Terms and conditions

IMPORTANT : PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENCE AGREEMENT CAREFULLY BEFORE USING THE SOFTWARE.

DJINGLE IS WILLING TO LICENCE THE SOFTWARE TO YOU AS THE INDIVIDUAL (REFERENCED BELOW AS “THE USER” OR “YOU” OR “YOUR”) THAT WILL BE UTILIZING THE SOFTWARE ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS OF THIS LICENCE AGREEMENT.

THIS IS A LEGAL AND ENFORCEABLE CONTRACT BETWEEN YOU AND DJINGLE.

BY OPENING THIS PACKAGE, CHECKING “I ACCEPT” OR INSTALLING AND USING THE SOFTWARE, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT.

IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MUST NOT INSTALL THE SOFTWARE.

It is hereby agreed between the Parties as follows :

1. Object of the agreement

The object of the agreement is the use of the Software and all its images, text and code fragments (collectively called Software) through the User.

DJINGLE provides a copy of the Software exclusively to the named User (not to include partners, re-sellers, its own Users, distributors, associates or otherwise).

2. Agreement

DJINGLE grants You the not exclusive and personal rights to use a copy of the Software in order to use the services provided by DJINGLE and another company (if these services are co-branded and offered in conjunction with another company).

You can:

- Use the Software on one or more personal computer

- Copy the Software for backup purpose

3. Licence restrictions

This Licence agreement does not allow You to sell or distribute the Software, or create derivated services using the Software, even if You are not selling these services.

You are not allowed to:

- Modify, analyze or break the Software;

- Cease the intellectual property of DJINGLE on the Software;

- Pick up the contents or materials delivered through the Software in order to store them or to deliver them by Yourself;

4. Liability

In no event will DJINGLE or any of its employees be liable to You for damages, including any general, special, incidental or consequential damages arising out of the use or inability to use the Software (including but not limited to the loss of profit, loss of data or data being rendered inaccurate or losses sustained by You or third parties or a failure of the program to operate with any other programs), even if such holder or other party has been advised of the possibility of such damages.

In no event will DJINGLE be liable for incompatibility with third party software and for the way the User is using them.

It is the User's responsibility to make sure the location they plan to install the Software on, meets the minimum requirements.

The User confirms by acceptance of this Licence, that DJINGLE makes no promises which surpass this contract.

As far as claims for damages are excluded according to the paragraphs above, this exclusion encloses claims of prohibited actions as well as claims against employees of DJINGLE.

5. Privacy policy

DJINGLE is committed to protecting your privacy.

This Privacy Statement applies to data collected by DJINGLE through the Software.

In order to access the service, you will be asked to sign in with an e-mail address and other personal information, which we refer to as your “credentials”.

Finally, a unique ID number will be assigned to your credentials which will be used to identify your credentials and associated information.

We may collect information about what you are watching using the Software, including the pages you view, the links you click and other actions taken in connection with our services. We also collect certain standard information that your browser sends anyway to every website you visit, such as your IP address, browser type and language, access times and referring Web site addresses.

DJINGLE collects and uses your personal information to operate and improve its services. These uses may include providing you with more effective customer service, making the services easier to use and displaying content and advertising that are customized to your interests and preferences.

We also use your personal information to communicate with you. We may send certain mandatory service communications such as welcome letters, information on technical service issues, security announcements, or other kind of information.

Except as described in this statement, we will not disclose your personal information outside of DJINGLE and its controlled subsidiaries and affiliates without your consent.

If the service you register for is offered in conjunction with another company, both DJINGLE and this other company may receive information collected in conjunction with the co-branded services.

You may have the ability to view or edit your personal information directly on the Software user interface.

You also have the ability to ask us to modify or delete your personal information from our databases. Please contact us by email (info@djingle.com) or by mail:

DJINGLE
User Service
79 rue Hippolyte Kahn
69 100 VILLEURBANNE
FRANCE

6. Delivery of content

When requesting delivery of content using the Software, the content that you are requesting may be relayed from your machine to other Users through a network called P2P network.

You agree to participate this principle when you accept the Licence.

The Software may access content stored on your personal computer and reproduce portions or all of this content to other Users who request delivery of such content.

7. Support and updates

It is technically not possible to exclude Software errors completely.

DJINGLE does not guarantee that the Software cooperate with other programs used by the User. The support and updates will be dropped as long as the User changed or extended the Software or uses the Software against the conditions in this Licence.

Software support may be provided by DJINGLE through auto-updates processes.

DJINGLE is not obliged to provide present and future software updates to the User.

8. Intellectual Property

The ownership of the intellectual copyright of the Software covered by this Licence is retained exclusively by DJINGLE and does not transfer to the User.

An acquisition of the Software rights more than mentioned in this Licence is not possible.

You may not remove any copyright notices, addresses, and other information found inside the code of the Software. If caught removing our copyright Your Licence will be terminated and You will not be allowed to use the Software.

The ownership of the intellectual copyright of the contents or materials delivered through the Software is retained exclusively by their authors and is handled by intenational copyright laws.

9. Consideration

The providing said Licence is free for the User.

10. Terms of Usage

The term of Licence is indefinitely. The right of the User expires as well if any other condition of this contract is violated.

When ending the right to use the Software, the User is obliged to destroy the Software copies and possible changed copies.

11. Exclusion of Other Terms

No other agreement, representation, promise, undertaking or understanding of any type unless expressly accepted in writing by DJINGLE shall alter, supersede or operate as a waiver of this Agreement.

12. Legal Jurisdiction

This agreement shall be governed and construed in accordance with French Law.

Any disputes arising hereunder will be settled before a competent Lyon court of law.

SHOULD YOU HAVE ANY QUESTIONS CONCERNING THIS AGREEMENT, OR IF YOU DESIRE TO CONTACT DJINGLE FOR ANY REASON, PLEASE WRITE TO:

DJINGLE
User Service
79 rue Hippolyte Kahn
69 100 VILLEURBANNE
FRANCE

Copyright DJINGLE © 2008