(a). any mobile application software published by us under the name “Ziipr” (together the “Application”) hosted on any appstore from time to time available now or in the future (together the “Appstore”); and
(b). any of the services accessible through the Application (including without limitation the instant messenger feature and location feature that are available on the Application), or any of the services accessible through the website published by us under the name “Ziipr” (together the “Website”) including without limitation the blog (the “Blog”) available on the Website (the “Services”), .
1.2 Ziipr is published and operated by W3 Ltd, a limited company, registered in Jersey with registered address at PO Box 544, 14 Britannia Place, Bath Street, St. Helier, Jersey, JE2 4SU, which share capital is 0€ in application of the local rules in Jersey, email: firstname.lastname@example.org, phone number: +33 (0)22.214.171.124.63 (referred to as "we", “us” and “Ziipr”). The publication Director is Jeremie Berton. Hosting is operated by Amazon Web Services, contact at: www.aws.amazon.com.
1.3 We license use of the Application to you on the basis of these Terms and subject to any rules or policies (the “Appstore Rules”) applied by any Appstore. We remain the owners of the Application at all times.
1.4 These Terms will apply to your use of the Application and/or the Services. Please read these Terms carefully and make sure that you understand them, before using the Application and/or the Services or Website. If you refuse to accept these Terms, you will not be able to use the Application.
1.5 You should print a copy of these Terms or save them to your computer for future reference.
1.6 We amend these Terms from time to time. Every time you wish to access to the Application or Services, please check these Terms to ensure you understand the terms which will apply at that time.
Age retsriction and registration to the Application and Services
2.1 The Application is a virtual dating service between adult persons, accessible to registered users via internet and mobile devices.
2.2 The Application and the Services are available to users who are at least 18 years of age. You must not download or use the Application and the Services if you are not at least 18 years old.
2.3 Registration to the App is free of charge. The use of the Services is free, although third parties may decide to charge a fee for accessing their content in whole or in part.
2.4 To register you will need to open an account by providing a valid email address and a password of your choice. Your email address must remain valid as long as your account remains active and it is your responsibility to update it should it no longer be accurate or current. More generally, all personal information communicated to us must always be promptly updated as soon as it stops being true, complete, accurate, or current.
2.5 Your password is confidential and you shall not communicate it to any third-party individual or website. You should immediately contact us should you have reason to believe that your password is being used by an unauthorized third party. You shall be liable for all actions taken with your password as well as for any loss or liability consequential to such use. We may cancel your account without notice in the case of any violation of the Terms of Services.
3.1 These Terms apply to your use of the Application and your use of any of the Services, including any updates or supplements to the Application or any Service, unless they come with separate terms, in which case those terms apply. If any open-source software is included in the Application or any Service, the terms of an open-source licence may override some of the terms of these Terms.
3.2 We may change these Terms at any time by notifying you of a change when you next start the Application. The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of the Application.
3.3 From time to time updates to the Application may be issued through the Appstore. Depending on the update, you may not be able to use the Application until you have downloaded the latest version of the Application and accepted any new terms.
3.4 You will be assumed to have obtained permission from the owners of the mobile telephone or handheld devices that are controlled, but not owned, by you and described in condition 4.2 (the “Devices”) and to download the Application onto the Devices. You and they may be charged by your and their service providers for internet access on the Devices. You accept responsibility in accordance with these Terms for the use of the Application or any Service on or in relation to any Device, whether or not it is owned by you.
3.6 In particular you are reminded that users are able to copy (for example, by taking a screenshot) any Content transferred by you through the Application. It is strongly recommended that when completing your public profile and using the instant messenger feature in the Application that you do not submit any Content that you do not want to be seen, collected or used publicly by other users.
3.7 You are also reminded that information you submit when completing any profile form on the Application will be publicly available to other uses of the Application.
3.9 Certain Services, will make use of location data sent from the Devices. You can turn off this functionality at any time by turning off the location services settings for the Application on the Device. If you use these Services, you consent to us and our affiliates' and licensees' transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based and road traffic-based products and services. You may withdraw this consent at any time by turning off the location services settings on the Device. Some functionality of the Application and some of the Services may not be accessible or operate accurately in the event that you disable geo-location features.
3.10 The Application or any Service may contain links to other independent third-party websites (the “Third-party Sites”). Third-party Sites are not under our control, and we are not responsible for and do not endorse their Content or their privacy policies (if any). You will need to make your own independent judgement regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them.
Grant and scope of licence
4.2 You may download the Application onto Devices and to view, use and display the Application on the Devices for your personal, private and non commercial purposes only. You may not use the Application for commercial purposes including without limitation for soliciting, escorting or prostitution activities.
5.1 Except as expressly set out in these Terms or as permitted by any local law, you agree:
(a) not to copy the Application;
(b) not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Application;
(c) not to make alterations to, or modifications of, the whole or any part of the Application, or permit the Application or any part of it to be combined with, or become incorporated in, any other programs;
(d) not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Application or attempt to do any such thing;
(e) not to provide or otherwise make available the Application in whole or in part (including object and source code), in any form to any person without prior written consent from us; and
(f) to comply with all technology control or export laws and regulations that apply to the technology used or supported by the Application or any Service (the “Technology”), (together the “Licence Restrictions”).
Acceptable use restrictions
6.1 You must:
(a) not use the Application or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Application, any Service or any operating system;
(b) not use the Application to harass, abuse, defame, threaten or defraud other users of the App, or collect, attempt to collect, or store location or personal information about other users of the Application;
(c) not to download and use the Application if you are not at least 18 years or older;
(d) not include obscene, offensive or pornographic materials or materials that are harmful to minors in your personal profile page on the Application;
(e) not post, store, send, transmit, or disseminate any information or material which a reasonable person would find objectionable, defamatory, libellous, offensive, obscene, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically or otherwise offensive to any group or individual, intentionally misleading, false, or otherwise inappropriate, regardless of whether this material or its dissemination is unlawful;
(f) not use the Application for any commercial or non-private use;
(g) not impersonate any person or entity, falsely claim an affiliation with any person or entity;
(h) not infringe our intellectual property rights or those of any third party in relation to your use of the Application or any Service, including the submission of any material (to the extent that such use is not licensed by these Terms);
(i) not use the Application or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
(j) not collect or harvest any information or data from the Application or any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service, (together the “Acceptable Use Restrictions”).
7.1 You hereby represent and warrant that in respect of any content including without limitation any textual content, comment, image or video (together “Content”) uploaded to the Application and/or transmitted to any user via the Application or the Services by you that:
(a) you have the right to publish such Content (whether by virtue of ownership of the intellectual property rights in such Content or as a result of the grant to you of a license to use and publish such Content);
(b) (where the Content is intended to be published on your user profile) the Content is accurate and truthful and the publication of such Content on the Application is not likely to bring our reputation into disrepute;
(c) such Content:
(i) is not illegal in France or in any jurisdiction in which such Content might reasonably be expected to be viewed and does not promote any illegal activity;
(ii) does not promote terrorism or assist any person in committing or procuring the commitment of any act of terrorism;
(iii) does not encourage or promote any political cause or affiliation;
(iv) is not of a violent, offensive or obscene nature;
(v) does not promote racism, bigotry, hatred or physical harm of any kind against any person or group of persons;
(vi) does not contain libellous or otherwise untrue statements about any person (whether living or dead) and does not harass or advocate the harassment of any person;
(vii) does not depict any person less than 18 years of age (whether or not decent or indecent);
(viii) is not likely to cause offence to any viewer of such Content;
(ix) is true and not misleading in all material respects (including without limitation any information and images posted by you relating to your personal statistics, age, occupation and relationship status);
(x) does not promote or relate to any pyramid scheme, contest, lottery, sweepstake, or barter activity, soliciting, escorting or prostitution activities; and
(xi) is not likely to lead a viewer to assume that you are related to, authorised by or otherwise represent us.
7.2 You acknowledge and agree that we may review and approve some or all Content (at our sole and absolute discretion) uploaded to the Application and/or transmitted by you to any other user via the Application or the Services. In case of breach of any of the user’s obligations described herein, we shall be entitled to suspend or definitively remove any Content without notice.
7.3 On the Website, a space for discussion after each Blog article is available to users to enable them to respond to contributions or messages and exchange information on a given topic. Any user can read at any time the comments and public messages of other users and bring its contribution to the discussion. Users are solely responsible for their use of the Blog, their comments and remarks on the Blog and shall respect the rules set forth in these Terms of Service by acting in a manner compatible with the Website and/or the Blog, according to the applicable legislation. All the contributions or messages posted by the users are their exclusive and sole responsibility, and do not undergo any a priori control. A moderator will endeavour to delete a posteriori (i.e. after the message is posted by the user) any communication or content that would not be in relation with the topic, the Website’s editorial, or that would infringe the law after such content has been properly notified to us according to the applicable legislation. The moderator may also delete any posted content that would be obviously defamatory, insulting, obscene, racist or promotional (this list being non limitative).
7.4 Further you acknowledge and agree that we may be required to provide information about the origin of any unlawful Content published and/or the occurrence of any unlawful activity occurring on the Application or on the Services to any police or judicial authority in any country in which such Content has been viewed and is illegal and you hereby irrevocably authorise us to provide such information to such persons (on request or in our discretion) without consulting or informing you.
7.5 If you view any Content on the Application that you believe breaches any of the above restrictions, you undertake and agree to report such Content to us as soon as is reasonably possible.
Whilst we have implemented commercially reasonable technical and organisational measures to secure your personal information and Content from unauthorised use, we cannot guarantee that unauthorised third parties will never be able to defeat those measures. You acknowledge that you provide your personal information and Content at your own risk.
Intellectual property rights
9.1 You acknowledge that all intellectual property rights in the Application, the Services (including the Website and the Blog) and the Technology anywhere in the world belong to us or our licensors, that rights in the Application are licensed (not sold) to you for private and personal use, and that you have no rights in, or to, the Application or the Technology other than the right to use each of them in accordance with the terms of these Terms.
9.2 You acknowledge that you have no right to have access to the Application in source-code form.
9.3 You grant to us a licence to use all intellectual property rights in the Content uploaded to the Application and/or transmitted to any user via the Application by you. Such licence allows us to reproduce, communicate, adapt, translate, digitize, sub-licence any of your Content in all or in part of the Services. You expressly allow us to modify said Content in order to respect the Services corporate identity and style guide. Such licence is worldwide and for the duration of these Terms.
Limitation of liability
10.1 You acknowledge that the Application has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the Application meet your requirements.
10.2 We only supply the Application for domestic and private use. You agree not to use the Application for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
10.3 We are not responsible for your involvement with other users of the Application and We are not responsible for any loss or damage incurred as a result of any such interactions. In particular we are not liable in the event that any person uses any Content transmitted by you through the Application or as a result of any person drawing conclusions with regards to your sexuality or any other matter. You take the initiative to divulge and disseminate, via the Application and the Services, information, data, text, content and images about yourself under your sole responsibility. Consequently, you waive any action or claim against us, notably but without limitation, on grounds of infringement of your image rights, damage to your honour and reputation, violation of your individual privacy, resulting from the diffusion or divulgation of informations about yourself in the conditions set forth in the Terms, considering that you have, priorily, freely and expressly, agreed to such a divulgation by means of your use of the Application and the Services.
10.4 We do not have any obligation to verify the real identity of the users or to monitor or control the Content uploaded by you or other users of the Application including any Content provided by you or a user via the instant messenger feature. We only act as a hosting provider in the fact that we provide storage for signals, words, images, sounds or messages of any kind provided by the users. We are not responsible for the contents posted on the Website and/or the Blog by the users.
10.5 We reserve the right but have no obligation to monitor users’ use of the Application, including a user’s registration or invite a friend attempts as well as users’ use of or access to the location information and profiles of other users.
10.6 We may only be responsible for direct and effective damage you may suffer that is proven to be a result of our breach of these Terms or our negligence. If necessary, we would have to demonstrate that we have committed no fault in the performance of our contractual obligations. We will not be responsible for direct or indirect damage to the user when the user is at the origin or when such damage arise from a force majeure event.
11.1 We may terminate these Terms immediately without notice and we reserve the right to (i) disable any user’s use of or access to the Application, including the location information or profiles of other users, or (ii) terminate any user’s account, without notice :
(a) if you commit a serious breach of these Terms;
(b) if you commit a material or persistent breach of these Terms which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so; or
(c) if you breach any of the Licence Restrictions or the Acceptable Use Restrictions; or
(d) in the event that we decide to discontinue the Application and/or the Services or provision of the Application or a particular Service becomes unlawful.
11.2 Such termination will occur without prejudice to any damages that may be claimed by us to the user or his assigns and legal representatives in reparation for the injuries suffered by us because of such failures.
11.3 On termination for any reason:
(a) all rights granted to you under these Terms shall cease;
(b) you must immediately cease all activities authorised by these Terms, including your use of any Services; and
(c) you must immediately delete or remove the Application from all Devices, and immediately destroy all copies of the Application then in your possession, custody or control and certify to us that you have done so.
11.4 We reserve the right to block any Device used by you to access the Application and/or the Services at our sole discretion. Further we shall have no obligation to unblock a Device where the Device owner claims that any breach of these Terms was by a previous owner or other user of the Device.
11.5 We may change or discontinue provision of the Application at any time without prior notice. The user will be informed by email of the termination of his account. The user’s data will be destroyed at his demand or after the expiry of the legal deadlines from the termination of the user’s account.
Communication between us
12.1 If you wish to contact us in writing, or if any condition in these Terms requires you to give us notice in writing, you can send this to us by e-mail at email@example.com or by prepaid post to W3 Ltd of PO Box 544, 14 Britannia Place, Bath Street, St. Helier, Jersey, JE2 4SU. We will confirm receipt of this by contacting you in writing, normally by e-mail.
12.2 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your request for the Application.
Events outside our control
13.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks (the “Event Outside Our Control”).
13.2 If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms:
(a) our obligations under these Terms will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and
(b) we will use our reasonable endeavours to find a solution by which our obligations under these Terms may be performed despite the Event Outside Our Control.
Other important terms
14.1 These Terms constitute a contract between you and us. No other person shall have any rights to enforce any of its terms.
14.2 We may transfer our rights and obligations under these Terms to another organisation, but this will not affect your rights or our obligations under these Terms.
14.3 You may only transfer your rights or obligations under these Terms to another person if we agree in writing.
14.4 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
14.5 Each of the conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
14.6 Please note that these Terms, its subject matter and its formation, are governed by French law. You and we both agree that the courts of France will have non-exclusive jurisdiction.
14.7 These Terms are deemed to have been agreed to at the earlier of the date that you downloaded the Application or clicked the “Accept” button below.