Terms

Terms of Use

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1. Generality

Please read carefully the Terms of Use below. By downloading and using the mobile app « FuzzMe » (« application » below), you declare having read and approved without condition the Terms.

This Terms states your rights and legal obligations as a FuzzMe user. They are available in the « settings » tab in the app, in the section « Terms of Use». You can also consult them on the website http://www.fuzzme.world. If you do not agree with the Terms, do not use the app.

This mobile app is provided by the French corporation FuzzMe. Its head office is located in Rueil Malmaison – France, hereafter named « Fuzzme ». The user can contact the company by email contact@fuzzme.world or by post : FUZZME – BP 20153 – 92153 Suresnes Cedex, FRANCE.

2. Guarantee and responsabilities

The app is proposed as is. FuzzMe apply all possible means to ensure security and proper functionning of the app ; however, it is not guaranteed.

The app is aimed for a fun recreational activity and will not be held responsible for what the user make of it. The user is the only person responsible for what he/she shares through the app : FuzzMe rejects all responsibilities regarding the user’s way to use the app.

Fuzzme use all options possible so that no third-party rights are violated by the app. However, it does not guarantee the user against charges or submissions from a third-party, if it is linked with the user’s own making of the app. If the user considers that the app violates his or her rights, he or she should get in touch with FuzzMe at the contact details aforementioned.

FuzzMe does not guarantee the continuous operating of the app and reserve itself the right to modify, suspend or delete it at any time, without explanations and is free of any damages and compensations. FuzzMe can also make the decision to charge the user for the app. In that case, the user will be noticed prior.

Moreover, FuzzMe declines all responsabilities that includes the user’s making of the app, or by third-parties, and will not be bound to compensate any damage incurred. The user agrees and accepts that all contents is under his/her responsibility and that he/she is fully accountable of any damage caused or harm done to his/her telephonic device and of all data losses.

All costs pertaining to the access of the app such as material fees, software programs or access to the Internet, are exclusively borne to the user, being the lone person in charge of his/her device and its use.

Notwithstanding, the actual clause does not interfere with the user’s wielding of his/her rights, granted by peremptory legal provisions or by the public order.

3. User license

FuzzMe allows the user to download the app on his/her mobile device and to use it for his/her private and personal consumption. This user license is limited, non-exclusive, non-sublicensable and non-transferable. This license is revocable at any moment without FuzzMe having to justify its action and without damages nor compensation.

All intellectual property rights, copyright particularly, on general structure of the app, on texts, images, animated or static, pictures, sounds or other components of the app, remain the exclusive property of FuzzMe or its respective owners, subject to protected content by an intellectual property right, belonging to the Users. (See point 4 below).

Except counter-argument (See « Contents shared by Users » below), the user accepts that FuzzMe is the owner of the larger content of the intellectual property on the app and on all components inside as well – not only texts, animated or static images, icons, logos, pictures, photos, designs, codes, sounds, etc. (« FuzzMe content). The non-authorized use of content owned by FuzzMe is likely to violate the Terms and the intellectual property rights.

The user abstains from making copies or duplicating the app, and/or deliver copies to third-parties. He or she abstains to modify or alter the app, in any way whatsoever. He or she renounces to extract data from the app. He or she also renounces to use the app for professional or commercial means without the writing consent of FuzzMe, otherwise he or she is liable to judicial proceedings, especially for counterfeiting, punished by L. 335-2 (and followings) of the French Intelletual Property Code, subject to the application of the article L. 122-5 of the code mentionned.

All intellectual property rights, especially copyrights, on the website content www.fuzzme.world and its components (logo, graphic chart, content…) can not be used and/or reproduced without authorization.

The name « FuzzMe » is a registered trademark. All use of a similar or identical name to designate or refer to products and/or similar and identical services is forbidden without the authorization of FuzzMe.

4. Contents shared by the Users

The App allows the user to create, share and store content including, but not limited to, photos, texts, animated or non-animated images, pictures, sounds, videos and all other materials. (« User Content » below). The user agrees that his/her User Content may be seen by others. The user is the only person responsible of his/her content. FuzzMe is not responsible of the making of the app by the user or by third-parties, and will not bound to any repairs or compensations, of any kind whatsoever.

Besides, the users also agrees to :

  • Not share comments, images and/or pictures :
    • against public order and good moral standards ;
    • of defamatory, insulting, abusing, racist, xenophobic, revisionist contents, or harming the honor or reputation of others ;
    • incitating racial hatred or violence againt one or several persons because of their origins or their affiliation or non-affiliation to an ethnic group, a nation, a race or a religion ;
    • of pedophile content ;
    • incitating to commit an offence, a crime or an act of terrorism or advocating war crimes or crimes against humanity ;
    • encouraging suicide.
  • Respect individual laws, such as :
    • personality rights, image right in particular ;
    • intellectual and industrial property rights ;
    • individual and property rights.

The User abstains from all acts likely to prevent the App to run properly, or to detract the reputation of FuzzMe.

Although FuzzMe is not obligated to monitor the Users Contents shared on the App, FuzzMe reserve the right to look into, filter, modify or delete any User Content at any time, without having to give any reason or compensation.

The user retains the intellectual property of his/her User Contents. However, by creating, sharing, and storing User Content via the App, the user gives FuzzMe a permanent licence, worldwild, sublicensable and transferable, without licence-fees to host, store, use, post, reproduce, edit, adjust, modify, publish, create by-products from, complete publicly, distribute, promote, display publicly his/her content under any form and in all medias or distribution modes (already known of developed on a later stage). FuzzMe will use this licence in a limited objective in order to exploit, develop, optimise, promote and improve our services.

5. Privacy – Protection of sensitive personal information

In order to ensure the proper functioning of the application, Fuzzme have to keep the phone number(s) and the user’s login(s). Fuzzme deals with the data of the legislatures on the Protection of Privacy, Privacy Statement, notly 78-17 of January 6, 1978, “Informatiques et Libertés”, data processing Application in accordance with the european RGPD rules.

No other personal data, other than those mentioned above, or meta-data will ever be collected by Fuzzme. No personal data will be exploited for commercial purposes or transmitted or resold to third parties.

The contents exchanged (photographs and texts) via the application by the user are deleted from the servers permanently and irreversibly immediately after consultation by the recipient (s). If these contents are not consulted by their recipient(s) then their permanent and irreversible removal of the servers 24h after the time of their sending, that is to say the beginning of their storage by the application.

Only User data – phone number (s) and ID – will be kept to ensure the proper functioning of the application. Fuzzme will use all reasonable means to ensure the confidentiality of this data and not to transmit it to third parties. The User may have access to this information, request rectification if it is incorrect or oppose its future use, by contacting Fuzzme to detail.

 

6. Unsuscribing– suspension – closure of the user’s account

The User can stop using the App or the Service at any time without motive. He or she also can request the closure of the account, via the app : Home / Menu Settings / Unsuscribe.

With the account’s closure, all of the user’s personal data will be immediately and completely deleted.

FuzzMe reserves the right to suspend at any moment, without notice, the access of the App temporarily or definitely to the user who does not respect the clauses related to the User Contents or to intellectual propriety rights.

7. Severability

If some provision of the Terms of Use proves is found unenforceable according to an applicable precept or a definitive judicial decision, then that provision wil be severed from these Terms and not affect the validity and enforceability of any remaining provisions.

8. Applicable law and and competent juridiction

These Terms are subject to French law.

These Terms were written in French and translated in English.

To the extent the parties are permitted under these Terms to initiate litigation in a court, both you and FuzzMe agree that all claims and disputes, including statutory claims and disputes, arising out of or relating to the Terms or the Use will be litigated exclusively in the courts of Paris (France), except if applicable contrary public order or imperative legal dispositions are specified.

Any user living out of France agrees that ligitation made under these Terms are subject to French right and parisian juridiction.

9. Questions and comments

Your questions, comments and even suggestion are of our concerns. Please send feedbacks to contact@fuzzme.world .