Article 1: Purpose
- The service defined in Article 3 (hereinafter « Service») is provided free of charge by the company LES EDITIONS JALOU (hereinafter « LEJ FRANCE »).
- The conditions under which LEJ FRANCE grants to any person referred to in Article 2.1 (hereinafter « User») the right to access the Service and to use the latter are determined by the present GENERAL TERMS AND CONDITIONS OF USE OF THE SERVICE (hereinafter “GTCU”).
- These GTCU are expressly accepted by the User during the registration procedure defined in Article 2.2.
Article 2: Access to the Service
2.1. The Service is available to any User who successfully completed the entire registration process defined in Article 2.2;
2.2. Access to the Service and its use are subject to the prior registration of the User (i) via the mobile application provided by LEJ FRANCE and previously downloaded and installed by the User on a compatible mobile terminal that the User disposes of freely and in compliance with applicable legal provisions (hereinafter « Application ») or (ii) via the website accessible at www.jalouse.fr(hereinafter « Website »). The User is informed and expressly recognizes that access to the Service through the Application and / or the Website may, if necessary, be charged to him by his mobile operator.
2.3. The User agrees to provide LEJ FRANCE with accurate and complete information during the registration process defined in Article 2.2 and to inform LEJ FRANCE without delay of any change, in whole or in part, of the information provided on this occasion.
Article 3: Description and Conditions of the use of the Service
3.1. The service, accessible through the Application and / or the Website and/or the social network Facebook, relies on a social network that allows the User:
- To publish photographic content, ratings, opinions, recommendations and other data to the attention of all Service Users, (the « Advice» or the « Content »).
- Consult the Advice published by all Service Users.
3.2. Use of the Service is granted for the User’s personal use only, excluding any use for commercial purposes of any kind and in any form whatsoever. The User has no right to use the names and / or trademarks and / or the domain names Jalouse and AskJalouse or any trademark, logo, domain name or other distinguishing sign related to thetrademarks of LEJ FRANCE.
3.3.Since the Service is provided by LEJ FRANCE for free, the User acknowledges and accepts that LEJ FRANCE remains entirely free to distribute to the User’s attention, through the Application and / or the Website, and in strict compliance with the provisions of article 5, advertising announcements and any other commercial communications of any kind and in any form whatsoever.
3.4. The Services may contain links to third-party websites or resources. LEJ FRANCE cannot be held liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products or services available on such websites or resources or available through them. Users are the only ones responsible for the use of these websites.
Article 4: Publishing, sharing and confidentiality provisions
4.1. The User expressly authorizes LEJ FRANCE to broadcast to all Users of the Service and to its partners and subcontractors the Advice it publishes through the Service, the User being expressly informed and aware that all Service Users may consult the Advice published by him. All Users’Advice can be used by LEJ FRANCE in accordance with article 5 and without any consideration.
4.2. The service allows the User to freely subscribe (hereinafter « Subscriber(s) ») to the stream of Advice (hereinafter « Stream ») published by other Users (hereinafter « Subscription(s) »), without the prior consent of the latter being required.
4.3.The Useris expressly informed thatits profile page and its opinions are public, and may therefore be indexed by search engines.
4.4. The User commits that it will not publish, through the Service, any material that may violate any intellectual property right without having obtained beforehand the express consent of its rightful owner.
4.5. The User also commits that it will not publish, through the Service, any material that may present a false, defamatory, abusive, pornographic, discriminatory, racist, inciting hatred or violence or otherwise objectionable, as well as, more generally,any material that may violate any legal or regulatory provision or any other legally binding provision.
4.6. In general, the User agrees to refrain from any use of the Service which may violate any legal or regulatory provision or any other legally binding provision.
4.7. Users are informed that LEJ FRANCE remains free to delete, fully within its rights and without delay any content published by them and /or by other Users which may violate the present GTCU, other legal or regulatory provision or any other legally binding provision.
4.9. For the purposes of the Service, LEJ FRANCE may pass on communications to theUsers such communications may be service announcements or administrative messages. These communications are considered part of the Services. The User cannot unsubscribe from these communications without unsubscribing from the Services.
4.10. For the purposes of the Service, LEJ FRANCE can adapt and tailor User Advice to make them accessible from any digital medium and other media.
4.11. A User may under no circumstances engage in the following while accessing or using the Services:
- Access, falsify or use non-public areas of LEJ FRANCE’sServices and computer systems, or technical delivery systems of LEJ FRANCE’s suppliers;
- Probe, scan ortestthe vulnerability of the system or network and/ or breach or circumvent any security or authentication measures ;
- Access or search or attempt to access or search the Services by any means (automated or otherwise) other than those provided by the LEJ FRANCE’s interfaces currently available online as provided by LEJ FRANCE (and only in accordance with these GTCU), unless a User has been specifically authorized to do so under a separate contract with LEJ FRANCE (the crawling of the Services is allowed if such action is in accordance with the provisions of the robots.txt file; the scraping of the Services is expressly forbidden without the prior consent written of LEJ FRANCE);
- Forge any TCP / IP packet header or any part of the header information in an email or in a publication or use the Services in any way to send source credentials in a distorted, misleading or false manner;
- Interfere with or disrupt (or attempt to interfere or disrupt) the access of any User, any host or any network, including – but not limited- to, sending a virus, creating an overload, flooding the Services, sending spam, overloading the Service by e-mails or by using a script to create content of such a nature that it will interfere with or create an undue burden on the Services.
Article 5 – Protection of personal data
5.1. LEJ FRANCE agrees not to disclose any User related personal data to third parties unless related to the subject of the Service and in accordance with applicable legal provisions. The personal data provided by the User when accessing Service and during the User’s usage of the Service are collected and processed by LEJ FRANCE in accordance with the laws and regulations in force, for the sole purpose of providing the Service and for the commercialization of advertising announcements and other commercial communications as referred to in Article 3.3.
For the purposes of technical management and maintenance of the Service, LEJ FRANCE’s providers may access personal data in strict compliance with their duties and while subject to an obligation of security and confidentiality.
5.2. In accordance with the laws and regulations in force, the User has the right to access and correct personal data related to him by sending an email to that effect to:firstname.lastname@example.org .
The User may also, for legitimate reasons, oppose the processing of the data. However, the User is informed and expressly acknowledges that inevitably the Service will notbe provided to him anymore,should such right of opposition be exercised.
5.3. LEJ FRANCE undertakes to respect the confidentiality of personal data supplied by the User when creating his personal profile and process such data in accordance with the provisions that are applicable to the processing of personal data.
However, the User acknowledges that by supplying its personal data through the Service, he agrees that such data may be disseminated and available to other Users and third parties.
5.4. Through the collection of the User’s personal data LEJ FRANCE and its subcontractors’ aim is to:
- manage and monitor the registration of Users and their subscription to the Services ;
- develop and provide statistics on the subscription Services;
- send to all Users, via email, any information on LEJ FRANCE’s commercial offers as well as letters of information or « newsletters ».
Given the purpose above, the User is informed that his personal data may be shared with entities of LEJ FRANCE’sgroup and, where appropriate, with third parties subcontractors strictly for the purposes of storage and analysis of personal data and for the functioning of the Application, excluding any other entity or company for which the User would not have given his consent to sharing such personal data.
LEJ FRANCE can also provide its partners with consolidated statistics about its Users, the patterns of exchanges and other information appearing on the Website and/or the Application. No personal data will be transmitted to third parties without the express permission of the User.
5.5 The User has, at any time, the ability to:
- oppose the processing of its personal data by LEJ FRANCE and/or its subcontractors;
- oppose disclosure of its personal data to third parties;
- access all of its personal data processed by LEJ FRANCE and / or by any entity belonging to the group and/or its subcontractors;
- correct, update, and delete its personal data.
In order to do so, the User may send his request to LEJ FRANCE (indicating his email address, name and postal address) by email to email@example.com
Article 6 – Liability
6.1LEJ FRANCE cannot be held liable for any access and / or use of the Service in violation of any of the present GTCU or, in general, contravening the rules and regulations in force or any other legally binding provision.
6.2. The User remains solely responsible for the content published and shared by him through the Service, LEJ FRANCE playing a simple technical intermediary role between Users and benefitting as such from the qualification of host under applicable rules and regulations.
6.3. The User is informed and expressly acknowledges that the Service cannot validly constitute a way to store and / or retain, in whole or in part, any data published by him and / or by other Users.
Therefore, LEJ FRANCE cannot be held responsible for any loss and / or damage, due to any cause whatsoever, in whole or in part, of said data that remains the property of the User, and as such it is up to the User, if desired, to save and / or otherwise store the data on its own in order to provide against such loss and / or damage.
6.4. Access to the Service and its use is at the sole risk of the User. The User accepts the provision of the Service « as is » and « as available ». LEJ FRANCE excludes any warranty, express or implied, of merchantability, adequacy for a specific purpose or non- infringement. LEJ FRANCE grants no warranty and excludes all liability as to the completeness, accuracy, availability, adequacy, security or reliability of the Services or any content thereon. LEJ FRANCE will not be held liable for any damage to the computer system of the User, for any loss of data or for any other damage that may result from access to the Service and from its use. The User also agrees that LEJ FRANCE
cannot be held liable for any deletion, failure to store or to transmit any content or other communication submitted through the use of the Services. LEJ FRANCE offers no warranty to the fact that the Services will meet the requirements of the Users or that they will be available without interruption, securely and without error. No advice or information, written or oral, obtained from LEJ FRANCE or through the Services shall create any warranty unless expressly stated in these GTCU.
6.5. LEJ FRANCE and its subsidiaries, affiliates, owners, officers, employees, agents, partners, subcontractors and licensors will not be held responsible for any incidental or consequential damages, including – but not limited to – loss of profits, data, use, or any other intangible losses resulting from:
- access to the Service or its use;
- any behavior or any third party content on the Services, including – but not limited to – any defamatory, offensive or illegal behavior or content created by other Users or third parties ;
- any content obtained from the Services ;
- any access, any use or any deterioration of Users’ Advice.
Article 7 – Termination of Service
7.1. LEJ FRANCE is free to terminate,automatically and without delay, access to the Service and its use in the event of breach by the User of any of the terms of the present GTCU or, in general, of any legal or regulatory provision or any other legally binding provision.
7.2. In any event, LEJ FRANCE remains entirely free to terminate access to the Service and its use for any reason and at any time and without notice. The User remains entirely free to terminate, without cause and at any time, access to the Service and its use by completing the Disconnect request accessible via the Application.
7.3. In all cases, the User is informed and expressly agrees that in the event of termination of the Service for any reason and on any grounds whatsoever, the data published by the User, as well as those of other Users in connection with such data published by the User will be deleted, and no copy or backup will be provided by LEJ FRANCE.
Article 8 – Copyright
8.1. The Users of the Services are subject to compliance with the rules of intellectual property. LEJ FRANCE will only respond to messages indicating an alleged violation of copyright complying with applicable laws and regulations and transmitted to LEJ FRANCE in an appropriate manner per article 8.2 below.
8.2. If the User alleges a violation of its copyright, he must provide LEJ FRANCE the following information:
- a physical or electronic signature of the copyright owner or the signature of a person authorized to act on its behalf;
- identification of the work protected by copyright being designated as the subject of a violation;
- identification of the resources designated as the subject of the copyright infringing activity (to be removed or access to which is to be disabled), and information reasonably sufficient to permit LEJ FRANCE to find the resources;
- thecontact details of the User, including address, phone number and email address;
- a reasoned statement from the User describing how the resources are being used;
- a signed statement warranting that the information in the notification is accurate and, under penalty of perjury, that the User is authorized to act on behalf of the copyright owner subject to a violation.
8.3. LEJ FRANCE reserves the right to remove any Content that may constitute a copyright violation without notice and at its sole discretion. If circumstances warrant, LEJ FRANCE may also terminate the account of the User having committed the violation in case of repeated violations.
8.4.All claims regarding copyright must be notified by registered mail to the following address: “LES EDITIONS JALOU, to the attention of the agent responsible for copyright claims, 5, rue Bachaumont, 75002, Paris” and by email to: firstname.lastname@example.org
Article 9 – Entire agreement
9.2. LEJ FRANCE reserves the right to modify, amend or update the present GTCU as deemed appropriate and at any time. The current version is freely available on www.jalouse.fr/tos-en. If LEJ FRANCE determines, at its sole discretion, that the conditions have to be revised, the User will be informed via an update or an e-mail that will be sent to the e-mail address associated with User account. This email will constitute an Endorsement of these revised GTCU. By continuing to access or use the Services after those revisions come into effect, the User agrees to be bound by the revised GTCU.
Article 10 – Applicable law and dispute resolution
10.1. The present GTCU are subject to French laws and regulations.
10.2. Any dispute concerning the conclusion, validity, performance, interpretation and termination of the present GTCU, which cannot be amicably resolved, falls within the jurisdiction of the Commercial Court of Paris, unless otherwise provided for by public order legislation.