July 4, 2022 version
The AUSHA platform, accessible via the website https://app.ausha.co (hereinafter referred to as “the Platform”) is offered by :
AUSHA, a simplified joint stock company with a capital of 650,297 euros, whose registered office is located at 78 rue de la Gare in Croix (59170), FRANCE,
Registered with the RCS of LILLE MÉTROPOLE under the number 879 276 723,
Taken in the person of its legal representative
Hereinafter referred to as “AUSHA”,
Any use of the Platform implies full acceptance of these Terms of Use (TOU).
The General Terms of Use applicable are those in force at the date of use of the Platform.
AUSHA reserves the right to modify these General Conditions of Use at any time.
These General Conditions of Use are the property of AUSHA. Any reproduction, even partial, is strictly prohibited.
This Agreement is concluded between AUSHA and any person wishing to use the Platform (hereinafter referred to as the “User”).
The Contract is concluded for the entire duration of use of the Platform by the User and, if applicable, for the entire duration of his registration.
PREAMBLE
AUSHA is a platform for hosting and broadcasting podcasts, allowing users to publish and manage their podcasts.
The purpose of these General Terms of Use is to specify the terms of use of the Platform by Users.
“Platform”: means the interactive tool offered by AUSHA, accessible via the website https://app.ausha.co.
“User”: means the natural person of legal age and capacity registered on the Platform, which broadcasts a podcast (s) on the Platform.
“Podcast” or “Broadcast”: refers to the production of multiple audio files (Episodes) bundled together and available on the Internet.
“Episode”: refers to an audio sequence belonging to the Show. The Episode is defined by an audio file, title, description and image.
“RSS Feed”: means a file containing textual information about the Show and the Episodes. It is automatically updated whenever the Show and Episodes change. “Cover”: refers to the image, the cover, illustrating the Podcast published by the User. “Account”: refers to the personal management space dedicated to the User.
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“Access Code”: means the identifier and password allowing access to the User’s Account.
“Content”: refers to all audiovisual, textual, audio, graphic and photographic elements and hypertext links sent, transmitted, distributed and published by a User via the Platform in any form whatsoever (Podcast, Packet, Newsletter, etc.), with the exception of elements from AUSHA’s databases.
“Audio File”: means the audio file protected by intellectual property rights made available to the User from the Platform’s music library to be integrated in whole or in part into a Podcast.
AUSHA offers the possibility of creating a free Trial Account to allow the User to evaluate the Platform.
This Trial Account is made available to the User for a period of fifteen (15) days from his registration to the Platform and under the following conditions:
● Only one Trial Account can be created and this offer is not renewable, unless expressly agreed by AUSHA ;
● The User acknowledges that access to the Platform via a Trial Account is solely intended to enable him/her to test the functionalities of the Platform before possibly subscribing to a paying offer. He/she is not allowed to carry out any processing or services for third parties using his/her Trial Account;
● AUSHA shall not be held liable for any reason whatsoever due to the use of the Platform during the trial period. AUSHA will not be liable for any compensation of any kind in the event of inadequacy, unavailability, malfunction of the Platform or loss of data, during the entire trial period.
AUSHA reserves the right to delete without notice any Trial Account that does not comply with the provisions of these TOU.
In the event that the trial is not followed by the subscription of a paid offer, AUSHA will delete the Trial Account and the associated data within six (6) months from the closure of the Trial Account.
Access to the Platform requires prior registration.
Registration on the Platform is free of charge and is reserved for natural persons of legal age and capacity. The User is prohibited from using the Platform for commercial purposes without the express prior authorization of AUSHA.
The User guarantees the truthfulness of the information he/she communicates at the time of his/her registration and undertakes to update this information if it changes during the period of his/her registration.
To register, the User must create an Account by clicking on the tab reserved for this purpose (“Create an Account”), by formally accepting the present General Terms of Use and by providing the following information:
● First name;
● Name;
● Email address;
● Password;
● Country;
The User may also register on the Platform with his/her Facebook or Google account. In this case, the User accepts that AUSHA may receive the public information of his/her profile (ID, name, email address, country and profile photo).
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The User accesses his or her Account by entering his or her email address and password in the “Log in to your account” tab and clicking on the “Log in” button.
Users are reminded that registration on the Platform is strictly personal and that they may only have one Account.
The User is informed that although access and registration to the Platform are free, some features of the Platform may be subject to a fee.
AUSHA informs the User that his/her data is recorded and is subject to processing that allows AUSHA to be able to offer him/her the various functionalities offered by the Platform, in compliance with the provisions of the Data Protection Act of 6 January 1978 as amended and the Regulation (EU) 2016/679 of 27 April 2016.
AUSHA takes all appropriate measures to ensure the security and confidentiality of the personal data processed.
For more information, the User is invited to consult AUSHA’s Privacy Policy (https://www.ausha.co/fr/politique-de-confidentialite/).
All trademarks, photographs, texts, comments, illustrations, images, whether animated or not, video sequences, sounds, as well as all computer applications, including the underlying technology, that may be used to operate the Platform and, more generally, all elements reproduced or used on the Platform are protected by the laws in force with regard to intellectual property and are the exclusive property of AUSHA or are held under license by AUSHA (hereinafter referred to as the “AUSHA Intellectual Property Rights”).
For the purposes of using the services of the Platform, AUSHA grants the User a personal, non-exclusive, non-assignable, non-sublicensable and non-transferable right to use AUSHA’s Intellectual Property Rights, for the duration of the registration, for the whole world, under the conditions and within the limits authorized by these GCU.
The GTUs do not grant the User any rights, especially commercial exploitation rights, over AUSHA’s Intellectual Property Rights or over the content published by third parties on the Platform. The User therefore undertakes not to infringe AUSHA’s Intellectual Property Rights and, as such, is prohibited from reproducing, representing, translating, modifying or disseminating, even partially, any element protected by an intellectual property right, without AUSHA’s prior express authorization.
Any reproduction or representation of an element of the Platform by the User without authorization from AUSHA constitutes an act of infringement that may be subject to criminal and civil proceedings. The fact that AUSHA does not initiate proceedings as soon as it becomes aware of an unauthorized use does not constitute acceptance of said use and waiver of proceedings.
Unless the User expressly agrees otherwise, AUSHA does not claim any ownership rights to the Contents, which remain the sole property of the User, subject to the limited rights granted by the license defined below.
The User is free to publish or not such Content on the Platform and accepts that this Content becomes public and freely accessible, in particular on the Internet.
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The User acknowledges that he/she alone is responsible for the Content and guarantees that he/she has all the necessary rights and authorisations over the Content, particularly with regard to current legislation and rights to privacy, property, intellectual property, image, contracts or any other type. It is expressly agreed that each User will be personally responsible for any claim and/or proceedings against AUSHA regarding the illicit use of intellectual property rights or any other element belonging to a third party. To this end, each User immediately and irrevocably undertakes to intervene voluntarily, if AUSHA deems it useful or necessary, in any proceedings brought against AUSHA, to guarantee AUSHA for any sentences that may be pronounced against it on this occasion, as well as to bear the costs of any kind incurred in order to ensure its defense, including all legal fees.
The User is obliged to indicate the required copyright/credit information in the appropriate place according to the usage and that the said information is not erroneous or misleading.
By accepting the GCU, the User grants AUSHA, free of charge and non-exclusively, the right to reproduce, represent, archive, load, execute, transmit, store and, if necessary, modify the technical file of the Content without affecting its integrity, in order to ensure that it is put online, accessible and legible in the best possible conditions.
User acknowledges that the foregoing license extends to the third party operator of any other website, application and/or platform on which User chooses to share, distribute or embed its Content.
AUSHA grants the User a non-exclusive, free, non-transferable and non-assignable worldwide license to integrate, reproduce and represent, in whole or in part, the Audio Files in its Podcasts for the duration of the registration, excluding any distribution for commercial or advertising purposes or on the third-party platform Youtube. The User refrains from modifying the Audio Files, except to slightly adjust the technical quality or to cut out extracts of it.
User shall not use an Audio File in a manner that allows a third party to use, download or access the musical work as a stand-alone file or in a manner that is beyond the scope of this license.
AUSHA reserves the right to terminate the license to any Audio File at any time. Upon notification by AUSHA, the User shall immediately remove the Audio Files from their Podcasts.
AUSHA guarantees that it holds the necessary rights to the Audio Files and undertakes to defend the User against any claim, prosecution or infringement action brought by a third party during the period of application of these GCU relating to the use of the Audio Files under the aforementioned conditions. AUSHA undertakes to indemnify the User against all damages and interest arising directly from a claim, suit or infringement action relating to the Audio Files which has been finally decided by a competent court or agreed in a written agreement signed by AUSHA. AUSHA disclaims any liability if the User fails to notify AUSHA in writing of the infringement claim immediately upon learning of or receiving notice of the claim, to the extent that such failure would prejudice AUSHA, or if the User fails to provide reasonable assistance as requested in the defense or settlement of the claim.
In the event that the User provides photographs, videos or, more generally, any image when registering or using the Platform, the User undertakes to:
● to have the copyright protecting the photograph, video or image concerned; ● to authorize AUSHA to disseminate this photograph, video or image on the Platform for the whole world and for the duration of his/her registration;
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● to refrain from disseminating a photograph, video or image in which third parties would be identifiable, unless they have obtained their express permission to disseminate said photograph, video or image.
The User agrees to use the Platform only for the purposes authorized by AUSHA and in strict compliance with technical and security standards.
The User understands and accepts the functionality of the Platform.
The use of the Platform is placed under the exclusive responsibility of the User. Consequently, any processing, transmission, distribution or representation of information or data via the Platform by the User is carried out under his/her sole and entire responsibility and in strict compliance with the legal and regulatory provisions relating to the use of online services.
The User is solely responsible for the Content he/she publishes and/or interacts with. The User is forbidden to distribute Content:
– contrary to the laws, regulations in force, customs, public order or morality; – offensive, threatening, provocative, insulting, incomprehensible, obscene, indecent, pornographic, infringing the rights of third parties;
– undermining free and healthy competition;
– that can be analyzed as an attack on direct or indirect competitors, or any other third party legal entity;
– racist or discriminatory, and in particular concerning racial, ethnic or national origin, sex, physical characteristics, political opinions, religious or philosophical beliefs, membership of a trade union, health or sex life.
Similarly, the User agrees not to transmit, through the Platform, any Content that contains computer viruses or any other code, files or programs designed to interrupt, destroy or limit the functionality of any software, computer or telecommunication tool, without this list being exhaustive.
The User is responsible for Content that violates all of these provisions.
The User acknowledges that AUSHA may remove at any time any Content that does not comply with these requirements.
Any breach attributable to a User of any of the provisions of these GCU will justify the suspension or, where appropriate, the deletion of his registration on the Platform, without prior notice and without compensation of any kind.
The User also agrees to notify AUSHA, without delay, of any anomaly regarding the use of the Platform, at the following address: [email protected].
Finally, the User agrees to respect AUSHA’s image and reputation, as well as that of other Users. The User undertakes not to make any statements and/or take any action that may harm AUSHA or other Users.
AUSHA’s role is limited to that of a host in the sense of article 6 of the Law for Confidence in the Digital Economy (LCEN) of 21 June 2004. Therefore, AUSHA is not obliged to control the quality, truthfulness, safety or legality of the Content.
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However, if AUSHA deems it necessary or if it has been notified of clearly illicit Content, it reserves the right to remove the latter from the Platform.
In order to facilitate the notification of Content that may contravene these General Conditions of Use, AUSHA provides Users and visitors with a procedure for reporting illicit Content. Users and visitors may report illicit Content by simply contacting AUSHA at the following address: [email protected].
Such a notification must comply with the following formalism:
– indication of the date of the notification ;
– for natural persons: surname, first name, profession, domicile, nationality, date and place of birth;
– for legal entities: its form, its corporate name, its registered office and the body that legally represents it;
– a description of the facts in dispute and their precise location;
– the reasons why the content must be removed, including the mention of legal provisions and factual justifications;
– A copy of correspondence addressed to the author or publisher of the offending information or activity requesting that it be discontinued, withdrawn, or modified, or stating why the author or publisher could not be contacted.
AUSHA will not be held liable for damages of any kind, direct or indirect, resulting from the Content published by the User (especially the Podcasts) or from the use of the Platform by the User.
The User is solely responsible for damages of any kind, material or immaterial, direct or indirect, caused to any third party, including AUSHA, as a result of the Content published on the Platform and the illicit use or exploitation of the Platform, regardless of the cause and place of occurrence of such damages.
The User guarantees AUSHA against the consequences, claims or actions that AUSHA may be subject to as a result.
The User may unsubscribe from the Platform at any time by deleting his Account.
To do so, the User must log in to his or her Account and follow the unsubscription procedure indicated in the “Account deletion” tab.
The User is informed that the deletion of his Account entails the deletion of all his Broadcasts and Episodes. This action is immediate and irreversible.
Once the User has unsubscribed, AUSHA will delete his/her personal identification data.
The present GTU are subject to French law.
In addition, the language of these TOS is French. In the event that the TOS are translated into other languages, only the French version shall be deemed authentic.
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