These General Conditions of Sale and Use (the “Terms and Conditions” or the “Agreement”) are agreed between the company whose information is specified at the end of this document and the user executing these conditions or who has accepted these conditions. electronically (hereinafter referred to as “the user” or the “Customer”). Any use of our service (hereinafter referred to as “Hello France / Japan”), implies the full and complete acceptance by the User, of the present General Conditions, being specified that the consent of the User is given electronically via the button «I have read and I accept the Terms and Conditions of Sale and Use» inserted in the registration form. In the event that the User does not wish to accept all or part of these terms and conditions, he is asked to give up any use of our Hello France / Japan Service. The applicable General Conditions are those in effect on the date of subscription to the Website by the User. The Company reserves the right to modify the terms and conditions at any time. These General Terms and Conditions are the property of the Company. Any reproduction, even partial, is strictly forbidden. The User certifies to have the legal majority in his country PREAMBLE Presentation of the Service. Our Bonjour France / Japon service is a French or Japanese community entertainment site designed to help its Users to correspond and meet other people. It is a site for chatting and meeting people online, exchanging and having fun. All messages or provocation to pornographic characters are strictly prohibited. The User certifies having the capacity to contract and agrees to use the Site for its sole use and personal activity.
ARTICLE 1 OBJECT These Terms and Conditions are intended to specify the terms of registration and use of the Site by Users. Users also undertake to respect all the rules presented on the Site which are an integral part of these General Conditions.
ARTICLE 2 TERMS AND CONDITIONS OF REGISTRATION
ARTICLE 2.1 Conditions of registration The Company reserves the right to ask for written justification at any time and to carry out any checks, as well as to delete any account which the User does not give the said justification, immediately or, possibly, within the time limit which it would be time.
ARTICLE 2.2 Registration Procedures The use of the Site is subject to the prior registration of the User. Anyone registering on the Site must guarantee the veracity of the data it communicates. It undertakes to update its information if it changes during the registration period. To register, the User must create a profile, by filling in: an e-mail address, a pseudonym, and a password, as well as all the mandatory information requested on the Site. The pseudonym and the password constitute the access codes to the Site. The User is reminded that registration on the Site is strictly personal. Finally, it is specified that registration on the Site is free. Only certain features of the Site are paid (privilege members), and in some cases, as specified on the page of the overall offers of the Site. Confirmation of registration will be sent to the User by email.
ARTICLE 3 FUNCTIONALITIES OFFERED BY THE SITE In general, the Site allows Users to correspond or meet other people The Site thus allows, in particular, to the Users subscribers the following services:
• chat online;
• to request a virtual appointment;
• to have a search engine to search for Users, to see the Online Users, the last registered, the visited profiles.
• to access His contacts, namely;
• to send each other, between users, text messages;
• to have a private photo book; It is agreed that features may be changed at any time at the sole discretion of the Company. By default, the User receives automatically after his registration, any notifications by e-mail: receiving a mail message, receiving a visit, receiving a gift, receiving a message, daily report and promotions, invitation to Franco-Japanese events; it being specified that this list may be modified at any time at the sole discretion of the Company.
ARTICLE 4 CLAUSES RELATING TO OFFERS To be able to access some of the services offered on the Site, the User must first subscribe to a subscription offer.
ARTICLE 4.1. – Payment terms In general, the prices indicated by the Company at the time of the order are denominated in the currency specified on the offers page of the Site. The means of payment accepted via the PayPal secure payment service are as follows:
• Credit card (credit card, MASTERCARD, VISA)
• AMERICAN EXPRESS card The User certifies that he is the holder of the credit card used for the payment or authorized to use it. In case of fraudulent payment, the Company reserves the right to sue the author of the fraud and to provide the Authorities with all the information requested. In case of delay or default, the Company reserves the right to use a debt collection company, the cost of which will be borne by the User. It is specified that the bank transaction is secure, and that in no way the Company retains banking information on the User. Thus, when paying online, the User is redirected to a fully secure payment server, namely PayPal; it being specified that the Company remains free to change provider. The User is informed that any fraudulent dispute over the payment made will be the subject of a complaint by the Company and is punishable by criminal penalties (5 years imprisonment and 375,000 euros fine, pursuant to the Article 313-1 of the Penal Code).
ARTICLE 4.2. – Presentation of subscription offers. In order to become a “Privilege Member”, the subscription offers proposed by the Company are as follows: Subscription Rates: Subscription 1 month (30 days) １６００円 All fees included Subscription 3 month (90 days) ２７００円 All fees included Subscription 6 month (180 days) ４０００円 All fees included
ARTICLE 4.3. – The renewal of subscriptions Whatever the initial subscription subscribed by the User, it gives rise to a tacit renewal at its expiry for the same duration, itself automatically renewable within the limit of 12 consecutive months from the first renewal. The cancellation of the subscription must be made in accordance with the provisions of article 8 hereof.
ARTICLE 4.4. – Right to retract The User has a withdrawal period of fourteen days (14) from the subscription of the service without giving reasons. However in accordance with Article L 121-21-8 13 ° of the Consumer Code, the right of withdrawal does not apply, in particular, to contracts for the supply of services fully performed before the end of the withdrawal period and whose execution began after the consumer’s agreement and express waiver of his right of withdrawal. Thus by accessing the service before the end of the aforementioned period of fourteen days (14), the user expressly waives his right of withdrawal.
ARTICLE 5 PERSONAL DATA The Company informs the User that his data are recorded and that the Company has made the preliminary steps regarding the processing of these data, in accordance with the provisions of Directive 95/46 / EC of 24 October 1995. The User is informed that his data are subject to processing allowing the Company to offer the User the various services offered by the Site. Thus, the processing of the User’s personal data has been declared. Users have the right to access, modify, rectify or delete their collected data by simply contacting the Company by post. The data transmitted by the User are kept for the duration of the registration of the User to the Site. The connection information and, in particular, the pages consulted and the IP addresses are kept for the legal duration, namely one year. In the event that the User communicates personal data likely to reveal his racial or ethnic origin, his philosophical, political, trade union, religious opinions, his sexual life or his health, the User expressly consents to the treatment by the Company of his sensitive data and takes full responsibility for it. The Company takes all appropriate measures to ensure the security and confidentiality of the personal data processed. In any case, the User is informed that the personal data he provides on the Site can be viewed by other Users of the Site. In addition, the Company may place cookies in the User’s terminal. The consent of the User will be expressly collected at the time of registration. These cookies record information about the navigation on the Site and store information entered during the visit, so that there is no need to enter them during future visits. The retention period of this information in the User’s terminal is 13 months. It is possible to oppose the registration of such cookies by configuring the browser under these conditions:
• If you are using Internet Explorer: Select “Tools” at the top of the page, then “Internet Options” and finally the “General” page. In the “Temporary folders” section, click “Delete cookies”. Click “OK” in the dialog window that opened. Please note that if this has never been done, the “cleaning” may take a few minutes. Once cookies are deleted, click “OK”.
• If you are using Firefox / Mozilla: Select “Tools” at the top of the page, then click “Options” and “Privacy”. In the “Cookies” section, click on “Delete”. Finally, click on “OK”.
• If you are using another browser, please go to the Help section of your browser Here’s how to clean your temporary files (caches):
• If you are using Internet Explorer: select “Tools” at the top of the page, then “Internet Options” and finally the “General” page. In the “Temporary Folders” section, click “Delete”. Click “OK” in the dialog window that opened. Please note that if this has never been done, the “cleaning” may take a few minutes. Once the folders are deleted, click “OK”.
• If you are using Firefox / Mozilla: select “Tools” at the top of the page, then click “Options” and “Privacy”. In the “Cache” section, click “Clear”. Finally, click on “OK”.
• If you are using another browser, please go to the Help section of your browser.
ARTICLE 6 LIABILITY
ARTICLE 6.1 RESPONSIBILITY OF THE COMPANY The Company declines any responsibility for the direct or indirect consequences of the use of the Website by the User. The User acknowledges and formally accepts that the Company’s liability can not be directly or indirectly withheld for any reason whatsoever, for damages:
• Linked to an interruption of the Site independent of his will and / or motivated by any faulty behavior of the User, misuse of the Site by the User, or non-compliance by the User with these Terms and Conditions;
• Linked to the loss of data on the Website suffered by a User;
• Associated with any fault, negligence or omission of a third party over which the Company has no power of control or supervision;
• Linked to a request for temporary or permanent interruption of the Website by a competent administrative or judicial authority;
• Linked to a failure of the transmission networks;
• Linked, in general, to a case of force majeure. Access to the Site is open 365 days a year, 24 hours a day, 7 days a week, except in cases of force majeure, technical and / or computer and / or telecommunication difficulties and / or maintenance periods. . In the event that the liability of the Company is incurred as a result of a fault established against him, the amount of damages that may be claimed by the User to the Company will, in any case, limited to the global sum and lump sum of 50 euros. In the event that the Company’s liability is sought by reason of a breach by a User of its obligations under the law or these General Terms and Conditions, the User undertakes to guarantee the Company against any and all convictions. against him, this guarantee covering the fees and legal costs that could be charged to him. Finally, the responsibility of the Company can not be engaged by the User in case of dissatisfaction of the profiles presented on the Site; The company is not able to guarantee Users that the Site fully meets their expectations. Under no circumstances is the Company bound by an obligation of result in the success of the User to be put in contact with other adults via the Site. In addition, the Company can not be responsible for the consequences of the relationship between the Users, and in particular in the event of a physical meeting between Users of the Site placed on the Site. For more discretion, the Company recommends to the User to use a pseudonym, to blur the photographs he publishes or to use the masks made available on the Site, and not to insert sensitive data. Finally, the role of the Company is limited, on the content posted by Users on the Site, to that of a hosting provider within the meaning of Article 14 of Directive 2000/31 / EC of 8 June 2000 on the e-commerce. By Content, it is understood to mean any content that the User may publish on the Site, such as: information relating to his profile, the content of his messages or announcements, the images, photographs or videos he broadcasts . In fact, if the Company carries out controls on some of the Content published on the Site, it is not able to set up a prior and systematic control. As a hosting company, the Company is not under any obligation to monitor Content distributed via the Site. It is only bound to an obligation to remove an obviously illicit Content which will have been notified to it according to the modalities provided by the LCEN. The company therefore offers a procedure to report illegal Content, via the following procedure: by clicking on the “Report Abuse” button on the detail page of each profile. Finally, it is possible that, because of an administrative or judicial decision, the Company is forced to interrupt or cancel access to the Site, which the User recognizes.
ARTICLE 6.2 RESPONSIBILITY OF THE USER ARTICLE
6.2.1. – As to the access to the Website by the User The User declares to have a subscription with the internet access provider of his choice, and to be solely responsible for his connection to the Internet. Consequently, the Company can not be held liable in case of non-accessibility of the Site due to a faulty connection. The User declares having the hardware and the internet browser allowing access to the Site, namely the latest versions Internet Explorer, Firefox or Chrome. The User acknowledges that the connection fees are his responsibility.
ARTICLE 6.2.2. – As to the Content posted on the Website by the User The User is solely responsible for the Content that he distributes on the Site. The responsibility of the Company can not be engaged in case of illicit or inappropriate Content disseminated by the User or infringing the rights of third parties. The User undertakes to disseminate only information that is accurate, up to date and up to date. Similarly, the User undertakes not to broadcast any Content (text, images or video) that may be characterized as being, in particular, Content: • defamatory, abusive, pornographic, obscene, sexual, racist, xenophobic, anti-Semitic, pedophile, as an apology for crimes against humanity; • incitement to racial hatred, discrimination, hatred of a person or group of persons on the basis of their origin, ethnicity, ethnicity, nation or race or a particular religion; • inciting to commit a crime or an act of terrorism or advocating war crimes or crimes against humanity; • allowing third parties to obtain, directly or indirectly, pirated software, serial numbers of software, software allowing hacking and intrusion into computer and telecommunications systems, viruses or in a manner generally, any tool or software that may infringe the rights of third parties and / or the safety of persons and / or property; • contrary to the image of the Company and having the effect of causing conflicts between Users; • diverting other Users to another competing site of the Company; • contrary to the rights and interests of the Company or third parties; • and, in general, any Content that does not comply with the laws and regulations in force, public order and morality. The User also undertakes not to broadcast Content that violates the privacy of third parties, the right to the image, or is protected by the law of intellectual property and, in particular, by copyright. The User also undertakes not to publish on the Website links to any website that distributes Content as described above. In addition, the User is solely responsible for the safeguarding of the Content that he distributes on the Site. The User has the option of alerting the Company to any Content or information that appears to be unlawful or violating its rights or interests, by using the “Report Abuse” button on the detail page of each profile. The User is informed that the Company reserves the right to refuse any profile, photograph or advertisement that it deems inappropriate.
ARTICLE 6.2.3. – As for the images diffused on the Site In the event that the User provides, during his registration or as part of the use of the Site, a photograph, he acknowledges:
• for a photograph representing him, authorize the Company to disseminate this image on the Site under the conditions, including confidentiality, chosen by the User;
• for a photograph on which third parties are identifiable, to have obtained from them an express authorization to allow the diffusion of the photograph on the Site. The User has the obligation, at the request of a third party tending to the withdrawal of the photograph the representative, to make right without delay. In addition, the Company reserves the right to proceed, upon notification by a third party, to any withdrawal of a photograph infringing the right to the image. If the User distributes nude images on his profile, he takes sole responsibility
ARTICLE 6.2.4. – As for the access codes of the User The User is informed that the access codes allowing him to access the Site are personal and confidential and that he is responsible for their backup. The User is therefore prohibited from communicating his access codes to third parties. These access codes may only be changed at the request of the User or at the initiative of the Company, subject to informing the User in advance. The use and preservation of access codes are the sole responsibility of the User, the Company will not be responsible for any loss or damage resulting from the failure of the User to comply with these requirements. The User therefore acknowledges being the sole and exclusive owner of his access codes. He alone will bear the consequences that may result from the use by third parties who would have known of them. In case of loss or theft of his access codes, the User agrees to change the password or to request the regeneration via the procedure set up by the Company allowing him to recover his access codes. as soon as possible. The User agrees to respect the image of the Company and its reputation, as well as other Users. He undertakes not to engage in any statements and / or actions that adversely affect the Company or its Users.
ARTICLE 6.2.5. – As to the behavior of the User In general, the User is prohibited from disturbing, in any way, the functioning of the Site. The User agrees to be courteous, polite and friendly on the Site. He undertakes not to behave in a manner likely to shock the sensitivity of third parties. Users who decide to meet do so of their own free will and under their sole responsibility. It is also recalled the virtual aspect of the conversations that the users can have via the Site. As a result, in the event of meetings, the Company strongly recommends Users to notify a person of their entourage, to be accompanied and to promote a public place. In addition, the User certifies being aware of the shocking nature that certain images or texts may take. Finally, the User undertakes never to promote or disclose the existence of the Site intended for adults with minors and to implement the existing means to date to prevent minors from using the computer of the User to access the Site. The User is also prohibited from any use whatsoever of the Content and information contained on the Site (other than the Content provided by himself) or communicated by other Users. The User is prohibited from impersonating a third party to register on the Site. It is forbidden for the User to use this platform for commercial purposes (advertisements, purchase, sale, barter …), without the express and prior permission of the Company. He undertakes not to engage in illegal activities via the Site, such as soliciting or prostitution. The User is therefore informed that in case of non-compliance with these provisions, the Company reserves the right to prevent a User’s access to the Site temporarily or permanently.
ARTICLE 7 INTELLECTUAL PROPERTY The site is the exclusive property of the Company. The Company holds all the intellectual property rights relating to the Site and in particular all the graphic, audio, textual, software, including the underlying technology, or any other nature, constituting the Site. The User undertakes not to infringe the Company’s intellectual property rights and, as such, to reproduce, represent, translate, modify or disseminate, even partially, any protected item. by an intellectual property right, unless previously expressly authorized. By accepting the General Terms and Conditions, the User grants to the Company for the territory of the whole world, and for the duration of its registration, a non-exclusive right to reproduce, represent and, if necessary, modify the information communicated by the Company. ‘User, to ensure the placing on line, accessibility and readability in the best possible conditions, Contents and information provided by the User. The establishment of hypertext links to the Site is subject to the express and prior agreement of the Company.
ARTICLE 8 TERMINATION OF THE SUBSCRIPTION The User may cancel the current subscription at any time. The cancellation must be made [by clicking here on this link] from the site using the identifiers used to create the account at the time of subscription. (Username, password, date of birth) before the end of each trial or renewal period.
ARTICLE 9 DELETION OF ACCOUNT The User can delete his account at any time. The request must be made [by clicking here on this link] from the site using the identifiers used to create the account at the time of subscription. (Username, password, date of birth) The deletion of the account is final and irrevocable. This deletion necessarily entails the deletion of the entire account of the User including his profile, his photographs, his advertisements, etc. The deletion of the account de facto the cancellation of the current subscription, without any amount being refunded to the User if a subscription is still valid. Under no circumstances will the user blocked or terminating his subscription will be able to request a refund of the sums paid. It is therefore up to the User to make sure before termination of the backup of all the data concerning him that he wishes to keep. Any new access to the Site, once the deletion of the account has occurred, will imply a new registration and the creation of a new account. In addition, the Company reserves the right to terminate unilaterally and without notice the account of a User who does not comply with these Terms and Conditions. This termination will take effect immediately, without prior notice from the Company.
ARTICLE 10 RENUNCIATION AND TOLERANCE It is formally agreed between the parties that any tolerance or waiver by one of the parties in the application of all or part of the commitments provided for in this Agreement, whatever their frequency and duration, can not be of this Agreement, nor generate any right whatsoever.
ARTICLE 11 INTEGRALITY This contract expresses all the obligations of the Parties. No indication or document may give rise to obligations hereunder if they are not the subject of an amendment signed by both Parties. No correspondence prior to the signing of this contract may give rise to obligations under the said contract.
ARTICLE 12 ASSIGNMENT OF CONTRACT The User acknowledges and accepts the possibility for the Company to assign, in whole or in part, the contract binding it to the User to any third party of his choice or to entrust the exploitation, in whole or in part, of his obligations resulting contract binding it to the User, to any third party of his choice. The said third party will be fully subrogated to the Company in the rights and obligations resulting from the contract.
ARTICLE 13 APPLICABLE LAW The site is published by the company BONJOUR FRANCE/JAPON, 5 allée du Queyras78180 MONTIGNY-LE-BRETONNEUX siret: 844 899 112 00016 The language of these Terms and Conditions is French. In the event that the General Conditions are translated into other languages, only the French version will be law. In the event that a dispute arises between the parties as a result of the execution or interpretation of these presents, they will endeavor to settle the dispute amicably. Otherwise, the parties will bring the dispute to the competent court.