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Conditions of Use

Versión de fecha 2014-11-01

The present Conditions of Use (“Conditions”) were drawn up in order to protect both the community aspect of the OSMOZ site, and each member’s rights. If you have any questions about these “Conditions,” please feel free to contact us at: contact@osmoz.fr

The purpose of these “Conditions” is to regulate access and use of the “Site,” including the use of any Contents or features that are accessible on the “Site”.

The Site is open to everyone, whether they are representing themselves, their firm or organization, or a third person, whether or not they are accessing it within the context of a professional activity – involving sales or not – that uses the “Site” after having been informed about and accepted these “Conditions.”

The Site is  run by Adveris, a limited company with a capital of 120 000 euros, in the “Registre du Commerce et des Societes de Paris,” number 510 706 997, whose headquarters are located at 130 bd Haussmann - 75008 Paris FRANCE.

 

1. Definitions

The terms and expressions identified with an initial capital letter in these Conditions of Use, including the preceding preamble, are to be understood according to the meaning defined below, whether they are employed in the singular or the plural.

“Conditions of Use” indicates the present terms and Conditions of Use of the Site

“Content” designates any information, data, comments or content, especially that which could be protected by copyright, design rights, brands’ rights or model’s rights, such as creative, audiovisual or multimedia works, brands and logos that the User provides to other Users on the Site or allows them to view on the Site, in compliance with the Terms and Conditions of Use.

“Site” designates the Internet site accessible at the address www.osmoz.com and/or at any other address with a different extension.

“User” designates a party, which can be a human being or a legal entity, acting on their own or representing a third party, performing a professional activity, whether it is commercial or not, who uses the Site after having read and accepted the Conditions of Use.

 

2. Acceptance of Conditions of Use

Your access and/or use of the “Site” as a “User”, whether registered on the “Site”or not, implies unconditional acceptance of the “Conditions” and the “Personal Data Policy”. In case of disagreement with the terms and conditions of these “Conditions,” you shouldn’t use the “Site.”

You must be authorized to enter into a business relationship. If you are accessing or using the “Site” in your employer’s name or from their account, you declare that you have received the necessary powers and delegations to represent your employer.

Adveris reserves the right to modify both the ”Conditions” and the Personal Data Policy at any time. Insofar as possible, the “User” will be informed about these modifications via the “Site.” Use of the “Site” after these modifications implies unconditional acceptance of the modified “Conditions.”  

 

3. Site’s Purpose

The “Site” is a community website dedicated to perfume and fragrance that allows “Users” to view, access, upload, post, share, comment on and evaluate the “Contents” provided. The purpose of the “Site” is to provide and share information about fragrances and cosmetics.

In the absence of preventive measures, the Site is accessible from anywhere, as long as minimal technical conditions have been met, particularly in terms of access to the web, cell- phone networks, and technical compatibility of the material used. Considering the web’s international character, Users agree to respect all rules concerning web users’ behavior applicable in the country from which they are using the site.

In accordance with standard internet practice, Adveris can place advertising on any and all pages of the “Site.”

Adveris has the right to modify or move the “Contents” of the “Site” at any time, and to temporarily suspend or permanently terminate all or part of the “Site,” without having to previously inform “Users”.

 

4. Personal Data

Use of the “Site” implies unconditional acceptance of the Personal Data Policy.

Please take the time to read this Policy, in order to be aware of your rights and obligations in terms of personal-data management on the “Site”.

You promise to access other “Users’” “Contents” for personal and non-commercial reasons only.

 

5. OSMOZc/o Adveris copyright

This Site is the exclusive property of OSMOZ c/o Adveris.

OSMOZ is a community brand registered to the OSMOZ group c/o Adveris. Consequently, neither the OSMOZ brand nor the logo can be used or distributed in any way without the expression permission of OSMOZ c/o Adveris.

OSMOZ c/o Adveris retains all of its rights on all elements of intellectual property.

All advertising and images presented belong solely to the authors or copyright holders. Any commercial use of them is strictly forbidden without the prior agreement of the author or copyright holder.

Any image presented on the ”Site” can be removed at the author’s request, simply by writing to contact@osmoz.fr

Adveris grants you the free, personal, non-exclusive and non-transferable right to access and use the“Site” on condition of your acceptance of and respect for the “Conditions” and the Personal Data Policy. All other rights to the“Site” are specifically excluded. The structure, presentation and elements of the “Site” (particularly, but not exclusively, all text, graphics, logos, design elements, names, brand names, designations, thumbnails, technical features, interfaces, images, sounds, data and photographs) as well as any other material or software or any “Contents” included on or accessible on and/or from the ”Site” other than your own “Contents” and the “Contents” of other “Users” (all “Contents” protected by intellectual-property law) is the exclusive property of Adveris.

For this reason, no “Contents” or any part of them may be reproduced, represented, downloaded, copied, modified, deleted, distributed, transmitted, broadcast, sold, rented, ceded, or used in any way without Adveris' specific prior written consent. You agree not to use or take advantage of OSMOZ “Contents” for any other reason than those described in these “Conditions”.

 

6. Your User Account

 “Users” are not authorized to access the full range of features and Services offered on the “Site” until they have created an account, which involves accepting the “Conditions” and providing the information required on the Registration Form. “Users” can also use the “Site” by activating the connection directly through their Facebook account.

When signing up for the “Site,” “Users” choose a log-in and a password that will allow them to access their account. “Users” promise to preserve the confidentiality of their log-in and password and to take responsibility for access to their computer. “Users” bear full and sole responsibility for all actions performed on their account, that is to say any actions performed with access via their log-in and password, including but not exclusively, transfers and uploading or downloading “Contents”.

You declare that you will give complete, accurate and non-deceptive personal information that allows for precise identification in case of dispute or litigation. Providing far-fetched, offensive or libelous personal information can lead to your account being terminated.

Adveris reserves the right to refuse to open certain accounts or to close or cancel accounts without notice if you infringe on the present “Conditions”or if Adveris, decides, at their own discretion, that it is in Adveris' best interest to do so. You are required to respect any cancelation or other warning about your account, including, if that is the case, immediately ceasing to use the “Site”.

Registration on the “Site” as well as access to all Services is free. That notwithstanding, Adveris does not guarantee that access to all features and services will remain free indefinitely. If any paying services are established, Adveris will inform “Users,” and access to paying services will be dependent on their expressing their agreement and awareness that payment is required. If paying services are established, new “Conditions” will be written and submitted for “Users” consent.

There are three different types of accounts on OSMOZ:

WELCOME ACCOUNT: “Users” are not registered and can not access the reward system. They are not included in any counting system.
 

EXPERT  ACCOUNT: EXPERT accounts are created by the OSMOZ staff. These accounts have no deadlines or time limits. They are not connected to a point system or counting acts. “Users” with an EXPERT account can comment on articles and/or fragrances. They are not eligible for any Rewards.
 

BRONZE/SILVER/GOLD REWARD ACCOUNT: “Users,” who have signed up on the “Site” of their own accord, obtain a certain number of points allowing them to be recognized, with attendant advantages. These points can offer the possibility of being included in prize draws and of winning certain defined gifts and prizes.

Point system:

  • partial registration: 50 points
  • completing your profile: 10 points per question answered, up to 300 points for a completed registration
  • completed registration: 300 points
  • sharing “Contents” on a social network: 2 points
  • posting a comment: 20 points
  • micro-action: 5 points

Points are valid without time limit.

Reward Level 1: (Bronze)
Conditions required: 300 points. (= completed inscription)
A monthly filter allows new members who could achieve BRONZE status to be identified

Reward Level 2: (Silver)
Conditions required: 600 points (see point system)

Reward Level 3: (Gold)

Conditions required: 2,000 points
Reward: “User” will be featured prominently on the OSMOZ  “Site” (portrait or profile featured on the front page of the “Site” or in an OSMOZ newsletter) within 6 months of obtaining Gold status. “Users” will also benefit from Gold status, allowing them to participate in the monthly OSMOZ BOX draw, for up to 3 boxes a year.


7. Products, services and samples

All products, services and samples that we provide are intended strictly for your personal use only. You may not sell any products, services, or samples that you receive from us.

 

8. “User’s” Commitments

“Users” promise to use the Site and its Services in a manner that is in compliance with the stipulations of the Conditions of Use.

In particular, “Users” promise to respect:

  • The stipulations in the Conditions of Use.
  • Technical specifications specified on the Site for uploading Content. These technical specifications may be modified by osMoz c/o Adveris depending on the evolutions of the Site and /or of technology.

“Users” are not authorized to interfere with the Site or the activities of osMoz c/o Adveris via software, or to do anything that might disturb or aim to disturb the “Site”.

“Users” may not modify, add to or delete “Content” except in the spaces provided for this purpose. All other pages of the “Site” are strictly reserved for osMoz c/o Adveris.

Uploading “Contents”: As a “User” who has registered on the “Site”  according to the terms of Article 4 of these “Conditions”, You are identified by your (mandatory) pseudonym, and You have an account with which you can publish various items (videos, images, comments) on your “Site” (Your “Contents”).

“Users” are responsible for the “Content” they display on the “Site”.

“Users” agree that the “Content” displayed on the “Site” can also be visualized via widgets or on other sites belonging to Adveris, particularly those accessible from mobile phones.

Each and every time they upload “Content”, “Users” promise to respect the applicable laws and regulations, particularly those concerning publishing items that are libelous, racist, pornographic, defamatory, pedophile, Holocaust denying and/or violating human dignity. Users also promise not to violate a third party’s rights.

For this reason, “Users” promise in particular not to submit to the “Site Content”, of any type or in any presentation, that:

  • could be considered as a justification of crimes against humanity or war crimes, a justification of Nazism, of crimes or offenses; or as denying the existence of crimes against humanity or recognized genocides, or as a violation of human dignity.
  • is violent or pornographic, pedophile or harmful to children.
  • disturbs the peace or offends morality.
  • is defamatory or harmful, flaming, untrue or libelous towards a third party whether that party is a legal entity or human being.
  • constitutes an act of counterfeiting, unfair business practice or parasitism.
  • is racist or xenophobic, that denies the Holocaust or harms another person’s honor or reputation, is an incitement of discrimination, hatred or violence towards another person or group of people because of their origins, gender, marital status, physical appearance, name, health, handicap, genetic characteristics, mores, real or supposed sexual orientation, age, political opinions, or labor-union activities, their real or implied membership in or belonging to a given ethnic group, nation, race or religion.
  • violates another person’s right to privacy and/or their own image.
  • contains viruses, worms, Trojan horses or any other files or computer programs that could interrupt, destroy or restrain the services and/or capacities of any feature on any computer or computer network that is connected directly or indirectly to osMoz c/o Adveris' activities.
  • is threatening to any person or group of people.
  • is an incitement to commit a crime, offense, or act of terrorism.
  • violates the secrecy of private correspondence.
  • allows a third party to access, directly or indirectly, software that is pirated, programs allowing for pirating or intruding into ICT and tele-communications systems, or any program or anything else that allows anyone to violate another party’s rights, safety or property, and more generally:
  • anything that is not in compliance with all applicable laws, rules and regulations.

“Users” agree to renew this commitment to osMoz c/o Adveris every time they submit “Content” by clicking the “I acknowledge that I have read and accepted the Terms and Conditions of Use” button before they can upload said “Content” to the “Site”.

By displaying “Content” on the “Site”, “Users” authorize Adveris, other “Users” and any third party to use, reproduce and represent the said Content, wholly or partially, by any means and in any media, particularly other pages of the Site, on any other website (such as a personal page, a blog, or a site accessible from a cell phone like an iPhone) or via interface devises like widgets, whether or not they are associated with other contents of any type, whether similar or different. This right to use, reproduce and represent the Content includes, but is not limited to, the right to modify, adapt, anthologize or separate, translate, sub-title or sub-license, for the needs of Adveris, Users or third parties, for the length of the legal protection of copyright for the entire world.

“Users” have the option at all times of removing from the “Site” any “Content” they have displayed on it.

“Users” who display Content on the Site grant and other “Users” the enjoyment and peaceful exercise of all rights attached to the “Content”.

“Users” safeguard Adveris and other “Users” against any problems, legal actions, claims, opposition or other difficulties of whatever nature coming from third parties that consider that any of the “Content” violates their rights, as well as against any damages or liability stemming from the exercise of the rights attached to the “Content”.

Users declare in particular that they own the rights to the “Content” displayed on the “Site” or that they have obtained from the owners all required permission and rights for displaying “Content” on the “Site” and for any other use of the “Content” in according to the conditions specified in the “Conditions of Use”.

Users promise to entirely reimburse Adveris and/or any other Users at their first request for any expenses, damages, interest or legal costs (including lawyers’ fees, costs and expenses not included in the damages) incurred by osMoz c/o Adveris and/or other Users for having reproduced, represented or used Content in any way that is in accordance with the Conditions of Use.

The “User” is also informed about and acknowledges that, due to the intrinsic features of the Internet and computer technology, data published on the “Site,” particularly the “User’s” “Contents”, is not protected against the possibility of misappropriation and/or fraud, and that Adveris can not be held responsible if that should happen. It is the “User’s” responsibility to take all appropriate measures to protect their “Contents”.


9. Consulting and Use of “Content”

The “Site” may contain or refer in particular to brand names owned by third parties or to elements protected by copyright. During consultation and use of the Content displayed on the “Site” by third parties, “Users” promise to respect the rights of any third parties to this “Content”, in all circumstances, even when they are not connected to the “Site” (particularly in the case of exporting one’s profile or content displayed on the Site towards a blog or another website).

“Users” therefore promise not to reproduce this “Content” in publications, in websites or any other media whose contents or editorial lines are such that they could be considered harmful to the image or rights of Adveris , other “Users”, their heirs, agents or any third party, or that violate any of the clauses specified in the “Conditions of Use”.

“Users » acknowledge and agree that the right to use “Content” is granted, but not limited to, Adveris and/or other “Users”, which does not have the effect of transferring or dismantling copyright for the “Content”.

“Users” promise to inform Adveris about any “Content” that could violate applicable laws, rules and regulations, particularly the clauses in the “Conditions of Use”.

“Users” may not send unsolicited commercial e-mails in order to advertise a brand’s products to other users of the “Site” who have provided their e-mail address; they should use the tools provided on the “Site” to inform other users about the presence of such content (such as the “send to a friend” or “sponsor a friend” features). If “Users » receive unsolicited commercial e-mail from other “Users”, recipients can inform osMoz c/o Adveris .

 

10. FAQ

Our policy is to decline unsolicited suggestions or ideas. That policy notwithstanding, any questions, comments, suggestions, ideas or other information that you share with us will be considered as non-confidential and free of property rights.

As per the terms of our Personal Data Policy and the present, by transmitting  or posting a proposal or suggestion to us, you grant us, free of charge, the non-exclusive, unlimited in time, irrevocable, transferable and sub-licensable right to use, reproduce, modify, adapt, publish, sell, transfer, translate, create applications based on, distribute and/or feature any and all proposals or suggestions in any way, shape or form, communicated by any media or technological format currently known or developed in the future, in isolation or in combination with other applications.

You also acknowledge that your proposals and/or suggestions can not be returned to you and that we can you your proposals and/or suggestions for any purpose, including, but not limited to, developing, producing, distributing and selling products.

If you make a proposal or suggestion, you declare that you possess all legal rights to the Proposal, or that you have obtained from the title-holder the full spectrum of authorizations and/or rights required in order to submit this proposal. In addition, you promise that the proposal does not constitute or contain infected software, a sales proposal, a chain letter, mass-mailing or any other form of "spam." You are not allowed to use a fake e-mail address, to usurp another person’s or other entity’s identity, or to mislead us in any way as to the source of your proposal. You promise to compensate 
Adveris for any complaints or damages that Adveris might have to cope with because of using, reproducing, modifying, adapting, publishing, selling, transferring rights to, translating, or distributing this Proposal by Adveris.

 

11. Notification Procedure

If “Users” notice illicit “Content” on the “Site”, and want to see this “Content” removed or no longer displayed, they are encouraged to inform Adveris by clicking on the Report Inappropriate Content feature (this feature’s name can be modified), which exists for precisely that purpose on the Site.

            “Users” must transmit to Adveris, all necessary information, such as:

  • notification date.
  • full name, profession, home address, nationality, date and place of birth (for a person), or official name, company type and headquarters and the registered name of the company they are speaking on behalf of (for legal entities).
  • a description of the contentious material and its precise location.
  • the reasons for which the Content should be removed, including the legal and factual bases for removal.
  • a copy of the request sent to the author or publisher of the contentious content to remove, modify or suspend it, or proof that the User tried in good faith but was unable to contact said author or publisher.

The contentious “Content” will be removed from the “Site” as soon as possible after Adveris has received the report. Adveris can ask the “User” who displayed the “Content” to provide elements justifying the legitimacy of the display.

“Users” who willfully describe “Content” to Adveris as illicit in order to have it removed or suspended knowing that this information is incorrect are liable to legal action.

If Adveris is informed about “Content” constituting a justification of crimes against humanity, incitation to racial hatred or relative to child pornography, Adveris will inform the competent authorities.

 

12. Disclaimer/ Adveris' Liability

Adveris is not responsible for “Content” provided on the site.

Adveris disclaims all liability whatsoever including for any indirect damages such as but not limited to loss of revenue, clientele, or data, any economic or commercial loss or difficulties, any loss of earnings, profits or anticipated savings or any immaterial prejudice. in addition, neither Adveris nor any of its managers can be held liable for any loss of data transfered (content, personal information) to the Adveris server. It is “Users’” responsibility to record and preserve elsewhere, i.e. off site, any files or data that they wish to keep.

Adveris can not be considered liable for any inappropriate use of “Content” by users or any third party.

Adveris' liability can not be engaged because of “Content” available on other “Site” or internet sources accessible via hypertext links inserted onto the site (particularly via advertising for products or services, or any other type of information).

Adveris reserves the right to remove or suspend access to any “Content” following receipt of a report from a “User” or a third party or if it becomes aware for any reason of the manifestly illicit nature of any “Content”. Adveris can not be considered liable in any way due to this removal or suspension.

Adveris excludes any guarantee concerning the reliability or precision of information appearing on the “Site” or the “Site’s” compatibility with Users’ needs or intended use.

Adveris is unable to guarantee Users that the “Site” will correspond precisely to their expectations, nor can Adveris guarantee that there will never be any erroneous information appearing on the Site. Adveris can not guarantee that the survey results, information, and services obtained will always be free from any error or flaw.

The advice and information, whether written or spoken, that « Users” can obtain while using the “Site” are not of a nature to generate guarantees that are not specifically covered by the law.

In addition, Adveris is dependent on the quality of the Internet network. Consequently, Adveris can not guarantee the reliability of Service and can not be held responsible for correcting flaws caused by the Internet network. For this reason, Adveris can not be liable for any difficulty encountered in displaying or uploading Content or, more generally, any disturbances in the Internet network that can affect use of the Services, particularly viewing and/or downloading videos and photos. Adveris can not make any guarantee concerning the conditions or quality of broadcast, display, transmission, or accessibility of Contents.

The “Site” may provide links to other Web sites or Internet sources. Insofar as Adveris has no control over these outside sites and sources, Adveris informs “Users” that Adveris can not be considered liable for the availability or accessibility of these outside sites and sources, and can not accept any responsibility as to their contents, advertising, products, services or any other material available on or via these outside sites and sources. Adveris recommends that “Users” carefully read the protection of privacy policy as well as the “Terms and Conditions of Use” appearing on sites that “Users” can access via a clickable link on the “Site”. If one of these sites does not provide information concerning their protection of privacy policy or their “Terms and Conditions of Use”, as required by law, Adveris invites Users to report this lack by sending an e-mail to the following address: contact@osmoz.fr

Adveris can not be considered liable for “Users’” relations with announcers present on the “Site” (participating in promotional offers organized and featured on the Site, delivery of purchases, prizes or services, or any other conditions of guarantee or declarations concerning these operations).


13. Compensation

You agree to be liable for, and to compensate and exonerate Adveris for any loss, damages, or expenses, including reasonable legal fees incurred because of any complaints, suits or requests coming from a third party because of your use of the “Site.”

You also agree to compensate us for any losses, damages or costs, including reasonable legal fees resulting from your use of automatized software (“spiders” or “crawlers”) or any other similar means or instruments for extracting and collecting information, or any other act that places an excessive load on our infrastructure.

 

14. Removal of Contents and suspension of the User’s account

If Adveris has been informed that “Content” displayed by the “User” does not comply with the stipulations of the “Conditions of Use”, Adveris can, among other possible actions, send a warning mail to the “User”, block the “User’s” access to all or some of the Services, or suspend at any time and without compensation the “User’s” account for as long as Adveris deems necessary. For example, if the User displays comments that are libelous or in bad taste on the Site, Adveris can remove the comments and/or block the “User’s” access to the “Site”.

As far as possible, Adveris will inform the User in question that his or her account has been suspended, explaining the reasons for this suspension, via e-mail.


15. Generalities

You acknowledge and agree to the present “Conditions,”as well as to the Personal Data Policy, which constitute the sole and entire agreement between us about your use of the “Site,” and which cancels and replaces any preceding proposals, agreements or other communications.

Both parties agree that the exchange of information that is necessary for achieving  the Conditions of Use can be performed electronically.  All electronic communication between the parties is assumed to have the same legal value as communication written or printed on paper would.

None of the terms of the  present “Conditions”can be construed to have created a legal relationship  between the parties. They are neither agents, nor associates, nor partners, and there is no business relationship between the parties.

The fact that one of the Parties fails to take action regarding any breach by the other party of his or her obligations can not be interpreted as a renunciation of that obligation. Even if one or more of the terms of the present General Conditions were to be nullified or declared non-invocable according to a law or regulation, or as the result of a definitive decision by the competent jurisdiction, the other terms will retain their validity and their scope, on condition that the change does not significantly distort the present “Conditions”, and that a significant imbalance between the two parties’ obligations is not caused. The parties will then do their best to negotiate in good faith in order to come to terms for a new formulation that will replace the term in question, while at the same time coming as close as possible to the two parties” original intention.

 

16. Competent Jurisdiction

Any litigation arising from the execution of the present “Conditions” or relative to the present “Conditions” will be submitted to the competent courts in Paris, France.

 

17. Applicable Law

Any litigation arising from the execution of the present “Conditions” will be subject to French law, the language in which these “Conditions” shall be interpreted will be the French language.