General Conditions of Use updated on 01 December 2019
Welcome to the Yousoon app (hereinafter “the Application”). We thank you for choosing the application published by JEMOCO.
- Publisher of the Application (hereinafter the “Company”):
− Company name: JEMOCO
− Form of company: SAS
− Share capital: 15,000 euros
− Registered office: 40, avenue du Général de Gaulle, 92360 Meudon La Forêt
− Registered in the RCS from Nanterre under the number 830 613 873
− Email address: firstname.lastname@example.org
− VAT number: FR95830 613 873
− Director of the publication: Jérôme Morgado
- The Application is hosted by Amazon Web Services: Amazon Web Services, Inc. PO Box 81226
Amazon Web Services, Inc. P.O. Box 81226
Seattle, WA 98108-1226
- In accordance with legal provisions, the consumer is defined as any natural person who acts on the occasion of the order, for purposes that are not part of his professional activity.
- The Company makes available to the Users the Application that allows them to benefit from a set of services (hereinafter the “Services”) as described in Article 4 below.
- The Terms are accessible by the User when registering on the Application. The acceptance of the TOS by the User entails the acceptance of all the terms and conditions of the TOS.
- These are regularly updated, the applicable Terms are those in force when registering the User on the Application.
- THE APPLICATION CAN ONLY BE USED BY PEOPLE AGED EIGHTEEN AND YEARS OLDER.
2. TECHNICAL RESOURCES
- Before using the Application, the User must ensure that he has the technical and computer resources to benefit from the Application and the content available on the Application, and that the operating system of his device computer allows secure access to the Application.
- The User must also ensure that the computer configuration of the device is in good working order and contains no viruses.
- The Company reserves the right to modify, revise, delete, validate or change, in whole or in part, any content (“Content”) appearing on the Application or posted on it.
- The Company may delete, change or modify the Application and / or the Content at any time without notice.
3. DOWNLOAD THE APPLICATION
- Download and registration on the App is free on the App Store and Play Store.
- In order to use the Application, the User will be invited to create an account via:
– his email address, in which case the Company will send an email confirming the creation of an account to the email address indicated by the User.
– Facebook Connect, in this case, the Application may use the profile picture of the Facebook account, the name, the first name, the age deducted from the date of birth of the User to create his profile, public contacts, access to the Instagram account.
- The User will be asked to fill out a form and fill in the following information to create his profile (hereinafter the “Profile”):
– general information: profile photos, first name, email, password (except registration via Facebook Connect);
– physical information: gender, date of birth, height, weight, color of hair and eyes;
– social information: interested by men or women, type of relationship sought, community (ies), geolocation, lifestyle, education, ethnicity, religion, family situation.
- The User will be asked to create an ID and a password (except registration via Facebook Connect). The username and password of the User are strictly personal. In case of loss or use by an unauthorized person, the User must inform the Company immediately in order to allow him to block access to the User account and allow the User to create new username and password.
- Any fraudulent download of the Application or deemed as such by the Company will be considered null and void.
- The User can delete his account in the settings of the Application at any time.
- The Application allows Users to be presented the Profiles of other Users, according to their communities of interest, their geographical distance and the criteria provided during registration. It being specified that these search criteria are modifiable at any time in the Application. Each User can validate or invalidate a User Profile that interests him or not. In case of mutual interest of two Users, the Application will allow a connection. Users will be able to exchange via the internal messaging of the Application.
- The Application makes the following Services available to Users:
– Presentation of Profiles in the Application and possibility to validate Profiles.
– Reporting of one or more Users whose behavior would be contrary to these Terms and Conditions or any applicable law or confidential blocking of one or more User (s);
– Use of the internal messaging of the application to send files (photos, videos…);
– Consultation of the list of Users linked and rejected and their Profiles, possibility to put some User Profiles in “Favorites” and to put personal comments on each User Profile which only the User who commented will have access; removing the Favorites list, Connected User Profiles, personal comments, and internal mail conversations;
– Modification of the search preferences and the physical and social information transmitted (except email or genre);
– Receipt of internal messaging notifications to the Application, ability to enable or disable these notifications;
– Enabling and disabling geolocation at any time based on the information on the smartphone;
– Suggestion of places according to the geolocation of each User for a physical appointment;
– Suspension and deletion of the User account;
– Automatic removal of Profiles detected or reported as undesirable or contrary to these Terms and applicable laws;
– Ability to edit a message if the person has not read it yet;
– Possibility of choosing places of connection;
– Possibility to exclude yourself from a place temporarily or permanently.
5. USER OBLIGATIONS
- The User agrees to respect the terms of these Terms and other Users.
- The User agrees to use the Application in accordance with the instructions of the Company.
- The User agrees that he uses the Application solely for his personal use, in accordance with these Terms. In this respect, the User agrees to abstain:
– to use the App in any illegal way, for any unlawful purpose and in any way, for any purpose incompatible with these Terms;
– use the Application for the publication of abusive, defamatory, harassing, defamatory, obscene, pornographic or threatening language, and / or invoking the privacy of others;
– to broadcast Contents that could constitute incitement to the realization of crimes or offenses; provocation to discrimination, racial hatred, and more generally that could be contrary to the laws and regulations in force, the present rules of use and morality and public order;
– proselytizing ideologically, politically, religiously or ethnically; – to attempt to mislead other Users by usurping the name, surname or pseudonym of other persons;
– to broadcast violent and / or pornographic messages;
– to sell, copy, reproduce, rent, loan, distribute, transfer or sublicense all or part of the Content contained on the Application or decompile, modify, display in readable form by the User, attempt to discover any source code of the Application;
– to attempt to gain unauthorized access to the Application’s computer system or to engage in any disruptive activity, diminishing the quality or interfering with performance or degrading the functionality of the Application;
– use the Application for abusive purposes by deliberately introducing viruses or other malicious programs and attempting to access the Application in an unauthorized manner;
– to use software robots or any other automated system for the purpose of consulting, recording and modifying data present on the Application;
– to undermine the image, privacy and personal data of other Users or third parties;
– denigrate the Company and / or the Application on social networks and any other means of communication, current or future;
– to use the Application for purposes of prostitution or for any other reason contrary to public order and / or morality.
- Any User of the Application also undertakes not to:
– use or interrogate the Services offered through the Application on behalf of or for the benefit of others;
– reproduce in number, for commercial or non-commercial purposes, information or offers presented as part of the Application;
– integrate all or part of the Content of the Application into a third party application or a third party website, for commercial or non-commercial purposes;
– use a robot, including exploration (spider), a search or recovery application, or any other means to recover or index all or part of the Application Content;
– copy the information on media of any kind to reconstruct all or part of the original files;
– The use for commercial purposes or public dissemination of data retrieved or downloaded from the Application is strictly prohibited, under penalty of civil and criminal penalties.
- The User acknowledges that the Company does not engage in matrimonial brokerage activities and is not subject to the provisions of article 6 of the law of 23 June 1989 on information and consumer protection.
- The use for commercial purposes or public dissemination of data retrieved or downloaded from the Application is strictly prohibited, under penalty of civil and criminal penalties.
- If, for any reason whatsoever, the Company considers that a User does not respect these Terms, the Company may, at any time and discretion, remove its access to the Application and take any measures including any legal action to against him.
6. ACCURACY AND LICE OF INFORMATION
- Each User agrees that all information, including information about him, that he provides are adequate, accurate, up-to-date and complete.
- The User acknowledges that the Company does not have the material means to verify the veracity of all information provided on the Application. The Company can not therefore be held liable in the event of identity theft, or because the information mentioned is false or misleading.
- The Company does not guarantee either the opportunity, the legality, the probity or the quality of the information transmitted by Users.
- The Company can not under any circumstances be held responsible for the contents that the Users communicate and put on line, in particular of their illegal character according to the regulations in force, of error or omission, of any loss or damage consecutive to the their use, transmission via internal messaging or in any other way via the Application.
- Users are invited to inform the Company if they consider that one or more content violates public morality or public order or directly affects them.
- The Company is not liable for indirect or consequential damages as defined by the case law of the French courts that the User may incur in the context of the execution of these Terms and can not be held responsible in case of fault falling within an event of force majeure as defined in article 11.1, because of a third party outside its control or because of the User.
- The Company can not, under any circumstances, be held responsible for any misuse of the Application by Users.
- Users are solely responsible for their actions on the Application and the information and photographs transmitted to the Application and via its internal messaging system.
- The Company can not be held liable in the event of a dispute between two Users of the Application.
- The Company is in no way responsible for the actual appointments between Users. It is up to Users to check, if necessary, the identity of the User with whom a real appointment is planned; in particular to make appointments only in public places very busy, always to prevent a close to the planned appointment, place and time and contact information and identity of the User with whom the appointment is planned.
- Similarly, the Company strongly recommends that Users do not transmit information (phone number, address, email, etc.) that does not appear on the User Profile.
- Users have become fully aware of the provisions of this article and in particular the aforementioned guarantees and limitations of liability, essential conditions without which the Company would never have contracted.
8. PROTECTION OF PERSONAL DATA
- The provisions concerning the protection of personal data as provided by the Data Protection Act of 6 January 1978 as amended by the Law of 20 June 2018 on the Protection of Personal Data and the European Data Protection Regulation April 27, 2016, which came into effect on May 25, 2018 (“RGPD”), are located in an appendix entitled “Confidentiality Policy” accessible on the Application under the heading Legal notice.
9. RIGHT OF CANCELLATION
- The User may nevertheless at any time ask the Company to delete his User account by email at the following address: email@example.com or via the Settings section in the Application.
10. APPLICABLE LAW AND COMPETENT JURISDICTION
- These Terms are governed by and construed in accordance with French law, without regard to conflict of laws principles.
- In the event of any dispute that may arise during the interpretation and / or execution of these terms and conditions or in relation to these Terms, the User may decide to submit the dispute with the Company to a conventional mediation procedure or any other alternative method of dispute settlement. The User may in particular contact the mediator at firstname.lastname@example.org
- The User is informed that:
– In order for the dispute to be examined by the mediator, the User must prove that he has made a written claim made to the Company or its customer service department and will have to keep written proof of the steps taken;
– The application must be justified and legitimate.
- The User may seize the mediator within a maximum of one year following his written complaint to the Company.
- Finally, in case of failure of this mediation procedure or if the User wishes to seize a jurisdiction, the rules of the Code of Civil Procedure will apply.
11. GENERAL PROVISIONS
- Force Majeure
The Parties agree to recognize as a case of force majeure any event meeting the criteria defined by the jurisprudence of the Court of Cassation in application of article 1218 of the Civil Code since these events would prevent the execution of the T & Cs by the party who invokes it.
- Autonomy of clauses
If a provision of these TOU or its application to any person or circumstance is deemed invalid, void, or inapplicable, for whatever reason, this provision will be deemed severable and will not affect the validity and the opposability of the other provisions of these Terms.
Any notification must be made in writing by email with acknowledgment of receipt to the email address email@example.com, or sent by registered letter with acknowledgment of receipt to the address indicated in these Terms.
- To contact the customer service of the Company, the User can:
– Address a letter to the following address: 40 avenue General de Gaulle, 92360 Meudon La Forêt
– Send an email to the following address: firstname.lastname@example.org