Terms of use

Purpose

These terms govern access to and use of the “Écoute moi voir ça” service. They apply to anyone who browses the site, follows a tour or designs one, whether or not they hold an account. Using the service means accepting them.

The publisher is identified in the legal notice. Personal data handling is described in the privacy policy, which forms an integral part of these terms.

Definitions

• Service: the site, the creation Studio and the mobile explorer, taken together.
• Visitor: the person following a tour on the ground, with or without an account.
• Designer: the user who creates a tour in the Studio — an author, an artist, or someone acting for an organisation.
• Client: the organisation subscribing to a plan, on whose behalf a tour is published.
• Tour: the work being designed or published, with its zones, audios and texts.
• Walk: one outing on the ground, from start to finish, during which a visitor follows a tour.

Access to the service

Browsing the site and discovering published tours are free and require no account. Creating tours requires an account and, depending on the features used, a valid plan.

The service is provided as it stands and improves continuously: features may be added, changed or withdrawn. The publisher does not guarantee uninterrupted availability and may suspend access for maintenance, seeking to limit its duration and impact.

Accounts

Creating an account means providing accurate information and keeping it up to date. The email address must be verified before the account can be used.

Your credentials are personal and confidential. Any action taken from your account is deemed to be yours, save for fraudulent use reported without delay. An account belongs to one person: sharing it means losing control of it.

You may request the deletion of your account at any time, at the contact address in the legal notice. Deletion also removes the tours you own.

What you put into a tour

The designer warrants that they hold all rights in the content they upload — texts, voices, music, ambient sound, images — or that they have the permissions needed to make it available as part of the tour. This covers in particular:

• permission from the people whose voices are recorded, and from their legal representatives where they are minors;
• the copyright and neighbouring rights attached to any music and sound archives used;
• respect for the image rights and privacy of the people spoken about.

The following content is prohibited:

• unlawful content, in particular abusive, defamatory, hateful content or content inciting violence or discrimination;
• content infringing the rights of a third party;
• content liable to endanger visitors, or deliberately leading them into a dangerous place or one closed to the public.

The publisher carries out no prior review of this content. It may remove without notice any manifestly unlawful content reported to it, and suspend the account behind serious or repeated breaches.

Rights in the works

Your work stays yours. The designer, or the Client as the case may be, keeps every intellectual property right in the uploaded content.

They grant the publisher, for only as long as delivering the service requires, a non-exclusive and non-transferable licence to host, technically reproduce and deliver that content to visitors, strictly to the extent that the tour has been made public or shared by its owner. The licence ends when the tour is unpublished or the account deleted. It allows no separate commercial exploitation, no disclosure to third parties and no promotional use without a distinct written agreement.

Walking safely

Visitors remain solely responsible for their own safety and for complying with traffic rules and the rules of the place they cross. It is for them to set a volume that keeps them aware of their surroundings, not to follow a tour in dangerous conditions, and to skip any stretch that looks risky to them. A published tour is neither a verified route nor a right of access.

Sounds fire according to the accuracy of the location your phone reports, which varies with the device, the terrain and the buildings around. No metre-accurate triggering is guaranteed.

Plans and billing

The catalogue shown on the site describes the plans and their limits. As things stand, no subscription is concluded or paid online: paid plans are the subject of a signed quotation or purchase order, whose financial terms prevail over the published catalogue. Prices are exclusive of tax unless stated otherwise.

Should online subscription open, it will come with separate terms of sale, brought to your attention before any order.

Liability

The publisher answers for direct damage attributable to it under the general law. It does not answer for content uploaded by users, for the use made of it, for damage resulting from a visitor's or designer's own fault, nor for interruptions attributable to the network, to the visitor's device or to force majeure.

It is for designers to keep a copy of their source files. The Studio keeps a working version on the device and a history of saves on the service, which does not stand in for a backup of your own.

Termination

You may stop using the service at any time and request deletion of your account. The publisher may suspend or close an account in the event of a breach of these terms, after a formal notice left unanswered — save in cases of urgency or manifest unlawfulness — and without prejudice to the contractual terms agreed with a Client.

Changes to these terms

These terms may be amended. The applicable version is the one published on this page; the date of its last update appears at the top. Substantial changes are brought to the attention of account holders.

Governing law and disputes

These terms are governed by French law. In the event of a dispute, an amicable solution will be sought first, by writing to the contact address in the legal notice.

Consumers may use a consumer mediator free of charge: En cours. They may also use the European online dispute resolution platform. Failing agreement, the dispute will be brought before the competent courts.