TERMS OF USE

Warning: these terms apply only to consumer users of the Site and its services.

If you are an advertiser / advertising, developer / operator applications and websites, thank you for contacting us via the contact form on the site to receive our information, our prices, our terms and put you in touch with leaders dedicated.

DISCLAIMER:

Name: MITWINS
Company: SARL au capital de 7650 Euros registered with the RCS Grasse located under number 534 543 006 80 Road of the Fireflies - 06560 Valbonne (France).
VAT number: FR52534453006
Site Designer: Sarl MITWINS
MITWINS is a registered trademark.

@ MITWINS/2012

1. APPLICATION OF TERMS OF USE
Description of Services

The Site Mitwins (hereinafter "Mitwins or Site") is a global platform providing access to a social networking service by connecting Registered in the world.

These Terms of Service (the "Terms") govern the relationship between Mitwins and Members and Users, consumers who interact with Mitwins. Every interaction and every access to the site of Mitwins indicates and implies acceptance without restriction or qualification these terms and conditions.

The Site may also provide at any time without notice changes in editorial content and services.
1.2 Definitions

Site social networking website available at www.mitwins.com

The registration form to complete for the purpose of creating an account on the site
Service All services available to Members
Terms of the contract document on the use of the services offered by the site. The online version of the contract document when using the services shall prevail between the parties
User A person or entity accessing the services of Mitwins
Member site users who have validly completed their registration and account creation process. Only Members can access the services of the Site.
Refers to identifying elements of the member can be identified in its access to their account
Specifies the password PIN, proprietary and confidential to member id with access to his account when the member uses this means of identification.
Member Account means the account and information about the Member (including photographs and video) recorded under the full and exclusive responsibility of the Member.

It is clearly understood by the user that the site is an intermediate. In this context, it is stipulated that the User assumes the Site in connection with the provision of services related exclusively to its role as an intermediary, an obligation of providing for its linking and Professional Site , to the exclusion of any other covenant or warranty.
1.3 Acceptance
By accessing the Site, the User is subject to these Terms.
Any use of services by the User therefore carries the full application of these Terms.
The subscription service requires that you accept without limitation or qualification, the Terms and Conditions (check box on registration) by the User. Failing such acceptance, the user can continue to register online and use the services of the Site.
1.4 Territories
The site is open to all countries in the world whose law does not, in general, the activity of the site.
Otherwise, it is for the user to give access to the Site from the territory.
1.5 Trends
The Site reserves the right to change the Terms and Conditions as required, according to the technical development of the site, changes in legislation, in its sole discretion. Use of the Site and services offered there is always subjected to the most recent version of the Terms posted on the Site and available to the public at the time of such use. It is the User to consult as often as necessary the General Conditions.
The Site may also at any time make changes to the editorial content, services including prices at any time and without notice.
When using the Services, User may be subject to any guidelines or rules posted on the Site and for services offered there, may contain terms and conditions in addition to these Terms. All such guidelines or rules are deemed incorporated by reference into the Terms.


2. RULES FOR USE OF SERVICES

2.1 General Rules
By accessing the Site, you represent be at least thirteen years of age and not be protected under Article 488 of the Civil Code if it is major.
The user can access services and to their account by using his user name and password. In this context, it is forbidden to disclose to any third party or data and undertakes to protect and keep secret. It undertakes to inform without delay the Site of any compromise, loss or fault found in address registration and / or password. The user provides only the consequences of disclosing their username and password to the extent that any access to services is automatically deemed to have been made by the user.
The User agrees to make normal use of the Site and be courteous in trade.
As part of using the Services, User agrees to comply with applicable laws, to respect the rights of others especially in terms of image, name and privacy and intellectual property.

The User agrees not to file on his profile any message or sensationalist nature photography, inciting prostitution, pedophile, racist, violent, with trade, contrary to law or morality, inciting to commit a crime or more generally may affect third parties or the Site.

The User undertakes to respect the image and reputation of the Site including by avoiding any action to distract people from the Site or the promotion of competitive services.
The User agrees to maintain discretion and confidentiality of information communicated to him and not to peddle false news, information or unnecessarily alarmist rumors, whatever their degree of truth, which could cause harm to others.

2.2 Obligations of the User essential

In addition to the general rules mentioned above, the User and / or the Member agrees unconditionally and without this list being restrictive, to comply fully with all obligations imposed on him following to ensure the safety of its account, the privacy associated with it and use services in accordance with their purposes in the perfect rights of third parties:

- Do not use the Site for commercial profit, public
- Certify and ensure accuracy and compliance information and content transmitted and published in any form whatsoever
- Refrain from disseminating information or content that do not conform to reality
- Use the services in a fair and honest
- Define the parameters of confidentiality of information published;
- Be the only user and responsible for the content of his account and the information transmitted and published;
- Undertake to submit to the Website and other Members that the information it considers that the diffusion can in no case be prejudicial to or to himself or to other Members or the Site, or third parties;
- Certify and ensure that photographs and videos are copyright free, and is owned exclusively, and other content, where appropriate and in the event that the photographs represent one third or information about a third party, hold a express permission of the third on the use and dissemination of the contents which remain the sole responsibility of the User
- Detract in any way the rights of Members and / or Users and / or third parties particularly with regard to intellectual property, privacy and the image
- Take or refrain from uttering words or broadcast in any form whatsoever content infringes the rights of others or is defamatory, abusive, obscene, abusive, incite violence or prostitution, political , racist or xenophobic, violent, pornographic, pedophile and generally any content contrary to the laws in force in France and in the country where the services of the Site are used
- Refrain from intimidating and / or harass other users
- Do not keep or make comments, or distribute in any form whatsoever content and / or propose an application to impair in any way the protection of minors and promoting content related to alcohol, drugs (including tobacco) and drugs
- Refrain from offering contests or sweepstakes without prior written consent of the Site
- Refrain from using the Site for the purpose of illegal activity, illegal, malicious or discriminatory
- Refrain from using all or part of the functionality of the Site in a manner and / or purposes contrary to the laws and regulations including;
- Do not use to browse the Site and use the Service, a software robot or other automated process or equivalent tool
- Refrain from collecting or gathering in any form for any purpose whatsoever data, personal or otherwise, including user names, users and / or members directly or indirectly through such robot;
- Do not use the Site and its services, directly or indirectly, to implement practices similar to sales or services to snowball or other similar methods
- Not to propose a person to collect entries or subscribe to a list of them by requiring the payment of any consideration and making him hope of financial gain
- Refrain from participating directly or indirectly, to the establishment or development of a network to implement practices similar to the sales network (Multi Level Marketing or similar practices
- Refrain from downloading a virus or other malicious code and, more generally, do not act directly or indirectly in order to disable or prevent the proper functioning of the Site and its services;
- Violate a law or regulation in force provided that the Member shall make it for all the checks that prove necessary.


Users and / or Members may report at any time conduct or content on the Site clearly contrary to the rules listed above, describing, and its location on the site, so the most accurate that is, in using the contact form available on the Site. Users and / or Members are also advised that any reported abuse may itself be penalized.

In case of breach or violation of use rules recalled above, the Site reserves the right to deny access and / or close either temporarily or permanently the Member's account without having to justify themselves, without notice and without compensation possible.


2.3 Sanctions rules of use
The Site reserves the right to refuse registration of a User does not agree to abide by the Terms or leave full and / or in good faith all the information requested.
At any time including at the time of registration, the Site reserves the discretionary right to remove certain information, modify, refuse or terminate the registration of a User.
The site is in no way responsible for the reliability, relevance of information provided by the user. Therefore, it is clearly understood by the user that all published information and actions from their account are the sole responsibility of it. In this context, the User warrants and undertakes to indemnify the Site for any damages including indirect and refund the full cost they may incur if its liability was incurred by such third resulting from a breach of User under these Terms.
The User will be deemed directly responsible for the content of information published and all of its shares in the event of litigation or violation of any applicable legislation and rules mentioned above.
In case of failure by the User of these Terms, the Site reserves the right to deny access and / or close permanently or temporarily depending on the severity of the conduct alleged against the Member's account without be justified, without notice and without compensation possible. As such, the User warrants and undertakes to indemnify the Site for any damages including indirect and refund the full cost they may incur liability if it was committed by such third resulting from a breach of User under these Terms.

The Site and Administrator reserve the right to monitor compliance at any time of the General Conditions by Users.
Failure to comply with any provision of these Terms automatically terminates the permission to use the Site and the Services offered there. Any violation of these Terms of Service allows the site to deny the future to deliver all services to the author of the violation in question, without blame at the Site.
2.4 Licensing by the User to MITWINS

For use of the Site and its services, the User grants to a site license (including the right to represent, reproduce, adapt and modify in whole or in part) non-exclusive, transferable and sub licensable (third-party applications) without permission of all information and evidence that it will release from its profile, including photographs, text and videos on any media whatsoever and in all current and future processes.

Specifically:

- For content protected under intellectual property, the User authorizes the Site, a non-exclusive and transferable to third parties holding applications, to reproduce, represent, adapt all or part of such content on the Site or on all applications, worldwide, in all languages, for the duration of legal intellectual property rights provided for, in any form and by any means, present and future. This license will terminate at the time when the user removes such content and / or entire account provided that these elements are not shared with other users who would not have deleted.

- Regarding the name and image of the User, the User expressly consents to the Site and its partners (applications) and to use his image and name without consideration. As a result and in accordance with the provisions concerning the right of the image and the right to name the user for the purposes of site features and access to services, to fix, reproduce and communicate to the public the photographs / videos taken full or in part in any form and supports all known and unknown to date, worldwide, without limitation, for a term of User's account on the Site in accordance with the parameters chosen by the User privacy of his account.

2.5 spaces for communication and sharing

The site offers forums for communication and sharing, classified according to several items, subject to change with the Site including wall, instant messaging lounges. Members can upload data, information and more generally of the content and exchange information within these areas or on their profile in strict compliance with the law and rules in these Terms of Use.

However, in the event that the site would be informed that a clearly illegal content would be posted on the Site, it reserves the right to delete and deny access and / or close permanently or temporarily following the severity of the challenged act on behalf of the Member without justification, without notice and without compensation possible.


3. REGISTRATION AND ACCOUNT CREATION


3.1 General rules
The services are accessible to anyone over the age of thirteen years after online registration on the Site conditioned by the provision of information to create an account.

Case of minors 13 years of age

Mitwins application to minors at least thirteen years to obtain parental consent prior to their inclusion on the Site and when they plan to exchange information on the Internet with another Member. It is for persons holding parental authority to monitor the use of the Site by minors by entering in the appropriate field, the email address of the legal.

Information will be available to the guardian on his mailbox corresponding to the email address entered in the email field on the profile of parenting your child so that your children use the Internet safely.

Under no circumstances, minors 13 years of age and until their majority may only contract pay services (including applications) which remain the sole responsibility of the legal and designated more generally, his parents.

Registration is free and for an indefinite period.

When registering the user agrees to provide information which ensures the accuracy and veracity. It is for persons holding parental authority to verify the accuracy of the date of birth provided by minors 13 and older.

The Member agrees to immediately change any information that becomes inaccurate or outdated.

The user undertakes not to create an account and a single profile.

It is strictly forbidden to create an account on behalf of another person and / or use the surname belonging to a third party.


3.2 On the Member

The user must determine an identifier that must respect the rules of courtesy and politeness as well as the rights of others. It also sets a password allowing access to their account. The Member agrees to maintain the confidentiality of their username and password.

The Member agrees to use the account fairly and correctly. He is solely responsible for the use and management of its account, and any activity carried out from it including those that would be made by third parties from their account.

The plug and the photograph of the Members minors age 13 and is accessible only to friends and family, specified in their list.

The Site reserves the right at any time and without prior approval to lock and / or temporarily or permanently delete the account if, inter alia, breach of these Terms or the rights of third parties (including trademarks or protected signs).

If locking or temporary or permanent closure of the account, it is forbidden for the user to create another without express permission of the Site.

Information required for opening the account:
When registering to MITWINS, it asks the user to provide their name, email address, gender, birth date, the time zone for date of birth, country of birth, country of residence . In the absence of the issuance of this information, the account can not be opened. The User will be able to tell that this information will be available following the chosen degree of confidentiality with the exception of his name, his name and photograph of profiles which will be visible to any user of the Site.
At the time of registration, the Member may create a link with friends, schools / universities and employers. It may also add a photo subject that it is personal, real, and it has the rights for using it. In some cases, MITWINS may request additional information for security reasons and / or to provide specific services. Once registration is complete, the Member may provide further information on it by connecting, for example, the current city of residence, his hometown, family, relationships, networks, its activities, interests.
One feature of MITWINS is to enable the member who wishes to find his twin birth which may be in the world.
Operation of the account
One of the main reasons why people like to use MITWINS is the desire to share information with others, to recover lost contacts, etc.. MITWINS to download or take a picture, or take to download a video, share a link, information, new with other members, create an event or group, post a comment, write something about the profile of another Member, write an article or send a message to someone, use the live video as well as participation in discussions instant (living room).
If the Member does not want the site stores the metadata associated with content shared on MITWINS, the site asks the Member to remove metadata before downloading the content.
It is indicated to the Member that the Site is free except for some third-party applications that can be paid.
Information in case of use of the site via a mobile phone:

Mobile services are free on the site except the tariffs of the operator of the member in respect of the use of their phone plan. When changing the mobile phone account, the member agrees to change the settings on his account on the Site to be updated.

The Member authorizes, without reservation, the Site and its partners (including applications) to synchronize the contact list with all the information and details concerning which it has access to the Site directly and indirectly.

3.3. Account Management Member

Account established by the Member shall be solely driven by the latter under his sole responsibility.

However, for reasons of security and control, the member of the Site Administrators recognizes the right to intervene at any time and without notice, the Account and the member's profile to take all necessary measures including:

- Check the account;
- Limit the rights of access to the Service;
- Change whole or in part, move, delete all information and content in any form whatsoever on the account;
- Close, block, limit internal messaging, chat and lounge;
- Close, block, limit the account for violations of these Terms and in any event, in case of inactivity account for more than six (6) months;
- Block, limit and / or discontinue providing the service completely for violations of these Terms and in any event, in case of inactivity account for more than six (6) months.

It is stated that the site, the Directors determine in their sole discretion, whether the conduct of a Member violates these terms and conditions and / or legislation.

4. WARRANTY AND LIABILITY SITE

Use of this site is the responsibility of the User and / or the Member. The Website is provided as is and is not subject to any guarantee for the benefit of Members and / or users.

The Site provides users and / or members of a technical architecture linking. All contents, the degree of privacy, actions and services used exclusively selected by the (s) Member (s) which remain (s) only when (s) (s) responsible for the veracity and the lawfulness information available, as well as their consequences. For technical reasons, the Site may not exercise any control a priori.

In the event that a User and / or a member becomes aware of the presence on the disputed site content or illegal, he must inform the Site as soon as possible by email to the CONTACT section.

The Site does not at any time of the Member's account and the information or actions, or affixed by the latter company. Therefore, in any case, the Site can not guarantee the features, content, appropriateness and / or completeness of the information and its veracity.

It is expressly agreed that the Site is subject to an obligation of responsibility for which can not be sought in case of proven fault.
In this context, the Site undertakes to implement all means at its disposal to ensure the optimal conditions, the performance of the services entrusted to him.
In general, the Site in any way guarantee that the services provided meet all requirements of users, it will be permanently available uninterrupted, timely, secure or error free, and that services will be issued effective accurate and reliable. In this context, the Site and thus declines any liability for any direct and / or indirectly caused as a result of the inability to access services in whole or part by the User.
The Site reserves the right to suspend access to the site when it considers that any circumstances which may affect the operation or the integrity or requires maintenance, and this for the time necessary for the proposed intervention . In the case of a planned intervention, the Site undertakes to inform the user as soon as possible on the home page of the site or by any other means at its option, once it has knowledge of the dates program interventions and reduce downtime during the day. However, this suspension shall not in any way engage the responsibility of the Site and is not subject to compensation.
The site can not be held responsible to Users for any direct, incidental or consequential damages or damages of any kind (including lost profits, business interruption, loss of business information, or any other pecuniary loss) arising from the use or inability to use the Site and its services.
The Site assumes no liability for the use made of the Site and Services by the Users. In no event shall the Site can not be held responsible for any use made of the information provided by users vis-à-vis third parties. The use is the sole responsibility of the User, including the collection, processing of personal data and protection of the latter, and the protection of the confidentiality of exchanges, electronic correspondence and more generally , of the account.
The Site will under no circumstances liable for consequential damages, even partially, to a total or partial breach of obligations of the User, as well as any indirect damages even if he was aware of the possibility of such damages.
In any event, the Site shall not be held liable for any indirect, special, incidental (including, without limitation, damages resulting from an inability to access data, loss of operation, loss of profits, and / or business interruption) arising from the use or inability to use the service.
Is treated as an indirect loss and therefore not eligible for compensation, any action against the User by a third party or a Member.
The Site is not responsible and will not be deemed to have breached its obligations in the event of default of all or any part thereof or disturbance in their performance if such failure is due to a case of force majeure or an act of a user or a third party.
The User warrants and undertakes to indemnify the site against any damage to it and against any action for damages that may be taken against the site on the basis of the violation of these Terms and / or any rights of another.
The Site assumes no obligation or liability for any delays, corruption or other errors that may occur in the transmission of items from the site when these events arise from the use of networks or failure of User.
The site can not be held liable for misuse by a third of the e-mail address and password and the User's account.

5. INTELLECTUAL PROPERTY

All elements of the site including graphic design, brand, domain name of the site, database and data are protected by laws on copyright, the right of producers of databases and property Industrial. Any unauthorized use of materials on the Site may violate such laws. The Site does not grant to Users any express or implied right on software, patents, copyrights, databases and data, trademarks or trade secrets related to elements of the Site. Only a right to use the elements of the Site, the database and data is provided for the duration of the Subscription Agreement.

Unless specifically stated otherwise in these Conditions, no part of the Site may be reproduced in any form or by any means whatsoever without the written permission of the Site. Similarly, the User agrees:
- Extraction with permanent or temporary transfer of all or a qualitatively or quantitatively substantial part of the Site content to another medium by any means and in any form whatsoever;
- Reuse, by making available to the public all or a qualitatively or quantitatively substantial content of the Website, regardless of the form.

Exceptions: Unless otherwise indicated, the user is authorized to view, download and print the documents and information available in the section reserved for it on the Site in its sole membership.
The creation of a hyperlink, even simple, to the site (www.mitwins.com) can not be made without the consent of the Site, provided that no confusion can exist in the minds of Internet users the identity of the site or the source of information.

6. PRIVACY AND PERSONAL DATA

Mitwins pays special attention to the protection of privacy. Consequently, the site is committed to respecting the privacy of personal data collected.

Mitwins has been declared to the French authority for personal data protection (Commission Nationale Informatique et Libertés - CNIL) under number 1537125.

To use the services of the Site, some information may be requested from the user during the account creation, including but not limited to, name / first name, birth date, country, email address or other information. If he does not want this information, the website invites not to use services that require them.
The Site uses the information to provide the User with the services offered which may opt for the provision of information on the profile if the user chooses to receive them during the account creation phase.
The Site is committed to the provisions of the Data Protection Act (available at www.cnil.fr) for all treatments of personal data made under the operation of the Site.
The User expressly agrees that the site handles personal data that concern for the functioning of the Site and for durations effective.
The Site does not share the personal data of the User to third parties, subject to the disclosure of data on the public profile of each member, except for minors under the age of 13 parameters determined by it and that the purpose of the Site and the Service, and if the disclosure of such data is required by applicable regulations, including at the request of the judicial authority.
The personal data communicated by the Member will be destroyed five years after his last connection to the Site or the expiration of the Agreement, on specific request
The personal data transmitted on the user and held by the Site as part of its activities are consistent with the law in force in the field of personal data and may not be disclosed without the prior consent of the user.
In law enforcement, any user who sent personal data has a right to access, the right to correct or delete data on the processing of personal data concerning them by contacting e-mail address on the form to contact us now on every page of the site.
The User may object, by contacting the email address on the form to contact us now on every page of the site. The processing of their personal data for marketing purposes or commercial acts for the benefit holder's personal data for similar products or services offered by the Site.
MITWINS information collected on:
Information about the member's account: the site is brought to collect the required information related to the creation of the account and any additional information which the Member would be required to provide when using the Site and its services.
Information activities on site: the site is required to keep track of the actions of the Member MITWINS when using the Site and its services.
Information about the browser and the access device: MITWINS keeps information about the browser type, current location and IP address and the pages visited by the member.
Members can view certain information or certain content on the Site including but not limited to personal information, photos and videos. Members are solely responsible for the information and content, in accordance with the rules of use set out in these conditions.
When communicating this information through the Site, the user and / or Member agrees that this information is processed by the Site and warrant that I did so freely and knowingly.
Therefore, using Mitwins and services, the Member acknowledges that the Website is required to collect certain information through files (log file) and cookies (cookies) for statistical purposes, to customize the profiles to improve the services provided under each as well as the needs of navigation.
Cookies are small files sent to the User's computer. They can be used to retain or recall certain information such as password or user name so you do not have to enter this information at each visit the Site. The browser can be configured to accept or reject cookies or notify their installation.
In the event that the user would not accept the use of cookies by the Site, it is possible to refuse to enable cookies on your hard drive, as described in their browser. For technical reasons, however, the user is notified that some services offered on the Site may not be accessible to him in case of disabling cookies.

7. LENGTH
The Contract is concluded for an indefinite period from the date of acceptance hereof by the Member

8. TERMINATION
8.1 Unsubscribe the initiative of the Member
At any time upon request by e-mail by contacting the email address on the form to contact us now on every page of the site., The Member may opt out of the Site following the following procedure: in s' contacting the email address on the form to contact us now on every page of the site. The unsubscribe, automatically and irreversibly deleting their account and all information and content being linked to the Site with the exception of content shared with other Members who have not been deregistered.
8.2 Termination at the initiative of the Site
Failure to comply with any provision of these Terms including messaging, data or information contrary to public order or likely to prejudice the rights of others (defamation, slander, invasion to intellectual property rights, defamation, etc.). whatever nature automatically terminates the permission to use the Site which reserves the right to delete the account without notice without prejudice to the site seek damages for harm suffered as a result of the breach of the User.
In addition, depending on the severity of the conduct alleged against the User, the Site may also send it to a formal notice to cease its actions. In the absence of termination by the deadline and / or if sent three (3) demands, the Site automatically terminates the permission to use and reserves the right to delete the account after the last notice went unanswered.

9. CONVENTION OF EVIDENCE
In accordance with Article 1316-2 of the Civil Code, the Site and Users intend to set in the context of electronic commerce services, rules on admissible evidence with each other in case of dispute and its probative value. The following provisions constitute the agreement and evidence entered into between the parties, who undertake to comply with this section.
The website and Users agree to accept that in case of dispute the email addresses and passwords used in the Site and the accounts and e-mails exchanged are admissible in court and show data and the facts they contain.
The website and Users agree to accept that in case of dispute, the data connection and logs relating to actions taken from their accounts are admissible in court and show the data and facts they contain.
the Site and Users agree to accept that in case of dispute, the documents, information and records will show in particular the timing and content of the offer and the order / subscription, regardless of the amount .

10. NOTIFICATION
Any notice shall be made in writing to the Site by registered letter with return receipt (recorded delivery), or by such other means as the reception can be proved (DHL, Chronopost, registered hybrid Dépomail, etc.), at Route 80 MITWINS Fireflies SPACES SOPHIA A Bat - 06560 Valbonne (France) .. This notification will be received by the Site as of the first business day after it was first presented to the Site.
The site will respond by email to the address indicated by the Member in connection with the Account or indicated on the form within a maximum of TEN (10) days after the date of receipt of such notice.
11. MISCELLANEOUS

If one or more provisions of the General Conditions were found to be or become wholly or partially invalid, this would not affect the validity of the remaining provisions of the General Conditions.

The User is informed that the Site may, at any event, cease to operate freely the Site, to sell and / or give it away, without the users can avail themselves of any right. It is their responsibility to safeguard the information and items that would include photographs and videos published.

12. GOVERNING LAW AND JURISDICTION
These Terms are governed by French law.
The User and / or the Member may at any time check their rights at:
www.legifrance.fr
www.cnil.fr
Any dispute concerning the validity, interpretation, implementation, non enforcement of these Terms & Conditions of Service governing the relationship between the Parties shall be submitted to the Tribunal where the seat of the Site (Tribunal de Grande Grasse instance) without prejudice to the rights of the Site to prosecute against anyone who violated his rights to a court that would have jurisdiction in the absence of the clause following above mentioned.
Date of last revision: December 8, 2011