Terms of Use
CLOZIZ.COM - Terms of Use of the CLOZIZ’ online Services
Définitions :
User: person or entity with access to Services as contents contributor and/or with a personal Account.
Visitors: person or entity with access to Services for exclusive consultation provided by CLOZIZ.
Service(s): all the on line applications, including, but not limited to, communications, games, e-commerce, lodging of data and information, search tools, access to data and recovery of it, access to a communication network for Visitors and / or Users.
CLOZIZ: company editor of Services.
Identifier/Login: term that represents in general any confidential code or password allowing the User to identify and connect himself to Services.
Online Registration: demand of registration to Services performed by a distant and accessible server from the standard network HTTP.
Registration Server: server for the public use who wishes to register electronically to the Services. It allows the Users to obtain an immediate connection Identifiers to Services.
cloziz.com: homepage including and/or referring to all Services pursuant to present terms.
Account: the Account is the element characterizing the User by an Identifier and a password.
Article 1: Scope of Term of Use
Any person with access to Services provided by CLOZIZ agree to respect the present Term of Use without limitation, which may be completed for particular services with a prior notice to Users for acceptance before access to Services.
CLOZIZ reserves the rights to modify these Terms of Use from time to time. Accordingly, any User and Visitor refer to the sole online version which will be automatically updated and available constantly on the date of consultation at the following address: http://www.cloziz.com/static/CGU/
The updated version of the Terms of Use appearing on line at cloziz.com shall prevail. The access to Services being “open”, any Visitor is solely and irrevocably responsible for checking the Terms of Use at the following address: http://www.cloziz.com/static/CGU/
Article 2: Description of Service
2.1.
CLOZIZ manages and provides an interactive platform for its Users, including, but not limited to, editorial contents, games and contests, a personal Account, a service of online chat, a service of meetings, a service of personal online diaries, a service of emails.
2.2 The User acknowledges and agrees that CLOZIZ shall not bear any responsibility for any creation, suspension, misdelivery or failure to store any electronic data or personal settings of Users, who shall remain solely responsible of such electronic data or settings.
The access, consultation, use, creation and storage of electronic contents are made possible to date by the Web, the cell phone and connecting devices of any nature whatsoever.
The present scope of the Term of Use is to set the requirements and the terms of use within which the platform is provided by CLOZIZ to its Users, and to set the requirements and the term of use of the Services within which the User may use and access to the platform. CLOZIZ directly or indirectly ensures the lodging of Services, but shall bear no responsibility for any content or its use by Users.
The User acknowledges being solely responsible for the use of the Services.
CLOZIZ does not explicitly or implicitly guarantee, including, but not limited to, the quality or compatibility of Services to a particular use and the non-violation of Terms of Use by Users.
Any content downloaded by Users or obtained by any other method when using the Service remains the sole responsibility of the User. The User is solely responsible for any damage undertaken by his computer or any omission of data when downloading this content or consulting the Services.
Any oral or written suggestion and information, obtained by the Users or during the use of Services, or by any other means and which is not explicitly expressed in the present contract does not create guarantees.
The Services are accessible 24 hours to 7, except the circumstances or events out of CLOZIZ’s control and the maintenance periods or possible breakdowns.
The rates of transfer and the response times of information circulating from CLOZIZ’s platform towards internet are not guaranteed by CLOZIZ as the information’s circulation speed is not related to the service provided by CLOZIZ, but remains the inner features of the online networks related to the absorption technology.
Article 3: Access and Registration to Services
3.1.In order to access to Services, the User should possess the following tools and equipment:
333 MHz Processor minimum
64 MB RAM minimum
Monitor, 800 ×600 pixels display resolution
Internet navigator: W3C standard
A modem of 56 kbit/s
An operating system: on PC Windows XP or advanced or GNU/Linux (all versions); on Macintosh: Mac OS X or advanced.
For some of the Services, the User needs to subscribe a cell phone service to be able to send and receive SMS.
The equipments (computer, telephone, software, electronic communication tools, etc.) permitting the access to the Service are under the sole and exclusive responsibility of Users as well as the electronic communication fees arising from the use of Services.
3.2During the registration process, the User is strictly responsible for providing a true, accurate, current and complete information about him as required in the Services’ registration form. The User is responsible especially for not creating a false identity making the third party confused. The User is also solely responsible for promptly updating the Registration data.
Before the final confirmation of his Account by CLOZIZ, the User has to validate the registration by cliquing or copying the provisional and personal URL in his navigator received in the email address declared by Users during the registration process.
After validating his Account, the User will receive a second email with a notice regarding the opening of his Account.
If the User provides untrue, inaccurate, not current or incomplete information, CLOZIZ has the right to suspend or terminate his Account immediately and to refuse any and all current or future use of the Services (or any portion thereof).
3.3
Minors are allowed to access to the Services, but shall prior obtain the permission from their parents (or other legal guardians). Their parents shall permit or not the minors to provide the information and email addresses. As the legal guardians, the parents shall be responsible for determining whether any of the consultation (and / or the contribution) to Services is appropriate for their children and to supervise their use of Services. The registration itself implies the Minors have already obtained the prior permission or consent of their guardians.
CLOZIZ reserves the right to demand the written justification at any time and to carry out all verifications, as well as to terminate any minor’s Account when they aren’t submitted immediately or beyond the expiry date. In addition, CLOZIZ will immediately remove any Account on demand made by the parents to terminate the Account and the related contributions.
3.4harged or non-charged rights of access and use of Services are non-exclusive and non-transferable.
The User having an Account is characterized by an Identifier and a password provided by CLOZIZ and is fully responsible for maintaining the confidentiality of these elements and even not disclosing these confidential data. The User needs to immediately notify CLOZIZ of any loss or stealing of his identification elements for CLOZIZ to immediately terminate this Account.
3.5Any connection or data transmission arising from the User’s Account is considered as being sent by the User himself. He is fully responsible for maintaining the confidentiality of his password. Accordingly, the User shall ensure that he effectively exits from his Account at the end of each session.
The User is solely responsible for any loss, misappropriation, or unauthorized use of the Identifier and/or password and their consequences. For any of the facts mentioned above in the text, the User is responsible for immediately notifying CLOZIZ by electronic messages for changing the initial password provided to the User at the registration process.
3.6The Account shall last one hundred and five (105) days from the last use of the Account. Beyond this period of time, the Account will be automatically terminated without any complaint or prosecution being able to be committed. The Account will be redistributed to someone who demands it without possible claim of its former User.
3.7 Personal Data Protection
This article applies only to the CLOZIZ’ services and does not apply to any other web sites as mentioned in article 12 hereafter. This is the reason why CLOZIZ invites the Users to visit the other web sites to know the exact provisions relating to the collection and use of personal data.
CLOZIZ respects the privacy of the Users and conforms strictly to laws in effect relating to their privacy and the individual liberty protection. Particularly in law n°2004-801, dated August 6, 2004 related to the protection of natural persons by the treatments of personal data which indicates that each User has the right to objection, access and modification of the related data. In addition, the User may require the data to be accurate, completed, clarified and current or be deleted as inaccurate, uncompleted, ambiguous, not current, or the collection or use, communication or conversation to be forbidden. Each User can constantly perform these rights on line within the field of "clozinautes"，section "mon cloziz" at the site of cloziz.com.
At the termination of the Account and for the purpose of evidences collection, technical data (non-personal, for example : IP address) concerning the User are confidentially maintained as archives for a fixed period of time determined by CLOZIZ for the duration of prescription of all the civil suits as stipulated in article 2262 of the French Civil code.
3.8 Cookies
CLOZIZ reserves the rights to put cookies in the User’s computer for a better use of the Services. The cookies are the small information files that a web site can send on the hard disc of a personal computer for recovering the trace thereafter. The servers of services provided by CLOZIZ use temporary cookies. A cookie does not permit CLOZIZ to identify the User.
In general, CLOZIZ registers the information related to the navigation of the computer on a site (the consulted pages, the date and the time of the consultation, etc.), allowing CLOZIZ to read it at User’s future visits. The cookies are primarily used to offer a comfortable navigation by automatically recognizing the User and helping him not to be required, at the time of next visit, to fill the form again that CLOZIZ has already made him to do.
The User can keep the cookies inactive or remove them by using the options in his navigator. Each navigator being different, the User is invited to consult the assistance of his navigator to define its parameter suitability. The User is notified that to fully profit from the functions of Services, the activation of the cookies is necessary. The term of preservation of this information in his computer is three months from its placement.
3.9 IP addresses
An IP address is a number that is automatically assigned to the User’s computer when he surfs on the web through his internet service provider (ISP). This address is registered by CLOZIZ when the User consults its site for the information system management and analyzing the use of its site.
During the use of Service, CLOZIZ links the activities of the User to his personal Account.
During the consultation of Services by Users, the IP addresses are not linked to any personal information. The consultations of the User are indeed registered but the User remains anonymous to CLOZIZ.
However, CLOZIZ is entitled to use the User’s IP address in co-operation with the ISP in order to identify the User, if it considers it necessary to make the User respects its Term of Use or to protect its Services, its customers or as required by legal authorities.
3.10 Termination
The User agrees that CLOZIZ has the rights to wholly or partly terminate the access to the Account or password of Users, even to remove the Account and the password, as well as the right to withdraw or move any content in the Service for any reason, especially for the reason of the lack of use, or if CLOZIZ has reasonable grounds to suspect that the User violated or acted in contradiction with this text or the present Term of Use. CLOZIZ can also unilaterally stop providing the Service at any time without paying indemnity. The User agrees that any termination of access to the Services pursuant to the present terms can occur without notice to Users, and accepts that CLOZIZ has the rights to make his Account inactive or remove it, or any document or file in this Account at any time and/or to forbid any future access to these files or to the Service. In addition, the User acknowledges that CLOZIZ will bear no responsibility for any termination of the access to the Service to any of the Users or the third party involved.
Article 4: Users’ Conduct
The User acknowledges and agrees that all information, data, texts, software, music, sound, photographs, graphics, videos, messages or the other materials (hereinafter referred to as the “Content”), whether publicly posted or privately transmitted, are under the sole responsibility of the person from whom such Content is originated. The User, but not CLOZIZ, is entirely and solely responsible for all Content that the User posts, downloads, sends by email or transmits or otherwise makes available via the Service. CLOZIZ does not control the Content transmitted via the Service and, as such, does not guarantee the accuracy, legality or quality of such Content. Under no circumstances will CLOZIZ be liable in any way for any Content, especially the unlawful Content violating the current regulation, any errors or omission in any Content, any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted via emails or otherwise made available via the Service.
The User acknowledges and agrees that the Service and any software used necessarily in connection with the Service contain confidential information that is protected by intellectual property in force and other laws. The User further acknowledges and agrees that the Content contained in sponsor advertisements, information presented to Users through the Service or by advertisers is protected by copyrights, trademarks, patents or any other proprietary right stipulated in applicable laws. Except as expressly authorized by CLOZIZ or advertisers, the User agrees not to modify, rent, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
CLOZIZ grants the User a personal, non-exclusive and non-transferable right and license to use the Services or software on a single compatible terminal (telephone, computer), provided that the User does not (and does not allow any third party to) copy, modify, create a derivative work, reverse the conception, reverse assemble or otherwise attempt to discover any source code (except the circumstance stipulated in laws), sell, assign, sublicense, or otherwise transfer any right in the Services or software.
The User agrees neither to modify the Services or software in any manner or form, nor to use modified versions of the software and Services, including (without limitation) for the purpose of obtaining unauthorized access to the Service. The User agrees not to access the Service by any means other than through the interface that is provided by CLOZIZ in accessing the Service.
In general, the User is not allowed to, including, but not limited to:
download, send, transmit by email, or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, invasive of another's privacy, hateful, or racially, or otherwise objectionable;
harm minors in any way;
transmit any Content that is composed of the incitement of crimes, discriminations, hates, or violence as a result of the race or the nation; defences of Nazism, crimes against humanity or notorious genocides, falsification of news, as same as any Content in purpose of display or sell the objects and/or works that is forbidden; act of impairing the legal authority; the information related to the adoption, lawsuits, suicide of minors, or a personal tax situation; the diffusion of surveys and simulations of vote related to an election or a referendum out of authorized conditions; the defamation and injury; the act of injuring the privacy; or furthermore the act that makes the minors bear the risks, particularly by the manufacturing, the transportation, and the diffusion of violent or pornographic messages, or to gravely impair the human dignity;
attempt to make other Users confused as usurping the name or the social denomination of the others, even a employee or an affiliation of CLOZIZ, a moderator, or a host.
forge headers or otherwise manipulate Identifiers in order to disguise or counterfeit the origin of any Content transmitted through the Service;
download, post, transmit by email or otherwise make available any Content that the User does not have a right to diffuse under any law or legal act (including, but not limited to, the inside information, proprietary, confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
download, post, transmit by email or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
download, post, transmit by email or otherwise make available any unsolicited or unauthorized advertising, or promotional materials, (especially deliver "spam", transmit "junk mail", "chain letters", or any other form of solicitation);
download, post, transmit by email or otherwise make available any Content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any software or computer or telecommunications equipment, including but not limited to the foregoing;
disrupt the normal flow of dialogue, cause a screen to "scroll" faster as a result of that the Users are not able to follow and type their dialogues, or otherwise act in a manner that negatively affects the Users' ability to engage in real time exchanges;
interfere with or disrupt the Service, the servers, the networks connected to the Service, or disobey any requirements, procedures, policies or regulations in force of networks connected to the Service;
harass another or other Users in some ways;
collect or store personal data about other Users.
The User acknowledges and agrees that CLOZIZ can pre-screen the Content before its diffusion, COLZIZ or any of its designees as a person or entity reserve the right (but not the obligation) to refuse, or remove any Content that is available via the Service. Without limiting the foregoing, CLOZIZ or any of its designees as a person or entity shall have the right to remove or withdraw any Content that violates the present terms and/or the regulation in force and/or otherwise objectionable. The User further understands and agrees that he must evaluate, and bear all risks associated with the use of any Content and especially including any reliance on the accuracy, usefulness or completeness of such Content. In this regard, the User acknowledges that he may not rely on any Content neither created by CLOZIZ, nor submitted to CLOZIZ, including information in the pages of looks, comments, blogs or CLOZIZ’s services of communications or in all other parts of the Service.
The User acknowledges and agrees that if CLOZIZ protects the Content, CLOZIZ may need to disclose it if required to do so by law in force or in a good faith belief, CLOZIZ believes that such measure is reasonably necessary to comply with legal process, enforce the Term of Uses, respond to claims that any Content violates the rights of third parties, (protect the rights or the interests of CLOZIZ, its Users or the public.)
Article 5
5.1.CLOZIZ may need to interrupt whole or part of the Service for reason of maintenance without rights to indemnity.
5.2CLOZIZ bears the responsibility as a passive transmitter for the distribution and the transmission of inner and intra-User data. Under no circumstance shall CLOZIZ be held liable for any Content in messages distributed and transmitted. In this regard, without the situations in Article 4 of present contract, it is specified that:
the User is solely responsible for any direct or indirect, material or immaterial injury to himself or to any third party as a result of the use of the Services and may bring a condemnation of indemnities to CLOZIZ for the injury to it.
under no circumstance, CLOZIZ shall be held liable for the lawsuits against the User as a result of the use of Services and any available service via the internet.
the User is solely responsible for the use of its Identifier that CLOZIZ transmits pursuant to the present terms, even if the User pre-registers his Identifier on his computer, his cell phone or any other type of machine that also permit automatic connection to Services. In addition, in case of loss or stealing, the User needs to immediately notify CLOZIZ such information submitted through registered mail for confirmation.
in no case, CLOZIZ shall be held liable for the Services being consulted, data that is consulted, transferred and otherwise make available of any information consulted by the User.
CLOZIZ bears no liability for the misuse of the Service.
5.3 Except for the online Services (commercial, editorial and technical) CLOZIZ does not provide any personal assistance or “hot line”.
Article 6 Electronic messenger (E-mail in a later version of CLOZIZ)
6.1.
The User has an email address. The messages are retained a maximum space of any mailbox for 10 MB and a maximum duration for 3 months. Beyond this period of time, the Accounts shall be automatically logged off. CLOZIZ shall not be held liable for the messages integrity.
6.2 The email is protected by the confidentiality of private correspondences. The User acknowledges and agrees that CLOZIZ does not supervise or editorially control messages sent by the email Service. CLOZIZ shall not be held liable for such inaction. CLOZIZ reserves the right to limit the number and the size of messages or the duration of its storage.
CLOZIZ does not bear any responsibility concerning the deletion or failure to store or to deliver and/or to receive any messages on time.
6.3 The massive sending of emails without request of the recipients is formally prohibited, and causes, in France, an infringement to criminal law. Accordingly, CLOZIZ reserves the right to take any necessary judicial proceedings if such activity constitutes an infringement to criminal law.
The User shall take care and guarantee that his emails do not constitute neither virus or routines, nor scripts or programs likely to cause the damages to people or to their properties.
Article 7 Internet Access Service
7.1.
The present article is subject to define the requirements and Terms of Use of the Internet Access Service. The Internet access to CLOZIZ provides the subscribers with an Access to Internet via the Infrastructure, as well as the other services of the cloziz.com Services.
7.2 Connection
CLOZIZ grants the User the right to connect his equipment, subject to the compatibility to Internet Network. The right granted to the User is private, inalienable and non-transferable. The connection between the User’s equipment and the spot of access Iliad/Dedibox, services provider on behalf of CLOZIZ should be made from a computer or any other equipment helping, by means of a modem, a telephone line or otherwise to establish a TCP/IP connection.
The User is solely responsible for paying any necessary fee for the installation, conformity to, the operation and the maintenance of his equipment. The User is solely responsible for any change in his equipment and bears the risk and costs.
7.3 Free access to Service
CLOZIZ grants the User a free access to Internet, except for the costs of the line between the User’s equipment and the central server of Iliad/Dedibox, service provider of CLOZIZ, which shall be borne by the sole User.
Any various amounts, subscriptions, rents and taxes required by operators for their use shall also be borne by the sole User.
7.4 Maintenance
CLOZIZ reserves the right to suspend its operation for reason of maintenance or updating. The site cloziz.com will give a prior notice, if possible or necessary, to the subscribers about the operation of maintenance or planned updates, and CLOZIZ makes no warranties of indemnity and/or damages for loss of profits of any kind to the subscribers.
However, the User agrees to defend, indemnify and release CLOZIZ, its subsidiaries, affiliates, its suppliers of electronic communication services, independent suppliers or any other co-operator of CLOZIZ, from all complaints, infringements and all fees, including, but not limited to, attorney fees for the breach of his obligations, the transmission of any Content or change of any Content, and to refund CLOZIZ the fees caused by the compensation of the damages.
7.5 The User can terminate his subscription to the Internet Access and, if necessary, all services of Internet Access to CLOZIZ: therefore, it is enough for him not to use the Access anymore, it being précised CLOZIZ will terminate the Account that remains inactive, which means the lack of connection to the Internet Access to CLOZIZ or the site cloziz.com during a period of time currently extended to one hundred and five days (105), from the validation of the registration, or between two connections.
Article 8 : Meeting
8.1
CLOZIZ provides a Service of meeting between people accessible to the Users of the Services. Each User can publish under his full and whole responsibility a card presenting his profile to other Users of the Service (the meeting card) as well as all surfers. To insert the digital contents, the User needs a navigator, terminal mobiles, or another technical process for the entrance of data. The card shall not contain any information incompatible with the public order or social moral principles. However, in view of the volume of information, the control of the Content by CLOZIZ can only be limited. As this regard, CLOZIZ does not guarantee the veracity, integrity, or honesty of such Content. CLOZIZ shall not be liable for the misrepresentations of the Users and disclaims any responsibility for the meet between Users by using the Service. CLOZIZ highly recommends to inform a friend living near by and to choose a public place (school, faculty, bar…)
8.2 By using the Service, the User is not allowed to disclose the information about the personal and precise registration data of himself, other Users or any other person or entity, such as the family name, home address and/or electronic telephone and others in the law of January 6, 1978 modified by the law of August 6, 2004 relating to the computing, files and liberties
8.3 The User is not allowed to, including, but not limited to, change the aim of the Service for propaganda or proselytism, use the Service for the professional or commercial purpose(consumer research, soliciting, prostitution); diffuse any Content that is composed of the invitation to suicide, crimes, discriminations, hates, or violence as a result of the race or the nation, defenses of Nazism, crimes against humanity or notorious genocides, acts of impairing the legal authority, information about the current lawsuits, or the individual tax situation, the diffusion of surveys and simulations of vote related to an election or a referendum out of authorized conditions, the defamation and injury; the act of injuring the privacy; or furthermore the act that makes the minors bear the risks, as same as any Content in purpose of display or sell the objects and/or works that is forbidden, or any other prohibited behaviors as stated under article 4 of the Present Term of Use.
8.4 CLOZIZ reserves the right for a prior control, to modify or to reject if required any photograph and incorrect vulgar description not pursuant to the spirit of the Service or features of the member who has published it.
Accordingly, the photographs and description of profile provided by the User shall be decent and exclusively refer to the User.
8.5 The User is not allowed to diffuse, publish or indicate the Content in any manner that contains the links towards third sites or services.
8.6 However, the User understands that if CLOZIZ is alerted by a third in any manner for the illegality of Content accessible on the Service or transmitted by emails, CLOZIZ, in accordance with the article 6, paragraph 7 of Law nº 2004-575, June 21, 2004 about electronic economy, shall submit the foregoing Contents to the authority in charge on their request to enforce the law.
8.7 In case of a breach of one User to another or others of these rules, CLOZIZ reserves the right to block the/these Account(s) of the User concerned, to automatically remove the litigious messages or Contents, no matter of their nature, to prevent the publication of whole or part of the profile of a User, and/or to block the access to whole or part of the Services, in a temporary or definitive way, without compensation and a legal process likely to be start against the User concerned.
Article 9 : Chat
9.1.
The User can use the chat of cloziz.com. This Service is open to all. The User acknowledges and agrees that these spaces are public and therefore visible by all. Accordingly, the User bears the entire responsibility for the Content that he produces and communicates with others. Under no circumstance shall CLOZIZ be liable for the Content of messages distributed and transmitted.
With respect to the confidentiality of private correspondences, CLOZIZ does not control the content or the features of data provided or transmitted by the User in a private discussion. However, to ensure a good management of the access to the Internet service, CLOZIZ reserves the right to delete any message or prevent any operation of the User likely to disturb the proper performance of his network or Internet or not respecting the rules of performances, ethics and deontology.
It can be made an exception of the rule of confidentiality within the limits authorized by the law, at the request if the public or legal authorities. Accordingly, CLOZIZ reserves the right to refuse a User whose name is considered inappropriate by CLOZIZ. If necessary, CLOZIZ reserves the right to communicate to competent authorities all information it owns by him relating to the connection and the messages exchanged through this dialogue service.
9.2 The User agrees and guarantees that the Content of his messages does not violate in any manner:
the applicable laws and regulations in France, in his country of residence or in the country where the data is received.
does not contain neither virus or routines, nor scripts or programs likely to cause the damages to people or to their properties.
The Users are strictly required to behave courteously. CLOZIZ does not approve or refute any opinion expressed in the chats by the Users. The User is not allowed to, including, but not limited to:
use a incorrect pseudonym,
disrupt the normal flow of dialogue, cause a screen to "scroll" faster as a result of that the Users are not able to follow and type their dialogues, or otherwise act in a manner that negatively affects the Users' ability to engage in real time exchanges,
defame the other Users with the purpose of injury or impairment to bonos mores, to persecute the other Users.
Article 10 : Games and Contests
10.1.
Games and contests proposed by CLOZIZ on its website are hereby defined. Specific conditions may be, if necessary, added in order to complete, precise or replace the present Terms of Use.
Any game rules may contain additional terms completing the related game or contest denouement. CLOZIZ therefore invite Users to refer to these terms prior to any participation.
Participation requirements and winner selection criteria will be precisely defined for any games within its rules, available as of the beginning until the end of the game on the related site.
10.2. Participation to free games with no obligation of purchase is only opened to French resident having access to the Internet, except for those employees of the organizer company and the member of their family.
Free games being with no obligation of purchase, the User could freely ask for reimbursement of its participation in accordance with the related game rules requirements.
CLOZIZ requires Users to the cloziz.com website and any of its Services to be 18 years old or older unless they are accompanied or authorized by a parent or a guardian who is directly supervising them. Their participation to the games implies they are prior authorized by parents or guardian. CLOZIZ is therefore entitled to require any written documentary evidence at any time, to verify and to disqualify any under aged participant unable to justify he has been authorized. In case of disqualification of unauthorized participant, its price or any other reward will be given to person next to it in the ranking.
10.3. Participants to the game and contest organized by CLOZIZ shall connect themselves to CLOZIZ website (http://www.cloziz.com) through a standard browser or by any other means proposed by CLOZIZ and shall conform to the informatics server’s requirements. CLOZIZ is entitled to cancel whole or part of the game or contest in case of fraud of any nature whatsoever, notably of informatics, in case of suspicious behavior of one or more participants (i.e. extraordinary gain, attempt to break the organizer’s server, multiple Accounts…), CLOZIZ will suspend the participation of such participant.
In case the participants are unable on organizers demand to prove they had a proper behavior conform to the present requirements, their participation will be cancelled and organizer may engage law suit against them, cancel their right to gift or stop or cancel the game if needed.
10.4. Within the conditions set up in the related game or contest rules each winner will be personally informed of the modality of the price remittance to be complied with in order to benefit from it. Within the game period, only one price shall be remitted to each household (same name, same address). The price remitted or its nature can not be contested. The price shall be remitted within a time period of three (3) months from the date of the end of the game or contest. CLOZIZ can not be held liable of any delay or any damages relating to the delivery of the prices. Participants hereby authorized CLOZIZ or any affiliated company organizing the game or the contest to published personal destination and eventually any of their pictures.
Participants personal destination should be used to remit the price in compliance with the "Informatique et Libertés" law, as modified by the law n°2004-801, dated august 6, 2004 related to the protection of natural persons by the treatments of personal data which indicates that each User has the rights of objection, access and modification of the related data. In addition, the User can require that the data should be accurate, completed, clarified and current or be deleted as inaccurate, uncompleted, ambiguous, not current, or the collection or the use, the communication or the conversation should be forbidden. Each User can constantly practice these rights on line within the field of "clozinautes"，section "mon cloziz" at the site of cloziz.com.
10.5 CLOZIZ can not be held liable of any dysfunction or technical incident obstructing the game or contest and causing score losses. Any claims regarding the game or the contest should be made by registered mail send to the company within one month starting from the game period opening the claim.
The registered mail has to be sent to the following address
Jeux-Concours
CLOZIZ, chez Ed. Pluvieux.
21, avenue Félix Faure - 75015 PARIS - FRANCE
CLOZIZ has the right to eliminate, definitively or not, any participant obstructing the game in any manner whatsoever. Any late or unreadable demand will be held void. No claim will be taken into Account as from one month after the end of the game or contest.
10.6 Participating to the game implies the participant to hereby fully accept the Terms of Use and the term of any game or contest.
Article 11 : Cloziz' looks and other services such as blogs
The User understand that except for advertising programs offered by CLOZIZ, the Service and the site are available for the User personal, non-commercial use only. The User represents, warrants and agrees that no materials of any kind submitted through its Account or otherwise posted, transmitted, or shared by The User on or through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.
11.1. CLOZIZ offers a publication and digital content services used and created by the User and named CLOZIZ looks. Each User is fully responsible for publishing one or more pages presenting himself to other Users (a blog) and any other website visitors.
The User can also make available to other User or any other website visitors a commentary box. In case the User activates this function, the User agrees to be liable for the remarks infringing the present Terms of Use or any relevant law.
Blogs shall comply with the relevant rules and shall not contain any harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful or racially, ethnically or otherwise objectionable. As the review of the Content by CLOZIZ should be limited in practice considering the volume of information, CLOZIZ does not guarantee the Content and shall be held liable for the false declaration made by the User.
11.2. While using the Service, the User agrees not to upload, post, transmit, share, store or otherwise make publicly available on cloziz.com private information of any third party, including, without limitation, addresses, phone, numbers, email addresses, Social Security numbers and credit card numbers in compliance with the "Loi Informatique et Libertés" dated January 6, 1978 Law as amended on August 6, 2004.
In addition, the User agrees not to use the Service or the website to:
harvest or collect email addresses or other contact information of other Users from the Service or the website by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
use the Service or the website in any unlawful manner or in any other manner that could damage, disable, overburden or impair the website;
use automated scripts to collect information from or otherwise interact with the Service or the website;
upload, post, transmit, share, store or otherwise make available any videos other than those of a personal nature that: (i) are of you or your friends, (ii) are taken by you or your friends, or (iii) are original art or animation created by you or your friends;
register for more than one User Account, register for a User Account on behalf of an individual other than yourself, or register for a User Account on behalf of any group or entity;
impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
intimidate or harass another;
upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, national or international law;
use or attempt to use another's Account, service or system without authorization from the Company, or create a false identity on the Service or the website.
upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of Company, is objectionable or which restricts or inhibits any other person from using or enjoying the website, or which may expose Company or its Users to any harm or liability of any type.
Without limiting any of the foregoing, the User also agrees to abide by any and all relevant rules and regulations, especially those relative to the diffusion of picture of pornographic, pedophilic, obscene or attempting to the human dignity.
11.3. In compliance with article 6, paragraph 7 of the Law N° 2004-575 dated June 21, 2004 named "Loi pour la confiance dans l’économie numérique" CLOZIZ implement a numeric system accessible to everyone and thus offering the User the possibility to be confronted to data relating to the apology of crime against humanity, racial hate incitation or pedophilia, and also to all infringement to the article 24 of the law dated July, 29 1881 named "Loi sur la lilberté de la presse" and to the article 227-23 of the French criminal code.
11.4. The User acknowledges and agrees the right for CLOZIZ to check the website pages content, the looks or CLOZIZ commentary before and during their broadcasting. CLOZIZ has the right to refuse, modify or erase any Content violating the relevant laws, regulations or use. In particular, any picture, video and any information, data or digital file shall be decent and concern the sole User.
The User is expressly informed the Content saved on his CLOZIZ page is under his sole liability. Consequently, the sole Account holder having registered himself will bear the civil and criminal liability of the Content saved on his CLOZIZ page. Considering this, parents should be aware of the use of the CLOZIZ pages made by their under aged children.
The User acknowledges being informed that CLOZIZ may remit the said Content to the relevant authorities which will treat such information consequently and according to the law. Therefore, any website visitor may alert CLOZIZ by cliquing on the here above mentioned and defined link in point 11.3 of the present article.
However, the User understands that if CLOZIZ is alerted by a third in any manner for the illegality of Content accessible on the Service or transmitted by emails, CLOZIZ, in accordance with the article 6, paragraph 7 of Law nº 2004-575, June 21, 2004 about electronic economy, shall submit the foregoing Contents to the authority in charge on their request to enforce the law.
11.5. The User states and acknowledges being entitled to be the owner of all stored contents and that they remain free of any rights. The User is not allowed to save or transfer any rights infringing any intellectual property rights granted to third parties, such as texts, pictures of people or goods, trade secret, internal or confidential information, this list not being exhaustive.
The User has no right to save or transfer pictures disclosing third parties’ private or personal affairs and more generally attempting to their privacy. The User agrees having requested the prior authorization for the use and broadcast of their picture.
For information purposes : The French Code of Intellectual Property states the following : "copies or reproductions reserved strictly for the private use of the copier and not intended for collective use” and that “analyses and short quotations justified by the critical, polemic, educational, scientific or informatory nature of the work in which they are incorporated” (article 122-5). Therefore any infringement to this regulation is illegal pursuant to article 122-4 of the same Code.
Therefore the User shall respect all relevant laws and regulations, and use the Content of which the User is entitled to do so.
11.6. Pursuant to article 323-1 of the French Criminal Code (Ordonnance n° 2000-916 dated September 19, 2000 art. 3 Journal Officiel dated September 26, 2000 and effective as of January 1, 2002) : "fraudulently accessing or remaining within all or part of an automated data processing system is punished by two year's imprisonment and a fine of €30,000", the User has no right to register himself under another connection or another IP address after having being excluded temporary or definitively from the Service.
Article 12 Other websites
CLOZIZ website pages may contain internet link to other websites managed by third parties and being therefore out of the control of CLOZIZ. CLOZIZ shall not be held liable for the Content provided by other websites or for any transmission, download or for any other data transfer from such other websites.
Article 13 : Force majeure
CLOZIZ shall not be held liable or being considered as infringing the present Tems of Use for delay or breach of the present, in case of event which are beyond the control of CLOZIZ or of event of Force Majeure including but not limited to pirates attacks, materials or software deficiencies; and the interruption, the suspension, restriction or electricity malfunction or any other interruption, it being acknowledge the parties to the present have been informed of such delay or default.
Article 14 : Litiges
14.1.
By visiting or using the website and/or the Service, you agree that the laws of France, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between User and CLOZIZ or any of its affiliates. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than the court and tribunal of Paris.
14.2. In case any provision of these Terms of Use or part thereof is rendered void by any legislation to which it is subject or final decision of any court having jurisdiction, these Terms of Use shall be rendered void to that extent and no further, and the remainder of these Terms of Use shall constitute the terms of use for the User and CLOZIZ.
Article 15 : Correspondances
15.1. Information. The User shall notify to CLOZIZ by means of registered mail all modification of its personal data (notably the change of address, of equipment…). CLOZIZ shall not be held liable for any consequences in connection with the lack of notification of such changes.
15.2. Claims. Any claims or contestation made by the User against CLOZIZ shall be in writing and notified by registered mail by to the CLOZIZ address as stated below in article 17 ("Information") within 48 hours from the origin of the troubles. After such term, no claims may be taken onto account.
15.3. Notification. Any notification relating to or arising from the interpretation of the present Terms of Use shall be made in writing and notified by registered mail by to the CLOZIZ address as stated below in article 17 ("Information").
CLOZIZ may proceed to regular updates of the present Terms of Use. Therefore, the Term of Use which are online shall prevail. The User agrees CLOZIZ is entitled to modify its Service by modifying its Term of Use. Considering this, the User may, notwithstanding the stipulation of article 7.5 of the present Term of Use, cancel these Terms of Use or its Account within 30 days from the effective date of the modification. Cancellation shall be notified by registered mail.
These Terms of Use are the only applicable ones and replace all other Terms excepted dispensations. As CLOZIZ can be led to punctually modify certain dispositions of the Term of Use, it is therefore necessary for the User to re-read them
Article 17 : Information
Editor : Mr. Ed. Pluvieux
Company : CLOZIZ SARL with a capital of euros 4.000, having its registered address at 21, avenue Félix Faure - 75015 PARIS
The present Terms of Use shall be governed by and construed in all respects in accordance with the laws of france to the exclusive jurisdiction of whose Courts the parties hereto irrevocable submit.
