TERMS AND CONDITIONS OF USE
The website kozoom.com (“the Site”) provides each user with free access to a number of services available at the time of connection.
The Site allows equal access to a range of products and services paid for by the User, if desired, differential access to information, particularly to Live, magazine, video and the technical section.
These Terms and Conditions of Use are intended to set the rules for use of the Site by the User and the obligations of Kozoom Multimedia.
Thus, the User agrees at each of his visits to the Site to comply with these Terms and Conditions of Use that apply to all products and services available on the website, whether free or subscription purchases.
Consequently, the User accepts, plainly, and without reservation, all Terms and Conditions of Use before subscription, consultation information and/or simple free use of the site.
In case of subscription on the site, the acceptance of Terms and Conditions of Use occurs when the subscriber, after completing the Registration Form online clicks on the “submit” button on the page summary of his order.
Generally, the average Internet user accepts all Terms and Conditions of Use of the Site due solely to access the site.
Some services offered by the Site may require additional specific Terms and Conditions of Use. These Terms and Conditions of Use must be accepted by the User.
Kozoom Multimedia is free to change the Terms and Conditions of Use at any time. It is therefore recommended that the User refer regularly to the latest version of the Terms and Conditions of Use.
However, no modification of the Terms and Conditions of Use shall be binding on Subscribers whether it violates our Terms and Conditions of Use in force at the date of subscription.
In these Terms and Conditions of Use, the words or phrases beginning with a capital letter have the following meanings:
User: The User is any person physically accessing the site, for any reason, regardless of location and the manner in which the site was accessed. The User can be a Subscriber, Registered User, or simply an Internet user.
Registered User: The term “Registered User” refers to an individual, French or foreign, who consults with and has registered for access to free services on the Site.
Subscriber: The term “Subscriber” refers to a Registered User who has subscribed to premium subscription offers proposed by Kozoom Multimedia.
Acknowledgement: The term “Acknowledgement” refers to the email sent to the Subscriber or Registered User by Kozoom Multimedia summarizing the essential elements of his subscribtion contract, including so of the elements entered through the Registration Form.
Access codes: The term “Access codes” refers to the ID of the Subscriber or Registered User and his password connection provided to Kozoom Multimedia upon registration, enabling him to identify and connect to different services subscribed to and provided by the Site.
Account: The term “Account” refers to the space made available to the Subscriber or Registered User on the site, allowing access, after being identified via access codes, to all the data relating to his profile, invoices, and his profile that is published in the “Players” section.
Cookie: A “Cookie” is a small piece of information that a website can send to the hard drive of a personal computer to be able to know when the User is coming back. Some personalized services of the Site use temporary cookies in order to function properly, and require Users’ acceptance. If the browser of the User's personal computer is configured to refuse access to these services, they may be altered, but not impossible. Cookies used on the Site can also identify the services and items that the User has visited, and more generally behavior in terms of visits. This information is useful to personalize services, content, promotions and banners that appear on the site. The User can disable cookies or delete them using the options browser. Each browser is different and the User is encouraged to consult the record of his browser to configure it to his liking. The shelf life of such information in the User's computer is twelve (12) months after their placement.
Registration Form: The “Registration Form” is the form that allows the Subscriber or Premium Registered User to communicate his account information to Kozoom Multimedia.
Information: The term “Information” refers to all information and publications available on the Site.
Kozoom Multimedia: “Kozoom Multimedia” refers to the company identified at the beginning of these Terms and Conditions of Use.
Account: The “Account” is the information provided by the User during registration or at the time of connection, namely the personal data of the Subscriber or Registered User needed to mange his or her subscription access to the Site, chosen mode of payment, and selected services.
Customer Service: The term “Customer Service” refers to the service information and assistance provided by Kozoom Multimedia that is made available to Users. Customer Service can be contacted by using the support form on the website or by post to the following address: Kozoom Multimédia, SAV, 9 avenue des Frères Montgolfier - 33510 Andernos-les-Bains - France.
Signature: The “Signature” is the acceptance of these Terms and Conditions of Use by the Subscriber/ Registered User validated online by clicking on the button “validation” upon registration.
Site: The term “Site” refers to all products and services offered online by Kozoom Multimedia from the address: http://www.kozoom.com/en/carom/
Subscription Price: The “Subscription Price” is the price of the subscription agreed on by the Subscriber, as indicated on the Registration Form, effective the date of Signature.
Holder: The “Holder” is any physical person or legal entity holding property rights on information.
Kozoom Multimedia grants the User personal use of the Site, dismissible, non-transferable, non-negotiable, non-exclusive, free or fee based depending on the Information accessed on the Site.
III. ACCESS AND USE OF INFORMATION AVAILABLE ON THE SITE
3.1. The equipment (computers, telephone, software, modes of telecommunication…) that allows access to the Site and some of its specific services are the sole responsibility of the User as well as telecommunication costs incurred by their use.
3.2. When registering online, the User agrees to provide and maintain true, accurate and complete information as requested on the Registration Form without delay.
In the event that the User provides false, inaccurate, outdated, or incomplete information, Kozoom Multimedia is entitled to suspend or terminate his subscription and deny access to the Site for immediate and future use, under conditions referred to in Article V of these Terms and Conditions of Use.
3.3. Minors are permitted to register and/or subscribe to the Site, provided they have previously obtained permission from the holder(s) of their parental authority, the authorization to register and/or subscribe and that (the) owner (s) of parental authority has (have) vouched for the respect of the present Terms and Conditions of Use by the minor. Any use of services and/or subscriptions available on the Site by a minor is the sole responsibility of the owner (s) of parental authority.
3.4. Kozoom Multimedia grants the User a right of consultation, use and access to Information on the following conditions:
Generally, and without this list being exhaustive, the User agrees to:
Not to copy all, any, or part of the Site to another site or internal company network;
Not to reproduce, summarize, alter, modify, move, remove, replace, or re-transmit without prior written permission of Kozoom Multimedia, the editorial content of information [text (articles, title …) and/or reproduction (illustrations, photos …)] and/ or name, logo, Kozoom brand and / or Holders and / or any other information in relation to the rights of Kozoom Multimedia and / or holders of the information;
Not extract or reuse, including for private purposes, a substantial part of the content of databases and archives established by the Site without written authorization from Kozoom Multimedia;
To implement systems adapted to technical developments to prevent “piracy” of information and in particular to prevent misuse of any information in any form whatsoever contrary to these Terms and Conditions of Use;
To inform Kozoom Multimedia as soon as “hacking,” and in particular of any unauthorized or non-contractual use of Information, regardless of the mode of distribution;
Violation of these provisions subjects the User and all those who have participated in criminal and civil penalties as provided by law.
IV. USE OF PERSONAL DATA AND RESPECT FOR PRIVACY
4.1. The Access codes allow the User to identify and connect to services entered on the Site. These Access codes are personal and confidential. They may be modified online by the User or Kozoom Multimedia at the User’s request (passcode forgotten, hacked …).
The User is solely responsible for the use of Access codes. Unless provided otherwise, any connection to the Site or transmission of data carried from Access codes to the User shall be deemed to have been effected by it.
4.2. The User agrees to keep his Access codes secret and shall not disclose them in any form whatsoever to third parties. In this respect, the User has the opportunity to ensure that after each session, he can disconnect explicitly.
In case of loss, theft or accidental disclosure of Access codes, the User must promptly notify Customer Service, via the website, email or post mail. The User will then receive a new password.
4.3. Opening a new session with the Access codes already in use will automatically close the first open session.
4.4. Kozoom Multimedia respects the privacy of Users and complies strictly with applicable laws on protection of privacy and individual liberties. Thus, the personal data transmitted by each User is intended for Kozoom Multimedia services. They are in no way passed on to third parties for advertizing and promotion without prior agreement.
Pursuant to the provisions of Act No. 78-17 (n° 78-17 according to French law) of January 6, 1978, as amended by Act No. 2004-801(n° 2004-801 according to French law) of 7 August 2004, relating to this data, files and freedoms, each User has a right to opposition, access, rectification and deletion of data. Each User can exercise this right at any time online by going to his Account on the website or by writing to Customer Service by using the online support form or by mail: Kozoom Multimédia, SAV, 9 avenue des Frères Montgolfier - 33510 Andernos-les-Bains - France.
Moreover, Kozoom Multimedia ensures that all processing of personal data is also subject to law No. 78-17 (n° 78-17 accoding to French law) of January 6, 1978, as amended by Act No. 2004-801 (loi n° 2004-801 according to French law) of 7 August, relating to data, files and freedoms.
V. EFFECTIVE DATE – DURATION – TERMINATION
5.1 The commissioning of a subscription is made by Kozoom Multimedia promptly, especially in light of technical possibilities and no later than 10 days after the subscription of the subscription by the subscriber.
If the commissioning of the subscription has not been completed within the period of 10 days referred to above, except in cases of force majeure referred to in section A.5.5., the subscription may be canceled by registered mail with return receipt sent by the Subscriber to Customer Service.
The Subscriber may then obtain reimbursement of the subscription within a period not exceeding thirty (30) days after sending his letter with return receipt requested, to the exclusion of any other compensation or punitive damages.
The commissioning of an electronic subscription takes place upon receipt by e-mail by the Subscriber of his Access codes regardless of the mode of subscription and payment, unless special conditions are mentioned in the subscription offer.
5.2. Pursuant to Article L 121-20 of the Consumer Code, the Subscriber has a right of withdrawal in case of a “Premium” subscription.
This right may be exercised within seven (7) days after the subscription, by mail addressed to Customer Service.
The subscriber may then obtain reimbursement of the subscription within a period not exceeding thirty (30) days after sending this letter.
The right of withdrawal cannot be exercised if the Subscriber or Registered User has used his subscription, during this period of seven (7) days, to access and use paid Information.
5.3. The subscription is either for a fixed term or for an indefinite period.
5.3.1. If the subscription is valid for a period of at least one (1) year, the Subscriber may terminate it at any time, respecting notice of fifteen (15) days for good cause shown due to unemployment, incarceration , long hospitalization, debt, death, blindness or personal bankruptcy affecting the physical integrity of such gravity that makes the use of his subscription impossible.
In these cases, a repayment will be made in proportion to the amount received for the period remaining to serve.
The fixed-term subscriptions are not automatically renewable. Failing to have purchased a new subscription at the end of the established period, causes an end to the subscription.
5.3.2. Subscriptions of unlimited duration may be terminated at any time by the Subscriber or Kozoom Multimedia with a notice of one (1) month.
In this case, the Subscriber can easily take care of this "end renewal" by checking their account on the Kozoom Magazine
5.4. The Subscriber may terminate his subscription agreement if a serious breach is made by Kozoom Multimedia within its obligations, (30) days after a notice to fulfill the contract has been sent by registered mail with return receipt unheeded. This letter with acknowledgment of receipt should be sent to Customer Service.
5.5. Neither the Subscriber nor Kozoom Multimedia be liable towards each other from the non-performance or delay in performing any obligation contained in these Terms and Conditions of Use and / or contract subscription due to the occurrence of an event of force majeure, as recognized by the jurisprudence of French courts.
The case of force majeure shall suspend the obligations under these Terms and Conditions of Use and / or subscription contract throughout its duration.
5.6. The arrival of the term or termination of the subscription contract will delete the Subscriber's access to his subscription. However, the Subscriber data retains its profile as a Registered User.
5.7. Kozoom Multimedia reserves the right to suspend and / or automatically terminate, without compensation and without legal formality, any subscription, or other paid Information service in case of serious breach by the Subscriber or the Registered User to these Terms and Conditions of Use. This termination shall take effect thirty (30) days after sending a notice carried out by registered mail with return receipt, if no action has been undertaken by the Subscriber or Registered User, without the right to request the payment of any compensation from Kozoom Multimedia.
VI. RATES AND TERMS OF PAYMENT
Rates for subscriptions are advised before any subscription and are periodically revised. Their latest update can be found on the site at:
For Subscriptions: http://mag.kozoom.com/en/carom/register.html
Rates are exclusive of special offers or promotions.
The subscription Rate is applicable on the day of their subscription. Any change to the price of subscriptions is therefore irrelevant to the current subscription.
6.2.1 The payment of a subscription
The settlement of a subscription can be made by the Subscriber:
By entering the credit card number, its expiration date and the last 3 numbers on the back of the card directly on the Site for which payment is secured by Ogone
By bank transfer
The Subscriber is billed on the date of effect of the subscription or the date of subscription.
The amount due is payable upon invoice date or renewal date.
6.2.2 Payment incidents and complaints
188.8.131.52. Where Kozoom Multimedia did not receive or could not cash the Subscriber's settlement, said subscription will be suspended and then discontinued if the Subscriber does not regularize the payment within 30 (thirty) days after the commissioning of the subscription, thus failing to effect the recovery of emails.
184.108.40.206. Any claim or disputed invoice the Subscriber may have can be made by postal mail addressed to Customer Service.
220.127.116.11. Any claim or disputed invoice the Subscriber may have can be forwarded to Kozoom digitally by using the online support form on the website.
VII. RULES FOR USE OF THE INTERNET
Kozoom Multimedia undertakes to use its best efforts to secure access, view and use Information in accordance with the rules of Internet applications.
The Site is accessible 24 hours 7 days per week (24/7) except in cases of force majeure or the occurrence of any event beyond the control of Kozoom Multimedia and subject to possible breakdowns and maintenance necessary for the proper functioning of the Site.
Maintenance operations can be performed without the Users having been previously warned.
The User agrees to the characteristics and limitations of the Internet, and especially recognizes that:
use of the Site is at your own risk and the Site is accessible in a "state" and depending on its availability;
all appropriate measures must be taken to protect User’s own data and / or software from contamination by viruses circulating through the Site and / or Information;
no advice or information, whether oral or written, obtained by Users of Kozoom Multimedia when using the Site is likely to create any warranty not expressly stated in these Terms and Conditions of Use. The User is solely responsible for his use of Information presented on the Site;
he is solely responsible for the use of the content of the sites with a hyperlink to/from the Site;
he is aware of the nature of the Internet, particularly its technical performance and response times for consulting, querying or transferring Information;
communicating his Access codes or generally any information deemed confidential is made under his own responsibility;
he must take all necessary measures to ensure that the technical characteristics of his equipment enable the consultation of Information;
In case the Site or any portion of the Site is unavailable due to Kozoom Multimedia, Subscriber or Registered User may be compensated for downtime found by writing to Customer Service.
The refund request must be addressed to Customer Service by postal mail. Unless otherwise agreed by the Subscriber or Registered User, Kozoom Multimedia can make these payments as credits on the next invoice.
VIII. INTELLECTUAL PROPERTY OF KOZOOM MULTIMEDIA
8.1. Kozoom Multimedia is the exclusive owner of all intellectual property rights concerning both the structure and the content of the Site.
8.2. These Terms and Conditions of Use do not transfer intellectual property rights for the benefit of the User in terms of both the structure and the content of the Site.
Thus, the User specifically agrees not to use the Information so as to prejudice the rights of Kozoom Multimedia and that such use does not constitute an infringement or unfair competition or abusive Information.
IX. LIMITATION OF LIABILITY
Kozoom Multimedia can give no guarantee as to the reliability of all Information and other data on the Site, whether provided by Kozoom Multimedia, partners or any third party.
Accordingly, all Information and other data on the Site are provided solely for informational purposes.
The provision of information cannot be equated in any way whatsoever, to specific advice or help with the decision to conduct a transaction or take any investment decision. User acknowledges, therefore, to use Information and other data on the Site that are offered to him at his own peril.
If the User purchases products or services from advertisers on the Site, Kozoom Multimedia, assumes no obligation regarding the delivery of products and services offered by its trading partners.
10.1. If any provision of these Terms and Conditions of Use held to be invalid or unenforceable under any law, regulation or following a final court decision, it would be disregarded and other provisions remain in force.
10.2. The contractual relationship between Kozoom Multimedia and User shall be governed solely by the provisions of these Terms and Conditions of Use.
10.3. Subscriber or Registered User shall not assign all or part of the rights and obligations resulting from its subscription prior to agreement and written Kozoom Multimedia and subject to the strict observance of the conditions set forth in these Terms and Conditions of Use.
XI. LAW AND JURISDICTION
11.1. These Terms and Conditions of Use are governed in all respects to French law. They were written in French which will be considered in any event, as the single language.
11.2. The parties agree to do their utmost to resolve amicably any dispute that may arise from the interpretation, execution and / or termination of these Terms and Conditions of Use.
Otherwise, such a dispute shall be submitted to the exclusive jurisdiction of the competent French courts, even if requested or in the case of security incident or multiple defendants.