GTS - Skyrock Music Terms of Service
General Terms of Use for Telefun Online Services
I-Definitions:
GTU: refers to these general terms of use for Telefun Services.
Personal Account or Skyrock Account: refers to the personal data concerning
a User, including, in particular, the User's Identifiers, registration of
which is required to access all the functionalities of Skyrock.com and the
Service(s).
Content(s): refers to the information, data, text, software, music, sounds,
photographs, images, videos, messages or any other items that are liable to
be placed on line by a User and that are accessible by other Users and
Visitors.
STU: refers to the specific terms of use for each of the Telefun Services.
Identifiers: refers to the username and all confidential codes or passwords
chosen by the User or attributed by Telefun that allow Users to identify
themselves in order to access the Service(s).
Registration/Registering: refers to the online registration procedure that
the User must complete on Skyrock.com in order to be able to access the
Service(s). This Registration leads to the creation of the Identifiers and
the User's Personal Account.
Service(s): refers to one or all of the services provided by Telefun and
that are accessible on line from the "Skyrock.com" website or directly from
the website address of the Service concerned and, in particular, the
following addresses:
Skyrock Music is accessible at the following address:
www.skyrock.com/music/
Skyrock.com: refers to the website accessible at www.skyrock.com, which
allows access to the Services that are subject to these GTU.
Telefun: refers to the company that provides the Services and for which the
contact details are provided in Article 8 of these GTU.
User(s): refers to all individuals or legal entities that access the
Service(s) to provide Content and/or that hold a Personal Account.
Visitor: refers to any individual or legal entity that accesses the
Service(s) for consultation purposes.
II- Purpose of the GTU and Version in Force
1 The purpose of these General Terms of Use is to define the conditions
under which Users and Visitors may access and use the Services.
2 All persons and entities that access one of the Services offered by
Telefun undertake to comply, without reservation, with these General Terms
of Use which, for certain Services are completed by Specific Terms. These
Specific Terms will be notified to Users beforehand and need to be accepted
when Registering for the service concerned.
3 Telefun is free to amend these GTU and STU at any time, in particular in
order to take into account any change in the law, case law, editorial
position and/or technical matters. The applicable version is that
accessible on line at the following URL:
http://blog.skyrock.com/public/popup.php?page=cgu&lang=en_GB. The same
applies for the STU that are accessible on line at the address of the
Service concerned. All Users and Visitors are therefore required to refer
to the version of the GTU and STU that is accessible on line on the date of
access by Users and Visitors to any one of the Services whatsoever.
4 Users are expressly informed that the only version of the General Terms
of Use for Telefun online services that is authoritative is the version
found on line at the site skyrock.com, which the User acknowledges and
accepts without restriction, and undertakes to refer to said version
systematically each time the User connects. Said GTU are permanently
available at the following URL:
http://www.skyrock.com/common/footer.php?page=cgu&lang=en_GB
III Registration and Access
1- General Terms of Registration for the Online Services and for Personal
Account Creation
1.a For each online Registration, the User undertakes to provide true,
accurate, up-to-date and complete information on the User's identity and
age, as requested in the registration form for the Services, in accordance
with Article 6-II of French Law no. 2004-575 of 21 June 2004 on trust in
the digital economy. The User undertakes, in particular, not to create a
false identity that is liable to mislead Telefun or third parties and the
User undertakes not to usurp the identity of another legal entity or
individual. The User undertakes to immediately update the data provided at
the time of the User's online Registration, in the event of any change to
such data.
1.b After validation of the GTU and the creation of the Personal Account
(also referred to as the "Skyrock Account"), Users receive an initial e-
mail at their personal address, which confirms their identifiers (username
and password). Users must then validate the Registration by clicking on, or
copying into their navigator, the temporary, personal URL that will be
attributed to them.
Users can then identify themselves and have access to the
administration/management interface for their Content.
Following registration validation Users receive a second e-mail that
confirms the opening of their Personal Account.
1.c In the event that a User provides false, inaccurate, out-of-date,
incomplete, deceitful or misleading information, Telefun may immediately
and without notice or indemnity suspend or terminate the User's Personal
Account and temporarily or permanently refuse the User access to all or
part of the Services.
2- Specific Terms Governing Registration for the Services by Minors
2.a Parents and any other person who exercises parental authority are
reminded that it is their responsibility to determine which Service(s)
their under-age child is authorised to use and to monitor the use of said
Service(s) by the child.
2.b Minors under 12 years of age are not authorised to register. However,
minors over 12 years of age are authorised to register, provided that they
have first obtained from their parents (or the person who exercises
parental authority over them) the authorisation to do so and to provide the
information and e-mail addresses to which all messages for them may be
sent. Registration by children over 12 means that they have obtained this
prior authorisation. Telefun reserves the right to request written
justification thereof at any time, and to carry out all checks, as well as
to delete any Personal Account for which the minor account holder has not
provided said justification immediately or within the timeframe given to
said minor. Telefun shall immediately delete any Personal Account upon
receipt by it of a parental request to close the Personal Account and the
related Contents.
3 Access to the Services and Technical Specifications
3.a Once registered, Users can access the Services that are directly linked
to the Skyrock.com GTU, namely blogs, Profiles and Chat, and edit and
obtain hosting for their Contents, by connecting to Skyrock.com if they
have Internet access via a computer. This registration, which activates the
Skyrock Account, then enables the User to have access to the consultation
of additional services offered by Telefun, namely TropMalin, Ladiz and
SkyrockMessager, it being specified that for interactive use, hereinafter
"administration", the User must first accept the respective STU for these
services.
For access to the Blog Music Service, Users must accept the STU in order to
validate their registration and to be able to administer the Content. The
Blog Music STU are then accessible via the Blog Music homepage.
It is specified that access to the aforementioned Services may be limited
or even impossible depending on the location from which the User connects
to the Services.
3.b - Hardware and Software Required to Access the Services
3.b.1 As of 01/03/07, access to the Services requires the User to have the
following hardware and software:
. Processor: 333 MHz or higher;
. 64 mega octets (Mo) of RAM as a minimum;
. Monitor with resolution of 800x600 pixels;
. W3C-standard Internet navigator;
. 56 kbps modem;
. Operating system: on PC, Windows XP or higher.
These technical specifications are intrinsically liable to change and the
updated technical conditions will be stated in the same GTU and in the STU
concerned.
3.b.2 To access certain Services, Users must also have a mobile telephone
that can send and receive Short Message Service or "SMS" messages. Users
are expressly informed that this condition may be limited or even
impossible depending on the location from which they connect to the
Services.
3.b.3 The equipment (in particular the computer, telephone, software and
electronic means of communication) that enables access to and use of the
Services is the exclusive responsibility of the User, as are the electronic
communications costs (in particular telephone and Internet access costs)
that result from use of the Services. It is the responsibility of the User
to obtain the prices for the use of said equipment or services from the
operators concerned. The User is solely liable for payment of the price for
said equipment and services.
IV Common Operational Factors
1- Users' Obligation Concerning their Identifiers and Personal Account
1.a A User's Personal Account includes, in particular, the User's
Identifiers, which are entrusted to the User by Telefun and placed under
the User's exclusive responsibility. The User undertakes to ensure the
confidentiality of the Identifiers and not to disclose them in any form
whatsoever. If one of the components of a User's Identifier is lost or
stolen, the User must without delay inform Telefun, which shall immediately
cancel and/or update the Identifier concerned.
1.b Solely the User is liable for the use that is made of the User's
Identifiers, even if the User has pre-registered his/her Identifier on
his/her computer, mobile telephone or any other type of equipment that thus
enables automatic connection to the Services.
1.c All access to and use of the Services and transmission of data from a
User's Account shall be deemed to have been performed by the User. Users
are exclusively liable for maintaining the confidentiality of the password
entrusted to them. In this respect, Users are required to ensure, at the
end of each session, that they have effectively disconnected from the
Services, in particular when accessing the Services from a public computer.
1.d All losses, misappropriations or unauthorised uses of a User's
Identifiers and the consequences thereof are the sole responsibility of
said User. In all the cases mentioned above, the User is required to inform
Telefun thereof without delay, by e-mail, specifying the User's family
name, first names, postcode, town, date of birth, telephone number and, if
possible username and old password, at the following address:
technique@skyrock.com, so that Telefun can cancel the username or password
concerned.
1.e The period of validity of a Personal Account is one hundred and five
(105) days as from the last date of access to the Services using said
Personal Account. Upon expiration of said period, and without prejudice to
the provisions of Article IV.2.b, the Account shall be deleted
automatically and the User cannot claim any indemnity on this ground. The
Identifiers may then be allocated to another User who requests them,
without any possibility for the previous User to take action.
2- Term and Termination
2.a The Services are provided by Telefun for an indefinite term.
2.b Users expressly acknowledge that Telefun has the right to terminate
automatically all or part of the Services provided to them, without prior
formal notice, other notice, indemnity or justification.
2.c If a User breaches these GTU, the STU for any one of the Services
whatsoever or, in general, breaches the French laws and regulations in
force, Telefun may automatically terminate all or part of the Services
provided to the User without prior formal notice, other notice or
indemnity. Telefun may proceed with such termination without prejudice to
any damages to which it may be entitled as a result of said breaches or to
any penalties owed to it. The User therefore acknowledges that Telefun has
the option of restricting the User's access to or use of all or part of the
Services, or even of deleting the User's Personal Account, as well as any
Content of which the User is the author, issuer or recipient, with
immediate effect and prohibition on subsequent access to said Contents or
Services.
V- Description of the Services
Telefun provides Users with an interactive platform, which includes, but is
not limited to, hosting and blog services, profiles, chat, the posting of
comments, editorials, information, games and competitions, e-mails, instant
messaging, forums, the possibility of sending SMS, and ring tones and logo
downloads for mobile telephones.
1- Profiles
1.a Telefun provides Users who have already celebrated their 12th birthday
with a hosting and profile personalisation Service. Each User has the
possibility of publishing a profile, under the User's full and exclusive
liability ("Profile") which enables the User to introduce him/herself to
other Service Users and Visitors. Users can, in particular and without this
list being exhaustive, create up to 5 videos of themselves using their
webcam, for which the technical specificities and limits are displayed for
Users on the video capture screen, and a photo album (12 photos maximum).
Users also have an interface to set the sound and video source that enables
them to use the video function fully. It is specified that the video by
webcam function is offered to all Users who have a Profile and/or a Blog.
Contents are inserted using the User's navigator, mobile terminals (where
applicable), or using another technical process for data entry. Users may
authorise comments to be posted on their Profile and allow all Users to do
so or limit comment posting to the persons they have designated as their
Friends (via the Service). Users must obligatorily moderate their comments.
The profile must not contain any information that is contrary to public
order or morality.
Telefun does not guarantee the truthfulness, probity or honesty of this
Content. Telefun may not be held liable for false declarations made by a
User and disclaims all liability in connection with meetings between Users
following use of the Service.
1.b Within the scope of use of the Service, Users are prohibited from
disclosing information that allows other Users or any other individual or
legal entity to be identified precisely by name, such as family name,
postal and/or electronic address and telephone number. Users are also
recommended not to use the Service to disclose information that enables
them to be identified precisely by name.
1.c Telefun reserves the right of prior control and of changing or
rejecting any photo, video or description that is incorrect, vulgar or not
in keeping with the spirit of the Service or that visibly does not
correspond to the characteristics of the User who published the photo,
video or description. Therefore, the photos, videos and description of the
profiles provided by the User must be decent and pertain only to the User.
1.d A unified messaging system allows Users to receive messages from their
Blog and/or Profile. These messages are automatically sent using the
internal message system that is dedicated to Service Users, which is
completely separate from the web mail service. This message service is
reserved for Users of the Service. The User undertakes not to send messages
with Content that does not comply with the rules laid down in Article VI-3
below, even if the Content is sent within the scope of private
correspondence.
1.e Protection tools are available to Users: blocking function ("black
list"), content flagging system, interaction restrictions are implemented
technically between adults and minors.
1.f Users may purchase additional Services, namely:
*- Promote yourself: Users send an SMS or use a web interface to send
text presenting their Blog. The text scrolls down on the Blog and
Profile home pages during a period of time accepted by the User when
the User purchases the Service, for the price in force which is shown
on the Service acceptance page. This Service, which is in a test
phase, may not be accessible to all Users depending on the location
from which they connect to the Service. The price that corresponds to
said use via SMS is made known to the User before payment is made for
the service.
* Voicemail: Users can leave a voicemail to introduce themselves on
their Blog and/or Profile by calling a vocal server for which a fee is
charged. The price that corresponds to said use is made known to Users
before they pay for the Service. Visitors can also respond to them
using the same vocal server. This Service, which is in a test phase,
may not be accessible to all Users depending on the location from
which they connect to the Service.
2- Chat
2.a Users have the possibility of using the skyrock.com Chat facility. This
Service is open to all Users. Therefore, Users are fully responsible for
the Contents they produce and send third parties using the Chat. Telefun
may not, under any circumstances, be held liable for Contents that are
distributed and sent using the Chat. Telefun neither approves nor refutes
the opinions expressed in the Chats by Users.
The Chat Service enables private discussions between Users and public
discussions between all Users by using one of the "Rooms". Users are
informed and acknowledge that this area is public and therefore visible to
all.
As regards private discussions, given the confidentiality from which
private correspondence benefits, Telefun does not exercise any control over
the Content or the characteristics of the data received or transmitted by
the User as part of private discussions. However, to ensure the smooth
management of the Service access system, Telefun reserves the right to
delete any messages and to prevent any operations by Users that are liable
to disturb the smooth running of its network.
Exceptions may be made to this confidentiality rule within the limits
authorised by the law, at the request of the public and/or judicial
authorities. If so ordered, Telefun may provide the authorities with all
the information in its possession concerning the connection and messages
exchanged using this chat Service, as well as identification information
concerning the User.
As regards public discussions, Telefun reserves the right to have a
moderator intervene. Therefore, Users undertake not to express themselves
in a language other than those offered by Telefun for this Service.
2.b Users can, in particular, enter into discussion with other Users by
webcam (the "webcam" function on the Chat service is not a video capture
tool but a basic chat tool for private exchanges between 2 users), have
direct access to the Blog and/or Profile of the User with whom they are
corresponding and have the possibility of carrying out four discussions at
the same time by webcam, it being specified that existing access
restrictions between minors and adults technically block the possibility of
starting a discussion. The interface uses Flash software.
2.c Users guarantee and warrant that the Content of their messages does not
contain any Content that is liable to be contrary to the laws and
regulations in force, in the country from which they access the Service or
in the country where said Contents are intended to be received, and is not
liable to cause harm to a third party or breach the rules laid down by
Article VI-3 below in any way.
Users are prohibited, without the following list being exhaustive:
- from using an incorrect username,
- from disturbing the normal flow of chats, from increasing the scroll
speed of the screen in such a way that Users of the Service find it
impossible to follow and type their chat or take any kind of action that
has a similar disruptive effect on the ability of Users to communicate in
real time,
Telefun reserves the right to temporarily or permanently exclude all Users
who, through their behaviour, are detrimental to the smooth running of the
Chat. In this respect, Telefun reserves the right to take all legal action
deemed necessary if it observes a breach of this provision.
2.d In accordance with Article 323-1 of the French Criminal Code
(Government Order no. 2000-916 of 19 September 2000, Art. 3 of the
French Official Journal of 22 September 2000 in force on 1 January 2002)
which specifies, in particular, "that fraudulently accessing or remaining in all
or part of an automated data processing system is punished by a two-year
prison sentence and a fine of EUR 30,000", Users are prohibited from
returning via another connection or another IP address once they have been
temporarily or definitively excluded from the service.
3- Blog Service
3.a Telefun offers a hosting Service for digital Contents produced by
Users, known as a "Blog". Each User has the possibility of publishing,
under his/her full and exclusive liability, one or more pages (regrouped
under the term blog) that introduce the User to the other Users of the
Service as well as to all Visitors. Users can also, without this list being
exhaustive, write a message to a User from their Blog and/or make a comment
posting tool available to other Users and/or Visitors on each of the
articles they publish. Through the activation of this function, Users
undertake to moderate the comments posted by third parties so that said
comments do not breach these conditions and, what is more, do not breach
the laws and customary practices in force. Finally, Users can post a piece
of Blog Music in read-only format (with no downloading, file sharing, etc)
on a Blog.
Digital Contents are inserted using the User's navigator, mobile terminals
where applicable, or using another technical process for data entry. Blogs
must not contain any information that is contrary to public order or
morality. Therefore, Telefun does not guarantee the truthfulness, probity
or honesty of said Content. Telefun may not be held liable for false
declarations made by a User.
3.b Within the scope of use of the Service, Users are prohibited from
disclosing information that allows other Users or any other individual or
legal entity to be identified by precisely by name, such as family name,
postal and/or electronic address and telephone number. Users are also
recommended not to use the Service to disclose information that enables
them to be identified precisely by name.
3.c In accordance with Article 6 paragraph 7 of French Law no. 2004-575 of
21 June 2004 on trust in the digital economy, Telefun has implemented a
system known as "Report this Blog", which is easily accessible, visible to
all and allows Users of the Service to report to Telefun all data that
defends crimes against humanity, encourages racial hatred or child
pornography, or that encourages violence, violations of human dignity or
the offences listed in the fifth and eighth paragraphs of Article 24 of the
French Law of 29 July 1881 on the freedom of the press, and Articles 227-23
and 227-24 of the French Criminal Code.
3.d Users are expressly informed that the digital Contents associated with
or present in their Blogs are their exclusive responsibility. Therefore,
solely the holder of the Account who filled in the identification form
shall be held liable under French civil and criminal law for the Contents
associated with and presented in his/her blog in the capacity of author and
editor of the Blog. In this respect, parents are requested to monitor the
use made of Blogs by their under-age children. As Users are solely liable
for the Contents associated with and presented in their Blogs, Users
undertake to ensure that the Content of their Blogs does not contain
anything that is liable to be contrary to the laws and regulations in force
in the country from which they access the Service or the country where the
Contents are intended to be received, or that is liable to cause harm to a
third party or that breaches in any way the rules laid down by Article VI-3
below. Moreover, Users hereby acknowledge and accept that Telefun keeps the
Content of hosted Blogs that are made anonymous, for an unlimited term.
3.e Users represent that they own of all the Contents associated with and
presented in their Blogs and that said Contents are free from all rights.
Failing this, Users are deemed to have received authorisation from the
holder of the rights to a Content that they associated with their Blogs.
Users cannot save or send Contents that infringe the intellectual property
rights of other persons, such as and including but not limited to, text,
images of persons or goods, trade secrets, internal or confidential
information.
Users undertake to ensure that each person represented has given their
agreement for the use and dissemination of his/her image.
N.B. As the French Intellectual Property, under paragraphs 2 and 3 of
Article L.122-5, only authorises (i) "copies or reproductions that are
strictly reserved for private use and not intended for group use" and (ii),
subject to stating the name of the author and the source, "analyses and
short quotations that are justified by their critical, polemical,
pedagogical, scientific or informative nature", any integral or partial
representation or reproduction that does not have the consent of the author
or his/her assigns, is unlawful (Art. L.122-4). Any representation or
reproduction, using any means whatsoever, in particular downloading or
printing, will therefore constitute infringement and be punished by
Articles L.335-2 et seq. of the French Intellectual Property Code. Any
breach of these provisions shall render the perpetrator, and all persons
responsible for the breach, liable to the French criminal and civil
penalties provided for by law. As a result thereof, the User's Contents are
protected by the French Intellectual Property Code, business
confidentiality, by the right of the licensors that make the data available
on the Internet, as well as by any other third-party right, hereinafter
jointly referred to as the "Rights".
This requires Users to undertake to comply with the laws and regulations in
force and only to use Contents (text, photos, etc.) for which they hold the
Rights, for which the holder of the Rights has given his/her express
agreement for dissemination, or that are free from all Rights. The User
shall hold Telefun harmless from any and all claims by third parties
against the User due to the breach of their Rights or the behaviour of a
User that breaches applicable legislation.
3.f In accordance with Article 323-1 of the French Criminal Code
(Government Order no. 2000-916 of 19 September 2000, Art. 3 of the French
Official Journal of 22 September 2000 in force on 1 January 2002) which
specifies, in particular, "that fraudulently accessing or remaining in all
or part of an automated data processing system is punished by a one-year
prison sentence and a fine of EUR 15,000", Users are prohibited from
returning via another connection or another IP address once they have been
temporarily or definitively excluded from the service.
4- Games and Competitions
4.a The games and competitions offered by Telefun on the Skyrock.com site
are, in general, defined and regulated hereby. Specific conditions may,
where applicable, be added to complete/specify and/or supplement these
general conditions. The rules for each game may therefore contain
additional terms that regulate, in a complementary manner, the running of
the competition concerned. Telefun therefore requests that Users
specifically consult the rules before entering.
The terms and conditions governing entry and determining the winners shall
be defined precisely for each competition in the applicable game rules,
which are available on the site concerned throughout the duration of the
competition concerned.
4.b Entering competitions is free, carries no obligation to make a purchase
and is open to all persons who reside in Metropolitan France and who have
access to the Internet, with the exception of the personnel of the
organising companies and their families.
As the competitions are free of charge and carry no obligation to make a
purchase, Users may, where applicable, request the reimbursement of their
entry, in accordance with the conditions laid down by the game rules that
correspond to the competition concerned.
Minors may enter competitions, provided that they have first obtained
authorisation to do so from their parents (or the person who exercises
parental authority). Entry by minors implies that they have obtained said
prior authorisation. Telefun reserves the right to request written
justification at any time, and to carry out all checks, and to disqualify
any minor entrants who do not immediately, or in the time allotted to them,
provide such justification. Any disqualification of a minor chosen as a
winner shall lead to the minor's prize being awarded to the entrant ranked
immediately below the disqualified minor in the competition results.
4.c Entrants to Telefun competitions must connect to the Skyrock.com
website (http://www.skyrock.com) via a standard Internet navigator or other
means offered by Skyrock and comply with the instructions given by the IT
server. Telefun may cancel all or part of the game if it appears that fraud
has been committed in any form whatsoever, including IT fraud as part of a
game entry, in the event that suspect behaviour is observed on the part of
one or more players (unusual frequency of winning; attempt to hack the
organisers' servers; multiple accounts) and/or determining the winners;
Telefun shall suspend the entry of the player(s) concerned. If, following a
request by the organisers, the player(s) concerned were not able to prove
that they behaved in compliance with these provisions, said players' entry
shall be cancelled and the organisers shall take action against them. In
this case, Telefun reserves the right not to award prizes to the fraudors
and/or the right to take action against the perpetrator of these frauds
before the appropriate courts. In general, the organising company reserves
the right to shorten, amend or even cancel the competition if the
circumstances so require; the organising company's liability may not be
triggered as a result of this in any way whatsoever. If it is found that
the suspicions were unfounded, the players shall be compensated with the
equivalent value of the first prize.
4.d Each winner shall be informed personally under the conditions laid down
by the game rules for the corresponding competition, of the terms and
conditions governing the presentation of his/her prize with which the
winner must comply in order to receive it. Only one prize will be awarded
per household (same name, same address) for the entire duration of the
competition. The prize awarded shall not give rise to any objection
concerning the nature thereof or the payment of consideration of any kind
whatsoever. Prizes will be dispatched to the winners within a maximum of 3
(three) months as from the date of the end of the competition. Telefun does
not assume any liability with regard to the delivery times for prizes or
the condition thereof upon delivery. Entrants authorise Telefun or the
company that organises the competition on its behalf, if they win, to
publish their details and possibly any photographs of them, without this
granting them any rights other than the presentation of the prizes awarded.
The details of all entrants shall be used in accordance with the provisions
of the French Data Protection Act of 6 January 1978, as amended by the
French Law of 6 August 2004, in order to award the prizes to the winners.
Each entrant is entitled to access, amend or have the information
concerning them deleted, by consulting the page "My Account" on the
Skyrock.com site. The personal data collected following competitions is
used exclusively for sending prizes, unless provided for otherwise in the
rules for the competition concerned.
4.e Telefun disclaims all liability in the event of a breakdown or
exceptional incident that prevents the holding of competitions and that
could cause a loss of points. Any disputes concerning the game should be
notified by registered letter with return receipt to the company, within
one month of the close of the game that gave rise to the dispute.
Said letter should be sent to: Jeux-Concours Telefun 37 bis rue Greneta
75002 Paris. Telefun reserves the right to temporarily or definitively
exclude all entrants who, through their behaviour, hinder the smooth
running of the competition. All illegible or defaced claims or claims made
after the deadline shall be deemed null and void.
4.f Entry to a competition implies unreserved and unrestricted acceptance
of these provisions, and of the rules for the competition concerned. Any
difficulty that arises due to the application or interpretation of said
rules, or that is not provided for thereby, shall be definitively settled
at Telefun's complete discretion or that of its partner.
VI: Legal Aspects
1- Limitation on Liability
1.a Telefun cannot be held liable for any use that is made of the Services
by the Users. In particular, Telefun may under no circumstances be held
liable in respect of the Contents posted, placed on line, sent, received or
transmitted by the Users or that are present on Third Party Sites.
1.b The User acknowledges having been informed of and accepts the fact that
Telefun may not, in any way, be held liable for the creation, amendment,
deletion, failed receipt, issue, transmission or storage of Users' data,
for which Users are solely and exclusively responsible. In the same way,
the User acknowledges that Telefun remains free to change the name of its
online Services at any time, without this constituting an amendment of
these terms and without said change being able to grant entitlement to any
remedy whatsoever by the User.
1.c Telefun does not expressly or implicitly guarantee, including but not
limited to, the continuity of the Services, the performance of the
Services, the permanence of the Services, the compliance or compatibility
of a Service with a specific use, the quality or freedom of the Services
from defects or faults, peaceful enjoyment and compliance with the law and
regulations or these terms of use for the Services by other Users.
1.d All data, in particular all software, downloaded by the User, or
obtained in any other way when using the Service, is downloaded or obtained
at the User's risk and jeopardy. Users are exclusively responsible for any
damage suffered by their computer or any loss of data following the
downloading of said data or the consultation and use of the Services.
1.e No advice and information, whether oral or written, obtained by the
User from Telefun or when using the Services is liable to carry guarantees
that are not expressly provided for in these GTU.
1.f Users acknowledge that they use the Service at their risk and jeopardy.
The Service is provided to them "as is" and is accessible with no guarantee
of availability and regularity. Telefun shall make reasonable efforts to
ensure the Services are accessible 24 hours a day, seven days a week,
except in the event of force majeure or an event beyond Telefun's control
and subject to maintenance periods, any breakdowns and unforeseen technical
incidents linked to the nature of the internet network or malicious acts or
any other attempt made against Telefun's hardware or software.
1.g Telefun may under no circumstances be held liable for the interruption
of a Service, regardless of the cause, duration or frequency of said
interruption.
1.h The transfer rates and the response times for the information that
circulates from the Telefun platform towards the internet are not
guaranteed by Telefun. Users acknowledge that the speed of information
transmission does not depend on the Services offered by Telefun, but on
characteristics that are inherent in electronic communications networks and
the technical characteristics of the Users' connection (RTC, cable, ADSL
etc) and internet access.
1.i Telefun does not provide any personal assistance or a hotline. Users
may, however, send comments on the Services to Telefun using the form
available on line, without this creating any obligation for Telefun to
respond to or process the comments.
2- Protection of Users' Privacy and Personal Data
2.a This article only applies to Telefun Services and does not apply to the
Third Party Sites, as referred to in Article VI.5 below, for which Telefun
asks Users to consult the applicable general and specific conditions in
order to know the conditions concerning the collection and processing of
personal data concerning them.
2.b Telefun respects fundamental freedoms and, in particular, Users' right
of privacy.
2.c Pursuant to French Law no. 78-17 of 6 January 1978, as amended by Law
No. 2004-801 of 6 August 2004 on IT, files and freedoms, each User is
entitled to challenge, access and correct their data. Users may therefore
request that information concerning them is corrected, completed,
clarified, updated or deleted, if such information is inaccurate,
incomplete, equivocal or out of date. Each User may exercise this right on
line at any time on the "My Account" page of the Skyrock.com site.
2.d When a User's Personal Account is closed, regardless of the reason for
closure, the data concerning said Account and in particular the traffic
data, is deleted or made anonymous. However, operations to delete or make
certain categories of data anonymous may be deferred for a maximum of one
year with a view to ensuring the safety of Telefun facilities and for the
purposes of the search for, identification and punishment of criminal
offences, with the sole aim of making information available to the judicial
authority if need be.
2.e For the purposes of Service invoicing and payment, the operations to
delete or make certain categories of data anonymous may be deferred until
the end of the period during which the invoice may be legally challenged or
action taken to obtain payment thereof. Telefun may also use, keep and,
where applicable, transmit certain categories of technical data to third
parties that are directly concerned by invoicing and payment collection.
2.f Telefun may also process data on traffic with a view to marketing its
Services or other services to the User.
2.g Telefun reserves the right, for the smooth running of the use of the
Services, to transmit cookies with a view to them being saved on the User's
computer. Cookies are small IT files that a website can place on the hard
drive of a personal computer in order to subsequently find a trace of
previous visits to the site. The servers used for the services provided by
Telefun use cookies. In general, Telefun records information concerning the
navigation by the computer on the site (the pages consulted, the date and
time of the consultation, etc.) which Telefun may read during subsequent
visits by the User. Cookies are essentially used to provide ease of
navigation by automatically recognising the User, which means that during
subsequent visits the User will not have to fill out the form Telefun has
already asked the User to complete.
2.h Users can deactivate cookies or delete them by using their navigator
options. As each navigator is different, Users are requested to consult the
help section of their navigator in order to choose suitable parameters.
Users are informed that in order to benefit from the full functionalities
of the Services, cookies need to be activated.
2.i An IP address is a unique series of figures that is automatically
assigned by the Internet service provider to the User and the User's
computer, which enables the User to be identified. The User's IP address is
recorded and kept by Telefun when the User consults or uses the Services,
for the management of its IT system and analysis and use of Services by
linking the actions of the User to its Personal Account.
2.j At the request of the judicial authorities, Telefun may disclose the
User's IP address so that the User can be identified with the cooperation
of the User's Internet service provider.
3- User Liability for the Contents and Behaviour Required of the User
3.a Users declare and acknowledge that they are aware that all the
information, data, text, software, music, sounds, photographs, images,
videos, messages or other contents or any other material (hereinabove and
hereinafter jointly referred to as the "Content"), whether brought to the
public's attention or transmitted privately, are the exclusive
responsibility of the person who issued said Content. Users alone, and not
Telefun, are fully liable for the Content they display, download, send or
transmit in any way whatsoever via the Services. Except as otherwise
provided for herein, Telefun does not exercise any control over the Content
transmitted via the Services and therefore does not provide any guarantee
as to the appropriateness, lawfulness, probity or quality of said Content.
In any event, Telefun may under no circumstances be held liable for the
Content, in particular the illegal nature of Content in light of the
regulations in force, errors or omissions in any Content, or any loss or
damage following use of any Content displayed, transmitted by instant
message or processed in any other way using the Services. Telefun also
informs Users of the risks run by them as a result of gaming activities
performed in breach of the law.
3.b Users are prohibited from, without this list being exhaustive,
deviating any of the Services whatsoever from their intended purpose for
propaganda or proselytising, using their Blog, their Profile or their Chat
Content for professional or trade purposes (canvassing, soliciting or
prostitution).
In general, Users undertake to comply with all the laws and regulations in
force concerning the prohibition on the dissemination of pornographic,
paedophile or obscene images or images that are liable to seriously violate
human dignity.
In the same way, Users are prohibited from harassing other Users by
continuing to attempt or succeeding in communicating with any person who
clearly requested that the User concerned cease communicating with them.
Users are responsible for ensuring that their behaviour towards other Users
is legal and complies with all applicable laws.
3.c In general, and without this list being exhaustive, Users are
prohibited from:
- downloading, sending, transmitting, transmitting by instant message,
placing on line, posting by any means, any Content - including the username
and any photos/images or personal video - that is illegal, harmful,
threatening, violent, abusive, that constitutes harassment, or is
defamatory, insulting, obscene, pornographic, threatening or a danger to
the private life of another person or to human dignity, or that is hateful,
racist or otherwise reprehensible;
- posting, transmitting, promoting or facilitating the distribution of any
Content that a reasonable person would deem illegal or objectionable
(threatening, defamatory, vulgar, obscene, hateful, racist, etc.) or using
hateful or vulgar language (even when concealed by symbols or other
characters). A User who does not share an opinion may criticise the point
of view, but not the person who expressed it;
- harming minor Users in any way, in particular through the manufacture,
channelling and sending of violent or pornographic messages or messages
that are liable to seriously violate human dignity;
- denigrating the other Users, making insulting or immoral statements;
- downloading, sending, transmitting, posting or displaying any Content
that could constitute, including but not limited to, suicide provocation,
enticement to commit felonies or misdemeanours, provocation of
discrimination, hatred or violence due to race, ethnicity, religion or
nationality or that defends Nazism, challenges the existence of crimes
against humanity or acknowledged genocide;
- downloading, sending, transmitting, posting or displaying any Content
that could constitute suborning of minors;
- downloading, sending, transmitting, posting or displaying any Content
that could constitute false information, undermine the authority of the
courts or contain information on pending trials, an individual tax
situation or adoption;
- downloading, sending, transmitting, posting or displaying any Content
that is intended to exhibit or sell prohibited objects and/or works;
- disseminating polls and voting simulations concerning an election or
referendum outside authorised conditions;
- attempting to mislead other Users by usurping the name or corporate name
of other persons or entities and, in particular, by pretending to be an
employee, associate, partner or affiliate of Telefun or Skyrock, or any
other company of the Nakama Group of which it is part, a moderator or host;
- pretending to be any person who they are not. Users must not pretend to
be another User, a celebrity, or communicate using a false name, false
capacity or username they are not authorised or empowered to use, or lie
concerning their capacity of adult or minor;
- forging letterheads or manipulating the Identifier in any other way in
order to conceal or forge the origin of the Content transmitted via the
Service;
- downloading, sending, transmitting, posting or displaying any Content
that the User is not entitled to disseminate under the laws and
regulations, or a legal instrument or contract (in particular internal,
privileged or confidential information learned or disclosed within the
scope of an employment contract or confidentiality agreement: this list is
not exhaustive);
- downloading, sending, transmitting, posting or displaying any Content by
any means that breaches any patent, trademark, manufacturing secret,
copyright, intellectual property or any other proprietary right that
belongs to another party;
- downloading, sending, transmitting, posting or displaying, by any means,
any data, information or advertising, whether commercial or not, any
promotional material that was not first requested or authorised by the
recipient(s) thereof and, in particular, spamming, mass mailing, passing on
junk mail, chain letters or any other form of canvassing;
- downloading, sending, transmitting, posting or displaying any Content by
any means that includes but is not limited to IT viruses, or any other
code, or software designed to hinder, forge, interrupt, destroy or limit
the normal operating or functionalities of any software, computer, server,
or electronic communications tool;
- downloading, sending, transmitting, posting or displaying any Content
that includes but is not limited to Trojan Horses, or any other code
designed to intercept or divert data without authorisation, or take
control, interrupt, destroy or limit the normal operating or
functionalities of any software, computer, server, or electronic
communications tool;
- disturbing the normal flow of chats, increasing the scroll speed of the
screen in such a way that Users of the Service find it impossible to follow
and type their chat or take any other action that has a similar disruptive
effect on the ability of Users to communicate in real time;
- disrupting or perturbing the Services, servers, networks connected to the
Services, or refusing to comply with the required conditions, procedures,
general rules or regulatory provisions that are applicable to the networks
connected to the Services;
- downloading, sending, transmitting, posting or displaying any Content by
any means that includes virus, routines, scripts or programs that are
liable to cause harm to persons or their property;
- harassing, persecuting or troubling one or more other Users in any way
whatsoever. This means that Users must not denigrate other people, or make
personal attacks or attacks that are based on race, nationality, ethnic
origin, religion, gender, sexual preference, handicaps or any other
difference;
- collecting and storing personal data concerning other Users or a third
party;
- soliciting the exchange, sale or purchase of pornographic and/or illegal
material, including photographs, films, videos and images, whether
realistic or not: this list is not exhaustive;
- referencing or giving access to sites that are in breach of these
provisions.
3.d In accordance with Article 6. I. paragraph 7 of French Law no. 2004-575 of
21 June 2004 on trust in the digital economy, Telefun has implemented a
system allowing to easily flag inappropriate content, designated by the link
"Report this Blog", which is easily accessible and visible to all, to enable Users
of the Service bring to the attention of Telefun all data that defends crimes
against humanity, encourages racial hatred or child pornography, or that
encourages violence, violations of human dignity or the offences listed in the
fifth and eighth paragraphs of Article 24 of the French Law of 29 July 1881
on the freedom of the press, and Articles227-23 and 227-24 of the French
Criminal Code.
3.e Users also declare and acknowledge that they must show discernment, and
bear all the risks related to the use they make of the Content and in
particular when they trust the appropriateness, usefulness and or complete
nature of said Content. Therefore, the Users acknowledge that they cannot
trust the Content created by Telefun or Content submitted to Telefun that
is available in the Services.
3.f In the event of a breach by a User of one or more of these rules,
Telefun reserves the right to block the Account(s) of the User concerned,
to automatically delete the litigious messages or Contents, regardless of
the nature thereof, to prevent the publication of all or part of the
Profile, the Chat Content or the Blog Content of a User, and/or to block
the User's access to all or part of the Services, either temporarily or
definitively, without consideration or reimbursement and without prejudice
to any remedies that are liable to implemented against the User concerned.
3.g Users are informed that the messages, data and information they can
issue or receive through use of the Service are transmitted on the internet
network. These messages are not protected and can be intercepted or
attempts made to intercept them by unauthorised third parties who may
consult the Content thereof. Therefore, Telefun warns Users that the
disclosure of information such as bank card numbers, addresses, telephone
numbers, email addresses and, in general, any data that is liable to be
sensitive or confidential should be avoided. The same applies when this
disclosure is requested by the person(s) with whom the User chats, even if
the person(s) claim(s) (s)he/they are authorised by Telefun, Skyrock or any
other company. In any event, such disclosure would be at the User's risk
and jeopardy, without any possibility of triggering Telefun's liability. No
Telefun representatives, employees or staff are authorised to request the
following information from a User as part of the use of the Service: the
User's family name, first name, address, credit card number or age.
3.h Solely Users are liable for the harm they may cause to another User or
third party when using the Service.
3.i As consideration for the free nature of the Services offered to Users
by Telefun, Users authorise Telefun to associate advertising or promotional
messages such as text, images, video or sounds chosen by Telefun and that
are in any format, with the Content the User posts on any one of the
Services whatsoever. In general, Users accept that Telefun may use (and
refer to) the Content posted by the User in order to ensure the promotion
of its Services. Users may not, under any circumstances, claim any
remuneration or compensation whatsoever in respect of this authorisation.
If Users wish to withdraw this authorisation, it is up to them to close
their Personal Account. Said withdrawal has no retroactive effect. Any
advertising or promotional action that may have been undertaken by Telefun
when the User closed his/her Personal Account shall continue for the full
planned duration.
3.j As consideration for the use of the Services, Users grant Telefun, free
of charge, a worldwide operating licence, for the distribution on any
electronic communications network, in particular internet, of the Content
it hosts, for as long as the Contents are posted on line by the User.
4- Telefun and Third Party Intellectual Property/Licence to use Graphic or
Sound Items from the Software
4.a Telefun grants the User, on a personal basis, the non-exclusive, non-
assignable right to use the Services and software that may be associated
therewith on a single compatible terminal (telephone or computer), it being
specified that it is forbidden for the User (and that the User may not
grant authorisation to another party) to copy, modify, create a derived
work, reverse design or engineer or in another manner attempt to obtain the
source code for the associated software (with the exception of the cases
provided for by law), sell, grant, sub-license or transfer in any way
whatsoever any right pertaining to the Services or associated software.
4.b Users undertake not to change the Services or associated software in
any way or to use modified versions of the associated software and
Services, in particular, but not limited to, with a view to obtaining
unauthorised access to the Service(s). Users agree not to access the
Service(s) by any means other than the interface provided to them by
Telefun for this purpose.
4.c Users are informed and acknowledge that the Services and any software
used in relation with the Services may contain confidential information or
information that is protected by the intellectual property law in force or
any other law. Users also acknowledge being aware that the content of the
advertisements and information that are presented to them via the Services,
or by advertisers, are protected by copyright, trademark law, patent law
and all other laws recognised by the legislation in force. Users undertake
not to modify, hire, borrow, sell or distribute this content or create
derived works that incorporate all or part of said content, unless they
have been granted Telefun's prior written authorisation.
4.d The Service contains text, images, sounds and videos, which are the
exclusive property of Telefun (the "Intellectual Property Items"). The
Intellectual Property Items are placed at the disposal of the User, free of
charge, solely for the use of the Service and within the scope of normal
use of the Service's functionalities.
4.e This authorisation to use the Intellectual Property Items is personal,
non-exclusive and non-assignable. Telefun may withdraw this authorisation
to use the Intellectual Property Items at any time.
4.f It is forbidden for Users (and Users cannot grant authorisation to
another party) to copy, modify, create a derived work, reverse design or
engineer or in any other way attempt to find the source code (with the
exception of the cases provided for by law), sell, grant, sub-license or
transfer in any other way any right pertaining to the Intellectual Property
Items. Users undertake not to modify the Intellectual Property Items in any
way.
4.g In the event of non-compliant or wrongful use of the Intellectual
Property Items, Telefun reserves the right to use all remedies in law to
cause the infringement of its intellectual property rights to cease.
5- Third Party Sites
The web pages of the Services may contain hypertext links to other websites
that are published by third parties (the "Third Party Sites") over which
Telefun has no control of any kind. Telefun disclaims all liability for the
content of Third Party Sites or the content that may be referenced by the
Third Party Sites. The presence of hypertext links to Third Party Sites
does not mean that Telefun approves the content of the Third Party Sites in
any way. Telefun is not liable for any amendment or updating of Third Party
Sites. Telefun is not liable for the transmission of information from Third
Party Sites, or for the malfunction of said sites. These links to Third
Party Sites are only offered to Users for their convenience. Users and/or
Visitors are exclusively responsible for all transactions concluded with
third parties, including the advertisers shown on the web pages of the
Service, including operations involving the delivery and payment of goods
and services.
6- Force Majeure
Telefun may not be held liable, or deemed to have breached these
conditions, due to any delay or non-performance, where the cause of the
delay or non-performance is linked to an instance of force majeure, as
defined by the case law precedent of the French courts and tribunals,
including, in particular, acts of state, attacks by IT hackers, the
unavailability of hardware, supplies, parts, personal or other equipment
and the interruption, suspension, decrease of or disturbances to
electricity or otherwise or all interruptions of the electronic
communications network.
7- Correspondence
7.a Users are required to inform Telefun of any change concerning their
situation (in particular, change of address, hardware modification, etc.)
Telefun cannot be held liable for the consequences that may be suffered by
Users and/or third parties in the event that a User fails to inform Telefun
of any change whatsoever.
7.b All claims and/or grievances by a User against Telefun must be made in
writing to Telefun at the latest 15 (fifteen) days as from the triggering
event, subject to preclusion.
7.c All notices sent pursuant hereto must be in writing and addressed to
Telefun. Users must take care to retain any return receipts. These notices
shall take effect as from the first business day following receipt by
Telefun of the notice, unless there is a technical impossibility.
8- Legal Information
8.a The website "skyrock.com" is published by Telefun SAS (Société par
Actions Simplifiée), with capital of EUR 37,000, registered with the Paris
Trade and Companies Registry under the number 332 276 880, for which the
registered office is located at 37bis, rue Greneta 75002 Paris.
8.b Publication Editor: Mr Pierre Bellanger, Chair of the Board of
Directors.
8.c Host for the Services: Telefun SAS (Société par Actions Simplifiée),
with capital of EUR 37,000, for which the registered office is located at
37bis, rue Greneta 75002 Paris.
9- Non-Waiver
The fact that Telefun does not act on a default or shortcoming by a User
with regard to any one of the User's contractual or legal obligations may
not be construed as a waiver of the right to act on said default or
shortcoming.
The fact that Telefun does not choose to benefit from a provision of the
General Terms of Use or the Specific Terms of Use does not in any way
entail a waiver of the benefit of said provision.
10 - General Provisions
1 Given the nature of their exchanges and, in particular, the
dematerialization of their relationship, the parties agree that all the IT
records in Telefun's IT system shall, in the event of a dispute, be valid
as proof.
2 These General Terms of Use and the Specific Terms of Use for Telefun's
online services that they complement constitute the entirety of the
agreement between the parties concerning the purpose thereof. They cancel
and supersede all prior or concomitant agreements, communications,
declarations or proposals, whether written or oral, which concern the same
purpose. These General Terms of Use prevail over the STU associated with
each service and any other document exchanged between the Parties, except
in the event of an express derogation that is first accepted and evidenced
by Telefun.
11 Applicable Law
These GTU and STU are governed by French law.
12- Clause Conferring Jurisdiction
THE PARIS TRIBUNAL DE GRANDE INSTANCE (LARGE CLAIMS COURT) HAS EXCLUSIVE
JURISDICTION OVER ALL DISPUTES BETWEEN THE PARTIES CONCERNING, IN
PARTICULAR, THE FORMATION, PERFORMANCE, CONSTRUCTION AND TERMINATION OR
RESCISSION OF THESE GTU AND STU, INCLUDING FOR PROTECTIVE MEASURES, URGENT
PROCEEDINGS, INTERIM PROCEEDINGS, JOINDERS, EX PARTE PROCEEDINGS OR
MULTIPLE RESPONDENTS.