1. Site presentation
Legal information and identity
Legal Notice
Legal information and terms of use for TikStar ERP
Under Article 6 of Law No. 2004-575 of June 21, 2004 on confidence in the digital economy, it is specified to users of the site the identity of the various stakeholders in its implementation and monitoring: ERP TikStar.
Owner
TikStar – France
Publication manager
TikStar – contact@tikstar.fr
Hosting provider
Lws
Data Protection Officer
Tikstar – contact@tikstar.fr
2. Terms of use
Terms and usage rules
The use of the site implies full and complete acceptance of the general conditions of use described below. These conditions of use may be modified or supplemented at any time, users of the site are therefore invited to consult them regularly.
This site is normally accessible to users at any time. An interruption for technical maintenance reasons may however be decided by TikStar, who will then endeavor to communicate to users in advance the dates and times of the intervention.
The site is updated regularly. In the same way, the legal notices may be modified at any time: they nevertheless apply to the user who is invited to refer to them as often as possible in order to take note of them.
2.1 Acceptance of conditions
By accessing and using this site, the user acknowledges having read the present general conditions of use and undertakes to respect them fully.
2.2 Description of services
The site aims to provide a platform for connecting content creators with their audience. The publisher strives to provide on the site information as accurate as possible.
2.3 Access to services
Access to the site and its features is normally available 24 hours a day, 7 days a week, except in case of force majeure or an event beyond the control of TikStar, and subject to possible breakdowns and maintenance interventions necessary for the proper functioning of the site and services.
2.4 Modification of conditions
TikStar reserves the right to modify, at any time and without notice, the content of this site and these conditions of use. The user is therefore invited to consult them regularly.
3. Services description
Features and services offered
Le site ERP TikStar offers a management and connection platform between content creators and their audience. The services offered include:
- A creator and agent management system
- A statistics dashboard and performance tracking
- A ranking and remuneration system based on performance
- Communication tools between creators and agents
- An intelligent notification system
- Profile and cover management features
The publisher strives to provide on the site information as accurate as possible. However, it cannot be held responsible for omissions, inaccuracies and deficiencies in the update, whether they are due to it or to third-party partners who provide it with this information.
All information indicated on the site is given for information purposes, and is likely to evolve. Furthermore, the information appearing on the site is not exhaustive. They are given subject to modifications having been made since they were put online.
4. Technical limitations
Technical constraints and responsibilities
The site uses JavaScript technology. The site cannot be held responsible for material damage related to the use of the site. In addition, the user of the site undertakes to access the site using recent equipment, not containing viruses and with an updated latest generation browser.
The site is hosted by a provider in the European Union in accordance with the provisions of the General Data Protection Regulation (GDPR).
The objective is to provide a service that ensures the best availability rate. The host undertakes to maintain continuity of its service 24 hours a day, every day of the year. It nevertheless reserves the right to interrupt the hosting service for the shortest possible periods, in particular for maintenance, improvement of its infrastructure, failure of its infrastructure or if the Services and Services generate traffic deemed abnormal.
TikStar and the host cannot be held responsible in the event of malfunction of the Internet network, telephone lines or computer and telephone equipment linked in particular to network congestion preventing proper access to the server.
5. Intellectual property
Rights and counterfeiting
TikStar is the owner of intellectual property rights or holds the rights of use on all elements accessible on the site, in particular texts, images, graphics, logo, icons, sounds, software.
Any reproduction, representation, modification, publication, adaptation of all or part of the elements of the site, whatever the means or process used, is prohibited, except with prior written authorization from: TikStar.
Any unauthorized use of the site or any of the elements it contains will be considered as constituting an infringement and prosecuted in accordance with the provisions of articles L.335-2 and following of the Intellectual Property Code.
Failure to comply with this prohibition constitutes an infringement which may engage the civil and criminal liability of the infringer. The same will apply to the databases possibly present on the site, which are protected by the provisions of the law of July 1, 1998 transposing directive 96/9 of March 11, 1996 relating to the legal protection of databases.
The trademarks and logos reproduced on this site are registered by the companies that own them.
6. Liability limitations
Responsibilities and exclusions
TikStar cannot be held responsible for direct and indirect damage caused to the user's equipment, when accessing the site, and resulting either from the use of equipment that does not meet the specifications indicated in point 4, or from the appearance of a bug or incompatibility.
TikStar cannot also be held responsible for indirect damage (such as loss of market or loss of opportunity) resulting from the use of the site.
Interactive spaces (possibility of asking questions in the contact space) are available to users. TikStar reserves the right to delete, without prior formal notice, any content deposited in this space which would contravene the legislation applicable in France, in particular the provisions relating to data protection. If necessary, also reserves the possibility of calling into question the civil and/or criminal liability of the user, in particular in the event of a racist, insulting, defamatory, or pornographic message, whatever the medium used (text, photography...).
The user undertakes not to use the site in an abusive manner, in particular by not transmitting illegal content, by not infringing the rights of third parties, by not disrupting the operation of the site.
7. Personal data
GDPR and data protection
The controller of personal data processing is: TikStar.
The site may ask you to accept cookies for statistical and display purposes. A cookie is information deposited on your hard drive by the server of the site you are visiting. It contains several data which are stored on your computer in a simple file to which the server accesses to read and record information.
Data collected:
- Username and profile information
- Contact email address
- Navigation and service usage data
- Performance and engagement statistics
- Communication data between creators and agents
Processing purposes:
- Provision of platform services
- User account management
- Communication between parties
- Improvement of services offered
- Compliance with legal obligations
User rights:
- Right of access to personal data
- Right to rectification of inaccurate data
- Right to erasure of data
- Right to data portability
- Right to object to processing
To exercise these rights, you can contact the data protection officer: Tikstar - contact@tikstar.fr
Personal data is kept for the duration necessary for the purposes for which it is collected and processed, in accordance with current legal provisions.
8. Applicable law
Jurisdiction and dispute resolution
Any dispute in relation to the use of the site is subject to French law. Exclusive jurisdiction is attributed to the competent courts of France.
These general conditions of use are governed by French law. In case of dispute, French courts will have sole jurisdiction.
Dispute resolution:
- In case of dispute, the parties will endeavor to find an amicable solution
- In the absence of an amicable agreement, the dispute will be brought before the competent courts
- The consumer can resort to consumer mediation
- The consumer can also seize the European Commission for online dispute resolution
Applicable law:
- French Consumer Code
- General Data Protection Regulation (GDPR)
- Law on confidence in the digital economy
- Intellectual Property Code
In case of modification of these general conditions of use, the new conditions will be applicable as soon as they are put online on the site.
9. Glossary
Definitions and terminology
Utilisateur : Internet user connecting, using the aforementioned site.
Informations personnelles : "information which allows, in any form whatsoever, directly or indirectly, the identification of the natural persons to whom it applies" (article 4 of law n° 78-17 of January 6, 1978).
Créateur : Platform user who creates content and participates in the performance-based remuneration system.
Agent : Platform user who manages and supports creators in their development.
Administrateur : User with full management rights of the platform and its users.
Diamants : Unit of measurement of creator performance used to calculate remuneration.
Paliers : Creator progression system based on their performance (Apprentice, Warrior, Veteran, Champion, Legend, Divine).
Rémunération : Creator payment system based on their performance and achieved tier.
Plateforme : Website and all its features.
Services : All the features offered by the platform to users.
Contenu : Any information, data, text, image, video or other element published or shared on the platform.