Mobaps.com - Applications mobiles

PREAMBLE

The APPCITY company, (Société par Actions Simplifiée) a limited joint stock company with a capital of 60 000 (SIXTY THOUSAND) euros registered at the Paris RCS (Registre du commerce et des sociétés) ref no. B 517 626 701 the registered office being at 111 Avenue Victor-Hugo, 75784 PARIS CEDEX 16 France (hereafter " APPCITY"), edits a web site allowing access to online Applications accessible through the internet at the address: http://www.appcity.com (hereafter " The Site ").

The Site was created on the one hand for visitors to the Site to find Contents and Information about the applications and on the other to allow Site Members to exchange and share the Contents and Information on available Applications. The Site even offers to Subscribers, an access service to upload Applications on mobile phones as well as free Services, mainly supported by adverts.
We allow our Associates to select certain details of the Users, information about them, to whom they wish to contact for publicity purposes if, and only if, the User has authorised the Site to share their information details. With the Users’ authorisation, the Site uses the information that the Users share with the Site to dissimulate its publicity.

The Current User Details (Conditions Générales d'Utilisation) (hereafter « CGU ») defines the arrangements as are available to Users and Visitors.

DEFINITIONS

Subscriber: the person who holds the Account Subscription.

Applications: multimedia software products for mobile phones.

Account: either an Account Member or a Subscribed Account.

Account Member: the account created by the Member to whom a Username and a password has been issued, which are necessary for full access to all the Site’s facilities, apart from the “Abo” Service which needs a Subscription Account.

Subscription Account: the account created by the Subscriber to which a subscription username and a password have been issued, needed to use the “Abo” Service on the Site.

Contents: all multimedia content types (sound, pictures, videos, music, software, texts, files.....), apart from the Applications accessed on the Site, that are available to other Members, Subscribers, and Member’s Visitors, for whom he/she is entirely responsable.

Data: the contents and information that the Member and/or the Subscriber has made available to the Site and that does not correspond to the definition of the Contents. Member username: pseudonym chosen by the Member or given by APPCITY and allowing the Member to be identified along with the password in order to access the different Services of the Site.

Subscribers’ username: the subscribers’ email address allowing access to the “Apstheabonnement” (Apssubscription) Service.

Enrolment: the online enrolment procedure that the Member or the Subscriber has to carry out in order to access the requested Service. Knowing the Current User Details (CGU) and the particular details for certain Services, this procedure creates the Member Account and/or Subscription Account.

Member: the person who is the holder of a Members’ Account.

Password: confidential code attributed by APPCITY and allowing the User to be identified in order to access the Service.

Associates: advertisers and third parties.

Services: One or all of the services furnished and accessible on line from the URL of the Site: http://www.appcity.com. The Service is accessible via the following addresses http://abo.appcity.com and http://download.appcity.com as well as via the mobile application “m.appcity.com” or any other means that APPCITY puts at the disposal of Users for access.

Site: the internet site: http://www.appcity.com or any URL which could be substituted by APPCITY.

Information: all facilities whatever they may be: (sound, pictures, videos, music, software, texts, files.....) offered to Users and Visitors by the Site which is entirely responsible for them.

User: the person himself using the Site and the titleholder of the Member Account and/or the Subscription Account.

Visitor: an internet user on the Site without being registered.

OBJECT, VERSION IN USE AND ACCESS

a) The current user details (CGU) have for their aim, to define the conditions, in which the Users and Visitors can consult the Site, their enrolment to access the Services and use them.

b) Everyone who accesses one of the Services offered by the Site agrees to respect, without reservation, the accessible version online at the time of his/her using the Site and/or whichever of the Site’s Services, the CGU, completed for certain Services by the Particular Conditions. These conditions are made known to the Subscriber for his/her acceptance at the time of enrolment to the Service concerned.

c) The Site is free to update, at any time, the current CGU, taking into account modifications in the law, contacts, editorial, and or technical. The default version is that which is accessible online at: www.appcity.com

d) The user and/or Visitor acknowledges that the unique Site version of the CGU is the one that is found online at the Site, and accepts that he/she makes reference to it on every visit.

e) Visiting the Site is free and allows Visitors to access the editorial contents of the Site.

f) All available contents on the Site are the property of APPCITY or are conceded to APPCITY under license. This is protected by the author’s rights, maker’s rights and other rights appertaining to intellectual property or others held by APPCITY or its contractors. In consequence of which APPCITY grants its Visitors and Users the free right (with the exception of the “Abo” Service), non exclusive and non transferable personal access and use of the Site. All other rights are expressly excluded without a prior written agreement from APPCITY. The Site’s contents cannot be downloaded (with the exception of the “Abo” Service), copied, reproduced, distributed or used in any manner, to any ends, without the prior written agreement of APPCITY. The hypertext links on the Site for transfer to other sites on the internet network are not the responsibility of APPCITY, applicable to all the contents of these links direct or indirect.

g) APPCITY reserves the right to suspend temporarily access to all or part of the Site for reasons of maintenance, correction or updating.

h) In order to use one or more of the Site’s Services, the User should check that his/her equipment and software is compatible with those of the Site’s Services and that they do not create any disruption.

ENROLMENTS

3.1 General ways to enrol on the Site

(a) Upon enrolling online via the enrolment formula and all updates to your account, the User agrees to provide correct, exact and up to date information regarding his/her identity and age, hereafter “the data” and conforming to section 6 of the law n° 2004-575 of the 21st June 2004 hereafter “the LCEN”;

(b) The User agrees not to create an account under a false identity by using the identity of a person either real or fictional and/or furnishing false or untrue details or of a nature to be misinterpreted. If such a situation arises, APPCITY reserves the right to suspend or cancel, immediately and without recourse, the Member’s Account or the Subscription of the User and to refuse him/her access either temporarily or permanently to the Site.

(c) If you have selected a name for your Username or Subscription name, we reserve the right to cancel it, if we judge it as inappropriate (e.g. in the case where you are using a name that is copyrighted such as a trade name and that you cannot prove to be your family name);

(d) You must be THIRTEEN (13) years of age to open an account;

(e) After the validation of the current CGU and the particular conditions applicable for the requested Service, and the creation of his/her account, the User receives a validating email in his personal message system. It is only after this procedure that the User can be identified and have access to the administration interface and the management of his/her account;

(f) For Account security, the User agrees not to communicate to a third party his/her identity and/or password, and to allow someone else to use his/her Account so that the security of the Account cannot be compromised.

(g) The User is solely responsible for access to the Services by username and password. Their safeguard and confidentiality is wholly taken up by this username and password. In the event where there is a loss, misappropriation, fraudulent use of his/her username and/or password agrees to immediately inform APPCITY, by email according to the described methods of treatment as stated in section 5.3 below as this allows APPCITY to proceed with the suppression of the username and/or password.

(h) The duration of the validity of the Member’s Account is NINETY (90) days starting from the date of last access to the Services by the Member. After this duration and after the sending of a warning message, there not being a reply within 10 days of its being sent, the Member’s Account containing his/her Data and Contents and Information will be automatically erased without any claims on the action allowed. The username can then be made available to all other members who may request to use it, without any recourse. Nevertheless, even after the erasure of the Member’s Account, copies of the contents and information used could stay visible so that they can be accessed by other users. Your username will no longer be associated with the information and contents on the Site. The Site keeps copies to safeguard the erased Data for NINETY (90) days maximum starting from the erasure of the Member’s Account, they cannot be accessed by a third party so as to prevent false use and/or identity theft or other bad conduct.

(i) The user agrees not to use his/her Account for commercial purposes.

3.2 Methods of enrolment to the Services by minors

(i) Parental authority is a must, to determine which of the Service(s) their child can use and to determine the surveillance when using the Service(s)

(ii): minors less than 13 years of age on the date of enrolment are not authorised to enroll. If a User or a Visitor thinks he/she has found information showing that a person is less than 13 years, we request you to contact APPCITY via the procedure as stated in section 6.2.1 below.

(iii) All minors above the age of 13 have to have parental authorisation and/or have the person granting the authority present before proceeding to the enrolment stage, and before sending any information concerning themselves to the Services of the Site, APPCITY reserves the right to request written proof of the parental authorisation at any time, and to carry out the verifications, as well as erasing all Accounts of a minor who has not submitted this said justification within the time as was sent to him/her. APPCITY will erase the whole Account from the start of the Services on the request of a parent to close the Account. This request can be made via the procedure as is stated in section 6.2.1 below.

d) We actively encourage the parents and/or the person having parental authority to educate their children in the practice of using the internet safely. Information concerning this matter is to be found at: www.mineurs.fr

3.3 Minimum configurations for access to the Services

In order to use one or more of the Site’s Services, the User has to have at least the use of a mobile telephone, a valid SIM card allowing internet access, a computer with availability for internet access, both compatible with one or more of the Services. It is up to you to check that your equipment and software are compatible with the Service(s) and that they can do no harm.

These technical databases are subject to being updated and that the facts of this data are given in the CGU and the needs for the Particular Conditions applicable to the Services.

Users are advised that accessibility to the Services can be limited, sometimes impossible, in some places, as connection cannot be made.

The equipment and software allowing access and use of the Services are the responsibility of the User, as well as all fees involved. It is up to the User to acquaint him/herself with the cost of using the equipment and software and for them to pay the fees.

DESCRIPTION OF SERVICES

APPCITY furnishes Users with an interactive platform which comprises of:

Discussion Forum Service on the Applications.
This Service is reserved for Members and Subscribers, public discussions are carried out between members and/or subscribers. Nevertheless a Visitor has the option of seeing the contents of the Forum.
The Contents as put online by the User only reflect his/her opinion and are his/her responsibility. In any case APPCITY neither approves nor disapproves the expressed opinions and/or published Contents in the Forum by the Users.
The User agrees not to publish any defamatory matter in the Forum and therefore on the Site, anything injurious, xenophobic, racist, incitement of violence, damaging image of a third party, attacking the private life of a third party, obscene or pornographic material, attacking public order or morals.

The User also agrees not to:
sell a service to make money or other advantage
take over and/or steal another person’s identity whether real or fictional,
to interrupt the normal flow of dialogs or to commit any act having a detrimental effect on the capacity of other Users to communicate,
to re-enter via another connection or via another IP address after having been excluded temporarily or permanently from the Service.

The User agrees not to publish Contents which he/she does not have the necessary rights to reproduce, represent, or communicate to the public.

The User agrees not to express him/herself in a language other than the languages as stipulated by the Service.

The User is solely responsible for the personal data that he/she has given to the Site.

APPCITY reserves the right:

To use an arbitrator,
exclusion right, temporary or permanent, all Users, who, by their behaviour, spoil the good running of the Forum,
to immediately erase without warning all Contents which, in its opinion, violate the current terms,
to immediately suspend or erase without warning the publication of all Contents which are the subject of a claim by a third party taking legal action,
to immediately suspend or erase without warning the User Account who violates the current terms and/or Particular Conditions of the “Abo” Service.

Uploading Application Service hereafter called the “Abo” Service, reserved for Subscribers.
The subscriber is already approved to use this Service, the Particular Conditions which are applicable to him, can be seen at: www.appcity.com/Conditions-particulieres-Abonné/

PRIVACY AND DATA PROTECTION

Only the Services of APPCITY which are relevant to the following dispositions. It is up to the User to check the general conditions and/or particular usage of third party sites in order to assure themselves of the relative conditions for the collection and treatment of data of a personal nature of the said third party sites.

5.1 User obligations

The User is solely responsible for the Contents and/or the data that he/she provides, uploads, sends or transmits in whatever way to the Services or enrolment.

In a general manner, the User is prohibited from posting on a Service on the Site any Contents and/or Data as to his/her physique or nature (the following list of things prohibited is not considered to be exhaustive):

Contrary to public order or morals ;
Anything which could be considered as injurious, defamatory, racist, xenophobic, negative ness or carrying an attack on the honour or reputation of others, inciting discrimination, hatred of an individual or a group of people by virtue of their origins or their membership, or non membership, or their membership real or supposed to an ethic group, a nation, a race or a particular religion; Threatening a person or a group of people,
Of a paedophile nature;
Incitement to commit an offence, a crime or an act of terrorism or making an apology for war crimes or crimes against humanity;
Incitement to commit suicide;
Allowing a third party to procure directly or indirectly pirated software, series numbers of software, software which are for making pirated copies and breaking into information and telecommunication systems; viruses and in a general manner all tools for software or other devise allowing an attack on the rights of other people and on their security and welfare; violating private correspondence; violating personal rights (such as pictures, respect for their private life, and intimacies); Violating makers rights; breaking the law regarding promotional lotteries; violating the rights of authors ( software, sounds, pictures, photographs, texts, animated pictures, games, logos) and their related rights as to (artists, interpreters, producers of records and videos and the rights self generated by producers of databases); Violation in a general manner, personal rights and welfare.
To reroute the finality of one of whichever of the Services for propaganda purposes or proselytise, to use his Account or Forum contents for professional ends or commercially (canvassing, touting or prostitution)
to harass other Users in continuing to try or reissuing communications with all others who have clearly requested them to cease communications,
to reference or give access to a third party site in contradiction of the current rules.

5.2 Retention and cancellation period

The Services are furnished for an undetermined period. APPCITY has the facility to cancel, without prior notification, with no recourse or justification given, all or part of the Services furnished to the Users; the User must accept and understand this.

In the case where the User is unfamiliar with the current CGU, and Particular Conditions of whichever Site or more generally in the case of breaking the rules and regulations in place, APPCITY could cancel, without prior notification, with no recourse, all or part of the Services furnished to the User, to erase his/her Account, as well as all contents and/or Data that the User is the author of, the sender or the receiver, and this taken with immediate effect and prohibit access to those Contents and/or Data and/or Services, without prejudice to any damage or increases to which a claim could be made.

The User is informed and accepts that the details of his Account are analysed apart from the Users’ Contents and Data are kept by APPCITY for the necessary period for canvassing purposes (10 months after the last contact or if there is no reply after two successive messages) and for completion of advertising targets (6 months after the last mail).

5.3 Complaints procedures

In accordance with the law N°78-17 of the 6th January 1978, each User is entitled to rights of opposing, of access and correction concerning him.
Each User can exercise them, at any time, on simple request:
By registered letter to the following address:
APPCITY
Service Utilisateur
111 Avenue Victor HUGO
75116 Paris
FRANCE
By email : contact@appcity.com

USER RESPONSABILITIES

6.1 User responsibilities about the contents

The User declares and acknowledges that the Contents and/or Data made known to other Users stays as the exclusive responsibility of the sending User.

APPCITY does not exercise any control of the Contents and Data transmitted via the Services by the User, in consequence, APPCITY cannot be held responsable in any way for the Contents and/or Data in regard to the current regulations in force, any loss or following damage by the Use of any of the Contents and/or Data attached and/or transmitted in any fashion to the Services.

On the other hand by the free nature of the Services as are offered by APPCITY, the senior Member authorises APPCITY to be familiar with the Contents and/or Data of the Member that are disseminated on whichever of the Services, advertising messages or promotional texts, pictures, video or sounds, as determined by APPCITY in all its forms. In any case the Member cannot claim any sort of remuneration or retribution under the title of the current authorisation. If the Member wants to revoke the current authorisation, he should proceed with the closure of his Member’s Account. The said revocation will not have any future effects. All advertising or promotional actions that can be undertaken by APPCITY at the time of the Member’s Account’s closure can be maintained for the term’s length.

The senior Member authorises APPCITY to analyse the details of his profile apart from the Contents and/or Data that the Member has disseminated on whichever of the Services, advertising messages or promotional texts, pictures, video or sounds, as determined by APPCITY in all its forms. In any case the Member cannot claim any sort of remuneration or retribution under the title of the current authorisation. If the Member wants to revoke the current authorisation, he should proceed with the closure of his Member’s Account. The said revocation will not have any future effects. All advertising or promotional actions that can be undertaken by APPCITY at the time of the Member’s Account’s closure can be maintained for the term’s length.

6.2 Procedure

6.2.1 Content/Data Explanation procedure

APPCITY has an active aide for the explanation of all Contents, Data and/or illicit information via the description link : support@appcity.com

This link brings to the attention of the Users and to APPCITY all data making an apology for crimes against humanity, incitement to racial hatred or child pornography, incitement to violence or attacks on human dignity, as well as offences against the fifth and eighth paragraphs of section 24 of the law of 29th July 1881 on the liberty of the press, and to sections 227-23 and 227-24 of the Penal Code.

The warning message transmitted by APPCITY will automatically carry the date and time of the warning, the sender’s IP address, the reference of the document giving the incriminating Contents and/or Data. The User acknowledges being informed, in the case of the warning coming from a third party or by another means, about the illicit nature of the Contents and/or Data accessible by the Services or transmitted by the Services, APPCITY has the right to immediately retrieve these Contents and/or Data or to make access impossible, and transmit them to the legal authorities, on their request, the personal data of the contravening User his/her/their IP addresses and emails.

6.2.2 Procedure to lodge a complaint about the contents

APPCITY has an active aide for the explanation of how to lodge a complaint by a third party about the Contents and/or Data via the link support@appcity.com

Also, this link allows Users of the Service to find out about all data which is the subject of a withdrawal request for an offence against the rights of the author or a third party, to the rights of intellectual property, to privacy and intimate rights, to manufacturing and industrial property rights. The warning message transmitted by APPCITY automatically bears the date and time, the sender’s IP address, the document reference shows the incriminating Contents and/or Data.

The User acknowledges being informed, in the case of the warning coming from a third party or by another means, about the illicit nature of the Contents and/or Data accessible by the Services or transmitted by the Services, APPCITY has the right to immediately retrieve these Contents and/or Data or to make access impossible, and transmit them to the legal authorities, on their request, the personal data of the contravening User his/her/their IP addresses and emails.

INTELLECTUAL PROPERTY AND USER LICENSE FOR FILES AND CONTENTS

The Contents and Data that the User publishes on the Site belong to him/her.
The User has the title for the protection of the Contents and Data by intellectual property rights; this gives to APPCITY a free title, for everyone, a non-exclusive license, transferable, sub-license for the use of the Contents and/or Data protected by the title of intellectual property that is available to the Site. The duration of this license is limited to the duration of the Account being in existence.

The User acknowledges and accepts that the erased Contents and/or Data protected under the title of intellectual property rights can still be in existence for the safeguarded copies for a certain time (but that it is not available to a third party).

The User acknowledges and accepts that the Contents and/or Data protected under the title of erased intellectual property rights can still be in existence in the copies held in other User Accounts, when the Contents and/or Data are shared.

RESPONSABILITY LIMITS

The responsibility of APPCITY will not be applicable in the following cases:
in any abnormal use of the Services by the Users,
the use of the Contents and/or Data advertised, posted on line, sent, received or transmitted, by the Users or posted on the site of a third party,
of the creation, modification, erasing, or mistaken receiving, sending, transmission, or saving of the Contents and/or Data of the Users, remains the sole and whole responsibility of the User,
Of the use of the Service by a non authorised person,
In the case of the fault and lack of the User to the CGU and to the Particular Conditions applicable to certain Services and to the laws and regulations in force,
of force majure,
Communication of elements in its possession where requested by judicial warrant, the legal authorities, administrative authorities and sent to the police,
APPCITY cannot guarantee and give no guarantee in any way or nature, relative to the continuity of the Service, to the conformity, or the compatibility of the Service to its specific use other than those as defined in the current CGU and in the case of payment in the Particular Conditions applicable to certain Services, to the quality or the absence of defects or of the fault of one or more of the Services, to the eviction and non violation of the laws and regulations of the current CGU and in the case of payment of the Particular Conditions applicable to certain Services, of one or more of the Services by the Users. The User acknowledges and accepts the details and the limits of the electronic communication network, especially its technical performance, response times for consultation, to interrogate or transfer data with the risks linked to information security. One or several Services could be interrupted, especially for technical reasons not under the control APPCITY, or for maintenance reasons or updating of the Services. APPCITY will make, nevertheless, its best efforts to keep the Services open 7 days out of 7, 24 hours out of 24 except for the case of force majure, for independent technical reasons out of the control of APPCITY, or for maintenance reasons, or updating one or more of the Services.
It is the responsibility of the User to protect his technical equipment, especially against all forms of contamination by viruses and/or attempts at breaking into the system.

COURTS AND APPLICABLE LAW

The current regulations, are interpreted and applied conforming to French law, the language used will be French in the case where there is contention in the significance of a term or arrangement in use.

Under the reservations of the arrangements for public order applicable in legal matters, the Courts of Paris will hold sole jurisdiction in these matters.

CONFIDENTIALITY AND PRIVACY

The APPCITY Site has made a declaration to the CNIL, conforming to law No. N78-17 of the 6th January 1978 concerning information technology, to files and liberties, under the reference number 1428235. You can, at any time, access the personal data that concerns you or ask for their rectification or their erasure by a registered letter sent to (APPCITY, 111 Avenue VICTOR -HUGO, 75116 Paris, France) or by e-mail (contact@appcity.com), not forgetting to include your name, forename, date and place of birth, postal address, email address and your username. For more information on our confidentiality policy and respect for privacy, please see section 5 of the General Conditions of Use of the APPCITY Site, [Conditions Générales d'Utilisation du Site APPCITY.]

LEGAL MATTERS

The appcity site is edited by the APPCITY company.
APPCITY: is a SAS with a capital of 60 000 euros registered at the RCS in PARIS under the reference number 517 626 701 the main office being situated at: 111 Avenue Victor Hugo, 75116 Paris - France
Publication Director: Christophe Blaimont

Office: eNovance, SARL au capital de 24 000 euros, 56 rue de la Rochefoucauld, 75009 Paris, 501 847 313 RCS Paris

CONTACTS