TERMS & CONDITIONS
Definitions
T&C or Agreement : means the present document detailing the Terms and Conditions by which the user and Goojet consent to comply with regards to the Goojet Service.
User Account or Goojet Account: means a User’s personal data, including the User’s login information, and which are necessary to access all the functionalities of the Service.
Content : means the information, files, internet data (RSS, XML, links to Wap or Web sites, …), data, text, software, music, audio recordings, sounds, photos, images, videos, messages or any item that can be posted by a User and made accessible to other Users.
DRM : means any method or technology aiming at protecting a content, a file or more generally any data.
Goojet : refers to the company offering the Service and which details are:
“Goojet, SAS à conseil d'administration au capital de 75.461 euros”, located at rue la Pyrénéenne Prologue 1 BP 27201 in Labege (31670), and registered at the RCS of Toulouse under the number B.498 416 916.
Login Information : refers to a the user name and password chosen by a User and allowing the User to sign in to access to Service.
Registration : means the online registration process that a User must go through on goojet.com in order to access the Service. This process results in the creation of a User’s Login Information and User Account.
Service : refers to the service offered by Goojet and accessible online from the “goojet.com” web site. The service is in particular accessible from the following urls ( http://www.goojet.com , http://m.goojet.com ) as well as through the Goojet mobile application or any other means Goojet will choose to allow Users to access it form.
User or You : means any physical person, company, organization or entity accessing the Service.
Introduction
This Agreement defines the conditions by which Users can access the Service and use it.
Anyone who accesses the Service commits to respect without restriction the entire Agreement.
Goojet reserves the right to modify anytime and without restrictions the present T&C without having to justify its reasons. The version of the T&C that prevails over any other version is the one which is accessible online at http://www.goojet.com/en/conditions/ .
The User hereby acknowledges having been informed that the only version of the T&C that prevails is the one which is online at http://www.goojet.com/en/conditions/ , which he accepts without restriction, and commits to refer to it systematically at every new connection. The T&C are always available at: http://www.goojet.com/en/conditions/ .
Requirements
In order to use the Service, You must have access to a mobile phone and a computer both with valid internet access and both compatible with the Service (see Compatibility Rules). It is your responsibility to verify that the hardware and software used to access the Service are compatible with it and that they won’t create any disturbance to the Service.
Registration
The use of the Service is restricted to people who previously registered online and which thus declared having read and agreed the T&C. Only one registration by mobile phone number is authorized. You commit to only provide accurate and current information when registering. Once registered, you must login with your user name and password to access the Service. You hereby also commits never to communicate you Login Information and to keep it secret. You and only you are responsible of resulting actions from the use of your Login Information to access the Service. Should your Login Information be lost or used ill intentionally, you must immediately inform Goojet and commit to do so.
The User also agrees not to create any fake identity which could mislead Goojet or third-parties and not to use the identity of any third party. The User commits to maintain the data in his or her User Account accurate and up-to-date.
Should the information provided by the User to Goojet turn to be inaccurate, incorrect, outdated, incomplete or misleading, Goojet will have the right to suspend or terminate the User Account of the User and deny the User any right to access the Service either temporarily or permanently.
It is hereby reminded to parents or any other person exercising parental authority that it is their obligations to both determine which services their minor child should be authorized to access and to also monitor the usage their child makes of these services.
Minors below 12 are not authorized to register to the Service. Minors over 12 are allowed to register provided they previously obtained from their parents (or the person exercising parental authority) their consent. By registering to the Service, they declare having obtained this authorization. Goojet reserves the right to request a written confirmation of this authorization at any time and to terminate the User Account of any User that wouldn’t have provided this written confirmation in the deadline notified by Goojet. Goojet will terminate the User Account of any minor User upon reception of his or her parents’ (or parental authority exercising person’s) request to terminate the User Account.
Functionalities
Goojet provides Users with a Service that allows them to host and personalize a series of online services and Content. Each User can create and publish, under its full and complete responsibility, online services and Content and thus to also discover those of other Users also hosted by Goojet though the Service. Some of these services offer other Users the possibilities to add comments or Content and thus to enrich the online service or Content originally created by the User.
The User can access his or other User’s online services and Content from either his computer or his mobile phone though the Service.
The Service also allows Users to communicate with each other and send each other online services and Content under their full and complete responsibility, in particular when it comes to complying with T&C.
The User commits to self moderate his or her comments. The online services or Content must not contain any material offensive to other Users and which nature could create public disorder.
Goojet does not make any warranty with regards to the Content, in particular its accuracy or veracity. Goojet will not bear any responsibility with regards to false declarations made by a User not with regards to meetings and interactions between Users subsequent to their use of the Service.
Usage rules
The User commits to make a fair and non-commercial use of the Service and abide by all the clauses of this Agreement, in particular the following usage rules.
When using the Service and in particular when registering, creating your profile and uploading Content, data and files, you commit:
not to infringe third-party image rights, intellectual property rights in particular by copying or modifying third-parties’ content or by disabling content DRM while creating the Content;
not to disclose elements of third-party private lives;
not to harm Goojet’s interests, in particular by using a machine or robot or any other means potentially capable of disturbing or reselling the Service and its Contents;
to comply with applicable legislation at all times.
You also commit not to use the Service to promote any commercial activity, for example by sending marketing communications through the Service, spams, etc…
Goojet grants You a storage space for your Content and file of up to 10MB, a limit that Goojet reserves the right to increase or decrease any time and without notice nor justification.
It is Your responsibility to ensure that Content files stored in the Service or not infected by one or several viruses or malware or any other software or data potentially harmful for the Service or other Users.
You hereby declare that you own or have received from third parties all rights to store these Content, including intellectual property rights and that, should you choose to also share them with other Users, you have also own or have received from third parties all the rights to do so.
The User is responsible for obtaining from each individual their consent for the use of their image.
The User hereby acknowledges that Goojet is not responsible for the Content that he or she stores, hosts or publishes though the Service and commits to make his or her any claims against Goojet from third-parties which rights would have been infringed by the User’s Content. The User therefore acknowledges that, through the Service, Goojet acts as a simple hosting party and that the User is the sole and only publisher responsible for the Content he or she submits to the service. Goojet does will not exercise any editorial control on the Content but however reserves the right to delete without notice any Content at any time, in particular when it comes to Content having been flagged by other Users as potentially containing offensive or infringing material.
The User understands and acknowledges that the deletion of Content from his own personal space within the service does not imply the deletion of Content which has been previously shared with other Users. Similarly, terminating a User account will not delete Content previously shared with other Users.
You hereby understand and accept that the Goojet Platform is mutualized and therefore in order to guarantee each User a fair quality of service, you commit not to send more than 500 invitations by 24-hour period.
You hereby acknowledge being aware of the messaging function available within Goojet and that allows users to send each other messages or Content: you thus accept the fact that registering to Goojet allows other users to contact you under certain conditions and by different methods, including by mail, SMS or voice call (according to the configuration parameters you will have chosen).
Intellectual Property Rights
Using the Service does NOT grant You any right on the Content accessible through the Service nor on the Service itself. You therefore can NOT copy, modify, send, represent, publish, adapt any Content or part of nor any part of the Service through any means whatsoever.
Except for the Content hosted by the Users within the Service, the Service remains the full and entire property of Goojet and the User commits not to try to copy, modify, distribute, duplicate, send or sell, under any form, the Service or any part thereof without the express written consent of Goojet.
Responsibility
Goojet is not responsible for the use of the Service made by Users, in particular with regards to Content as described above.
While Goojet will aim at providing the Service 24 hours a day, 7 days a week, Goojet does not make any warranties with regards to the Service’s continuity, performance, duration, conformance or compatibility to a specific usage, to its quality or lack of flaws nor to the respect of the T&C and applicable legislations by the Users. Goojet cannot be held responsible for any Service interruption, regardless of its duration, frequency or cause and the consequences thereof.
Information and advice communicated to the User by Goojet, whether written or oral, do not create any warranties other than those described in this Agreement.
The User recognizes that the use of the Service is made under his full responsibility and at his own risks. The Service is provide “as is”.
The User hereby declares that he understands technical limitations of communication networks, including latency, response time to collect data, security risks. Therefore, the User acknowledges that it is his or her responsibility to protect his or her technical equipment and that Goojet will not be responsible for any intrusion or contamination attempt occurring to the User equipment while using the Service.
Goojet does not provide any personalized user support nor “hot line”. Users can however leave feedback or ask questions to Goojet through several means available on the Service which Goojet will not have an obligation to answer to.
Goojet will not be responsible for any fault resulting from You, from any other User or from a situation of “force majeure”.
The User is the sole and only responsible of the usage he or she makes of the Service and of complying with all the clauses of the Agreement.
The User can thus not hold Goojet responsible for any claim resulting from such usage by the User of the Service. The User also accepts to indemnify Goojet against any damage (including indemnifications and reasonable legal costs Goojet could bear to assume its legal defense) resulting from the violation of the Agreement or the usage of the Service by the User.
As per applicable legislation, Goojet provides a means to the User to report offensive, infringing or illegal material contained in other Users’ Content. The message sent to Goojet will automatically report the date and time, the IP address of the reporting User, the reference and location of the reported Content. On top of its unrestricted right to remove any Content any time and without justification, the User also understands that in this case, Goojet will also deliver upon request the incriminated Content to legal authorities.
The User is fully responsible for any damage that he or she could cause to other Users while using the Service.
Goojet provides access to the Service for free. However the User is responsible for bearing the costs of his own fixed and mobile Internet access as well as for the costs potentially invoiced for the use of some of the online services that can be found through the Service.
The User authorizes Goojet to bundle the User’s Content with advertising or promotional messages of any kind. More generally, the User accepts that Goojet can use the Content of the User to promote the Service. The User grants these authorizations for free and will not be able to claim any remuneration from Goojet as such. Should the User want to revoke these authorizations, he will have to terminate his User Account. The resulting revocation will only apply form the termination time and date or from the end of any promotional action already engaged by Goojet upon the termination, whichever comes last.
In return for the free access to the Service, the User grants Goojet a worldwide, free of charge, unrestricted license on the User’s Content. This license will remain valid as long as the User publishes the Content through the Service.
Third-party sites
Web pages of the Service can contain hypertext links to third-party sites upon which Goojet does not exercise any control, including advertisers. Goojet is not responsible whatsoever for the content of these sites. The presence of the links on the Service does not mean Goojet approves of neither these sites nor their content. Goojet is not responsible for any modifications these sites could incur nor their lack of performance. Users are fully responsible for their use of such third-party sites, in particular when entering in transaction with them and Goojet can not be held responsible for any failure to perform any obligations to the Users resulting from the use of such sites.
Duration
The Service is provided by Goojet for a unlimited duration.
The validation period of a User Account is 105 days (one hundred and five days) from the last day the User accessed the Service through it. Beyond this period, Goojet will have full rights to automatically terminate the User Account.
The User understands and accepts that Goojet reserves the right to fully or partially terminate without notice nor cause all or part of the Service.
In case of violation by the User to this Agreement, or to applicable legislations, Goojet will have full rights to terminate a User access to the service without notice and without prejudice to any claim Goojet could make as a result of such violation.
Upon termination, whether resulting form Goojet or You, You will lose all access to Your Content. It is thus Your responsibility to make backups or copies of Your Content. Termination of Your User Account will not delete copies of the Content previously sent to other Users through the Service.
Personal data
Information requested by Goojet in the course of the use of the Service are either necessary for Goojet to deliver the Service or to better understand Users’ expectations. If you have opted to, Goojet will also send some of these information’s to third-parties for promotional purposes but will not do so if you have opted against that.
Goojet uses cookies to monitor your usage of the internet sites and to personalize it for You. You can reject cookies by modifying the options of your internet browser but, by doing so, could lose access to part or all of the Service.
You have a right to oppose, consult, access, rectify or delete any personal information you have provided Goojet. To exercise that right, you need to send a copy of an ID card to Goojet’s Legal Service at the address in article 1.
Disputes
The Agreement is subject to French law. You hereby consent to process any dispute with regards to this Agreement to the “procedure par règlement amiable” process before making any other legal action.
Others
All parties accept that the information from Goojet information systems constitute valid evidence with regards of the use You make of the Service.
The absence of claim by Goojet upon a violation by the User of any of his or her contractual obligations does not constitute a renunciation to Goojet’s rights under the present Agreement.
The Agreement represents the full and entire agreement between the User and Goojet. It replaces all previous forms of agreement on the same subject.
The invalidity of any clause of this Agreement does not make the other clauses invalid not void.
Compatibility Rules
Minimum configuration to access Goojet:
Using Internet Explorer (from version 7) or Firefox (from version 1.5) with 512MB or more of RAM, Pentium IV or faster CPU as well as 1024x768 graphic resolution and broadband internet access.
Compatible with Java MIDP2.0 and OMA1.0 DRM, color graphic resolution of minimum 128x140 and mobile Internet access.