Terms and conditions of use
Update date: February 26, 2018
Editor: Olivier ARMOET
These general terms and conditions of use (hereinafter referred to as the "Terms of Use" or the "TOU") govern the relationship between :
Allomonsite.com, an AE company with registered offices at 19 rue Benoît Malon, 92150 Suresnes, France, which operates the www.CrushAvenue.com website,
Hereinafter referred to as "Allomonsite.com",
On the one hand,
AND
Users of the Web Site referenced under the domain name www.CrushAvenue.com, as identified by themselves when creating their account on said Site,
Hereinafter referred to as "The Member" or "The Members",
On the other hand.
Preamble
Allomonsite.com operates an Internet platform accessible at www.CrushAvenue.com. (hereinafter referred to as "the Site").
These Terms of Use may be modified by Allomonsite.com at any time and without prior notice. The Member is therefore invited to regularly consult the latest updated version, available to all and permanently accessible on the Site's home page, in the footer of the site.
Article 1: Service registration
1-1 - Membership
To become a Member, the user must be an adult or emancipated natural person acting for non-professional purposes.
This condition is essential and determining of the present Contract.
1-2 - Prior and compulsory registration
In order to benefit from the Service, the Member must first register by completing one or more registration forms, accessible online on the Site (hereinafter referred to as "the Form(s)" or "Registration Form").
By completing the Form, the Member confirms that he/she has read these Terms of Use and agrees to abide by them without reservation.
By completing the Registration Form, the Member warrants to Allomonsite.com that he/she has provided accurate, truthful, up-to-date and complete information, in particular concerning his/her identity.
The Member is hereby informed that Allomonsite.com may check the Registration Forms filled in via the Site and is entitled to suspend the supply of the Service to any Member whose registration methods violate these Terms of Use, under the conditions set forth in Article 6 of these GCU.
The Member undertakes to create only one account corresponding to his/her profile.
1-2-1 - For non-professional members
Non-professional Members must first register by completing a single registration form.
The Member must choose a nickname that does not have any inappropriate connotations and does not lead to any confusion.
In particular, he/she undertakes to provide an effective e-mail address of which he/she is the owner.
The Member must choose a photo representing him or her alone or as a couple, in a decent, recognizable position and not accompanied by children.
He/she undertakes to regularly update all information concerning him/her in his/her profile, in order to maintain its accuracy, and in his/her own interest, given the purpose of the Service.
1-3 - Login and password
As part of the registration process, Members may receive an e-mail to activate their account, to the e-mail address provided at the time of registration. In this case, the Service will not be fully accessible until the Member has fully completed the activation process indicated.
The login and password chosen by the Member when registering allow access to the Service. This information is confidential.
The Member is solely responsible for any use that may be made of his or her login and password, and is the sole guarantor of their confidentiality, as well as for any use of his or her account.
Members undertake to inform Allomonsite.com immediately of any unauthorized use of their account, and of any breach of confidentiality or security of their means of identification.
In the event of the Member's death, and upon production of the relevant supporting documents, the account will be deactivated. The content of the account may only be passed on to the heirs by court order.
Article 2: Use of the site and Members' obligations
In general, the Member shall refrain, when using the Site, from engaging in acts of any nature whatsoever, such as the transmission, publication, posting or distribution of data and/or content that are contrary to the law, infringe public order or the rights of Allomonsite.com or third parties.
In particular, and without this list being limitative, the Member undertakes, when using the Site, to comply with the following rules:
- Acknowledge that the Site CrushAvenue.com is a site for serious and loving relationships (and not ephemeral). The Member therefore agrees to use the Site for this sole purpose and in a loyal manner;
- Do not use a false identity to deceive others;
- Comply with applicable laws and respect the rights of third parties, as well as the present contractual stipulations;
- To use correct language using the tools provided on the Site. Obscene, vulgar, violent and racist language is strictly forbidden.
SMS" is not recommended.
Members are invited to take note of the netiquette that applies on the Internet. Netiquette is the charter of good conduct for Internet players, and is available on the AFA website: Netiquette
- Not to hijack or attempt to hijack any of the Site's functionalities outside of its normal use as defined in these GCU;
- Not to disseminate data, information or content of a defamatory, insulting, obscene, offensive, violent or inciting to violence nature, or of a political, religious, racist or xenophobic nature and, in general, any content that is contrary to the laws and regulations in force or morality;
- Not to disseminate data, information or content whose effect is to diminish, disorganize or prevent the normal use of the Site, or to interrupt and/or slow down the normal flow of communications between Members;
- Not to use the Service to send unsolicited mass messages (advertising or other);
- Not to collect information on third parties, including e-mail addresses, in order to use them to send commercial solicitations or equivalent, or to integrate them into a referencing service or equivalent, whether free or paid, or to carry out competitive intelligence;
- Not to use the Service, directly or indirectly, to carry out practices similar to sales or services, in particular "snowball" sales or any other similar procedures consisting in particular of offering goods to the public with the expectation of obtaining these goods free of charge or against payment of a sum less than their real value and making their obtaining conditional on the placement of vouchers or tickets with third parties or on the collection of memberships or registrations from new buyers.
- Do not offer to collect memberships or to register on a list by requiring the payment of any consideration whatsoever and by giving the expectation of financial gain resulting from an increase in the number of people recruited or registered rather than from the sale, supply or consumption of goods or services;
- Refrain from participating, directly or indirectly, in the creation or development of a network aimed at implementing practices similar to network sales.
In the event of a breach by a Member of one or more of these rules, Allomonsite.com reserves the right to unilaterally suspend and/or terminate the Contract, to block the Member's account concerned, to automatically delete the disputed messages, to prevent the publication of all or part of the Member's profile, and/or to block his or her access to all or part of the Service, temporarily or permanently, without any compensation, in accordance with the terms set out in Article 6 below.
Members may report any behavior or content on the Site that is manifestly contrary to the rules set out above, by describing it and its location on the Site as precisely as possible (either by using the contact form available on the Site's general menu or by using the "Report" buttons provided for this purpose).
Members are nevertheless informed that any abusive reporting may itself be sanctioned in accordance with the applicable regulations.
Article 3: Responsibilities
3-1 - Members' liability
All hardware and software required to access the Site and use the Service are the sole responsibility of the Member. Members are responsible for taking all appropriate measures to protect their own data, computer systems and/or software from contamination by viruses.
The use of information, messages or data of any kind available through the Service is the sole responsibility of the Member, and any decisions or actions that the Member may be led to take or carry out in consideration of such information shall not incur any liability other than that of the Member. In particular, the Member is solely responsible for his or her decision to subscribe to one of the Subscriptions offered by Allomonsite.com.
Members are solely responsible for their use of the Service and the Site, and more generally for any use or operation made from their account.
The Member is responsible for all data and information concerning him or her that he or she has put online, as well as for any content that he or she has provided, whether such data or content is accessible and/or transmitted to the public via one of the Site's communication or exchange areas or sent to anyone by e-mail.
The Member acknowledges that Allomonsite.com has no a priori control over said content and data and that it has no general obligation to monitor the data and content of Members stored and disseminated via the Site.
The Member shall be solely liable to Allomonsite.com and, where applicable, to any third party, for any damages, direct or indirect, of any nature whatsoever, caused by any information or other content communicated, transmitted or disseminated by the Member in connection with the use of the Service, as well as for any breach by the Member of this Agreement.
Allomonsite.com cannot be held responsible for any damage suffered or caused by a Member participating in an outing proposed on the Site. CrushAvenue.com is only an interface allowing its members to propose outings to other members of the site. Members are solely responsible for their participation in outings offered on CrushAvenue.com.
3-2 - Responsibility of Allomonsite.com
Allomonsite.com does not verify the veracity of the information provided by members and declines all responsibility for the inaccuracy, inadequacy or illegality of said information.
Allomonsite.com shall in no event be liable for any data, information and/or content provided by a member, whether or not publicly available, for the lack of veracity of such data, information or content, for any errors or omissions therein, or for any damages resulting from the use of any content provided by a member, posted or transmitted by e-mail or otherwise via the Site.
Allomonsite.com has no general obligation to monitor the data and content provided by members, nor any obligation to delete content that does not appear manifestly illegal, notwithstanding its notification.
Nevertheless, and in accordance with Article 6 of Law No. 2004-575 of June 21, 2004 for confidence in the digital economy, Allomonsite.com undertakes, from the moment it has actual knowledge of the manifestly illicit nature of the content and data, to act promptly to remove it or make it impossible to access.
Allomonsite.com cannot be held responsible for any consequences that may arise during, or at the end of, outings in which several members have participated, following the use of the site and the service.
Due to the particular nature of the Internet network, access to the site may be interrupted or restricted at any time for reasons beyond Allomonsite.com's control. In such cases, Allomonsite.com cannot be held liable.
Allomonsite.com shall not be held liable in the event of interruption of access to the site due to maintenance operations, updates or technical improvements, or to change the content and/or presentation, provided that such interruptions are notified and do not exceed normal practice.
Allomonsite.com reserves the right, at any time and without notice, to modify any information on the site in order to update it or correct any errors or inaccuracies.
Allomonsite.com is not responsible for the content of third-party websites to which hypertext links on the site refer.
To the fullest extent permitted by law, in no event shall Allomonsite.com be liable for any consequential damages, lost profits or damages resulting from lost data or business interruption caused by the use of or inability to use the site, the service or the content.
Article 4: Outings
4-1 - Organization of outings
Members agree to abide by the Terms of Use, in particular the registration procedure.
They also agree to abide by the following rules:
- To propose on the Site only real and feasible Outings;
- Members only offer outings on a personal and private basis.
They must indicate whether the outing is free or paying. In the latter case, they must specify the exact price to be paid by participating Members.
- A Member who maintains any link (Friends, family, employee, member) with a professional or an Association, whether or not a Member of the Site, undertakes not to organize an outing at the latter's premises;
- Prohibit any discrimination in access to the outings on offer, whether sexual, social, racial, political or religious in origin;
- Not to put participants in a proposed outing in an illegal situation, or to put them in any danger, whether consciously or through negligence,
Allomonsite.com reserves the right to remove at any time and without notice any release that does not comply with these conditions.
5 - License to use the Site and the Service
Allomonsite.com grants the Member a non-exclusive, personal and non-transferable license to use the Site and the Service, and the data they contain, for his or her professional and strictly personal use, in accordance with these Terms of Use and, in particular, in accordance with the purpose of the Site and the Service (hereinafter referred to as "the License").
Any other exploitation or use of the Site, the Service, their content and in particular the data they contain is excluded from the scope of this License and may only be made after obtaining the prior written authorization of Allomonsite.com.
In particular, any extraction or reuse beyond the normal use of the Site of the data contained in the Site and/or the Service is strictly forbidden to the Member and is subject to the express prior authorization of Allomonsite.com.
5-1 - License to use content put online by Members
The Member warrants to Allomonsite.com that he/she is the author of the content and data posted on the Site.
In order to provide the Service and in accordance with the purpose of the Site, the Member grants Allomonsite.com a free and non-exclusive license to use the content and data that it integrates and/or places online via the Site.
The Member guarantees Allomonsite.com that the data, information or content in question complies with the law and does not infringe the rights of others. Allomonsite.com does not acquire any ownership rights to the data, information and/or content provided by Members.
By publishing his or her data, information and/or content on the Site, each Member agrees that it may be published on the said Site and made accessible to other Members and third parties.
For the sole purpose of performing the Service, the Member authorizes Allomonsite.com to reproduce, represent, adapt and translate the content and data provided by the Member via the Site, under the conditions defined below:
- Allomonsite.com is authorized to reproduce all or part of the content provided by the Member on any current or future digital recording medium, and in particular, without this list being limitative, on any server, hard disk, removable or not, memory card, or any other equivalent medium, in any format and by any process known and unknown to date, to the extent necessary for any storage, backup, transmission or downloading operation involved in the operation of the Site and the provision of the Service.
- Allomonsite.com is authorized to adapt and translate Members' content, as well as to reproduce these adaptations on any current or future digital medium, as stipulated above, for the purpose of providing the Service.
This right includes the right to modify, with due respect for the Member's moral rights, the formatting of his or her content in order to comply with the Site's graphic charter and/or to make it compatible with its technical performance or relevant formats, with a view to its insertion and/or publication via the Site.
The purpose of this authorisation is to allow Allomonsite.com to distribute Members' content and data via digital networks and any communication protocol, in particular the Internet, and to make them available to the public.
This license is granted for the duration of the Contract binding the Member to Allomonsite.com.
In the event of an obvious infringement of intellectual property rights on the Site, any person having an interest in the preservation of his or her rights is invited to notify Allomonsite.com of such infringement, using the contact form available on the Site's main menu.
Article 6: Duration and termination
6-1 - Contract duration
The Contract is concluded for an indefinite period from the date of acceptance by the Member of the present Terms of Use.
Each Member may also subscribe to paid Subscriptions offered by Allomonsite.com and referenced on the Site, for the fixed period corresponding to each Subscription and defined in the corresponding Subscription Form, as of acceptance of the General Terms and Conditions of Sale of the chosen Subscription, unless otherwise stipulated in said Terms and Conditions.
6-2 - Termination
Allomonsite.com may immediately suspend access to the Site and the Service in the event of non-compliance with these Terms of Use by the Member.
In this case, Allomonsite.com will notify the Member of the suspension by e-mail and will give the Member formal notice to cease the violation.
At the end of a period of eight (8) days from the date of this notification, which has remained without effect, Allomonsite.com may automatically terminate the Contract, without formality and without prejudice to any damages it may claim as compensation for the prejudice resulting for it from this situation; due to its cause (the Member's breach), this termination will not result in the reimbursement of any sums already paid by the Member in respect of any Subscriptions taken out.
In the event of a manifest breach of the applicable regulations or of the obligations stipulated by the Member in article 2 of these GCU, consisting in particular in the use of the Site for spamming purposes, or in the dissemination of a message, data or information contrary to public order or likely to infringe the rights of third parties (defamation, insult, infringement of an intellectual property right, disparagement, etc.), of whatever nature, Allomonsite.com may suspend access to the content in question and/or delete the Member's account and terminate the Contract, without prior notice.), of whatever nature, Allomonsite.com may suspend access to the content in question and/or delete the Member's account and terminate the Contract, without prior notice.
The Member may terminate the Contract at any time, by visiting the Site and following the procedure provided for this purpose, subject to any specific stipulations in the General Terms and Conditions of Sale for Subscriptions.
6-2-1 - Unsubscribing from the Site
Members may unsubscribe from the Site at any time by following the procedure described below:
7-1 - Collection and confidentiality
Members' personal data is stored by Allomonsite.com for processing in connection with the use of the Service.
All personal data transmitted by the Member in connection with the use of the Site and the Service are collected legally and fairly.
It is used for the purpose of using the Site and providing the Service and may therefore be used by Allomonsite.com for this purpose.
In particular, Members are informed that their personal data may be used by Allomonsite.com to offer them the opportunity to participate in Outings.
The Registration Form on the Site allows Members to register for the Site and the Service by providing Allomonsite.com with certain personal data.
The compulsory or optional nature of the data requested is indicated on the Form for each collection field.
Where data must be provided, failure to do so will result in the Member's registration request not being processed.
Allomonsite.com does not communicate Members' personal data to third parties, subject to the communication of data present on each Member's public profile, as well as for the purposes of the Site and the Service, and in cases where the communication of such data is imposed by the regulations in force, in particular at the request of the judicial authorities.
The personal data provided by the Member will be destroyed five (5) years after his/her last connection to the Site or upon expiry of the Contract, at the Member's express request.
Allomonsite.com takes the necessary measures to ensure that personal data collected via the Site is not lost, misappropriated, consulted, modified or disclosed by unauthorized third parties.
7-2 - Right of opposition, rectification and deletion
In accordance with articles 39 et seq. of the French Data Protection Act no. 78-17 of January 6, 1978, amended in 2004, the Member has the right to access, rectify and delete any personal data concerning him or her processed via the Site, as well as the right to object to the communication of such data to third parties for just cause.
The Member may exercise these rights by using the contact form in the main menu, or by writing to the following postal address:
Allomonsite.com
19 rue Benoît Malon
92150 Suresnes.
Members may access their personal data on request by using the contact form in the main menu, or by writing to the following postal address:
Allomonsite.com
19 rue Benoît Malon
92150 Suresnes.
7-3 - Use and acceptance of cookies
The Site uses "cookie" technology. Cookies are useful, in particular, to facilitate the personalization of Member access to the Service. In particular, the Site includes a connection cookie enabling Members to access the Site repeatedly without having to identify themselves each time.
Generally speaking, cookies do not harm the Member's computer. Members are free to accept or refuse cookies by configuring their browser. Cookies are anonymous and are under no circumstances used to collect personal data, but only for connection and statistical purposes.
Allomonsite.com keeps track, via these cookies, of connections to the Site and their origin. They are used for statistical analysis purposes and are subsequently destroyed.
Article 8: Advertising
8-1 The Member acknowledges that all advertisements displayed are addressed to the Member.
8-2 The Member acknowledges that he/she does not use any anti-advertising system Allomonsite may permanently exclude members who use such tools.
Article 9: Evidence
The Member and Allomonsite.com mutually agree that Allomonsite.com's computer systems and files shall be deemed authentic between them.
Consequently, the computer files and registers stored within the computer systems operated by Allomonsite.com under reasonable conditions of security and reliability, may be validly used and produced as proof of the execution of the Contract, and more generally of any event, communication or relationship occurring between the Parties in connection with the use of the Site by the Member.
Thus, Allomonsite.com may validly produce in any proceedings, for the purposes of proof of any act, fact or omission, the data, files, programs, recordings or other elements, received, issued or stored by means of the aforementioned computer systems, on any digital or analog media, and rely on them, except in the case of manifest error.
Article 10: Minimum technical requirements
The Member acknowledges that he/she has the necessary skills and means to access and use the Site.
To access and use the Site, the following minimum configuration is required:
- The Site is optimized for a screen resolution of 1024 X 768 pixels,
- For Internet Explorer 9, Firefox 13, Chrome 20 and Safari 5 browsers.
- An Internet connection.
To this end, the Member acknowledges that he/she has verified that his/her computer configuration is adequate, virus-free and in good working order.
The equipment (computer, cell phone, software, telecommunications means, etc.) used to access the Site and the Service are the exclusive responsibility of the Member, as are the telecommunications costs incurred by their use.
Article 11: Jurisdiction and applicable law
These General Terms and Conditions of Sale are governed by French law, both in terms of form and substance.
The courts within the jurisdiction of Allomonsite.com's registered office shall have exclusive jurisdiction over any dispute relating to the Contract, including but not limited to any dispute relating to its validity, interpretation, performance and/or termination and the consequences thereof.