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Terms of Service

Preamble

Terms of Use revised as of April 10, 2014

Warning ! it is an approximate translation of the original French version.
The French version of the general conditions of use of the site is the only official and legal version.

The website Jiwix, managed by the company CityToo SAS with the capital of 375.000 euros whose registered office is located in France, Place Horace Cristol to TOULON and registered with the Register of Commerce and Companies under the number 512 785 296, allows its users to host in any trust their personal data, access it remotely and share it securely. By using the services of the site, you agree to comply with these terms of use, you acknowledge to be fully informed of all the provisions of these terms of use.


Summary
Article 1 : Definitions
Article 2 : Object
Article 3 : Introducing Jiwix
Article 18 : General provisions
Article 19 : Legal Notice


Article 1. Definitions

In these Terms of Use, words or phrases beginning with a capital letter shall have the following meanings:

Business:  refers to the CityToo company that manages the Service.

Service or Services:  means all the services or services offered by the Company.

Site:  means the website offering this Service.

User or Users:  designates one (or all) users who views a page of the Site or uses one of the Services of the Site.

Member or Members:  means any (or all) Service User (s) validly registered and who has / have not paid for the use of the Service.

Content:  means personal data of a Member, stored in his private area on the Site.

Network of contacts:  designates all the contacts of a Member, the contacts of his contacts, the contacts of the contacts of his contacts and so on.

Godson or Godson  means one (or all) Member (s) that a Member has sponsored. A godson can only have one godfather.

Network of referrals:  designates all the godchildren of a member, the godchildren of his godchildren, the godchildren of the godchildren of his godchildren, and so forth on 10 levels in all.


Article 2. Object

These terms and conditions of use define the rules, rights and obligations of Members and the Company, in the context of the use of the Services available on the Site.


Article 3. Introducing Jiwix

3.1  Jiwix is a hosting site that allows the Member to securely store, upload and securely access his personal data in his private area, access it remotely, manage it and share it in confidence with his contacts.

3.2  The free use of Jiwix does not make it possible to store and save permanently its Content. Free use of Jiwix is only convenient for sharing Content over a limited period of time, beyond which Member Content is automatically deleted. The Member agrees that the Company may change this expiry time at any time.

3.3  Only the paid use of Jiwix allows to store and save permanently its Content. The Member agrees that the Company may delete all of its Content if the Member has not renewed its subscription before its expiry date.

3.4  The Company reserves the right to limit or modify the functionality of the Site at any time.


Article 4. Access and registration conditions

4.1  Registration is free. The Member must be of legal age and have the legal capacity to take out contracts. To register and become a Member, a User must be sponsored by a Member. Only one registration per Member is authorized by the Company. A Member must not use other accounts than his own. The Member must use his real name, his real name. The profile picture of the Member must correspond to his identity and not undermine the good morals.


Article 5. Privacy and data protection of the Member

5.1  The Company undertakes not to resell the personal information of its customers to other companies. The Company does not solicit advertising by telephone or fax.

5.2  Jiwix is a trusted site. Your personal data is stored on the servers managed by Jiwix. All applications are created and hosted on Jiwix servers. Security is part of the heart of Jiwix which attaches particular importance to the confidentiality of the Member's personal data.

5.3  In accordance with the law n ° 78-17 of January 6th, 1978, the Member can at any moment access the personal information concerning him and held by the Company, ask for their modification or their suppression. The Company has been declared to the National Commission for Computing and Liberties under number 1297759.

5.4  Jiwix uses the personal data of the Member to make him benefit from the functionalities of the Site. The Member accepts that his direct contacts access his profile information (name, surname, profile picture, email, phone numbers, home address ...). The Member can delete a contact from his contact list at any time.

5.5  In the Member's interest, in order to expand his Network of Contacts, other Members may only have access to his contact list, his name, his first name and his profile picture. The member can disable these features at any time by changing their user preferences.

5.6  The Member accepts that his direct contacts know the day of his last connection to the Site. The Member agrees to be ranked according to the number of his / her contacts who have connected to the Site for less than 30 days.

5.7  Jiwix uses an automatic tracking process (cookie) to secure the Member's session on the Site. An unregistered user may deactivate cookies by modifying the parameters concerned by his Internet browser.

5.8  Jiwix makes every effort to provide a consistent Service that respects the privacy and personal data of the Member. Jiwix does not guarantee that it is perfect. Member may make suggestions to Jiwix for improvement.


Article 6. Remuneration and payment of Members

6.1  The Member may sponsor other users not registered on the Site. By confirming their registrations, these users will become the unique Referrals of the Member throughout the life of the Website.

6.2  The Member agrees to be paid by the Company and the Member agrees that the Company pays its sponsor and referrals. The Member may refuse to be paid.

6.3  It is strictly forbidden for a Member to cheat by creating multiple accounts under penalty of legal action against him. If a Member has cheated or if it does not comply with these terms and conditions of use, the Company reserves the right to retroactively cancel all remuneration received illegally by this Member, as well as any corresponding remuneration paid to its sponsors on 10 levels. In addition, the Company reserves the right to delete all accounts of the Member who cheated.

6.4  To fight against cheating and repudiation of credit card payments, earnings will be validated by the Company after a period of 12 months.

6.5  As soon as the earnings of the Member, validated by the Company, exceed 100 euros excluding taxes, the Member may establish a bill in due form that he must send to the company by mail to "CityToo Billing Jiwix - Place Horace Cristol, 83000 TOULON - France ". The Member must include on his invoice his referral link. Upon receipt of the invoice, the Company will immediately pay the Member within 30 days by check, provided that the Member has complied with the terms and conditions. The Member must attach to his first invoice a photocopy of his identity card and a photocopy of his last bill of his telephone subscription as proof of address.

6.6  The Member agrees that the Company may at any time change the rules of the sponsorship system as well as the system and the amount of remunerations and commissions paid to Members.

6.7  The Company does not guarantee any minimum annual remuneration of the Member.

6.8  The Member and the Company declare and acknowledge that they are and will remain, throughout the duration of this contract, independent business and professional partners, each insuring the risks of its own activity.

6.9  The Member declares to have the legal authorization in his country to draw up an invoice, and the Member declares and guarantees the Company that he has carried out, or possibly will proceed, at his expense and under his sole responsibility, to all the steps the activities arising from this contract. The responsibility of the Company can not be engaged in this respect by any third party whatsoever.

6.10  The Member agrees to take out an insurance policy guaranteeing his professional liability for all activities and obligations arising from this contract.


Article 7. Member's intellectual property

7.1  The Company acquires no ownership of the Content of a Member. The latter remains the owner of its Content and any copyrights or other rights associated with it.

7.2  Whenever the Member shares its Content with another Member, the Member agrees to grant him and his Network of Contacts, for free and for exclusively personal purposes, the ability to view, copy and share this Content. and this, throughout the life of the Site. If the Member deletes their Content in their private area, the Member declares to accept that only their Content in their private area will be deleted, and their direct contacts will no longer be able to access this Shared Content.

7.3  The Member grants the Company a license to use the intellectual property rights attached to its existing Content on the Site to benefit from the functionality of the Site. The Member authorizes the Company to reproduce, transform, distort and display its Content on the Site to benefit from the functionality of the Site.


Article 8. Intellectual property of other Members

8.1  The Member undertakes to respect the intellectual property rights of other Members. The Member and the Company acquire no ownership rights to the Content posted by other Members. The Member agrees not to use techniques contrary to those provided by the normal functionality of the Site to access the Content of other Members.


Article 9. The intellectual property of the Company

9.1  Logos, trademarks, texts and any other content on the Site are the intellectual property of the Company and may not be reproduced, used or represented without the express authorization of the Company, under penalty of legal proceedings.


Article 10. Corporate Hosting Responsibility

10.1  The Company is under no legal obligation to monitor Content stored by Members. The Company is not responsible for the Content posted by Users.

10.2  In accordance with the regulations, The Company as a host provides Users with a contact form allowing them to report any abusive content relating to the apology of crimes against humanity, incitement to racial hatred, child pornography, incitement to violence, undermining human dignity. The link to the contact form is available on all the pages at the bottom of the page. The Member may also report this abusive content by sending a letter to the company CityToo Jiwix Place Horace Cristol 83000 to TOULON, and indicating your identity, the description and the URL of the disputed content and the identifier of the author.

10.3  Pursuant to Law No. 2004-575 of 21 June 2004, the Company is under an obligation to remove any obviously illegal content on the Site, as soon as the Company has actually been aware of it. The Company makes available to any person a contact form allowing it to report any content protected by intellectual property rights. The link to the contact form is available on all the pages at the bottom of the page. The Member may also report this content protected by intellectual property rights by sending a letter to the company CityToo Jiwix Place Horace Cristol 83000 to TOULON. In accordance with the terms of article 6-I-5 of the law of 21 June 2004, said notification should include all the following information: 1- the date of notification; 2- the identity of the notifier: if it is a natural person: surname, first name, date of birth, nationality, domicile and profession. If it is a legal person: its form, its corporate name, its registered office and the body that legally represents it; 3- name and address of the addressee or, in the case of a legal entity, its name and registered office; 4- the description of the disputed facts and their precise location (ex: URL link); 5- the reasons for which the contents must be withdrawn, including the mention of legal provisions and justifications of facts; 6- a copy of the correspondence sent to the author or publisher of the disputed information or activities requesting their interruption, withdrawal or modification, or the justification that the author or publisher could not have been contacted.

10.4  Incomplete notification of abusive or unlawful content can not be considered valid. In addition, it is recalled that the law punishes with one year imprisonment and 15000 euros fine anyone who uploads illegal Content and who asks for its deletion by notifying the Company.


Article 11. Member's Responsibility

11.1  The Member is solely responsible for the Content stored in his private area and for the information he publishes on his behalf on the Site. The Member warrants to the Company that he has the necessary authorizations and rights from the rightful owners concerned and that he has paid all rights and payments whenever he adds Content on the Site and also when it shares this Content with other Members. In accordance with the law, the Member undertakes never to violate the intellectual property rights of third parties, not to add any abusive or unlawful Content, to respect the legal and regulatory provisions in force, not to harm the persons and privacy, not to undermine public order and morality.

11.2  The Company strictly prohibits the Member from inviting via the site unknown persons or persons who do not know him.

11.3  The Company strictly forbids the Member to send messages via the Site and to share content with unknown persons or persons who do not know him.

11.4  The Company prohibits any form of SPAM. The Company is a trusted site. In the interest of the Members, advertising SPAM is formally prohibited. The Company may delete the spammers account. The Spammer Member is liable without limit for the damage suffered by the Company.

11.5  The Member is responsible if he does not respect the law in force in each country. A Member must not have for contact on the Site a Member who does not respect the law in his country.

11.6  Member agrees that the Company will delete its account if it intentionally promotes competing sites to the Site or if the Member communicates with other Members to deliberately harm the interests of the Company.


Article 12. Copyright Protection Policy

12.1  The Company strictly prohibits Members from sharing films, music, works and Content if they violate the intellectual property rights regulations.

12.2  If the Member does not comply with the law, the Member incurs, personally, imprisonment and fines.


Article 13. Exclusion of Warranties - Limitation of Liability

13.1  Members are solely responsible for the content they have posted on the Site. The Company therefore recommends that Members exercise caution and common sense when using the Site and taking all necessary precautions. Therefore, the Company can not be held responsible for any misuse of this information by a third party, whether personal or otherwise.

13.2  The Company can not be held responsible for the accuracy or inaccuracy of the content published by a Member. The latter agrees to guarantee the Company against any conviction pronounced against it by the fault of the Member, this Member agrees to pay all fines, all interests and all legal costs.

13.3  The Company can not be held liable for total or partial piracy of the Site and any damage that such piracy could cause towards the Member or towards a third party.

13.4  The Company can not be held responsible in case of failure of the Service, in case of delay in the execution of the activities, in case of modification of the contents of the Site, in case of interruption, suspension or closure of the Site.

13.5  The Company does not guarantee the Member that there are no anomalies on the Site, computer bugs, problems in the computer program preventing normal operation of the Site. Whatever the harm to the Member, the latter agrees not to seek damages from the Company. If the Member discovers a computer bug, the Member may communicate to the Company the description of the computer bug so that the Company can correct it. If the Member no longer trusts the Site, the Member may terminate his registration free of charge at any time.

13.6  The Member agrees to release the Company, its parents, subsidiaries, employees, and managers from any liability for any prejudice related to the use of the Service.

13.7  The photographs and illustrations on the Site are not contractual.

13.8  The liability of the Company towards a Member regardless of the basis and form of the action, is at all times limited to the amount that the Member has paid.

13.9  The Company does not guarantee the permanent storage of a Member's Content. The latter must save its Content elsewhere than on the Site. The Company is not liable if the Member loses personal data. In all cases, the Member undertakes not to claim damages from the Company.


Article 14. Advertisements and Links

14.1  The Member authorizes the Company to include advertising on all pages of the Site, including those displaying the content of the Member.

14.2  The Company can not be held responsible for the content of the websites that do not belong to it, even if in any case, the Site made a hypertext link to this site.


Article 15. Termination and suspension - Unsubscription

15.1  The Member may terminate his subscription to the Service free of charge and at any time for no reason. To unsubscribe, the Member must log in to his account, then go to the page "Modify your profile and preferences" in the tab "My account", then click on the link "Unsubscribe" which is in gray at the bottom of page. The Member agrees to follow the procedure indicated by the Site. For security reasons, the Member will receive an email that will allow him to confirm his unsubscription. If the Member confirms his unsubscription, all Member Content will be deleted in his private area, and his direct contacts will no longer be able to access his Shared Content. In addition, the Member will no longer be able to log in to his account, the Member will no longer be able to share the content that his contacts have shared with him and his winnings will be lost forever.

15.2  The Company reserves the right to terminate the Member's account at any time or to temporarily prohibit access to its account. The Member unreservedly agrees that the Company may remove or withdraw without notice any Member Content, in its sole discretion, with or without cause. In any case, the Member will not be able to demand damages from the company. If the Company owes money to the Member and the Member has complied with these terms of use, the Member may send his invoice and the Company will pay the Member if the conditions of Article 6 are met.


Article 16. Modification of service or conditions of use

16.1  The Company reserves the right to modify these terms of use at any time. These changes will come into effect as soon as they are posted. The Company will publish the revision date of these general conditions of use at the top of this page. The Member will have to check whether the revision date has been changed each time it connects. The member is deemed to have accepted the changes by continuing to use the Site after the date of the changes. The Member can not claim damages from the Company if the general conditions of use have been modified. The Member is free to terminate his registration free of charge.

16.2  Only the new version will be binding between the parties in the event of litigation regardless of the reason or date of its event.


Article 17. Applicable law - jurisdiction

17.1  In case of dispute, the Company undertakes to make every effort to reach an amicable agreement. Failing agreement, only the courts of Toulon in France will be competent ruling under French law.


Article 18. General provisions

18.1  The Company reserves the right to subcontract or assign to a third party the rights and obligations arising from this agreement.

18.2  The nullity or unenforceability of a clause of these conditions does not imply nullity or unenforceability of all these conditions.


Article 19. Legal Notice

The Service is published by the company CityToo SAS with the capital of 375.000 euros, registered with the RCS of Toulon under the number 512 785 296, domiciled in France, Place Horace Cristol 83000 France, represented by Monsieur Benjamin Loire. The director of the publication of the Service is Monsieur Benjamin Loire. The Company can be contacted by email at support (at) jiwix.com and by phone +33 972 132 756.



 


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Official time at the head office of Jiwix : 21-Aug-2019 03:55:19 (GMT +1)

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