Aozora's Terms of Service
This agreement was written in French. To the extent any translated version of this agreement conflicts with the French version, the French version controls.
Copyright & neighbouring rights
All elements of aozora.me domain (texts, graphics, softwares, photos, images, videos, sounds, maps, names, logos, brands, creations and any work eligible to copyright, databases, etc.) as well as the website itself, are protected by French and international laws on copyright and neighbouring rights (especially articles L122-4 et L122-5 of the Code de la Propriété Intellectuelle).
Those elements are exclusive property of Aozora, except for the elements made by outsiders to the aozora.me domain websites who haven’t transfer copyright and/or related rights.
As a consequence, the user of aozora.me domain websites commit to respecting not to :
- use or interrogate aozora.me domain websites on the behalf or benefit of others
- copy or reproduce in a large scale, to commercial or non-commercial purpose, informations or ad classifieds existing on the aozora.me domain websites
- integrate all or part of content of the aozora.me domain websites in a third party website, no matter the commercial or non-commercial purpose
- use bots, especially exploration bots (spider), a website searching, scanning or recovering software or any other way to compile, index or archive all or part of the aozora.me domain websites, excepted if specifically and formerly permitted by Aozora
- copy data on supports of any kind enabling to recreate all or part of the original files.
Any not specifically permitted use of elements of the aozora.me domain websites is a copyright violation and is considered counterfeit. It may also be a violation to image rights, to the rights of persons or any other right or law in force. This may engage the civil liability and criminal responsibility of the offender. Aozora reserves the right to take any legal action against offenders.
Database producer rights
Aozora is the producer of all databases build by the aozora.me domain websites like described in the article L 341-1 and following of Code de la Propriété Intellectuelle. Any non specifically permitted extraction or use of any data from the databases may engage the civil liability and criminal responsibility of the offender. Aozora reserves the right to take any legal action against offenders.
Use of content
Content publicly displayed on a aozora.me domain website can also be displayed on other aozora.me domain websites, as well as partners websites or so called "social media" websites. The user of Aozora services fully and explicitly accept this prerogative.
Personal information protection
As required by law n°78-17 du 6 janvier 1978, called “Informatique et libertés”, the aozora.me domain websites are registered to the Commission Nationale de l’Informatique et des Libertés (C.N.I.L) at number: 2000869-v0 and 2000870-v0. As required by the article 27 of law n°78-17 du 6 janvier 1978, you have a right to review and rectify data concerning you at any time. This right can be exercised by emailing firstname.lastname@example.org.
By the use of the online payment services on aozora.me domain websites, the user accept his data that are strictly mandatory to execute the transaction are transmitted to the payment gateway provider. It is the responsibility of the provider to inform the user of the further use of those data.
Aozora denies any responsibility for:
- interruption of services of the aozora.me domain websites due to maintenance or data updates
- momentary inability to access the aozora.me domain websites (and/or others related websites) because of any technical problems
- direct or indirect prejudice, regardless its nature, caused to the user, because of the content, the access or the use of the aozora.me domain websites (and/or other related websites)
- abusive or fraudulent use of the aozora.me domain websites. The user of the aozora.me domain websites is therefore fully responsible for the prejudice caused to third party and for the consequences of any actions that it may lead to. The user also waives all recourse against Aozora in case of legal actions taken against him by a third party because of an abusive or fraudulent use of the aozora.me domain websites
- the loss by the member of the aozora.me domain websites of his login and/or password, or in case of identity theft.
- direct or indirect prejudice, regardless its nature, caused to the user, because of the use of payment gateway to collect or execute payments.
In particular, Aozora have no liability for on line payment: they are executed through a payment gateway. All parties involved in a transaction therefore automatically accept terms of services of the payment gateway provider as soon as they chose to use their services.
Aozora is only charging a fee based on the transaction, and is not, at anytime given time, in possession of the funds. Aozora's responsibility is therefore not engaged in case of dispute between users. Users shall contact the payment gateway provider to assert their rights.
The aozora.me domain websites may include hyperlinks to websites runned by third parties. These links are only provided for information. Aozora have no control on those websites and denies any responsibility towards the access, the content or the use of theses websites, as well as any prejudice resulting from their reading and/or use. The decision to follow those links is the full and entire responsibility of the user.
Aozora reserves right to modify, at any time, and without restrictions, the Terms of Service of the aozora.me domain websites. Everyone visiting the aozora.me domain websites is invited to regurlarly read the Terms of Service, in order to check possible changes. Your continued use of the aozora.me domain websites, following notice of the changes to our terms, constitutes your acceptance of our amended terms.
Any claim, cause of action or dispute (claim) that may appear about the validity, the understanding, the acceptance or the execution of the Terms of Service, whatever is the subscription or payment location, will first be answered by trying to reach an amicable settlement that both parties commit themselves to seek. If such a solution can happen within three (3) months, the relevant jurisdiction is the court in charge at the location of the Aozora company head office. Those Terms of Service are submitted to French law: unless there is an imperative obligation saying differently, or in case a choice is given to determine which law applies, the French law will apply.
Stripe payment gateway
Aozora is deeply concerned about privacy. Especially, we want to explain the reasons for us to ask about personal information.
At any moment you can refuse to share this information, and in accordance with legal requirements, you have right to information, access and correction of your personal data, as described in the Terms of Service.
In a process of reciprocity, some services may be then disabled, especially if they suggest access to similar information, or invasion of privacy of other users.
Name of the register
Registre des utilisateur des services d'Aozora.
Use of personal details (purpose of register)
Personal details are collected to make communication and use of service possible. Details can be used for communication between service providers and users and also for direct communication between users. Some personal details are visible on the profile page of the user, but those details are voluntary (except name).
The handling of personal details is not outsourced, but the register data is stored on a server that is rented from a third party company.
Information content of the register
The following information may be stored in the register:
- Personal details: Name, email address, phone number, street address
- Account details: username, password (stored in encrypted format)
- The description text that the user may write about him/herself
- The offers and requests the user has posted to the service
- The given and received feedback and badges
Statistical data about service usage, e.g. number times the user has logged in
Regular sources of information
Personal details are given by the user on registration to the service or when using it later.
Accessing Personal Information
Aozora will allow you, at any time, to access, edit, update and/or delete the personal information that we hold about you, unless:
- we are legally permitted or required to deny you access to, and/or to retain, the information; or
- you make request(s) that are unreasonably repetitive, require Aozora to make a disproportionate technical effort (for example, to develop an entirely new system), risk the privacy of others, or would be highly impractical to comply with.
If you wish to access the personal information Aozora holds about you, you should contact us here. If you wish to delete your account, you should go to your settings page and click on "Permanently delete my account" in Account section.
We need to prevent information in our systems from being accidentally or maliciously destroyed. This means that, when you delete information from our services, residual copies of that information on our active servers, as well as any corresponding information on our back-up systems, may not be immediately deleted.
Regular handovers of the information
The information may be handed over for research purposes as described in the Terms of Service that the user accepts before starting to use the service. The researchers may not publish any research results so that identifying information would be revealed or that any specific user could be detected.
Information considering users of a single Aozora community may be handed over to the client who has founded that community or to the community administrators appointed by that client.
Transfers of the information outside the EU and the European Economic Area
Information may be stored to a server that may be located inside or outside of the EU and the European Economic Area
Register protection principles
The information is stored on computers. The access to the information is restricted with passwords and physical access to the computers is restricted by the server hosting company.
Aozora, Société par Actions Simplifiée au capital de 8000€
RCS Lyon 839 823 986
Head office : 63 rue André Bollier, 69007 LYON, France.
SAS au capital de 10 059 500 €.
RCS Lille Métropole 424 761 419 00045
Code APE 6202A
N° TVA : FR 22 424 761 419
Head office : 2, rue Kellermann, 59100 Roubaix, France.