Conditions d'utilisation

Welcome to Cizoo™ a mobile application owned and operated by Cizoo ADG, SAS. These Terms of Service (the “Terms”) govern your access to, and use of, our application for mobile devices (the “Service”), and any information, text, graphics, photos, videos or other materials uploaded, downloaded or appearing on, or in connection with, the Service (collectively, the “Content”). Your access to and use of the Service is conditioned on your acceptance.

Acceptance

The access to the mobile application Cizoo™ implies to create a user’s account. During the process of registration, you will have the possibility to read the Terms. Moreover, you will have the possibility at any time to consult our Terms via the following URL: www.cizoo.io/tos The use of the mobile application Cizoo™ implies the full acceptance of the Terms.

Service

The Service is a hosting service which allows registered users to upload, post and share musics and lyrics, and to create audio-visual content combining self-created videos and own or third party musics and lyrics, which will be stored by us at the direction of registered users, and may be shared and made publicly available by registered users. Cizoo™ is a mobile application that enables to send musical message to your friends. You choose a song and film yourself talking, rapping or singing over it. With Cizoo™ you can send private message to your friends (in-app, Messenger, Whatsapp) and/or watch videos from other users in the public area of the application.

Basic Terms

You are responsible for your use of the Service, for any Content you post to the Service, and for any consequences thereof. The Content you submit, post, or display will be viewable by other users of the Service and through third party services and websites. You should only provide Content you are comfortable sharing with others in accordance with these Terms. You warrant that you own the rights to any content that you upload on Cizoo, and that any file uploaded does not infringes on the rights of third-parties. Should you infringe on third-party rights, you agree that will be held liable by Cizoo and the third-party for any financial or legal consequence.
The Service is always evolving and the form and nature of the Service may change from time to time without prior notice to you. In addition, we may stop (permanently or temporarily) providing the Service (or any feature of the Service) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.
We reserve the right to suspend, discontinue, withdraw, take down or amend all or part of the Service and all or part of the content available on the Service at any time to, for example, reflect changes to the law or new technical developments, temporarily or permanently. Any changes will take into account your reasonable interests, and we shall use our reasonable endeavours to notify you thereof in advance. Access to all or part of the Service may be restricted from time to time to allow for repairs, maintenance or updating.

Cizoo ADG Submission Guidelines

By submitting, posting, or displaying your video (“Content”) on or through the Cizoo ADG app (the “Service”), you represent and warrant that the Content conforms to the Submission Guidelines set forth below:

* Content cannot be sexually explicit or suggestive, unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, contain nudity or any materially dangerous activity;

* Content cannot promote alcohol, illegal drugs, tobacco, e-cigarettes, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message;

* Content cannot be obscene or offensive, endorse any form of hate or hate group;

* Content cannot defame, misrepresent or contain disparaging, libelous, tortious or slanderous remarks about Cizoo ADG, its Service(s), or other people, products or companies;

* Content cannot contain trademarks, logos or trade dress owned by others, or advertise or promote any brand or product of any kind, without permission, or contain any personal identification, such as license plate numbers, personal names, phone numbers, e-mail addresses or street addresses;

* Content cannot contain copyrighted materials owned by others (including photographs, sculptures, paintings and other works of art or images published on or in websites, television, movies or other media) without permission; Cizoo ADG does not permit the infringement of others’ rights and any use of materials not original to you (except copyrighted materials owned or licensed by Cizoo ADG) is grounds for Cizoo ADG’s right to remove such Content and/or terminate your access to the Service. Content may not include materials, images, graphics, music or trademarks belonging to any third parties or incorporate the names, voices, likeness or personas of any party other than yourself unless you have obtained all rights necessary to permit you to use same in connection with your Content;

* No background artwork should appear in the Content unless it is your original work. Any artwork, murals, etc. that can be seen in any Content must be created solely by you or you must be the sole owner of all copyright interests therein;

* Content cannot contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, without permission;

* Content cannot communicate messages or images inconsistent with the positive images and/or goodwill to which Cizoo ADG wishes to associate; and

* Content cannot depict, and cannot itself, be in violation of any law.

By submitting, posting or displaying Content on or through the Service, you grant Cizoo ADG an unlimited, worldwide, perpetual, license and right (but not the obligation) to publish, use, copy, reproduce, publicly display, process, adapt, modify, transmit and distribute such Content in any way, in any and all media, without limitation, and without consideration or notification to you.

By submitting, posting or displaying Content on or through the Service, you warrant and represent that such Content (a) does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity; (b) that you have obtained permission from a person who's name, likeness, or voice is used in the Content; and (c) that publication of the Content via various media including web posting, will not infringe on the rights of any third party rights. You agree to indemnify and hold harmless Cizoo ADG from any claims to the contrary.

Advertisements

The Service may include advertisements from time to time. The advertisements may be targeted to the Content or information on the Service, queries made through the Service, or other information. The types and extent of advertising on the Service are subject to change, at our sole discretion. In consideration for us granting you access to and use of the Service, you agree that we and our third party providers and partners may place such advertising on the Service or in connection with the display of Content or information from the Service whether submitted by you or others.

The Service is Available "AS-IS"

Your access to and use of the Service or any Content is at your own risk. You understand and agree that the Service is provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, Cizoo ADG and its partners disclaim any warranties, express or implied, of merchantability, fitness for a particular purpose, or non-infringement. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Service or any content thereon. Cizoo ADG will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Service, or any Content. You also agree that Cizoo ADG has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Service. We make no warranty that the Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from Cizoo ADG or through the Service, will create any warranty not expressly made herein.

Links

The Content may include links to third-party websites or resources. When you access third-party websites, you do so at your own risk. Third-party websites are not under Cizoo ADG control, and you acknowledge and agree that we are not responsible or liable in any way for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Cizoo ADG of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

Limitation of Liability

To the maximum extent permitted by applicable law, Cizoo ADG and its subsidiaries, affiliates, officers, employees, agents, partners and licensors will not be liable for any direct, indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, good-will, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the service; (ii) any conduct or content of any third party on the service, including without limitation, any defamatory, offensive or illegal conduct of other users or third parties; (iii) any content obtained from the service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not Cizoo ADG has been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Waiver and Severability

The failure of Cizoo ADG to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.

Entire Agreement

These Terms and our Privacy Policy are the entire and exclusive agreement between Cizoo ADG and you regarding the Service (excluding any services for which you have a separate agreement with Cizoo ADG that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between Cizoo ADG and you regarding the Service. Other than members of the group of companies of which Cizoo ADG is the parent, no other person or company will be third party beneficiaries to the Terms. We may revise these Terms from time to time. If we determine, in our sole discretion, that a revision is material we may notify you via a general update or e-mail to the e-mail associated with your account. By continuing to access or use the Service after those revisions become effective, you agree to be bound by the revised Terms. These Service is operated and provided by Cizoo ADG, SAS.

Invalidity

If any of the specification in the Terms proves to be invalid regarding the law, it would be considered as non-written and will not imply the invalidity of the whole present Terms.

The Tribunal with jurisdiction over any litigation regarding the execution or the interpretation of the Terms is the Tribunal of Paris.

Legal notices

Editor of the website
Cizoo ADG
SAS with a registered capital of € 13,619
14 rue Soleillet, 75020 Paris, France
6201Z
SIREN: 813 127 305
VAT: FR28 813 127 305
Contact page


Host of the website
OVH
SAS with a registered capital of € 10,069,020
RCS Lille Métropole 424 761 419 00045
2 rue Kellermann, 59100 Roubaix, France


These Terms were most recently modified and made effective on May 5th, 2020.