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Create your company account or Login to your accountGeneral Terms of Use of the “www. yummeet.com” Website and the corresponding service
These General Terms of Use (hereinafter, the “Terms of Use”) govern the relations between:
The LIME Company, a corporation under French law, with head offices located at 18 Avenue de l’Opéra 75001 Paris, France, registered with the Trade and Companies Register under number 533 439 212 RCS PARIS which operates the “www.yummeet.com” site;
Hereinafter “LIME”,
On the one hand,
AND
Users of the Website referenced as “www.yummet.com”, as self-identified upon the creation of their account on the aforementioned Site,
Hereinafter, jointly or singly, the “Members” or the “Member”, the “Subscriber” or the “Subscribers”.
On the other hand.
Preamble
LIME operates an Internet platform dedicated to culinary & hospitality professionals accessible through available technologies, and particularly through the use of a computer or mobile terminal, at the www.yummeet.com address, allowing Members as individuals and Subscribers as companies, to create and publish on line, under certain conditions, their professional profiles, specifically to develop their professional network, find professional opportunities, exchange ideas, publish news, particularly by contacting other Members or Subscribers, the above being directly related to their professional activities. The above activities being directly related to the culinary & hospitality area (hereinafter, the “Site”).
To this end, the Site offers previously registered users the “Members” as individuals, a certain number of functionalities, dedicated solely to the development of his/her network and his/her professional activity (hereinafter, the “Service”). These functionalities are available free of charge.
The functionalities offered at a cost are reserved to the companies said “PRO” (Companies & Brands and Suppliers) who have chosen to subscribe to those services (hereinafter, the
“Subscribers”) and thus accept the Special Terms of Sale presented when registering for the PRO subscription (hereinafter, the “PRO Subscription”).
Moreover, all Subscribers are ipso facto Members and therefore accept these Terms of Use.
By accessing the Site and registering prior to using it, as described in Article 1 hereunder, Members or Subscribers acknowledge that they meet the requirements to become Members or Subscribers, as defined in Article 1.1 hereunder, that they have read these Terms of Use, and that they agree to abide by them unreservedly. These Terms of Use consequently constitute a contractual agreement (hereinafter, the “Contract”) between each Member and LIME.
Access to and the use of certain Site functionalities may also be subjected to Special Terms of Sale and to recommendations, which form part of this Contract, which the Member or the Subscriber commits to reading and complying with at all times. These Terms of Use, along with these other documents and the Service and PRO Subscription Registration Forms, are hereinafter known, jointly and separately, as the “Contractual Documents.”
Should a Member refuse to comply with any of the obligations and conditions contained in these Terms of Use or in any of the other Contractual Documents, he/she shall be invited not to access the Site nor to use it.
Article 1. Registration to the Service
1.1. – Membership or Subscriber
To become a Member or Subscriber, the user must have reached the legal age of majority and/or have the capacity to enter into an agreement under the law, and to have accepted these Terms of Use unreservedly.
Considering the nature and finality of the Site and Service, he/she must also be acting as a professional, for the purposes of his/her professional activity, and commits to use the Site and Service solely for his/her professional
1.2. – Mandatory registration prior to access to the Service
To be able to use the Service, Members or Subscribers must first register by completing the Registration Form, accessible online at the Site (hereinafter, the “Form” or “Registration Form”).
By completing this Form, the Member or Subscriber acknowledges having read these Terms of Use and accepts abiding by them unreservedly.
By completing the Registration Form, the Member or Subscriber guarantees LIME he/she has provided exact, truthful, current and complete information concerning his/her identity professional activity and personal data. He/she specifically commits to provide an effective electronic address he/she owns. He further undertakes not to create a false identity likely to mislead LIME or third parties and not to impersonate any other person.
If he/she is not acting on his/her own behalf, he/she guarantees he/she is acting on behalf of a physical or moral person who meets the above conditions, whom he/she legally represents or from whom he/she has been granted an explicit mandate to enter into an agreement with LIME, and who has allowed him/her to provide the information required to use the Service, under the conditions defined herein.
The Member or Subscriber commits to update all information concerning him/her regularly in his/her profile, to preserve their accurateness, in his/her own interest, considering the purpose of the Service. Each Member or Subscriber may, at any time, modify the data concerning him/her which he/she deems useful or necessary, by clicking on the “Edit” and “Update” links accessible in the various sections of his/her profile, including those data concerning his/her registration data, through the “My Account” section accessible from his/her profile.
The Member or Subscriber is herby informed that LIME may verify Registration Forms completed over the Site and reserves the right to suspend the provision of the Service to any Member or Subscriber whose registration mode should violate these Terms of Use, under the conditions set forth in Article 6 hereunder.
Should a Member or Subscriber provide false, improper, expired or incomplete data, LIME reserves the right to suspend or terminate the Contract and his/her account, and to refuse him/her future access to all or part of the Service, under the conditions set forth in Article 6 hereunder.
Should a Member or Subscriber violate applicable laws, and particularly criminal laws, or those laws intended to protect third-party rights, or should his/her conduct harm a person’s interests, whosever this may be, including LIME or any company with a legal relation to LIME, or prejudice another Member’s or Subscriber’s use of the Service, LIME reserves the right to suspend or terminate the contract and his/her account, without prior notice, and to refuse him/her future access to all or part of the Service, under the conditions set forth in Article 6 hereunder.
Under no circumstance shall LIME be held liable by users or third parties for any error, omission, or inexactness which may arise in the information provided by a Member or a subscriber.
1.3. – Member and Subscriber account and password
The Member or Subscriber commits to create only one account for his/her profile.
Each Member may receive, as part of the registration process, at the electronic address provided by him/her at the time of his/her registration, an e-mail for the purpose of activating his/her account. In this case, the Service will only be fully accessible once the Member or Subscriber has fully completed the activation process indicated in said email.
The login and password chosen by the Member or Subscriber at the time of the registration allows access to the Service. These data are confidential and maintaining the confidentiality of the password assigned to the Member or Subscriber is solely the responsibility of the latter.
The Member or Subscriber is solely liable for any use which might be made of his/her login and password, even if he/her pre-register it on his/her computer, cell phone or any other kind of equipment allowing, the automatic connection to the Site and any access and use of the Service and any data transmission. The Member or Subscriber is the sole guarantor of their confidentiality and of any use made of his/her account. Consequently, the Member or Subscriber undertakes to keep his/her login and password secret and not disclose them any form whatsoever. The Member or Subscriber shall ensure that he/she clearly disconnect himself/herself after each use of the site, especially when he/she accesses the service from a public computer.
The Member or Subscriber shall inform LIME immediately of any unauthorized use of his/her account, and of any breach of the confidentiality and security of his/her identification means, or if one of the identification information of the Member or Subscriber is lost or stolen, by completing the contact form available on the Site when you click « Contact » in the footer.
Should LIME have legitimate reasons to believe that the Service’s security has been violated or that the Service is being used improperly due to an unauthorized use of the Member's or Subscriber ‘s identification means, it may temporarily suspend the account, in order, among other points, to preserve the integrity of the Site and data, and, should it seem appropriate, require the modification of said identification means. Should the Member wish to modify his/her identification means, he/she need only to access the Site and modify his/her parameters under the “update” section of his/her profile.
Should a third party have acquired his/her identification means through the Member’s or the Subscriber ‘s error, the said Member or Subscriber shall bear sole liability for any use of these identification means and the use made of the Service as a consequence thereof. The Member or Subscriber will be solely responsible for any use of such means of identification and use of the Service made accordingly. Furthermore, any loss, misuse or unauthorized use of login and password of a Member or Subscriber and their consequences shall be the sole responsibility of that Member or Subscriber.
Under no circumstance shall LIME be held liable for any loss or damage resulting from a Member or Subscriber‘s failure to comply with his/her obligations, as stated in this Article.
LIME reserves the right to deactivate the account of a Member or a Subscriber after a period of total inactivity of said account equal to or greater than six (6) months. However, the Member or Subscriber may reactivate his/her account within thirty (30) days of said suspension.
In the event of a Member or Subscriber’s death, and upon production of the applicable support documents, the account will be deactivated. Its contents shall only be forwarded to the Member or Subscriber’s beneficiaries following a court ruling.
Article 2 – Use of yummeet.com
Subject to compliance with the registration conditions set forth in Article 1 and the minimum required technical configuration set forth in Article 8, Members or Subscriber may use the Site’s free functionalities.
The Subscriber as PRO (Companies & Brands and Suppliers) may also take one or more of the PRO Subscriptions offered by LIME.
The price of the PRO Subscriptions may be consulted on line on the Site, within the Subscription Page pertaining to each PRO Subscription, as well as upon request to LIME, sent to LIME 18 avenue de l’Opéra 75001 Paris, France.
Functionalities offered as part of the various PRO Subscriptions, as well as prices, are mentioned in the “How does it work?” section.
Generally, Members or Subscriber shall refrain, when using the Site, from committing acts of whatever nature, such as the issue, publication, uploading or distribution of data and/or contents which are against the law, undermine the public order, or violate the rights of LIME or of third parties.
Specifically, when using the Site, Members or Subscriber shall abide by the Site’s rules, which include but are not limited to the following:
· Communicating exact information upon their registration and when using the Site;
· Not using false identities intended to deceive others;
· Not creating an account for another person without his/her authorization;
· Not creating several profiles or personal accounts, the Member or Subscriber pledging to create a single account corresponding to his/her profile;
· Not divulging his/her password and not allow someone to access his/her account or do anything so that might compromise the security of his/her account;
· Not asking for login information and do not access an account belonging to another Member or Subscriber;
· If LIME deletes the Subscriber or Member's account, do not create another profile without the prior permission of LIME;
· Abiding by applicable laws and respecting the rights of others, and complying with these contractual stipulations;
· Using the Site in a legitimate manner, exclusively in accordance with its professional purpose, and in accordance with the applicable legal and regulatory provisions and with current practices;
· Respecting the intellectual property rights pertaining to the contents provided by LIME and by other Members or Subscribers, as well as the property intellectual rights of third parties; therefore, each Member or subscriber shall refrain from reproducing and/or communicating to the general public, through the Site, one or more contents without the authorization of the holders of the rights to said pertaining contents, when such authorization is required;
· Not diverting or attempting to divert any of the Site’s functionalities from its normal use, as defined herein;
· Do not download to the site viruses, Trojan horses or other destructive or harmful code
designed to intercept or divert data without authorization, or for control, interrupt, destroy or limit the normal operation or functionality of any software, computer , server or electronic communications tool, without this list being exhaustive;
· Not overloading the Service in any manner whatsoever. Specifically, Members or Subscribers shall refrain from downloading more than 2,000 pages (or 2,000 “GET”) from the www.yummeet.com site in a single day without LIME’s prior written authorization;
· Not using a robot software or any equivalent automated process or tool when browsing the Site or using the Service;
· Committing to communicate to LIME and to other Members or Subscribers only information the distribution of which, in their opinion, shall under no circumstance harm themselves, other Members or Subscribers, LIME, or third parties;
· Refraining from distributing information or contents which do not conform to reality;
· Not distributing data, information or contents of a slanderous, insulting, obscene, offending, violent character or violence-inciting nature, or of a political, racist or xenophobic nature, and generally, any contents which might be contrary to applicable laws and regulations or to public decency;
· Not distributing data, information or contents intended to reduce, disorganize or hinder the normal use of the Site, or to interrupt and/or slow down the normal flow of communications between Members or Subscribers;
· Not using the Service for mass-mailings of unsolicited messages (advertising or other);
· Not collecting information regarding third parties, including electronic addresses, to be used to send commercial or equivalent solicitations, or to be integrated within a referencing or equivalent service, whether free or against payment, or to be used in the conduct of a competition watch;
· Not using his/her free Member ou Subscriber profile (individual) for commercial purposes (this action is authorized for the “ Company & brand and Suppliers”;
· Not using the Service, whether directly or indirectly, to offer sweepstakes and contests or to implement practices assimilated to “pyramid” sales or services, or any other similar process, particularly those consisting in offering goods to the public and enticing them to expect to receive these free of charge or in exchange of remuneration which is lower than their real value, and conditioning the goods’ obtainment to the selling of tickets or other such instruments to third parties or to the gathering of subscription or registration of new purchasers;
· Not offering to a third party to gather memberships or to subscribe to a list by demanding from said person the remittance of any remuneration and by enticing her to expect financial gains resulting from an increase in the number of people recruited or registered rather than from the sale, provision or consumption of goods or services;
· Refraining from participating, whether directly or indirectly, in setting up or developing a network seeking to implement practices assimilated to network sales (Multi-Level Marketing - MLM), the recruitment of members, affiliated members or Independent Home Salespersons (VDI), to constitute such a network or other similar practices.
· Not permitting nor encouraging any Infringements to the aforementioned terms of use.
In case of a Member or Subscriber’s breach of one or more of these rules, LIME reserves the right to suspend and/or terminate the Contract unilaterally, to block said the account(s) of the Member(s) or Subscriber(s) involved, to delete the litigious messages automatically, to prevent the publication of all or part of the profile of the Member(s) or Subscriber(s), and/or to block his/her/their access to all or part of the Service, whether temporarily or definitively, without compensation, as set forth in Article 6 hereunder.
Members or Subscribers may report any behaviour or content on the Site, which is evidently contrary to the aforementioned rules, describing it and its location on the Site, as specifically as possible, by sending a message by clicking on the “Contact” links accessible in footer or on the “«Report abuse» link. Members or Subscribers are hereby informed, however, that any abusive description may itself be punished in accordance with the applicable regulation.
Article 3 - Communication and sharing spaces
LIME offers, on the Site, spaces for communication and sharing, classified under various sections, which are likely to evolve with the Site.
Members or Subscribers may upload data, information and, more generally, contents and exchange information as part of these spaces or on their profile, in strict compliance with the law and these Terms of Use.
However, should LIME be duly informed that obviously illicit contents were distributed on the Site, It may be forced to delete such contents without prior notification to the Member or Subscriber who provided said contents.
Article 4 - Confidentiality and personal data
This article applies only to the Site and the Service of LIME and does not apply to Third Party Sites (as defined below in section 7.2) for which LIME invites Members and Subscribers to consult the general and particular terms relating thereto in order to be aware of the conditions dealing with the collection and processing of personal data concerning them.
4.1. – Personal data
Personal data concerning the Members or Subscribers are stored by LIME on its servers, on its servers hosted [In France] by the [**] company, to be processed as part of the use of the Service.
LIME processes Members or Subscribers’ personal data, which it has gathered in accordance with the “Safe Harbor Provisions” proposed by the Federal Trade Commission and by the European Union, to which it subscribes (declaration N° 1571583v0) and, in accordance also with the applicable legal and regulatory requirements, especially the Law N°78-17 of 6 January 1978 ,amended by Law N° 2044-801 of 6 August 2004 relating to data processing, files and personal freedom and privacy and the order N°2011-1012 of 24 August 2011 concerning electronic communications.
All personal data provided by a Member or Subscriber when using the Site and Service are collected legally and fairly by LIME. Their purpose is the use of the Site and the provision of the Service, and they may therefore be used by LIME to this end. Any use of data made for purposes other than those addressed in these Terms of Use or in the Privacy Policy will need an express agreement of the Member or Subscriber.
Specifically, each Member or Subscriber is informed of the fact that the data concerning him/her may be used by LIME to offer him/her the opportunity of contacting other Members or Subscribers, selected in function of said data, which are not communicated to such Members, other than those accessible through the public profile, and are therefore used for this purpose exclusively by LIME. Each Member accepts this use of his/her data.
The Registration Form found on the Site allows the Member or Subscriber to subscribe to the Site and Service by revealing to LIME certain personal data concerning him/her.
The mandatory or optional nature of the communication of the requested data is mentioned on the Form for each field. Where the communication of the data is mandatory, failure to disclose it will result in the Member or Subscriber’s registration application not being processed.
LIME does not communicate the personal data of Members or Subscribers to third parties, except for the data found on each Member or Subscriber’s public profile, in accordance with the Member or Subscriber-determined parameterization and to the purpose of the Site and Service, and of those cases where the communication of such data is required by applicable laws, particularly at the request of the legal authorities. At the request of the judicial authorities, LIME will be able to forward the Member or Subscriber’s IP address, to enable the latter to be identified in cooperation with his/her internet service provider.
LIME shall take the necessary measures to ensure that personal data collected on the Site are not lost, embezzled, viewed, modified or divulged by unauthorised third parties. Personal data communicated by the Member or Subscriber will be destroyed five (5) years after his/her last connection to the site or when the contract expires, on the express request of the Member or Susbscriber.
The Member or Subscriber have the right to access, rectify and delete personal data concerning them and processed over the Site, and oppose their communication to third parties for justifiable cause.
The Member or Subscriber may exercise these rights by contacting LIME by clicking on the “Contact” links in the footer or by writing to the following mail address: LIME, 18 Avenue de l’Opéra, 75001 Paris.
4.2. – Cookies
The Site uses “cookie” technology. Cookies are especially useful to facilitate the personalization of the Member or Subscriber’s access to the Service.
Specifically, the Site contains a connection cookie allowing Members or Subscribers who so wish to access the Site repeatedly without having to identify themselves each time. To do so, the Member or Subscriber must tick the checkbox corresponding to “Keep me logged in”, found in the “Log in” window which appears when a new connection to the Site is made. By clicking it, Members or Subscribers activate this cookie, which lasts three months, and may thereafter access the Site repeatedly during this time without having to identify themselves. Members or Subscribers are hereby informed that, in this case, other users of their computers may access their profile’s management interface and account, since prior authentication is no longer required.
Should LIME also set up a targeting system that enables to create users ‘profiles in order to send targeted advertisements to Members and Subscribers, coming from LIME or its partners. It is stated that this targeting advertising is made from anonymous navigation data, not linked to an IP address, and which treatment is purely statistic. Under this system, LIME has the potential to use cookies and anonymous identifiers in order to know navigation data of Members and Subscribers on the partners’ websites. In accordance with the applicable legislation, the Member or Subscriber will be informed of the purpose of the cookie and if he/she accepts that a cookie is installed on his/her computer equipment at the moment oh his/her subscription to the service, prior to its installation. It is stated that the cookies collected within this system will be so for a maximum period of one year.
The Members or Subscriber who have agreed but no longer wished benefiting from this type of targeting has the right to opt out at any time by clicking « Contact » in the footer or by writing to: LIME, 18 avenue de l’Opéra, 75001 Paris.
He/she will also be able to ask his/her subscription (or renewal) to this tartgetting at any time and with the same procedure.
Generally, cookies are harmless to the Member or Subscriber’s computer.
The Member or Subscriber may accept or refuse the cookies by configuring his/her browser including cookies linked to the Service, or to be informed when cookies are sent. As each browser is different, the Member or Subscriber should consult his/her system browser help to set it to his/her own convenience. Should be recalled that some services may not work properly if the Member or Subscriber turn off cookies.
Should be recalled that Member or Subscriber exercising his/her right to opt-out might eliminate the data concerning his/her unsubscribe by deleting all the cookies of his/her computer equipment. It is therefore up to the Member or Subscriber to regularly delete cookies posted on his/her equipment by using his/her browser options in order not to receive targeting advertisings from LIME or its partners.
The cookies are anonymous and under no circumstance do they gather any personal data; the only data collected are for connection and statistical use. LIME keeps track, through these cookies, of connections to the Site, and specifically of their origin. This use is made for statistical-analysis purposes, and the data are destroyed thereafter.
Article 5 - Intellectual Property
5.1. – LIME’s intellectual property rights
LIME owns the Site, both its technical components and its graphic, textual or other components, subject to the sole reservation of those contents provided by the Members or Subscribers themselves and of third-party advertisement. More specifically, both the Site and the Service are provided through software and databases designed and developed by LIME, which belong to it, or over which it holds intellectual property rights.
The contents placed on line at the Site by LIME also belong to LIME, subject to the aforementioned reservations. LIME is therefore the sole holder of all intellectual property rights pertaining to the Service, the Site, its contents and the software and databases which ensure its operation, and use of the Site or Service does not grant the Members or Subscribers any right over any of these elements, subject to the rights pertaining to the contents provided by the Members or Subscribers themselves and to the advertisement provided by third parties (Cf. Article 5.3 hereunder).
Acceptance of these Terms of Use shall be deemed the Member or Subscriber acknowledgement of LIME’s aforementioned intellectual property rights and his/her commitment to respect them.
Any improper or abusive use of the elements of LIME’s intellectual property rights, will entitle the latter to initiate any legal way to stop the infringement of its rights.
5.2. – User’s license of the Site and Service
The Member or Subscriber agrees not to access the Service by any means other than the interface of the Site that LIME provides for this purpose.
LIME grants the Member or Subscriber a non-exclusive, personal and non-transferable license allowing him/her to use the Site and Service, as well as the data they contain, for his/her professional use, and for strictly personal purposes, as per these Terms of Use and, in particular, in accordance with the finality of the Site and Service (hereinafter, the “License”).
LIME may revoke this authorization at any time.
Any other exploitation or use of the Site, the Service, their contents and, particularly, of the data they contain is excluded from the scope of this License and may only be made after obtainment of LIME's prior and written authorization.
In particular, no Member or Subscriber, directly or indirectly, can copy, modify, create a derivative works, reverse engineer, disassemble or otherwise attempt to obtain the source code of software associated with the Site (except cases provided by law), sell, assign, sublicense or transfer in any way whatsoever any right pertaining to services or software associated with the site. More specifically, any extraction or reuse, beyond the normal use of the Site, of the data contained on the Site and/or the Service is strictly forbidden to Member or Subscriber.
5.3. – User’s license regarding contents placed on line by Members or Subscribers
The Member guarantees LIME that data, information or contents comply with the law and do not violate the rights of others.
LIME acquires no property right over the data, information and/or contents provided by Members or Subscribers.
By publishing his/her data, information and/or contents on the Site, each Member or Subscriber agrees to their display and availability to the other Members or Subscribers as well as to third parties over said Site, in accordance with the personal parameters registered by each Member or Subscriber in the “Update” section of his/her profile and his/her account. Therefore, each Member or Subscriber allows other Members or Subscribers to consult his/her personal data thus made available through his/her profile and to use them to contact him/her. He/she explicitly accepts this use of his/her profile, which goes to the very essence of the Site and Service.
Solely for the ends of providing the Service, Members or Subscribers allow LIME to reproduce, represent, adapt and translate the contents and data provided by them over the Site, under the conditions defined hereunder:
· LIME is allowed to reproduce all or part of the contents provided by Members or Subscribers on any digital registration support, current or future, and specifically including, but not limited to, on any server, hard drive, whether removable or not, memory card, or any other equivalent support, in any format and using any process, whether currently known and unknown, so far as proves necessary for all storage, back-up, transmission or downloading operation entailed in the Site’s operation and the provision of the Service.
· LIME is allowed to adapt and translate Members or Subscribers’ contents, as well as to reproduce these adaptations on any digital support, current or future, stipulated above, in order to provide the Service, particularly in different languages. This right includes the ability, subject to the respect of the Member or Subscriber’s moral right, to modify the formatting of his/her contents to bring them in line with the Site’s graphic charter and/or make it compatible with its technical performances or applicable formats, in view of their insertion and/or publication on the Site.
The purpose of this authorization is to allow LIME to distribute Members or Subscribers’ contents and data over digital networks and through any communication protocol, and particularly over the Internet, as well as to make them available to the public, in such a way that any person may access them from the location and at the time of his/her own choosing, through the Site, in accordance with the parameterization defined by each Member or Subscriber.
This license is granted for the entire world and for the duration of the Contract binding the Member or Subscriber to LIME.
It is stated that the content and / or integrated data and / or posted via the Site as a Member or Subscriber clears or erases may persist in backup copies of cached copies of the site for a while but they will no longer available.
It is stated that the content and / or integrated data and / or data posted online via the Site that the Member or Subscriber clears or erases may persist in backup copies of the site for a while but they will no longer be available.
Should a manifest violation of intellectual property rights be committed on the Site, the person interested in protecting his/her rights is invited to notify LIME of such a violation, as specifically as possible, by sending an email by clicking on “Contact” section in the footer.
Article 6 - Term and Termination
6.1. – Term
The Contract is agreed to for an indeterminate term, starting from the Member or Subscriber’s acceptance of these Terms of Use.
Each Member or Subscriber may also subscribe to one or more paying PRO Subscriptions offered by LIME and mentioned on the Site, known as “PRO Subscriptions”, for the term corresponding to each PRO Subscription fixed in the corresponding Subscription Page, starting from his/her acceptance of the Special Terms of Sale of the chosen PRO Subscription, subject to any special stipulation contained in the aforementioned Conditions.
6.2. – Termination
6.2.1. – Termination by LIME
The Member or Subscriber expressly acknowledges that LIME has the ability to automatically terminate, without prior notice, without notice and without compensation or justification all or part of the Service provided.
LIME may ipso facto suspend access to the Site and Service immediately, in case of the Member or Subscriber’s non compliance with these Terms of Use. In this case, LIME must notify the Member or Subscriber of this suspension by e-mail, and warn him/her to cease and desist from said violation. Should such notification remain unanswered for eight (8) days, LIME may terminate the Contract ipso facto, without any formality and subject to any damages it might claim as compensation for any prejudice it might suffer as a result of this situation; because of its cause (the Member or Subscriber’s breach), this termination shall entail no repayment of any sums the Member or Subscriber might already have paid for any PRO Subscriptions he/she might have subscribed to.
Furthermore, it is reiterated that, in the event of a manifest violation of the applicable regulation or obligations by the Member or Subscriber, particularly those stipulated in Article 2 hereof, consisting, among others, in the use of the Site for spamming or MLM purposes, or for the distribution of a message, data or information contrary to public order or likely to undermine the rights of a third party (slander, insults, breach of intellectual property rights, denigration, etc.), of any kind whatsoever, LIME may suspend access to the contents in question and/or delete the account of the Member or Subscriber and terminate the Contract, without prior notification.
6.2.1. – Termination by the Subscriber
The Subscriber may terminate the Contract at any time, by accessing the Site and sending a message by clicking on “Contact” section in the footer, subject to the specific stipulations which may appear in the Special Terms of Sale of the Subscriptions.
6.2.3. – Deleting account from the Site
Members or Subscribers may delete their accounts from the Site at any time by following the procedure set forth for this purpose and described hereunder:
1. Log on to the Site and enter your electronic address to log in to your account;
2. Click the "Contact" link in the footer;
3. Send a message stating your wish to unsubscribe;
Should the Member or Subscriber have subscribed to one or more paying PRO Subscriptions, the termination will be effective under the conditions set forth in Article 6.2.4. below.
Within forty-eight hours following this unregistering, which entails the termination of the Contract, all data concerning the Member or Subscriber will be erased from LIME’s databases and the Member or Subscriber will no longer be granted access to the Site or Service.
6.2.4. – Cancelling PRO Subscriptions
Fifteen (15) days before the expiration of the initial term of a PRO Subscription, an email alert will be sent to the Subscriber, offering to renew his/her PRO Subscription. Without any renewal, the PRO Subscription will be suspended at the expiry date. Nevertheless, PRO account data will be kept for a period of five years from the last connection to the Site, period during which the member may at any time reactivate his/her account by sending an email via "Contact" in the footer.
Article 7 – Liability
7.1. – Member or Subscriber’s liability
The Member or Subscriber shall bear all costs related to the hardware and software needed to access the Site and use the Service. It is the Member or Subscriber’s responsibility to take all suitable precautions to protect his/her own data, computer systems and/or software from any contamination by possible viruses.
The Member or Subscriber bears sole liability for the use of the information, messages or data of any kind available through the Service, and under no circumstance may any party other than the Member or Subscriber be held liable for any decision made or action taken by the Member or Subscriber on the basis of this information. Specifically, the Member or Subscriber shall bear sole liability for his/her decision to subscribe to any of the Subscriptions offered by LIME.
The Member or Subscriber shall bear sole liability for the use made of the Service and the Site, and, more generally, for any use or operation made from his/her account and profile.
The Member or Subscriber declares and acknowledges to be aware that the content and data that he/she integrates and / or puts online through the Site, whether it is made ??known to the public or privately transmitted, are his sole responsibility.
Consequently, the Member or Subscriber is responsible for all data and information concerning him/her which he/she has made available on line and for all contents provided by him/her, whether such data or contents are accessible and/or distributed to the public through one of the Site’s communication or exchange spaces or sent to any person by e-mail, or whether they are stored on his/its personal space within the Site.
The Member or Subscriber recognizes that LIME exercises no preliminary check of said contents and data and that it is under no general obligation to monitor the data and contents stored by Members or Subscribers and distributed over the Site.
Therefore, LIME does not guarantee the accuracy, legality, integrity or quality of such content or data.
The Member or Subscriber shall bear sole liability, with respect to LIME and, if applicable, to any third party, for any damages, whether direct or indirect, of any kind whatsoever, caused by any information or any other element of contents communicated, transmitted or distributed by the Member or Subscriber while using the Service, as well as by any breach of this Contract on his/her part.
The Member or Subscriber accepts to submit to any measure implemented by LIME in application of applicable laws.
7.2. – LIME’s liability
LIME commits to provide the Service in accordance with these Terms of Use.
LIME DOES NOT VERIFY THE VERACITY OF THE INFORMATION PROVIDED BY MEMBER(S) OR SUBSCRIBER(S) AND REJECTS ANY LIABILITY RELATED TO THE INACCURACY, UNSUITABILITY OR ILLICITNESS OF SAID INFORMATION.
UNDER NO CIRCUMSTANCE SHALL LIME BE HELD LIABLE FOR THE DATA, INFORMATION AND/OR CONTENTS PROVIDED BY A MEMBER OR SUBSCRIBER, WHETHER OR NOT THIS IS ACCESSIBLE TO THE PUBLIC, FOR THE LACK OF VERACITY OF SAID DATA, INFORMATION OR CONTENTS, FOR THE ERRORS OR OMISSIONS THEY MIGHT INCLUDE, OR FOR ANY DAMAGE RESULTING FROM THE USE OF ANY CONTENTS PROVIDED BY A MEMBER OR SUBSCRIBER, DISPLAYED OR TRANSMITTED BY E-MAIL OR BY ANY MANNERS, THROUGH THE SITE.
LIME HAS NO GENERAL OBLIGATION TO MONITOR THE DATA AND CONTENTS PROVIDED BY MEMBERS OR SUBSCRIBERS, NOR ANY OBLIGATION TO DELETE CONTENTS WHICH MIGHT NOT APPEAR TO BE EVIDENTLY ILLICIT, REGARDLESS OF WHETHER OR NOT IT WAS NOTIFIED OF SAID CONTENTS.
UNDER NO CIRCUMSTANCES SHALL LIME BE HELD LIABLE FOR ANY CONSEQUENCE THAT MIGHT OCCUR IN THE COURSE OR UPON THE COMPLETION OF ANY MEETINGS HELD OR CONTACT MADE BETWEEN SEVERAL MEMBERS OR SUBSCRIBERS OR NON-MEMBERS OR NON-SUBSCRIBERS AS A RESULT OF THE USE OF THE SITE AND SERVICE.
USER ACKNOWLEDGES THAT HIS/HER USE OF THE SERVICE IS AT ITS OWN RISK. THE SERVICE IS PROVIDED "AS IS" AND IS AVAILABLE WITHOUT WARRANTIES OF AVAILABILITY AND REGULARITY.
LIME WILL USE REASONABLE EFFORTS TO MAKE THE SERVICES AVAILABLE 24 HOURS A 24, SEVEN DAYS A WEEK, EXCEPT IN CASE OF force majeure OR EVENT OUT OF LIME’S CONTROL AND SUBJECT TO PERIODS OF MAINTENANCE, POSSIBLE BREAKDOWNS, TECHNICAL PROBLEMS FAULTS, RELATED TO THE NATURE OF THE INTERNET NETWORK OR MALICIOUS ACTS OR ANY BREACH OF LIME’S EQUIPMENT OR SOFTWARE.
UNDER NO CIRCUMSTANCES SHALL LIME BE HELD LIABLE FOR ANY INTERRUPTION OF SERVICE REGARDLESS OF THE CAUSE; DURATION OR FREQUENCY OF THIS INTERRUPTION.
ESPECIALLY BECAUSE OF THE SPECIAL NATURE OF THE INTERNET, THE MEMBER OR SUBSCRIBER ACKNOWLEDGES THAT ACCESS TO THE SITE MAY BE RESTRICTED OR INTERRUPTED AT ANY TIME BY A CAUSE EXTERNAL TO LIME. IN THIS CASE, LIME SARL NOT BE HELD LIABLE.
NOR MAY LIME BE HELD LIABLE SHOULD ACCESS TO THE SITE BE INTERRUPTED DUE TO MAINTENANCE OPERATIONS, UPDATES OR TECHNICAL IMPROVEMENTS, OR DUE TO OPERATIONS INTENDED TO UPGRADE THE SITE’S CONTENTS AND/OR PRESENTATION. FURTHERMORE, LIME MAY INTERRUPT THE ACCESS TO THE SITE AND SERVICE, WHETHER TEMPORARILY OR DEFINITELY, PARTICULARLY IN CASE OF ITS TERMINATION OF THE
ACTIVITY IN QUESTION, OR IN THE EVENT OF ANY COURT-ORDERED OR AMICABLE LIQUIDATION OF THE COMPANY; IN THESE LAST CASES, THIS CONTRACT SHALL BE TERMINATED IPSO FACTO.
UNDER NO CIRCUMSTANCES SHALL LIME BE HELD LIABLE OR DEEMED TO HAVE FAILED TO THESE TERMS OF USE FOR ANY DELAY OR FAILURE WHEN THE CAUSE OF THE DELAY OR FAILURE IS LINKED TO A CASE OF force majeure AS IS DEFINED BY COURT JURISPRUDENCE AND FRENCH TRIBUNALS, INCLUDING GOVERNMENTS MEASURES, HACKERS’ ATTACKS, THE AVAILABILITY OF MATERIALS, SUPPLIES, SPARE PARTS, PERSONAL EQUIPMENT OR OTHERS, THE INTERRUPTION, SUSPENSION, REDUCTION OR ELECTRICITY DISTURBANCES OR OTHERWISE, OR ANY INTERRUPTIONS OF ELECTRONIC COMMUNICATION NETWORKS.
FILE WILL NOT BE LIABLE FOR MORE OR, GOD.
LIME RESERVES THE RIGHT, AT ANY TIME WITHOUT NOTICE, TO MODIFY ANY INFORMATION APPEARING ON THE SITE AS PART OF ITS UPDATE OR CORRECTION OF ERRORS OR INACCURACIES.
INTERNET PAGES OF THE SITE MAY CONTAIN HYPERLINKS DRIVING TO WEB SITES PUBLISHED BY THIRD PARTIES ("THIRD PARTY SITES"). LIME IS NOT RESPONSIBLE FOR THE CONTENTS OF THIRD-PARTY INTERNET SITES TO WHICH HYPERTEXT LINKS FOUND ON THE SITE MAY REDIRECT.
UNDER NO CIRCUMSTANCES SHALL LIME BE HELD LIABLE FOR CHANGES oR UPDATES ON THIRD PARTY SITES, THE TRANSMISSION OF INFORMATION FROM THIRD PARTY SITES OR MALFUNCTION OF THEM. THESE LINKS TO THIRD PARTY SITES ARE SUGGESTED TO MEMBERS AND SUBSCRIBERS ONLY FOR THEIR COMFORT.
MEMBERS AND SUBSCRIBERS ARE SOLELY RESPONSIBLE FOR USE OF THE THIRD PARTY SITES AND TRANSACTIONS MADE WITH THIRD PARTIES, INCLUDING WITH ADVERTISERS, APPEARING ON THE WEB PAGES OF THE SITE AND SERVICE.
TO THE EXTENT ALLOWED BY APPLICABLE LAWS, AND TO THE EXTENT THAT LIME MAY BE DEEMED LIABLE FOR ANY DAMAGE NOT LISTED ABOVE, LIME’S LIABILITY SHALL BE LIMITED TO SPECIFIC, ACTUAL AND DEFINED DAMAGES.
TO THE EXTENT ALLOWED BY APPLICABLE LAWS, UNDER NO CIRCUMSTANCE SHALL LIME OR ITS AFFILIATED COMPANIES, LICENSORS OR PARTNERS, BE HELD LIABLE FOR ANY INDIRECT DAMAGES, UNREALISED EARNINGS OR DAMAGES RESULTING FROM THE LOSS OF DATA, OR FOR ANY OPERATION LOSS RESULTING FROM THE USE OR IMPOSSIBILITY OF USING THE SITE, THE SERVICE OR THE CONTENTS, WHETHER ON THE BASIS OF A GUARANTEE, A CONTRACT, A CIVIL OFFENCE, OR UNDER ANY OTHER LEGAL THEORY, WHETHER LIME BE
INFORMED OR NOT OF SUCH DAMAGES.
Article 8 - Minimum Required Technical Configuration
The Member or Subscriber acknowledges having the expertise and means required to access the Site and use it. Access to the Site and its use require the following minimum configuration:
- The Site is optimized for a screen resolution of 1024 X 768 pixels;
- For the following browsers: Internet Explorer 7 and higher, Firefox 3 and higher, and Safari 4 and higher;
- An Internet connection.
To this end, the Member or Subscriber acknowledges having verified that the computer configuration available to him/her is adequate, contains no virus, and is in proper operating conditions.
The Member or Subscriber shall bear the entire cost of the equipment (computer, cell phone, software, telecommunications means, etc.) allowing access the Site and Service, as well as all telecommunication expenses incurred by their use.
The transfer rates and response time information flowing from the platform of LIME to the Internet are not guaranteed. The Member or Subscriber acknowledges, therefore, that the velocity of information transmission is not dependent on services but the inherent characteristics of electronic communication networks and the technical features of its mode of connection (PSTN, cable, DSL, etc.) and its Internet access.
LIME does not provide personalized assistance, or "hot line". Members or Subscriber may however send comments about the Services to LIME via an online form available in "Contact" in the footer, without obligations of answer or treatment on LIME.
Article 9 – Agreement on evidence
Given the nature of their trade and in particular of the dematerialization of their relationship, the Member or Subscriber and LIME unanimously agree that LIME’s computer systems and files shall be self-evidencing between them.
Consequently, the computer files and records stored within the computer systems operated by LIME or on its behalf under reasonable security and reliability conditions may be used validly and produced as evidence of the execution of the Contract, and more generally of any event, communication or relation between both Parties in relation to the Member or Subscriber’s use of the Site.
Therefore, LIME may validly produce, as part of any proceeding, as evidence of any act, fact or omission, the data, files, programs, registrations or other elements, received, issued or stored using the aforementioned computer systems, on any digital or analogical supports, and rely thereon, except for evident errors.
Article 10 – Modifications to the Terms of Use
LIME may modify these Terms of Use at any time and without prior notice. The Member or Subscriber is therefore invited to consult the latest updated version thereof on a regular basis, freely available and permanently accessible from the homepage of the Site, by clicking on the “Conditions of use” link.
Member or Subscriber is expressly informed that the version of the Terms of Use which shall prevail is the one that is posted on the site www.yummeet.com, what he/she acknowledges and accepts without limitation, pledging to refer systematically to it at each connection.
The same applies for others contractual documents available on line. Any Member or Subscriber must always refer to their version available online at the date of access.
Article 11 – non-renunciation
The fact that LIME not rely on a failure or breach by a Member or Subscriber to any of its contractual or legal obligations shall not be considered as a renunciation to avail itself of this failure or breach. Furthermore, the fact that LIME not relies on a provision of the Contract or any Contractual Document shall not imply any waiver of the benefits of that stipulation.
Article 12 – Applicable Law - Assignment of Jurisdiction
These Terms of Use and of the Contract are governed by the Laws of France. It is written in French.In the event of any discrepancy in their interpretation, the French version of these Terms of Use and of the Contract shall prevail over any other version in any other language.
The competent courts within the jurisdiction of the Court of Appeal of Paris shall have sole jurisdiction regarding any litigation related to this Agreement, including but not limited to any litigation regarding their validity, interpretation, execution and/or termination and the consequences thereof including any precautionary proceedings, emergency procedure, interim measures, warranty claim, request, notwithstanding multiple defendants part.
Article 13 – Legal Notices
The www.yummeet.com Site is operated by par LIME SARL, a company under French law, with head offices located at 18 avenue de l’Opéra 75001 Paris, France, registered with the Trade and Companies Register under number 533 439 212 RCS PARIS ;
Publishing Director: LIME SARL.
Host of the Services: LIME SARL, a company under French law, with head offices located at 18 avenue de l’Opéra 75001 Paris, France, registered with the Trade and Companies Register under number 533 439 212 RCS PARIS;
Last update : APRIL 2012