Current terms of use, operating under French Law, have vocation to govern the use of the whole of the functionalities offered by the “MobiLuck Service” edited by the company MOBILUCK S.A., legal notes: http://www.mobiluck.com/legals.php. Registration to the service, according to methods' noted hereafter carries the expressed acceptance and lack of objection by the user of the terms of use.

All modifications to the terms of use will be the subject of a particular mention within the Sites presented at article 1 and will be assumed as being accepted by the user one month after their setting on line. The user admits being aged more than 14 years old, having competence and means necessary to reach the service and to use it. His profile may be deleted and his Membership may be terminated without warning, if MOBILUCK believe that the user is under 14 years old.

1. Presentation of the Sites and the Service

The sites www.mobiluck.com and m.mobiluck.com correspond to an internet site and a mobile internet site allowing the users to:
— become visible to other users;
— to specify its localisation, its profile, its photography, its message of presentation or other information relating to it within the limit of what it desires to make public;
— to take note of the localization, the profile, photography, the message of presentation or other information concerning other users within the limit of what they decide themselves to make public;
— to communicate with other users by means of a telephone conversation, anonymous or not, or by virtue of the MobiLuck’s instant messaging or by electronic mail service.


To access service functionalities, users register for a user license of the software created by MobiLuck as defined in Article 3 “License of MobiLuck’s software use”.

In addition to the services of relating the users and data published with the only initiative of MOBILUCK (graphic elements and text relating exclusively to the creation and the animation of the Sites), the Sites offer a service of free hosting of data. This free hosting allows the community of users, subject to their preliminary registration, to download a certain amount of data stored by MOBILUCK and published by other users. The space of storage allocated with the user is limited to a size allowing the correct operation of the Sites.

In accordance with the practices and uses of the Internet, advertising can be inserted within the Sites. The user is aware that this advertising can be targeted according to the users profile, localisation, the research carried out within the framework of the MobiLuck service and any moment during which the user is connected.

2. Intellectual Property - MobiLuck

The Sites are the exclusive property of MOBILUCK. It is however specified to the user that a right is granted to him free, personalised, not-exclusive and not-transferable to access the Sites and use of the Sites, all other right being expressly excluded without prior agreement written from MOBILUCK.

3. License of MobiLuck’s software use

MOBILUCK is the only holder of the whole of the rights of ownership of the Software and concedes with the users only one license limited to the conditions which follow, specifying that this license does not carry under any circumstance a right of access to the source code of the Software.

MOBILUCK grants its users who have agreed to the Terms of Use the non-exclusive and non-transferrable right to use the Software within a strictly personal function. MOBILUCK grants the users a right of copy strictly limited for the ends of safeguarding.

Outside of circumstances envisaged by the law, users commit themselves not to undertake or facilitate a reverse engineering or dissection of the Software. The users commit themselves to using the Software in strict accordance with the documentation provided to any person having proceeded to the downloading of the software. MOBILUCK reserves the right to cancel the license of authorised users should it deem that the Terms of Use to have been violated.

MOBILUCK does not guarantee that the software will meet the user's needs, that the use of the software will be compatible with that of other software chosen by the user, that the operation of the software will be uninterrupted or free from errors or that the whole of the errors of the software will be corrected. One is reminded that the Software is used under the sole responsibilities and control of the user. The Software and any related documentation are provided "as they are" without guarantee of any kind, whether explicit or implicit, including, in a nonrestrictive way, implicit guarantee of adequacy for a particular use.

MOBILUCK reserves the sole right to interrupt the Software to correct it, to adapt it and/or carry out any evolution, subject to the legal provisions of law and order.

MOBILUCK will not be able to, under any circumstance, be held responsible (1) for all indirect damages whatever they are, including the event of loss of data, files or programs (2) of any dysfunction of a terminal or network.

MOBILUCK will not, under any circumstance, be held responsible for any consequential damages, or resulting losses of revenues, data or exploitation, incurred by the user or third party, whether that be within the framework of a contract or any other form of agreement, even if MOBILUCK were informed of the possible supervening of such damage.

Within the limits permitted by the applicable law, MOBILUCK will not, under any circumstance, be held responsible for any particular damage, indirect or consequential whatever they are (in particular, in a nonrestrictive way, the damage dependent on the losses of revenues, the interruption of work, the loss of operating data or any other pecuniary loss) coming from the use or the incapacity of use of the Software.

4. Data published out of the user’s initiative

MOBILUCK reserves no right of ownership to the data published by its users. When a user makes data available to other users, it thereby accepts that this data, available for free and for personal use by third parties, available throughout all hosting of the user’s data by the service starting from all types of terminals, and of the downloading/visualisation on other supports and, for the maximum duration of protection of the rights thereby related, notwithstanding the faculty which is offered to him to be able to remove these data or to limit their visibility under the conditions defined in article 13.

During the hosting of these data and within the strict framework of the functionalities allowing to make available the Sites via Internet or other supports from electronic communications, the user authorises MobiLuck to reproduce/ represent the data which it published and, as and if need be, to adapt the format of it for this purpose.

In addition, the user admits being informed that, taking into account the intrinsic characteristics of the Internet, there are risks of diversion and/or hacking, for which MOBILUCK may not be held responsible.

5. Responsibility of the user of the Service

In the user’s capacity as content provider, which includes but is not limited to images, texts and other types of contents, the user recognizes being held accountable with respect to the legal and lawful provisions. Consequently, it is up to the user to make sure that the storage and the diffusion of these contents via the service constitute neither a violation of the rights of ownership intellectual of thirds (in particular Romance, news, words, photographs, drawings, etc), nor an attack to other third parties (in particular slandering, insults, threats, remarks racist, etc.) or with respect to privacy, nor an attack to law and order and good morality (in particular, apology for the crimes against humanity, incite racial hatred, childish pornography, soliciting, prostitution, etc).
Upon defect, the contents will be withdrawn (under the conditions expressed in article 10) and/or counts it of the user decontaminated without preliminary formality.

Moreover, the user is informed that it incurs on a purely personal basis, the penal sanctions specific to the litigious contents (sorrows of imprisonment and amends), in addition to the possible judgment with the payment of damages. Taking into account the community nature of the service and by respect for the sensitivities of each one, it is up to the user to preserve an ethical behavior in this respect as for the images and/or texts put on line and, in particular, to abstain from diffusing content of a violent or pornographic nature or contrary with good moralities.

The user will be solely responsible for the use of his elements of identification by third parties or actions or statements which it makes. The user guarantees MOBILUCK against any such liabilities.
In addition, MOBILUCK without obligation and not having the means with which to identity registered users of the Service, is not responsible in the event of usurpation of the identity of a user or a person not having subscribed to the Service which it offers. If the user has reasons to think that a person uses certain elements of identification, published or not, or its account, it will have to immediately inform MOBILUCK by the sending them a message to the following address: support@mobiluck.com
The user commits himself, regarding personal data which it accesses, to abstain from any diverted use and, generally, of any act likely to infringe on the private life and the reputation of other people.

6. Responsibility of the hoster

MOBILUCK informs the user that he is not legally held under obligation of monitoring of the data transmitted or stored by the service. The only inherent obligations in its role as hoster related to the fight against certain contents according to the procedure described at the Fight heading against the Abusive content (article 10), the conservation of the data of connection (article 11) in addition covered by the professional secrecy and referred to in respect of the legal provisions as referred in Personal Data (article 12) and the withdrawal of obviously illicit content, as soon as and when MOBILUCK will have been informed of it.

MOBILUCK cannot be held responsible for any inaccuracy or the illicitness of the data provided by other users. Consequently, the user assumes sole responsibility for exposure to such information, in particular with regard to the national legislation to which it refers.

The user recognizes being aware of the importance of taking due care at the time of meetings with other users. MOBILUCK rejects any responsibility regarding virtual or physical meetings between users resulting from the use of the Sites and the Service. At the time of a first physical meeting, MOBILUCK informs any user that it is strongly recommended to inform a close person and to prefer a public place of meeting.

MOBILUCK cannot be held accountable for the falseness of the localization of any user. The user recognizes being informed of the possibility for any user to "teleport" in a virtual way in a place where he, the user, is not. The attention of the user is drawn to the risk associated with providing precise co-ordinates to other users.

7. Registration and access

To exploit the functionalities of the Sites, the user is required to create an account by means of an online form envisaged for this purpose. The user remains able to modify, at any given moment, the content of the Personal Data communicated on this occasion.

Access to one’s account can be gained by obtaining an identifier and the associated password, by which it is the only means of ensuring confidentiality. MobiLuck recommends choosing a password which cannot be easily guessed.

The use of the Sites following registration is valid for an unspecified duration. MOBILUCK reserves the right to terminate the service at any time. In the event of non-observance of the inherent obligations in its responsibility as a user, the access to the whole of the functionalities of the Service by the user can be, immediately and without notice, temporarily or definitively suspended by means of deactivation of its account and this, without prejudice to other rights of MOBILUCK

8. Availability of the Sites

The Sites are, in principle, accessible 24/24hrs, 7/7days, unless interrupted, programmed or not, for the needs for their maintenance Subjected to no obligation of availability, MOBILUCK can not be held responsible for any damage, whatever in nature, resulting from the unavailability of the Sites or Service provided on a free of cost basis to the user. In the same way, MOBILUCK can not be held responsible for errors or anomalies being reproduced on or affecting the Sites.

9. Cost of connection to the MobiLuck Service

The user who freely makes use of the Service recognizes having been informed of the invoicing that its use can involve with respect to the telephone operator or the supplier of access from which it took out a subscription, whether it involves invoicing of the phone calls, SMS, MMS or the surplus of traffic generated by the consultation of the Sites or the exchange of instant messages.

10. Fight against the abusive contents

The user recognizes having been informed that a procedure of notification relating to abusive contents (illicit or contrary to good morals) is placed at its disposal by the means of the address support@mobiluck.com. Any abusive notifications are subject to the accused, if found guilty, of being penalized by a possible one year jail sentence and a EUR 15,000 fine.

11. Data of connection

The user recognizes having been informed that the data enabling the identification of whoever has contributed to the creation of content hosted by the Sites could be preserved and held with a single aim of complying with the legal regulations put into being so as to enable MOBILUCK to act in its capacity as hoster.

12. Personal data

Within the context of the usage of the Service, in particular the recognition of a user and and its localisation, MobiLuck is entitled to collect by automated processes, certain personal data such as the computer or mobile terminal’s IP address, IMEI number or Bluetooth address of the mobile terminal, GPS co-ordinates of the user, the cells of the mobile network to which the user is connected, and identifiers of other apparatuses and transmitters detected by the terminal of the user.

13. Cookies and automated collection

The user of the Sites is informed that at the time of the use of the Service, a cookie can be installed automatically on its navigation software. The cookie makes it possible to identify the user in order to avoid to him having to be identified with each connection. The parameter settings of the navigation software make it possible to inform the presence of a cookie and to possibly refuse it in the way described at the following address: www.cnil.fr.

14. Account removal, restricted visibility

The user can himself remove his account in its entirety as well as the whole of the data which are associated to him, by using the function "to remove my account", except for the data regarding connection, whose conservation is legally necessary. The user in addition confirms having been informed of the possibility which is offered to him to make unavailable, in whole or in part, his personal data, with particular reference to his localization, to one or more other users.

15. Applicable rights

This Contract, and all consequent questions resulting from or related to this present Contract, will be governed by the laws of the French Republic, notwithstanding the references under the terms of its principles as regards conflicts of laws.