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This service is published and hosted by INDEX MULTIMEDIA S.A.:
tel : +33 (0) 5 61 43 50 50
fax : +33 (0) 5 61 43 16 64
mail : contact@indexmultimedia.com
FR 81342177029
RCS Toulouse B 342 177 029
Capital : € 1 345 657
Publication general manager : Mr. Kiichiro IMAMURA
Registered office : 36, rue Jacques Babinet
31100 Toulouse France

Index Multimedia currently provides to its users through the www.tchatche.com site publishing content, games and contests, a personal account, online chat and dating services, blogs, downloadable products for mobile devices…, (hereinafter collectively the « Services »). Unless otherwise expressly stated, these Terms of Service will apply to any modification to a service or any new service launched by Index Multimedia.

Index Multimedia reserves the right, at any time, to modify, temporarily or permanently interrupt all or part of the Services, without prior notice to the users. In no event Index Multimedia shall be liable to the users or any third party nor held responsible for any modification, suspension or interruption of the Services.

For the use of the Services proposed on the www.tchatche.com site, the users commit not to

• Download, send, transmit by any means any Content which would be illegal, offensive, threatening, abusive, harassing, defamatory, vulgar, obscene, violating the privacy of others, racist or otherwise reprehensible
• consult, display, download, transmit any unlawful or illegal Content
• harm in an manner the rights of users under the age of 18
• transmit any Content which could be constitutive to, without being exhaustive : incitement to commit crimes and offenses ; discrimination, to hate or violence because of the race, ethnic group or nation ; apology of Nazism ; deny of the existence of crimes against humanity ; political, religious or sectarian proselytism ; to promote the consumption of alcohol or drugs ; false news, as well as any content intended to display or sell forbidden products and/or books ; harm the authority of Justice, information related to adoption, legal procedures, suicide of young people, or to an individual fiscal situation ; to disclose unless under authorized conditions, polls or simulations related to an election or a referendum; defamation and insult; violation of privacy; or actions dangerous for young people under the age of 18 particularly by the production, forwarding, diffusion of message with a violent or pornographic nature or susceptible of offending seriously the human dignity
• attempt to mislead other users by usurpation of name or company name of other people and especially in passing themselves off as an employee or moderator of Index Multimedia, a guide or hosting partner
• counterfeit headers or manipulate in any other way the identifier in order to dissimulate the origin of the Content transmitted via the Service
• download, display, transmit by email or any other manner any Content that they would not have the right to send according to a legal measure or legal agreement (namely information either internal, privileged, confidential, known or disclosed within an employment contract or a confidentiality agreement, this enumeration being not exhaustive)
• download, display, transmit by email or any other manner any Content infringing any patent, registered trademark, secret of production, intellectual property right or any other property right belonging to others
• download, display, transmit by email or any other manner any unsolicited or unauthorized advertising or promotional material (especially by making »spam », forwarding « junk mail », chains of letters any other form of solicitation).

For the use of the services offered on the www.tchatche.com site, the user can access a webcam service. Under the condition of having a computer device dedicated to this purpose, and which produces a video, it will be possible to broadcast images live through the network.

For reasons linked to their protection, the access to webcam services by young people is strictly restricted. The access to a young public is therefore made through services dedicated to young public under the age of 18. All the users appearing on services which are not dedicated to a less than 18 years old public declare that they are at least 18 years old.

We draw your attention on the fact that it is your responsibility:

• To make sure that the content of information you decide to disclose to other users (photos, videos, messages, sounds etc.) respect the present General Terms of Service and the regulation in force, so that they do not offense the public order, the accepted standards of behaviour, the rights of third parties and principally those of our company.
• You could be held responsible in case of any kind of breach.

Rightfully and without prior notice, Index Multimedia shall have the possibility to suspend or block your access to services of our internet site if you do not respect these provisions or if you offend in any manner the public order, the accepted standards of behaviour as well as rights of third parties, disregarding the legal actions and actions for damage, that we may make and/or ask against you in case of offense to the present conditions.

Services can be accessed 24/24 hours, except in the case of force majeure or of an event beyond the control of Index Multimedia and under the reserve of periods of maintenance and possible failures. The transfer rates and response time of information circulating from Index Multimedia’s platform towards Internet are not guaranteed by Index multimedia. In fact, the speed of circulation of information is not part of the access service provided by Index Multimedia, but relies on characteristics inherent to the online networks related to the absorption of the generated traffic by technical systems.

According to the laws in force and especially the law of January 6, 1978 related to data processing, files and liberties, the user has a right of consultation, modification, withdrawal of any personal data brought to the knowledge of Index Multimedia during the use of the Services. Nominative information collected on the site is intended for Index Multimedia and its partners. Each user has a right of access, opposition and modification about the information concerning him, exercised towards Index Multimedia 36, Rue Jacques Babinet 31100 Toulouse - France. The www.tchatche.com site is registered by the relevant authority « Commission Nationale de l'Informatique et des Libertés » under n° 1093551.

All information reproduced in these sections (photos, logos) is protected by intellectual property rights owned by Index Multimedia or their respective owners. Consequently, no information can be copied, modified, transmitted, forwarded, translated, sold, used commercially or in any manner of any kind without the prior written agreement of Index Multimedia. According to the Code of Intellectual Property, are authorized copies or reproductions strictly reserved for private use of the copying person and are not intended for a collective use and free and private representation made exclusively in a family circle. Also, are authorized, under the condition that the name of the author and source are clearly mentioned, analyzes and short quotations justified by the criticism, polemic, educational, scientific nature or information on the art work in which they are incorporated. Any other use of all or part of the content of the present internet site, including names, documents, graphic elements, software and other presentations are forbidden. All authors, composers and music publishers’ rights of the reproduced and displayed art works on this site are reserved. Any use of the said art works other than for private listening or consultation and the download for use as ringtone for mobile phones is forbidden.

The user recognizes that all information, data, texts, software, music, sounds, picture, images, videos, messages or any other material (hereinafter collectively « Content ») brought to the knowledge of the public or transmitted in a private manner, are under the sole responsibility of the person having emitted the Content. Under this framework, the user is fully responsible for the Content he displays, downloads, sends by electronic mail (hereinafter « email ») or transmits in any other manner by the Services. Index Multimedia does not exercise any control or animation of the Content transmitted through the Services (with the exception of the chat services) and consequently does not guarantee the appropriateness, the lawful nature, the probity or quality of this Content. Under no circumstance, Index Multimedia shall be held responsible for Content, namely of the unlawful nature of the Content with regards the regulation in force, errors or omissions in any Content, any loss or damage resulting from the use of any Content, displayed, transmitted by email or any other manner through the Services.

Index Multimedia shall not be responsible, directly or indirectly, for the access to this Internet site and the use or functioning of demonstration versions proposed on this site. Index Multimedia encourages the mobile phone owners to follow the recommendations of use stated in the manuals provided with the handsets and/or by their mobile telephony operators, but also to carefully consult the list of compatibility of mobile phones with the services. Even though Index Multimedia has taken all necessary steps to ensure the reliability of information contained on this site, Index Multimedia cannot be held responsible for errors, omissions or results which could have been obtained by a misuse of it.

Index Multimedia takes care of the security and privacy of its users and more particularly of children. This is why the parents are invited to look at the use made by their children of the access to Internet, keeping in mind that the Service is intended for a broad public and that in their capacity as legal guardian, it is the parents responsibility to determine which Service is appropriate or not for their child/children and to look after the use made.

At any time the messages exchanged by the Internet users can be seen by the moderation teams, looking at the respect of the regulation in force on the tchat accessible on Tchatche.

Index Multimedia will endeavour to disclose as quickly as possible the current information and products ordered. As Index Multimedia has to use the services and distribution network of third parties, on which it has no influence in terms of availability, it cannot be held responsible for possible delays in the transfer of the products purchased by the client by unit or under subscription. Index Multimedia is not responsible for a temporary or permanent interruption of the transmission of data to the user’s mobile phone if not performed by Index Multimedia. Index Multimedia cannot guarantee the permanent availability of products, as an example during the disconnection of transmission networks or for products with a season based nature. Index Multimedia reserves the right to block temporarily the access to products for maintenance and repair works.

The use of products available at Index Multimedia requires using some technical systems, such as mobile phone, computer programs, transmission systems, telecommunication services and other services from third parties, which can generate additional costs. These costs are borne by the user. Index Multimedia supplies none of these technical systems and can in no case be held responsible for them.

According to the regulation in force and effect, the user has a period of 7 working days to withdraw, without indicating the reasons and without penalty. Nevertheless, the user cannot exercise his withdrawal right for the supply of services, which execution has started before the end of the aforesaid withdrawal period of 7 days. The user recognizes that the execution of the Services supplied by Index Multimedia starts at the time of the validation of his registration to the site ».

The French law applies to the present Terms of Service as well as any litigation between the parties.

Any dispute which could take place between the parties at the occasion of the interpretation as well as the execution of the present Terms of Service will be brought, failing prior agreement, to the Toulouse court having jurisdiction in this matter, including in the case of plurality of requesters or defenders