Terms and conditions of use
of the website http://smyler.live
1. Legal information
2. Basic conditions
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.
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.
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.
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.
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.
8. Smyler’s rightsAll 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.
9. Restrictions on Content and use of the Services
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: firstname.lastname@example.org.
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,
12. Disclaimers and limitations of liabilityEach 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.
13. Conditions générales
A. Renonciation et divisibilité
B. Loi applicable et compétence
C. Intégralité de l'accord
Pour toute question concernant ces Conditions, veuillez nous contacter email@example.com.
1. Basic information about your account
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.
3. Contents: Post, satisfaction, survey, prognosis, messages and other information
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.
4. Location information
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.
6. Log Data
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.
7. Business Transaction Services
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.
8. Third parties and affiliates
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.
9. Information Sharing and Disclosure
10. Modification of your personal data
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.
11. Our policy towards children
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 firstname.lastname@example.org. 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.
12. Safe Harbor Program in the European Union
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.
1. Limitations Affecting Content and Use of Smyler
2. Abuse and spam
1. What are cookies, pixels and local storage?
2. Why does Smyler use these technologies?
3. Where are these technologies used?
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.