Gangz General Terms and Conditions of Use

ARTICLE 1. Legal identification

The Platform is published by GANGZ, a simplified joint-stock company with variable capital, with its head office at 6 rue Adolphe de Rotschild - 06000 NICE, registered in the Trade and Companies Register of NICE under the number 822 220 950, led by Ms. Marie MICHAUD, the current president, exclusive owner of all intellectual property rights on the Platform, who may also be individually named the "Party" or collectively with the Talent the "Parties"; ( hereinafter referred to as "GANGZ").

ARTICLE 2. Definitions

The following terms, whether used herein in the singular or plural, shall always have the following definition:

"Subscription" Refers to the annual subscription that the Talent can subscribe to on the Website, thus giving him/her access to the various Services and Optional Services offered by GANGZ via the Platform;

"Customer Account" Refers to the account created by each Talent, in accordance with the procedure described in Article 7.1 hereof, and from which the Talent can access the Platform Services, in accordance with the User License described in Article 9 hereof;

"Data"
- Talent's Data: refers to all the Talent's Personal Data, hosted by GANGZ, as well as any data on which an intellectual property right derives, provided by the latter in the context of the use of the Services provided;
- Personal Data : refers to all types of information, data and content, collected and processed in the context of the use of the Services delivered by GANGZ, hosted by GANGZ, which, in accordance with the French Data Protection Act of 6 January 1978 (amended by the decree of 4 November 1991 and by the law of 6 August 2004 transposing Directive 95/46/EC) and EU Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016, allowing to designate or identify a natural person directly or indirectly;

"Platform" Refers to the Platform allowing the digitalisation of Talent booking processes in the fields of film and hospitality, developed, edited and hosted by GANGZ, which has exclusive ownership of it, consisting of the Site and the Platform, the use of which is effectively granted by GANGZ to the Talent under this Contract, in accordance with the User License detailed in Article 9 hereafter;

"Professional" Refers to the natural or legal person, professional from the world of entertainment, events or fashion, registered on the Platform in order to search and book Talents;

"Profile" Refers to all public information relating to the Talent, which the Talent undertakes to provide in good faith and to keep regularly updated from its Customer Account;

"Booking Service" Refers, among the Services provided by GANGZ, to the service of publishing the Talent Profile to the Professionals, putting the Talent in contact with them, as well as managing the subsequent Talent recruitment formalities;

"Optional Services" Refers to the set of services possibly provided by GANGZ via the Platform when the Talent has subscribed to them in addition to the Services;

"Site" or "Website" refers to the website located at the URL http://www.gangz.io via which the Platform can be accessed;

"Talent" Refers to the natural person aged eighteen (18) years or over registered on the Platform in order to offer his/her services as a host, extra, figure, talking figure or actor to the Professionals, possibly in his or her capacity as an entertainment temporary worker, and as such having a Customer Account, who may also be referred to individually as the "Party" or collectively with GANGZ as the "Parties";

"User" Refers indifferently to Talents and Professionals registered on the Platform.

ARTICLE 3. Talent Acceptance - Cautionary Note

The present General Terms and Conditions of Use (hereinafter referred to as the "GCU") are expressly approved and accepted by the Talent, who declares and acknowledges having perfect knowledge of them.

In any case, any beginning in the use of the Services offered by the Platform, subjects the Talent to these GCU. The Talent is therefore deemed to accept all the rules stipulated herein, as well as those that would be present in any document available on the Site or the Platform, integrated into these GCU by reference and which govern its relationship with third parties and GANGZ.

These GCU are enforceable for the entire duration of use of the Platform and until new GCU replace the present GCU.

The Talent also acknowledges having consulted the legal notices appearing on the Platform prior to any use of the Services offered via the Platform.

ARTICLE 4. Evidence Agreement

The Talent acknowledges that the recordings and backups (including any login details) made on the Platform (hereinafter the "Electronic Documents") will have full evidential value between the Talent and GANGZ. Thus, the Electronic Documents (including their date and time) shall prevail between the parties to any dispute.

The Talent therefore acknowledges, in its contractual relationship with GANGZ, the validity and evidential value of the e-mails. Likewise, notifications made via the Platform are binding on the Talent as evidence.

ARTICLE 5. Changes

5.1. GANGZ reserves the right to modify these GCU, according to the technical evolution of the Platform or its service offerings, or due to changes in legislation, at its sole discretion.

5.2. In general, the use of the Platform by the Talent is always subject to the most recent version of the GCU available at the time of such use. It is the Talent's responsibility to consult the GCU as often as necessary, which can be accessed from his/her Account.

ARTICLE 6. Breach

Any breach of the present GCU authorises GANGZ to deny the Talent, who has committed the breach in question, access to the Services provided on the Platform, and to close any Talent Account that allows access to the Services, without prejudice to any compensation that may be claimed from the author of the said breach by GANGZ.

ARTICLE 7. Customer Account

7.1. Registration

To be able to use the Platform, the Talent will first have to submit an authentication, following the registration process proposed on the Platform.

They must then fill in the information provided for in the Customer Account registration form in good faith, in accordance with the procedure described on the Platform. This information relates to the following items:

  • - First name
  • - Email Address
  • - Mobile phone number
  • - His/her date of birth
  • - The password that he/she chose
  • - Confirmation of the password

The Talent has the possibility to select the "Facebook connect" button in order to extract the required information from his/her Facebook profile.

Then the Talent certifies that they are over 18 years old and that they have read and accepted the present GCU by clicking on the button dedicated to this purpose.

If the Talent's registration is validated, GANGZ will send the Talent an email confirming the creation of his/her Account, which contains a reminder of his/her login details (email address that he/she provided and password that he/she chose).

GANGZ reserves the right to refuse any registration request by a person or entity that does not comply with these GCU, or that does not provide in good faith the information required when registering on the Platform.

7.2. Provision of the Customer Account

Once his/her registration has been validated by GANGZ, the Talent can access his/her Customer Account and benefit from the Platform Services, except the Booking Service, which requires the Talent to have previously filled in all the information required for this purpose, as stipulated in Article 7.2.2. hereof.

7.2.1. Availability of the Account

The Talent can access his/her Customer Account by logging into the Platform with his/her login details. From this space, the Talent has access to the different Services of the Platform made available by GANGZ, subject to the provisions of Article 7.2.2. below.

The talent can notably:

  • - Edit and modify your profile
  • - Edit and modify your private information, which is not visible to other users;
  • - Track, manage and cancel bookings
  • - Access all the documents relating to its assignments (promises of employment, employment contracts, pay slips, etc.)

It is the Talent's responsibility to verify the validity of the information they provide when logging in to the Platform, in particular the email address provided in the registration form, insofar as this information allows the identification of their Account. In case of false information, the Talent may not be able to access his/her Account, without any liability on the part of GANGZ.

7.2.2. Provision of the Booking Service

I. Profile Information

In order to be able to benefit from the Booking Service, the Talent must first have subscribed to a Subscription and have provided the following elements in good faith:

  • - Name and surname
  • - His/her address
  • - Two photographs
  • - Size
  • - Gender
  • - Phone number
  • - Social security number

After which the Talent must submit all the elements thus filled in to GANGZ for validation, by clicking on the button provided for this purpose. If the form is completed correctly, a confirmation message appears. Otherwise, the Talent is invited to fill in the missing fields.

II. Transfer of image rights

The Talent grants GANGZ, which accepts it, the right to use and exploit its image as represented on all the photographs posted on its Profile, by reproduction and/or representation thereof, for the duration of use of the Services provided by the Gangz Platform and for the entire world, for the following purposes:

  • - Any distribution on the platform, to Professionals registered on the said platform
  • - Any promotion or presentation of GANGZ's activity

This operation may be carried out by any operating mode, on any communication media, known or unknown to date, and in particular by any electronic communication means such as the Internet, whatever the vector and the receiving device.

7.3. Responsibility for login details

It is the responsibility of each Talent to modify, from the first time that they log in and then on a regular basis, the confidential code he or she has chosen and to ensure that his or her code is composed of letters and numbers of sufficient length.

Each Talent is obliged to keep their login details confidential. In this respect, they are reminded that the login details of each Talent are for single and strictly personal use only.

The Talent is responsible for all their uses, whether or not it has actually or expressly authorised them. The Talent is prohibited from assigning, lending or transferring its login details to any third party or allowing any third party to connect to their Account.

ARTICLE 8. General Description of Services

GANGZ provides Talents and Professionals with a unique platform for digitalising Talents' booking processes in the fields of cinema, hospitality and fashion.

Talents have the possibility to edit their Profile in order to publish it to Professionals who may be interested in their services.

In the event that a Professional decides to use the services of a Talent, the Platform facilitates the recruitment of the Talent via the 100% online management of the process and the related formalities.

For more information on the Platform, the Talent is invited to visit the Platform.

ARTICLE 9. License to use the Platform

9.1. Scope of rights granted

GANGZ grants the Talent who accepts, for the duration of the use of the Platform, the non-exclusive, non-transferable and non-assignable right to use the Platform, within the strict limits of the following Domain of Uses defined, on the Territory, in strict compliance with the provisions set forth herein; (hereinafter the "License").

The Talent expressly acknowledges that all rights pertaining to the Platform remain the exclusive property of GANGZ.

The Talent may not sell, transfer, publish, present, disclose or make available to third parties in any other way.

9.2. Area of Use

This License is expressly limited to acts exclusively necessary for the use of the Platform by the Talents.

9.3. Restrictions on use

The use of the Platform published by GANGZ and made available to the Talents is subject to the limitations described below.

This License is strictly personal and the Talent may not assign, transfer or delegate any of its rights or obligations under this License without the prior written consent of GANGZ.

As an indication, GANGZ prohibits any Talent, without its written authorisation, to perform any of the following operations:

  • - To not make any copy of all or part of the software solutions making up the Platform.
  • - To not reproduce permanently or temporarily the Platform made available, in whole or in part, by any means and in any form, including when loading, displaying, running or storing the software.
  • - To not reverse engineer, decompile or disassemble the Platform, computer program(s) and software solution(s), except as expressly permitted by applicable law.
  • - To not modify, alter, adapt or make any change of any kind whatsoever to the presentation and content of the Platform, computer program(s) and software solution(s), brand name, trade name, logos etc. affixed to the Platform, its presentation, i.e. To not remove the Platform's identification and ownership mentions, in particular the names of the contributors.
  • - To not translate, adapt, arrange or modify all or part of the Platform, and to not export it or merge it with other computer applications.
  • - To not remove or alter computer program(s) and software solution(s) as they may appear on the presentations or in the content of the Platform.
  • - To not rent, lend, use the computer program(s) and software solution(s) for the purpose of sharing them or making them available to third parties who are not Users, in the context of time sharing or contract processing centres.
  • - To not publish, except with the prior written consent of GANGZ, any performance or evaluation test or analysis relating to the Platform.

9.4. Duration

Once licensed, this License is granted for the term of use of the Customer Account.

9.5. Territories

This License is expressly limited by the Parties to territories throughout the World.

ARTICLE 10. Acceptable Terms of Use

10.1. General rules

Any text, information, image, photograph, video, etc. posted by a Talent via the Platform ( this is collectively referred to as the "Communications" ) must be written in correct language.

All Communications posted via the Platform must comply with these rules of use, and in particular:

  • - Respect the legislation in force.
  • - Respect public order and good morals. In particular, the Talent will not post any pornographic, indecent or inappropriate photographs.
  • - Do not invade the privacy of others.
  • - Do not make unlawful statements, in particular those of a violent, insulting, defamatory, racist, revisionist nature, condoning war crimes, paedophilia, inciting murder, suicide, discrimination or hatred, etc.
  • - Do not reproduce, represent or disseminate work whose content would reproduce, without authorisation, work protected by intellectual property.
  • - Do not include messages inciting proselytism and displaying the religious and/or political beliefs of the Talent.
  • - Do not denounce and humiliate a person directly by naming them via the Platform.
  • - Do not launch petition topics that have nothing to do with the purpose of the Platform.

The Talent is therefore committed to adopting a respectful attitude towards other users.

Communications that do not comply with these rules may be deleted by GANGZ, according to the moderation procedure described in Article 10.4 herein.

10.2. Rights and duties of the Talent

The Talent is solely and uniquely responsible for what he/she says on the Platform. In this context, the Talent is reminded that its Communications are intended to be published publicly, under their own responsibility, with the exception of "private information". Therefore, the Talent is informed that the information he/she wishes to keep private or confidential should not be posted on the Platform.

10.3. GANGZ Liability

GANGZ does not guarantee the accuracy or legality of the Communications posted via its Platform, nor does GANGZ endorse any opinions that may appear, as the content posted is solely the expression of each Talent.

Furthermore, GANGZ cannot be held civilly liable for the contents posted by the Talent, who is solely responsible for the content and possible use of these elements. Thus, the Talent undertakes to guarantee GANGZ against any claim from third parties who may be harmed by the content of the Communications it has posted.

10.4. Moderation of communications

The moderation by GANGZ of the Communications posted via the Platform consists in verifying that the contents posted (in particular the photographs) by the Talents comply with the laws and regulations in force as well as with the rules set forth herein, and will result in the modification or partial or total refusal of the publication of a Communication posted by a Talent via the Platform.

GANGZ thus reserves the discretionary right to remove any Communication that does not comply with the present Terms and Conditions, and in particular those that do not comply with the principles set forth in 10.1 of the present Article.

In this context, the Talent may report to GANGZ any Communication whose content seems abusive to him/her by sending an email to the following address contact@gangz.io; or by sending a letter to GANGZ, 6 rue Adolphe de Rotschild - 06000 NICE.

ARTICLE 11. Equipment

The use and maintenance of any equipment, computer equipment (in particular, connected PC, tablet), and other equipment necessary to access the Platform is the responsibility of the Talent who will bear the costs alone. GANGZ shall not be liable for any damage to any equipment in connection with the use of the Platform.

In accordance with the Law of 6 January 1978 and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, the collection of Personal Data and the computer processing to which they may be subject by the Platform have been previously declared to the Commission Nationale de l'Informatique et des Libertés [CNIL: National Commission for Information Technology and Civil Liberties] under the number: sux2356372N. Anyone can access it by writing to the CNIL, 3 Place de Fontenoy - TSA 80715 - 75334 PARIS CEDEX 07, or by e-mail to decweb@cnil.fr.

The creation of a Customer Account implies the collection of a certain number of Personal Data from the Talents. This data may be used by GANGZ to: (i) send the newsletter to the Talents; (ii) process all or part of the proposed Service (iii) send information relating to the use of the Platform, its updates, its developments, or other, by personal message to the Talent (iv) transmit commercial offers from its partners.

In accordance with Article 39 of Law No. 78-17 of 6 January 1978, relating to computers, files and freedoms, amended by Law No. 2004-801 of 6 August 2004 (art.5), any Talent has the right to access, modify, rectify and delete data concerning him/her. These rights may be exercised, if necessary, with GANGZ by mail to GANGZ, 6 rue Adolphe de Rotschild - 06000 NICE; via e-mail by writing to contact@gangz.io.

ARTICLE 12. Intellectual Property

12.1. Enforcement of intellectual property rights

GANGZ retains ownership of all intellectual property rights that are used to operate the Platform, and more generally all elements reproduced or used on the Platform are protected under intellectual property law (the "Elements").

Any reproduction, representation, use or adaptation, in any form whatsoever, of all or part of these Elements, without the prior written consent of GANGZ, is strictly prohibited. GANGZ's failure to take legal action upon becoming aware of such unauthorised use does not constitute acceptance of such use and waiver of prosecution.

12.2. Respect of Copyright - Copyright © - Links (belonging to GANGZ or its partners)

The Platform respects copyright and related rights (hereinafter the "Copyright"). All Copyrights of the protected works reproduced and communicated on the Platform are reserved for the whole world. Unless authorised, any use of the works other than individual and private reproduction and consultation is prohibited.

12.2.1. Reproduction on paper

The reproduction (printing) of the Platform's pages on paper is authorised for strictly private and non-commercial use.

12.2.2. Reproduction on electronic media

The reproduction of all or part of the Platform on an electronic medium is prohibited.

12.3.Limitations

All trademarks and other intellectual property rights on any content of the Platform (including but not limited to information, text, images, copyrights, drawings and models) and on the structure of the Platform belong to GANGZ. No use of this content and related intellectual property rights is permitted without the prior express and written consent of GANGZ. All these rights are expressly reserved.

The Talent undertakes to respect the intellectual property rights of GANGZ on each of the elements constituting the GANGZ Platform and to have these rights respected by third parties.

The Talent undertakes to inform GANGZ without delay of any infringement of the Talent's intellectual property rights that it may notice.

The Talent acknowledges and accepts that access to the Site, the Platform and the computer programs and software solution(s) made available to it by GANGZ does not entail any transfer or concession of intellectual property rights (in particular, rights on trademarks or copyrights) and other rights for the benefit of the Talent.

It is therefore strictly forbidden to reproduce, distribute, transmit, publish, allow access through a link or hyperlink, or to modify, adapt or correct the Platform in any way whatsoever without the express written permission of GANGZ. Failure to comply with this clause may result in a violation of copyright, trademark or other intellectual property rights that may expose the Talent to civil and/or criminal penalties.

ARTICLE 13. Notification

All notices and notifications provided for in this Contract must be sent to the address given at the top of this document in relation to GANGZ, and to the address provided by the Talent when registering on the Platform, regularly updated if necessary, in accordance with the provisions hereof.

All notifications made hereunder shall be validly made and shall be deemed to have been received under the following conditions:

  • - e-mail - on the day of sending
  • - registered letter with acknowledgement of receipt - the day after the date on the acknowledgement of receipt.

ARTICLE 14. Litigation and Jurisdiction

The Contract is subject to French law. Any dispute relating to the present Contract will be brought to the attention of the materially competent jurisdiction of the Talent's place of residence.

The use of the Platform published by GANGZ implies without reserve the acceptance of the following provisions by any Talent wishing to benefit from the Services delivered by the Platform, the latest version being proof of this.

ARTICLE 1. Legal identification

The Platform is published by GANGZ, a simplified joint-stock company with variable capital, with its head office at 39 boulevard Carabacel- 06000 NICE, registered in the Trade and Companies Register of NICE under the number 822 220 950, led by Ms. Marie MICHAUD, its current president, the exclusive owner of all intellectual property rights on the Platform, who may also be individually appointed the "Party" or collectively with the Professional the "Parties"; ( hereinafter referred to as "GANGZ").

ARTICLE 2. Definitions

The following terms, whether used herein in the singular or plural, shall always have the following definition:

"GCU"
Designates the present general conditions of use.

"Professional"
Refers to the natural or legal person, professional from the world of entertainment, events or fashion, on behalf of its legal representative, by delegation of power, by a person likely to commit the legal entity, registered on the Platform in order to search for and book Talents, and as such, having a Professional Account, which may also be referred to individually as the "Party" or collectively with GANGZ as the "Parties";

"Professional Account"
Refers to the account created by each Professional, in accordance with the procedure described in Article 7.1 hereof, and from which the Professional can access the Platform Services, in accordance with the User License described in Article 9 hereof;

"Platform"
Refers to the Platform allowing the digitalisation of the connection services between a Professional and a Talent and the recruitment process of Talents in the fields of cinema and hospitality, developed, published and hosted by GANGZ, which holds the exclusive ownership over it, composed of the Site and the Platform;

"Profile"
Refers to all the public information relating to each Talent, which the Talent publishes on the Platform;

"Site"
Refers to the website located at URL http://www.gangz.io via which the Platform can be accessed;

"Talent"
Refers to the natural person aged sixteen (16) years or over registered on the Platform in order to offer his/her services as a model, host or hostess, extra, figure, speaking figure or actor, possibly in his/her capacity as a temporary entertainment worker, having a Talent account on the Platform, which the Professional has the possibility to book;

ARTICLE 3. Acceptance from the Professional

The GCU constitute a contract between the Professional and GANGZ. Access to the Platform is subject to the Professional’s express and unreserved acceptance of the GCU. Failure to accept the General Conditions of Use shall make it impossible for the Professional to access and use the Platform.

When registering with the Platform, the GCU are accepted by the Professional, who declares and acknowledges to have a perfect knowledge of them.

GANGZ reserves the right to modify and/or update the GCU at any time without prior notice, of which the Professional will be informed. Access to and use of the Platform shall be subject to the GCU in force at the time of such access and use.

In the event that one of the clauses of the GCU is invalid due to a change in legislation or regulations or declared as such by a final court decision, this shall in no way affect the validity and compliance with the other clauses of the GCU.

ARTICLE 4. General description of the Platform

The GCU constitute a contract between the Professional and GANGZ. Access to the Platform is subject to the Professional’s express and unreserved acceptance of the GCU. Failure to accept the General Conditions of Use shall make it impossible for the Professional to access and use the Platform.

When registering with the Platform, the GCU are accepted by the Professional, who declares and acknowledges to have a perfect knowledge of them.

GANGZ reserves the right to modify and/or update the GCU at any time without prior notice, of which the Professional will be informed. Access to and use of the Platform shall be subject to the GCU in force at the time of such access and use.

In the event that one of the clauses of the GCU is invalid due to a change in legislation or regulations or declared as such by a final court decision, this shall in no way affect the validity and compliance with the other clauses of the GCU.

ARTICLE 5. Evidence Agreement

The Professional acknowledges that the records and backups (including any login details) made on the Platform (hereinafter the "Electronic Documents") shall have full evidential value between the Professional and GANGZ. Thus, the Electronic Documents (including their date and time) shall prevail between the parties to any dispute.

The Professional therefore recognises, in its contractual relations with GANGZ, the validity and probative value of e-mails. Similarly, notifications made via the Platform are binding on the Professional as evidence.

ARTICLE 6. Breach

Any breach of the present GCU authorises GANGZ to deny the Professional,author of the breach in question, access to the Services provided on the Platform, as well as to close any Professional Account that grants access to the Services, without prejudice to any compensation that GANGZ may claim from the violator.

ARTICLE 7. Professional Account

7.1. Creation of the Professional Account

He/she must then fill in the information provided for in the Professional Account registration form accurately and in good faith, in accordance with the procedure described on the Platform. This information relates to the following items:

  • - Surname and first name of the legal representative,
  • - Surname and first name of the signatory benefiting from the powers and delegations necessary to bind the Professional, Company name,
  • - Email address,
  • - Mobile phone number,
  • - SIRET number,
  • - Business sector,
  • - Full postal address
  • - URL address of the website,
  • - VAT number,
  • - Bank details (BIC and IBAN)
  • - Trade sector Code (NAF)
  • - KBis (Company registration certificate)
  • - The password he/she chose.

If the Professional's registration is validated, GANGZ will send the Professional an email confirming the creation of his/her Account. The Professional agrees to provide and maintain accurate, up-to-date and complete information about him/herself. Under no circumstances shall GANGZ be held liable in case of delay or impossibility to provide the Platform and, due to false or incomplete information in the entry of the information concerning the Professional at the time of his/her request for the creation of the Professional Account.

GANGZ reserves the right to refuse any registration request by a person or entity that does not comply with these GCU, or that does not provide in good faith the information required when registering on the Platform.

7.2. Provision of the Professional Account

The Professional can access his/her Professional Account by logging in to the Platform using his/her login details. From this space, the Professional has access to the various services offered on the Platform.

In particular, the Professional can:

  • - Search and select Talents;
  • - Create and manage Talent Lists;
  • - Create bookings;
  • - Track, manage and cancel bookings;
  • - Pay for a booking
  • - Modify the information items stored in his/her Account.

It is the responsibility of the Professional to verify the validity of the information they provide when logging in to the Platform, in particular the e-mail address given in the registration form, insofar as this information enables their Account to be identified. In case of false information, the Professional may not be able to access his/her Account, without GANGZ being responsible for it.

7.3. Responsibility for login details

It is up to each Professional to modify, from the first time they log in and then on a regular basis, the confidential code he/she has chosen and to make sure that his/her code is composed of letters and numbers of sufficient length.

Each Professional is also obliged to keep his/her login details confidential. In this respect, it is reminded that the login details of each Professional are strictly personal.

The Professional is responsible for all their uses, whether or not he/she has actually or expressly authorised them. It is forbidden for the Professional to give, lend or transfer his/her login details to any third party or to allow any third party to connect to his/her Account.

ARTICLE 8. Intellectual Property

The Platform, including its source codes, databases and architecture, as well as the signs and logos of the Platform and GANGZ (hereinafter the "Protected Items") are protected by intellectual property rights (such as, in particular, all copyrights, patent rights, trademarks, database producer rights, and any other existing or future French and international intellectual property rights) and belong to GANGZ or to third parties who have authorised GANGZ to exploit them.

The use of the Platform in no way confers on the Professional a right of ownership and/or an intellectual property right over the Protected Elements with the exception of a personal right of access, non-exclusive and limited exclusively to the use of the Platform in accordance with its object and purposes and in compliance with the GCU.

It is strictly forbidden to represent, reproduce and/or exploit the Protected Elements, in whole or in part, in any form and by any means whatsoever, without the prior written consent of GANGZ. The Professional agrees not to copy, modify, assemble, decompile, alter, sell, rent, lease, loan, broadcast, distribute or transfer all or part of the Platform, create derivative works from these works, authorise or permit a third party to commit such acts, without the prior written consent of GANGZ.

Failure to comply with the provisions of this article constitutes a breach of the intellectual property rights of GANGZ and/or third party licensors and may result in civil and criminal prosecution.

ARTICLE 9. Acceptable Terms of Use

The Professional undertakes to make reasonable use of the Platform and in particular to:

  • - Respect the legislation in force, in particular in terms of labour law with regard to Talent;
  • - Respect public order and good morals, especially regarding the nature of the assignments proposed to the Talents,
  • - Not infringe on the privacy of others, in particular not to use the photos posted by the Talents for purposes other than recruitment,
  • - Not make unlawful statements, in particular those of a violent, insulting, defamatory, racist, revisionist nature, condoning war crimes, child pornography, inciting murder, suicide, discrimination or hatred, etc.,
  • - Not reproduce, represent or disseminate a work whose content would reproduce a work protected by intellectual property without authorisation,
  • - Not include messages inciting proselytism and displaying the religious and/or political beliefs of the Professional,
  • - Not denounce and humiliate a person directly by naming them via the Platform,
  • - Not launch petition topics that have nothing to do with the purpose of the Platform.

The Professional therefore undertakes to adopt a respectful attitude towards other Users.

Communications that do not comply with these rules may be deleted by GANGZ, according to the moderation procedure described in Article 10.4 herein.

The Professional is solely and uniquely responsible for what he or she says on the Platform.

When the Professional sends an offer to GANGZ for publication, GANGZ has a power of moderation. before publishing GANGZ verifies, that it complies with the laws and regulations in force as well as with the rules set forth herein. Consequently, GANGZ may modify or refuse to publish, in whole or in part, the assignment offer proposed by the Professional.
GANGZ reserves the right to delete the Account of any Professional who does not comply with these rules of use of the Platform.

ARTICLE 10. Duration - Cancellation

The GCU come into force as of their acceptance by the Professional and for the entire duration of use of the Platform by the Professional..

The Professional is free to deactivate his/her Account at any time, as long as he/she has no current subscription to the Platform, by clicking on the "Deactivate my Account" button available on his/her Account. Otherwise, the Professional is invited to cancel his/her current subscription(s) in accordance with the procedure provided for in the general subscription conditions, before deactivating his/her Account.

In the event that the Professional uses the Platform do not comply with the GCU, or in the even that the Professional breaches the GCU, or more generally in case of violation of the applicable laws and regulations, GANGZ may terminate by operation of law, without prior notice or compensation, all or part of the Professional's access to the Platform. GANGZ may terminate this contract without prejudice to any other rights, actions and claims that GANGZ may have for the compensation of any damages that it may have suffered as a result of such breaches. Cancellation of the Account will entail immediate termination of the current Platform subscription(s), in accordance with the Platform's general subscription terms and conditions.

The deactivation of the Account will be carried out by GANGZ upon receipt of the aforementioned email. The data/information entered by the Professional on his/her Account, and in particular, the Professional's personal data, shall then be archived in a secure environment for the legal period of limitation for the purposes of proof for the establishment, exercise or defence of a right in legal proceedings, in accordance with the regulations applicable to the protection of personal data.

GANGZ will return to the Professional who so requests the data it has entered on the

Platform, on simple request sent by email to the following address: data@gangz.io.

ARTICLE 11. Guarantees

The Professional is solely responsible for the integrity, accuracy and quality of the data/information he/she enters and disseminates on the Platform. The Professional shall also ensure that the data he/she enters and disseminates on the Platform is free of viruses or any other component that may cause damage to the Platform.

GANGZ makes no other express or implied guarantees, including but not limited to, the non-infringement of third party rights, the continuity, performance and/or durability of the Platform and/or the fitness for a particular purpose or the suitability of the Platform for the needs of the Professional, nor does GANGZ guarantee that the Platform is free from defects, errors or bugs or that it will operate without failure or interruption. The Platform is distributed "as is" and according to its availability.

Access to the Platform implies knowledge and acceptance of the characteristics and limitations of the Internet, particularly with regard to technical performance, response times for consulting, querying or transferring information, the risks of interruption and, more generally, the risks inherent in any connection and transmission on the Internet, the lack of protection of certain data against possible misappropriation and the risks of contamination by any viruses circulating on the network. GANGZ does not guarantee that the Platform or its servers will at all times be free of viruses, worms, Trojan horses or any other components that may cause damage. It is the responsibility of the Professional to take all appropriate measures to protect its own hardware, data, and/or software stored on its computer equipment against any attack.

The use and maintenance of any equipment, computer equipment (in particular, connected computer, tablet) and other equipment necessary to access the Platform is the responsibility of the Professional, who shall be solely responsible for the costs thereof. GANGZ shall not be liable for any damage to any equipment in connection with the use of the Platform.

ARTICLE 12. Responsibility

GANGZ is in no way liable for the access and use of the Platform by the Professional for any reason whatsoever. Access to and use of the Platform is the sole responsibility of the Professional.

The Professional is the sole master of the proper use, with discernment and spirit, of the Platform and the Data that he/she enters and disseminates.

No advice or information, whether oral or written, obtained by the Professional when using the Platform is likely to create guarantees not expressly provided for in the GCUs, nor to lead to the liability of GANGZ in the event of damages, of any nature whatsoever, caused to the Professional or to third parties due to the misuse of the Platform by the Professional, in violation of the provisions of the present article and more generally of the non-compliance with the GCUs.

The Professional is responsible for any damage to his/her computer system, the Platform and/or its content, as well as for the loss of Data that may result from his/her use of the Platform. As such, the Professional is responsible for the implementation of anti-virus and other measures to secure his/her computer system.

To the fullest extent permitted by applicable law, GANGZ expressly excludes its liability for any damage, direct or indirect, resulting from or in connection with access to the Platform, its use, malfunction or unavailability regardless of its nature and duration.

GANGZ est responsable des seuls dommages directs qui pourraient être causés au Professionnel du fait de la mauvaise exécution et/ou inexécution des obligations lui incombant en vertu des CGU.

The Professional acknowledges that GANGZ remains free to correct and/or modify the Platform at any time and without prior notice, without this correction and/or modification giving rise to any recourse on their part.

In general, GANGZ cannot be held liable in all cases where the non-execution or poor execution of the GCU is the result of force majeure or a fortuitous event beyond their control.

ARTICLE 13. Personal Data

GANGZ is concerned about the protection of the personal data of Professionals and undertakes to protect them in accordance with the applicable regulations and in particular Regulation (EU) n°2016/679 of 27 April 2016 known as the "General Data Protection Regulation" or "GDPR" and Law n° 78-17 of 6 January 1978 as amended, known as the "French Data Protection Act" as amended. To learn more about the regulations for the protection of personal data, the Professional is invited to consult the GANGZ Privacy Policy, available at the following address: gangz.io/politique-de-confidentialite.pdf.

ARTICLE 14. Intellectual Property

The Platform, including the GANGZ graphic elements, names and logos, content, texts, images, videos, sounds, is protected by intellectual property rights (such as, in particular, all copyrights, trademark rights, database producer rights, and any other existing or future French and international intellectual property rights) and belongs to GANGZ or to third parties who have authorised GANGZ to use it.

The use of the Platform in no way confers on the Professional a right of ownership and/or an intellectual property right on the Platform with the exception of a personal right of access, non-exclusive and limited exclusively to the use of the Platform in accordance with their object and purposes and in compliance with the GCU.

It is strictly forbidden to represent, reproduce and/or exploit the Platform, in whole or in part, in any form and by any means whatsoever, without the prior written consent of GANGZ. The Professional agrees not to copy, modify, assemble, decompile, alter, sell, rent, lease, loan, broadcast, distribute or transfer all or part of the Platform, create derivative works from these works, authorise or permit a third party to commit such acts, without the prior written consent of GANGZ.

Failure to comply with the provisions of this article constitutes a breach of the intellectual property rights of GAGNZ and/or third party licensors and is likely to result in civil and criminal prosecution.

ARTICLE 15. Notification

All notices and notifications provided for in this Contract shall be sent to the address given at the top of this document in relation to GANGZ, and to the address provided by the Professional when registering on the Platform, regularly updated if necessary, in accordance with the provisions hereof.

All notifications made hereunder shall be validly made and shall be deemed to have been received under the following conditions:

- email on the day of sending;

- registered letter with acknowledgement of receipt the day after the date on the acknowledgement of receipt.

ARTICLE 16. Litigation and Jurisdiction

The GCU are subject to French law.