Terms of Service Help | GTS | Parents | - 18 years old | Report abuse

Skyrock.com is signatory of the charter of the protection of minors on the social networks.

Skyrock cooperates

Skyrock.com works closely with numerous associations specialised in the protection of minors.

  • e-enfance
  • Internet Sans Crainte
  • Insafe
  • NET ECOUTE FAMILLE

DEVELOPER TERMS OF USE FOR THE SKYROCK.COM API

1- DEFINITIONS Skyrock.com API: the application supplied by TELEFUN enabling a third-party web application to interact with most of the features available on Skyrock.com. Third-Party Web Application: software application supplied by a Developer which can be used with or interact with most of the features available on Skyrock.com, and which has been given a unique user name for that purpose. Developer ToU: the terms of use for the Skyrock.com API as set out in this document. Personal Account or Skyrock Account: the personal data of a User and/or a Developer, including the user name, required to access all Skyrock.com features and services. Third-party Web Application Content: information, data, text, software, music, sounds, photographs, images, videos, messages and any other elements accessible on the third-party web application. Content Received via the Skyrock.com API: any data (be it personal or not), information or content (for example data, text, software, music, sounds, photographs, images, videos, messages and any other elements accessible on Skyrock.com) supplied by Users or shared with an individual User by TELEFUN, received by the Developer through use of the Skyrock.com API after a User's authorisation of the third-party web application. Third-party Web Application Content Published on Skyrock.com: any data (be it personal or not), information or content (for example, data, text, software, music, sounds, photographs, images, videos, messages or any other elements accessible on Skyrock.com) published on Skyrock.com after authorisation by the user on the third-party web application. Developers: individuals or legal entities creating or holding intellectual property rights for a third-party web application, which have a Skyrock.com account and which consequently have previously accepted the TELEFUN Terms of Use for Online Services. Registration: the online registration procedure a Developer must follow on Skyrock.com Developers in order to use the Skyrock.com API. Service(s): one or all the services provided by TELEFUN on the Skyrock.com website. Skyrock.com: the website (www.skyrock.com) providing access to the services subject to the TELEFUN Terms of Use for Online Services. Skyrock.com Developer: any software, feature, mechanism or equipment (including in particular the Skyrock.com API and the developer documentation) which enables a Developer to make a third-party web application interact with skyrock.com features. TELEFUN: the company supplying the services, details of which can be found in Article 7) LEGAL INFORMATION of the Developer ToU. User: any individual or legal entity accessing the services to supply content and/or which has a personal account. 2- PURPOSE OF THE DEVELOPER ToU AND VERSION IN FORCE The Skyrock.com API enables third-party web applications to interact with most of the features available on Skyrock.com (blogs, profiles, email service, "what's new", friends and activity) but only once a User has authorised a third-party web application to access information in the account and any other user content needed for the third-party web application to function correctly. The Developer ToU aims to define the conditions in which Developers can access the Skyrock.com API and use it. Anyone accessing and/or using the Skyrock.com API supplied by TELEFUN undertakes to respect the Developer ToU unreservedly. Anyone using the Skyrock.com API is consequently only authorised to use the Skyrock.com API if they have obtained authorisation from the User and they conform to any applicable legislation or regulations, as well as the Developer ToU and the TELEFUN Terms of Use for Online Services. TELEFUN is free to modify the Developer ToU at any time, in particular to take into consideration any legal, jurisprudential, editorial and/or technical developments. The version which shall prevail is the one available online at the following address: http://www.skyrock.com/safety/terms.php?page=cgu_api. All Developers must therefore refer to the version available online. Use of the Skyrock.com API therefore constitutes acceptance of any modifications to the Developer ToU. The Developer is expressly informed that the only legal binding version of the Skyrock.com API Developer ToU is the one found on the website http://www.skyrock.com/safety/terms.php?page=cgu_api. The Developer unreservedly recognises and accepts this and undertakes to refer to it systematically at each connection. The Developer ToU is permanently available at the following address: http://www.skyrock.com/safety/terms.php?page=cgu_api. 3- REGISTRATION & ACCESS 3.1 General terms of registration with the Skyrock.com API During online registration, the Developer undertakes to provide the true, exact, up-to-date and complete information needed to create a skyrock.com account which is requested in the form for creating an application. In particular, the Developer undertakes not to create a false identity which could mislead TELEFUN or a third-party and not to take on the identity of another individual or legal entity. In the event that a Developer provides false, inexact, out-of-date, incomplete or deceitful information which could mislead, TELEFUN may immediately and without notice or indemnity suspend or terminate access to the Skyrock.com API and refuse access to all or some of the services temporarily or permanently. 3.2 Special terms of registration with the Skyrock.com API by minors Developers guarantee that they have the right and capacity to accept the Developer ToU and fulfil the requirements of the Developer ToU. Developers guarantee that they are at least 18 years old or, with regard to minors, they guarantee that they have obtained the agreement of their parents or any person with parental authority to use the Skyrock.com API and unreservedly accept all the Developer ToU. Registration by Developers implies that they have obtained this prior authorisation. TELEFUN reserves the right to request written proof at any time and carry out checks, as well as to remove the third-party web applications of minors if they do not supply such proof immediately or within the deadline given. Developers accept that TELEFUN can remove all access to the Skyrock.com API as soon as it receives a parental request for closure through its services. 3.3 Access to services and technical specificities After a third-party web application has been registered with the Skyrock.com API, it will be given a private and a public key which are unique to the Developer in order to access the Skyrock.com API. It is the responsibility of the Developer alone to ensure the confidentiality of these keys and ensure that their use conforms to the Developer ToU and the applicable legislation and regulations. The Developer consequently undertakes not to communicate the keys to a third-party. In any event, TELEFUN may not be held responsible for unauthorised access to the keys. The Developer shall also be responsible for immediately notifying TELEFUN of any unauthorised or suspicious use of which the Developer is aware, and removing access to the Skyrock.com API. Access to and use of the Skyrock.com API requires the Developer to have appropriate equipment and software. Equipment (particularly computers, telephones, software and electronic means of communication) for accessing and using the Skyrock.com API are the responsibility of the Developer alone, as is the cost of electronic communications (particularly telephone and internet costs) resulting from its use. It is the responsibility of the Developer to find out the price of using the equipment or services from the operators concerned. The Developer alone shall bear their costs. 3.4 Mobile Access To use the API from a mobile client, you must use the domain api.skyrock.mobi for all API requests. 4- DURATION AND TERMINATION Services are provided by TELEFUN for an unlimited period. The Developer expressly recognises that TELEFUN may, in accordance with the law and without prior notice, warning, indemnity or justification, terminate access to the Skyrock.com API. The Developer may also terminate use of the Skyrock.com API via Skyrock Developers, "Your Applications". In the event that the Developer of a third-party web application breaches the Developer ToU, one of the services or, more generally, in the event of a violation of laws and regulations in force, TELEFUN may, in accordance with the law and without prior notice, warning or indemnity, terminate access to the Skyrock.com API. TELEFUN may proceed with termination without prejudice to the damages it could claim and the penalties due following a breach. The Developer therefore recognises that TELEFUN may remove access to the Skyrock.com API with immediate effect and without subsequent access to the content received by the Developer through the Skyrock.com API. Following termination of access to the Skyrock.com API, developers guarantee TELEFUN that they shall immediately cease all storage and use of content hosted on Skyrock.com and received by Developers via the Skyrock.com API, and they undertake to remove such content, particularly as regards personal data. Furthermore, notwithstanding the above, if access to the Skyrock.com API is terminated, Developers recognise that TELEFUN is under no obligation to remove the third-party web application content published on Skyrock.com or to request that its users remove it. Consequently, the third-party web application content published on Skyrock.com may continue to appear and be used on Skyrock.com. Finally, although access to the Skyrock.com API has been terminated, the provisions of the Developer ToU shall remain in force, with the exception of the rights attributed to the Developer by the Developer ToU. 5- LEGAL ISSUES 5.1 Limitation of TELEFUN's responsibility The Developer is reminded that TELEFUN cannot be held responsible for the use made of its services by Users. In particular, TELEFUN may in no way be held responsible for Content received by the Developer (via use of the Skyrock.com API), in conformity with its status as host as established by Law No. 2004-575 on trust in the digital economy and dated 21 June 2004, such content being posted, uploaded, sent, received or transmitted by Users of the skyrock.com website or present on third-party sites. Developers recognise that they have been informed of and accept the fact that TELEFUN may in no way be held responsible for the creation, modification or removal of content, or failed reception, emission, transmission or storage of content hosted on Skyrock.com, such content being the responsibility of Users alone. Similarly, Developers recognise that TELEFUN is free to modify the name of its online services at any time, without this constituting a modification to the ToU and without such a modification entitling the Developer to take any action. TELEFUN provides no express or implicit guarantee as regards, but not limited to, the following: continuity of its services, the performance of services, the sustainability of services, the conformity or compatibility of a service for a specific use, the quality or absence of faults in or a lack of services, the eviction and non-violation of laws and regulations or the Developer ToU by other Developers. Developers assume all risks for data, and particularly software, downloaded or obtained in any other way during use of the Skyrock.com API. Developers alone are responsible for any damage to their computers and any losses after downloading such data, consulting or using the services. No advice or information obtained by the Developer from TELEFUN, be it verbal or written, or during use of the Skyrock.com API may create guarantees not expressly provided for in the Developer ToU. Developers assume all risks for their use of the Skyrock.com API. The Skyrock.com API is supplied "as is" and is accessed without any guarantee of availability or regularity. TELEFUN shall endeavour to make the Skyrock.com API available 24 hours a day, seven days a week, except in the event of force majeure or an event beyond TELEFUN's control and subject to maintenance work, possible breakdowns, technical complications due to the nature of the internet network, malevolent action or an attack on TELEFUN's equipment or software. In no event shall TELEFUN be held responsible for interrupted access to or use of the Skyrock.com API, whatever the cause, duration or frequency of such an interruption. The transfer rate and response time of information from the TELEFUN platform to the internet are not guaranteed by TELEFUN. Developers recognise that the information transmission speed depends on the inherent characteristics of the electronic communication networks, the technical characteristics of their connection method (RTC, cable, ADSL, etc.) and their internet access, for which TELEFUN may not be held responsible. TELEFUN does not provide personalised assistance or a hot line. However, Developers may comment on access to the Skyrock.com API, without TELEFUN being under any obligation to respond or take action. 5.2 Protection of Developers' private life and personal data With regard to the creation of a Skyrock Account by Developers, prior to registration, elements relating to protecting Developers' private life and personal data are governed by the provisions of Article 6.2 of the TELEFUN Terms of Use for Online Services. 5.3 Responsibility of the Developer as regards third-party web applications and third-party web application content, and behaviour to be adopted by the Developer Responsibility of the Developer as regards third-party web applications and third-party web application content Developers guarantee that they have the right and capacity to conclude the Developer ToU and they are not violating any agreements or legal obligations by accepting the Developer ToU. Developers undertake to take all necessary steps as regards accessing the Skyrock.com API in conformity with all applicable legislation and regulations. Developers recognise that they alone are responsible for third-party web applications and third-party web application content and/or they have taken all necessary steps in this regard with their users, including obtaining intellectual property rights relating to publication of third-party web application content on the skyrock.com website. Developers undertake to make any complaints, legal action, disputes or action relating to third-party web application content and/or third-party web applications their personal responsibility, and therefore cover TELEFUN against any complaints, legal action, disputes, litigation or action relating to third-party web applications or third-party web application content, particularly, but not exclusively, in terms of intellectual property and publicity rights. Developers guarantee that they have concluded all necessary agreements and/or obtained guarantees from all beneficiaries for the tangible and intangible elements of third-party web applications and content of third-party web applications, and that any remuneration due to the various beneficiaries has been paid in full. Developers authorise the referencing of their third-party web applications on Skyrock Developers and grant TELEFUN a free, non-exclusive licence for the whole world for a period equivalent to that of the Developer ToU in force between TELEFUN and the Developer in order for the third-party web application to be reproduced and represented with regard to such referencing. Referencing of third-party web applications includes presentation of third-party web applications on Skyrock Developers, which can be accessed by Developers, and presentation of third-party web applications among all third-party web applications on Skyrock Developers. No complaints may be made to TELEFUN as regards the existence of referencing for a third-party web application, the order or the position of a third-party web application within the framework of its referencing on Skyrock Developers. TELEFUN does not make any commitments as regards such referencing. TELEFUN reserves the right to restrict or remove access to referencing without possibility of complaint. Furthermore, Developers authorise TELEFUN to promote third-party web applications on the skyrock.com website and therefore grant TELEFUN a free, non-exclusive licence for the whole world for a period equivalent to that of the Developer ToU in force between TELEFUN and the Developer in order for the third-party web application to be reproduced and represented with regard to its promotion. However, it is set out that TELEFUN is under no obligation to promote third-party web applications and therefore no complaints may be made to TELEFUN as regards promotion or absence of promotion of third-party web applications on the skyrock.com website or its forms. TELEFUN does not make any commitments as regards such promotion. TELEFUN reserves the right to restrict or remove access to any promotions without possibility of complaint. Finally, it is accepted by the Developer that no financial compensation shall be granted to the Developer for whatever reason for the promotion of a third-party web application. Behaviour to be adopted by the Developer The Developer is forbidden from reproducing or creating a service identical to the existing services on Skyrock.com and undertakes to refrain from unfair competition and parasitism, and using any distinctive signs, logos or trade names held by TELEFUN or one of the companies of the Group to which it belongs for any use other than the one described in the Developer ToU. * The Developer is entirely responsible for operating, managing, developing, hosting and maintaining the web application and the web application content. Developers recognise that they alone are responsible for any interaction with their users relating to their use of the Skyrock.com API and content received by Developers via the Skyrock.com API. * Furthermore, the Developer shall not be able to use User Accounts in a way which conflicts with the Developer ToU and the TELEFUN Terms of Use for Online Services. In no event shall the Developer be able to take on the identity of an individual in order to obtain access to the Skyrock.com API or try to obtain access to the Skyrock.com API without following the registration procedure described in the Developer ToU. * The Developer undertakes, via the "creation of an application" form, only to ask for authorisations for content which are strictly necessary for the operation of the third-party web application (blog/message/profiles/user). For all data other than that provided within the framework of the User Profiles, Developers are reminded that they must obtain the explicit authorisation of the User for any use of content received via the Skyrock.com API which would go beyond use by the User of this data on the third-party web application. In terms of content received by Developers via the Skyrock.com API, Developers are responsible for acting in total conformity with any applicable regulations and/or legislation and particularly with the IT and Freedoms Law of 1978, modified in 2004, and for providing their Users with any pertinent information in this regard. The Developer is reminded that all content received by the Developer via the Skyrock.com API concerning a User's "friends/contacts" (TO BE COMPLETED with a few examples of methods) must only be used in relation to the features of the third-party web application connected to that User and must not be used outside the third-party web application. * Furthermore, TELEFUN authorises Developers alone to use the SKYROCK CONNECT logo within the framework of operating their third-party web applications, strictly respecting the graphic elements communicated by TELEFUN and for the duration of application of the Developer ToU concluded between the Developer and TELEFUN. It is imperative that the presence of the SKYROCK CONNECT logo on media whose graphic standards have not been supplied by TELEFUN must be subject to prior written agreement from the latter. It is recalled that access to the Skyrock.com API does not create any rights, transfers or licences for the Developer to use TELEFUN names/logos/brands or those of any of the companies in the Group to which this company belongs, particularly "SKYROCK", and it shall not constitute an obstacle to application of the provisions of the Intellectual Property Code. The Developer shall also refrain from registering any distinctive signs, including domain names, comprising a term or graphic included in TELEFUN's distinctive signs or those of one of its sister companies, particularly the term "SKYROCK" or any element of the SKYROCK name, whether combined with other words and images or not. * It is also strictly forbidden for the Developer to use content received via the SKyrock.com API for any purpose other than operating the third-party web application and improving the features of the third-party web application connected to the Users. Consequently, it is strictly forbidden for the Developer to make any commercial, advertising and/or promotional use of content received by the Developer via the Skyrock API. In particular, the Developer shall therefore refrain from any direct or indirect transfer of content received via the Skyrock.com API, with the exception of transfers which are strictly necessary for operating the third-party web application and on the express condition that the Developer's contracting partner be subject to all the obligations applicable in the ToU in particular. 5.4 TELEFUN's Intellectual Property TELEFUN personally grants the Developer the non-exclusive and non-transferable right to use its services and associated software, including the Skyrock.com API, on a single compatible terminal (telephone, computer). It is specifically set out that the Developer (without possibility of granting such authorisation to another) shall refrain from copying, modifying or creating a derived work, reversing the design or assembly, or attempting in any other way to obtain the source code of the associated software (with the exception of cases provided for in law), selling, according, sub-licensing or transferring any rights relating to the services or associated software, including the Skyrock.com API. The Developer undertakes not to modify the Services or associated software, including the Skyrock.com API, in any way or to use modified versions of the associated software and services, particularly (without this being exhaustive) with a view to obtaining unauthorised access to the service(s) and/or the Skyrock.com API. The Developer agrees not to access the Service(s) and/or the Skyrock.com API through any means other than the interface supplied by TELEFUN for this purpose. The Developer has been informed and recognises that the services, and any software used in relation to the services, may contain confidential information protected by intellectual property rights in force or any other law. The Services and Skyrock.com API contain text, images, sounds and videos which have been created by TELEFUN and are therefore the exclusive property of TELEFUN (hereafter referred to as Elements of Intellectual Property). The Elements of Intellectual Property are made available to the Developer free of charge for use of the Skyrok.com API alone and within the framework of normal use of its features. It is recalled that the Elements of Intellectual Property are entirely distinct from all types of content (as referred to in the TELEFUN Terms Use for Online Services or the Developer ToU - third-party web application content, content received via the Skyrock.com API, third-party web application content published on Skyrock.com -) for which the responsibilities described in the ToU or the Developer ToU are applied and for which TELEFUN cannot be held responsible. The authorisation to use these Elements of Intellectual Property is made on an individual basis. It is not exclusive and cannot be transferred. TELEFUN may revoke such authorisation to use the Elements of Intellectual Property at any time. It is forbidden for the Developer (without possibility of granting such authorisation to another) to copy, modify or create a derived work, reverse the design or assembly or attempt in any other way to discover the source code (with the exception of cases provided for by the law), sell, accord, sub-licence or transfer any rights relating to the Elements of Intellectual Property. The User undertakes not to modify the Elements of Intellectual Property in any way. In the event of improper use of the Elements of Intellectual Property or use which does not conform, TELEFUN reserves the right to end such an attack on its intellectual property rights. 6- LIMITATIONS RELATING TO COMMERCIAL ISSUES Developers are reminded that the marketing of advertising space for third-party web applications must not encourage Users to believe that they are affiliated or in a contractual or business relationship with TELEFUN or any of the companies in the Group to which this company belongs for the marketing of its advertising space. Developers are forbidden, without the express prior agreement of TELEFUN, from posting advertisements through the third-party web application content published on Skyrock.com, with the exception of mentioning the third-party web application from which the publications come. In this case, it is agreed by Developers that they shall not receive any remuneration and/or compensation for this from a third party, except with the express prior agreement of TELEFUN. 7- LEGAL INFORMATION The Skyrock.com API is a service procured by TELEFUN, a Simplified Joint Stock Company with capital worth 37,000 euros, registered on the Paris RCS [Trade and Corporate Register] under No. 332 276 880, with its headquarters at 37bis, rue Greneta 75002 PARIS. Director of Publication of Skyrock.com Developer: Mr Pierre BELLANGER, Chairman Service Host: TELEFUN, a Simplified Joint Stock Company with capital worth 37,000 euros, with its headquarters at 37bis, rue Greneta 75002 PARIS 8- NON-WAIVER The fact that TELEFUN does not act upon a failure or a breach by a Developer of any of their contractual or legal obligations shall not be interpreted as a waiver of said failure or breach. The fact that TELEFUN does not act upon a stipulation of the Developer ToU shall not be interpreted as a waiver of the profits of said stipulation. 9- GENERAL PROVISIONS The Developer ToU are governed by French law. 10- APPLICABLE LAW Given the nature of their communications and, in particular, the dematerialisation of their relationship, the Parties agree that all IT records in the TELEFUN Information system will have a status of proof in the event of dispute. The Developer ToU constitutes the entire agreement between the Parties relative to this subject. They cancel and replace any prior or concomitant, written or verbal agreement, communication, statement or offer on this subject. 11- COMPETENT JURISDICTION THE PARIS HIGH COURT ALONE SHALL BE COMPETENT TO TAKE COGNIZANCE OF ANY DISPUTE BETWEEN THE PARTIES, IN PARTICULAR THE FORMATION, EXECUTION, INTERPRETATION, TERMINATION OR RESOLUTION OF THE ToU, INCLUDING FOR PROTECTIVE MEASURES OR EMERGENCY PROCEDURES AND IN THE EVENT OF SUMMARY PROCEEDINGS, THIRD PARTY APPEALS OR MULTIPLE RESPONDENTS.