Effective date : 06/05/2014
Web site address : www.emotiplus.com.
Welcome to Emotiplus, this service can be accessed from the following link www.emotiplus.com, This website is edited and hosted by DEVELOPMENT MEDIA 73, located on TFZ – Tanger – Morocco, contact : firstname.lastname@example.org (hereinafter referred to as "the company").
The company has the right to modify, update or improve, the « GTU » any time, which makes them subject to constant evolution. Pour cette raison, The reason why the company la Société invites the user to pay attention to the changes that may occur in the GTU.
2. Main objet and description of the website
The website offers different services that can be accessible to the user throught the Emotiplus application, such as emoticons, sounds, animations. (hereinafter referred to as or separately the « Service(s) »).
This application is integrated on the user's computer desktop in order to set up this features in Skype.
No personal account creation is needed.
Some of the website services can be subject to additional conditions. If so, The user will be informed and will have to accept the terms and conditions before any use.
User should have access to internet and have the adequate material to benefit properly from the website services (computer, etc.).
3. Website content
The company has the right and possibility to modify, any time and without notice, the website content and services, without engaging its responsibility.
4. Intellectual property
The whole website (including its architecture, presentation, content and services) constitutes a protected work under French and international legislation.
The Company respects the intellectual property rights of any third party and is careful not to undermine it. Such a requirement is expected in return from any person in respect of the entire website.
By accessing the Website, the User accesses a content protected by law, including the provisions of the Code of intellectual property. However, the user i) can print / copy / project extracts of the website for personal use and for non-commercial purposes only, ii) has a private, non-collective and non-exclusive right on the content of the website.
Subject to this, any reproduction, distribution or redistribution in whole or in part, of one element of the web site/application by any means whatsoever, without the express consent of the Company is prohibited and constitutes an infringement punishable by the Code of intellectual property.
The trademarks of the publisher's website and its partners, and company names and logos appearing on the website are protected. Total or partial reproduction of these items without express permission of the Company or its assigns, is prohibited and subject to civil and criminal penalties.
5. Databases' protection
The Company points out that under the Code of Intellectual Property, are also prohibited:
6.1. extraction, by permanent or temporary transfer of all or a qualitatively or quantitatively substantial part of the contents of the databases accessible through the website, to another medium by any means or in any other form.
6.2. reuse, by making available to the public all or a qualitatively or quantitatively substantial part of the contents of the bases of whatever form
6.3. extraction or repeted and systematic reuse of parts, qualitatively or quantitatively insubstantial from the content of the database, when these operations clearly exceed normal conditions of use of the database.
As such, the Company cautions that any copies of the materials contained on the website may be made for information only and exclusively for private use. Any other reproduction or use of materials on the website for any other purpose is expressly prohibited.
Hyperlinks redirecting to other sites published by third parties may be inserted within the pages of the website. Using them, the User may have access to sites that are not controlled by the Company.
The Company has no knowledge nor control over the content of these third party sites, or the component links that reference, and can in no way be held responsible for the content or any products or services offered by these third party sites.
The Company authorizes any third party site editor to create hyperlinks to the home page or to specific pages of the website.
When the editor of a third site creates a hyperlink to the home page of the Site or to any of its specific pages link, the URL of the target page must be clearly indicated. This should not i) create any confusion in the mind of the user as to the ownership of the site, ii) misrepresent the content of the website or iii) must clearly indicate that the user is directed towards the website.
"mirroring" of the site, that is to say, an online publication of an exact copy of the site to another URL, is prohibited.
7. Personal Data
1. The liabilities of the Company
No personal data will be collected without informing the user, will be used for purposes other than those listed below, or will be transferred to third parties without the users' consent or without notifiying users.
2. The collection of personal data
The user can view certain pages of the website without having to provide personal data.
However, the Company may be required to collect the IP address of the user. If User does not agree to provide this information, the company asks him to renounce any use of the Services on the webite that require such an agreement.
No personal data is indeed collected without the consent of the user. This information is requested of it to the extent that they are necessary for the use of certain Services on the website.
3. Conservation, security and access to information
Personal data about the user may be retained and used for a period not to exceed the length required for the purpose of collection.
The Company undertakes to take all necessary precautions to safeguard the confidentiality and integrity of data, make sure they are not bent, damaged or destroyed and prevent disclosure to unauthorized third parties.
The User has a right of access to personal data, provided that they can prove their identity, shows the information requested to be accessed or wishes to change subject that the request is reasonable and justified.
4. The security and confidentiality of personal data
The Company considers the personal data of the User as confidential and shall endeavor to take all reasonable technical measures to prevent and prevent any loss, misuse or disclosure of their data to unauthorized parties during operation or storage.
However, despite these measures, the Internet remains open and the Company can not guarantee to the user that unauthorized parties can not divert the measures of protection in order to use its personal data for improper purposes.
5. The transfer of personal data
The personal data provided by the User to the Company are intended. Subject to his express acceptance, they can be transferred to its trading partners, which may be required to send him various information as well as offers of their products or services.
In very exceptional circumstances, the Company may legally have to communicate personal data of the user, especially when such information is necessary for the identification, apprehension and prosecution of any individual likely to harm, intentionally or not, the rights of others and / or official regulations.
6. The transfer abroad of personal data
The Company undertakes not to transfer any personal data without the prior consent of the User and the respect of the law applicable to such transfers.
7. Anonymous data
Cookies are small files placed temporarily in the computer memory (session cookie) User, or permanently stored on your hard drive (stored cookie or "persistent"), by a web page server, whose main function is to facilitate web browsing. For its part, the Company uses session cookies that expire when the user closes the browser.
Cookies can not run programs or deliver viruses to the computer of the user. They are assigned uniquely and can only be read by a web server in the domain that sent them.
One of their main goals is to save time for the user, indicating the web server to consult again a specific page of the Site.
Cookies are used to extract the information that the user has previously provided, saving preferences and browsing habits, which improves the quality of the Site. In addition, advertisers on the Site may optimize their advertising campaigns based on the latest research that the user has completed.
The cookies on the Site may be i) related to transactions for targeted advertising and iii) cookies audience measurement.
The User can configure its browser to the warning each time a cookie is present, allowing him well, case by case, to accept or refuse. The refusal may, however, affect browsing the Site or access to the Services.
No correlation was established between the aforementioned cookies and personal data that could be collected by the Company.
The Company may also, when the user accesses the site and use its services, collect information about its operating system, the type and language of its browser, his access time, the date, time and at the request of his research, or the addresses of the sites that the user visits.
No correlation was established between this information and personal data that could be collected by the Company. 7.3. Links to other sites
As announced in VIII of these "Terms", the Website may contain hypertext links to sites that are not controlled by the Company. The latter having no knowledge or control of any of those sites, no responsibility can be attributed due to their policies or practices to protect personal data.
If the user chooses to access these sites from links accessible from the Site, the Company urges him to identify, before using their services, their regulation on personal data.
7.4. User rights
The user has permanent rights to information, to oppose, access, rectify or delete any personal data concerning him. The user may require that its data, exploited, processed or disseminated by the Company, be rectified, completed, clarified, updated, blocked or erased if it is inaccurate, incomplete, misleading or outdated.
The user may request the cancellation of the email address of the mailing list by clicking on the inserted bottom of each email that might be addressed link.
In order to exercise the above rights, the user can also send an email to the processing of personal data to the address on the I.
7.5. The controller of personal data
The personal data of the user are stored in a database on the servers of the company that is responsible for their treatment.
7.6. Contact the Society for more
For questions concerning the protection of personal data, the user may at any time send an email to the processing of the data to the address on the I.
As part of the services offered on the Website, the Company strives to use all the means in place to collect and publish accurate information subject to regular updates. However, the Company can not give any assurance that the information or results obtained from the website will be error or omissions free.
No responsibility can be attributed to the Company i) for damage caused by a malfunction of the website, particularly related to its incompatibility with the technical characteristics of the equipment of the User, who may possibly be due to the technical environment used, such as computers, software, network equipment or any other equipment required to install or use the website, and ii) for any damage, direct or indirect, arising from use of the website, particularly following the choices made by the user.
The user is therefore strongly encouraged before any decision resulting from information published on the website, to carry out further checks directly querying services or businesses affected by this information. The User will indeed be solely responsible for any decision taken on the basis of information contained in the website and the consequences that will result.
Similarly, the Company may not be held liable for any damages, whether direct or indirect, including due to a failure, malfunction, interruption, unavailability, suspension, denial of access or a brownout total or the website.
No liability is attributable to the Company when the cause of the malfunction is related to disruption of the Internet.
In addition, within the limits granted by any applicable legislation in force, any liability of the Company may not be held due to third parties, such as its service providers or users, for content provided or posted by them and accessible via the website.
Finally, the data provided by the Company through the website may rely on external information flows. The Company shall not be liable for any errors per se in the retransmission of these flows, its obligation in this regard is an obligation of means.
9. Access to the site
The Company will implement the means to provide continuous access to its users, round the clock, 7 out of 7 days .
However, access to the website may be suspended at any time without notice, in case of force majeure or events beyond the control of the Company, any faults, failures or paralysis of network, system or means of communication, of maintenance or corrections necessitated by the update and the proper functioning of the website.
The user agrees not to interfere with or access to the website or its operation in any manner.
It is reminded that access or remain fraudulently in a computer system, to hinder or distort the functioning of such a system, to introduce or modify fraudulently the data in a computer system, is subject to criminal sanctions.
10. Force majeure
The responsibility of the Company may not be engaged in case of force majeure or events outside its control or control.
11. Evolution of this contract
These "Terms" is a contract between the Company and each user of the Site. That contract begins on the date of first use of the website by the User.
The Company reserves the right i) to change the terms, conditions and these "Terms" and ii) to modify, suspend or discontinue the website at any time.
The user is encouraged to regularly check the latest amended version of the "Terms" available through the website.
12. Governing Law
These "Terms" and the relationship between the Company and the User of the Website are subject to French law.
Any difficulty relating to the interpretation, performance or termination of the said "Terms" under the exclusive jurisdiction of the courts of Paris, so that the parties specifically reserved jurisdiction.