SKRED Terms of Service – 10 10 2019
Use and access to our Service are governed by the following Terms of Service (ToS).
NO ACCESS TO EMERGENCY SERVICES: There are important differences between SKRED and your mobile and SMS services. Our Services do not provide access to emergency services or emergency service providers, including the police, fire departments, or hospitals, or otherwise connect to emergency call centres. You should ensure you can contact your relevant emergency service providers through a mobile phone, fixed-line telephone, or through another service.
Refers to the SKRED Application that can be installed on a mobile phone, a touchpad tablet or any future mobile device enabling Users, in an anonymous way, to make free voice or video calls through Wifi to any third-party users in total confidentiality, as well as to exchange text messages or files between Users, in compliance with these ToS. The SKRED Application is subject to these ToS.
Two Users are in Contact as soon as they have added each other in their Contact list.
Refers to these Terms of Service for the SKRED Application Services.
Refers to information, data, texts, photographs, images, messages, geolocation, or any other element likely to be exchanged by a User, on his own initiative and under his responsibility.
Refers to the personal information of a User and subject of formalities with the “Commission Nationale de l’Informatique et des Libertés” (CNIL, the French Data Protection Authority). SKRED will not be in any means the owner of the personal data of a User.
Refers to the name chosen by the User to be represented on the SKRED Application to a third-party user, when using the Services of said Application. The User Name can be modified freely by the User without changing the user account. The User can create as many User Names as he wants to be represented to another User. The User Name chosen is not unique and can therefore be used by multiple users simultaneously.
The profile picture is chosen by the User from his mobile gallery or taken directly from the camera of the mobile phone. This image represents the User on the Application visible to a third-party user. Said profile Picture can be changed freely by the User without changing the user account.
Refers to the file associating a profile Picture with a User Name. It is the profile currently chosen by the User that will be visible to his future Contacts.
Refers to one or all of the services provided by SKRED and accessible from the SKRED Application, different from Contents.
Refers to the existing and/or future technical tool (mobile phone, touchpad, …) allowing to download, store and access the Application Services.
Refers to the company providing the Services and whose contact details are mentioned in Article 9 of these ToS.
Refers to any natural person who is at least 12 years of age, or any legal person with access to the Service(s) through the SKRED Application installation and with acceptance of the ToS.
2- Purpose of the ToS and Applicable Version
2.1 These Terms of Service aim to specify the conditions in which the Users can access and use the Services.
2.2 Anyone who has access to or uses the Services offered by SKRED agrees to comply, unreservedly, with these Terms of Service.
2.3 The User is clearly informed that the single version of the ToS for SKRED online services that shall prevail is the one accessible in the “setting” feature via the link, “Terms of Service”, at the time the Services are accessed and/or used, which the User acknowledges and accepts without restriction, committing to consult them at the time of each connection. Said ToS are permanently available, except in cases of force majeure.
3- Creation of User Account & Access to Online Services
3.1 General terms of creation of the User Account
3.1.1 A User Account is created as a result of downloading the Application. Said account is linked to the electronic device identifier used for the download. The creation of a User Name is made mandatory only when the User creates his first Profile.
3.1.2 After downloading the Application, the User will have access to his User Account, as well as the Application Services, after acceptance of these ToS.
3.2 Equipment (computer, phone, tablet, software, electronic means of communication), allowing access and use of the Services, are the exclusive responsibility of the User, as well as communications costs (including phone costs, internet access costs) resulting from their use. The User is responsible for finding information on costs resulting from the use of such equipment and/or services with the operators concerned. The User is alone liable for their costs.
4 – Common operational factors.
4.1 User obligations regarding his account.
4.1.1 The use of the User’s electronic device and of the Application by the User is the sole User’s initiative and exclusively the User’s responsibility.
4.1.2 The User is solely responsible for the use of his electronic device, as well as of his User Account.
4.1.3 Any access, use of Services and data transmission from a User’s Application will be deemed as having been made by the latter. The protection and the confidentiality of the Application User Account entrusted to the User is indeed the full responsibility of the latter.
4.1.4 Any loss, misuse or unauthorised use of the User Account, or of his mobile phone and the consequences are the sole responsibility of this User.
4.2 Duration and Termination.
4.2.1 The duration of validity of a User Account is of one hundred thirty-five (135) days from the date of the last access to Services by the holder of said account. After this duration, and according to Article 4.2.3, the User Account may automatically be deleted without any compensation being claimed.
4.2.2 Services are provided by SKRED for an indefinite period.
4.2.3 The User expressly acknowledges that SKRED has the right to modify the name of the Service and/or of the Application, to terminate the Services and, as such, to remove, without prior notice or warning, indemnity or justification, his User Account.
4.2.4 Furthermore, in case of a breach of the herby ToS by the User or more generally in case of a breach of the laws and regulations in force, SKRED may, without prior notice, without warning nor indemnity, terminate all or any part of the Services provided to the User. SKRED can decide this termination and the resulting deletion of the User Account, without prejudice of any damages it may be entitled by reason of such breaches and all penalties due to it. The User thus acknowledges SKRED’s right to delete his User Account.
4.2.5 SKRED may also, in case of breach of the hereby ToS, suspend the Service temporarily or permanently. In particular, SKRED may block the User to use some features of the Application.
SKRED is an internet communication service enabling Users to exchange text, voice or video messages through an internet connection.
5.1 Services Commonalities
5.1.1 Content is exchanged using the User’s electronic device, in particular using the User’s mobile phone or tablet. The User agrees not to reply to any unlawful statement and/or to report them (and in particular those contrary to the aspects described in point 6.3). SKRED does not guarantee the truthfulness, probity or honesty of exchanged Content, and cannot be held liable for any false declarations made by a User or any incorrect data and information. SKRED also disclaims any liability for any potential meeting organised between Users following the use of the Services.
5.1.2 As part of the use of the Services, the User shall refrain from disclosing information allowing personal and precise identification of other Users, or any other natural or legal person, such as a surname, company name, postal and/or electronic address, or phone number. It is also recommended to the User not to disclose information on the Services, allowing his own personal and precise identification.
5.1.3 The User is expressly informed that the Content is produced or exchanged under his sole responsibility. Therefore, only the owner of the electronic device linked to the User Account will assume the civil and criminal liability of the associated Content shown on his account. The User commits to ensure that the Content he exchanges does not contain any element which may be contrary to the laws and regulations in force, in the country from which he accesses the Service, in the country where these Contents are intended to be received, or likely to cause damage to a third party or breach any of the rules set forth in Article 6.3 below.
5.1.4 The User declares to be the owner of all the associated Content shown on the Services, and that he hosts them without any restriction to property rights and other authorisations. Failing this, the User is deemed to have the authorisation from the holder of the rights of Content he would associate with his User Account. The User shall not register or transmit any Content that infringes intellectual property rights and/or the personality of other persons, including, but not limited to, work protected by copyright, trademarks, texts, images of persons or property, trade secrets, internal or confidential information.
5.1.5 According to Article 323-1 of the Criminal Code (Ordinance no. 2000-916 of 19 September 2000, Article 3, Official Journal of 22 September 2000 in force 1 January 2002) which states, inter alia, that “Fraudulently accessing or remaining within all or part of an automated data processing system is punished by two years’ imprisonment and a fine of €30,000”, the User shall refrain from accessing the SKRED application again via another phone, tablet or any other technical means after being temporarily or permanently excluded from the Service.
5.2 Description of Services.
5.2.1 User Account
After downloading the SKRED application, the User chooses a User Name. Said User Name can be changed freely by the User, without changing the User Account. The User Name chosen is not unique and can therefore be used by multiple Users simultaneously. Only the User Account is linked to the Electronic Device identifier, allowing the User access to the SKRED application. The User can choose not to activate his geolocation on his phone or tablet in the Device settings. He can also invite friends to use the application via his directory, social networks and any existing or future messaging system. He can, at any time, delete his User Account, by visiting the “settings” feature from the Application. His data will thus be erased within a period of one (01) year, in accordance with legal dispositions in force. Deleting a User Account will result in the immediate deletion of all SKRED publications and Content created by the said User, including the removal of his User Name or User Names.
5.2.2 The User Text Messaging.
The messaging system called “Conversations”, allows the User to talk privately with another User with which a Contact was previously established. The private dialogue or conversation is only visible by the Users who took part in the conversation. As a reminder, the Contact is established when two Users have added each other to their Contacts list. The conversation takes place only in the form of exchange of texts and files. A User has the ability to remove one or more messages in every conversation with another User, or to delete all of the conversation. Deleting works on a reciprocal basis. Thus, the other User, who took part in the conversation, will not retain the Content exchanged on his own device. The User can delete another User with who he is in Contact. The User having deleted the link between himself and the other User can no longer contact, nor be contacted by the latter.
5.2.3 Voice/Video Messaging
The messaging system called “Call” allow the User to initiate a voice or voice/video conversation with another User with which a Contact was previously established. As a reminder, the Contact is established when two Users have added each other to their Contact list. The conversation operates only as voice and/or video exchanges. The User having deleted the link between himself and the other User can no longer contact, nor be contacted by the latter.
5.2.4 Website https://www.skred.mobi
SKRED website is available for all Users with internet access and is located at the following address: https://www.skred.mobi
6- Legal dispositions
6.1 Limitation of Liability.
6.1.1 SKRED is not responsible for controlling how the Users use our Services. In particular, SKRED cannot in any way be liable for the Content posted, exchanged, received or transmitted by Users, in accordance with its host status established by law No. 2004-575 for confidence in the digital economy of 21 June 2004.
6.1.2. The User acknowledges having been informed on, and accepts the fact that SKRED cannot be, in any capacity, held responsible for the creation, modification, deletion, or for a failure to receive, to send, to transmit or to store Users’ data, which are the sole responsibility of the latter. Similarly, the User acknowledges that SKRED remains free to change at any time the denomination of its online Services, without representing a change of the hereby terms and without providing any rights of remedies to the User.
6.1.3 SKRED does not provide any express or implied warranties, including, but not limited to continuity of Services, performance of Services, sustainability of Services, compliance or compatibility of a specific Service, quality or absence of vice or defect of Services, eviction and non-violation of laws and regulations or of these terms of Services by other Users.
6.1.4 Any data downloaded by the User, or obtained in any other way during the use of the Service, is done at his own risk. The User is solely responsible for any damage sustained by the electronic device used or any data loss resulting from the downloading of this data or the consultation and use of the Services.
6.1.5 No advice or information, whether oral or written, obtained by the User of SKRED or during the use of the Services shall create any warranties not expressly provided for in these ToS.
6.1.6 The User acknowledges that his use of the Service is at his own risks. The Service is provided “as is” and is accessible without any guarantee of availability and regularity. SKRED will endeavour to make the Services accessible 24 hours per day, 7 days a week, except in a case of force majeure or of an event beyond SKRED’s control and during period of maintenance, equipment failure, technical incident due to mobile phone and/or Internet networks or malicious activities or any damage supported by the equipment or the software of SKRED.
6.1.7 In no event shall SKRED be liable for any interruption of a Service regardless of the cause, duration or frequency of such interruption.
6.1.8 The transfer rates and response times of information circulating from the User’s mobile phone or tablet are not guaranteed by SKRED. The User acknowledges that the speed of transmission of the information and the quality of the exchanges does not depend on the Services offered by SKRED but on the characteristics inherent to the User’s mobile phone or tablet, electronic communications networks and technical characteristics of his connection mode and of his Internet access.
6.1.9 SKRED does not provide any personalized support or “hot line”.
6.1.10 SKRED shall under no circumstances be held liable for the use made of geolocation data related to the mobile phones using the Application, which would be stored by the mobile phone manufacturers, including privacy and personal data, which are managed directly by providers of smartphones compatible with the Application.
6.2 Protection of the privacy and personal data of the Users.
6.2.1 Third Party Sites. This article applies only to SKRED Services and does not apply to Third Party Sites as referred to in Article 6.5 below, for which SKRED invites Users to consult the general terms and conditions of use therein, in order to know the terms regarding the collection and processing of personal data applied by them.
6.2.2 Collection, processing, storage of personal data. SKRED respects the fundamental rights and in particular the right to privacy for the Users. The processing of personal data collected during the Use of the Services is governed by the necessary formalities carried out with the “Commission Nationale de l’Informatique et des Libertés” (CNIL). It is recalled that: in order to optimise the use of the services of the application, SKRED recommends to the User to activate the geolocation of his electronic Device; The only information requested is the creation of a user name to post SKREDs; By accepting these ToS, the User agrees to the collection, processing and storage of the personal data resulting therefrom, however, SKRED does not own any of these data.
6.2.3 Rights of access, modification, deletion of personal data. In accordance with the French Act n °78-17 of 6 January 1978, modified by the Act n °2004-801 of the 6 August 2004, on Information Technology, Data files and Civil Liberties (loi informatique et liberté), any User has the right to object, to access to and to rectify the data related to him. It may, therefore, require that his inaccurate, incomplete, equivocal, or outdated information, be corrected, completed, clarified, updated or deleted.
6.2.4 Closing of a User Account and/or deletion of the Application and duration of retention of the personal data. At the closing of a User’s Account, for whatever reason, the data relating to this account and in particular the traffic data is deleted. However, operations to delete or anonymize certain categories of data may be deferred for a maximum of one year, in order to ensure the safety of SKRED installations and for the purposes of research, prosecution of criminal offences, and for the sole purpose of enabling the judicial authority to be provided with information. It is specified that in the event that the User deletes the SKRED Application directly without having deleted his User Account, the data will be retained for one year after the end of the period of validity of the User Account (i.e. 135 days from the date of the last access to the Services by the User Account Holder from the said Account).
6.3 User’s Responsibility for the Content and User’s Behaviour.
6.3.1 The User accepts to respect the laws and regulations in force and to use only Contents (texts, photos…) of which he has the rights, for which the holder of the Rights gave his express consent for its distribution within the Service, or free of any right. The User releases SKRED of any claims of third parties against SKRED due to the violation of their Rights or the behaviour of a User who violates the legislation in force. The User agrees that each person he represents on a SKRED, of which he has aggregated the content, has given his prior agreement for the use and the diffusion of his image.
6.3.2 In general, the User agrees to abide by all laws and regulations in force concerning the prohibition of the dissemination of pornographic, paedophile, obscene images or images seriously damaging human dignity. The User shall not distract the purpose of any of the Services to undertake propaganda or proselytism for professional or commercial purposes (prospecting, soliciting or prostitution). Similarly, the User shall refrain from harassing other Users by continuing to try or by successfully communicating with anyone who does not wish to do so. The User is responsible for ensuring that his behaviour with other Users is legal and complies with all applicable laws.
6.3.3 In general, and without this list being considered exhaustive, the User is prohibited from loading, downloading, publishing, submitting, transmitting, distributing or facilitating the distribution of any Content (texts and/or images) on or via the Service:
—that is illegal, harmful, threatening, violent, abusive, harassing, defamatory, Insulting, obscene, pornographic, threatening, demeaning to good morals, using hateful or vulgar language (even hidden by symbols or other characters), infringing upon the privacy of others or upon human dignity, hateful, racist, or otherwise objectionable or inappropriate in other ways that SKRED will determine in its sole discretion;
—which in any way affects Users in particular by the fabrication, transport, and dissemination of messages of a violent or pornographic nature or of a nature that seriously undermines human dignity;
—which may constitute, but is not limited to, incitement to commit suicide, incitement to the commission of crimes and offences, provocation to discrimination, hatred or violence on the basis of race, ethnicity, religion or nation, praise of Nazism, objection against the existence of crimes against humanity or of recognised genocide;
—which could constitute corruption of minors;
—which could constitute false news, an attack on the authority of the courts or which would contain information relating to ongoing trials, an individual tax situation or adoption;
—which is intended to exhibit or sell prohibited objects and/or publications;
—which could mislead other Users by usurping the name or corporate name of other persons and in particular by posing as an employee, collaborator, partner or affiliate of SKRED, or any other company of SKRED Group of which it is an integral part, as well as the NAKAMA Group, a moderator, or a web host;
—that the User would not have the right to disseminate under laws or regulations or any legal act or contract (including internal, privileged, confidential information learned or disclosed under a contract of Confidentiality Agreement without this list being exhaustive);
—infringing any patent, trademark, trade secret, copyright, intellectual property or any other proprietary right of ownership;
—containing any data, information, advertising, whether of a commercial nature or not, any promotional material which has not been requested or authorised in advance by its recipient(s), and in particular engages in spam, mass mailing, “the transmission of” junk mail,” chain letters or any other form of solicitation;
—designed to interfere with, distort, interrupt, destroy or limit the normal functioning or functionality of any computer software, computer, server, or electronic communications tool without this list being exhaustive;
—which may disrupt the Services, servers, networks connected to the Services, or refuse to comply with the requirements, procedures, general rules or regulatory provisions applicable to networks connected to the Services;
—may harass, persecute, embarrass, in any way, another or several other Users. This means that the User must not speak ill of others, or make personal attacks based on race, nationality, ethnic origin, religion, sex, sexual preference, disability or any other difference.
6.3.5 The User also declares and acknowledges that he must exercise discernment and accepts all the risks associated with it in the use he makes of the Content and in particular when he relies on the opportunity, utility or completeness of this Content. Consequently, the User acknowledges that he cannot rely either on the Content created by SKRED nor the Content submitted to SKRED available in the Services.
6.3.6 In the event of a User failing to comply with one or more of these rules, SKRED reserves the right to block the User’s Account(s), temporarily or permanently, to delete the User Account, without consideration or reimbursement and without prejudice to the remedies available to the User concerned.
6.3.7 The User is informed that the messages, data and information that he may transmit or receive through the use of the Service, pass through the Internet. These messages are not protected and may be intercepted or attempted to be intercepted by unauthorised third parties who may be aware of their Content. Therefore, SKRED warns the User that the communication of information, such as credit card number, address, telephone number, email, and more generally any sensitive or confidential data, must be prohibited. This is the case even when such disclosure is solicited by the person or persons with whom the User is in dialogue, even if that person claims to be authorised by SKRED, SKRED or any other company. In any event, such disclosure would take place at its own risk, without SKRED’s liability being incurred. No agent or employee of SKRED is authorised to solicit from a User the following information in connection with the use of the Service by the User: surname, first name, address, credit card number.
6.3.8 The User is solely responsible for any damage he may cause to another User or to the third party by using the Service.
6.3.9 In consideration of the free nature of the Services offered to him by SKRED, the User authorises SKRED to associate with the Content that the User broadcasts on any of the Services, advertising or promotional messages such as text, images, video or sounds, chosen by SKRED and this in all forms. More generally, the User agrees that SKRED may use (and refer to) the dissemination of User-generated Content to promote its Services. In no event shall the User be entitled to any remuneration or reward under this authorisation. If the User wishes to revoke this authorisation, it will be his responsibility to proceed with the closing of his User Account. The said revocation may have effects only for the future. Any advertising or promotional action that may be initiated by SKRED at the time of the closing of his User Account by the User shall continue until completion.
6.3.10 In consideration for the use of the Services, the User grants to SKRED, free of charge, a worldwide exploitation licence, for the authorisation of broadcasting on any electronic communication network, in particular mobile telephony and the Internet, of the Content that it hosts, for the duration of the placing of the Content online by the User.
6.4 Intellectual property of SKRED and third-parties/Licence to use the graphic and sound elements of the Software.
6.4.1 SKRED grants to the User, in a personal capacity, the non-exclusive and non-transferable right to use the Services and software which may be associated with it on a compatible terminal (telephone, digital tablet), yet, he shall not be authorised to (and cannot grant permission to others) copy, modify, create a derivative work, reverse the design or assembly, or otherwise attempt to obtain the source code of associated software (except as permitted by law), sell, assign, sublicense or otherwise transfer any rights in the Services or associated software.
6.4.2 The User agrees not to modify in any way the Services or associated software and not to use modified versions of the associated software and Services and in particular (without this enumeration being restrictive) with a view to obtaining access not authorised to the Service(s). The User agrees not to access the Service(s) by any means other than the interface provided by SKRED for this purpose.
6.4.3 The User is informed and acknowledges that the Services and any software used in connection with the Services may contain information that is confidential or protected by existing intellectual property law or any other law. The User also acknowledges to be aware that the content included in advertisements and the information that are presented to the User via the Services or by advertisers are protected by copyright, trademark law, patent law, or any other right recognised by the legislation in force. The User undertakes not to modify, rent, borrow, sell, distribute this content or create derivative works incorporating all or part of this content, unless prior written authorisation has been obtained from SKRED.
6.4.4 The Service contains texts, images, sounds and videos, which are the exclusive property of SKRED (hereinafter “Intellectual Property Elements”). The Intellectual Property Elements are made available to the User, free of charge, for the sole use of the Service and in the normal use of its functionalities.
6.4.5 This authorisation to use the Intellectual Property Elements is personal, non-exclusive and non-transferable. SKRED may at any time revoke this authorisation to use the Intellectual Property Elements.
6.4.6 The User is prohibited (and the User cannot grant permission to others) from copying, modifying, creating a derivative work, reversing the design or assembly or in any other way attempting to find the Source code (except as provided by law), sell, assign, sublicense or otherwise transfer any right in the Intellectual Property Elements. The User agrees not to modify in any way the Intellectual Property Elements.
6.4.7 In the event of non-conforming or improper use of Intellectual Property Elements, SKRED reserves the right to terminate the infringement of its intellectual property rights.
6.5 Third Party Sites.
The pages of the Services may contain hypertext links to websites published, hosted or operated by third parties (hereinafter referred to as “Third Party Sites”) over which SKRED does not exercise any rights of control. SKRED assumes no responsibility for the content of the Third Party Sites or the content to which Third Party Sites may refer. The presence of hypertext links to Third-Party Sites does not mean that SKRED approves in any way whatsoever the content of the Third-Party Sites. SKRED is not responsible for any modification or updating of the Third Party Sites. SKRED is not responsible for the transmission of information from the Third Party Sites or the malfunctioning thereof. These links to the Third Party Sites are offered to Users only for their comfort. The Users and/or Visitors are solely responsible for any transactions made with third parties, including advertisers, which appear on the web pages of the Service, including with respect to delivery operations and the settlement of goods and services.
7- Force Majeure.
SKRED cannot be held liable or considered to have failed in these conditions for any delay or non-performance, when the cause of the delay or non-performance is related to a case of force majeure as defined by the French jurisprudence of courts and tribunals including, in particular, act of Government, the attack of hackers, the unavailability of materials, supplies, spare parts, personal equipment or other; And interrupting, suspending, reducing or disrupting electricity or other or interrupting electronic communications networks.
8.1 Any complaint and or dispute from the User against SKRED must be formulated in writing and sent to SKRED not later than 15 (Fifteen) days from their operative event, under penalty of foreclosure.
8.2 Any notice given hereunder shall be in writing and sent to the address of SKRED. The User will take care to keep any acknowledgment of receipt. Such notifications shall take effect on the first working day following receipt by SKRED of the notification, unless technically impossible.
9- Legal Information.
9.1 The Application “SKRED” is operated by SKRED SAS with a capital of 37,000 Euros, registered with the RCS of Paris under the number 332 276 880 and whose registered office is located at 37bis, rue Greneta 75002 PARIS, FRANCE
9.2 Director of Publication of the SKRED Application Services: Mr Pierre BELLANGER, President.
9.3 Hosting Services: SKRED SAS with a capital of 37,000 Euros, whose registered office is located at 37bis, rue Greneta 75002 PARIS, FRANCE.
The fact that SKRED does not rely on any default or default of the User to any of its contractual or legal obligations cannot be interpreted as a waiver to avail itself of this failure or default.
The fact that SKRED does not rely on a provision of the ToS does not in any manner entail waiver of the benefit of such provision.
11- General Provisions.
11.1 Given the nature of their exchanges and in particular the dematerialisation of their relationship, the Parties agree that all computer records in the SKRED information system will, in the event of a dispute, be considered as evidence.
12- Assignment of jurisdiction.
THE TRIBUNAL DE GRANDE INSTANCE OF PARIS WILL ONLY BE COMPETENT TO HEAR OF ANY DISPUTE BETWEEN SKRED AND THE USER ABOUT, IN PARTICULAR, THE FORMATION, ENFORCEMENT, INTERPRETATION, TERMINATION OR RESOLUTION OF THESE TOS AND INCLUDING PROVISIONAL MEASURES, EMERGENCY PROCEDURES, IN CASE OF SUMMARY PROCEEDING, GUARANTEE CALL, PETITION OR PLURALITY OF DEFENDERS.