Terms and conditions
Melusyn, a company incorporated under the laws of France, with a share capital of 6.072 Euros, registered with the Trade and Companies Register of Pontoise under the registration number 79086526500017, having its registered office at ESSEC Ventures – Avenue Bernard Hirsch – 95000 Cergy (hereafter « Melusyn ») offers to provide Users (as hereunder defined) with the software “Setkeeper” allowing them to manage their broadcasts through a web-browser (hereafter the « Software »).
The use of the Software made available to the user (hereafter the « User ») through the website www.setkeeper.com (hereafter the « Website ») is governed by the present general terms and conditions (hereafter the « Terms and Conditions »).
Any access to the Website and/or any use of the Software implies the unconditional acceptance of and compliance with the Terms and Conditions.
In case the User shall not agreed, in whole or in part, with the Terms and Conditions, Melusyn asks him to waive to access to the Website and to the Software.
2. User’s commitments
The User undertakes to comply with the Terms and Conditions.
Melusyn shall not be held liable, in any manner whatsoever, for any content posted by the User. The User shall be solely liable towards third parties, as regards to his posted contents.
The User undertakes to have an exclusively personal use of the Website and Software login details. Melusyn shall not be held liable for damages of any kind that may occur from the loss or disclosure to any third party of the abovementioned User’s personal login details.
In particular, the User may not modify or try to modify copy, translate, adapt, imitate, or decompose in any manner whatsoever, the Software or the Website.
The Software may not be sold, rented, leased, lent, offered for sale, provided or used in any manner whatsoever, free of charge or for a consideration, for the benefit of any third-party, without prior written approval of Melusyn.
3. Melusyn’s commitments
3.1 Availability of the service
Subject to the provisions of article 6 below, Melusyn undertakes to make every effort in the aim to allow an optimum and continuous use of the Software by the User and strives, wherever possible, to provide an access to the Software 7 days a week and 24 hours a day.
Nevertheless, the User is aware of the characteristics and constraints of the information systems (internet, software, applications, etc.) and acknowledges in particular that these information systems do not perfectly guarantee the security, availability and integrity of data transmissions or of the contents posted by the User. Melusyn shall do its best efforts to provide protection of these data and contents. The liability of Melusyn may not be incurred in case of total or partial hacking of the Website or of the Software, or for any damages experienced by the User or any third-party that may occur from the above-mentioned hacking. In addition, Melusyn shall not be held liable, in any manner whatsoever, for any loss of contents or data posted by the User unless such loss is caused by a gross negligent breach by Melusyn of its obligations.
Additionally, subject to the relevant legal and statutory provisions, Melusyn shall not be held liable for any direct or indirect damage, including but not exclusively, loss of profits, of customer base or of data which may result from the use or inability to use the Website or the Software, and more generally, from any event in relation with the Website or the Software.
3.2 Property of the content posted by the Users
The contents posted by the Users shall remain the User’s exclusive property. Melusyn shall have no rights on the contents posted by the User, and in particular no right of reproduction, representation, use, adaptation or exploitation.
3.3 Non-disclosure of information
Subject to the provisions of article 3.1 above regarding the characteristics and constraints of the information systems, Melusyn undertakes to make its best efforts to guarantee the non-disclosure of the contents posted by the User while using the Software.
In particular, Melusyn undertakes to make its best efforts to limit the exposure and/or access of its employees and/or contractors to non-released information relating to the programmes being produced by the User.
In the case Melusyn would directly receive from the User information relating to the programmes being produced by the User, Melusyn would treat any information related to the programmes with the utmost confidentiality including, but not limited to: the treatments, scripts, plot, characters, dialogue, scenes, casting information, art department concepts, set design, wardrobe, props, make-up, hair, visual effects and sound design and personal information relating to individuals involved in the programmes.
Melusyn agrees to keep such information strictly confidential and as such will not, directly or indirectly, forward to third parties, disseminate, duplicate, publicise, or in any way disclose any of the confidential Information outside of the the software “Setkeeper” without the direct consent of the User.
4. Intellectual Property
The whole Website and Software is the exclusive property of Melusyn. No reproduction or representation, in whole or in part, shall be made without the prior written consent of Melusyn.
Reproducing, copying or using, in any manner whatsoever, all or part of the Software and/or the Website in any way whatsoever and for whatsoever purpose are all expressly prohibited for the User.
It is prohibited to reproduce, use and/or imitate, in any possible way, all or part of the contents protected by intellectual property law, without prior written consent of the right holder or its successors.
5. Personal Data
The acceptance by the User of the Terms and Conditions supposes the unconditional acceptance of the Privacy Policies.
6. Closure or suspension of the Website or Software access
Access to whole or part of the Website or to the Software may temporarily be unavailable, in particular for maintenance and/or updating purposes or for any other reasons, including technical reasons.
Melusyn may decide at any time and without notice to cease its services or to substantially modify or to materially alter its characteristics.
Under no circumstances shall Melusyn be held liable for any commercial, technical, financial or legal damages resulting from such closure or suspension of the Website or Software access, or, more generally, for any loss or damage caused by the use of the Website or Software.
7. Governing law and language
The Terms and Conditions shall be governed by and construed in accordance with French laws, and any dispute relating to the Terms and Conditions shall be subject to the exclusive jurisdiction of the commercial court (“Tribunal de Commerce”) of Paris, France.
The original version of the Terms and Conditions is in French and is available at https://fr.setkeeper.com/legal/#terms .
In the event of discrepancies between the French version of the Terms and Conditions and another version, the French version shall prevail.
The sites www.melusyn.com, www.setkeeper.com, www.reperages.melusyn.com, www.app.setkeeper.com and app.setkeeper.com are edited by Melusyn:
Company registered with Corporate and Trade Register
79086526500017 of Pontoise (France)
European VAT number : FR57790865265
D-U-N-S® Number : 26 482 8902
Avenue Bernard Hirsch
95000 Cergy (France)
This site is hosted on Amazon Web Service (AWS) platform and Microsoft Azure :
Amazon Web Services, Inc.
P.O. Box 81226
Seattle, WA 98108-1226
Microsoft Ireland Operations Limited,
Atrium Block B,
Sandyford Industrial Estate,
Dublin 18, Ireland
This site and the Setkeeper apps are registered with the French National Commission, Registration Number 1753810
The above information equally impact all sub-area and sub-domains of setkeeper.com or melusyn.com
The Setkeeper and Melusyn names and the Setkeeper and Melusyn logos are registered trademarks of Melusyn SAS.
Privacy and personal data
1. Right to access and modify your personal information
In accordance with the French Law on IT and Freedom on 6 january 1978, you have a right of access, of correction, of modification and removal of the data collected concerning you, by writing an email to the address: firstname.lastname@example.org
2. Collected information
If and when personal information is collected, we will inform you at the point of collection the purpose(s) for which it is to be used. Personal data collected will only be used by Melusyn and its affiliates and, unless otherwise specified at the collection time, will not be disclosed to or shared with any third party for any purposes.
3. Data security
The security and confidentiality of your data are our priority. All your data are safely encrypted via SSL. We host your files and data using the highest level of security currently possible. The storage and treatment of your data are in total compliance with European data privacy obligations.