Terms of Use
PREAMBLE
Jiwok is a web service, published by Jiwok SAS, registered under number 493 402 762 in Paris, whose headquarters is located 44 rue René Boulanger 75010 Paris (Jiwok). "Site Jiwok (http://www.JIWOK.com) allows its subscribers (" Subscribers ") to be coached by professional coaches from the Internet via many tools.
Please read these Terms of Use ("Terms of Use"). If you refuse to be bound by these Terms of Use, you must exit the Site Jiwok. If you want to become a Subscriber and / or use the site Jiwok, you must read the Terms of Use and accept them during the registration process.
1. ACCEPTANCE OF TERMS OF USE
These Conditions of Use are accepted upon your use of the Site Jiwok or any Services Jiwok.
Jiwok using the site, you agree to be bound by these Terms of Use, you are a visitor or whether you are a subscriber. The term "User" means either a Visitor or Subscriber.
These Terms of Use constitute the entire agreement between you and Jiwok regarding use of the Site Jiwok; they remain in force even if the subscription to a service Jiwok, unless otherwise stipulated in the Conditions of Sale.
2. OBJECT
These Terms of Use are intended to define the conditions under which you agree to use the site and if Jiwok services Jiwok.
3. AMENDMENT TO TERMS OF USE
Jiwok reserves the right to modify these Terms of Use at any time, any changes will come into force upon its publication on the Site Jiwok. Continued use of the Site by you after Jiwok ever published a new version of the Terms of Use constitutes your consent to this new version. Therefore, it is important that you regularly read these Terms of Use to make sure you are aware of any changes that might be brought.
4. ELIGIBILITY
Use of the Site Jiwok and registration as a subscriber (the "Subscription") shall be considered null and void if they are made in violation hereof. By using the Site Jiwok, you represent and warrant that:
a) all information provided during registration is true and correct
b) you will maintain the accuracy of such information if necessary by amending your account
c) you are aged at least 18 years
d) your use of the Site Jiwok infringe any law or regulations.
e) using the services Jiwok only for its intended use.
Your account and subscription may be suspended without notice from us if we believe, given the information that you falsified your information in order to use the Site Jiwok.
5. LOGIN
When you register to become a Subscriber, we ask that you choose an identifier, composed an e-mail address and password (your "id"). You are entirely responsible for maintaining the confidentiality of your username. You agree not to use the account or ID of another Subscriber at any time or disclosing your id to third. You agree to immediately notify the Site or Jiwok LLC Jiwok if you suspect unauthorized use of your account or access your id. You are solely responsible for all use of your account.
6. LIABILITY Jiwok
Jiwok can not be held as an obligation of means regarding the operation of the Site Jiwok.
Jiwok can not be held responsible for any error, omission, interruption, deletion, defect, delay in operation or transmission, theft or destruction or unauthorized access or alteration of any disclosure of any User.
Jiwok can not be held responsible for any use of the Services Jiwok other than that provided by Jiwok.
Jiwok makes every effort to provide users with information and services checked, but can not be held responsible for errors, lack of availability of information and / or the presence of viruses on its site. The information provided by Jiwok on the Site or the Services Jiwok Jiwok are indicative. Jiwok does not guarantee the accuracy, completeness, timeliness of information available. Accordingly, the user agrees to use this information under his exclusive responsibility.
Jiwok reserves the right to temporarily suspend access to its services for technical reasons or maintenance operations only open without those entitled to any compensation. Jiwok undertakes to limit the maximum of its capabilities, this type of interruption.
Jiwok agrees to implement reasonable measures to ensure the security and confidentiality of data exchanged, as appropriate, in connection with your use of the Site Jiwok.
7. PROPERTIES OF THE COMPANY Jiwok ON THE SITE CONTENT Jiwok - RESTRICTED USE LICENSES
Site elements Jiwok including graphics, logos, designs, text, icons, scripts, applications, software functionality, and their selection and combination, with the exception of User Content - as defined below - legally published on the Site (collectively the "Site Content") are the exclusive property of the company Jiwok or their beneficiaries. The reproduction, imitation or affixing, or part of trademarks and designs owned by the company Jiwok is strictly prohibited without the prior written consent of the company Jiwok.
Content from the Site may be modified, copied, distributed, framed, reproduced, downloaded, displayed, published, transmitted or sold in any form or by any means whatsoever, in whole or part, without the prior written consent of Jiwok .
You may use the Site Jiwok and the Site Content as provided herein. Any use of the Site or Jiwok Site Content other than as provided herein, or in contravention of applicable law or the rights of third parties is strictly prohibited and will result in termination of the right to use the Site Jiwok. The Company may terminate the right of use at any time with or without cause and without notice.
All photographs illustrating the exercises: Vote Fotolia
You assign to expressly Jiwok the right for the world, for the duration of legal protection of intellectual property (including renewals and extensions), without limitation, reproduce, copy, sell, modify, edit, communicate, represent, distribute and generally exploit the content you provide through any communication whatsoever, including, but not limited to, through discussion forums, blog comment, email, downloading files and data entry; on any digital medium, physical medium, including electronic communication such as: website, good gift card, pre-paid, gift vouchers, flyers, cd-rom, poster, t-shirt, THE NETWORK telephone, etc. ... for any commercial and / or advertising.
9. MEDICAL WARNING
Consult your doctor or healthcare professional before starting any new exercise program Jiwok.
In general, it is for the User to take precautions to ensure that the user is in good health and physically able to practice training programs Jiwok.
In any case, Jiwok not be held liable for any direct or indirect result of the use of its website or training programs Jiwok. Jiwok has only an obligation of means, not results, on the objectives for training.
10. PRIVACY & NEWSLETTER
In accordance with the provisions of the Act of 6 January 1978 relating to data, files and freedoms, the automated processing of personal data carried out from this website has been declared to National Commission for Computing and Liberties under number 1247955.
This site collects personal data. You can request the modification, correction or removal by contacting us at info (at) Jiwok (.) Com
As part of improving our service to better inform you and coach you, you will receive a Newsletter (weekly or once every 15 days). If you do not wish to receive this newsletter, you can unsubscribe by simply clicking on the link that is in the newsletter.
Use of this website is governed by French law to the exclusion of any other legislation.
11. USER CONDUCT
You warrant that any material posted by you on or through the Site Jiwok shall prejudice the rights of third parties (copyright, trademarks, privacy, rights of publicity or other personal or proprietary rights) or not contains a defamatory, offensive or illegal, otherwise Jiwok LLC reserves the right to pursue any appropriate action, including removing the Prohibited Content or engaging in any action, including legal.
In addition, you agree not to use the Site or Services Jiwok Jiwok for:
harvest or collect email addresses or other information relating to other users of the Service or the Site by any electronic or other means for sending emails or other unsolicited communications;
use the Services or the Site Jiwok an unlawful manner or in any manner that could damage, disable, overburden, or impair the Site;
use automated scripts to collect information from the Service or the Site Jiwok or interact with the Service or the Site Jiwok;
post, publish, or store on the Site Jiwok illegal content (racist, discriminatory, pedophile, inciting violence, racial or ethnic hatred, malicious, bigoted, vulgar, obscene, fraudulent, harmful, illegal, abusive, libelous, invasive of privacy or rights of publicity, or otherwise objectionable, hereinafter an "illegal content");
impersonate another person or entity, falsify or conceal your identity, your age or your affiliation with a person or entity, or create any false identity;
disseminate all advertisements, solicitations, promotional materials, "junk mail, spam, chain letters, pyramid schemes, or other form of unauthorized solicitation or unsolicited;
distribute any personal data relating to a third party such as addresses, phone numbers, email addresses, or credit card numbers;
solicit personal information from users under 18 years or passwords or personal data for commercial or unlawful purposes;
broadcast any material that contains software viruses or any computer code, files or programs designed to interrupt, destroy or limit the functionality of software, hardware or telecommunications;
intimidate, harass or exploit others;
distribute or store content that constitutes or encourages criminal acts objectionable or provides instructions on how to commit, that violates the rights of another or is likely to incur liability to third parties or breaking the law local, national or international law;
publicly release information that may cause or create a risk to the confidentiality or security to any person;
disseminate false or misleading or promote illegal activities or conduct that is abusive, threatening, obscene or defamatory;
constitute or encourage illegal or unauthorized copies of protected works of others by copyright, including the provision of software programs or infringing content, or links leading to it, providing information to circumvent anti-protective devices or by providing copies of illegal music or links to pirated music files;
12. THIRD PARTY CONTENT
Jiwok Site contains links to other websites (the "Third Party Sites") and to articles, photographs, text, graphics, images, design elements, music, sound files, video clips, information, applications , software and other content or items belonging to third parties or by them (the "Third Party Content"). It is stated as such that:
Jiwok does not guarantee the accuracy, adequacy or completeness of Third Party Sites and Third Party Content.
Jiwok can not be responsible for third party sites accessible from the Site or Third Party Content posted, installed or available on the Site Jiwok.
Jiwok can not be responsible for the content, accuracy, offensiveness, opinions, reliability, practices relating to respect for privacy and other practices of Third Party Sites or Third Party Content.
Access to third party sites from the Site Jiwok or use of Third Party Content is at your own risk and at your own risk.
This software license is entered into by and between Jiwok and the person licensing the Jiwok app (hereinafter referred to as “Licensee”).
The Jiwok app is using the Spotify API. Through the use of the Jiwok app, Licensee will be able to access the subscription music service owned and operated by Spotify AB, which Spotify AB makes available to end users behind a paid subscriber wall (hereinafter referred to as the “Music Service”).
The Spotify API and the Music Service are proprietary to Spotify AB.
All intellectual property rights and copyright in and to the Spotify API and the Music Service are exclusively owned by Spotify AB.
All rights and obligations regarding this software license are by and between Jiwok and Licensee.
Spotify AB is neither liable for the Spotify API, its merchantability, fitness for a particular purpose or non-infringement of third party rights, nor for the Music Service, its availability or its accessibility via the Jiwok app.
Any collection of personal data is solely subject to the privacy policies of Jiwok and not to the ones of Spotify AB.
Portions of this software may utilize the following copyrighted material, the use of which is hereby acknowledged.
Base64
Copyright (C) 2010 The Android Open Source Project
Licensed under the Apache License, Version 2.0 (the "License"); you may not use this file except in compliance with the License.
You may obtain a copy of the License at http://www.apache.org/licenses/LICENSE-2.0
Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License.
Ne10
Copyright 2012-14 ARM Limited. All rights reserved.
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
* Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
* Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
* Neither the name of ARM Limited nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.
THIS SOFTWARE IS PROVIDED BY ARM LIMITED AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL ARM LIMITED BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Roboto
Font data copyright Google 2012
Licensed under the Apache License, Version 2.0 (the "License"); you may not use this file except in compliance with the License.
You may obtain a copy of the License at http://www.apache.org/licenses/LICENSE-2.0
Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License.
14. CLAIMS AND COMPLAINTS OF VIOLATIONS OF INTELLECTUAL PROPERTY RIGHTS AND THE RIGHTS OF THE PERSON
Insofar as we receive notification of the existence of material posted on the Site Jiwok may constitute an infringement of intellectual property rights (copyright, design, model, brand) or infringement of human rights (image rights, right to respect for private life) or illegal content, we promptly remove or disable access to the elements involved and / or we will terminate the accounts of repeat users. If you notice the non-respect of intellectual property rights or rights because of something posted on the Site, you may send a written notification by e-mail at info (@) Jiwok. com
15. TERMS OF SALE
Please see our Terms of Use for information on provisions applicable to the Services Jiwok, which shall remain in force even under free promotional services that are provided by the Site Jiwok. On the occasion of any order for Services Jiwok Jiwok the company or any subscription to a promotional offer Jiwok Services, you unconditionally accept to be bound by the Terms and Conditions. Conditions of Sale are subject to change at any time without notice at the sole discretion of the Company. You should always refer to each command Professional Services.
16. LIMITATION OF LIABILITY
IN NO EVENT Jiwok OR ITS OFFICERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY INDIRECT DAMAGES, INCLUDING ANY LOST PROFITS OR DATA ARISING FROM THE USE OF THE SITE OR THE SERVICE, ANY SITE CONTENT OR OTHER ITEMS ACCESSED OR DOWNLOADED FROM THE SITE, EVEN IF POSSESSION OR Jiwok LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, THE COMPANY'S LIABILITY TO YOU LLC Jiwok WHATEVER THE BASIS AND THE FORM OF ACTION, IS AT ALL TIMES BE LIMITED TO THE AMOUNT PAID BY YOU, IF ANY, TO COMPANY TO HAVE Jiwok LLC Jiwok SERVICES FOR THE DURATION OF YOUR REGISTRATION IN THE LIMIT OF 100 EUROS. IF YOU USE THE SITE Jiwok FREE, YOU AGREE THAT YOUR REMEDY IS LIMITED TO THE MEASURES TAKEN BY Jiwok LLC WITH RESPECT FOR THE LAW, AND THAT YOU CAN NOT CLAIM TO ANY COMPENSATION FROM THE COMPANY Jiwok LLC.
17. DURATION - TERMINATION
Terms of Use, or in their present wording in the version amended by Jiwok if any, shall remain in force throughout the duration of your use of the Site Jiwok and / or Services Jiwok.
Jiwok may cancel your registration for membership, with or without notice at any time in its sole discretion.
18. GOVERNING LAW AND JURISDICTION
Except in case of application of a mandatory law - which would apply only to the extent strictly to its subject, it is expressly
(I) these Terms of Use are subject to French law and
(Ii) any dispute between you and Jiwok under use of the Site or Services Jiwok will be subject to the jurisdiction of the courts of PARIS, France.
19. SEVERABILITY
Nullity, lapse, the absence of binding or unenforceability of any provision of these terms and conditions shall not constitute nullity, lapse, the absence of binding or ineffectiveness of other stipulations will retain their full effect.
General Conditions of Sale
Between
Jiwok ( "JIWOK"), registered under number 493 402 762 , located at 44 Rue Rene Boulanger, 75010, Paris.
And
The customer (hereinafter referred to as "Client") who makes an order for delivery on WWW.JIWOK.COM site (hereinafter the Website).
1. ACCEPTANCE OF TERMS AND CONDITIONS OF SALE
These general conditions of sale (the "GTC") are an integral part of the Terms of Use that govern use of the JIWOK Services.
All orders for JIWOK Services implies, as necessary and decisive, your unconditional support to these GTC. We can change GTC at any time subject to modifications that appear on the JIWOK site.
2. OBJECT
These GTC are intended to define the conditions under which JIWOK provides customer service over the internet for sports coaching.
3. ENTRY INTO FORCE AND DURATION
These GTC shall take effect from the date of confirmation of payment received by JIWOK's company bank. JIWOK Services posted on the JIWOK site remain in force throughout the duration of benefits as defined by the date the subscription type.
The duration of the subscription is one (1) month renewed by tacit agreement.
However, the Customer may choose a subscription of 3, 4, 5, 6, 7, 8, 9, 10, 11 or 12 months without tacit renewal. Therefore, the subscription will run for 3, 4, 5, 6, 7, 8, 9, 10, 11 or 12 months after the first term will be renewed for periods of 1 month.
Customer may also purchase gift vouchers, gift certificates, prepaid cards, etc. ... lasting 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 or 12 months. It is a single purchase without being renewed. At the end of the period purchased, the customer may purchase a renewable subscription of "one" (1) month by tacit agreement or purchase a new gift voucher. These gift vouchers, gift certificates, prepaid cards, etc. ... used to generate the mp3 training sessions, for the 30 days following each day of connection to the Jiwok website. This limitation allows the customer to benefit from the sessions he needs for his training and prevents saturation of the site by downloading too many.
4. PERIOD OF RETURN
Customer expressly acknowledges that the performance of services begins immediately after payment. Pursuant to Article L. 121-20-2 1 of the Commercial Code recognizes that the Client shall have no right of withdrawal.
5. OBLIGATIONS UNDER THE CUSTOMER SERVICE
The Customer undertakes to provide the company JIWOK with true, accurate and current information to perform the services. The Customer shall, if necessary, update this information.
Customer will be required to meet all its obligations under the Terms of Use. In particular, any User Content that it makes available through the JIWOK Services must comply with all obligations stipulated in the Terms of Use. Otherwise, JIWOK reserves the right at any time suspend the execution of services.
6. OBLIGATIONS OF JIWOK
JIWOK undertakes to use all its resources to implement the execution of services.
However, given the vagaries of Internet technologies and policies of technical service providers, JIWOK is required under the implementation of the Services, as an obligation of means and not results.
JIWOK reserves the right to temporarily suspend the JIWOK Services for technical reasons or maintenance without the suspensions giving entitlement to compensation for the benefit of Customer. JIWOK undertakes to limit the maximum interruption.
JIWOK has only an obligation of means, not results, on the objectives of the trainings.
7. RELATIONSHIP BETWEEN THE PARTIES
The provisions hereof can not be construed as creating any warrant of any kind between the parties.
JIWOK and Customer may be required of any solidarity with each other for obligations and / or rights set forth herein.
8. LIMITATION OF LIABILITY
THE LIABILITY OF COMPANY UNDER JIWOK BENEFITS TOWARDS THE CUSTOMER IS LIMITED TO THE AMOUNT PAID BY THE CUSTOMER IN THE LIMIT OF 100 EUROS.
The Client is also asked to note the limitations of liability set forth under the Terms of Use which these General Terms are an integral part.
9. TERMINATION
The Client may at any time cancel his subscription. However, the Client must perform this cancellation 24 hours before the end of current subscription. Otherwise, the termination of the subscription will be effective the following month.
10. FORCE MAJEURE
The liability under these GTC shall be suspended in cases of force majeure event. JIWOK can not be held responsible for any delay or failure to perform services.
If the force majeure event lasts more than forty days, either party may terminate this contract with immediate effect, without compensation.
11. SEVERABILITY
Any nullity, lapse, the absence of binding, or unenforceability of any provision of these Terms of Use shall not constitute nullity, lapse, the absence of binding, or unenforceability of other stipulations will retain their full effect.
12. PRIVACY
JIWOK will keep confidential information of any nature whatsoever, which has been transmitted by the Customer or which he may become aware during the performance of service, particularly regarding his music, his personal information.
13. UPDATING OF THE GENERAL CONDITIONS OF SALE
JIWOK is likely to regularily update these Terms of Use in respect of any judicial and technical developments. The Client is encouraged to take regular knowledge of these updates.
