Terms and conditions of use

of the website http://smyler.live

The present site www.smyler.live hereafter “site” is published by the company SMYLER Société par action simplifiée hereafter “publisher”, with a share capital of 1000 euros registered in the Trade and Companies Register of Toulouse under the reference B814182135 whose SIRET number is 814 182 135 00016 and whose head office is located at 1202 l’Occitane 31670 LABEGE, represented by Jean Marc Simeon as President. E-mail address: legal@smyler.fr. Director of publication: Jean Marc Simeon Smyler is the ephemeral social network for each event that offers a digital space dedicated to each event. This online platform is accessible from the web browser of a computer or via the mobile application. When the Live event is created, a unique identifier is created and displayed in the form of a word (chosen by the organizer) and a security key composed of 2 digits (automatically calculated by Smyler). The members of an event can interact, comment and share different content (messages, photos, videos, news, etc.), play with their own polls, predictions & draws and meet each other more easily. Amazon Web Services (AWS), hereinafter referred to as “the Hosting Provider”, is a division of the American e-commerce group amazon.com, dedicated to cloud computing services for businesses and individuals, in the form of Limited Liability Company (LLC), whose registered office is P.O.Box 81226, Seattle, WA 98108-1226, USA, and can be reached at the following telephone number: 01.47.17.64.80.

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You are responsible for your use of the Services, for the Content that you publish on the Services, and for any consequences that may result from it. Content that you submit, post or display may be viewed by other users of the Services. You should only provide Content that you wish to share with others in accordance with these Terms. What you say on Smyler is visible to all event participants worldwide instantly. If you are using the Services on behalf of a business, organization, government or other legal entity, you represent and warrant that you are authorized to do so. You may use the Services only in accordance with these Terms and all applicable local, state, national and international laws, rules and regulations. The Services provided by Smyler are constantly evolving. The form and nature of the Services provided by Smyler may change from time to time without notice. In addition, Smyler may discontinue (permanently or temporarily) providing the Services (or any functionality included in the Services), to you or users generally, without Smyler being able to give you prior notice. Smyler also reserves the right to set limits on use and storage, in our sole discretion, at any time and without notice to you.

3. Privacy

Any information you provide to Smyler is subject to our Privacy Policy, which governs the collection of your login credentials and personal information (last name, first name, profile photo, activity, status, bio, phone, e-mail, city, job, company, school). Smyler respects the Uses of Cookies and other similar technologies in order to optimize your experience, make it faster and more secure. By using our Services, you consent to the collection of this information, including the transfer of this information to France and/or other countries for storage, processing and use by Smyler. This data will be kept for 2 years. They are recorded in Smyler’s customer file, and the file thus created from personal data is declared to the CNIL. In accordance with the provisions of the modified law n° 78-17 of 6 January 1978, relating to information technology, files and liberties, you have the right to access, query, modify and delete information concerning you, to be exercised at any time by contacting the publisher either directly on the site in the “Contact us” section, or by e-mail at the following address: legal@smyler.fr. For security reasons and to avoid any fraudulent request, this request must be accompanied by proof of identity. After the request has been processed, this proof will be destroyed. The information collected may possibly be communicated to third parties linked to the publisher by contract for the execution of sub-contracted tasks necessary for the management of your account and without you having to give your authorization. In the event of a proven infringement of legal or regulatory provisions, this information may be communicated upon the express and motivated request of the legal authorities. When certain information is required to access specific functionalities of the site, the editor will indicate this compulsory nature at the time of data entry. As part of the provision of the Services, we may be required to send you certain communications, such as service announcements and administrative messages. These communications are considered an integral part of the Services and your Smyler account, so it is not certain that you will be able to object to receiving them. However, you may opt-out of receiving most communications from Smyler, including our newsletters, notification emails, etc., if you do not wish to receive them.

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4. The passwords

You are responsible for protecting the password you use to access the Services and for all activities or actions taken after authentication with your password. We encourage you to use strong passwords (passwords consisting of a combination of upper and lower case letters, numbers and special characters) for your account. Smyler will not be liable for any loss or damage of any kind resulting from your failure to comply with the foregoing.

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5. Contents with the Services

All the Contents, whether published or communicated in a public or private capacity, are placed under the sole responsibility of the person at the origin of the communication of these Contents. Smyler is not in a position to monitor or control the Content posted through the Services, and cannot be held liable for such Content. You acknowledge that any use of the Content posted or obtained through the Services is at your own risk. Smyler makes no representation or warranty regarding the completeness, truthfulness, accuracy, or reliability of any Content or information published via the Services. Smyler does not endorse any opinion expressed through the Services. You understand that by using the Services, you may be exposed to Content that could be offensive, harmful, inaccurate or inappropriate or, in some cases, to incorrectly titled or misleading messages. Under no circumstances will Smyler be liable in any manner whatsoever for any loss or damage of any kind incurred as a result of the use of the Content, including, without limitation, any errors or omissions in the Content, whether such Content is posted, emailed, transmitted or otherwise made available via the Services or otherwise disseminated.

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6. Your Rights

You retain your rights to all Content that you submit, post or publish on or through the Services. You retain ownership of your Content and photos. Shared files are part of such Content. You are responsible for your use of the Services, the Content you submit, and all consequences thereof, including the use of your Content by other users and by our third party partners. You agree that your Content may be aggregated, disseminated, distributed or published by other users and by our third party partners. If you do not have the necessary rights to communicate these Contents for such use, you will be held liable. Smyler shall not be liable for the use of your Content by Smyler in accordance with these Terms. You represent and warrant that you have the necessary rights, powers and authorizations to grant the rights granted hereunder over the Content you submit.

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7. Your License to Use the Services

Smyler grants you a personal, free (excluding options) and non-exclusive worldwide license to use the software made available to you by Smyler as part of the Services. The sole purpose of this license is to enable you to use and benefit from the Services provided by Smyler in accordance with these Terms.

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8. Smyler’s rights

All right, title and interest in the Services (excluding Content provided by users) are and remain the exclusive property of Smyler and its licensors. The Services are protected by copyright, trademark and other laws both in France and in foreign countries. Nothing in these Terms gives you a right to use the term Smyler or any of Smyler’s trademarks, logos, domain names and other distinctive signs. As such, all trademarks, photographs, texts, comments, illustrations, images, animated or not, video sequences, sounds, as well as all computer applications that could be used to operate this site and more generally all elements reproduced or used on the site are protected by the laws in force for intellectual property. They are the full and entire property of Smyler or its partners. Any reproduction, representation, use or adaptation, in any form whatsoever, of all or part of these elements, including computer applications, without the prior written consent of the publisher, is strictly prohibited. The fact that the publisher does not initiate proceedings as soon as it becomes aware of these unauthorized uses does not constitute acceptance of the said uses and waiver of prosecution. Any remarks, comments or suggestions that you may submit regarding Smyler or the Services are made freely and spontaneously and we will be free to use such remarks, comments or suggestions as we see fit and without any obligation to you.

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9. Restrictions on Content and use of the Services

Please review the Restrictions Policy (which forms part of these Terms of Use) to better understand what is prohibited when using the Services. We reserve the right, at any time, (but not an obligation) to remove or refuse to distribute Content on the Services, to suspend or terminate user accounts, and to recover user names, without liability to you. We also reserve the right to access, read, retain and disclose any information that we believe is reasonably necessary to : (i) comply with any applicable law or regulation, or any legal process or administrative request, (ii) enforce these Terms, including investigating possible violations of these Terms, (iii) detect, prevent or address fraud, security or technical problems, (iv) respond to user requests for assistance, or (v) protect the interests, property or safety of Smyler, its users and the public. Smyler does not disclose personal information to third parties other than in accordance with its Privacy Policy. Except as permitted by the Services, you are required to use Smyler if you wish to reproduce, modify, create derivative works from, distribute, sell, transfer, publicly display, publicly perform, transmit or otherwise use the Content or the Services. If you use some of the features of the Services that enable you to conduct commercial transactions that require credit or debit card information, such as our Buy feature, you must agree to our Terms and Conditions. By accessing or using the Services, you are not authorized to do any of the following: (i) access, use or tamper with non-public areas of the Services, Smyler’s computer systems or Smyler’s suppliers’ technical delivery systems, (ii) probe, scan or test the vulnerability of any system or network or breach or circumvent security or authentication measures, (iii) access or attempt to access the Services or search or attempt to search through the Services, by any means (whether automated or not), other than through the public interface provided by Smyler (and only to the extent permitted by these Terms), unless you have been expressly authorized to do so under a separate agreement with Smyler (nonetheless, (iv) forging any TCP/IP packet header or any part of the header information in any email or publication, or otherwise using the Services to send false, misleading or deceptive information or information whose source is falsely identified, or (v) disrupt or interrupt (or attempt to do so) access to any user, host or network, including, without limitation, by uploading a virus, overloading, flooding, spamming, mail-bombing against the Services, or by scripting the creation of Content in such a way as to interfere with the Services or create an undue burden on the Services.

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10. Copyright Policy

Smyler respects the intellectual property rights of others and expects users of the Services to do the same. We respond to notices of copyright infringement when they comply with applicable law and are properly addressed to us. If you believe that your Content has been fraudulently reproduced or distributed, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or of a person authorized to act on his or her behalf, (ii) identification of the copyrighted work that you believe has been fraudulently used, (iii) identification of the Content that you believe infringes such rights or is the subject of fraudulent activity and that must be removed or access to which must be disabled, and information reasonably sufficient to permit us to locate such Content, (iv) your contact information, including your address, telephone number and an email address, (v) a written statement by you that you have a good faith belief that the use of such content is not authorized by the rights holder, its agent or the law, and (vi) a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the rights holder. We reserve the right to remove allegedly fraudulent Content without notice, in our sole discretion and without liability to you. Where circumstances warrant, Smyler will also be entitled to terminate a user’s account if the user is repeatedly found to be fraudulent. Below is the contact information for our designated copyright infringement agent to whom notices of copyright infringement appearing on the Services should be addressed: copyright@smyler.fr.

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11. Termination

The Terms will continue to apply until terminated by you or Smyler as follows. You may terminate your agreement with Smyler at any time for any reason by deactivating your accounts and terminating your use of the Services. It is not necessary to specifically notify Smyler when you stop using the Services. If you stop using the Services without deactivating your accounts, your accounts may be deactivated due to prolonged inactivity. We may suspend or terminate your accounts, or stop providing all or part of the Services to you at any time and for any reason, including, without limitation, if we reasonably believe that : (i) you have violated these Terms, (ii) you create a risk or potential legal exposure for us, or (iii) our provision of the Services is no longer commercially viable. We will use reasonable means to notify you, at the email address associated with your account or when you attempt to access your account. In any of the foregoing cases, the Terms will terminate, including,

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12. Disclaimers and limitations of liability

Each of the subsections below applies to the greatest extent permitted by applicable legal provisions. The limitations of liability apply to Smyler and its parent/subsidiary companies, affiliates, officers, employees, agents, partners and licensors (collectively, the “Smyler Entities”). Some national laws do not allow the exclusion of implied warranties or limitations of liability in contracts, so the provisions of this section may not apply to you. Nothing in this section is intended to limit any rights you may have that cannot be legally limited. A. The Services are provided on an “AS IS” basis. You use and access the Services and Content at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, and to the fullest extent permitted by applicable law, the Smyler Entities disclaim all warranties and conditions, express or implied, of merchantability, fitness for a particular purpose or non-infringement. The Smyler Entities make no warranties and disclaim all liability with respect to : (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or the Content, (ii) any damage to your computer system, or loss of data, or other damage resulting from your access to or use of the Services or the Content, (iii) the deletion of Content and other communications maintained by the Services or the failure to store or transmit such Content, and (iv) whether the Services will meet your requirements or will be available to you in an uninterrupted, secure or error-free manner. No advice or information, whether oral or written, obtained from the Smyler Entities or through the Services shall create any warranty not expressly stated in the Terms. B. Links The Services may contain links to third party sites or resources. You acknowledge and agree that the Smyler Entities are not responsible for such third party sites or resources: (i) the availability or accuracy of such sites or resources, or (ii) the content, products or services available on or from such sites or resources. Links to such sites or resources do not imply endorsement by the Smyler Entities of those sites or resources or the content, products or services offered by such sites or resources. Your use of such sites or resources is at your sole risk. C. Limitation of Liability Smyler cannot be held liable in the event of a failure, breakdown, difficulty or interruption of operation, preventing access to the site or to one of its functionalities. The equipment used to connect to the site that you use is under your entire responsibility. You must take all appropriate measures to protect your equipment and your own data, in particular from virus attacks via the Internet. You are also solely responsible for the sites and data you consult. To the fullest extent permitted by applicable law, the Smyler Entities disclaim all liability for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits or revenues, whether suffered directly or indirectly, as well as for any loss of data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of the services, or inability to access or use the Services, (ii) any conduct or content of third parties on the Services, including, without limitation, any defamatory, offensive or illegal conduct of other users or third parties, (iii) content obtained through the Services, or (iv) any unauthorized access to or use or alteration of your transmissions or content.

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A. Renonciation et divisibilité

Le fait que Smyler ne cherche pas à se prévaloir d’un droit ou d’une disposition des présentes Conditions ne doit pas être considéré comme une renonciation à ce droit ou à cette disposition. Dans le cas où une disposition de ces Conditions serait jugée invalide ou inapplicable, cette disposition sera limitée ou supprimée dans la stricte mesure nécessaire, et les dispositions restantes de ces Conditions resteront pleinement en vigueur.

B. Loi applicable et compétence

Ces Conditions et toute action judiciaire engagée en relation avec ces Conditions sont régies par les lois de France sans considération et sans faire application des dispositions légales de votre État ou de votre pays de résidence relatives aux conflits de lois. L’ensemble des réclamations, poursuites judiciaires ou litiges en relation avec les Services seront portés exclusivement devant les tribunaux situés dans le ressort de la Cour d’Appel de Toulouse en France. Vous acceptez la compétence matérielle et territoriale de ces tribunaux et renoncez à toute objection à ce titre.

C. Intégralité de l'accord

Ces Conditions, le Règlement des restrictions et notre Politique de confidentialité constituent l’intégralité de l’accord conclu entre Smyler et vous concernant les Services (à l’exclusion des services pour lesquels vous avez conclu un accord distinct avec Smyler incluant ou excluant expressément les présentes Conditions). Les présentes Conditions annulent et remplacent tous les accords antérieurs entre Smyler et vous concernant les Services. À l’exception des Entités Smyler, aucune personne ou société ne sera considérée comme un tiers bénéficiaire des présentes Conditions.

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Ces Conditions générales d’utilisation peuvent faire l’objet de modifications ponctuelles, la version la plus récente étant toujours disponible à l’adresse smyler.live. Si nous jugeons que ces modifications sont substantielles, nous les porterons à votre connaissance via une mise à jour par email à l’adresse email associée à votre compte. En continuant d’accéder aux Services ou de les utiliser après l’entrée en vigueur de ces modifications, vous acceptez d’être contractuellement lié par ces nouvelles Conditions générales d’utilisation.

Ces services sont gérés et fournis par Smyler SAS.

Pour toute question concernant ces Conditions, veuillez nous contacter legal@smyler.fr.

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Privacy Policy

Smyler promotes interaction and connects people who are participating in the same event. Any user registered on Smyler can connect to the Live of his event and share texts, photos, posts, opinions, private messages, collectively referred to as the “Contents”. The Content posted on Smyler is visible to all participants of the event you are participating in, with the exception of private messages. Content posted live in the Event is deleted on the Self-Destruction Date. This Privacy Policy describes the terms under which Smyler collects, uses, deletes and shares your information when you use our Services. Live content that you share at an event is destroyed on the event’s self-destruction dates. Regardless of your country of residence or the place from which you provide information, you authorize Smyler to use this information in France and in any other country where the company is active.

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When you create or set up a Smyler account, you provide us with personal information such as your username, password and email address. In some cases, you may be asked to provide your telephone number, for example, or to help us prevent problems with spam, fraud or abuse. Your username is publicly listed in our Services, including on your profile page and in search results. This personal information is saved.

2. Additional information

You may provide us with profile information that we will make public, such as your activity, status, location, website or photo. You may provide information dedicated to personalizing your account, such as your mobile phone number. We may use your contact information to send you information about our Services or to provide you with offers. You can use your account settings to stop receiving notifications from Smyler. You can also unsubscribe by following the instructions provided in the notifications or on our website. We may use your contact information to allow others to find your Smyler account. Your privacy settings determine whether third parties can find you using your email address or mobile phone number. You may download your address book so that we can help you find people you know about Smyler or to enable other Smyler users to find you. We will be able to offer suggestions to you and other Smyler users from contacts imported from your address book. You can delete contacts imported from your address book from Smyler at any time. When you send us an email, we use the email, email address and related information to respond to your request. If you connect your Smyler account to an account of another service for the purpose of cross-sending, that service may provide us with your profile information, login information, and any other information you have authorized to be disclosed. This information allows us to perform cross mailings, helps us improve our Services and is deleted from Smyler within a few weeks after you log out of the Smyler account of the third party service.

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Our Services are primarily designed to help you interact live during an event with participants and organizers. Most of the information you provide us with is content that you wish to make public to the event audience. By default, the information you publish is dedicated to the event you are attending. This information is available for the duration of the event and is deleted when the event is self-destructed. This allows you to keep the information discreet. However, the organizer of the event you attended may obtain detailed feedback before the self-destruction in order to analyze trends and review the results. When you share information or content such as text, photos, videos and links via the Services, you should consider what you are making public.

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You can choose to publish your location on your Smyler profile. You can also provide us with your current location by filling it in or allowing your computer (or mobile device) to send us location data. We may use and retain your location information to provide you with certain features of our Services, such as improving and customizing the Services with, for example, more relevant content such as local trends, upcoming events, and more.

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Like many other websites and mobile applications, we use cookies and other similar technologies to collect additional usage data and to improve our Services. A cookie is a small data file that is transferred to your computer’s hard drive. Smyler may use both session cookies and persistent cookies to better understand your interaction with our Services, to monitor our users’ aggregate usage and traffic routing on our Services, or to customize and improve our Services. Most web browsers automatically accept cookies. By modifying your browser settings, you can disallow cookies or configure the appearance of cookie-accepting windows on the websites you visit. However, some Services may not function properly if you disable/reject cookies.

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When you use our Services, we may receive “Log Data” information such as your IP address, browser type, operating system, the web page you came from, pages visited, your location, your telephone operator, device information (including device and application identifiers), search terms, and cookie information. We receive Log Data when you interact with our Services, for example, when you visit our websites, authenticate to our Services, interact with our email notifications. Smyler uses Log Data to provide, understand and improve the Services. We delete the Log Data or remove common identifiers such as username, full IP address, or email address after 18 months, unless we have done so previously.

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You can enter your credit card information, including the cardholder’s name, card number, expiration date, security code in order to make a commercial transaction on Smyler. You may also provide this credit card information to subscribe to services associated with a monthly subscription. We consider your credit card information to be private information that we do not make public. We collect the information generated by your purchases made on Smyler “Transaction Data” and do not store it. Transaction Data includes the date, time and amount of the transaction.

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Smyler uses the services of various third party providers to help Smyler provide the Services, such as hosting various blogs and wikis, or to help Smyler understand and improve the use of the Services, such as Google Analytics. These third party service providers collect information sent by your browser in a web page request, such as cookies and your IP address. Third party advertising partners provide us with information, such as browser cookie identifiers, URLs of websites visited, mobile device or account identifiers (such as an email address) in encrypted form, to help us measure and personalize advertisements.

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We do not disclose personal and private information outside of the situations described in this Privacy Policy. A. Your Consent We disclose and share your information according to your instructions, for example when you allow a website or third party application to access your Smyler account. B. Service Providers We use service providers (such as banks) to provide services and perform certain functions. We share your personal and private information with these service providers when they are subject to confidentiality obligations in accordance with this privacy statement and provided that these third parties use your personal and private information on our behalf and under our instructions. We share your Credit Card Information with payment service providers for the purposes of processing payments, preventing, detecting and investigating fraud or other prohibited activities, facilitating dispute resolution in the case of chargebacks or refunds and for other purposes associated with credit card acceptance. We may also share your credit card number with payment service providers, or third parties authorized by them, to monitor card transactions at participating merchants and track refund activity for the purpose of providing services associated with card use. C. Law and Harm Notwithstanding anything to the contrary in this privacy statement, we will retain or disclose your information if we believe that such retention or disclosure is reasonably necessary to comply with any law, regulation or legal request; to protect the safety of any individual, to protect against fraud or security or technical problems; or to protect the rights of Smyler. However, nothing in this Privacy Policy is intended to limit any right or action you may have against a request from a third party (including public authorities). D. Business Transfers and Affiliates In the event that Smyler is subject to a class action lawsuit or is involved in a merger, acquisition, reorganization or sale of assets, your information may be sold or transferred as part of that transaction. This Privacy Policy will apply to your information as it is transferred to the new entity. We may need to disclose information about you to our affiliates to enable us to provide, understand and improve our Services and the services of our affiliates, including the delivery of advertisements. E. Information Other Than Private or Personal Information We may share and disclose your aggregated information, other than private or personal information, such as information in your public profile, public interactions, after deleting any personal and private information (such as your name or contact information).

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If you are registered as a user of our Services, we provide you with the tools and account settings to access or change the personal information you have provided to us that is associated with your account. You can also permanently delete your Smyler account. If you follow the instructions provided, your account will be deactivated and then deleted. After deactivation, your account is no longer visible on smyler.live. During the 3 months following deactivation, it is still possible to restore your account if it was deactivated accidentally or by mistake. After 3 months, the process of deletion of your account on our systems will be initiated; it may take up to a week.

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Our services are not intended for persons under 13 years of age. If you learn that your child has provided us with personal information without your consent, please contact us at legal@smyler.fr. We do not knowingly collect personal information from children under the age of 13. If we learn that a child under the age of 13 has provided us with personal information, we will take steps to delete that information and terminate that child’s account.

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Smyler complies with the principles of the US-EU and US-Swiss Safe Harbor on the notification, selection, transfer, security, integrity, access and protection of data. *** This Privacy Policy is subject to change from time to time, with the most recent version always available at smyler.live. If we deem such changes to be material, we will notify you by sending an email update to the email address associated with your account. By continuing to access or use the Services after these changes take effect, you agree to be bound by this new Privacy Policy. The Services are managed and provided by Smyler SAS. If you have any questions about this Privacy Policy, please contact us at legal@smyler.fr.

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Settlement of Restrictions

Our goal is to offer a Social Live service to share content with other people during an event. We respect the ownership of the content that users share and each user is responsible for the content they provide. In accordance with these principles, we are not aware of and do not actively monitor user content and we will not censor it, except in the limited circumstances mentioned below.

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In order to offer the Smyler service and the ability to communicate and stay connected with others, we have defined certain restrictions that apply to the type of content that can be published with Smyler. These limits comply with legal requirements and allow all users to have a better Smyler experience. Impersonation: You must not impersonate others on Smyler in a manner that causes or is intended to cause confusion, misunderstanding or deception of others. Trademarks: We reserve the right to suspend or delete accounts associated with usernames on behalf of companies or individuals who own them legally or who have a trademark on those usernames. Accounts using company names and/or logos to mislead others may be permanently suspended. Private information : You may not disseminate or publish other people’s private and confidential information, such as their credit card number, mailing address, or social security or national identity card number, without their express consent and authorization. You must not publish intimate photos or videos taken or distributed without the subject’s consent. Violence and Threats: You must not broadcast or publish direct and specific threats of violence against others. Copyright: We will respond to clear and complete notifications of alleged copyright infringement. Our copyright procedures are set forth in our Terms of Use. Unlawful Use: You may not use our service for any unlawful purpose or for the pursuit of unlawful activities. International users agree to comply with all local laws regarding online conduct and acceptable content.

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Smyler strives to protect its users from abuse and spam. User abuse and technical abuse are not accepted on smyler.live and may result in permanent account suspension. Any account involved in the activities mentioned below may be subject to permanent suspension. Serial Accounts: You may not create multiple accounts for disruptive or inappropriate purposes or for redundant use. Mass creation of accounts may result in suspension of activity for all accounts involved. Please note that any violation of the Smyler Rules may result in permanent suspension of activity for all affected accounts. Targeted Inappropriate Behavior: You must not engage in targeted inappropriate behavior or harassment. Some of the factors we consider when determining whether conduct constitutes targeted inappropriate behavior or harassment include the following: If you are sending messages to a user from multiple accounts if the sole purpose of your account is to send inappropriate messages if the reported behavior is one-sided or includes threats Username Monopolization: You must not engage in username monopolization. Accounts that have been inactive for more than 12 months may be deleted without notice. Some of the factors we consider when determining whether conduct amounts to username monopolization include: the number of accounts created the creation of accounts to prevent others from using those account names the creation of accounts for the purpose of selling them the use of third party content feeds to update and maintain accounts using the names of those third parties Invitation spam: You should not use the import of contacts from Smyler.co.uk’s address book to send large numbers of invitations repeatedly. Selling usernames: You may not buy or sell Smyler usernames. Malware/Phishing: You must not post or use links to malicious content that is intended to interfere with or disrupt the operation of another user’s browser or computer, or compromise another user’s privacy. Spam: You must not use the Smyler service for the purpose of spamming someone. The definition of spam will constantly evolve as we respond to new techniques and tactics by spammers. Some of the factors we consider when determining whether conduct is spam include: if a large number of people are blocking you if the number of spam complaints filed against you is very high if you post duplicate content to multiple accounts or duplicate updates to the same account if you post multiple updates unrelated to a topic if you repeatedly create false or misleading content if you post deceptive links (e.g. affiliate links, links to malware or click diversion pages, etc.) if you post false or misleading content if you post false or misleading links to other users if you post false or misleading content if you post false or misleading links to other users if you post false or misleading links to other users if you post false or misleading links to other users if you post false or misleading links to other users. ) if you create deceptive account interactions or accounts if you use third-party applications or services that claim to be able to get more subscribers (including subscriber channel sites, sites that promise “more subscribers quickly,” or any other site that offers to automatically add subscribers to your account), or if you promote them Explicit Content: You must not use pornographic or excessively violent images, whether as a profile picture, banner picture, or background image. Your account activity may be suspended for violation of our Terms of Use if you engage in any of the behaviors listed above. An investigation may be conducted into any account whose behavior is indicative of the above violations. Accounts for which an investigation is conducted may be removed from Smyler’s search in order to preserve its quality. Smyler reserves the right to immediately terminate your account, without notice, if it is determined that you are in violation of this Restrictions Policy or the Terms of Use. *** These Restriction Rules are subject to change from time to time, the most recent version being always available at smyler.live. If we deem such changes to be material, we will notify you by sending an email update to the email address associated with your account. By continuing to access or use the Services after these changes take effect, you agree to be bound by these new rules. These services are managed and provided by Smyler SAS. If you have any questions regarding this policy, please contact Smyler SAS.

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Cookie Uses

Smyler uses cookies and other similar technologies, such as pixel tags and local storage, to optimize your experience, speed it up and increase security. The Smyler Services (websites, APIs, email notifications, applications, buttons, widgets and advertisements) use these technologies to do the following: log in to Smyler, save your preferences, customize the content you access, and protect you from spam or abuse. Below you will find out how Smyler, our partners and third party services use these technologies, your privacy settings, and other options you have.

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Cookies are small files that are placed on your computer by sites when you browse the Web. Like many websites, Smyler uses cookies to track how its subscribers use the services and how to optimize the services. A pixel is a small amount of web page code or email notification. Like many other services, we use pixels to see if you have interacted with certain web content or email. This allows us to measure and improve our services and personalize your experience on Smyler. Local storage is a standard technology that allows websites or applications to store information locally on your computer or mobile device. We rely on your past interactions on Smyler to personalize content using local storage.

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Smyler uses these technologies to provide, measure and improve services in a variety of ways. These uses generally fall into one of the following categories. Authentication and Security: To log in to Smyler To protect your security To help us detect and combat spam, abuse, and other activities that violate Smyler’s policies. For example, these technologies help us to authenticate your access to Smyler and prevent unauthorized parties from accessing your account. They also allow us to communicate appropriate content to you through our services. Preferences: To remember information about your browser and preferences For example, cookies allow us to save your language or country choices. Then we can deliver Smyler content in your preferred language, without having to ask for it again each time you visit. In addition, we personalise the content according to the country you are in, by directing you to the topics that are popular in your region or by removing certain content that is incompatible with local regulations. Statistics and Research: To help us improve and understand how subscribers use our services, including Smyler buttons and widgets and Smyler advertisements For example, cookies allow us to test different versions of our services to identify our users’ favorite features and content. In addition, we use cookies to enhance your experience on Smyler. Where appropriate, cookies help us identify how you interact with our services (frequency and period of use, links executed). Personalized Content: To add personalized content to our services, such as trends, stories, advertisements, and suggestions to our users. For example, local storage tells us what portions of the Smyler News Feed you’ve already viewed. We provide you with appropriate content accordingly. Through cookies associated with websites with Smyler buttons or widgets, we provide more relevant suggestions about who you might follow based on your visits. Advertising: To help us deliver advertisements, measure their performance and match them to your activities on Smyler and to your visits to the websites of advertising partners For example, Smyler uses cookies and pixels to personalize advertisements and measure their performance. These technologies allow us to serve ads to you and to evaluate their effectiveness based on the frequency of your visits to our advertising partners’ websites. This enables advertisers to deliver high-quality advertising and content that may be of greater interest to you.

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Smyler uses these technologies on its own websites and services and on other websites that have integrated our services. This includes the websites of our advertising and platform partners and sites using Smyler buttons or widgets. These technologies may also be used by third party services, including when you interact with their content from our services (for example, by clicking on a link or viewing a multimedia stream on Smyler from a third party service), or to facilitate the delivery of advertisements presented on and off Smyler.

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We are committed to providing appropriate privacy choices. You have a number of options for controlling or restricting the use of cookies by Smyler, our partners and other third party services. To control personalized suggestions on Smyler: If you do not want Smyler to provide you with suggestions based on your recent visits to websites with embedded Smyler buttons or widgets, please disable this feature using the Tracking Disable setting on your browser. To control advertising on Smyler: If you do not want Smyler to show you personalized advertisements based on data held by our advertising partners (such as cookies), disable this feature. Smyler will no longer associate your account with any cookies or other information shared by our advertising partners for the purpose of ad personalization. You can also disable personalized ads by selecting the tracking disable option on your browser. To control the use of cookies : You can set most browsers to automatically accept or decline all cookies, or to be consulted each time a site attempts to set a cookie. Some parts of our services do not require the use of cookies. However, Smyler may not function properly if cookies are disabled altogether. For example, you will not be able to log in to smyler.co.uk if you have fully disabled the use of cookies. *** The use of cookies may be subject to occasional changes, the most recent version being always available at smyler.live. If we deem these changes to be substantial, we will notify you via an email update to the email address associated with your account. By continuing to access or use the Services after these changes take effect, you agree to be bound by these new uses of cookies. These services are managed and provided by Smyler SAS. If you have any questions regarding the use of cookies, please contact us at legal@smyler.fr.