CGU / CGV.
"Subscription" refers to the fee payable to access AROUND SEX services over a specified period of time. This period may be one month, three months, six months and one year, which may be renewed by tacit agreement for periods of the same duration.
"My Profile" means all information, including images, content, data, texts, provided by the User and made available to other Users on the AROUND SEX Application.
"General Conditions of Use" means this Agreement.
"AROUND SEX" means the entity responsible for the services accessible through the AROUND SEX site, consisting of the User creating his profile, offering availability, or agreeing to reach geo-localized persons available on a niche, calendar.
The "AROUND SEX Service" refers to a service intended to promote meetings between libertines, accessible by connection to the website on computer, tablets and mobiles, free of charge or paying, according to the offer enjoyed by the User.
The AROUND SEX website is available on the Web.
"Suscriber" means the validly registered user of the service accessible through the AROUND SEX application.
2. DESCRIPTION OF THE SERVICE
The AROUND SEX Site offers a dating service dedicated to libertine relationships, accessible by mobile phone.
Access to the site is free.
However, access to certain features of the site assumes the payment of a subscription by the Users. Before subscribing to a paid subscription, the User is informed of the special conditions applicable to this Subscription (price, duration of the subscription, etc.).
3. ACCEPTANCE OF THE GENERAL CONDITIONS
The User declares to have read and accepted fully and without reserve the whole of the present General Conditions of Use in force on the day of access to the Application AROUND SEX.
4. REGISTRATION AND ACCESS TO AROUND SEX SERVICES
- Service Registration:
In order to be a User of the AROUND SEX Service, the User must be at least 18 years old in France and, in any case, major according to the regulations in force in each State in which the AROUND SEX Service is accessible and complete all mandatory fields in the registration form.
The User undertakes to ensure that the information provided, including personal information, is accurate, complete and up-to-date and to make any necessary updates.
In particular, the user agrees not to create a profile that does not correspond to the reality (in particular choice of type man, woman, couple, etc.).
- Access to the Service
Once registered, the User has a user name and a password, which are strictly personal and confidential.
The User is informed that in case of disclosure of these elements of identification to a third party, he will be responsible for all the actions or declarations made by his User personal account, whether fraudulent or not.
5. RIGHT OF RETRACTION
5.1: Right of withdrawal:
Right of retraction is cancelled when the user starts using service.
If service is not using following subscription, in accordance with article L 121-21 of the Consumer Code, the User has a period of 14 (fourteen) clear days from the date of subscription to the AROUND SEX Service to exercise his right of withdrawal, without penalty and without pattern.
To exercise this right of withdrawal, the user must notify AROUND SEX of its decision to withdraw from this contract by means of an unambiguous declaration before the deadline expires.
The User may send an e mail to [email protected], and AROUND SEX will check the using of service before all action.
If the User uses this option, AROUND SEX will notify him / her, an acknowledgment of the retraction by mail.
To be take into account, the notification of the right of withdrawal must imperatively include:
- the surname and first name of the user,
- the mailing address of the user,
- the pseudonym used on the site,
- the e-mail address used when registering.
In order for the withdrawal period to be respected, it is sufficient for the User to transmit his communication relating to the exercise of the right of withdrawal before the expiry of the withdrawal period.
5.2: Effects of withdrawal:
In the event of withdrawal from the User of this contract, AROUND SEX will reimburse the user the full amount paid without undue delay and in any case not later than 14 (fourteen) days from the date to which AROUND SEX will have been informed of the User's decision to withdraw from this contract.
AROUND SEX will proceed to the refund using the same means of payment as used for the initial transaction, unless the User specifically agrees to a different means; in any case, this reimbursement will not incur any costs for the User.
6. RATES AND SUBSCRIPTIONS
6.1: Prices and terms of payment:
Access to the AROUND SEX application is free. Subscription to the service is paid as a subscription and entitles to the completeness and publication of a profile, consultation of profiles, their availability on a map, then proposing and scheduling meeting through mobile phone, tablet or computer.
The rates are different depending on the duration of the subscription chosen:
Rates in force to date, excluding promotion:
The three proposed formulas are as follows:
- 1 month: 10 (ten) euros for the month
- 3 months: 7 (seven) euros for the month ie 21 (twenty one) euros for the 3 months
- 6 months: 6 (six) euros for the month, ie 36 (thirty-six) euros for the 6 months
- 1 year: 5 (five) euros for the month ie 60 (sixty) euros for 12 months
These subscriptions are payable in one installment at the beginning of the subscription period.
Prices are quoted in euros, all taxes included.
The subscription to the AROUND SEX paying service begins on the date of validation of the transaction by credit card.
The User must keep the proof of payment that he receives by email during the settlement. It will be asked in case of complaint or dispute.
6.2: Modification, renewal and termination of the Subscription:
The User may change this subscription cancelling the current subscription and re suscribe with the same account.
The User may terminate his subscription at any time on the "My subscription" page by simply clicking on the unsubscribe link, under the conditions provided for in Article 10 "Termination". This procedure cancels the renewal but allows the User to benefit from the subscription days remaining for subscription.
Upon termination of the Subscription, the User will be automatically renewed for a period equivalent to that initially chosen by the User when subscribing to the Subscription.
The price of the renewed Subscription will be taken from the User according to the periodicity initially chosen at the time of subscription of its Subscription, namely:
1 month subscription: 10 (ten) euros will be deducted monthly
3-month subscription: 21 (twenty-one) euros will be collected every 3 months
6-month subscription: 36 (thirty-six) euros will be deducted every 6 months
Subscription 1 year: 60 (sixty) euros will be deducted each year
The User may terminate the renewed Subscription at any time, under the same conditions as the Initial Subscription.
Pursuant to Article L.136-1 of the Consumer Code:
"The service provider shall inform the consumer clearly on this subscription period, from starting date to deadline subscription period and re conduction period which follows the subscription.
This information, delivered in clear and comprehensible terms, mentions, in an apparent box, the deadline for termination.
Where this information has not been sent to him in accordance with the provisions of the first subparagraph, the consumer may terminate the contract free of charge at any time from the date of renewal. Advances made after the last renewal date or, in the case of contracts of indefinite duration, after the date of conversion of the initial fixed-term contract, are reimbursed within 30 days of the date of termination, after deduction of the sums corresponding to the execution of the contract. In the absence of reimbursement under the conditions set out above, the sums due shall bear interest at the legal rate.
The provisions of this Article shall apply without prejudice to those which legally subject certain contracts to specific rules as regards consumer information. The three preceding subparagraphs do not apply to drinking water and sewerage operators. They are applicable to consumers and non-professionals.
7. OBLIGATIONS AND PROHIBITIONS
- not to make or utter words or disseminate in any form whatsoever infringing the rights of others or of a defamatory, abusive, obscene, offensive, violent or inciting nature of violence, political, racist or xenophobic and in general any content contrary to the laws and regulations in force.
- not to make or utter words or to disseminate in any form whatsoever content that in any way impairs the protection of minors.
- not to indicate or disseminate in any form whatsoever information or content incorporating links (in particular hypertext links) to third party sites which are of an illegal nature.
- not mention on the AROUND SEX Application any personal information provided by another User who can allow a User to contact another User without using the services of AROUND SEX.
- do not use the Services of AROUND SEX for the purposes of prostitution or solicitation.
- do not use the Services of AROUND SEX for professional or commercial purposes, in any case not private.
- not post, distribute, in any form whatsoever, any information or content that slows down, diminishes and / or prevents the normal functioning of the AROUND SEX Application and in particular software, viruses, Trojans, mass mailing, etc.
- do not advertise any other site or service, whether or not it is a competitor, for the purpose of diverting registered Users, or for any other reason, in particular by means of hypertext links.
- not to communicate, to disseminate, to share, to make accessible in any way its login identifiers (username and password) to the AROUND SEX application.
- do not infringe intellectual property rights (patents, trademarks, domain names, company names, trade names, signs, designs, copyright, secrecy) belonging to others.
- do not collect or store personal data relating to other Users.
- do not create a false profile in order to deceive the AROUND SEX Service and / or the other Users. In case of doubt about the veracity of a profile, AROUND SEX may carry out any verification that it deems necessary and it will be for the User to demonstrate that his profile corresponds to all the information he will have indicated during the creation of its member card. The User must then submit to any procedure that will be indicated to him by AROUND SEX and in particular by means of a videoconference, via Webcam. In the event of a refusal by the User to submit to such verification, AROUND SEX reserves the right to delete the User's account without any refund, if any. In case of recurrence, the User will no longer be allowed to recreate a new profile on the Site.
- do not put his mail, an url or his phone number on his card, on his photo or in the free text boxes and / or say that he is not subscribers and / or ask the contact details of the members and / or to return to other sites, all directly or indirectly.
Moreover, The Around Sex Moderator is not responsible of the contains, every member is fully responsible of this publications.
8. PRIVACY AND PERSONAL DATA
AROUND SEX complies with the laws in force in France regarding the protection of privacy and personal data.
AROUND SEX complies with the law "Informatique et Libertés" n ° 78-17 of January 6, 1978 amended by law 2004-801 of August 6, 2004 incorporating into French law the Directive 95/46 / EC of October 24, 1995 on data protection and the Law on "Confidence in the Digital Economy" No. 2004-575 of 21 June 2004 (amended Article L. 33-4-1 of the Postal Code and Telecommunications and Article L. 121-20-5 of the French Consumer Code) incorporating into French law Directive 2000/31 / EC of 8 June 2000 on electronic commerce and Directive 2002/58 / EC of 12 July 2002 on the protection of personal data and privacy in electronic communications.
The User expressly assents to the processing of data concerning him by AROUND SEX, certain information, indications or contents that the Users may optionally broadcast on the AROUND SEX Application being capable of revealing the ethnic origin of the User, nationality, religion and / or sexual orientation. By communicating such information on the AROUND SEX Application, the User takes sole responsibility.
In any case, AROUND SEX can not be held responsible for the elements that the User discloses on his own initiative.
Consequently, the User waives all recourse against AROUND SEX concerning infringement or prejudice resulting from the dissemination of information relating to his personal life on the AROUND SEX site as described above.
The User has a right of access and a right of rectification to the Personal Data concerning him.
The User may exercise this right at any time and directly on the AROUND SEX Application by rectifying, supplementing or deleting the information concerning him.
AROUND SEX ensures to put in place all these means to protect data of subscribers in the terms conditions written before.
AROUND SEX warrants that the personal information provided at registration by the User and which does not constitute its announcement and / or presentation will not be accessible to third parties, nor transmitted, sold or exchanged.
9.1: Responsibility of AROUND SEX:
The AROUND SEX Application provides storage of signals, writings, images, sounds or messages of any kind provided by recipients of these services. Consequently, the AROUND SEX application must be considered as a content host within the meaning of French law and in particular Article 6 of Law n ° 2004-575 of 21 June 2004.
As a hosting provider and in accordance with Article 6.I.7 of Law no. 2004-575, the AROUND SEX Application is not subject to any general monitoring obligation.
Nevertheless, the AROUND SEX Application has set up a notification system enabling Users to report all the contents of a form (photographs, announcement etc.) that would contravene the legislation and regulations in force.
Finally, AROUND SEX will inform the competent public authorities in case of apology for crimes against humanity, incitement to racial hatred or child pornography.
9.2: DISCLAIMER OF AROUND SEX:
The User expressly acknowledges that the constraints of the Internet do not allow AROUND SEX to guarantee the availability and permanent security of data transmissions on the AROUND SEX Application.
AROUND SEX can not be held liable for any malfunction or inability to access the AROUND SEX application, due to the User's access provider, Internet network congestion, hardware not adapted or to any other circumstance outside of AROUND SEX.
Similarly, AROUND SEX can not be held responsible for any malfunction or inability to access the AROUND SEX site due to maintenance or updating of the AROUND SEX site.
AROUND SEX can not be held liable for the accuracy or inaccuracy of the information provided by other Users of the Service or any consequences that may arise.
In the event of disclosure or usurpation of a User's identifying information to / from a third party, the User will be responsible for all actions or declarations made through his User's personal account, whether fraudulent or not.
Moreover, AROUND SEX can not be held responsible for the possible consequences of the disclosure by the User of information, texts, contents and images concerning him. By accepting these General Conditions of Use, the User expressly waives all recourse against AROUND SEX on the basis of the infringement of the right to the image, his honor, respect for his privacy resulting from the dissemination or disclosure of information about him or her in connection with the use of the AROUND SEX Service.
Also and more generally, AROUND SEX can not see its responsibility committed by the User due to computer errors not attributable to AROUND SEX.
Finally, AROUND SEX disclaims any liability in the event of encounters between Users, even though these encounters would have been made possible through the AROUND SEX application. In this regard, it is particularly advisable for Users to notify a close person and to choose a public place during a first physical meeting.
The termination request does not give rise to the refund of the Subscription for the period remaining until the expiry of its subscription.
The cancellation of the subscription and the deletion of the User's account will be notified / confirmed to the User by e-mail.
The termination of the subscription and the deletion of the User's account will automatically destroy the personal data concerning him.
11. CONTENTS ONLINE BY THE INTERNET:
11.1. Permission to distribute photographs, videos and texts.
Subject to the photographs, and texts distributed, the User expressly authorizes AROUND SEX to broadcast free of charge any photograph or text that the User will make available on the site to all territories, on any medium electronic communication (in particular via mobile terminals) and any declension and / or adaptation of the Smartphone-type site. Consequently, the User expressly consents to AROUND SEX a license to use the intellectual property rights attached to the contents provided. This license includes the right for AROUND SEX to reproduce, represent, adapt, translate, digitize the contents made available by Users (including texts, images, sounds, videos, etc.) would broadcast the AROUND SEX site.
The User is further informed that, taking into account the intrinsic characteristics of the Internet, the data transmitted, in particular any photograph, or text put on-line by the Users, are not protected against the risks of diversion and / or piracy , which we would be held accountable. Therefore, it is the User's responsibility to take all appropriate measures to protect this data.
11.2. Respect for the Rights of Others
Users are responsible for the contents they put on line and undertake to ensure that the information published does not violate any legal or regulatory provisions in force and, in particular, the provisions relating to copyright.
So, by posting a photograph, a text, a comment, etc. on the AROUND SEX application, it will be the User's responsibility to ensure that the distribution of this content does not constitute:
- harm to persons (including defamation, insults, etc.) and respect for privacy;
- A breach of public order (including the defense of crimes against humanity, incitement to racial hatred, etc.);
- A violation of third party intellectual property rights;
So, by putting a photograph, a text, a comment, etc. on-line, the User warrants to hold all the necessary rights and authorizations from the beneficiaries concerned.
Consequently, no action may be brought against AROUND SEX for the User's failure to comply with any of these provisions.
12. PROTECTION OF MINORS:
The AROUND SEX Service is subject to member access, in order to guarantee maximum protection for minors and actively participates in raising parents' awareness of the protection of their children during their visits on the Internet.
In this regard, AROUND SEX will ask you for your declaration of being a major and authorized to register on this site.
13. INTELLECTUAL PROPERTY OF THE SITE AROUNDSEX.FR:
All components of the AROUND SEX application are the exclusive property of AROUND SEX. Therefore, names, content (other than the one posted by Users), graphics, logos, trademarks, designations, features, images, and any other hardware or software, are the exclusive property of AROUND SEX and are covered by the law of Intellectual Property as well as by any law or regulation in force.
The content of the AROUDN SEX application can not be downloaded, copied, altered, deleted, disseminated, sold, rented or otherwise exploited in any way without the express written consent of AROUND SEX . Additionally, AROUND SEX Application Users are not permitted to modify, enhance, edit, translate, decompile, or create one or more derivative works from the content of the Application.
Taking into account, in particular, the extensions and possible improvements of the services, AROUND SEX reserves the right to adapt or modify at any time the scope of the services offered through the Site.
These Terms and Conditions have been updated on June 30, 2016, this edition cancels and replaces previous editions.
If any of the provisions hereof prove to be void in respect of any rule of law in force or a judicial decision which has become final, it would then be deemed to be unwritten without invalidating the General Terms and Conditions, Use or affect the validity of its other provisions.
15. APPLICABLE LAW AND COMPETENT JURISDICTIONS:
These General Conditions of Use are governed and must be interpreted in accordance with French law. Any disputes relating to the interpretation or application of these General Conditions of Use shall be brought before the French courts, which are competent in the jurisdiction of the registered office of AROUND SEX.
However, taking account of the provisions of Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008, and in particular Article 6.2 thereof, Users resident outside France will be able to benefit from the mandatory provisions in force in their country.
16. CONTACT US:
The e - mail address [email protected] is a company property, registered with the Paris Trade and Companies Register under the number 818 698 516, represented by its managers.
For further information, please send an e-mail to [email protected].