General Terms and Conditions

 

 

The following Terms and Conditions define the conditions of use of the application Morphin (the "Application"), published by Uraniom, a French limited company registered at the Laval Trade and Company Register under number 793 503 566, whose office is located at 6 rue Leonard de Vinci 53000 Laval - France (hereinafter “Uraniom”).

 

No special conditions may, unless formally accepted in writing by Uraniom, prevail over these General Terms and Conditions.

 

Whereas

 

Uraniom publishes an Application that allows You to integrate your portrait ("Selfie") or any photograph recorded on your Device, into one of the Animations available on the Application, and turn it into a Video. The Application lets You express yourself through imitation, satire and humor.

You can forward your Video to all your friends and contacts on the social networks you are a member of and which are compatible with our Application.

 

Use of the services provided by Uraniom requires the acceptance of these Terms and Conditions.

 

Those who have not accepted these General Terms and Conditions and the Privacy Policy may under no circumstances access the services accessible from the Application.

 

Services offered by Uraniom are aimed exclusively at non-professionals. Any use of the Application for professional, commercial or promotional purposes is strictly prohibited.

 

For any professional use, contact Uraniom at the following email address: contact@uraniom.co

 

Article 1: Definitions

 

Each term beginning with a capital letter has the meaning indicated in its definition, whether it is singular or plural.

 

Account : means each User’s personal area on the Application.

 

Animation : means the animated sequences available on the Application in which Users can integrate their Photos.

 

Application : refers to the MORPHIN application that can be downloaded on the User's Device from an online store or already pre-installed on the Device.

 

Contact : refers to the people with whom the User wishes to share his/her Videos via social networks.

 

Device : means the tablet or smartphone used by the User to take a Selfie and to access the Application.

 

Gallery : means the Photos and Videos stored by the User on Uraniom's server and accessible exclusively through connecting to the Account.

 

Photo : means the photograph or Selfie integrated into the Animation by the User.

 

Selfie : means the portrait of the User made via the camera of his/her Device.

 

Service : means the services accessible via the Application.

 

User : means the person who has created an Account to log into the Application for a non-professional use.

 

Video : means the digital image created through the Application and combining the Photo with an Animation.

 

Article 2: Creating an Account

 

Access to the Application and Services requires the creation of an Account. The creation of the Account is free of charge.

 

Users undertake to provide accurate and detailed personal information when opening his/her Account.

 

Each User has a login (username) and password to log into his/her Account. Only the Account holder is authorized to log in using the username and password corresponding to the Account.

 

Users undertake to keep their passwords strictly confidential. As such, any use of an Account is deemed to have been made by the User himself/herself or with his/her authorization, unless the User is able to demonstrate that his/her Account has been hacked.

 

The Account is accessible from all compatible Devices with sufficient Internet connection (WiFi, 4G, etc.).

 

An Account may not be sold or transferred to another natural person without the express consent of Uraniom.

 

Only natural persons may be allowed to open an Account.

 

Furthermore, only those having reached their country’s specific legal age may open an account. In the United States, legal age has been set at 13 years old. It can be set at 15 or 16 years old in other countries. If you have not reached this age threshold, you are strictly prohibited from opening an Account.

 

Article 3: Accessible services

 

The Application allows Users to integrate a Photo into an Animation.

 

Users can export their Animations to social networks they are members of, subject to compatibility.

 

Access to the Application is free of charge, subject to the connection costs incurred by Users as part of the package subscribed with their operators. Paid content - such as access to certain Animations - may also be offered on the Application.

 

Article 4: Use of the Application

 

4.1. Creating of the Animation

 

It is Users’ responsibility to ensure that the camera in their Devices is compatible with the Application.

 

Users can take Photos through the camera of their Devices when their Devices meet the technical requirements with the Application. They may also use Photos downloaded from their Devices or transferred by their Contacts, when formats meet the Application’s.

 

The Video is made by integrating the Photo into one of the Animations available from the Application and selected by the User. Access to some Animations may be subject to the payment of a fee.

 

Users’ Videos are recorded on their Devices and on the Gallery and can be modified at any time by Users. Modifications can be made to Videos via the options available on the Application.

 

When using a Photo depicting a third party, Users may only integrate it into an Animation with the express prior consent of the third party owner.

 

4.2 Gallery

 

The content of the Gallery is not visible to other Users. Access to the Gallery is only possible after validating the login credentials attached to the Account. As such, it is strongly recommended that Users keep these credentials strictly confidential.

 

It is strictly forbidden to connect, or attempt to connect, to a User's Account, without his/her express prior authorization.

 

4.3. Sharing

 

Users may export the Videos they have made via the social networks they are members of, subject to their compatibility with the Application.

 

Before exporting a Video to a third party social network, Users must ensure that the export does not violate the terms and conditions of said network or third parties’ rights.

 

Users understand and accept that sharing a Video in which their photos appear allows for the indefinite and total transfer of the Video to the concerned Contacts. The concerned Contacts will be able to use the Video even after its deletion by the Users and share it in their turn.

 

Article 5: Obligation of Users

 

In any case, Photos included in Videos must not be deemed immoral, likely to infringe the rights of third parties, pornographic, racist or violent in nature.

 

Users also undertake to refrain from infringing any intellectual property right, such as trademark, design and model law, copyright, image rights or sui generis database rights.

 

When Photos depict the image of a third party or any content protected by intellectual property rights of any kind, Users must obtain prior consent from the third parties concerned before using or sharing said Photo.

 

Article 6: Term and termination

 

These Terms and Conditions apply as long as the Application is publicly available. Uraniom reserves the right to modify them at any time. In the event of any modification, the applicable General Terms and Conditions are those in force on the date of use of the Application.

 

Any modification shall be communicated to Users at least thirty (30) days before entering into force. Users refusing to abide by the new Terms and Conditions commit to uninstalling the Application from their Devices within one month from the date of notification of the modification of the Terms and Conditions.

 

6.1. Termination and Suspension of the Account

 

Users may request the termination of their Accounts at any time by sending an email to contact@uraniom.co or by uninstalling the Application from their Devices. Users expressly acknowledge that closing the Account is under their sole responsibility.

 

Uraniom reserves the right, at any time and without notice, to suspend a User's Account in the event of a serious and documented breach of the provisions of the General Terms and Conditions, especially if notified by a third party of an unauthorized use of their Photos.

 

In the event of suspension of the Account, a formal notice is sent by email to the User with information on the reasons for the suspension. This email also gives notice to comply with his/her obligations within seven (7) days.

When the User fails to remedy in due time to the issues raised in the email, Uraniom reserves the right to terminate the Account. The Account may also be terminated without notice in the event of a particularly serious breach, especially, in the event of a breach of Article 5 hereof.

 

6.2. Inactive Account

 

When Uraniom notices that an Account has been inactive for thirty-six (36) months, it sends an email to the User informing him/her of updates and new features and asking him/her to confirm that he/she wishes to continue using the Application.

 

If the User does not reply within one (1) month, Uraniom reserves the right to terminate the Account.

 

6.3. Consequences of termination of the Account

 

In the event of termination of his/her Account, for any reason whatsoever, the User may no longer access his/her Photos and Videos and the Services as a whole.

 

Contents of the Account are deleted by Uraniom. Users must therefore ensure that they have made copies of all data they wish to keep.

 

Termination of an Account for any reason whatsoever does not give rise to any right to compensation for the benefit of the User.

 

Article 7: Guarantee

 

Users warrant that they own all intellectual property rights and image rights relating to the Photos they download or upload on their Accounts. They warrant that any Photo containing or likely to contain personal data have been obtained in compliance with the applicable rules ("privacy").

 

Users further warrant that Photos uploaded to the Application are free from hidden defects, meet the technical requirements of the Application and do not contain any software such as viruses, Trojan horses, spyware or other malicious software.

 

As such, an User shall indemnify Uraniom, at first request, for any conviction, costs and expenses, transactional indemnity and fees, resulting from any action for infringement or liability brought against it as a result of a Photo downloaded or uploaded by said User, provided that such action has resulted in an enforceable conviction (definitive or not) of Uraniom, or the conclusion of a transactional agreement, or has required the payment of fees of any nature whatsoever.

 

Article 8: Liability

 

Uraniom has no means to control Users’ use of Videos exported to third party social networks.

 

Uraniom shall in no event be liable for any damage suffered by a User or a third party resulting directly or indirectly from the Videos when they are broadcasted, reproduced or used on a third-party application, game or site.

 

Users’ usage of Videos exported or shared to or via third-party applications and websites shall always be deemed to be the sole responsibility of Users and never may Uraniom be held responsible for said usage and its consequences. Thus, Users must read the terms and conditions of use of said websites and applications before exporting or sharing.

 

Uraniom shall not be held liable for any malfunction of the Application due to an interruption of the mobile network for any reason whatsoever or a failure of the server hosting system used by Uraniom.

 

Users further acknowledge Uraniom's right to temporarily interrupt access to the Application when the Application or any connected server is subject to an update or maintenance operation. In this case, Uraniom will endeavor to limit the inconvenience to Users by reducing the interruption period to the minimum time necessary to complete the transaction in question.

Uraniom and Users shall not be held liable if performance of their respective obligations is delayed or prevented due to a case of force majeure, a fortuitous event or a cause beyond their control, such as: natural disaster, war, earthquake, fire, explosions, riots, governments’ and public authorities’ intervention, bad weather, water damage, malfunction or interruption of the electricity or telecommunications network.

 

Article 9: Intellectual Property

 

Users expressly acknowledge that all intellectual property rights relating to the Application, Services and Videos provided by Uraniom are the exclusive property of Uraniom.

 

As such, Users undertake not to carry out reverse engineering or other analysis of the Videos obtained using the Services, in particular for the purpose of reconstructing the technical characteristics of the processes implemented for the purpose of the Services or the Application.

 

Users may under no circumstances use the Videos for professional purposes, to gain a profit of any kind whatsoever, or in violation of the Terms and Conditions.

 

In addition, Users shall in any event treat as confidential any technical characteristics of the Services and Animations that they may deduce from their use thereof.

 

Users expressly acknowledge that the provisions of Article 9 shall continue to apply for as long as the intellectual property rights relating to the Application, Services and Animations are in force.

 

Article 10: Personal Data

 

Data collection and processing

 

When managing the Accounts and providing the Services, Uraniom acts as data controller within the meaning of Article 4 of the European General Data Protection Regulation ("GDPR").

 

Uraniom collects Users’ email addresses, names, Selfies and Photos provided by the Users when opening an Account and using the Services. These information are mandatory for the creation of the Account and provision of the Services

 

Data collected by Uraniom are collected, processed and stored in accordance with applicable legal provisions, including the provisions of the GDPR.

 

Personal data collected from Users located within the European Union are mainly stored on servers located within the European Union and, when applicable, on servers located in the United States pertaining to a company that abides by the Privacy Shield. Excluding these few occurrences, Uraniom does not transfer Users’ personal data outside the European Union.

 

Uraniom is strongly committed to protecting Your personal data. Our Users must be assured that only Uraniom shall access the Photos or contact details provided when registering or using the Services. Uraniom undertakes to only use its Users’ personal data to allow the Application to operate. In particular, Uraniom does not transfer Users' data to third parties, sell the data and store the data once the Account has been closed.

 

For more information on how Uraniom manages personal data, please refer to the Privacy Policy .

 

Data privacy

 

Employees of Uraniom’s customer service might access Users’ personal data during the course of their communications with said Users, such as their last names, first names and contact details.

 

Technicians in charge of the upkeep of the Application may access Users’ personal data as well. Access to Users’ personal data is strictly restricted to those specific situations where said access is mandatory to fix an issue in the Application, or upon request of a User, when said User’s Account needs fixing.

 

Uraniom shall always do it best to limit access to data by its employees and secure data integrity and security.

 

Sharing data with Contacts

 

Uraniom allows Users to send their Animations to their Contacts through social networks they are members of. By sending these Animations, Users agree to the further processing and use of these data by their Contacts.

 

Data storage

 

The collected data are kept as long as the User's Account is open.

 

On the Account closing date, the data associated with the User's Account are deleted by Uraniom.

 

When a User has transmitted his/her data to a Contact, Uraniom cannot be held responsible for how the Contact makes use of the transferred data.

 

Data subjects’ rights

 

Users have a right to access, rectify, restrict, erase and transfer their personal data. For any matter related to data protection and privacy, Users can send an email at any time to the following address: privacy@uraniom.co .

 

In the event of any difficulty related to the management of personal data, any data subject has the right to lodge a complaint with any competent supervisory authority.

 

Users expressly acknowledge that once they have shared their Animations with a social network, an application, a third party website or a Contact, Uraniom is no longer responsible for the execution of the right to erase towards these third parties. Users must reach out to their Contacts and the applications’ publishers through which they have shared the Animations to exercise their rights of access, rectification and erasure.

 

Article 11: Miscellaneous

 

11.1. The invalidity of any provision or article of the Terms and Conditions shall not affect the validity of the remaining provisions and articles. In the event of the invalidity of any of the clauses or articles, Uraniom shall endeavor to replace it by a valid clause having the same purpose or object and the closest possible effect to the invalidated provision.

 

11.2. The Terms and Conditions may only be amended by a written document provided by Uraniom.

 

11.3. Users acknowledge that only the General Terms and Conditions govern their contractual relationships with Uraniom.

 

11.4. The headings of the articles of these General Terms and Conditions are for convenience only and do not in any way affect the meaning of the provisions to which they refer.

 

11.5. Failure of Uraniom or the Users to invoke the benefit of a provision set forth in the Terms and Conditions, even repeatedly, could not constitute a waiver to any of the provisions hereof.

 

11.6. The General Terms and Conditions are subject to French law, unless otherwise mandatory required by applicable local law.