CONTENTS OF THE SITE & RESPECT OF PERSONAL AND PROPERTY RIGHTS
As USER of the service and goods, you are fully responsible for the content of your virtual greeting card, which should comply with the following provisions and restrictions, even if access to these provisions and restrictions is limited, protected or restricted. You agree not to diffuse any message or information regardless of its form or nature which might be considered in any way:
- harmful to the public order or the good morals adhering thereto,
- injurious to a person’s or persons’ character, defamatory, racist, xenophobic, libelous or in any way offensive to third parties,
- an incitement to discriminate, hate another person or group of persons for reasons of their ethnic, religious or geographic origins,
- threatening to a person or group of persons,
- of pornographic or pedophiliac nature. All sites of pornographic nature are banned from the use of the service in any way, and in the case of an attempt by such sites to advertise through this service by use of publicity or banner, will be excluded without advance notice and subject to liability.
- to incite an illegal offense, a crime or act of terrorism,
- to incite or express an apology for or excuse of an illegal offense, crime or terrorist act against humanity,
- to incite suicide,
- to allow third parties to procure directly or indirectly pirated software, serial numbers of pirated software, software that enables acts of software piracy or illegal intrusion into private systems of information technology, viruses and other clandestine destructive software, and in general, any and all software that infringes upon the due expression of the rights of others and the security of persons and goods.
The USER agrees to respect the rights of others, notably:
- personal rights,
- the rights of the trademark,
- the rights of the authors, particularly those of all artistic and literary property (software, images, photographs, texts and animations) as well as the rights of entities legally associated to author.
- in general, the rights of persons and goods.
The USER agrees to respect the image and reputation of Kisseo and Kisseo.com and to not make any libelous attack against Kisseo or Kisseo.com.
COST OF USING THE SERVICE
The dispatch and delivery of a virtual greeting card to an email address is a free service. The dispatch and delivery of an MMS to a mobile telephone, insofar as it requires the intervention of a mobile network operator, among other things, could require prior activation by service network vendor or provider. The cost of the communication is indicated at the time of navigation, just before the dispatch of the message is validated. The recipient of the Kisseocard assumes no charge for this service.
INTELLECTUAL PROPERTY AND RIGHTS OF THE AUTHOR
For all the data protected by a right of intellectual ownership (such as trade-mark law, royalty, right of associate), the USER must obtain the preliminary authorizations from the rights holders under the legal conditions before reproducing, representing, or communicating with the third parties.
Thus, each USER guarantees the she/he is a exclusive titleholder of the intellectual rights of ownership (such as royalty, right of association, trade-mark law) and generally all rights related with his personal pages (such as the right of the personality) that will allow any exploitation on and through the Internet, all the while cognizant that the data on Internet may be disseminated, reproduced and represented by other users of the Internet.
The brands Kisseo, SAS W, Dromedaire, Dromacards and Kisseocards are the exclusive property of the group SAS W.
The graphs, images, virtual greeting cards found on kisseo.com are the exclusive property of the group SAS W. It is strictly forbidden to use or reproduce these properties except as stipulated by the USER agreement and conditions of use of Kisseo services, where SAS W concedes a license of non-exclusive use of the product.
LIABILITY OF RESPONSABILITY
The USER takes responsibility of the validity of the email addresses and mobile telephone numbers of the recipient of a virtual greeting card/MMS.
As pertaining to the dispatch of MMS greeting cards to mobile telephones, the sender assumes the responsibility of ensuring beforehand that her/his recipient has observed and adhered to the terms of agreement of MMS (Multimedia Messaging Service) as stipulated by her/his operator or the manufacturer of her/his mobile telephone. In the case that the terms in question are not observed, SAS W will not be held responsible.
Kisseo strives to be a general public service accessible to all. Nevertheless, parents and guardians of minors are advised to use discretion on minors’ activity on the Internet. In their capacity as legal guardian, it is their responsibility to determine which service is or is not suitable for their child and to supervise this activity.
CODE OF USER CONDUCT
The USER agrees to respect the rules put into force on the Internet, particularly the “net-etiquette” and the codes of ethics pertaining thereto. These rules and code of ethics are accessible on the Internet, and it is assumed that the USER is aware of them at any moment, and therefore, any violation of these rules by the USER can result in her/his expulsion from the site and its services.
SAS W makes every attempt to maintain USER accessibility to its sites kisseo.com and dromadaire.com seven days a week, twenty-four hours a day, but is under no obligation to adhere. SAS W reserves the right to interrupt access, particularly when updating and standard maintenance. SAS W is not responsible for any interruption or any resulting consequence that could be harmful to the USER or third party.
SAS W is not responsible for any damage caused to the USER or third party on account of services offered by Kisseo or through its site kisseo.com.
SAS W reserves the right to suspend or cancel at any moment without advance notice any of its services.
RELIABILITY AND SECURITY
The USER declares and guarantees that she/he fully understands the characteristics and limitations of the Internet, and in particular, the fact that transferring data and information on the Internet is only partially reliable due to heterogeneous networks, each with varying technical capabilities, which can ultimately interrupt access to this information.
The USER recognizes that SAS W is not the only intervener in the dispatching process of the greeting card, which transits through networks of mobile telephone servers and providers. Therefore, SAS W takes no responsibility for the interruption, cancellation, delay or non-execution of the dispatch or delivery of a virtual greeting card via MMS (Multimedia Messaging Service). Furthermore, sending the virtual greeting card to a recipient’s email address is a simple, cost-free and secure alternative to MMS, as this process does not transit through mobile telephone networks.
DATA PROCESSING AND USER PRIVACY
Barring any disagreement from the USER, SAS W may send information about the site, kisseo.com, its subsidiaries or promotional offers. In conformity with law stipulating the dissemination of information, the USER reserves the right to deny, access, modify, rectify and/or delete data or information that directly concern her/him. The USER can exercise this right by interrupting her/his account or by expressing written consent to the following address: SAS W, 86 bis rue de la République, 92800 Puteaux, France.
All parties agree that Kisseo may modify or terminate its services and terms of the present agreement from time to time, for any reason, and without notice, including the right to terminate with or without notice, without liability to you, any other USER or any third party. Any modification is presented on the site www.kisseo.com and the expressed responsibility to be aware of these modifications rests solely on the USER.
SAS W – 86 bis rue de la République 92800 Puteaux
SIRET 420 123 887 000 10
Telephone : +33 (0) 1 49 67 05 05
Fax : +33 (0) 1 49 67 05 09