General Terms of Sewan

TERMS OF USE

TERMS OF USE

www.sewan.com

1. Introduction

 

a) Definitions

 

www.sewan.com (hereafter “the Site”) is published by Baptiste HENRY (hereafter “the Publisher”) with the legal status of a self-employed individual with the business identification (Siret) number 75018724700010 and who is domiciled for such purposes at 3 rue Jehan Scarron, 77185 Lognes, France. (VAT does not apply, following Article 293B of the French General Taxation Code (CGI))

 

The Publisher may be contacted by telephone on +33 621239294 or by electronic mail at the following address: contact@sewan.com

 

The site is hosted by Infomaniak Network SA, a company with its registered office at 26, Avenue de la Praille 1227 Carouge, Geneva, Switzerland, which may be contacted by telephone on the following number: 0811 14 30 70.

 

The Site is published on behalf of Mr Baptiste HENRY, its Publishing Editor.

 

 

b) Scope

 

The Site is freely available and is available without charge to any Internet user aged over eighteen (18) years (“the User”). It consists of a website for meeting people using geolocation.

 

c) Acceptance of the Terms of Use

 

Use of the services offered by the Site is contingent on the site visitor’s acceptance of these Terms of Use. The visitor accordingly acknowledges having reviewed the Terms of Use fully. Validating the terms of use shall constitute acceptance of their content by the User.

 

Validation of these terms of use shall be deemed equivalent to a signature by the User. The User acknowledges the evidentiary value of the Publisher’s automatic registration system and in the absence of evidence to the contrary shall refrain from challenging the same in the event of any dispute.

 

Acceptance of these Terms of Use presumes that the User is aged over eighteen (18) years and has full legal capacity to do so, or if lacking such capacity, has the permission of a guardian or attorney.

 

2. Preamble

 

In making use of the services offered on the Site, members (or “Users”) agree unconditionally:

- To use the services supplied by the Publisher to the standards of a reasonable man;

- Not to deprive other Users of the quiet enjoyment of the site;

- Not to infringe on the rights of third parties;

- To comply with all applicable statutory and regulatory provisions;

- Not to make or upload content or remarks that are racist, false, derogatory, defamatory, contrary to public order or good morals, or which contravene any statutory or regulatory provision in force.

 

The use to which the service is put is the wholly the responsibility of the User alone.

 

In any and all cases, Users are responsible for data held in their personal accounts, on their public profile or exchanged with others in the course of using the services. They remain responsible for their actions while making use of the services and are answerable to the competent authorities for such actions.

 

Any breach of these Terms of Use giving rise to any loss or damage or constituting a breach of the statutory or regulatory provisions in force may be pursued directly against the User responsible and the User accordingly absolves the Publisher of any responsibility in the matter.

 

3. System requirements

 

The minimum system requirements to use the services of the Site are as follows:

 

- Processor: 1 GHz;

- RAM: 256MB of RAM;

- Screen resolution: 1268 × 768;

- Internet browser: Internet Explorer 8 or 9, Firefox 4 or 5, Safari 5, Opera 10 or Google Chrome and any later version of any of the named browsers

 

The User acknowledges having the necessary technical skills and facilities to use the services as supplied by the Publisher. The User also acknowledges having access to a high-speed Internet connection and having taken protective measures against viruses, Trojan horses and other malware and absolves the Publisher of any responsibility in this regard.

 

4. Information relating to geolocation

 

The Site carries out automatic user geolocation by means of the User’s IP address. Any Users wishing to prevent disclosure of their location to other Users may however hide their location by configuring the visibility settings of their profile.

 

 

5. Personal space

 

 

a) Creation of personal space

 

The creation of a personal space by the User is an integral step in making use of the services offered on the Site and in taking part in the Site content. The member may only create and possess a single personal space.

 

In order to create a personal space, the User will be invited to supply a set of personal data relating to him or her. The User agrees to provide correct information and, if correct information is not provided, the personal space may be deleted.

 

Some data may be integral to the use of the services provided on the Site and gathering such data is thus mandatory in creating the personal space. Refusal by the User to provide such data will prevent the creation of a personal space and will consequently prevent the use of the services provided on the Site.

 

b) Functionality

 

The personal space enables the User to review any information provided while registering on the Site and enables the User to manage and maintain such information as may be available to other Users.

 

The Publisher shall not be liable in the event that the personal space or the data contained therein are lost whether due to unforeseen circumstances, technical breakdown or force majeure, and such data is provided for information purposes only.

 

The Publisher may in his sole discretion delete the account of any User who is or has been in breach of these Terms of Use (including but not limited to the User having knowingly provided incorrect information upon registering or setting up a personal space) or any account that has been inactive for one year or more. Such deletion shall not amount to an actionable loss to the User and no liability shall be incurred by the Publisher.

 

This exclusion of liability does not preclude the Publisher from pursuing legal proceedings against any Member where such action is justified in the circumstances.

 

c) Password

 

Upon creating a personal space, the User is invited to choose a password. This password is used to ensure the confidentiality of information contained in the personal space and the user is therefore prohibited from transmitting or communicating it to any third party. The Site shall not be held responsible for unauthorized access to any User’s account if that User’s password has been transmitted or otherwise communicated to a third party.

 

6. Internal messaging system

 

Users will be provided with a private internal messaging system. This system is provided for the sole use of the Site’s Users and is subject to the right to privacy afforded to correspondence. Any User who suffers abuse (whether spam, unsolicited advertising or otherwise) may inform the Publisher who may take all relevant steps in response.

 

The Publisher makes no warranty regarding the retention or availability of contents of inboxes and sent-mail folders and Users are responsible for backing up such content. Loss of content for any reason shall not amount to an actionable loss to the User, who shall not be entitled to any compensation on such grounds due to the fact that the service is provided free of charge.

 

 

7. Publisher’s newsletter

 

By placing a check mark in the box provided for this purpose, Users accept that the Publisher may distribute a newsletter to them with such frequency and in such format as he may decide and which may contain information relating to his business activities.

 

Users will have the option to unsubscribe from the newsletter by clicking on the link provided for this purpose in each and every newsletter.

 

8. Data protection legislation (Law on Computing and Freedom of January 6 1978)

 

 

a) General provisions – Finality – Term

 

Site visitors have an option to provide personal data relating to themselves. Provision of such personal data is not required to browse the site. However, registration on the Site involves the collection by the Publisher of certain items of personal data relating to the User. Users not wishing to provide the data required to create a personal space may not use the services provided on the Site.

 

The collection of such data is necessary for the correct administration of the services provided on the Site as well as for the Publisher to comply with his contractual obligations. Such data is retained by the Publisher solely for these purposes and the Publisher agrees not to use the data in any other context, nor to share the data with third parties save with the express agreement of the User or as provided for by operation of law.

 

The personal data of all registered Users on the Site is retained for a maximum period of one year beginning with the deletion of the personal space, such duration being reasonably necessary for the correct administration of the Site and for the normal use of the data. The data is retained under secure conditions with following current technical practice and in accordance with the provisions of the Law on Computing and Freedom of January 6 1978.

 

b) Rights to access, correct and object to data

 

In accordance with the Law on Computing and Freedom above, Users may object to, search, access and correct the data they have provided. To do so, they may submit a request to the Publisher of the Site addressed to the following e-mail address: sewan3d@gmail.com, or by post to the Publisher’s registered address as given above.

 

The personal data collected will be subject to electronic processing and will be restricted to the Publisher of the Site. The personal data collected will not be subject to any transfer in any foreign jurisdiction.

 

The data controller is Mr Baptiste HENRY.

 

Cnil Registration Number:

 

c) IP address

 

Moreover, the Publisher reserves the right to collect the public IP (Internet Protocol) address of all visitors to the site. This IP address will be collected anonymously and information relating to it will be retained for the same period as personal data and will be used solely in the correct administration of the services provided on the Site. The IP address consists of a series of numbers separated by points, allowing the unique identification of a computer on the Internet.

 

The Publisher will be obliged to provide all personal data relating to any site visitor to the Police (on judicial requisition) or to any person (subject to the order of a court). The IP address of any computer may be linked to the subscriber information held by the ISP (Internet service provider).

 

9. Terms relating to the gathering of “cookies”

 

a) General provisions – Finality – Term

 

In order to provide all visitors with the best possible browsing experience on the Site, as well as to improve the functionality of the various interfaces and applications, the Publisher may place a cookie on the workstations of visitors to the Site. This cookie may store information relating to Site visits (the date, page viewed, and time) as well as information provided by the User during the visit (searches carried out, login information, e-mail address, password, etc.) These cookies are designed to be retained on the visitor’s workstation for a variable period of up to one year and may be read and used by the Publisher on any subsequent visit to the site by that visitor.

 

b) Right to refuse a cookie

 

Site visitors have the option to block or delete a cookie or modify its retention period using the interface provided in their browser (generally via the tools or options menu / privacy or confidentiality settings). In such cases, the browsing experience will not be optimized for that visitor. In the event turning cookies off in the visitor’s browsers prevents the use of certain services or functions provided by the Publisher, this lack of functionality shall not amount to an actionable loss to the User, who will not be entitled to any compensation on such grounds.

 

c) Deletion of cookies

 

Site visitors also have the option to delete existing cookies that are stored on their computer by activating the menu item in their browser designed for this purpose (generally, tools or options / privacy or confidentiality settings). Such a course of action does not affect their browsing on the Site but will deprive the visitor of the benefits of the cookie. In such cases, they must re-enter any information that relates to them.

 

10. Exclusion of the Publisher’s liability within this Agreement

 

In the event that the site is not accessible due to technical problems or for any other reason, site visitors are not entitled to claim any loss or damage and are not entitled to any compensation.

 

To the extent that the various services and interfaces provided to Users are provided free of charge, the Publisher shall not have any obligation in respect thereof as regards the availability and correct functioning of the services.

 

Any malfunction or non-availability of the services shall thus not amount to an actionable loss to the User who shall not be entitled to any compensation on such grounds.

 

The Publisher does not provide any warranty to Users that any meeting arranged via the services offered on the Site will take place, nor any guarantee in respect of the quality or long-term nature of any relations entered into arising from a meeting arranged via the Site.

 

Similarly, the Publisher cannot warrant the correctness of data provided, nor the good faith or honest intentions of other Users, such factors being outside the Publisher’s ability to verify to a sufficient degree of depth or certainty.

 

Users therefore have no right to any compensation in respect of the provision by any other User of incorrect data or bad faith by a User in respect of the use of services provided by the Publisher.

 

In accordance with Article 6-I-2 of the Law on Trust in the Digital Economy of June 21 2004, the Publisher shall not be liable for information stored on behalf of a User unless the Publisher has effective knowledge of the illegal activity or data or if, having gained knowledge of the same, he fails to act promptly to withdraw such data or prevent access.

 

Hypertext links may redirect visitors to other Internet sites and the Publisher of the Site will not be liable if the content of such sites is illegal under any legislation in force. Similarly, the Publisher of the Site will not be liable if a visitor to the Site suffers any loss or damage arising from a visit to a linked site.

 

11. Intellectual property rights concerning content published on the Site

 

All content forming part of the Site belongs to the Publisher and is protected by the applicable intellectual property legislation.

 

Site visitors therefore acknowledge that, unless expressly authorized, any copying, transmission or use of one or more items of content, in whole or in part, and whether modified or not, may give rise to a claim by the Publisher or the holder of rights to that content.

 

This protection shall apply to all content on the site, whether textual or graphical in nature, to the site’s structure, to its name, and to its look and feel.

 

 

12. Modification to the Terms of Use

 

These Terms of Use may be modified by the Publisher or his agent at any time. The Terms of Use applicable to any visitor to the site shall be those in force at the time of connection to the site. The Publisher agrees to retain copies of all former Terms of Use and to provide them to any visitor to the site requesting the same.

 

13. APPLICABLE LAW AND JURISDICTION

 

THESE TERMS OF USE ARE SUBJECT TO FRENCH LAW AND TO THE JURISDICTION OF THE COURT AT LAGNY SUR MARNE (POSTAL CODE 77400). THE FRENCH VERSION OF THIS CONTRACT IS DEFINITIVE.

 

14. Dispute resolution

 

Save where public policy requires otherwise, all disputes arising from these Terms of Use and their operation shall be submitted to the Publisher for consideration with a view to a mutually agreeable settlement. Attention is expressly drawn to the fact that requests for a mutually agreeable settlement do not override the timescales allowed in which to commence proceedings.

 

15. Severability

 

In the event that any of the provisions of these Terms of Use is invalidated by the ruling of any court, such invalidity or unenforceability shall not affect any other provisions, which shall remain in force.

 

16. No waiver

 

Any delay or failure by any party to enforce any one or more of the provisions of these Terms of Use shall not amount to a waiver of the right to enforce any of the remaining provisions.