Terms of Service of Plyce

Introduction

Welcome to Plyce service.

These Terms of Use describe Plyce conditions of access to Plyce services (thereafter "the Service").

The applicable Terms of Use are the ones in effect when you connect and you use the Service.

Plyce is accessible via Internet and via WAP services proposed by certain mobile phone operators. By using and/or registering to Plyce services, you are agreeing to be bound by the following terms and conditions ("Terms of Use").

Article 1 – Object of Plyce

Plyce is a mobile application you can download on iPhone, as well as the http://www.plyce.com website. This mobile application and this website have been created by Plyce for its members in order for them to be able to locate people and places, this in order to develop, and to enjoy their social network. Plyce is a social network which permits to its members to share their daily life with friends and to have fun.

Article 2 – Registration to Plyce

You must be 13 years or older to use the Service and to fill in all compulsory fields in the registration form.

The facilities (computers, software, communication medium), allowing the access to Plyce, are at your own costs, as well as the telecommunication costs for their use.

You agree that the data you provide to Plyce upon registration will be true, accurate, current and complete. You also agree that you will ensure this information is kept accurate and up to date at all times. You agree to provide a truthful email address which you are the owner. If you don not receive service messages from Plyce, you renounce any reclamation and/or auction against Plyce.

Plyce is allowed to refuse the use of username which would represent the name of an other person, would infringe intellectual property rights, or would be vulgar, offensive or inappropriate, that Plyce will judge in a discretionary manner.

After your registration, you will have a personal and confidential username and password. In no case, you will disclose this information. Plyce will not be responsible if you lose these identification elements.

At any time, Plyce may terminate your registration if it believes you have breached the Terms of Use. You are personally responsible for any use of the Service with your username and password. You agree to take due care in protecting your username and password against misuse by others and agree to promptly notify Plyce about any such misuse. Plyce cannot be responsible, and you guarantee Plyce against all demand for this.

In addition, Plyce cannot verify people identity registrating to the Service. So Plyce will not be responsible in case of an identity usurpation. You are responsible for keeping your password secure and confidential. You must notify Plyce immediately by email of an unauthorized use of your password, or if you believe that your password is no longer confidential, and known only by you.

Plyce reserves the right to suspend all account that has not been connected on Plyce during a period superior to 6 (six) months.

Article 3 – Use of Plyce services

You must always comply with applicable laws and you are the only one responsible for all activities that occur under your password, notably concerning the Content you upload in the Service. For instance, and without any limitation, you agree to:

Comply with applicable laws, respect the rights of third parties, and respect these Terms of Use;
Have a loyal behaviour with Plyce and the other members;
Never divert Plyce from any illegal or unauthorized purpose;
Do not use other members personal data in an other purpose than to establish contact;
Communicate to Plyce and the other users only information or contents which couldn't be prejudicial for you;
Not diffuse false information or contents;
Not create a false identity, usurp the identity of an other person or an entity, wrongfully claim, or distort your affiliation to a person or an entity in order to mislead the others about the identity of the message expeditor, or to collect information about the others;
Not diffuse information or contents contravening others rights or defamatory, injuring, obscene, offending, violent or inciting violence, politic, racist or xenophobic and in general breaching public order and good morals;
Not diffuse information or contents reducing, disorganising or stopping the natural use of Plyce services, neither interrupting and/or slowing down the natural circuit of communication between other members;
Respect intellectual property rights and all other rights held by Plyce or by members.

In case you would not respect these rules, Plyce reserves the right without prior notice to interrupt at any time the Service, block the concern member account, automatically delete litigious messages, prevent the publication of all or part of the member's profile, and/or block his access to all or part of the Service in a temporary or definitive way and without any compensation. You agree that Plyce will not be liable to you for any interruption of the Service, delay or failure to perform.

Plyce cannot be responsible for false declarations done by a member. Plyce will not be liable during a meeting (virtually or not) between members or not members after the use of the Service.

Article 4 – Copyright and Intellectual Policy

You agree that Plyce owns all intellectual property rights in relation of the Service.

Trademarks, domain names, commercial names, logotypes, and all other distinctive signs of Plyce, graphics, pictures, animations, videos, and texts on Plyce are owned by Plyce and cannot be reproduced, used or represented without Plyce prior authorisation, otherwise Plyce would have the right to pursue.

In case that you have concluded an agreement with Plyce authorising you expressly the right to use distinctive signs, you agree to use them in accordance with the agreement dispositions.

The use rights are conceded by Plyce solely under numeric form on your computer to visualise consulted pages by your navigation software. Printing paper is authorised for private copy for the exclusive use of the copyist according to article L. 122-5-2° of the French Intellectual Property Code. All other use is forbidden to you without Plyce prior authorisation.

In particular, it is prohibited to modify, copy, reproduce, upload, diffuse, broadcast, publish, represent, post, commercially exploit and/or distribute exclusive information owned by Plyce, notably texts, software, pictures, page settings, graphics.

We claim no ownership or intellectual property rights over the Content that you upload to the Service, except for the grant of the license allowed by article 6 of the Terms of Use. Any intellectual property rights in the material in your profile and in the uploaded content belong solely to you. Except a contrary agreement concluded in writing by Plyce, you agree to be responsible for the protection of the Content and the application of your rights related to this Content. Plyce does not have any obligation to do it for you.

You agree not to remove, mask or modify mentions relative to intellectual property rights possibly affix on, or contented in the Service.

Except if you have been expressly authorized in writing by Plyce, you agree that as part of your Service use, you will not use any commercial trademark, service trademark, commercial name, logotype or all other distinctive sign owned by a company or an organisation in conditions likely to generate, consciously or not, a confusion about the owner or the licensee.

Article 5 – Plyce’s License

Plyce hereby grants you a free and personal license, non transferable, non exclusive, revocable, and for the entire world, to access and use the software provided by Plyce (thereafter "Software"), strictly in accordance to the Terms of Use.

You may not (i) modify, disassemble, decompile or reverse engineer the Plyce Software, except to the extent that such restriction is expressly prohibited by law or if expressly authorized by Plyce, (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Plyce Software to any third party, or use the Plyce Software to provide time sharing or similar services for any third party; (iii) make any copies of the Plyce Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Plyce Software, or features prevent or restrict use or copying of any content accessible trough the Plyce Software, or features that enforce limitations on use of the Plyce Software, or (v) delete the copyright and other proprietary rights notices on the Plyce Software.

Article 6 – Content License

Plyce does not claim ownership over the Content that you upload to the Plyce Service. Any intellectual property rights in the material in your profile and in the uploaded content belong solely to you. However, by uploading the Content to the Service, you grant Plyce a non exclusive, royalty free, worldwide, perpetual and irrevocable right to use, copy, modify, distribute, sublicense, and prepare derivative works of, such Content, in any format or medium now known or later developed, solely on and through the Service, subject to these Terms of Use.

The license does not confer to Plyce the right to sell your Content.

You agree that Plyce, in the execution of technical steps required to provide the Service to its users, can (a) transmit or distribute your Content on several public networks and on several supports; and (b) bring necessary changes to your Content to comply and adapt it to networks technical conditions, systems or supports. You agree to concede a license to Plyce which permits to it to make these acts.

You represent and warrant that you have sufficient rights to grant this license. Plyce will not be responsible for Content that you upload to the Service if you do not have all intellectual property rights.

You expressly authorise Plyce to modify those Contents in order to respect the website and the application graphic chart or other communication supports and/or to make them compatible with their technical performances or concerned supports formats.

Article 7 – Cancellation

You may terminate your registration if you no longer wish to use the Service by writing in the email contact.

The suppression of your account and your personal data will be effective 24 hours after your cancellation.

In case that a member breaches these Terms of Use, Plyce may terminate or suspend, at any time, your registration, without prior notice. You agree that Plyce can immediately terminate or delete your account and all information and files of your account and/or forbid you any future access. If possible, Plyce will reasonably try to inform members of the end or the suspension of their access to Plyce. Furthermore, you agree that Plyce and its service provider will not be responsible for any stop or suspension of your access to Plyce Services or all modification of the Service.

This cancellation will take place without any damage of all damages that would be claimed by Plyce to you in reparation of all damages suffered due to such breach of trust.

Article 8 – Limitation of liability and damages

You agree that the information you provide to Plyce will be true, accurate, current and complete. Their divulgation consequences upon your life and the other members’ one are from your exclusive responsibility. You agree not to pursue Plyce, notably on the basis of the privacy life rights breach resulting from the diffusion or the divulgation of information about you.

Plyce cannot be liable for the information or Contents provided by you and/or the others. In addition, Plyce cannot be responsible for the Contents as data, texts, information, pictures, profiles, audio or video clips, links and all other Contents diffused, published by a member and likely to conflict with other members’ rights.

The quality of the Service required as well by Plyce than by the other members, means the respect of a certain ethic in the expression and the behaviour of the members, the respect of the third parties’ rights, as well as the respect of applicable laws and rules.

To help this quality, individual responsibility and ethic, Plyce permits to members to inform on its website data, behaviours and words of an other member which could infringe the applicable laws and rules, the image right, third parties’ rights and good morals.

As a consequence, members agree that data provided by them as well as their behaviour or their words are enable to be pointed out by others and can be moderated and/or controlled by Plyce, on the basis of objective standards of evaluation. In case that this report or this control would show up the violation by a member of the applicable laws and rules or of his contract obligations, the dispositions of these Terms of Use, notably Article 7 "Cancellation", could be applied.

If Plyce’s responsibility was intended because of a lack in the obligations of a member, this latter agrees to guarantee Plyce against all condemnation pronounced against it, this guarantee covering all damages that would possibly be given as well as the lawyer fees and the justice fees.

Article 9 – No Warranties

Plyce does not warrant that:

The functions contained in the Plyce Service will be uninterrupted, quick, secured or error-free,
Defect will be corrected, or the Plyce Service or the server that makes them available are free of viruses or other harmful components;
All information that you will obtain thanks to the use of Plyce will be true and reliable;
The use of the Service will come up to your demands.

No warranty, condition or other specification (including all unsaid warranty relating to the satisfied quality, the respect of a particular use or the conformity to the given description) does apply to Plyce, except if a contrary disposition forecasts it in these Terms of Use in the limit of its disposition.

Plyce will not be liable because of a member wrong conduct.

The Plyce Service and all the Contents and information (included, without any limit, text, graphic, link or all information or Content obtained or reached via Plyce), products and services included are provided “as is”, and without warranties of any kind either express or implied. Plyce disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non- infringement of proprietary rights.

No specification of these Terms of Use will affect your rights as a consumer because the modification or the giving up by contract is impossible.

Article 10: Advertisings

Plyce will be financed by advertisings. So, Plyce can display advertisings and promotions. These advertisings can target the content thanks to the information about you known thanks to the application.

The modalities and the field of these advertisings displayed by Plyce on Plyce can be modified without prior notification.

In compensation of the application and website access, and their use, you agree that Plyce displays advertisings.

Article 11 –The work of Plyce

You may dispose abilities, materials and software required to use Internet. You agree that the specificities and the confines of Internet cannot permit to guaranty the availability, the security and the integrity of the Internet data communications.

Plyce does not guarantee that Plyce will work without interruption and without dysfunction. Its exploitation could be interrupt for care, update or technical amelioration, or to ameliorate the content and/or the presentation.

If possible, Plyce will previously inform its members about updates and maintenances. You renounce to seek Plyce responsibility because of the working or the exploitation of Plyce.

As well, Plyce responsibility will not be seek for dysfunction, impossibility of access or Plyce bad conditions of working because of a non adapted equipment, disturbance due to internet supplier, busy server and/or for any other reason due to an external issue.

Plyce will not be liable for indirect damages and notably the loss of the data or recording suffered by you.

Plyce can modify or ameliorate at all time the content of Plyce, the Service or the applicable Terms of Use.

These modifications will enter into force straight after the first edition on the Plyce’s website without any obstacle for the member to cancel his adhesion.

Otherwise, Plyce will consider that you agree to these modifications by continuing to use Plyce. The presence of a member on the website and/or the application means your acceptation of all revision or modification of the website and its application.

Article 12 – Links to third party websites

For your easy accessibility Plyce or members may include links to websites on the Internet that are owned or operated by third parties. Upon following a link to such third-party website, you shall review and agree to that website's rules of use before using such websites.

You agree that Plyce has no control over the content of third-party websites and cannot assume any responsibility for services provided or material created by such websites. A link to a third-party website does not imply that Plyce endorses the websites or the products or services referenced in the website. Plyce can at any time and in its own discretion remove such links.

All person publishing links shall obtain a prior authorisation by the resources holder protected by intellectual property.

The use of links pointed on Plyce website pages, even partially, is submit to following conditions:

• Are authorised without any formality :

Links towards the Plyce website;
Pictures links towards the Plyce website.

• A prior and express authorisation by the person in charge of the publication is necessary:

All reproduction, representation, of all or part of the website;
The representation of an Plyce website page in a frame which does not belong to this one (framing technical)
The insertion of an Plyce website picture in a page which does not belong to this one (in-line linking technical).

Article 13 – Governing Law – Jurisdiction

These Terms of Use are governed, interpreted and applied by French law.

The interpretation language is the French in case of a contestation on the meaning of a term or on a disposition of these Terms of Use.

Subject to Public order dispositions in matter of jurisdictional competence, Plyce’s resort jurisdictions are the only ones competent to know all cases relating to these Terms of Use, including, without limiting its enumeration, its validity, interpretation, execution and/or its realisation and its consequences.

No updates have been made at this time.