Terms of service Starting: 02 March 2014
Welcome to Zyl
The service allows users to download, store and share photos and videos. The service is for users aged at least 13 years, and you warrant that you are aged at least 13 years. If you are aged at least 13, you can not access, visit or use the service.
Acceptance of Terms
You accept these conditions and agree to be bound by these conditions when you access, visit or use the Service or create an account in any Zyl apps. Please, read these conditions because they govern your access and your use of the Service. IF YOU DO NOT AGREE WITH THESE TERMS, YOU can not access or use the service.
Notice concerning the settlement of disputes: These conditions contain provisions which govern how the claims that you have between Zyl and you are resolved (see articles below). They also contain an arbitration agreement (see article below), which, with the limited exception, requires you to submit claims you have against us for a final and binding arbitration, unless you exclude the convention of arbitration. (A) You will be allowed to pursue claims against Zyl on an individual basis only, and not as part of a “class action” (group share) or a representative body and (B) you will be allowed to ask compensation (including monetary, injunctive relief, and declaratory relief) on an individual basis.
We may change these Terms. We will post any material changes to these Conditions of the service with a notice of the changes at least seven days before the effective date of the changes. If you have provided your email address, we may also inform you of important changes to these conditions by sending an email at least 7 days before the effective date of the amendment to the email address you have provided.
If you do not accept the new conditions, you can terminate your account within the period of 30 days applies and you will not be bound by the new terms. Otherwise, the new conditions will come into effect after 30 days. For the purposes of this provision, a “writing” does not include an electronic message and a signature does not include an electronic signature.
Accounts and sign in Zyl
You can visit and browse the service without creating an account Zyl but you will not be able to access certain features of the Service, unless you create a Zyl account. If you create an account Zyl, you agree to: (i) provide true, accurate, current and complete information about yourself as requested in the registration form for the Service (the “Registration Data”); (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete; and (iii) not to use the name of another person with the intent to impersonate that person or in a manner that causes confusion if not as to the origin of your account. If you provide false, inaccurate, not current or incomplete, or that imitates another person, or if Zyl has reasonable grounds to suspect that the information you provide is untrue, inaccurate, not current or incomplete, or assumes the identity another person, Zyl may suspend or terminate your account and refuse to allow you to use the service at any time.
Zyl - password
Zyl requires that you create a password associated with your user account. You are responsible for safeguarding the password and for any activities or actions taken by anyone using the Service under your password. Zyl encourage you to use a strong password.
Except for User Content (as described below in section ‘user content’), you agree that Zyl and its licensors or partners own all rights, title and interest in the service and all the documents provided by we in the Service, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights or photographs (the “Content Zyl”) and all intellectual property rights relating to the content of Zyl. You can not (and you may not authorize any third party to) copy, modify, create a derivative work of, decompile, reverse engineer, disassemble or otherwise attempt to discover the source code of the program’s functions. The Zyl name, logo and symbols and names are the trademarks and service marks Zyl. You agree not to display or use any Zyl marks without the prior written consent of Zyl.
A. Responsibility for the user’s content
Zyl allows you to publish content on the Service, including any comments, data, text, photographs, graphics, video, audio, messages, tags, pictures, illustrations or other materials (“User Content”).
You, and not Zyl, will be only responsible for all Content that you make available through the Service, for other users of the service, not Zyl, are the same responsibility for the content of the user they put available through the Service.
By posting Content to the Service, you agree to assume full responsibility of it and you accept : (i) you are the only owner of any Content that you make available through the Service and / or you have all rights necessary to make your content available to the other users through the service and Zyl grant the rights to your Content described in these terms, and (ii) all of your Content and other information you provide to us is true and accurate. Zyl has the right but not the obligation, to conduct a pre-screen, refuse or remove any Content that violates these Terms or that Zyl believes otherwise objectionable. If your account or Content were removed from service, Zyl reserves the right to retain your Content in order to make it accessible to other users of the service and also for backup, archiving, or verification.
B. Content on the Service
Zyl is an Internet service provider (an “ISP”) and assumes no obligation to monitor service on inappropriate or illegal content users. Zyl is not responsible nor necessarily holds the opinions expressed in User Content. Zyl does not endorse, guarantee, or assume any liability, obligation or responsibility for the users’ content, including, without limitation, liability for third party claims against users of libel service slander, infringement, invasion of privacy, violation of publicity rights, obscenity, pornography, profanity, fraud or misrepresentation.
C. User Content Storage
Zyl has the right to remove Content that you upload in any services that requires a storage space beyond the storage space associated with your account.
D. Rights of the User Content
Zyl does not claim ownership of your Content. However, you grant to Zyl, worldwide, royalty-free, perpetual non-exclusive right sublicensable, transferable, irrevocable license to use, distribute, publish, reproduce, copy, modify, adapt, display your Content in the Services only, all without compensation to you. Also, if your account settings allow Zyl make your user name or your profile picture visible to other users of the Service, you give Zyl permission to view your user name and photo Profile as part of any Content. You release Zyl from and against all claims of any kind that you may have against Zyl in the context of this use, including but not limited to, those based on publicity or privacy rights. You understand that the technical processing and transmission of data associated with the Service, including your Content, may require: (i) transmissions over various networks; and (ii) changes to your Content to conform and adapt to technical requirements of connecting networks or devices. You understand and agree that, contrary to other web sites or services, you will not have the opportunity, should not and must not try, subject only to a period of grace Zyl can select, its sole discretion, to provide from time to time (the “grace period”), to delete or remove any Content you shared with other users of the service. From the moment you import media into a shared album, you grant all participants in the album (including its creator) worldwide, royalty-free, non perpetual exclusive right sublicensable, transferable, irrevocable license to use, distribute, publish, reproduce, copy, modify, adapt, publicly perform and publicly display your User Content and to incorporate your User Content in any form, media or technology, and exercise all copyrights, trademarks, publicity and database rights you have in your Content in any media now known or hereafter in the service, all without compensation to you.
Zyl give you, worldwide, and royalty-free, non-exclusive and perpetual right sublicensable, transferable, irrevocable license, under all Zyl license fees by other users of the Service to use, distribute, publish, reproduce, copy, modify, adapt, publicly perform and publicly display the content, solely for non-commercial purposes, which (i) appears in the albums to which you have access through the Service, and (ii) has not been removed or expired during the grace period for that relevant effect, if any.
You agree to comply with the Acceptable Use Policy Zyl.
Zyl welcomes and encourages your comments, ideas and tips, and you acknowledge and agree that we are free to use without restriction or compensation.
Links to other sites
Products and services offered for sale on the Service
Occasionally, Zyl may offer products or services for sale on the service, either directly from Zyl or third party Web sites.
Products purchased from third parties
If you purchase products or services that offer third party products or services for sale through service, the transaction is only applicable between you and the third party concerned and will be subject to the terms and conditions agreed between you and the applicable third party. You agree that Zyl (as defined below) shall not be liable for any loss or damage suffered by you as a result of dealings with such third parties.
Products purchased directly from Zyl
Buying Zyl’s products and services is subject to the Terms and Conditions Price Zyl.
Close your account
You may close your account at any time by contacting us at firstname.lastname@example.org. If you cancel your account, you will still be able to access and view the sites, but you will not have access to features that are available for registered users of the Service. We may also terminate your account, or impose limits or restrict access to all or part of the Service at any time without notice or liability.
Disclaimer of warranties
Service is provided “AS IS”. To the fullest extent permitted by applicable law, Zyl and its parents, subsidiaries, affiliates, subsidiaries, leaders, directors, employees, agents, shareholders, members, and license (collectively, the “Parties” Zyl) disclaim all warranties, express or implied, including, but not limited to, warranties of merchantability, adequacy for a particular purpose and non-infringement. The Zyl Parties don’t guarantee that the service will be uninterrupted or error free, that defects will be corrected, that the service or the servers that make the service or the descriptions or representations product or other content available through the service is accurate, reliable, current or complete. You agree that your use of the service is at your own risk. You will be solely responsible for any damage to your computer system or loss of data results of download of any content through the service. Zyl Parties assume no responsibility for deletion, wrong delivery or non-conserveration du content or personalization settings.
Limitation of Liability
You understand and agree that Zyl Parties shall not be liable for any indirect, incidental, special, incidental or punitive arising from your use or access, or inability to use or access the service.
Please, report problems, offensive content, and policy violations by sending an email to email@example.com. We reserve the right, but no obligation, to remove any User Content from the Service at any time at our discretion. In addition, without limiting other remedies, we may, in our sole discretion, limit, suspend or terminate service accounts and users, block access to the service and its content, to delay or withdraw access hosted content and take measures to prevent users from using the Service if we believe they create problems (eg legal order) infringes the intellectual property rights of others, or acting inconsistently with the letter or spirit of our policies.
Zyl respects the rights of content owners and asks you to do the same. You are responsible for the content that you make available via the Service. When sharing content that is owned by third parties, such as images, articles or links, you must mention the original source. Zyl provides content owners with the ability to notify Zyl if they feel that their work has been used or shared in a way that constitutes a violation of copyright. Rights holders and their agents can submit notifications to Zyl according to the note DMCA Policy (USA) or by mail with A / R in France or Europe.
Stoping the service use
If you have a n argument with one or more other users of the Service, you agree to release Zyl Parties from all claims, demands and / or damages (actual and consequential) of any nature, known and unknown, which are related or not to this argument. Entering this release, you expressly waive any protection (statutory or not) who would know otherwise limit coverage of this version to include only claims that you can know or suspect to exist in your favor at the time of consent to the Version.
You agree to indemnify and hold the Parties of Zyl from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising from: (A) your User Content; (B) your use of the Service; © your violation of these Terms; or (D) your violation of any law or the rights of another party.
Choice of Law and Court
The French laws apply to these Terms and your relationship with the Zyl Parties, without regard to conflict of laws principles, and the parties irrevocably consent to bring an action to enforce this Agreement in the courts located in Creteil in Val Marne (FRANCE). You consent to the exclusive jurisdiction of the courts located in Creteil, Val de Marne.
Arbitration agreement and waiver of class actions
The parties will do their best to settle any argument, claim, question, or disagreement by good faith negotiations which should be a prerequisite for either originally part of a trial or arbitration. All resulting claims, or relating to these Terms and your use of the Service shall be finally settled by binding arbitration administered by the « Tibunal Commercial de Créteil (FRANCE), competent, in accordance with the regulations of commercial arbitration and additional procedures for consumers , excluding rules or procedures which allow class actions. The arbitrator, not a court or agency shall have exclusive authority to resolve all disputes related to these Terms, including, without limitation, any claim that all or part of these Terms is void or voidable. The referee is empowered to grant some relief and would be available for any action in a court. The decision of the arbitrator shall be binding on the parties and may be entered as a judgment by a competent court. The parties understand that, in the absence of this mandatory provision, they would have the right to sue and to have a trial by jury. They also understand that in some cases the arbitration costs may exceed the cost of litigation.
Waiver and appeal
The parties also agree that arbitration must be done personally only and not as a class action or other representative action. If a court or arbitrator determines that the class action waiver in this section is void or unenforceable for any reason or the arbitration can take place on a basis of “class action”, the arbitration clause set forth above shall be null and void in its entirety and the parties are deemed not to have consented to arbitration of disputes.
Claims-Litigation exception of the Small Claims Court
Despite the decision of the parties to settle all disputes by arbitration, each party may also seek redress in a small claims court for disputes or claims under the jurisdiction of that court.
Thirty-day right of retractation
You have the right to refuse and not be bound by the arbitration provisions and class action waiver set forth in this article by sending a written notice of your decision to retire at the following address: Zyl, 5A Avenue lattre de Tassigny, 94100 Saint Maur - FRANCE. The notice must be sent within 30 days of registration t, otherwise you will be bound to arbitrate disputes in accordance with these Terms. If you exclude yourself from these provisions on arbitration, Zyl won’t also be bound by them. In addition, if you choose to opt out of the provisions on arbitration, Zyl may terminate your use of the Service.
Special provisions for users located outside of France
The service is designed for French users and Zyl policies and procedures are based on French law. Moreover, the service can be used by users of all nationalities without exception.
The failure of Zyl to exercise or enforce any of these conditions or act with respect to a breach by you or others does not constitute a waiver and does not reduce our right to act in the event of violations subsequent or similar. If any provision of these Terms is held invalid, void or unenforceable under applicable law, the applicable provision will be construed, limited, modified or, if necessary, severed to the extent necessary to eliminate its invalidity. The securities are used for reference purposes only and do not limit the scope or extent of such section. These conditions (including policies and rules incorporated) sets forth the entire agreement between us relating to the subject matter hereof. Employees of Zyl Parties are not allowed to change the terms of these conditions, either verbally or in writing. If an employee of Zyl Parties proposing to amend these conditions it does not act as agent for Zyl Parties or can not speak for Zyl. You can not refer and should not act upon any statement or communication of an employee of Zyl Parties or any other person purporting to act on behalf of Zyl. These conditions are between you and Zyl; there are no third party beneficiaries. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms. If you have any questions about these Terms or if you have any questions about your account, please contact us by email firstname.lastname@example.org or by mail at Zyl - 5A Avenue de Lattre de Tassigny, 94100 Saint Maur, FRANCE.