provided by COWEMO by means of the PIXMOBI Solution is carried out online on the www.pixmobi.com site completion of the CLIENT identification process, and the good faith statement of personal, professional and banking information requested in the registration forms.

• The CLIENT shall undertake to fill in all mandatory fields contained in the registration forms in good faith.

• COWEMO reserves the right to refuse an application for registration to the platform by a person or entity not willing to comply with the General Terms and Conditions of Service or does not fully or in good faith provide information on the registration forms or does not provide all the requested documents.

• At the time of registration, the CLIENT certifies:
• For physical individuals,
• That he/she is an adult
• That he/she can freely give his/her consent
• For representatives of legal entities
• That he/she is legally authorized to bind the legal entity
• That they are not subject to reorganization or liquidation

3.2. Account

3.2.1. Availability

CLIENTS are able to access a personal account by activating the connection parameters (username and password chosen by them at the time of registration for the services), which are activated after validation by COWEMO registration on the Site. The identification data enabling access to their accounts are sent as a reminder to CLIENTS via email. It is the CLIENTS' responsibility to verify the validity of the email address entered on the registration form, given that said email address is a means of identifying the CLIENTS' account. In the event where the email address is incorrect, it is possible that the CLIENT will not be able to access its account and personal space without COWEMO being in any way liable.

It is the responsibility of each CLIENT to regularly change the PIN that was personally chosen at the time of registration with the services and to ensure that the code is made up of letters and numbers that are sufficiently long.

3.2.2. Connection settings disclaimer

Each CLIENT is obligated to maintain the connection settings (username and password) that were personally entered upon registration on the www.pixmobi.com platform confidential.

He is responsible for all uses, whether or not actually or expressly authorized. It is forbidden for the CLIENT to transfer, lend or assign its connection settings to any third party or allow any third party not bound to it in the normal operation of its governing structure to connect to their account.

The CLIENT shall further undertake to:

• immediately notify COWEMO in the event of misuse of its connection settings or account or in the event of any other breach of its security
• make sure to have properly disconnected from the account at the end of each session using the "Log out" link intended for said purpose.

3.2.3. Contents of the Account

COWEMO has no right to ownership of data, information or documents that the client submits to the Service at the time of use of said latter (the "Client Data"). The CLIENT, not COWEMO, is solely liable for the accuracy, quality, integrity, legality, reliability, appropriateness and intellectual property rights or rights of use of all CLIENT data, and COWEMO may not be held liable for the deletion, correction, destruction, damage, loss, or failure to store any CLIENT data. Upon termination hereof (not due to breach by the CLIENT), COWEMO shall provide the CLIENT with a Client Data file within 30 days of termination if the Client so requests at the time of termination. COWEMO reserves the right to withhold, remove and/or discard CLIENT Data without prior notice in the event of any breach whatsoever, including default of payment by the CLIENT in particular. Upon termination for cause, the CLIENT's right of access to CLIENT data or usage right to said latter ceases immediately and COWEMO shall not be required to store or transfer any CLIENT data whatsoever.

3.2.4. Technical Support - Premium Offer only

The CLIENT having subscribed the Premium shall receive technical support, which is accessible from the management interface of the account.

The CLIENT expressly acknowledges having been informed that only requests for assistance made in writing using the support tool provided for this purpose processed by COWEMO.

COWEMO shall undertake to process CLIENT request within 24 hours.

3.2.5. Operating conditions – Service Level Agreement (SLA)

Operating conditions

The CLIENT acknowledges and accepts that fluctuations in bandwidth and vagaries that may result from failure or maintenance performed by the access provider and/or the host, if any, are external factors that might cause a discontinuity in the provision of the Services that are not attributable to COWEMO.
Furthermore, service is immediately restricted, limited, or suspended by COWEMO in cases where:

• it appears that the CLIENT uses the services provided for an activity, regardless of the type, that does not comply with the present General Terms and Conditions;
• COWEMO receives information to said effect notified by a competent, administrative, arbitration or judicial authority in accordance with the appropriate applicable laws, or by a third party, especially under the loi de Confiance pour l'Economie Numérique (Law on Confidence in the Digital Economy) of 21 June 2004 (LCEN ).

Service Level Agreement (SLA)

COWEMO shall undertake to make sure that the Service is accessible and that its availability rate is 99.9%, i.e. a maximum downtime of 43 minutes and 12 seconds per month. In case of non-compliance with the rate of availability, COWEMO agrees to pay a penalty equal to 2.5% of the monthly amount billed in increments of 60 minutes of downtime.

Nevertheless, the amount of penalties paid monthly by COWEMO may not exceed the monthly amount billed to the CLIENT.
Scheduled downtime for maintenance or for other reasons are not included in the monthly calculation of Service availability. COWEMO shall inform the CLIENT of scheduled downtimes as follows:

• COWEMO shall sends email notification with a minimum notice of 48 hours for downtimes exceeding 60 minutes;
• COWEMO shall send email notification with a minimum notice of 1 hours for downtimes that are less than 60 minutes;

3.3. CLIENT Status

• CLIENTS delivering their web services in mobile version via the platform www.pixmobi.com are exclusively CLIENTS who are independent or carrying out their activity as a group or company. The CLIENT declares and warrants to be insured for its activity and in accordance with the rules of its professional for material, financial, physical, or emotional loss that it may cause when using the www.pixmobi.com platform or due to such use, including any loss that may be caused to its own clients.

• COWEMO recalls that CLIENTS providing services as a merchant are subject to certain specific obligations, such as registration with the of Trade and Corporate Register 'RCS' (Registre du Commerce et des Sociétés), the keeping of accounts in accordance with applicable rules, the payment of VAT and other applicable taxes.

3.4. PIXMOBI Solution User License

COWEMO grants to the CLIENTS, who accept, a nonexclusive, non-transferable, non-assignable right to use the service granted by COWEMO, as part of the offer to which they are subscribed and strictly within the limits of the object hereof, namely the provision of Services.

As such, CLIENTS are expressly forbidden to:

• Sell, sell, publish, display, disclose or make available to any third party software and/or materials made available by COWEMO within the scope hereof;
• Perform reverse engineering, decompiling or disassembling of the PIXMOBI Solution, except as expressly authorized by law;
• Removing references of identification and ownership of the PIXMOBI solution;
• Lease, lend, or use the COWEMO Solution with the objective of sharing it or making it available to third parties hereto;
• Publish any test or analysis or evaluation of performance relative to the PIXMOBI Solution without prior written permission from COWEMO;
• Access the source codes of the software components of the PIXMOBI Solution;
• Use or copy the PIXMOBI Solution by any manner not expressly authorized herein.

3.5. Pricing policy

3.5.1. Rates

The current rates for the various Services and provision of service offered by COWEMO can be consulted on-line on the www.pixmobi.com site and upon request from COWEMO at the following address: COWEMO SAS - Place Sophie Laffitte – Bâtiment Agora - C/O Fondation Sophia Antipolis - 06904 SOPHIA ANTIPOLIS - FRANCE.

The Services or provision of services ordered are listed in the order taking into account the specific conditions that apply, and include all taxes unless otherwise stated and are payable in Euros.

COWEMO reserves the right to change its prices at any time, subject to notification of the CLIENT via email or in a warning posted on the site www.pixmobi.com at least one month in advance, if the new rates less VAT are less favourable to the Client. In this case, the CLIENT shall have a period of one month to terminate this contract without penalty as from notification of said information. Otherwise, the CLIENT shall be deemed to have accepted the new rates. The rate changes shall apply to all contracts including those already in effect.

COWEMO reserves the right to pass on any new tax or any increase in the existing taxes rates without delay.
The services provided by COWEMO are payable upon order. By express agreement and excluding deferral requested in time and granted by COWEMO exceptionally and in writing, the lack of payment of any sum due at the time it is due under the contract shall incur ipso facto and without prior notice:

• the suspension of all current services of all kinds whatsoever, without prejudice to COWEMO to make use of the option of terminating the contract;
• the application of interest until the date of actual payment at a rate equal to one and a half times the legal rate of interest applicable in France.

Any disagreement concerning billing and the types of services must be expressed by email to pixmobi@cowemo.com within one month after submission of the order.

3.5.2. Payments

In case of subscription to a paying offer, the Client shall receive an order form that must be returned signed and accompanied by payment corresponding to the billing frequency it chooses.

The CLIENT has the option to make a payment:

• By check payable to COWEMO
• By wire transfer to the account listed on the order form

The Service subscribed by the CLIENT is implemented upon receipt by COWEMO of the order form with payment by the CLIENT, subject to any verification by COWEMO of information provided.
COWEMO shall acknowledge receipt of the order form and payment to the CLIENT and shall notify said latter by email of implementation of the services ordered.
The date and time on the COWEMO server shall be valid as proof between the Parties for all exchanges of information by electronic mail. Said information shall be kept by COWEMO throughout the period of contractual relations.
Payment of the Service shall be billed on a monthly, quarterly, semester or annual basis, depending on the option chosen by the CLIENT and no refund shall be made unless expressly specified otherwise.
In the event of invalidity of the CLIENT's banking information for whatever reason whatsoever, the service may be deleted and all information contained in the account may be permanently deleted. COWEMO declines all liability for content lost due to invalid banking information from the CLIENT.

3.6. Duration of subscription to the Service

The Service is subscribed for a 12-month period. Once said period has elapsed, the client account and its sites shall be taken offline after expiration of the service, after which the data will be deleted unless extended under the terms specified below.
COWEMO shall undertake to send at least three reminders via e-mail before expiration of the service.

3.7. Renewal of Service

COWEMO shall notify the CLIENT of the expiration of the subscription to which it subscribes, and the amount to be paid for renewing the Service, when possible via email sent to the billing contact for the CLIENT (email address must be kept up to date, subject to the CLIENT's responsibility) no more than 10 days before the due date.

Any default in payment or improper payment, i.e., in particular an incorrect amount, or incomplete, or does not contain the required references, or by means or a procedure not accepted by COWEMO shall simply ignored and cause rejection of the COWEMO activation or renewal application for the Service.

If the renewal is paid by check, it is the CLIENT's responsibility to request renewal within sufficient time so that the check is actually received by COWEMO before the service ends.

• All user are strictly bound to respect the rules set out below, violation thereof shall result in automatic termination of the subscription to services on the platform. COWEMO also reserves the right to pursue any User who is the perpetrator of any violation that the company considers particularly serious.

• In addition, and in limine Users may not, notably:
• send unsolicited messages or other messages in numbers that violate applicable laws;
• send or store data that contain viruses, worms, Trojan horses or other harmful computer codes, files, scripts, agents or programs;
• interfere with or disrupt the integrity or operation of the Service or its data;
• attempt to gain unauthorized access to the Service or its related systems and networks.

4.1. Messaging

USERS are required to not use the messaging features for sending messages in large numbers (SPAM) or to persons who do not wish to receive them. As such, COWEMO reserves the right to develop on its servers software tools to prevent such practices in light of complaints from anyone (client or not client) relative to an email sent from the Pixmobi application or using the URLs of sites hosted in COWEMO.

4.2. Compliance with the general principles of intellectual property

• USERS must comply with the principles of intellectual property with respect to the content they are likely to put on their sites in particular.

In particular, they must not place signs, slogans, company names, or designs for which they are not owners of the property rights or the exploitation rights, on their sites.

• The discovery of an infringing broadcast by COWEMO shall result in immediate closure of the offending USER's account as set forth in Article 8.2. herein.

Moreover, COWEMO reserves the right to further prosecute infringing Users, alone or in conjunction with the legitimate holder of the intellectual property rights that were infringed upon.

4.3. Non-violation of Copyrights© - Links (owned by COWEMO or other Users)

• This site respects copyrights. All copyrights of protected works that are reproduced and communicated on the present Site apply worldwide. All uses of works other than individual reproduction and private consultation are prohibited without permission.

4.3.1. Reproduction on paper

• Reproduction (printing) of the pages of the present site on paper is permitted for personal non-commercial use only.

4.3.2. Electronic reproduction

• Reproduction of all or part of the present site on an electronic device is prohibited.

Creating links to http://www.pixmobi.com

The COWEMO site allows the establishment of a hyperlink pointing to its contents, subject to:

• not using the technique of “deep linking”, namely, the pages of the Site must not be nested within the pages of another Site, but accessible through the opening of another window.
• mentioning the source that shall open after clicking on the hypertext link directly from the targeted content.
• information must be used for personal, associative or professional purposes alone;
• any use for commercial purposes or advertising is excluded.
• said permission does not apply to websites containing information that is controversial, pornographic, incite racial hatred or any form of discrimination or which may, to a broader extent, affect the sensibilities of the greater majority.

• For other uses, please consult the Editor.

Links pointing to other sites that are inserted on http://www.pixmobi.com:

• This Site may contain links to third party websites that are not controlled by COWEMO. COWEMO is in no manner liable for the content of other Web sites that Users may access from the Site. When the User accesses a Web site other than COWEMO, it does so at their own risk, and COWEMO may not be held liable for the accuracy or reliability of the information, data, opinions, advice or statements made on said other site, nor the quality of products or services offered there. COWEMO provides these links only as a convenience and the existence of such links does not imply that COWEMO endorses or accepts any liability for the content or uses of such Web sites.

4.4. Respect for individual, image rights and property rights

• It is especially forbidden for USERS to post photos of people or property on their sites that are not free of royalties or for which they do not hold the broadcast, reproduction and adaptation rights.

• Any violation of image rights of persons and goods found by COWEMO shall be subject to the possible initiation of court proceedings in addition to immediate closure of the violating User's account as provided for in Article 8.2.

4.5. General compliance with the principles of morality, courtesy and loyalty

• In general, the USER shall undertake to respect the laws and regulations in force in their Country so as to not violate public policy and morals conduct or the rights of others and in particular, without limitation, that no data transmitted in the scope of use of the Services:
• is pornographic or paedophile;
• is conducive to violence, crime, felony, suicide, acts of terrorism, theft, acts of damage or deterioration;
• condones war crimes, crimes against humanity and acts of terrorism;
• is conducive to discrimination, hatred or violence against a person or group of persons because of their origin or their ethnicity, nation, race or because their religion or morals;
• shall damage the honour or reputation of any individual in any manner whatsoever; damages the security, privacy, image and intimacy of any third party's privacy.

• In addition to the obligations contained in Article IV hereof, the CLIENT shall indemnify COWEMO against any claims brought by any one of its own users or clients which has its origin in the performance of its own services via the www.pixmobi.com platform.

• Whatever its status, the CLIENT hereby declares to indemnify COWEMO against any proceedings or imputation of loss judicially and finally recognized as such, which was suffered by one of its clients/users and find its origin in a provision of service provided by him/her, or which might have been caused during a provision of service by him/her by means of the www.pixmobi.com platform in the event where a court finds COWEMO liable including for the provision of technical means that could contribute to the alleged loss.

• The CLIENT shall undertake to have the power, authority, and capacity necessary for the conclusion and implementation of the obligations set forth herein.

• The CLIENT is responsible for all activities taking place from its accounts, websites and agrees to comply with all laws, regulations and local, state, national and international treaties applicable in the context of its use of service, including those concerning the protection of personal data, international communications and the transmission of technical data or personal files, freedoms and intellectual property, as well as third party rights, and specifically agrees to make any declaration of data processing with the Commission Nationale Informatique et Libertés (CNIL).

• The CLIENT agrees to be solely liable for the consequences of malfunction of the Service resulting from any use by its staff or any person to whom the CLIENT shall has provided his (or her) password(s). Likewise, the CLIENT alone shall bear the consequences of loss of the password(s) of the account(s).

• Moreover, the CLIENT shall undertake to take out all necessary insurances with a reputable insurance agency to cover all damages that may be attributable to him/her in the framework of the present contract or its performance.

• COWEMO does not indemnify the CLIENT against any damage that may be caused by one of its own clients or users, including in respect of technical means that may have been helped bring about the loss claimed.

• In particular, COWEMO may not be held liable for the content, products or other materials present on CLIENT sites or accessible from said latter. Given that during use of the Service, the CLIENT may be required to interact with advertisers or sponsors showing their products and/or services through the Service, to buy their products or services or to participate in their promotions. Any such activity, and any provisions, warranties or declarations associated with such activity, only concern the third party and the CLIENT. COWEMO not involved in the relationship, and has no control over the exchange that may take place, cannot be held liable for the accuracy of the information exchanged during these correspondences such as respect for mutual obligations of the parties with respect to such purchases or promotions.

                                      
6.1. Primarily:

• COWEMO cannot be held liable ether civilly or criminally, in the event of misrepresentation of the CLIENT, and in particular concerning its ability to exercise its profession in accordance with the public policy requirements of French law.

• COWEMO does not in any manner guarantee that (i) the www.pixmobi.com platform will meet all CLIENT requirements, (ii) that the www.pixmobi.com platform will be continuously available without interruption, suitable, secure or without error.
• COWEMO may not, to the fullest extent permitted by applicable law, be held liable for any direct, incidental or consequential damages, or damages of any kind whatsoever (including loss of revenue, business interruption, health problems, or any other kind) resulting from the use or the inability to use the  www.pixmobi.com platform by the CLIENT or to deliver its services, even if COWEMO had been informed by any means whatsoever of the possibility of such damage.

• In the event that the www.pixmobi.com Site is recognized in whole or part, as illegal under local law, it is the CLIENT's responsibility to access and deliver its services from another jurisdictions where it is deemed to be legal and where its personal status permits it. The CLIENT who choose to access the  www.pixmobi.com platform in order to deliver its services from other places shall do so on its own initiative, in full knowledge of the considerations involved, and at its own risk; said latter shall be responsible for assuming application of the public regulations of the local government.

6.2. Alternatively:

• Certain countries and jurisdictions do not allow exclusion of implied warranties or the limitation of the duration of implied warranties, therefore the above limitations may not apply in whole or part to some cases where such restrictions are prohibited by rules of public order. In such cases alone, the total liability of COWEMO shall be limited to the amount that the CLIENT has actually received as remuneration during the month preceding the claim incident causing the alleged loss and judicially recognized as established in application of said rules of public order.

COWEMO is the owner or a licensee of intellectual property rights of both the general structure of the site and its content (see our legal notice).

The USER acknowledges and accepts that access to the Website and the Services that are made available by COWEMO do not imply any assignment or licensing of intellectual property rights (and in particular copyrights) and any other rights to the benefit of the USER.

Access to services is limited exclusively to the use by the USER under the conditions and limitations set forth herein and in accordance with the provisions of Article L.122-5-2 of the Intellectual Property Code.

As such, the USER acknowledges and accepts that use granted to it COWEMO, on the basis of access to its services and their content, especially excludes access to services for the purpose of reproduction, resale, exchange, rental, modification, adaptation, correction of all or part of the Website, the Services, and their content, even free of charge.

8.1. Termination without fault

The present shall be immediately terminated unless the CLIENT requests renewal subject to payment by said latter for services regularly performed by COWEMO prior to the effective date of termination at each contractual term.

However, in accordance with the provisions of Article 3.5.1, in the event of a tariff increase announced by COWEMO, the CLIENT shall have one month to cancel its subscription to the Services in advance by sending a registered letter with request for acknowledgement of receipt. The cancellation shall be effective on the date of the announced tariff modification. 

8.2. Termination for fault

In the event of breach hereof, COWEMO reserves the right to terminate the Service at any time, unilaterally and without compensation, fifteen (15) days after formal notice received by the CLIENT obtains no response.

In case of complaints of any kind whatsoever, the CLIENT must send its request via the "Assistance" section of its account or by letter to the following address: "Service Réclamations COWEMO – Place Sophie Laffitte – Bâtiment Agora - C/O Fondation Sophia Antipolis - 06904 SOPHIA ANTIPOLIS - FRANCE".

The complaint shall be addressed within a period of between five working days to one month, by letter if specifically requested by the CLIENT.

If at the end of this period, the CLIENT has not received a satisfactory reply, it may send a second request in the form of notification by registered letter with acknowledgement of receipt. His request shall be processed within a month of receipt of
said notification.

In all correspondence sent to COWEMO, by e-mail or letter, the CLIENT shall undertake to mention his first and surname, e-mail address and login name, in order to make it possible to identify him and to process his requests. Incomplete requests will not be processed by COWEMO.

10.1. Principle and definition

• Neither Party shall be held liable in regard to the other for the non-fulfilment or delays in the fulfilment of an obligation under the terms of the present Contract due to the actions of the other party following the occurrence of a case of force majeure as defined in Article 1148 of the Civil Code.

• The following are specifically considered as cases of force majeure or acts of God, in addition to those normally accepted according to the jurisprudence of French courts and tribunals: the interruption of telecommunications, including telecommunication networks, total or partial strikes, lock-outs, riots, civil unrest, uprisings, civil or foreign wars, nuclear risk, embargoes, confiscation, capture or destruction by any public authority, bad weather, epidemics, the blocking of transport means or supplies for any reason whatsoever, earthquakes, fires, storms, floods, water damage, governmental or legal restrictions, legal or public policy  modifications of the forms of marketing, computer failure, any consequences of technological developments that are not foreseeable by COWEMO, and which challenge the norms and standards of its profession and any other circumstances that are unforeseeable, unstoppable and beyond the control of the Parties and which prevent the normal fulfilment of their reciprocal obligations.

10.2. Implementation

In the case of occurrence of such event of force majeure, the obligations of the present Contract shall be suspended. If the force majeure continues for a period exceeding one month, either Party may terminate the present Contract upon reception by the other Party of a registered letter.

11.1. Tolerance

The fact that COWEMO does not at any given moment exercise any one of the stipulations whatsoever of the present general terms and conditions, may not be interpreted as constituting waiver by COWEMO of subsequent exercise of any one of the said terms and conditions.

11.2. Severability

The invalidity of any provision of the contract for the provision of services subscribed with Pixmobi, in particular in application of a law, regulation or subsequent to a final decision of a competent court shall not incur the nullity of the other provisions of the contract for provision of services, which shall retain their full effect and scope.
In said event, the parties shall replace, to the extent possible, the void provision by a valid provision that corresponds to the spirit and intent of the contractual Terms.

11.3. Titles

The titles of articles in the General Terms and Conditions of Service are only intended to facilitate reference and do not have any contract value or significance by themselves.

12.1. Applicable law

The present General Terms and Conditions of Service are subject to French law. In the event where the CLIENT resides is abroad and/or is not French, then said latter accepts that the contractual relationship between itself and COWEMO is not governed by the United Nations Convention relative to contracts for the International Sale of Goods (United Nations Convention whose application is expressly excluded.)

12.2. Language

The official language hereof is French. The use of any language is only informative. In case of difficulty relative to the construction hereof, the Parties shall refer exclusively to the French text.

12.3. Court with jurisdiction

Any dispute concerning the validity, construction, performance, or non-performance of the General Terms and Conditions of Service governing the relationships between the Parties shall be submitted to the Court where COWEMO has its registered office.

The present clause applies without prejudice to COWEMO's rights to prosecute anyone who violates its rights in any court with jurisdiction in the absence of the above-mentioned clause, and in particular with the legally competent professional body to which the CLIENT belongs.