Terms Of Service

Last update : 2008, May 2nd


Introduction

Thank you for your interest in WOOZTALK. The following terms and conditions govern your registration and use of WOOZTALK service.

WOOZTALK service is developed and edited by KURIOOS ITECH SAS.

You must agree to these Terms of Service to use WOOZTALK service

By using or registering to WOOZTALK service, you agree to these terms and conditions ("Terms of Service") and the Privacy Policy ("Privacy Policy"). You agree to accept notices electronically. Each time you use WOOZTALK, you reaffirm your acceptance of the current Terms of Service. If you do not wish to be bound by these Terms of Service, you may discontinue using WOOZTALK. You cannot use or sign up for WOOZTALK service until you have accepted these Terms of Service.

The Client is informed that under this agreement only the French version hereof (available on the French pages of the website http://www.wooztalk.com) shall be valid before the courts. The translation thereof herein referred to as "Terms Of Services" (i.e. this agreement) is available for information only.

WOOZTALK service

For purposes of these Terms of Service, the term "WOOZTALK" shall mean WOOZTALK software (whether preinstalled, on a medium or offered by download), WOOZTALK services, WOOZTALK website and all other software, features, tools, web sites and services provided by or through WOOZTALK from KURIOOS ITECH and KURIOOS ITECH's third-party vendors.

Additional Terms and Conditions for other Services

You agree and understand that certain WOOZTALK services, features and other premium services offered by or through WOOZTALK may be subject to additional terms and conditions or registration requirements. You agree to abide by these additional terms and you further agree that a violation of those terms while you are accessing those products with your WOOZTALK login shall constitute a breach of these Terms of Service.

Modifications to the Terms of Service

KURIOOS ITECH may change the Terms of Service at any time and in its sole discretion. The modified Terms of Service will be effective immediately upon posting and you agree to the new posted Terms of Service by continuing your use of WOOZTALK service. KURIOOS ITECH will provide at least 30-days' notice before any material changes take effect. If you do not agree with the modified Terms of Service, your only remedy is to discontinue using the WOOZTALK service and cancel your registration.

Requirements for Use or Registration to WOOZTALK service

The WOOZTALK service is intended for general audiences. You represent and warrant that you have adequate legal capacity to enter into binding agreements such as these Terms of Service. WOOZTALK service may require the user to register and provide information to KURIOOS ITECH, such as name, e-mail address, gender, date of birth, zip code,... (the "Registration Information"). If you register to WOOZTALK service, you agree to provide accurate and complete Registration Information and you agree to keep such information current.

You will need a valid form of identification to use WOOZTALK service, such as a valid login issued by KURIOOS ITECH or such other forms of user identification authorized by WOOZTALK. If you do not have a login, you can register for it on the WOOZTALK website. You may not (1) select or use a login of another person with the intention of impersonating that person, (2) use a login of anyone else without authorization, (3) use a login in violation of the intellectual property rights of any person or (4) use a login that KURIOOS ITECH considers in its sole discretion as being inappropriate.

Inactive Status

Unless you are a subscriber to WOOZTALK subscription service, you must use your login on a regular basis (e.g., log into WOOZTALK service) to keep your login and registration active. KURIOOS ITECH may cancel the registration and login and delete any data of any registered user who does not have a current subscription or who KURIOOS ITECH has determined in its sole discretion has not used such login for a period of ninety (90) days. If your login is cancelled, you will need to re-register to WOOZTALK Service and obtain a new login to gain access to registration-based features and tools. If the login that you previously used and which was cancelled has not been taken by another registered user of WOOZTALK, you may re-register with your cancelled login.

Registered User Information

The WOOZTALK Privacy Policy explains how KURIOOS ITECH collects and uses information and the choices you have with that information. You consent to KURIOOS ITECH using your registration information and other information collected by KURIOOS ITECH under the terms of the WOOZTALK Privacy Policy.

By registering with or using WOOZTALK service, you consent to the collection and use of your personal information and the transfer of this information to all countries for the processing and storage by KURIOOS ITECH. Additionally, you agree that KURIOOS ITECH may use the login to authenticate you on WOOZTALK service, help store your registration and transaction-related information, and enable you to take advantage of offerings from KURIOOS ITECH and its affiliated providers.

Your Responsibility

You are responsible for all activity made by you or anyone you allow to use your WOOZTALK account and login, including your family or friends. You agree to keep confidential the passwords associated with your account. You may not use WOOZTALK while driving, operating hazardous equipment, or engaging in other forms of hazardous activities. You agree to indemnify and hold harmless KURIOOS ITECH for losses incurred by KURIOOS ITECH or another party due to someone else using your account or password as a result of your failure to use reasonable care to keep your account information confidential or as a result of your failure to use reasonable care while using WOOZTALK service.

You are responsible for any materials you post or make available on or through WOOZTALK service, especially comments posts and chat participation.

Communications

You are responsible for obtaining your own Internet access, such as maintaining all telephone, computer hardware and other equipment needed for access to and use of the WOOZTALK service, and all charges related thereto.

You May Use the WOOZTALK service for Lawful Purposes Only

You may use WOOZTALK service for lawful purposes only. You may not post on or transmit through community areas (e.g., comments posts, chat, instant messaging products) or other means any material that (1) violates or infringes in any way upon the rights of others, (2) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent or otherwise objectionable, (3) encourages conduct that would constitute a criminal offence, (4) gives rise to civil liability, (5) violates any policies posted in any community areas or (6) otherwise violates any law. You also may not undertake any conduct that, in KURIOOS ITECH's judgment, restricts or inhibits any other user from using or enjoying the WOOZTALK service, including without limitation the community areas.

No Spam or Bulk Instant Messages

You may not use WOOZTALK service to send unsolicited bulk communications. Similarly, you may not authorize others to use your account to send unsolicited bulk communications, or cause unsolicited bulk communications to be sent by someone else. You may not harvest or collect information about WOOZTALK users from WOOZTALK service, including login, and use that information for the purpose of sending unsolicited bulk communications. Any violation of these provisions may result in immediate termination of your account and further legal action. You agree that KURIOOS ITECH may take any legal and technical remedies to prevent unsolicited bulk communications from entering, utilizing or remaining within WOOZTALK's networks.

Content You May Use

KURIOOS ITECH, its vendors and WOOZTALK users who lawfully post content such as information, communications, photos, video, graphics, music, sound and other materials ("Content") on WOOZTALK service own the property rights to that Content. The Content is protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary rights, and also may have security components that protect digital information only as authorized by KURIOOS ITECH or its vendors. You agree that you will not take any action to interfere with KURIOOS ITECH's or its vendors' ownership of or rights in the Content and you will not attempt to circumvent any mechanisms for preventing the unauthorized reproduction or distribution of the Content.

Content You Post to Public Areas

As explained in detail in the WOOZTALK Privacy Policy, KURIOOS ITECH does not read your private online communications when you use any of the communication tools on WOOZTALK service. However, if you use these tools to post Content or other information to public areas on WOOZTALK service (for example in public chat rooms or comments messages about websites), other online users will have access to this information and Content.

You may only post Content to public areas on WOOZTALK that you created or which the owner of the Content has given you permission to post. You may not post or distribute Content to public areas on WOOZTALK that is illegal or that violates these Terms of Service. By posting or submitting Content to public areas of WOOZTALK, you represent and warrant that (i) you own all the rights to this Content or are authorized to use and distribute this Content to public areas of WOOZTALK and (ii) this Content does not and will not infringe any copyright or any other third-party right nor violate any applicable law or regulation.

No Duty to Monitor

KURIOOS ITECH is not required to pre-screen Content available on the WOOZTALK service, including the content of any messaging that occurs on or through the WOOZTALK service, although KURIOOS ITECH reserves the right to do so in its sole discretion. KURIOOS ITECH is not liable for Content that is provided by others. KURIOOS ITECH reserves the right to remove Content that, in its sole judgment, does not meet its standards or does not comply with these Terms of Service, but KURIOOS ITECH is not responsible for any failure or delay in removing such material.

Changes to the Service

KURIOOS ITECH has the right at any time to change, modify, add to or discontinue or retire any aspect or feature of the WOOZTALK service including, but not limited to, the software, community areas, Content, hours of availability, equipment needed for access or use on your behalf either cumulatively or for any particular service or the availability of WOOZTALK service on any particular device or communications service. KURIOOS ITECH has no obligation to provide you with notice of any such changes.

WOOZTALK License to You

KURIOOS ITECH grants you a personal, non-exclusive, non-transferable limited license to install the software and services distributed by KURIOOS ITECH on WOOZTALK website in object code form only on any computer or device from which you wish to access the WOOZTALK service and to use the Software for the sole and exclusive purposes of connecting to and using the WOOZTALK service in accordance with these Terms of Service. You may not sub-license, or charge others to use or access the Software without first obtaining written permission from KURIOOS ITECH. KURIOOS ITECH occasionally will provide automatic upgrades to improve your online experience although these upgrades may not be consistent across all platform and devices. You agree to accept and to take no action to interfere with such automatic upgrades and related services.

You may not sell, assign, grant a security interest in or otherwise transfer any right in the Software or incorporate it (or any portion of it) into another product. You may not copy the Software. You may not translate reverse-engineer or reverse-compile or decompile, disassemble, make derivative works from, or otherwise attempt to discover any source code in the Software. You may not modify the Software or use it in any way not expressly authorized by these Terms of Service. You may not obtain the communications protocol for accessing the WOOZTALK service. Finally, you may not authorize or assist any third party to do any of the things described in this paragraph. You understand that KURIOOS ITECH's introduction of various technologies may not be consistent across all platforms and that the performance and features offered by KURIOOS ITECH may vary depending on your computer and other equipment.

Restrictions on Access to or Use of WOOZTALK service

You may access WOOZTALK service only through the interfaces and protocols provided or authorized by KURIOOS ITECH. You agree that you will not access WOOZTALK service through unauthorized means, such as unlicensed software clients, and that you will only use WOOZTALK service in conjunction with KURIOOS ITECH authorized products and components.

No Support by KURIOOS ITECH

You understand that your use of the Software is at your own risk and that KURIOOS ITECH provides no assistance other than the information posted on the WOOZTALK Web site located at http://www.wooztalk.com. KURIOOS ITECH is under no obligation to provide you with any error corrections, updates, upgrades, bug fixes and/or enhancements of the Software.

Third-Party Services

Third parties may offer from time to time applications or services to access WOOZTALK service. Your use of such third-party applications will be at your own risk and subject to the terms and conditions of those third-parties. KURIOOS ITECH does not represent and warrant that access and use of WOOZTALK service through these third-party applications will be compatible, uninterrupted, error free, without defects or that you will be able to access the WOOZTALK service at all times and locations of your choosing. You also agree that KURIOOS ITECH is under no obligation to provide you with any error corrections, updates, upgrade, fixes and/or enhancements to make WOOZTALK service accessible through these third-party applications.

Copyright Infringement

If you believe that your work has been copied and is accessible on a WOOZTALK service in a way that constitutes copyright infringement, please contact us at legal@kurioos-itech.com.

No Endorsement

WOOZTALK service may contain links to other web sites, resources and advertisers. KURIOOS ITECH is not responsible for the availability of these external sites nor does it endorse, or is it responsible for, the aesthetics, appeal, suitability to taste or subjective quality of informational content, advertising, products or other materials made available on or through such external sites. Under no circumstances shall KURIOOS ITECH or any of the affiliated providers be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to you in connection with the use of or reliance on any content, goods or services available on such external sites. You should direct any concerns to such external sites' administrator or Webmaster.

Disclaimer of Warranty; Limitation of Liability

DISCLAIMER OF WARRANTIES. YOUR USE OF THE WOOZTALK SERVICE AND SOFTWARE IS AT YOUR SOLE RISK. THE WOOZTALK SERVICE AND SOFTWARE ARE PROVIDED "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. SPECIFICALLY, KURIOOS ITECH DISCLAIMS IMPLIED WARRANTIES THAT THE WOOZTALK SERVICE AND SOFTWARE ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. KURIOOS ITECH DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WOOZTALK SERVICE AND SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE WOOZTALK SERVICE AND SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE WOOZTALK SERVICE AND SOFTWARE WILL BE CORRECTED. KURIOOS ITECH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE WOOZTALK SERVICE, SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. KURIOOS ITECH PROVIDES THE KURIOOS ITECH PRODUCTS AND SOFTWARE ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT USERS WILL BE ABLE TO ACCESS OR USE THE WOOZTALK SERVICE AT TIMES OR LOCATIONS OF THEIR CHOOSING, OR THAT KURIOOS ITECH WILL HAVE ADEQUATE CAPACITY FOR THE WOOZTALK SERVICE AS A WHOLE.

LIMITATION OF LIABILITY. KURIOOS ITECH'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH KURIOOS ITECH (INCLUDING WITHOUT LIMITATION YOUR USE OF THE SOFTWARE OR WOOZTALK SERVICE) IS TO DISCONTINUE YOUR USE OF THE WOOZTALK SERVICE AND SOFTWARE. KURIOOS ITECH SHALLS NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGE ARISING FROM YOUR USE OF THE WOOZTALK SERVICE, SOFTWARE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OR REGISTRATION WITH WOOZTALK SERVICE AND SOFTWARE. THESE EXCLUSIONS FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF KURIOOS ITECH HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, KURIOOS ITECH'S LIABILITY IN SUCH STATE OR JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. KURIOOS ITECH DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED THROUGH WOOZTALK SERVICE AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

Termination

KURIOOS ITECH has the right to terminate your account, your registration, the Software license or your access to WOOZTALK service for any reason, including, without limitation, if it, in its sole discretion, considers your use to be unacceptable, or in the event of any breach by you of the Terms of Service (either directly or through breach of any other terms and conditions or operating rules applicable to you). KURIOOS ITECH may, but shall be under no obligation to, provide you a warning prior to termination of your use of the WOOZTALK service.

Trademarks

All trademarks appearing on the WOOZTALK service are the property of their respective owners.

Purchases and Premium Services

WOOZTALK may from time to time give you the opportunity to purchase or subscribe to products and premium services on WOOZTALK service (collectively, "Premium Services"). You agree that your purchase or subscription of any Premium Service will be subject to additional terms and conditions that will supplement this agreement.

Any trial promotion (such as free trial time or trial access to a Premium Service) must be used within the specified time of the trial. You must cancel your account before the end of the trial period to avoid being charged a membership fee. Please note, however, that even during any free trial or other promotion, you will still be responsible for any purchases and surcharges incurred using your account and that you remain responsible for any telecommunications charges or internet access charges that you may incur while you use a Premium Service.

Your Payment Responsibilities

You must select a payment method to pay for your fees for any Premium Service and for all purchases made on WOOZTALK service. You must give KURIOOS ITECH accurate billing and payment information and keep this information up-to-date through the "My Profile" area in WOOZTALK software or on WOOZTALK website. You agree to pay KURIOOS ITECH for all charges incurred under your account, including all applicable taxes, fees and surcharges. You authorize KURIOOS ITECH to charge your designated payment method for these charges. If KURIOOS ITECH does not receive payment from your designated payment method, you agree to pay all amounts due upon demand by KURIOOS ITECH or its operators.

Every time you use a Premium Service, you reaffirm that (i) KURIOOS ITECH is authorized to charge your designated payment method; (ii) KURIOOS ITECH may submit charges incurred under your account for payment; and (iii) you will be responsible for such charges, even if your membership is canceled or terminated.

You are responsible for all charges incurred under your account, including applicable taxes, fees, surcharges and purchases made by you or anyone on your account.

You must notify KURIOOS ITECH's customer service about any billing problems or discrepancies within 90 days after they first appear on your Account statement. If you do not bring them to KURIOOS ITECH's attention within 90 days, you agree that you waive your right to dispute such problems or discrepancies.

Electronic Delivery Policy

KURIOOS ITECH, as an online business, transacts with its users electronically. WHEN YOU SIGN UP FOR WOOZTALK SERVICE, YOU CONSENT TO RECEIVE ELECTRONICALLY FROM KURIOOS ITECH ANY PRIVACY OR OTHER NOTICES, AGREEMENTS, DISCLOSURES, REPORTS, DOCUMENTS, COMMUNICATIONS, OR OTHER RECORDS (COLLECTIVELY, "NOTICES"). You agree that KURIOOS ITECH generally can send you electronic Notices in either or both of the following ways: (1) to the e-mail address that you provided to KURIOOS ITECH during registration or (2) KURIOOS ITECH may post Notices on a welcoming screen or top page of the relevant WOOZTALK service. You agree that certain premium services may also have their own Notice procedures. You must check your designated e-mail address regularly for Notices. You must have a personal computer with a modem connected to a communications source (telephone, wireless or broadband), a Windows-based operating system with an Internet browser and Internet e-mail software in order to access electronic communications. You will need a printer attached to your personal computer to print any Notices. You can retrieve an electronic copy and a printable version of the Terms of Service by clicking on the "Terms of Service" link on the home page of www.wooztalk.com. The delivery of any Notice from KURIOOS ITECH is effective when sent by KURIOOS ITECH, regardless of whether you read the Notice when you receive it or whether you actually receive the delivery. Your only method of withdrawing consent to receive Notices electronically is to terminate any subscriptions, services or other products provided under these Terms of Service.

Miscellaneous

A. The provisions of these Terms of Service addressing disclaimers of representations and warranties, limitation of liability, indemnity obligations, intellectual property, Premium Services and governing law shall survive the termination of these Terms of Service, your Premium Services and your registration with the WOOZTALK service.

B. These Terms of Service and any operating rules for any areas of functionality of the WOOZTALK service established by KURIOOS ITECH constitute the entire agreement between KURIOOS ITECH and you regarding the subject matter of these Terms of Service, and supersede all previous written or oral agreements. In the event of any inconsistency between these Terms of Service and any such other terms of use or operating rules of a specific WOOZTALK service, these Terms of Service will supersede such other terms of service or operating rules. The Terms of Service shall be governed by and construed in accordance with the laws of France without regard to its conflict of laws rules. You expressly agree that the exclusive jurisdiction for any claim or dispute under the Terms of Service and or your use of the WOOZTALK service resides in the courts located in Paris in France , and you further expressly agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such claim or action. The foregoing provision may not apply to you depending on the laws of your jurisdiction. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.