Version dated 12 July 2010
Allmyapps SAS, operator of the site available notably at the addresses and www.allmyapps.fr (hereinafter the « Site »), is a simplified joint stock company with capital of 5 607 euros, registered offices situated at 22-23 Quai du President Carnot – 92210 Saint-Cloud, France, and registered with the Trade and Company Registry of Nanterre under number B 512 834 631.
The Director of Publication of the Site is: Thibauld FAVRE
The Site is hosted by OVH SAS, 2 rue Kellermann BP 80157 59100 Roubaix, contact 0899701761.
Telephone : + 33 (0)1 49 11 38 57
Allmyapps Intercommunity VAT Number: FR 005 128 346 31
In addition, you agree to respect all of the related special conditions, and in particular the license agreement applicable to each and every software that you download from Allmyapps.
To order software you must be registered and become a member.
For that, you must complete all fields on the registration form with full and accurate information. In case of an incomplete or erroneous declaration your account may be deactivated, as of right, without notice and without further formality and you acknowledge that Allmyapps shall not be held liable for any of the consequences that may arise from such an erroneous or incomplete declaration. An e-mail confirming registration will then be addressed to you. You will be invited to click on a link in this e-mail in order to validate your registration. In case of failure on your part to validate within five (5) working days to be calculated from the date of reception of the said e-mail, Allmyapps reserves the right to remove your account at any time.
On subsequent visits, you will only be required to enter your login name and your password. For reasons of security and confidentiality you are advised to personalize your password.
Your login name and password are personal and should not be disclosed to third parties. All orders placed using your login name and password shall be deemed to have been placed by you. In case of disclosure of your login name and password, contact [email protected] as soon as possible in order that the login name and password can be disabled.
Orders can be placed on the Site twenty-four (24) hours a day, seven (7) days a week.
You can add selected software to your list progressively by clicking « Add to my list».
You can change your mind at any time prior to final confirmation of installation and add or remove software to or from the list.
To validate installation you must enter your login name and password (if you are already registered) or create an account (if you are using the Site for the first time).
Prices are indicated in Euros, or in Dollars if you are based in the United States, and include all applicable taxes but exclude additional charges.
Where applicable, the price of the software that you are installing is shown on your list before you validate the installation.
Payment must be made prior to downloading the software.
In case of payment by bank card, you will be asked to provide the number and expiry date of your card, as well as the security code. Registration of the transaction is subject to an authorization request that checks the state of the card (blocked, expired, cancelled…).
This information is recorded only on the PAYBOX SERVICES servers, our service providers for transaction payments. The SSL (Secure Socket Layer) protocol guarantees the confidential nature of payment information thus submitted. At no time is this information passed to Allmyapps, who does not keep any payment related data.
You can keep a record of your payment by printing the summary ticket offered on the Site at the end of the payment stage.
Allmyapps may offer, via one of its service providers, a system of payment via Internet.
This method of payment will offer the possibility of settling payment of your orders in one click.
This system removes the requirement to re-enter your card information for every transaction. You must register to use this service, possibly directly with the service provider, in order that the said service provider selected by Allmyapps may conserve your information. Your payment details are stocked in a secure manner by this service provider and you continue to log on to Allmyapps to place orders directly.
In order to take advantage of this service you must expressly provide permission through a dedicated registration system.
Payment for orders can be made by telephone or through a Premium rate SMS (text)/MMS service.
You will be invited to call or to send a text message (SMS / MMS) to a number operated by an Allmyapps service provider, the price of which would be detailed on the same page as the said number.
At the conclusion of this call you will be provided with a confidential code. Entering this confidential code on the Site will validate payment and allow the software that you have ordered to be downloaded.
Use of the Site is subject to the download and acceptance of the terms of the license agreement for final users attached to the « Allmyapps » software.http://www.allmyapps.com/user/cgu
By using the services offered by Allmyapps and by downloading or using the « Allmyapps » software, you acknowledge acceptance of the said conditions.
Following validation of your order and any related payment, the software ordered shall be made available for the purposes of downloading to your computer via the « Allmyapps » software.
Following validation of your order and any related payment, you will be sent an e-mail containing instructions on how to download the ordered software onto your computer.
Clicking on the link will launch the download of all software ordered, together with the « Allmyapps » software, provided by Allmyapps in order to allow a unique and automatic installation (referred to together as the « Software Bundle »).
The Software Bundle will be available at the address provided in the confirmation e-mail, for a period of fifteen (15) days.
The installation of the software that you have ordered will be performed automatically when you execute the Software Bundle on your computer.
In order to prevent any non-authorized use of software made available in the Software Bundle, the execution of the Software Bundle may require that your computer be connected to the Internet.
Allmyapps undertakes that you will be able to download a Software Bundle in accordance with your order.
Given the disparity of user software and hardware configurations, Allmyapps warrants that the Software Bundle can be downloaded onto your computer but does not provide any further undertakings or offer any further warranty, in particular concerning the successful installation of the software included in the Software Bundle, its execution, functionalities or their correspondence to your needs.
In case of problems with the Software Bundle, Allmyapps invites you to contact its technical division in order that it may (i) make available a new identical Software Bundle or (ii) find an alternative solution.
In case of software problems, Allmyapps invites you to consult the relevant documentation or to contact the customer service department of the relevant software editor.
In any case, you acknowledge that the sole undertaking of Allmyapps is to make available the software that you have ordered and not to provide any guarantee whatsoever or be held liable for any defects in ordered software.
In case of failure of one or more software(s), you expressly acknowledge that only the editor of said software(s) shall be held liable.
The service offered to you by Allmyapps is the provision of software. Where the software is immediately operational on download, you have no right of withdrawal in application of article L121-20-2 of the Consumer Code.
Allmyapps services are offered for your personal needs, excluding any and all commercial and/or professional use. If you wish to use Allmyapps services for commercial and/or professional purposes, please contact us in advance.
In the absence of prior written permission from Allmyapps, the following are prohibited:
.Use of robots, spiders, crawlers or other automated procedures for the extraction or review of the Site pages;
.Giving the impression in any way whatsoever that Allmyapps supports your products or services;
.To insert false or non-relevant information on the Site;
.To use the Site in such a way that, in our opinion, the performance or functionalities of the Site, or any other system or network used by Allmyapps, are negatively affected or that the users of the Site are negatively affected;
.To upload or transmit on the Site or use any and all hardware, software or procedure containing viruses, Trojan horses, worms, time-bombs or other programs and procedures aimed at damaging, interfering with or attempting to interfere with the normal functioning of the Site, or to appropriate the Site or any and all systems, or to use any methods whatsoever to saturate our systems or to violate third party rights.
You are hereby reminded that the Penal Code, articles 323-1 onwards, allows for punishments of up to five (5) years imprisonment and 75 000 Euros in fines, in particular for:
.Fraudulently accessing and remaining … in an automated data processing system;
.The suppression, modification or fraudulent introduction of data into the system;
.The fact of interfering with the system.
The Site remains under our exclusive ownership. Allmyapps grants you a free, personal, non-exclusive and non-transferable right to access and use the Site within the limits defined in the GTUs.
Any and all content that is not put on-line by a member of the Site, in particular any and all data, functionality, text, name, designation, image, photograph, graphics, trademarks, sounds, is the exclusive property of Allmyapps or its licensees. The GTUs shall not under any circumstances be interpreted as a transfer of any of the rights of Allmyapps whatsoever. None of these elements may be downloaded, copied, modified, deleted, distributed, transmitted, published, sold, hired, granted or used in any manner whatsoever, without the express, prior and written authorization of Allmyapps or its licensees.
If you are registered on the Site as a member you may put on line different types of content including, in particular, text (commentaries…) and images (screen shots…).
When you put content on-line on the Site you accept that this shall be accessible to all other visitors to the Site. You expressly accept that these visitors shall enjoy, free of charge and in a purely personal capacity, the possibility to visualize and use the contents published on the Site and this for the duration that such content remains on the Site.
You expressly accept that Allmyapps may re-use such content for business purposes, and you undertake, upon simple request by Allmyapps, to surrender all intellectual property rights related to the said contents.
For the duration that your content remains on the Site you authorize Allmyapps to reproduce and represent such content and, where necessary, to carry out any useful modifications thereto for the purposes of using, reproducing or representing such content on the Site.
Other Site users may put contents on line. You agree not to access or use such content put on line by other users for any reasons other than purely personal and non-commercial.
If you wish to use the content belonging to other users in accordance with terms other than those detailed in the GTUs, and in particular for any commercial use, you must first obtain all necessary permissions from each and every user concerned.
Allmyapps undertakes exclusively to comply with all current legal terms applicable in France. No regulations specific to the country of delivery and/or consultation of the Site shall be applied.
You alone are responsible for ensuring that applicable legislation in your country is complied with. And it is up to you to investigate with the relevant local authorities in your country any possible restrictions on the import, export or use of software that you are considering ordering on the Site.
The Site is accessible 24 hours/ 24 and 7 days/ 7, subject to closure for maintenance or repair or in case of force majeure or of any other event outside our control. The definition of Force majeure is that applied by French jurisprudence as any and all events which are unforeseeable, uncontrollable and external, including, but not limited to, State or Supranational control in the widest sense, state of war or emergency, fire or strike by a service provider.
You acknowledge the limits of the Internet and methods of electronic communication. Consequently, Allmyapps shall not be held liable for non-availability of the Site or for any difficulties in connecting or for any interruptions in connection during your visits to the Site or when placing an order.
Photos and illustrations proposed on the Site shall not be deemed to be contractual descriptions of the software characteristics. Software which is delivered may differ from the illustrations portrayed on the Site.
By registering on the Allmyapps Site, you accept to provide personal information for the following purposes:
.Receipt of promotional offers for products and services of a similar nature to those offered by Allmyapps;
.Receipt of our newsletter.
In certain specific circumstances Allmyapps may be required to disclose your personal information, where such information is requested by the judicial authorities.
Your personal information, and in particular e-mail addresses, are not rented, sold, exchanged or shared with any other service providers if you have not accepted to receive promotional offers from other companies likely to be of interest to you.
Allmyapps keeps your personal information for the amount of time strictly necessary for the purposes detailed hereinabove. Beyond such time the information shall be kept solely for statistical purposes and do not give rise to any use of any kind whatsoever.
Allmyapps is required to keep information allowing the identification of internauts providing content, and this for the purposes of transmitting such information to the competent authorities upon judicial requisition, to the exclusion of all other third parties, and in accordance with the law.
All personal information that you provide to Allmyapps is strictly confidential.
Such information is required for the purposes of downloading software available on the Site.
You can access your personal information at any time and update such protected information by using your login name and password.
In accordance with law n°78-17 of 6 January 1978 on Data Processing, Data Files and Individual Liberties, handling of nominal information collected on the Site has been the subject of a declaration at the Commission Nationale de l’Informatique et des Libertés (French Data Protection Authority). You have the right to access, modify, rectify or delete your personal information.
To exercise your rights, write to the following address: [email protected], giving your name, forenames, address and, where applicable, client number.
For business purposes Allmyapps collects, handles and stocks statistical data on Software use. This information is transmitted to Editors in particular to allow them to improve their products.
This user information is anonymous and does not reveal in any way whatsoever your identity, even indirectly.
The fact that you or Allmyapps do not exercise any one of your rights under the GTUs shall not be deemed to be a waiver on our part or yours of that right, such waiver being effective only where expressly declared.
Should one or more of the stipulations in the GTUs be held to be invalid by a competent jurisdiction the remaining clauses shall remain valid and enforceable.
Computerized records shall be held in the computer systems of Allmyapps under reasonable secure conditions and shall be considered as proof of exchange, orders and payments made through the Site or by e-mail.
Allmyapps reserves the possibility, within the limits set out by the law, and in particular the terms of article R132-1 of the Consumer Code, to modify the GTUs at any time. Where the general Terms are modified, the amended terms shall be applicable with effect from the date of their publication on the Site. Each use of the Site shall be subject to the GTUs applicable at that time.
The GTUs shall be interpreted in accordance with French law.
Failure to respect any of the terms of the GTUs and, more generally, any difficulties arising from their execution, interpretation or validity, shall be submitted to French jurisdiction.