1.Links with SpeedMeUp
It is important to read them carefully.
2.2 Your acceptance of those terms will be effective by:
- Your validation by clicking the "Accept" button, according this feature is available in the SpeedMeUp user interface.
- Your effective use of SpeedMeUp. In this situation, You will acknowledge and agree that this use is considered as an agreement of those terms.
3. Language of the terms
3.2 In case of contradiction between the French version and the translation, only the terms of the French version will be relevant.
4. Services provision by SpeedMeUp
4.1 SpeedMeUp, which is a freely provided service, never stops changing in order to offer the best experience possible to its users. You acknowledge and agree that the shape and the nature of SpeedMeUp can be modified occasionally and without notice.
4.2 Under this constant innovation, you acknowledge and agree that SpeedMeUp could cease, without notice and at its sole discretion, definitively or temporarily, to provide you all or a part of the software. You could stop using SpeedMeUp at anytime, without having to inform SpeedMeUp in any way.
4.3 You acknowledge and agree that, if SpeedMeUp deactivates your account access, you could not have the access to the anonymous login of your account or to the files related to it.
4.4 You acknowledge and agree that, even if SpeedMeUp did not set any quota to the transmissions (expedition/reception) you can generate through SpeedMeUp or to the storage space allocated for the provided service, SpeedMeUp can decide, at anytime and at its sole discretion, to set such limitations.
5. Use of SpeedMeUp
5.1 You agree using SpeedMeUp only for purpose authorized by:
- any law, regulation, practice or directive generally agreed in relevant jurisdictions (including every law about software data exportation from or aimed at the United States of America or others countries).
5.2 You agree not accessing (or not to try accessing) to all or part of SpeedMeUp in another way than tools provided by SpeedMeUp under a separate agreement.
5.3 You agree not engaging in any activities that interfere or disrupts SpeedmeUp ( or the servers and networks linked to SpeedMeUp)
5.4 Except if you were expressly authorized by a separate agreement prior written, conclude with SpeedMeUp, you agree not to reproduce, duplicate, copy, sell, trade or resell the software for any purpose whatsoever.
5.5 You agree you are the sole responsible for any violation of your obligations set by the terms and for the consequences ( including every loss suffered by SpeedMeUp) due to such a violation. You agree SpeedMeUp that can not be liable to you or any third party in this regard.
6.1 You acknowledge and agree you are the only responsible for the confidentiality of data associated to every account you use accessing SpeedmeUp.
6.2 If you become aware of any unauthorized use of your data or your anonymous login, you agree to notice SpeedMeUp without delay.
7. Personal data
SpeedMeUp do not make any commercial use of the data it has. Only statistical, technical diagnostics or upgrading uses are allowed.
8. SpeedMeUp content
8.1 You acknowledge that every informations (such as data files, texts, software, musical files, audio, or others, photographs, video or other pictures) you can access to within or through your use of SpeedMeUp is the sole responsibility of the person from which such content originated.
8.2 You are informed that the content provided within SpeedMeUp, including without limitations, ads and sponsored content included in SpeedMeUp, may be protected by protected by intellectual property rights for the benefit of sponsors or advertisers who provide content to SpeedMeUp (or by all other people or companies for their account). You may not modify, rent, license, lease, loan, sell, distribute or create one or more work(s) derivative(s) from content (in whole or in part), unless that you have been specifically told by SpeedMeUp or by the owners of such content, as part of a separate agreement, written consent.
8.3 You acknowledge that, by using SpeedMeUp, you could be exposed to a content you may find offensive, indecent or unacceptable. In this respect, you acknowledge that you use SpeedMeUp at your own risk.
9.1 You acknowledge and agree that SpeedMeUp (or its licensor) goes out all the proprietary rights to SpeedMeUp, including all intellectual property rights related to SpeedMeUp, including all intellectual property rights on the software ( whatever territory protection, and that these rights have been registered or not).
9.2 Unless agreed otherwise in writing concluded with SpeedMeUp, none of the present terms allow you to use commercial names, trade marks, trade names, trademarks, service marks, logos, domain names and other distinctive brand of SpeedMeUp.
9.3 In the event that you have a separate agreement with SpeedMeUp expressly granting you the right to use the said hallmarks, you agree to use in accordance with the provisions of the Agreement, and all provisions of the conditions and guidelines for the use of SpeedMeUp distinctive signs, as amended from time to time.
9.4 You agree to not remove, hide or modify the property right indications (including copyright and trademarks indications) which may be on or in the SpeedMeUp content.
9.5 Except if you were expressly authorized by a written agreement by SpeedMeUp, you agree that, in connection with your use of SpeedMeUp, you will not use trademark, service mark, trade name, logo that belongs to another company or organization under conditions likely to cause, deliberately or not, a confusion about the owner or to the authorized user of such marks, names or logos.
10.1 SpeedMeUp grants you, free of charge, a personal non-exclusive, non-transferable license to use the software. This temporary license is intended to allow you to use and benefit the services provided by SpeedMeUp, respecting these terms.
10.2 You cannot (and should not authorize a third person) copy, modify, create a modify work, disassemble, reverse engineer, decompile or try to attempt in another way to extract the source code of all or part of the software, unless if the law permits or requires or if you have been expressly authorized in writing by SeepdMeUp.
10.3 Except as expressly granted in writing by SpeedMeUp, you may not asign (or sub-license) your right to use the software, grant a security interest on the software or your rights to use or otherwise asign all or part of your rights to use the software.
The software you are using may download and setup updates from time to time to SpeedMeUp. The purpose of these updates is to improve, enhance and make SpeedMeUp evolve and may take the form of bug corrections, improved features, new software modules and totally new version. You agree to receive such updates (and authorize SpeedMeUp to transmit them) in connection with your use of SpeedMeUp.
12. relation termination
12.1 The terms will apply until the termination by yourself or by SpeedMeUp according to the following modalities.
12.2 You may terminate you contract with SpeedMeUp at anytime uninstalling SpeedMeUp as explained in the FAQ section.
12.3 SpeedMeUp may terminate the present contract at anytime if :
- You have breached any provision of the terms (or have acted so as to demonstrate clearly that you can not or do not want to comply with the provisions of conditions) or;
- The law require SpeedMeUp to do (if unlawful intent) or;
- The partner with whom SpeedMeUp provided you the servises stop its relation with SpeedMeUp or stop providing you the services.
- SpeedMeUp is about to stop providing services to the users of the country you live in or from which you use the service, or;
- The service providing by SpeedMeUp to you is no longer, according SpeedMeUp, commercially profitable.
12.4 Nothing in this article will affect the rights of SpeedMeUp about the services providing according the fourth article of those terms.
12.5 At the end of these for any reason whatsoever, the rights, duties and responsibilities which SppedMeUp and you have benefit from, which you have subject to ( or which have been acquired during the execution of these terms) or which are expressed to apply after the expiration of the conditions will not be affected by such expiration.
13. Disclaimer of Warranties
13.1 The services are provided "as it". SpeedMeUp make no Warranties.
13.2 SpeedMeUp do not warranty that :
- Your use will fit your needs;
- Your use will not be interrupt, fast, secured of without any errors;
- Every informations you will get will be reliable and;
- failures in the operation or functionalities of all the provided software will be fixed.
14. Responsibilities limitation
14.1 Nothing contained in these terms will exclude or limit responsibility for damages of SpeedMeUp whose law prohibits the exclusion or limitation.
14.2 SpeedMeUp and its licensor shall not be liable to you :
- for indirect or collateral damages you could suffered and for any shortfall ( whether incurred directly or indirectly), any loss of goodwill, customers or fame, or any data loss you could suffer.
- for any loss you may suffer due to :
- The fact that you are based on the completeness, accuracy or existence of any advertising, or any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the services;
- your failure to maintain the security and the confidentiality of your password.
15. Other contents
15.1 The services may contain Hyperlinks to other websites, other contents or other resources on the Internet. SpeedMeUp cannot control websites or Internet resources provided by other companies or people than SpeedMeUp.
15.2 You acknowledge and agree that SpeedMeUp cannot be held responsible of the availability of these websites or these external resources and that SpeedMeUp does not endorse any advertising, products or other materials or available on those websites or resources.
15.3 You acknowledge and agree that SpeedMeUp cannot be held responsible of any loss or damage you may suffer because of the availability of those websites or external resources, or because you are based on the completeness, accuracy or existence of any advertising, products or materials presented or available on those websites or resources.
16. Terms modifications
16.1 SpeedMeUp can modify these terms at anytime. In this case, SpeedMeUp will provide the modify terms and every new terms will be provided to you on the concerned services or through these services.
16.2 You acknowledge and agree that if you use the services after the modification date of the terms, this use will indicate your acceptance of those modify terms.
17. General dispositions
17.1 You use could imply that, through the services or due to their use, you could use a service, download a software or buy a product provided by another person or company. Your use of these other services, software or products may be subject to distinct terms between you and the concern person or company. In this case, the terms will not have any influence on your relation between these other people or company.
17.2 The present term constitute the whole agreement between you and SpeedMeUp and govern your use of he services ( except the services provided by SpeedMeUp according to another written agreement). They cancel and replace every previous agreement between you and SpeedMeUp about these services.
17.3 You agree that SpeedMeUp send you notifications, including those about terms modifications, through messages posted into the service.
17.4 You agree that failure or waiver by SpeedMeUp to the exercise of a right or remedy under these terms (or whose SpeedMeUp is entitled under any applicable law) will not be considered as a waiver of such right by SpeedMeUp. These rights will stay available in the future.
17.5 If any of these terms is declared invalid by a court of competent jurisdiction, such term will stop being apply, without affecting other terms, which keep their effects.
17.6 These terms and your rights and obligations as provided SpeedMeUp hereto shall be governed by French law. SpeedMeUp and you agree to submit any dispute arising out of these Terms to the exclusive jurisdiction of the French courts.