GENERAL TERMS AND CONDITIONS OF USE
Last update : 11/07/2017
Article 1 – LEGAL NOTICE
The website is accessible at the link https://jetlike.co/ (the « Webite »), and the Mobile Application (The « Application ») are published by :
JetLike company with a capital of €1,000 registered at the R.C.S. of Evry (France) under the number 828809152, whose headquarter is located at 57 rue de la Montagne 91360 Epinay-Sur-Orge, represented by FASCIANA Flavien legal representative,
(Hereunder referred as the « Owner »).
The individual VAT number of the Owner is : FR 84 828809152.The Website is hosted by OVH company, located at 2 rue Kellermann, 59100 Roubaix – France, Phone number : 1007.
JetLike is a semi-figurative trademarks registered at the INPI under numbers 164317413 – 164317408.
The JetLike logo is a figurative mark and semi-figurative trademarks registered at the INPI under the numbers 164317413 – 164317408.
JetLike offices are located in France, production, testing and development servers of the Website and the Application are settled in France.
The publication director of the Website is FASCIANA Flavien.
L’Owner can be reached at the following emain address firstname.lastname@example.org
JetLiker(s) : means any natural or legal person who has registered to the Application to use its services.
Service : Limited to the provision of technical means of provision and sharing of content by the JetLike user.
User : means any natural or legal person who accesses the Services.
Article 2 – GENERAL PROVISIONS CONCERNING THE PRESENT GENERAL TERMS AND CONDITIONS
General terms and conditions of use (The « General terms and conditions of use » or « GTCU ») apply exclusively to the use of the services offered by the Owner of the Website and Application.
The GTCS are accessible to the User on the website, where they are directly available for consultation and can also be communicated to the User on a simple request by any means.
The GTCS are opposable to the User who acknowledges, by clicking on a button provided for this purpose, to have had knowledge and accepted the terms before the use of the Application.
Every User is therefore deemed as to have read and accepted without reserve the full provisions of the GTCS, which will apply to all services carried out by the Owner.
Article 3 – SERVICES DESCRIPTION
The Website is an online presentation sof the services offered by the Application (the “Service (s)”) open to any natural or legal person consulting the Website and using the Application (the ” User “). Users will be able to geolocate, create, comment and participate to events.
The search and filter algorithm of the Application will allow Users to find the activities suggested by other Users and JetLike by keywords, or directly by referring to the interests on the Application.
Services presented on the Website and on the Application are both described in a descriptive document stating their essential characteristics. The Services are compliant with the requirements of French law in force.
The User remains responsible for the modalities and the consequences of his access to the Website and the Application, especially via the Internet. This access may involve the costs payment of technical service providers such as Internet service providers, that are under the User own expense responsibility. In addition, the User shall provide and be fully responsible for the necessary tools in order to connect to the Website and to the Application.
The User acknowledges that he has verified that the computer configuration he uses is secure and working.
The Users have the possibility to contribute to the information visible on the Application. All contents posted are under the responsibility of their authors. All functionalities and technical tools on the Application and made available by JetLike are under the full and exclusive responsibility of their User.
JetLike does not assure that the information provided about products and services referenced on its Website and/or Application is accurate, complete, reliable, up-to-date or error-free. The content of the referenced services is only published for information purposes and does not engage JetLike’s responsibility for the products, services, merchants or sellers that appear on it.
The paid activities referenced on the Application are sold by merchant third parties and not by JetLike. JetLike does not sell or resell the products and services referenced on its Website, Application and is not a commercial agent. JetLike assumes no responsibility for these services. Any question, complaint or request should be addressed directly to third party merchants.
Article 4 – CREATION OF PERSONAL ACCOUNT
In order to use the Services of the Application, the User must first create his personal account, by filling a registration form, accept the general formal terms and conditions and validate the data they have provided. Once created, to access it, the User must identify himself by using his username and his secret, personal and confidential password. It is the User’s responsibility not to disclose his username and password in compliance with the provisions of the PERSONAL DATA section hereof. Each User agrees to maintain strict confidentiality of the data, especially the username and password, enabling him to access his user area. The User acknowledges that he/she is the only responsible for access to the Service by means of his or her username and password, unless there is evidence of fraud. Each User agrees to inform the Owner without delay in the event of loss, misappropriation or fraudulent use of his username and/or password.
Membership allows the user to upload content to the Application. By becoming JetLiker, the user agrees to be informed of changes, terms and conditions, present GTCUe and/or inform new services available on the Application.
After the creation of its User space, the User will receive an email confirming the creation of his User space.
The User undertakes by registering to:
– provide accurate, up-to-date information during the input of the Service registration form, especially not to use false addresses, names or addresses without proper authorization.
– keep the registration data up-to-date in order to ensure that they are kept current, accurate and up-to-date.
The User also undertakes not to make available or distribute any unlawful or objectionable information (such as defamatory or identity theft) or harmful information (such as viruses). On the contrary, due to the fault from the User, the Owner will be able to suspend or terminate the User’s access to the Webite and/or the Application.
Article 5 – CREATION OF EVENTS
The User agrees to read the General Terms and Conditions then in force before accepting them and to confirm the modalities of event creation, participation to an event suggested by another User and possible cancellation of participation to other events. Confirmation of creation and participation to events generate acceptance of the GTCU and create the contract.
When creating an event, the User must fill in the information required for the creation of an event (time, date, place, type of event, number of people…).
The User has the possibility to verify the accuracy of the information entered, to validate it and / or to delete it.
The User must suggest legal activities, good moral standards and fill in exact information not breaching moral and physical integrity of the participating Users.
The attention of the User is particularly drawn to the mode of participation acceptance of other users.
It is strictly forbidden to refuse access to an event for denial, defamation, damage to the image of a natural or legal person, in any way whatsoever.
The Owner has the right not to validate the creation of an event by a User for any legitimate reason, especially in the event that:
● The User does not respect the General Terms and Conditions of Use
The User declares to have the full legal capacity enabling him to commit himself under these General Terms and Conditions.
Enrollment is open to people over the age of legal majority and not to minors. Under no circumstances may registration be authorized on behalf of third parties unless it is legally entitled to represent him/her (eg. a legal entity). Registration is strictly personal to each User.
In the event of a breach by the User of any of the provisions hereof, the Owner has the right to terminate the User’s account without prior notice.
Article 6 – USER SERVICE
The User can contact the Owner :
By email at email@example.com indicating his name, the object of the request and the reason of the email.
Article 7 – INTELECTUAL PROPERTY AND LICENCE OF USE
The Owner is the unique owner of all the elements available on the Website and the Application, including – without limitation – all texts, files, moving images or not, photographs, videos, logos, designs, models, software, brands, visual identity, database, structure of the Website, the Application and any other intellectual property and other data or information (hereinafter the “Elements”) which are protected by French and international laws and regulations relating especially to the intellectual property.
Consequently, none of the Website and Application Elements may be entirely or partly modified, reproduced, copied, duplicated, sold, resold, transmitted, published, communicated, distributed, represented, stored, spread, used, rented or exploited in any other way, free of charge or onerous, by a User or a third party, whatever the means and / or the media used, whether known or unknown to date, without the express and written prior authorization by the Owner on a case-by-case basis, and the User is solely responsible for any unauthorized use and / or exploitation.
Furthermore, it is specified that the Owner does not own the content put on line by the Users, for which the latter remain fully responsible and guarantee the Company against any recourse in this capacity. Users grant to the Company a non-exclusive, transferable, sublicensable license, free of charge and worldwide, for the use of the intellectual property content that they publish on the Application, for the duration of the protection of these contents.
Only the copy for private use is authorized for your personal, private and non-commercial use.
The Owner has the right to seize all legal remedies against persons who have not complied with the prohibitions contained in this article.
The following mention must appear on any authorized copy of all or part of the content of the Webite and the Application: “COPYRIGHT JETLIKE SASU ALL RIGHTS RESERVED”. Any authorized use of the elements composing or appearing on the Webite and / or Application must be done without denaturing, modification or alteration in any way whatsoever.
The User undertakes not to do in any form of business / advertising on his / her page unless authorized in writing by the Owner.
The User undertakes not to include in his / her personal account, in any form whatsoever, one or more advertisements advertising or promoting, in any way whatsoever, a website or a society.
ARTICLE 8 – LIABILITY AND WARRANTY
The Owner declares that he has subscribed to an insurance policy guaranteeing his professional and contractual liability.
The User acknowledges that the characteristics and constraints of the Internet do not guarantee the security, the availability and the integrity of the transmissions of data on the Internet. Thus, the Owner does not warrant that the Website, the Application and its services will operate without interruption or malfunction. In particular, their operation may be temporarily interrupted for maintenance, updates or technical improvements, or to change their content and / or presentation.
The Owner can not be held responsible for the information imported, stored and / or published on the Website and on the Application by the Users. The Owner can not be held liable for any information published by a User on the Website, the Application and any direct or indirect damages that this use may cause to a third party. The User at the origin of the publication remains solely responsible as such.
The Owner can not be held responsible for the use made of the Website, the Application and its services by the Users in violation of the present General Terms and Conditions and for the direct or indirect damages that this use could cause to a User or to a third party. In particular, the Owner can not be held responsible for false declarations made by a User and his behavior towards third parties. In the event that the liability of the Owner is sought because of such behavior of one of its Users, the latter undertakes to guarantee the Owner against any conviction pronounced against him and to reimburse the Owner of all costs, including lawyers’ fees, incurred in its defense.
The User is solely responsible for all the contents that he / she puts on the Application, of which he expressly declares the full rights, and as such guarantees the Owner that he does not put on-line content that violates third-party rights, including intellectual property rights, or constitutes an offense against persons (including defamation, insults, etc.), privacy, public order and morality (Including apology for crimes against humanity, incitement to racial hatred, child pornography, etc.). In the event of violation of the laws in force, good morals or the present GTCU, the Owner can automatically exclude the Users who will be guilty of such infringements and delete information and references to these disputed contents. The Owner is referred as a web host for content posted by third parties. As such, it is recalled that the Owner has no general obligation to monitor the content transmitted or stored via the Webite and the Application.
Protection of minors: The application is not intended for minors. By using the Application, the User certifies that he or she is over the age of legal majority. The Owner reserves the right to terminate its membership if it appears that the User is a minor. Minors are not permitted to disclose personal data to JetLike; In such a case, JetLike would take all appropriate measures to erase such data.
Report an abuse: The Application is a community space that presupposes respect for others and where respect for the law applies to everyone. Any User agrees to exercise discernment in the use of the Application and the tools provided. Users acknowledge that they are aware of the risks inherent in the use of online communication services and must therefore use the Application in full knowledge of the facts. Any User has the possibility to report an abuse, by clicking on the button provided for this purpose.
In the event that the Owner’s liability is sought for the content put on-line by the User, the User undertakes to guarantee the Owner against any conviction pronounced against him and to reimburse the Owner of all costs, including lawyers’ fees, incurred in its defense.
ARTICLE 9 – PERSONAL DATA
The User is hereby informed that the personal data indicated as being mandatory on the registration forms and collected for the service described herein are necessary for the use of the Website and the Application. The personal data of the User that the Owner collects from him may include:
– His/her lastname, names and nicknames
– His/her email address
– Its IP address (virtual address of its computer)
The Owner undertakes to protect the personal data of the User and all personal data obtained by the use of the services of the Website and the Application.
As such, each User is solely responsible for maintaining the confidentiality of his username and password, and is solely responsible for all access to his User Account, whether authorized or unauthorized.
The Owner can not be held responsible for any action or damage done through the User’s personal space by a third party who would have had access to his / her username and password due to fault or negligence attributable to the User. The User agrees to inform the Owner immediately as soon as the User knows or suspects unauthorized use or unauthorized access to his personal space.
All personal data collected by the Owner are collected directly from the User and processed by the Owner to enable the implementation and management of the services of the Website and the Application. These data may also be used to develop statistics to improve the services of the Website and the Application. This data may be passed on to the Owner’s partners and suppliers involved in the management process for marketing management and the User relationship.
The Owner complies with the legislation on the protection of personal data.
ARTICLE 10 – HYPERTEXTS LINKS
The hypertext links available on the Website and the Application may refer to third party websites not published by the Owner. They are provided solely for the convenience of the User, in order to facilitate the use of resources available on the Internet. If the User uses these links, he will leave the Website and will then agree to use the third party sites at his own risks, as the case may be, in accordance with the conditions governing them.
Consequently, the Owner can not be held responsible in any way for these hypertext links.
In addition, the User acknowledges that the Owner can not endorse, guarantee or resume on its behalf all or part of the conditions of use and / or the content of these third party sites.
The Website and / or the Application may also contain promotional hyperlinks and / or advertising banners referring to third party websites not published by the Owner.
The Owner invites the User to inform him of any hypertext link present on the Website and the Application which would allow access to a third party site offering content contrary to the laws and / or good morals.
The User may not use and / or insert a hypertext link pointing to the Website without the prior written consent of the Owner on a case-by-case basis.
ARTICLE 11 – GENERAL PROVISIONS
INTEGRALITY OF THE AGREEMENT OF THE PARTIES
These Terms and Conditions constitute a contract governing the relationship between the User and the Owner. They constitute the entirety of the rights and obligations of the Company and the Owner relating to their object. If one or more of the provisions of these General Terms and Conditions are declared null and void under a law, regulation or as a result of a final decision of a competent court, the other stipulations shall retain their full force and effect. Furthermore, the fact that one of the parties to these General Terms and Conditions does not rely on a failure by the other party to any of the provisions of these General Terms and Conditions can not be interpreted as a waiver by the other party To avail themselves of such a breach in the future.
MODIFICATIONS OF THE CONDITIONS
The Owner reserves the right to modify at any time and without notice the content of the Website, the Application or the services available therein, and / or to temporarily or permanently cease to exploit the whole or part of the Website And Application.
In addition, the Owner reserves the right to modify at any time and without notice the location of the Website on the Internet, the Application, and these General Terms and Conditions. The User is therefore obliged to refer to these General Terms and Conditions before any use of the Website and the Application. IN THE EVENT OF MATERIAL CHANGES AND THE CONTINUOUS / IN-SERVICE PROVISIONS, THE USER WILL BE INFORMED BY EMAIL AND WARNING ON THE WEBSITE, THE APPLICATION BEFORE THE AMENDMENT.
The User acknowledges that the Owner can not be held responsible in any way towards him or any third party because of these modifications, suspensions or terminations.
The Owner advises the User to save and / or print these Terms and Conditions for safe and lasting retention and to be able to invoke them at any time during the execution of the contract if necessary.
CLAIM – MEDIATION
In the event of a dispute, you must first contact the company’s user department at the following address: firstname.lastname@example.org
If necessary, a mediator will try, in all independence and impartiality, to bring the parties closer together in order to reach an amicable solution. The parties remain free to accept or refuse the use of mediation and, in the event of mediation, to accept or refuse the solution proposed by the mediator.
These General Terms and Conditions are governed, interpreted and applied in accordance with French law.
ACCEPTATION OF GENERAL CONDITIONS BY THE USER
The User acknowledges that he has read these Terms and Conditions carefully.
By registering on the Website and the Application, the User confirms having read the General Terms and Conditions and accepting them, making him contractually bound by the terms of these General Terms and Conditions.