General user terms and conditions
Preamble and legal information
Navx develops and operates Snapigo (here after the application) which is a free service for iPhone. The application consists of photographing, stocking, sharing and publishing visiting cards of places on the iPhone.
The General User Terms and Conditions presented here is only available in English and French.
This application called Snapigo, is developed and published by the company NAVX, SA with capital value of 161 818 euros, duly registered in the Register of businesses and companies of Paris, registration number 487 586 265, and is located at 129 rue Jules Guesde 92300 Levallois Perret - France. The Company was mentioned in a Declaration submitted to the National Commission on Informatics and Freedom on March 29, 2006 with the Declaration no. 1159692.
NAVX’s individual Value Added Tax number is FR 68 487 586 265. NAVX is headquarters at 129 rue Jules Guesde 92300 Levallois Perret - France. The Director of Publication is Mr. Florent BOUTELLIER, acting as the legal representative of NAVX
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Definitions
This General User Terms & Conditions and the Sales Agreement consists of the following definitions:
Web site: an interactive sales platform operated by the company APPLE Inc. on the internet and is accessible on the address www.iTunes.com. This platform allows users to download applications on the iPhone.
Application: interactive electronic service developed and operated by the company NAVX.
Client information: information related to the user. He provides his or her email ID.
User: A person registered or non-registered using the application.
Account: The user provides his email address on the application to access its functionalities and this client information constitutes his or her navx account which can be accessible by his or her email ID. When the Account is created, the User is registered.
Content: All data created or modified by the User such as pictures of visiting cards of places, comments and tags.
Free Service: A catalogue of free content and additional functionalities provided to users of iPhone.
Services: All the functionalities available on the application.
This document constitutes as of November 30, 2009 the General User Terms and Conditions of the application and services directly offered by NAVX on the website iTunes.
These Terms and Conditions may be modified. This User Terms and Conditions is in effect on the application from the date of registration and afterwards during its use. Hence, the users are advised to consult the application regularly in order to stay informed about any recent or future modifications.
Article 2 - Protection of the application
All deterioration or any unauthorized representation, reproduction, modification, commercial use in whole or in part of the various parts of the Application is prohibited, and any person or persons responsible for such actions risk or will be subject to prosecution.
Article 3 - Modification of Services
NAVX reserves the right to modify its services or improve them, as NAVX deems necessary or useful, and NAVX is not responsible for any damage of any kind which may ensue, due to such modification.
Article 4 – Availability of Services
All Services are normally available 24 hours a day, 7 days a week and throughout the year. NAVX nonetheless reserves the right to stop all access to Services without notice and without any obligations to reimbursements, and NAVX will not be responsible for damages of any kind resulting from such termination.
Article 5 – Users and Prospective Clients
The Services offered by NAVX are available only to persons of legal age, or minor persons who are authorized by their parents to use the application.
These persons should be residing in Europe and America (excluding French overseas territories, Monaco and Andorre) when using the application.
To use the Free Service, it is necessary to have an iPhone.
To use the application, the user must register using a valid email ID. The user alone is responsible of the consequences of the use of his account until its deactivation.
Article 7 – The price of Free Service
The application is free but the communication charges or tariffs related to the use of the application offered by Navx are at the charge of the user.
Article 8 - Obligation of the User
NAVX does not acquire any intellectual property rights on the contents created by the User and which is integrated in the data base of the community site. During the period of hosting of your content and strictly in the framework of the application, it is hereby agreed that you allow us to reproduce, represent, cede free of cost or for commercial reasons, transfer to third parties this content, according to the needs and requirements as well as by adapting to the right format.
The User declares that the aforementioned content that he creates on the application does not have any violent or pornographic content or character and that it neither constitutes (i) a violation of a person’s intellectual property rights, nor (ii) a danger to any person (especially defamation, insults, injuries, discrimination, racism, etc.) and an infringement to private life (which includes image rights), nor (iii) a danger to public order, customs and to the rules, regulations and laws in effect. Hence, the user guarantees us against any claim, action or demand by third parties which we could be subjected to and, with reference to this, he assures us to take overall responsibility of the sums, payments, damages, attorney fees and other expenses which we might be subjected to with or without knowledge of the legal injury caused.
NAVX reserves the right to suspension for all users, at its own discretion, without notice or any compensation for any breach of trust related to the User Terms and Conditions.
In case where an illicit content is uploaded via the application, NAVX can refuse to accept or suspend the content as soon as it is aware of it. Besides, you personally run the risk of penal sanctions specifically related to litigious content (imprisonment or payment of fine) in addition to the payments of damages.
Article 9 – Client information
The identifying Information collected with regards to the client upon creation of his or her account is for NAVX’s use. NAVX reserves the right to transfer them to third parties.
This information is necessary to manage the commercial relationship between the Client/User and NAVX. A client cannot create an account without providing certain personal information requested at that time. If the client does not wish the personal data requested during account creation to be retained, NAVX would be obliged to delete the new account.
Under the provisions of the Law on Informatics and Freedom of January 6, 1978, a client at all times has the right to access information that concerns him or her, and the right to demand rectification of his information if it is incorrect or incomplete, and the right to refuse its transfer to a third party, and a right to demand without legal expense that such information not be used for the purpose of sending commercial solicitations to the client, and more generally a right to refuse any kind of treatment such as it is defined in line 3 of Article 2 of the above-mentioned law. To take advantage of these rights, a request must be made in writing to NAVX – 129 Rue Jules Guesde 92300 Levallois Perret - France.
Also, as a result of the choices made by the Client during account creation, the client may receive newsletters from NAVX and/or its partners.
For the proper functioning of the application, the serial number of the apparatus of the user will be memorized and the geo-localization system will allow localizing the user in order to provide him or her pertinent or optimized content.
If the user wishes, he or she can synchronize the application with Facebook, by connecting to it from the application, in order to post comments on the Cards he or she publishes on his wall.
The client acknowledges being aware of the constraints and limitations of the Internet network. Under these conditions:
The client is responsible, just as any other person possessing an iPhone, for the protection of his or her technical equipment, especially from any form of contamination by a virus and/or any attempted hacking. Under no circumstance should NAVX be held responsible for such cases.
The client is solely responsible for the installation, operation, and maintenance of his or her technical equipment necessary to use the application. Under no circumstance whatsoever shall NAVX be held responsible if the service offered by the application turns out to be incompatible with, or causes the malfunction of, certain software programs, configurations, operating systems, or other equipment owned by the client.
The client is solely responsible for his or her use of the service, and shall not attempt to hold NAVX responsible in any claim and/or proceeding which may be initiated against the client. The client accepts to treat any such claim and/or proceeding directed against NAVX that is related to his or her use of the services provided by NAVX as his or her own personal business.
Finally, NAVX cannot be held responsible in cases of violations of the laws of a foreign country with reference to the content downloaded in that country.
Hypertext links may direct site visitors to other sites. NAVX cannot be held responsible in the case where the content of such other sites should violate the rights of some third party, or, more generally, if such content should infringe existing laws and/or regulations.
Article 11 – Applicable laws and litigation
This General User Term and Conditions are subject to French law. In case of litigation, and if efforts at finding an amicable solution have failed, the law courts of Paris shall be solely competent to hear the case.
