Terms and Conditions
MOZOO is a simplified joint-stock company registered in the commercial register of Paris under the numbers 817 526 536, with a capital of 424 600.00 €, having its head offices at 37 boulevard des Capucines 75002 Paris France, (“MOZOO”).
MOZOO owns the platform MOOD (the “Platform”).
The Platform is hosted by Amazon Web Services EMEA SARL, domiciled at 38 avenue John F. Kennedy, L-1855-Luxembourg, (Fax machine: 352 2789 0057; https://aws.amazon.com).
The Platform is a free platform that allows advertising professionals and advertisers (the “Users”) to discover, get inspired, save and share advertising contents (the “Content(s)”) selected by MOZOO, in order for Users to create moodboards of Contents, add notes and convert them in brief. The brief can be sent by email and shared by Users to third parties for the purposes of advertising benchmarks and advertising monitoring (the “Services”).
Any use of the Platform implies the User’s unconditional acceptance of these Terms and Conditions (the “Terms”).
The applicable Terms are those in force at the time of the connexion of User on the Platform. The Platform reserves the right to amend or otherwise modify these Terms at any time. In such cases, the Platform will appropriately inform the User of these changes. The continued use of the Service will signify the User’s acceptance of the revised Terms.
The Service is only intended for Users that are of legal age (greater than 18 years) and that do not qualify as “Consumers” under French Law. Users must be advertising professionals or advertisers to have an account.
Users can have access to an overview of the Content by connecting to the Platform. To benefit from all features of the Services, Users must create an account, in accordance with the procedure and conditions set out below. Registration to access the Services is free for the User.
To use all the features of the Services, Users must register or create a User account, providing all required data or information in a complete and truthful manner. Users must indicate their first and last name, an email and a password.
Users are responsible for keeping their login credentials confidential and safe. For this reason, Users are also required to choose passwords that meet the highest standards of strength permitted by the Platform. MOZOO hereby disclaims liability for any loss or damage arising from the demonstrated negligence of any Users in protecting their connection identifiers and/or the personal data linked to their accounts.
Users cannot open more than one User account or open an account usurping the identity of a third party. Any access to the Platform and to the account, any use of the Services shall be deemed to have been performed by the User. Users are required to immediately and unambiguously inform the Platform via the contact details indicated below, if they think their personal information, including but not limited to User accounts, access credentials or personal data, have been violated, unduly disclosed or stolen.
Users can terminate their account and stop using the Services at any time by directly contacting the Platform at the contact details provided below.
MOZOO reserves the right, at its sole discretion, to suspend or delete at any time and without notice, User accounts which it deems inappropriate, offensive or in violation of these Terms. The suspension or deletion of User accounts shall not entitle Users to any claims for compensation or damages.
By registering on the Platform, the User can:
Users can use different filters to search Contents by sectors, brands and authors, or they can use the search bar at the top of the page. Content is listed by default on a random basis by MOZOO.
Users can consult the ratings of each Content, evaluated by MOZOO on several aspects to determine the creativity, the usability and the effort delivered or required by each of them. To know how MOZOO classify and evaluate the Contents, Users can refer at any time to the « Notation »
Contents available on the Platform are not exhaustive, they are selected by MOZOO among all advertising contents published by advertisers or other third parties on the social networks.
MOZOO has no commercial nor capital links with the advertisers whose Content is selected on the Platform. MOZOO is not paid by advertisers to publish Contents. The ranking of Contents is not affected by commercial relationship with these advertisers.
All advertiser’s Content displayed on the Platform is based on information given by advertisers and other third parties on social networks who update the information at their sole discretion.
The Platform and the Services may only be used within the scope of what they are provided for, under these Terms and applicable law. Thus, Users agree to use the Services for companies’ internal purposes only within the context of an advertising monitoring and benchmarks of advertising contents. Any use of the Platform for commercial purposes, such as the sale or the licensing of briefs created on the Platform is strictly prohibited and is a cause of immediate account deletion.
As part of their use of the Services, Users must not use the Services for fraudulent or illegal purposes, and notably, they must not use the Services for the purpose of distributing unsolicited electronic communications.
Therefore, the Platform reserves the right to take any appropriate measure to protect its legitimate interests including by denying Users access to the Platform or the Services, terminating contracts, reporting any misconduct performed through the Platform or the Services to the competent authorities – such as judicial or administrative authorities - whenever Users engage or are suspected to engage in any of the following activities:
Any intellectual property rights, such as copyrights, trademark rights, design rights, and sui generis rights on databases related to the Platform are the exclusive property of MOZOO or its partners and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.
Unless where otherwise specified or clearly recognizable, all Contents available on the Platform (including computer codes, design elements, functionalities, photographs, logos, images, videos etc.) is owned by the Platform or its partners.
Subject to compliance with these Terms, MOZOO hereby grants the Users a non-exclusive, non-transferable, non-sublicensable license to access and to use the Platform and the Contents reproduced on the Platform, for their sole personal and non-commercial use, and for purposes in keeping with the normal purpose of the Services of advertising monitoring and benchmarks of advertising contents, for duration of its subscription to the Services.
The User may download, copy and/or share the Contents available through the Platform for its sole personal and non-commercial use, for the normal purpose of the Services and provided that the copyright attributions and all the other attributions requested by the Platform are correctly implemented.
Users may not therefore use such Content in any way that is not necessary or implicit in the proper use of the Services, and notably:
These prohibitions apply without geographical limitation, for the duration of the protection granted by intellectual property law, and for any mode of exploitation.
The Platform undertakes its utmost effort to ensure that the Content provided on mood.mozoo.com infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result. In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are kindly asked to report related complaints using the contact details provided below: contact@mozoo.com.
To ensure the best possible service level, the Platform reserves the right to interrupt the Services for maintenance, system updates or any other changes, informing the Users appropriately.
Within the limits of law, the Platform may also decide to suspend or terminate the Services altogether. If the Service is terminated, the Platform will cooperate with Users to enable them to withdraw personal data or information in accordance with applicable law.
Additionally, the Services might not be available due to reasons outside the Platform’s reasonable control, such as “force majeure” (eg. labor actions, infrastructural breakdowns or blackouts etc).
The Platform cannot guarantee the lack of any risk of intrusions, data piracy or contamination by computer viruses pursuant to using the Platform. Users must take all the necessary precautions for ensuring the security of their data and the protection of their computer systems against contamination by viruses or other forms of attacks that may occur upon the use of the Platform.
Contents available on the Platform are not exhaustive as they are selected by MOZOO from the social networks and evaluated by MOZOO according to different criteria including creativity. MOZOO hereby disclaims liability for any loss or damage arising from the absence of a Content, or from an incomplete and imprecise information regarding a Content on the Platform.
Through the Platform, Users may have access to publications of social networks where the Content has been published for the first time by advertisers or other third parties thanks to URL links added next to the Content. Users acknowledge and accept that MOZOO has no control over such publications on social networks and is therefore not responsible for their content and availability. Conditions applicable to any publications controlled by third parties, including those applicable to any possible grant of rights in content, result from each such third parties’ terms and conditions or social networks terms and conditions or, in the absence of those, applicable statutory law.
MOZOO shall not be liable for any failure to perform these Terms that may be blamed on the User, a third party, or any event that is beyond its control and that cannot be reasonably foreseen.
In its capacity as a mere service provider, MOZOO hereby disclaims liability for any information, messages and publications disclosed by the advertisers or other third parties on social networks and / or by Users in their brief and messages sent and shared from the Platform.
The Platform guarantees the Users that personal information is collected and processed on this Platform in accordance with the rules in force, including the Regulation n°2016-679 of 27 April 2016 on protection of individuals with regard to the processing of personal data and on the free movement of such data.
The Platform reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, taking the User’s legitimate interests into account. Provisions regarding changes of these Terms will apply accordingly.
Users may not assign or transfer their rights or obligations under these Terms in any way, without the written permission of the Platform.
These Terms are governed by the law of France. All claims arising out of or relating to this Terms shall be exclusively litigated in the courts which hold jurisdiction over the head offices of MOZOO.
For any questions or complaints, Users can contact MOZOO at the following address: contact@mozoo.com
Waiver. The Platform’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.
Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
Severability. Should any provision of these Terms be or be deemed void, invalid or unenforceable, the parties shall do their best to find, in an amicable way, an agreement on valid and enforceable provisions thereby substituting the void, invalid or unenforceable parts.
In case of failure to do so, the void, invalid or unenforceable provisions shall be replaced by the applicable statutory provisions, if so permitted or stated under the applicable law.
Without prejudice to the above, the nullity, invalidity or the impossibility to enforce a particular provision of these Terms shall not nullify the entire agreement, unless the severed provisions are essential to the agreement, or of such importance that the parties would not have entered into the contract if they had known that the provision would not be valid, or in cases where the remaining provisions would translate into an unacceptable hardship on any of the parties.