Terms and conditions of use

General Terms and Conditions of Use updated December 01, 2019

Welcome to the Yousoon application (hereinafter referred to as "the Application"). Thank you for choosing the Application published by JEMOCO.

1. INTRODUCTION
  1. 1. Application publisher (hereinafter the "Company") :
      - Company name: JEMOCO
      - Corporate form: SAS
      - Share capital: €18,750
      - Head office: 40 avenue du Général de Gaulle, 92360 Meudon La Forêt, France
      - Registered with the RCS of Nanterre under no. 830 613 873
      - Email address : contact@yousoon.com
      - Intracommunity VAT number: FR95830 613 873
      - Publication manager: Jérôme Morgado
    2. The Application is hosted by Amazon Web Services:
  Amazon Web Services, Inc. P.O. Box 81226, Seattle, WA 98108-1226, https://aws.amazon.com

1. 1. The purpose of these General Terms and Conditions of Use (hereinafter referred to as "GTCU") is to define all the conditions of use of the Application by users (hereinafter referred to as "Users") who qualify as consumers under the provisions of the French Consumer Code.
  2. In accordance with legal provisions, a consumer is defined as any natural person who, when placing an order, does so for purposes that are not part of his or her professional activity.
  3. The Company makes the Application available to Users, enabling them to benefit from a range of services (hereinafter the "Services") as described in article 4 below.
  4. The GCU can be accessed by the User when registering on the Application. Acceptance of the GCU by the User implies acceptance of all the terms and conditions of the GCU.
  5. The GCU are also available on the Application in the "Settings" section.
  6. These are regularly updated, and the applicable GCU are those in force when the User registers on the Application.
  7. THE APPLICATION MAY ONLY BE USED BY PERSONS AGED EIGHTEEN AND OVER.
2. TECHNICAL RESOURCES
  1. Before using the Application, the User must ensure that he/she has the technical and IT resources to benefit from the Application and the content available on the Application, and that the operating system of his/her computer device allows secure access to the Application.
  2. The User must also ensure that the device's computer configuration is in good working order and free of viruses.
  3. The Company reserves the right to modify, revise, delete, validate or change, in whole or in part, any content ("Content") appearing on or displayed on the Application.
  4. The Company may delete, change or modify the Application and/or the Content at any time and without notice.
3. DOWNLOAD APPLICATION
  1. Downloading and registering on the Application is free of charge on the App Store and Play Store.
  2. In order to use the Application, the User will be invited to create an account via :
    - his/her e-mail address, in which case the Company will send an e-mail confirming the creation of the account to the e-mail address indicated by the User.
    - Facebook Connect, in which case the Application may use the profile photograph of the Facebook account, the surname, first name and age deduced from the User's date of birth to create his/her profile, public contacts and access to the Instagram account.
  3. The User will be asked to fill out a form and provide the following information to create his/her profile (hereinafter the "Profile"):
    - general information: Profile photos, first name, email address, password (except when registering via Facebook Connect);
    - physical information: gender, date of birth, height, weight, hair and eye color;
    - social information: interested in men or women, type of relationship sought, community(ies), geolocation, lifestyle, level of education, ethnic origin, religion, family situation.
  4. The User will be asked to create a username and password (unless registering via Facebook Connect). The User's login and password are strictly personal. In the event of loss or use by an unauthorized person, the User must inform the Company immediately so that the Company can block access to the User's account and allow the User to create a new username and password.
  5. Any fraudulent downloading of the Application, or downloading presumed to be fraudulent by the Company, will be considered null and void.
  6. The User may delete his account in the Application settings at any time.
4. SERVICES
  1. The Application enables Users to be presented with the Profiles of other Users, according to their communities of interest, their geographical distance and the criteria provided at registration. These search criteria can be modified at any time on the Application. Each User can validate or invalidate a User Profile that interests him or her or not. In the event of mutual interest between two Users, the Application will enable them to make contact. Users can exchange information via the Application's internal messaging system.
  2. The Application provides Users with the following Services:
    - Presentation of Profiles in the Application and the ability to validate Profiles.
    - Reporting of one or more Users whose behavior is contrary to these GCU or to any applicable law, or confidential blocking of one or more Users;
    - Use the Application's internal messaging system to send files (photos, videos, etc.);
    - Consultation of the list of linked and rejected Users and their Profiles, possibility of placing certain User Profiles in "Favorites" and of placing personal comments on each User Profile, to which only the User who has commented will have access; deletion of the list of Favorites, linked User Profiles, personal comments and conversations from the internal messaging system;
    - Modification of search preferences and physical and social information transmitted (except email or gender) ;
    - Receive notifications from the Application's internal messaging system, and activate or deactivate these notifications;
    - Geolocation can be activated and deactivated at any time according to the information on the smartphone;
    - Suggested locations according to the geolocation of each User for a physical appointment;
    - Suspension and deletion of User account ;
    - Automatic deletion of Profiles detected or reported as undesirable or contrary to these GCU and applicable laws;
    - Possibility of modifying a message if the person hasn't read it yet;
    - You can choose where you want to meet;
    - Possibility of temporary or permanent exclusion from an area.
5. OBLIGATIONS OF THE USER
  1. The User undertakes to respect the terms of these GCU and other Users.
  2. The User undertakes to use the Application in accordance with the Company's instructions.
  3. The User agrees to use the Application solely for his/her own personal use, in accordance with these GCU. In this respect, the User agrees to refrain from:
    - use the Application in any manner that is unlawful, for any purpose that is unlawful or for any purpose that is inconsistent with these TOU;
    - to use the Application for the publication of abusive, defamatory, harassing, libellous, obscene, pornographic or threatening statements, and/or those that violate the privacy of others;
    - to disseminate Content that could constitute incitement to commit crimes or offences; incitement to discrimination, racial hatred, and more generally that could be contrary to the laws and regulations in force, to the present rules of use and to good morals and public order;
    - proselytizing on ideological, political, religious or ethnic grounds;
    - attempt to mislead other Users by usurping the surname, first name or pseudonym of other persons;
    - disseminate messages of a violent and/or pornographic nature;
    - sell, copy, reproduce, rent, lend, distribute, transfer or sublicense all or part of the Content appearing on the Application or decompile, modify, display in a form readable by the User, attempt to discover any source code of the Application;
    - attempt to gain unauthorized access to the Application's computer system or engage in any activity that disrupts, diminishes the quality of or interferes with the performance or deteriorates the functionality of the Application;
    - using the Application for abusive purposes by deliberately introducing viruses or any other malicious program and attempting to access the Application in an unauthorized manner;
    - use software robots or any other automated system to consult, save or modify data on the Application;
    - harm the image, privacy or personal data of other Users or third parties;
    - denigrate the Company and/or the Application on social networks or any other current or future means of communication;
    - use the Application for prostitution or for any other reason contrary to public order and/or morality.
  4. Users of the Application also undertake not to :
    - use or query the Services offered through the Application on behalf of or for the benefit of others;
    - reproduce in large numbers, for commercial or non-commercial purposes, information or offers presented within the framework of the Application;
    - integrate all or part of the Application Content into a third-party application or website, for commercial or non-commercial purposes;
    - use a robot, in particular a spider, a search or retrieval application, or any other means to retrieve or index all or part of the Contents of the Application;
    - copy the information onto media of any kind that can be used to reconstitute all or part of the original files;
    - The use of data retrieved or downloaded from the Application for commercial purposes or for distribution to the public is strictly forbidden, subject to civil and criminal penalties.
  5. The User acknowledges that the Company does not engage in marriage brokerage activities and is not subject to the provisions of article 6 of the law of June 23, 1989 on consumer information and protection.
  6. The use of data retrieved or downloaded from the Application for commercial purposes or for distribution to the public is strictly forbidden, subject to civil and criminal penalties.
  7. If, for any reason whatsoever, the Company considers that a User is in breach of these GCU, the Company may, at any time and at its sole discretion, remove the User's access to the Application and take any measures, including legal action, against the User.
6. ACCURACY AND TIMELINESS OF INFORMATION
  1. Each User undertakes to ensure that all information provided is adequate, accurate, up-to-date and complete.
  2. The User acknowledges that the Company does not have the material means to verify the veracity of all information communicated on the Application. The Company cannot therefore be held responsible in the event of identity theft, or if the information provided is false or misleading.
  3. Nor does the Company guarantee the timeliness, lawfulness, probity or quality of information transmitted by Users.
  4. The Company may not under any circumstances be held liable for the content that Users communicate and put online, in particular for its illegal nature under current regulations, for errors or omissions, or for any loss or damage resulting from its use, transmission via the internal messaging system or in any other way via the Application.
  5. Users are invited to inform the Company if they consider that one or more items of content infringe public decency or public order or directly harm them.
7. RESPONSIBILITIES
  1. The Company shall not be liable for any indirect or consequential damages as defined by the case law of the French courts that the User may suffer in connection with the performance of these GCU, and shall not be held liable in the event of an event of force majeure as defined in article 11.1, the act of a third party beyond its control or the act of the User.
  2. Under no circumstances may the Company be held responsible for any misuse of the Application by Users.
  3. Users are solely responsible for their actions on the Application and for the information and photographs transmitted to the Application and via its internal messaging system.
  4. The Company cannot be held liable in the event of a dispute between two Users of the Application.
  5. The Company is in no way responsible for actual appointments between Users. It is the User's responsibility to verify the identity of the User with whom a real appointment is planned; in particular, to plan appointments only in busy public places, and to always inform a friend or relative of the planned appointment, the place and time, and the contact details and identity of the User with whom the appointment is planned.
  6. Similarly, the Company strongly recommends that Users do not transmit any information (telephone number, address, email, etc.) that does not appear on the User Profile.
  7. Users are fully aware of the provisions of the present article and in particular of the aforementioned warranties and limitations of liability, essential conditions without which the Company would never have contracted.
8. PERSONAL DATA PROTECTION
  1. The provisions concerning the protection of personal data as derived from the Loi Informatique et Libertés dated January 6, 1978 as amended by the Loi du 20 juin 2018 relative à la protection des données personnelles and the European Regulation on the protection of personal data dated April 27, 2016 which came into force on May 25, 2018 ("RGPD") are located in an appended document entitled "Privacy Policy" accessible on the Application in the Legal Information section.
9. RIGHT OF WITHDRAWAL
  1. In accordance with Articles L. 221-18 et seq. of the French Consumer Code, by accepting these GTC, the Customer acknowledges that he/she wishes to download the Application free of charge within the statutory withdrawal period, and thus expressly waives his/her right to withdraw.
  2. The User may nevertheless at any time ask the Company to delete his User account by email to the following address : remove@yousoon.com or via the Settings section of the Application.
10. APPLICABLE LAW AND JURISDICTION
  1. These GCU shall be governed by and construed in accordance with French law, without regard to principles of conflict of laws.
  2. In the event of a dispute arising from the interpretation and/or performance of the present Terms and Conditions or in connection with the present Terms and Conditions, the User may decide to submit the dispute with the Company to a conventional mediation procedure or any other alternative dispute resolution method. The User may contact the mediator at the following address mediation.conso@mediation-net.com
  3. The User is hereby informed that :
    - For the dispute to be examined by the mediator, the User must prove that he/she has made a written complaint to the Company or its customer service department and must keep written proof of the steps taken;
    - The request must be well-founded and legitimate.
  4. The User may refer the matter to the mediator within a maximum period of one year following his written complaint to the Company.
  5. Finally, should this mediation procedure fail, or should the User wish to take the matter to court, the rules of the French Code of Civil Procedure will apply.
11. GENERAL PROVISIONS
  1. 1. Force majeure
  The Parties agree to recognize as a case of force majeure any event meeting the criteria defined by the case law of the Cour de Cassation in application of article 1218 of the French Civil Code, insofar as such events would prevent the performance of the GCU by the party invoking it.
  1. 1. Autonomy of clauses
  If any provision of these TOU or its application to any person or circumstance shall be deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions of these TOU.
  1. 1. Notification
  Any notification must be made in writing by email with acknowledgement of receipt to the following email address : contact@yousoon.comor sent by registered letter with acknowledgement of receipt to the address indicated in these GCU.

CONTACT
1. To contact the Company's customer service department, the User may :
  - Send a letter to the following address: 40 avenue du Général de Gaulle, 92360 Meudon La Forêt, France.
  - Send an email to the following address contact@yousoon.com