Welcome to WOZAIK! By using the services proposed by WOZAIK website (the “Site”), the User (“You”) agree to abide and be bound by these Terms of Service (the “TOS”) and/or any revised version. Any new service available on the Site or any modification of an existing service shall be governed by the TOS. WOZAIK can modify, at any time, the current TOS, to take into account any legal, editorial of technical evolution. The version which prevails is the online version accessible at Terms of Service. We strongly encourage you to regularly review the TOS.
The Site and the associated services are operated by WOZAIK, "Société Anonyme à conseil d’administration", located at the 15th rue Oberkampf, 75011 Paris, France, and registered under the number 503-958-142 at the “Registre du commerce et des Sociétés de Paris” (“WOZAIK” or “We”).
The Site is hosted by the Company OVH.
Direct all complaints concerning WOZAIK and/or related to the rights of third parties to report_abuse@wozaik.fr .
WOZAIK provides its Users (“You”), for a non-commercial personal use, a Service that allows them to host and personalize (the “Service”) a series of online services and Third-Party Content (“Content”), such as, but not limited to, RSS feeds, podcasts, websites clips, or any item that can be posted by a User and made accessible to other Users. User aggregates on the Site these Contents through “Visual Bookmarks”. On the Site, the User can customize his personal space, add, delete, move or edit each “Visual Bookmarks”
Content can be added directly from the Site or from other websites thanks to tools provided by web browser extensions or bookmarklets, which can be installed by the User. Third-Party Content are provided by other Users or by professional content providers. Users can send Content to each other or share Content among them.
WOZAIK is neither a content publisher nor a content editor.
Important Information
To access and use the Service, you must be legally capable of entering into a binding agreement and acknowledge that some Third-Party Content might be found offensive by some and might not be suitable for individuals under the age of 18. You must also abide by all applicable statutes and regulations in the United Kingdom and in the United States and, if applicable, in your home country.
You also acknowledge that the activity of creating, submitting or sharing Your Content may give rise to various types of legal liabilities and you represent that Your Content (whether or nor you are the author of said content) complies at all times (both when first submitted and throughout its accessibility on the Site) with the TOS and all applicable laws.
You hereby acknowledge that WOZAIK is not responsible for the Content that you store, hosts or publishes though the Service and commit to make any claims against WOZAIK from third-parties which rights would have been infringed by the your Content. You therefore acknowledge that, through the Service, WOZAIK acts as a simple hosting party and that you are the sole and only publisher responsible for the Content you submit to the service. WOZAIK does 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.
You can help us to block illegal content by flagging the following contents:
- - Child pornography contents;
- - Violent or pro-violence contents against self, others or property, including revisionism, terrorism and crime against humanity apologetic content;
- - Hate or discriminating contents based on race, ethnic groups, gender, religion, sexual orientation or a handicap;
- - Contents hurting human dignity;
- - Contents that infringe third-party image rights, intellectual or industrial property rights or privacy rights;
- - Contents that contain any information or contents that are illegal;
To flag unlawful content, send us an e-mail to report_abuse@wozaik.fr with the tags associated to this content, or send us directly the unlawfull content to report_abuse@wozaik.fr .
Registration, Email and Password
You do not need to register nor provide any personal data to access and use the Service. However, if you wish to access your WOZAIK personal spaces from any computer or use the sharing functionalities, you will need to open an account by providing a valid email address and a password of your choice. Your email address must remain valid as long as your WOZAIK account remains active and it is your responsibility to update it should it no longer be accurate or current. More generally, all personal information communicated to WOZAIK must always be promptly updated as soon as it stops being true, complete, accurate, or current.
Your password is confidential and you shall not communicate it to any third-party individual or website. You should immediately contact WOZAIK at report_abuse@wozaik.fr should you have reason to believe that your password is being used by an unauthorized third party. You shall be liable for all actions taken with your password as well as for any loss or liability consequential to such use. Should the information provided by the User to WOZAIK turn to be inaccurate, incorrect, outdated, incomplete or misleading, or in the case of any violation of the TOS, WOZAIK will have the right to suspend or terminate the User Account of the User, without notice and without prejudice or any claim. WOZAIK will also have the right to deny the User any right to access the Service either temporarily or permanently.
Posting and Sharing Content
You may post and share Your Content with other Users of the Service. You understand that you may share Your Content under your sole responsibility and represent that you own all the rights to, or have secured the necessary authorizations for Your Content. As WOZAIK does not exercise any control over Third-Party Content, when posting Your Content it is your responsibility to clearly and truly identify its actual or potential nature to ensure its classification in the proper category. For the good operation of the Service and in order to protect other users, it may be necessary not to share your Visual Bookmarks with other Users, for example Visual Bookmarks with pornographic Content. To do so, you just have to make private your Visual Bookmarks. You shall verify that Your Content is in compliance with the TOS and, more generally, is not harmful or unlawful. You understand that you may not request any payment from WOZAIK for posting or sharing content.
Conduct of Users
As a condition for accessing and using the Site and the Service, you agree:
- - Not to post, share, or otherwise transmit any content that is unlawful, obscene, harmful, threatening, defamatory or hateful or that contains objects or symbols of hate, invades the privacy of any third party, or is otherwise objectionable;
- - To respect the privacy of others and the confidentiality of the information you may receive and not to post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- - Not to harass any other user of the Site or to impersonate another user by any means including by using her/his email address and password;
- - To always provide truthful, sincere and actual personal data and information and to update said data and information as needed so that they remain true, complete, accurate, and current;
- - To respect the rights of others and, more generally, all applicable laws and regulations relevant to your use of the Service, and not to make available any content that you do not have the lawful right to transmit (including any content that would violate any confidentiality or fiduciary obligations you might have), that would infringe the intellectual or proprietary rights of any third party (including, but not limited to, copyright, trademark, service mark or patent rights), or that would violate the right of privacy or publicity of any public or non-public persons;
- - Not to engage in any conduct or to post or share any content that would interrupt, destroy, limit or more generally harm the Site and/or the Service or enable you to gain unauthorized access to the Site, including by using viruses, malicious computer code, programs or files;
- - Not to reproduce, copy, sell, or commercially use (including the right to access) in whole or in part, the Service and/or Site.
- - Not to harm WOZAIK’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;
In case of any violation of the above, WOZAIK reserves the right to cancel or rename your account and/or to block you from accessing the Site as well as to disclose any information as necessary to satisfy any law, regulation, governmental request or partner request, at its sole discretion. WOZAIK also reserves the right to block the distribution of Your Content or any Third-Party Content through the Service.
Further, you represent that you shall hold harmless (including reasonable attorneys’ fees) WOZAIK, its affiliated companies, its principals, its agents, its administrators, and its employees from and against any claim by any third party arising out of or connected with the use of the Service, the violation of the TOS or of any other document therein, or, more generally, the violation of the law.
WOZAIK 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 WOZAIK to bundle the User’s Content with advertising or promotional messages of any kind. More generally, the User accepts that WOZAIK 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 WOZAIK 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 WOZAIK upon the termination, whichever comes last.
WOZAIK respects your privacy and that of others. The personal information requested (email address and password) is necessary to make your WOZAIK personal space web pages available from any computer and/or to safeguard your selections in case of deletion of the cookies files on your computer.
Nature of Personal Information Collected by WOZAIK
We may collect and process both information that you voluntarily communicate to us in order to access our Service (such as your email and password) and data related to your preferences and traffic (such as your IP address or the modules selected). You do not need to open an account and provide us with personally identifiable information to use our Service. Some personal information may be necessary to access some aspects of our Service. We will never collect or process personal data pertaining to, directly or indirectly, your race, your political, philosophical, or religious views, your health, or your sexual orientation.
Non-Personally Identifiable Information & Cookies
Traffic
Traffic data are generated when your computer connects to the Internet and to the Site and are not sufficient alone to identify you. We may collect the following information: origin of the connection (ISP), IP address, type and version of your Internet browser, length of connection, etc. These data may be used for statistical purposes to analyze the traffic (most and least-viewed modules, favorite itineraries, activity per day and hour, etc.) and to improve our Site by adapting it to your tastes. Traffic data are always processed anonymously.
Cookies
We may place “cookies” on your computer hard drive to record your visit and to restore your WOZAIK access when you connect with your usual computer. These small files may contain, for instance, traffic data and your preferences.
You may suppress cookies after your visit or configure your Internet browser to prevent them. However, you should be aware that in this event your preferences will be lost if you do not have a WOZAIK account. Please refer to the help file of your Internet browser for the adequate configuration.
Processing of your Personal Information
We collect and process your personal information in a fair and lawful manner and in respect of your rights. WOZAIK is the entity responsible for processing your personal information. The personal information collected helps us to know you better and to improve our Service.
Retention of Your Personal Information
Security
The personal information that you communicate to us is safeguarded on WOZAIK servers. We use our best efforts to prevent any interference with your personal data such as loss, diversion, intrusion, unauthorized divulgation, alteration, or destruction.
Cancellation of Account
At any time you may request by email at support@wozaik.fr that your account be cancelled and that all associated personal information be deleted. Please note that in this event all your preferences will be lost.
Communication from WOZAIK
We may send you email to the address associated with your account for technical or administrative purposes or to inform you of the evolution of our Service. We will not send you commercial offers unrelated to WOZAIK.
Transfer of Your Personal Information
We undertake not to share your personal information with or transfer it to third parties unless you have consented prior to said sharing or transfer. We will never share your personal information with third parties that do not guarantee an adequate protection. Please be aware that we may provide your personal information if we are required to do so by law or are compelled by a court of law.
Right to Access, Modify, and Delete Your Personal Information
We inform you that you have the right to access, modify, object to the processing of, and request the deletion of the personal information collected or processed by WOZAIK. You may modify your password by clicking on the “option” button on your personal space. You may also modify your data by sending us an email.
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, and/or adapt any Content or 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 WOZAIK 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 WOZAIK.
Access to the Site
WOZAIK is the sole holder of all proprietary rights to the Site and the Service including the users’ databases. Any reproduction, display, publication, transmission or, more generally, any unauthorized use of the Site or the Service may trigger your liability and result in criminal or civil legal action. You undertake not to access the Service by any means other than those made available to you by WOZAIK. The use of Third-Party Content may only be done in compliance with the authorization or license granted by the respective rightholders.
Intellectual Property – Copyright
The Site is an original work protected by intellectual property laws and international conventions. Its structure and the Third-Party Content available may be protected by copyright or any other intellectual property right. You warrant that you will not modify, lease, borrow, sell, or distribute these works, or create derivative works based wholly or partly on the Site or on Third-Party Content. You may access the Site for your personal and private use. Printing is limited to your personal non-commercial use; any other use or communication is prohibited without receiving prior written consent of WOZAIK.
Trademarks
The registered WOZAIK trademark and logo and all other WOZAIK trademarks are owned by WOZAIK. You agree not to use or communicate said trademarks or logo without our written consent.
Intellectual Property of Others
We respect the intellectual property of others. If you believe that material over which you have rights has been reproduced or used in such a way as to constitute an infringement, please contact us at report_abuse@wozaik.fr with your personal information, a description of your work, the location on the Site of the potentially infringing material, a statement of the rights you have asserted over the work, and a statement of the absence of authorization given to the party using said material.
Limitation of Liability
The Service and the Site are made available to you “as is.” WOZAIK makes no warranty, whether implied or express, as to the Service and the Site. In particular and without limitation, we may not warrant the continuity and quality of the Service available on this Site, or the fact that the Site will be permanently accessible, or that our users will not violate the TOS or our privacy policy. We may limit the use of our Service. We may not be held liable for the failure to make available, or for the deletion of, content or messages exchanged between users.
You understand that you are accessing and using the Site and the Service at your own risk. WOZAIK may not be held liable for your reliance on any information or data you may have accessed, directly or indirectly, through the Service, nor for your accessing or downloading of any material, program, or file through the Service. WOZAIK may not be held liable for any loss of data or for any damage to your computer system or any other device used to access the Service.
Although we use our best efforts and all available means to ensure the confidentiality of your personal data, we may not be held liable in the case of a breach of said confidentiality, regardless of its cause (including, but not limited to, technical difficulty, intrusion into our data processing system, or human mistake).
More generally, you accept that we may not be held liable for any consequential, special, or incidental damages, direct or indirect, resulting from the access to or use of the Service and/or Site and that the limitation of liability applies to WOZAIK SA and to its affiliated companies, principals, directors, agents, and employees.
Third-Party Content - Links
Web pages of the Service can contain hypertext links to third-party sites upon which WOZAIK does not exercise any control, including advertisers. WOZAIK is not responsible whatsoever for the content of these sites. The presence of the links on the Service does not mean WOZAIK approves of neither these sites nor their content. WOZAIK 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 WOZAIK can not be held responsible for any failure to perform any obligations to the Users resulting from the use of such sites.
Wozaik gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive licence to use the software provided to you by Wozaik as part of the Service as provided to you by Wozaik (referred to as the “Software” below). This licence is for the sole purpose of enabling you to use and enjoy the benefit of the Service as provided by Wozaik, in the manner permitted by the Terms.
You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Wozaik, in writing.
Unless Wozaik has given you specific written permission to do so, you may not assign (or grant a sub-licence of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.
Update and Modification
We reserve the right to correct possible errors on the Site and, more generally, to modify, from time to time and without notice, the Site or any part thereof. We may not be held liable for any modification, interruption, or suspension of the Service or for any resulting damages.
Notices
We may send you notices via email, or display on the Site links to said notices. We may use this method, for instance, to inform you of future revisions to the TOS.
Termination of account
You may terminate your account at any time. In the case of violation of the TOS, we reserve the right to limit your access to the Site and/or to rename or terminate your account. You understand and accept that we may not be held liable for the cancellation of your account.
Severability
If any provision of the TOS is adjudged by a court to be void or unenforceable, this shall in no way affect any other provision of the TOS, which shall remain in full force and effect.
Entire Agreement
The TOS and the Privacy Policy constitute the entire agreement between You and WOZAIK and shall supersede any prior agreement.
No Waiver
A waiver by WOZAIK of any term or condition of the TOS shall not be deemed or construed to be a waiver of such term or condition for the future or any subsequent breach thereof.
Headings
The headings of the clauses do not form part of and shall not be read into the construction of the TOS.
Language
The TOS are written in two versions, one in French and the other in English. If conflicts appear between the two versions, the French version will prevail.
Choice of Law - Forum
The TOS and your relationship with WOZAIK are governed by French law. French courts shall have jurisdiction over any dispute arising out of or connected with the use of the Service or the Site.