Terms & Conditions

This is an automatic translation of the French version with google translate

CONDITIONS OF USE OF THE SERVICE WUIPER

www.wuiper.com

Applicable to 01/09/2008

• 1. Informations
• 2. Subject Website
• 3. SMS Service
• 4. Intellectual Property
• 5. Limitations of liability
• 6. Responsibility of Users
• 7. Privacy
• 8. Password and account management
• 9. Information about Cookies
• 10. Content exchanged
• 11. Duration
• 12. Changes to Terms and Conditions
• 13. Severability
• 14. Applicable law and jurisdiction

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1. Informations

1.Wuiper Inc. (hereinafter "the Owner") of the website www.wuiper.com (Wuiper Inc. c / o Carr & Ferrell 2200 Geng Road Palo Alto, CA USA)
2.
3.Directeur publication: Julien Sornay
Hosting: Cornut
4352 247 225 RCS Saint-Etienne
1 rue Press BP 716 42950 St Etienne Cedex 9
Tel: 04 77 91 21 91 info@cornut.fr
5.Site directed by Wuiper Inc.
The use you make of the Site is governed by the terms and conditions below. By accessing information on the Site, you agree and acknowledge understanding of these terms and conditions.

2. Subject Website

The Website is intended to allow the exchange of content (messages, photos and video) between users WUIP (hereinafter designated "You" or "Users").

The WUIP is a new communication tool that allows users to get in touch with others without having to talk to them directly or have their personal information (name, phone number, email address, ...).

The WUIP comes in the form of a support circle on the front which is inscribed a unique code to at least six alphanumeric characters, his back is made of an adhesive surface to attach to all media. It will be launched by one person (hereinafter the "Issuer") to stick to another person (hereinafter the "Receiver").

The unique code will allow the Issuer to leave a message to the receiver by entering the code on the site, after creating an account, then entering his message.
The receiver in turn may access the message of the Issuer in the same manner by entering the code on the site.
The site then serves as a platform for exchange of content between the transmitter and receiver as specified below.

3. SMS Service

A service message exchange via SMS is also available to users.
The SMS service is provided by the association SMS. Use of this service is governed by the Terms and Conditions of Service of this association, available here: http://www.smsplus.org/pageImport/pdf/cgs200801.pdf

4. Intellectual Property

The site belongs to the Owner in its entirety, and all rights pertaining thereto. Any reproduction, complete or partial, is systematically subject to authorization by the owner.
The format and content of the Site together constitute a work protected by laws on intellectual property, whose owner holds.

4.1 Copyrights
The text, images, designs and layout and the graphic of this site are protected by the law of intellectual property.
It is prohibited to copy, retrieve, distribute or modify the contents of this Website for commercial purposes. The downloading and printing text, images and graphics are authorized for private use only and not commercial. Reproduction of drawings, pictures, sound documents, video sequences and texts in other electronic or printed publications requires the prior written consent of the owner.
The default authorization is sanctioned by the offense of counterfeiting.
Owner authorizes downloading a copy of the information in a temporary storage area for the sole purpose of private consultation, provided that you delete, do not remove, tamper, do not modify the pages or the content, nor change it no copyright, logo or other symbol such as symbols reserve trademark rights or other proprietary rights (copyright symbol © or the ®), Fingerprints or other technical means established for recognition.

4.2 Trademarks and Patents
Trademarks, patents and logos appearing on the Site are trademarks / patents and protected.
Any total or partial reproduction of these trademarks, patents and / or logos, made using parts of the Site without the express permission of the owner constitutes infringement sanctioned by articles L.335-2 et seq, L.713-2 ff and L.615-1 et seq of the Code of Intellectual Property.

4.3 Databases
The database established by the owner are protected by copyright and by the Act of 1 July 1998 transposing into the code of the intellectual property of the European directive of March 11, 1996 on the legal protection of databases data.
Unless written permission of the owner, any reproduction, representation, adaptation, translation and / or modification, or partial or transfer to another site are prohibited and punishable by articles L 343-4 et seq of the Code of Intellectual Property.

5. Limitations of liability

5.1 Hyperlinks
The establishment of a hyperlink to the Site requires the prior written permission of the owner. In any event, the homeowner is in no way responsible for the content and the products or services offered on the sites which the Site is linked by hypertext links or any other type of link.

5.2 Changes
The Owner reserves the right to modify or change at any time and without notice, the contents of the Site and these terms. It can not be held responsible for any consequences of these changes.

5.3 Network Internet
Messages and data you send to the owner via the Internet may be intercepted on the network. Until they reach the homeowner, their confidentiality can not be guaranteed.
The owner can be held liable for any loss or damage to the integrity of data passing through the internet, tampering or unauthorized access to your transmissions or data, components or data sent or received or where to send or receive failed.

5.4 Site Access
The Website is available 24 hours on 24 and 7 days on 7, with the exception of force majeure, computer difficulties, difficulties related to the structure of communication networks or technical difficulties.
For maintenance reasons, the Owner may at any time discontinue the Website and shall not be liable for the unavailability, temporary or permanent.

5.5 Prohibited Content
Users are only publishers of the content exchanged in their messages and take full responsibility. Owner Website hosting provider is that content, as defined in Article 6.I.2 of Law for Confidence in the Digital Economy (LCEN) of June 21, 2004.
Do not conduct a prior restraint, the owner can not be held responsible for any content or conduct of any User that is threatening, defamatory, obscene or illegal, or any infringement of others including the rights of intellectual property.
The owner can not be held responsible for any content contained on the Site or sent from the Website by any third party whatsoever.

5.6 Compliance of computer equipment
The contents of the Site or accessible from the Site are available in the form in which they occur.
The Owner does not guarantee that your computer equipment is adapted to use the site without bug, error or damage.

5.7 Potential Damage
The owner can not be held liable for any direct or indirect resulting from the use of the Site, including any loss of data or damage your computer or your software.

5.8 Games - Contest
All the games you can participate, accessible on the site and proposed by the Owner, are not only subject to these Conditions but also to a specific regulation that is communicated to you when you go to the relevant sections. Games / competitions that you can participate, which are not edited by the owner, accessible via links or via advertisements do not fall into any of the responsibility of the homeowner.

5.9 Force Majeure
The owner can be held liable or deemed to have failed with these Conditions for any delay or failure when the cause of delay or failure was due to force majeure as defined by the decisions of the courts French courts and including termination, suspension, reduction or disruption of electricity or other interruptions or any telecommunications network.

6. Responsibility of Users

Users agree not to use the Site to:
publish, transmit, share, store or otherwise make available any content otherwise contrary to public policy, harmful, threatening, unlawful, defamatory, infringing, improper, abusive, harassing, vulgar, obscene, fraudulent, infringing the privacy and image rights, hateful, inciting violence, racial or ethnic hatred or otherwise objectionable;
create multiple accounts, falsifying their identity or age;
publish, transmit, share, store or otherwise make available any other way any personal data relating to another User or any third party, such as addresses, phone numbers, email addresses, telephone numbers, social security and credit card numbers;
solicit personal information from Users under 18 years or passwords or personal data for commercial or unlawful purposes;
transmit any material that contains software viruses or any computer code, files or programs designed to interrupt, destroy or limit the functionality of software, computer equipment or electronic communications;
intimidate or harass another;
publish, transmit, share, store or otherwise make available any information content that constitutes or encourages criminal acts objectionable or provides instructions on how to commit, which violates the rights of third or is likely to initiate liability of third or violate local laws, national or international.
Users are solely responsible for the content (messages, photos, videos) to incorporate into their communications through the Site, including any content that may be offensive or illegal or might violate the rights of other users or third parties, or still threaten the safety of Users or third parties or undermine them.
Users sharing content on the Site, expressly authorize the Site Owner to create the necessary copies to facilitate the exchange and storage of the content on the Site. By uploading content to all or part of the Site, Users have guaranteed rights to this effect.

7. Privacy

When creating your account on the Site, the homeowner is led to ask the communication of personal data about you to be able to identify and operate the site.
In accordance with Law No. 78-17 of 6 January 1978 relating to data, files and freedoms, the automated processing of personal data carried from the site has been the subject of a statement with the National Commission on Informatics and Liberties (CNIL) under number 1309133
You have at any time the right to oppose, access, modify, rectify and delete data concerning you. To do this, simply send your request by email to contact@wuiper.com.
Pursuant to Article 6, 5 of Law No. 78-17 of 6 January 1978, your personal data are kept in a form that allows your identification for a period not exceeding the time necessary to purposes for which they are collected and processed.
The owner may proceed, upon request of a user, the extraction and transfer of all account data from SMS to the user creates his account on the Site, without this constituting a new treatment of personal data .

8. Password and account management

From the creation of an account by a User on the Site, it is responsible for his password and identifiers so that they remain confidential, and all activities relating to their account.
The owner must be informed immediately of any unauthorized use of any account or other breaches of security.
The creation of an account by a user are linked to him and he has no right to publish his account, his login or password to others or to put at their disposal.
Any publication of his account and password by the user may result in the cancellation of his account.
This cancellation will result in no refund.

9. Information about Cookies

To better serve users, we measure the number of pages viewed, number of visits, and visitor activity on the site, and how often they return. To this end, we use a technology called "cookies", they are issued by the hosting server.
Cookies contain: a unique identifier, generated randomly and the date of last visit.
Moreover, the hosting service also carries out the analysis of site traffic from the operating data connection. IP addresses on consultations are not held beyond 24 hours. The User may refuse cookies or delete them without this having any influence on its site navigation.
Users may object to cookies or be warned before accepting cookies by configuring their computers as follows:
For Microsoft Internet Explorer 6.0:
1. choose the Tools menu, then "Internet Options"
2. click on the Privacy tab
3. select the desired level using the cursor or click on "Advanced" to customize the handling of cookies.
For Mozilla Firefox:
1. choose the Tools menu, then "Options"
2. click on the tab "Cookies"
3. choose the options you want
For Opera 6.O and beyond:
1. choose the menu "File" then "Preferences"
2. "Privacy"

10. Content exchanged

Users are solely responsible for the content of messages they exchange on the Site.
No personal data is only available between users through several relations via WUIP, unless the users decide to exchange data.
Nonetheless, Users are informed that the identity of the persons with whom they communicate on the site is never certain.
It is up to users to be very careful in disclosing their personal data would directly or indirectly identify them during these communications.
Any communication by a user of personal data will be made under his sole responsibility.
After reporting, the Director of the publication may suspend or remove content that would be manifestly unlawful.
The site is designed for private and noncommercial.

11. Duration

These Conditions are concluded for an indefinite period after your acceptance.
In case of disputes or claims relating to the use of the Site, one version of these Terms and Conditions available on the Site shall be binding, whatever the material time.
 

12. Changes to Terms and Conditions

The Owner reserves the right to modify these Terms at any time, date modified as specified in the header thereof.
The use of the service available from the Site results in immediate acceptance by you of the modified Terms.

13. Severability

If any part of these Terms should be illegal, invalid or unenforceable for any reason whatsoever, the word or words in question are declared non-existent and the remaining terms will remain in full force and effect and continue to be applicable . The terms are declared nonexistent replaced by (an) terms as close as for the content of the clause rescinded.

14. Applicable law and jurisdiction

These general conditions are subject to French law.
In case of dispute, the courts of Paris shall have exclusive jurisdiction.