GENERAL CONDITIONS OF USE
Introduction
These Terms of Use only apply to the entire contents of the present website under the domain: uk.confirmeo.com
These Terms of Use are the property of Confirmeo. Consequently, and without limitation, any dissemination, exploitation, representation, reproduction or use, whether partial or total, on any medium, of these Terms of Use, other than for strictly personal purposes, requires Confirmeo's prior authorisation. Failure to obtain such authorisation shall render the infringing party liable to criminal and civil prosecution.
We ask you to carefully read the Terms of Use below before participating with Confirmeo, as a Confirmeo Member, in the development of a responsible and high quality site. In becoming a Member of Confirmeo, you undertake to comply with these Terms of Use. If you do not accept these Terms of Use, you should not register with Confirmeo. Registration for one or more Services, as well as use of this site, implies full and complete acceptance of these Terms of Use by the Member. By checking the box containing the words "I have read the Confirmeo Service Terms of Use", located at the bottom of the registration page, in order to confirm registration, the Member acknowledges that he/she is bound by all clauses of the Terms of Use.
The list of words below, which start with a capital letter, have been defined for the purposes of these Terms of Use as follows:
"Member(s)" refers to the any or all validly registered users of the Confirmeo Service who have or have not paid to use Confirmeo.
"Terms of Use" refers to this contract.
The rights of use accorded by Confirmeo to the Member are strictly limited to accessing, downloading, printing and reproduction on all media (hard disk, floppy disk, CD-ROM, etc.) and to use of these documents for private and personal purposes in the scope of and for the duration for of the Member's membership with Confirmeo. Any other use by the Member is prohibited without the authorisation of Confirmeo.
In particular, the Member is prohibited from modifying, copying, reproducing, disseminating, transmitting, exploiting for commercial gain and/or distributing in any form whatsoever the Services, the Confirmeo site pages or software codes for elements comprising the Confirmeo Services and site.
The Member grants Confirmeo a licence to use the intellectual property rights attached to the content provided by the Member for the purpose of broadcasting on the Confirmeo Site.
The Member expressly authorises Confirmeo to modify this content in order to conform to the look and feel of the Confirmeo Services and/or other communications media above, and/or to make this content compatible with its technical processes or appropriate media formats. These rights are awarded on a global basis for the legal duration of the rights awarded, under French and foreign law, as well as current and future international conventions including any extensions that might eventually be agreed to this duration. The Member is prohibited from copying, reproducing or otherwise using for any purpose the content relating to other Members, except for the explicit requirements for usage of the Services for the Member's own strictly personal and private purpose.
The Member must have the skills, hardware and software required to use the Internet or, as appropriate, Internet, telephone and Audiotel Services, and acknowledges that the characteristics and constraints of the Internet mean that the security, availability and integrity of Internet data transmissions cannot be guaranteed.
Confirmeo does not guarantee that the Services will be usable if the Member's Internet Service provider is unable to provide its Service properly. In this context, Confirmeo cannot be held responsible for the non-functioning, non-availability or adverse conditions of usage of the Confirmeo site resulting from incorrect hardware, problems experienced by the Member's Internet Service Provider or blockages on the Internet networks or for all other reasons outside the sphere of influence of Confirmeo. Moreover, due amongst other things to the specifics of their Internet browser, Members who are AOL users may encounter problems making Confirmeo function properly.
Under these conditions, Confirmeo does not guarantee that the Services shall function without interruption or error. In particular, the use of this Site may be interrupted at any time for the purposes of maintenance, updates or technical improvements, or to develop its content and/or presentation. Whenever possible, Confirmeo shall inform its Members prior to maintenance work or updates.
The information supplied by a Member of Confirmeo must be accurate and conform to reality. The consequences of disclosing information on the life of the Member or of other Members are the sole responsibility of the Member concerned. It is the Member who takes the initiative to divulge and disseminate via Confirmeo personal information, data, text, content and images. Consequently, he/she waives all recourse against Confirmeo, notably on the basis of any possible damage to the Member's right to his/her image, the Member's honour and reputation, or the Member's privacy, resulting from the dissemination or revelation of information concerning the Member under the conditions foreseen by this agreement, in particular by Article 5 "Personal Privacy and Protection of Member Data", since the Member has given his/her prior, free and express consent to such revelation through his/her registering with the Service and in application of these Terms of Use.
Confirmeo cannot be held liable for (and the consequences of) the accuracy or inaccuracy of the information and content provided by other Members, site visitors and/or the Member himself/herself. Correspondingly, Confirmeo cannot be held responsible for content distributed by a Member that might contravene the rights of one or more other Members or third parties.
The quality demanded of the Confirmeo meeting Service by both Confirmeo and its Members necessitates compliance with certain ethical standards in Members' expression and behaviour, respect of third parties' rights, and compliance with applicable laws and regulations. In the scope of this requirement for quality, individual responsability and ethics, Confirmeo allows Members to notify Confirmeo, on the Confirmeo site, the data (photograph, text, video), behaviour or words of a Member which seem to them to infringe applicable laws or regulations, the image or the purpose of the Confirmeo Service, the rights of any third party, or general good standards. Consequently, Members acknowledge and accept that the data they provide, as well as their behaviour and words on the Service, may be notified by other Members, moderated and/or monitored by Confirmeo, on the basis of objective assessment criteria. Where such notification or monitoring reveals a breach by a Member of any applicable laws or regulations or of his/her contractual obligations, the provisions of these Terms of Use, in particular the Article "Termination", may be applied.
In the case where the responsibility of Confirmeo is pursued due to a breach by a Member of his/her obligations as defined in the scope of the law or by these present Terms of Use, the Member undertakes to protect Confirmeo against all claims or damages against Confirmeo, including full indemnification for any costs that might be incurred including lawyers' fees and court costs.
Confirmeo can supply or third parties may include hypertext links to other websites other than the Confirmeo site and to Internet sources. As Confirmeo is unable to supervise these external sites and sources, it cannot be held responsible for the availability of these external sites and sources, and cannot be responsible for their content, advertising, products, Services or any other element made available on or from any of these external sites or sources. Any difficulty relating to a hypertext link must be submitted to the administrator or webmaster of the site to which it pertains. It should, furthermore, be noted that the consultation and/or utilisation of these external sites and sources are governed by their own Terms of Use.
Finally, if during the scope of a search performed on the Confirmeo site where the result of this search would point the Member to access sites, pages or forums of which the content and/or purpose constitutes a violation of the French law, the Member is required to cease consultation of the site concerned in order to avoid being held responsible for such violation.
Confirmeo can be held responsable by a Member only where certain and definitive proof is adduced before the courts demonstrating a wrongful act committed by Confirmeo having caused that Member damage.
In this regard, Confirmeo shall in no circumstances be liable for direct or indirect damage to the Member where the Member's behaviour contributed to the occurrence of the damage he/she claims to have suffered. By way of illustration, Confirmeo shall not be liable for direct or indirect damage suffered by the Member in the event of non-performance or incorrect performance of these Terms of Use by the Member.
A Member may at any time and without the need to provide any reason end his/her registration with Confirmeo by requesting the closure of his/her account in the area of the Confirmeo site designated for such purposes. Such request shall be deemed effective from the first working day after receipt by Confirmeo of the request for closure of the account concerned.
Without prejudice to the other provisions hereof, where the Member commits a serious breach, Confirmeo will terminate the Member's account without prior notification or warning. Such termination shall have the same effects as a termination by the Member.
Without prejudice to the other provisions hereof, where the Member commits a breach, Confirmeo will terminate the Member's account seven (7) days after having sent to the Member an email requesting unsuccessfully that he or she comply with these Terms of Use.
Such termination shall take effect without prejudice to any damages that Confirmeo might claim from the Member or his/her beneficiairies and legal representatives, in compensation of the harm suffered as a result of such breaches.
The Member will be informed by email of the termination, or the confirmation of the termination, of his/her account. Data relating to the Member will be destroyed at his/her request or upon expiration of the legal time period following the termination of the Member's account.
These Terms of Use, and the pages on the Confirmeo site to which these terms refer, constitute a contract that governs the relationship between the Member and Confirmeo UK. They cancel and replace any conditions that may have been agreed to in the past, even if not directly withdrawn or amended, and constitute the entirety of the rights and obligations of Confirmeo and of the Member.
If any of the provisions of these Terms of Use is declared void in application of a law, a regulation, or a final decision of a court having proper jurisdiction, all other provisions shall remain fully in effect. Furthermore, failure by a Party to take action in respect of the breach by the other Party of any provisions of these Terms of Use, shall not be interpreted as constituting a waiver by said first Party of the right to take action in future in respect of such a breach.
Confirmeo may modify these Terms of Use at any time. The Member will be informed of the nature of these modifications as soon as they are posted on the Confirmeo site. The modifications shall take effect one month after their posting on the Site.
These Terms of Use shall be governed, construed and applied in accordance with French law, and in the event of dispute as to the meaning of a term or provision of these Terms of Use the language of interpretation shall be French. Subject to mandatory public order rules applicable to court jurisdiction, only the courts of Paris shall be considered competent for all litigation relating to these present Terms of Use, inclusive, without this list being limiting, and to their validity, their interpretation, their execution and/or their termination and the consequences thereof.
The equipment (computer, software, telecommunications systems, etc.) used to allow access to Services shall be the responsability of the Member, as shall the telecommunications costs incurred by its use.
In order to become a Confirmeo Member it is necessary: to register and suscribe to Services under the Terms of Use that are listed on the Confirmeo website of the country where the Member resides.
When the conditions required for registration are met, each Member will have one identifier and one password, according to the different Services with which the Member is registered. This identifier and password are strictly private and confidential and must not be passed on or shared with any third parties.
If a Member disseminates or uses these elements in a manner deemed contrary to its original purpose, Confirmeo will terminate the Member's Account.
The Member shall be solely liable for the use of this identification information by third parties or for the actions or statements made through the Member's account, whether these be fraudulent or not. The Member holds Confirmeo harmless against all claims of this kind. In addition, as Confirmeo does not have the obligation or the technical means to check the identity of every person registered with its Services, Confirmeo is not liable in the event a Member's identity is used by someone else. If the Member has reason to believe that a person is using his or her Member identification information or account, he or she must inform Confirmeo immediately.
When a Member wishes to sponsor a friend and provides Confirmeo with the contact details of that friend, such Member must have obtained the prior consent of this friend for Confirmeo to process his or her data that will be used solely in order to address an electronic message informing him/her of Confirmeo and its Services. This message is addressed in the name and in the account of the Members having provided Confirmeo with their personal data. In such a case, the Member supplies such information freely and voluntarily and under his/her sole responsability.
Confirmeo has no legal obligation to identify Members when they connect to the Confirmeo Internet site or to monitor content published by Members. Because Confirmeo is technically incapable of providing such Services, Confirmeo does not undertake contractually to identify Members or to moderate in respect of content which they publish under their own responsibility. Confirmeo cannot be held liable for false declarations made by a Member.
The provisions of this Article shall apply without prejudice to the Article "Termination".
When using the Services, the Member undertakes in particular to comply with contract law, the rights of third parties and these Terms of Use.
The Member has the following General Obligations:
* To act fairly in respect of Confirmeo and other Members.
* To respect the intellectual property rights relating to content supplied by Confirmeo and by other Members.
* To understand that he/she alone defines the boundaries of his/her privacy and that it is his/her responsibility only to communicate to Confirmeo and to other Members such personal information the dissemination of which he/she considers cannot cause him/her any harm.
The Member has the following Essential Obligations:
* Not to make comments, propagate or disseminate in any form whatsoever content that contravenes the rights of others or that is defamatory, injurious, obscene, offensive, violent or inciting to violence, political, racist or xenophobic and, in general, any content that is contrary to the purpose of Confirmeo, current rules and laws in force or acceptable norms and standards. In particular, photographs, videos and any other information in terms of data or files supplied by a Member of Confirmeo must be decent and refer exclusively to the Member or to a third party from whom the Member has expressly obtained consent and are the sole responsability of the Member concerned.
* Not to post, disseminate, or broadcast in any form whatsoever information or content that has the effect of diminishing, disorganizing or preventing normal usage of the Services, or of interrupting and/or slowing down normal circulation of communications between Members through the Services, such information comprising, for example, software, worms, viruses, software bombs, mass mailing, etc. Confirmeo reserves the right to delete messages sent in mass mailings by a Member in order to maintain the quality of use of the Services provided to its Members.
* Not to post, disseminate, or broadcast in any form whatsoever information or content that incorporates links to third-party websites that are illegal in character, contrary to what is generally acceptable and/or not in accordance with the principles of Confirmeo.
* To use his/her password and/or ID only for his/her purpose of authentification for the Services. In this regard, the Member must not, without limitation, communicate, disseminate, share or make accessible, in any way, his/her passwords and/or IDs to any third party.
* To ensure that the personal data of his/her entourage is communicated legally and without risk of harm. The Member must thus obtain the prior consent of Members of said entourage to receive, on the Member's behalf, an email from Confirmeo.
* To use the Services in accordance with the purpose set out in these Terms of Use.
Failure to comply with the Essential Obligations as set out above shall contitute a serious breach by the Member of his/her obligations. Without prejudice to the provisions of the Article "Termination", Confirmeo shall, where the Member fails to comply with one or more of these Essential Obligations, be entitled to terminate the contract and will definitively delete the account of the Member concerned.
Some information, comments or content (photographs or video) that the Member optionally provides may possibly, under the responsibility and on the initiative of the Member concerned, reveal the ethnic origin of the Member, his/her nationality, religion and/or sexual orientation. By providing such information, all optional, the Member concerned manifests his/her intention and, consequently, expressly consents to, and takes sole responsibility for, the processing of this mentioned "sensitive" data by Confirmeo, and freely takes the exclusive responsibility.
Personal information gathered by Confirmeo can include your name, postal and/or email address, fixed line and/or cellular phone number and your use of the Service.
Furthermore, certain non-personal information are also gathered, such as the version of the Member's and any other visitor's web browser (Netscape, Internet Explorer, etc.), the operating system (Windows 98, Mac Os, etc.) and the IP address of the computer from which they are visiting.
Finally, Confirmeo uses cookies, designed to store information used to identify the Member while he/she is browsing on the Confirmeo Internet site, in order to allow the Member to continue browsing without having to re-enter this information for each new page. The Member always has the option of preventing the use of cookies by modifying the options of his/her web browser. To obtain further information about this, please refer to the browser-specific advice on option modification, which is accessible on the "Your Traces" ("Vos Traces") section of the website of the French data protection authority (CNIL): www.cnil.fr.
The information gathered about you when you register with Confirmeo and subscribe to our Services is used to offer you our different Services. All precautions have been taken on our databases to archive your information in a secure environment.
Confirmeo may occasionally share general socio-demographic information that does not include names with selected partners to allow them to target their announcements (by age category, gender, etc.). In this case, we will not send these partners any information that would allow them to identify you.
