1. Presentation of the site.
Under Article 6 of Law No. 2004-575 of 21 June 2004 for confidence in the digital economy, users of the site zmoothiez.com are informed of the identity of the various parties involved in its implementation and monitoring:
Owner : Zmoothiez – SARL – Nice – France
Creator : Afterglow
Publication manager: Zmoothiez – firstname.lastname@example.org
The person in charge of publication is a natural person or a legal entity.
Webmaster: Afterglow – email@example.com
Hosting provider: DreamHost, LLC – DreamHost PMB #257 417 Associated Road Brea, CA 92821 USA
2. General conditions of use of the site and services offered.
Use of the zmoothiez.com web site implies full acceptance of the following terms and conditions of use. These conditions of use may be modified or supplemented at any time, users of the site zmoothiez.com are therefore invited to consult them regularly.
This site is normally accessible to users at any time. However, Zmoothiez may decide to interrupt it for technical maintenance, in which case Zmoothiez will make every effort to inform users in advance of the dates and times of the intervention.
The site zmoothiez.com is regularly updated by Zmoothiez. In the same way, the legal notices may be modified at any time: they are nevertheless binding on the user who is invited to refer to them as often as possible in order to read them.
3. Description of the services provided.
The purpose of the zmoothiez.com web site is to provide information concerning all of the company’s activities.
Zmoothiez strives to provide the most accurate information possible on the zmoothiez.com web site. However, it cannot be held responsible for omissions, inaccuracies, and failures to update, whether caused by itself or by third party partners who provide this information.
All information provided on the zmoothiez.com web site is provided for informational purposes only, and is subject to change. In addition, the information contained on the site zmoothiez.com is not exhaustive. They are subject to change since they were posted online.
4. Contractual limitations on technical data.
The website cannot be held responsible for any material damage related to the use of the website. In addition, the user of the site undertakes to access the site using recent, virus-free equipment and with a latest-generation, up-to-date browser.
5. Intellectual property and counterfeits.
Zmoothiez is the owner of the intellectual property rights or holds the rights of use on all elements accessible on the site, including but not limited to text, images, graphics, logos, icons, sounds, software.
Any reproduction, representation, modification, publication, adaptation of all or part of the elements of the site, regardless of the means or process used, is prohibited, unless prior written permission of : Zmoothiez.
Any unauthorized use of the site or of any of the elements it contains will be considered as an infringement and will be prosecuted in accordance with the provisions of articles L.335-2 and following of the Intellectual Property Code.
6. Limitations of liability.
Zmoothiez shall not be liable for any direct or indirect damage caused to the user’s equipment while accessing the zmoothiez.com web site, resulting either from the use of equipment that does not meet the specifications indicated in point 4, or from the occurrence of a bug or incompatibility.
Zmoothiez shall also not be liable for indirect damages (such as loss of business or loss of opportunity) arising out of the use of the zmoothiez.com web site.
Interactive areas (possibility to ask questions in the contact area) are available to users. Zmoothiez reserves the right to delete, without prior notice, any content posted in this space that contravenes the laws applicable in France, in particular the provisions relating to data protection. If necessary, Zmoothiez also reserves the right to hold the user liable under civil and/or criminal law, in particular in the event of a racist, insulting, defamatory, or pornographic message, regardless of the medium used (text, photograph, etc.).
7. Management of personal data.
In France, personal data is notably protected by law n° 78-87 of January 6, 1978, law n° 2004-801 of August 6, 2004, article L. 226-13 of the Penal Code and the European Directive of October 24, 1995.
When using the zmoothiez.com web site, the following information may be collected: the URL of the links through which the user accesses the zmoothiez.com web site, the user’s access provider, and the user’s Internet Protocol (IP) address.
In any event, Zmoothiez collects personal information about the User only for the purpose of providing certain services offered by zmoothiez.com. The user provides this information with full knowledge of the facts, particularly when he or she enters it himself or herself. It is then specified to the user of the site zmoothiez.com the obligation or not to provide such information.
In accordance with the provisions of Articles 38 and following of Law 78-17 of January 6, 1978 relating to computers, files and freedoms, any user has the right to access, rectify and oppose personal data concerning him, by making a written and signed request, accompanied by a copy of the identity document with the signature of the holder of the document, specifying the address to which the response should be sent.
No personal information about the user of the zmoothiez.com web site is published without the user’s knowledge, exchanged, transferred, assigned, or sold in any medium whatsoever to third parties. Only in the event that Zmoothiez and its rights are purchased would it be possible to transmit such information to the eventual purchaser, who would in turn be bound by the same obligation to preserve and modify the data with respect to the user of the zmoothiez.com web site.
The databases are protected by the provisions of the Act of 1 July 1998 transposing Directive 96/9 of 11 March 1996 on the legal protection of databases.
8. Hypertext links and cookies.
The zmoothiez.com site contains a certain number of hypertext links to other sites, set up with the authorization of Zmoothiez. However, Zmoothiez is not able to verify the content of the sites thus visited, and therefore assumes no responsibility for them.
Browsing the zmoothiez.com web site may result in the installation of cookie(s) on the user’s computer. A cookie is a small file, which does not allow the identification of the user, but which records information relating to the navigation of a computer on a site. The data obtained in this way is intended to facilitate subsequent navigation on the site, and is also intended to allow various measures of frequentation.
Refusal to install a cookie may make it impossible to access certain services. However, the user can configure his computer in the following way to refuse the installation of cookies:
Under Internet Explorer: tool tab (cog icon in the top right-hand corner) / internet options. Click on Confidentiality and choose Block all cookies. Validate on Ok.
Under Firefox: at the top of the browser window, click on the Firefox button, then go to the Options tab. Click on the Privacy tab.
Set the Retention Rules to: use custom settings for history. Finally uncheck it to disable cookies.
Under Safari: Click on the menu icon (symbolized by a cog) at the top right of the browser. Select Settings. Click on Show Advanced Settings. In the “Privacy” section, click on Content Settings. In the “Cookies” section, you can block cookies.
Under Chrome: Click on the menu icon (symbolized by three horizontal lines) at the top right of the browser. Select Settings. Click on Show Advanced Settings. In the “Privacy” section, click on Preferences. In the “Privacy” tab, you can block cookies.
9. Applicable Law and Jurisdiction.
Any dispute arising from or relating to the use of the zmoothiez.com web site is subject to French law. Jurisdiction is exclusively attributed to the competent courts of Paris.
10. The main laws concerned.
Law No. 78-17 of January 6, 1978, as amended by Law No. 2004-801 of August 6, 2004 relating to computers, files and freedoms.
Law no. 2004-575 of June 21, 2004 for confidence in the digital economy.
User: Internet user connecting, using the above-mentioned site.
Personal information: “information that allows, in any form whatsoever, directly or indirectly, the identification of the natural persons to which it applies” (Article 4 of Law No. 78-17 of January 6, 1978).