Terms & Conditions of Use for the application YAX
The use and access to this service is governed by the following terms and conditions of use.
1- Definitions :
Meaning that the application YAX can be installed on a mobile phone or a touch pad allowing users to anonymously post any reflection, illustrated by a background image, in accordance with these T&Cs. The Application YAX is subject to these T&Cs.
Meaning the YAX created, and the actions of the User, made from the support material on the Application and Services provided. The account is linked to the identifier of the mentioned support held by the user.
A Contact is established between 2 users when they have added each other to their faves.
Meaning the Terms and Conditions for the Services of the Application.
Meaning information, data, text, photos, images, messages, geolocation, or other items that may be posted by a user on its own initiative and under his/her responsibility, and accessed by other users, either by creating a YAX, or answering to a YAX, or as a part of the Users Profile.
Faves or Feed Faves:
Faves is a custom filter where the user can customize his feed based on selected content. The user can select 3 different types of content:
- A location: when a user adds a given location to his Faves, all the new Yax created at this location will appear in his Faves;
- A hashtag: when a user adds a given hashtag to his Faves, all the new Yax created with this same hashtag will appear in his Faves;
- A username of a given user: when a user A adds a username of another user B to his Faves, all the new Yax created by the user B with the given username will appear in the Faves of user A.
A hashtag is a keyword without space symbol, preceded by the “#” symbol and clickable by a user.
We call Messages the part of the app where users can have private conversations with others once they are in Contact with each other.
Meaning the personal data relating to a User and being subject to formalities with the National Commission for Computing and Liberties (CNIL). TELEFUN will not under any circumstance own the personal data of Users.
Meaning the name chosen by a User to represent themself on the Application, when using the Services of the mentioned Application. The User can change the Username freely without causing a change in the User Account. The Pseudo chosen is not unique and can be used by several Users simultaneously.
Meaning one or all of the services provided by TELEFUN and accessible from the Application (excluding Contents).
Hardware support :
Meaning the existing technical tools (mobile phone, touch pad, computer, ...) to download, store and access the Application Services.
Meaning the company providing the Service and whose details are shown in Article 9 of these T&Cs.
Meaning any individual, of minimum 17 years, accessing the Service(s) through the installation of the Application and Acceptance of T&Cs.
A YAX consists of an image, optionally associated with a text, with the clarification that the textual character of the YAX is optional. A YAX can express a thought or reflection. It can be created by a user in order to express an opinion or as a reaction to a reflection already initiated by another user.
In practice, based on the text typed by the user and keywords sorted by algorithm, an image is automatically suggested by reference to those made available on the websites of third parties.
The user then has:
- the opportunity to choose from a list of 10 photos/images suggested;
- an additional opportunity to choose from 10 background colors defined and created by the YAX Team and owned by TELEFUN;
- an additional option to add a photo/image from the user's phone's camera or from the user's personal phone image gallery;
- another opportunity to add another photo, available and legal, that the user has previously selected on the canvas, by phrase search or by typing the topic in the search field available on the magnifying glass icon.
2- Subject to T&Cs and current version
2.1 These current T&Cs are intended to define the conditions under which users can access and use the Services.
2.2 The User is expressly informed that the only valid version of T&Cs of these Services by TELEFUN is available in the "Settings" feature, through the "Terms & Conditions" link seen available as soon as one accesses and/or uses Services, which the User agrees and accepts to without restriction, and engages to systematically relate to at each connection. The mentioned T&Cs are permanently available, except in cases of force majeure.
3- Creating a User Account & Access to the Services online.
3.1 General rules for creating a User Account
3.1.1 A User Account is created after downloading the Application. The mentioned account is linked to the ID of the used Support material. Creating a Username is made mandatory from the moment the user created their first YAX. As long as a User does not create YAX they have no obligation to create a Username. Effectively, the Application wants to preserve the anonymity of the User and no further information is required, except either in the cases provided in these T&Cs or by decision of the User.
3.1.2 After downloading the Application, the User will have access to the interface of the User Account, as well as the Application Services, upon acceptance of these T&Cs.
3.2 Access to Services and technical specifications
3.2.1 By accepting the T&Cs, Users can access the Application Services as well as consult the various Yax previously posted on the Service and provide input on the Yax by interacting with the "smileys" proposed by the service. By creating a Username, Users can create Yax and store their Contents via the Application. It is specified that access to the above Services may be limited or impossible, depending on the location from which the user connects to the Services.
3.2.2 The equipment (including computer, mobile phone, touchpad, software, ways of electronic communication), allowing access and use of the Service, are the sole responsibility of the User, as well as electronic communications costs (including telephone costs, internet access costs) arising out of their use. It is the User's responsibility to inform themself regarding the price of using such equipment or services from the operators concerned. Users are accountable for these prices.
4- Common operational factors.
4.1 Obligations of the User regarding their Account.
4.1.1 The use of the Support material and the User Application is the sole initiative of the User and is under the sole responsibility of the User.
4.1.2 The User is thus the only one responsible for the use of the Support Material as well as their User Account.
4.1.3 Any access, use of Services and data transmission made from the Application of a User shall be deemed as having been made by the latter. Safeguarding the confidentiality of the User Account of the Application confided to the User, is in fact the sole responsibility of the latter.
4.1.4 Any loss, misuse or unauthorized use of the User Account or their mobile phone and the consequences this has are the sole responsibility of that User.
4.2 Duration and Termination.
4.2.1 The period of validity of a User Account is one hundred thirty-five (135) days from the date of last access to the Services by the holder of the account. Beyond this period, and in accordance with section 4.2.3, the User Account will be automatically deleted without any possibility to claim compensation.
4.2.2 The Services are provided by TELEFUN for an indefinite duration.
4.2.3 The User expressly acknowledges that TELEFUN has the ability to change the name of the Service and/or the Application, to terminate the Services and thus reserves the right to, without prior notice or compensation or justification, delete their User Account.
4.2.4 Furthermore, in case of breach by the User to these T&Cs, or more generally in case of violations of laws and regulations, TELEFUN will automatically terminate, without prior notice or compensation, all or parts of the Services provided to the User. TELEFUN may impose the termination and removal of the User Account without prejudice to any damages as a result of these breaches, and to any penalties that may be due. The User acknowledges to TELEFUN the right to delete the User Account.
4.2.5 TELEFUN may also, in case of violation of these T&Cs, suspend the service temporarily or permanently. TELEFUN may, in particular, block the User in the use of some particular features of the application such as creating YAX and allow them, however, to access the application to view the YAX posted by other Users and/or give a reaction on Yax by using the "smiley" proposed by the Service.
TELEFUN offers a service through exchange of location-based messages, by mobile phone and touchpad, entitled YAX, which allows a User to initiate a topic for discussion or to engage in an idea already discussed by giving their point of view, interacting and providing feedback using the "smiley" proposed by the Service, by issuing any criticism or any other personal observation, anonymously and on a visual wallpaper background.
The User may also view the YAX the most recent, most popular, and the closest in location to them, without reacting or by interacting through posting a YAX, a response and/or indicating through smileys, if they wish to, or simply sympathizes with the topic described by the YAX they see, by clicking on the icons provided for this purpose.
5.1 The Services' common elements.
5.1.1 The insertion of content is done using the Support material of the User, particularly with a mobile phone or touch pad. The User agrees not to answer or to report any remarks contrary to the law (especially those who contrary to aspects developed in 6.3.) TELEFUN does not guarantee the accuracy, integrity or honesty of Content. TELEFUN cannot be held liable for false statements made by a User or any data or incorrect information, and disclaims any liability in any meetings between users following the use of the Services.
5.1.2 In the context of the use of these Services, the User agrees not to disclose identifying information on other Users, such as name, phone number, or postal and/or electronic address. It is also recommended that the user do not disclose their personal information on the Services, to avoid enabling anyone find their identity.
5.1.3 TELEFUN reserves the right to monitor, a posteriori, and possibly delete or reject any incorrect or vulgar content, not according to the spirit of Service, either on its own initiative or in response to particular Alerts brought to attention by Users, or after receiving notification in accordance with the Law on Confidence in the Digital Economy from June 21, 2004.
5.1.4 In accordance with the Article 6, Section 3 of 7 of Law No. 2004-575 of 21 June 2004 on Confidence in the Digital Economy, TELEFUN sets up a signaling device on YAX, identified by the "Flag" button, symbolized by a drawing of a flag easily accessible and visible to all, enabling users of the Service to bring to its attention any data glorifying crimes against humanity, inciting racial hatred or child pornography, or inciting violence against human dignity and against the offenses listed in the fifth and eighth paragraphs of Article 24 of the Law of 29 July 1881 on the freedom of the press, and Articles 227 -23 and 227-24 of the Penal Code. This device will block the reported YAX and inform TELEFUN of the litigious YAX. The YAX then no longer appears to the user who initiated the flagging.
5.1.5 The User is expressly informed that the contents are under their sole responsibility. Therefore, only the owner of the Support connected to the User Account assume civil and criminal liability of content presented on their Account. The User agrees that the Content they post does not contain anything likely to be contrary to the laws and regulations in the country from which they access the Service, or the country where the Content is intended to be received, or likely to cause injury to another person or to violate the rules set out in Article 6-3 below. Furthermore, the User already acknowledges and agrees that TELEFUN keeps the Service's Content stored, after having made them anonymous, for a period of one year from the removal of User Account or termination of validity of the User account.
5.1.6 The User declares to be the owner of content associated and presented on the Service and that they store it unrestricted to property rights and other authorities. By default, the User is considered to be the holder of rights to the Content associated to a YAX or their User Account. Users may not store or transmit any Content that infringe intellectual property rights and/or personal rights of others, as protected by copyright, distinctive signs (trademarks ...), text works images of people or goods, trade secrets, proprietary or confidential information, this list not being limitative.
5.1.7 In accordance with Article 323-1 of the Penal Code (Ordinance No. 2000-916 of September 19th 2000 art. 3 Official Journal of September 22nd 2000 in effect January 1st 2002) which states, that "the fact to access or to remain fraudulently in an automated system of data processing is punishable by two years' imprisonment and a fine of € 30,000 ", the User agrees not to return via another phone support, tablet or other technical means to access the YAX application after having been temporarily or permanently excluded from service.
5.2 Description of the Services.
5.2.1 The User Account.
After downloading the YAX application, the User can view the YAX posted by other Users. If he or she wishes to also post a YAX, he/she must choose a Username. The username can be changed at any time without causing a change in the User Account. The Pseudo chosen is not unique and multiple users can use it. Only the User Account is linked to the Support ID, allowing access to YAX application. Users may share the YAX on social networks and any existing or future third-party mail system. Users may choose not to enable geotagging on their phone or touch pad in its Support material's hardware settings. The User can also invite friends to use the application through his repertoire, social networks and any existing or future third-party mail system. The User may at any time remove the User Account by visiting the "Settings" feature on the Application. And its data will be deleted within a period of one (01) year in accordance with legal provisions. Deleting a User Account will directly lead to the immediate removal of all YAX and other Content created by the User, and the removal of their User Name.
5.2.2 Messages and private conversations.
The private messaging system called “Messages” enables all the users who have established a Contact with each other beforehand to have private conversations. A given private conversation can be seen only by the 2 users involved in the conversation. Reminder: a contact is established between 2 users when they have added each other to their Faves. The only way for users to exchange messages in private is by sending Yax to each other. A user can delete one or several Yax within a given conversation. He can also delete all the Yax of a conversation by deleting the conversation itself. When a deletion is operated by a user, the Yax are deleted only on the device of the user who operates the deletion. It doesn’t affect the Yax on the other user’s device. As a result, the Yax deleted will still be visible on the other user’s device, unless he decides to delete them too. A user can block one of his Contact. When a user A blocks a user B, the user A will stop receiving the new Yax sent by the user B. The user B will not be informed that he has been blocked by the user A. Users cannot report Yax exchanged in a private conversation. Nevertheless, users agree to our Terms and Conditions and commit not to post content not allowed by our Terms and Conditions.
5.2.3 User GeoLocation Services.
All users can geo-locate automatically. To do this, the User may use different means of geolocation (for example GPS) offered by mobile phone or a digital tablet, where the Application is available in order to geo-locate automatically. The geolocation implies that the user confirms their desire to be located using the geolocation functionality offered by this mobile phone or the touch pad/tablet. However, for making optimal use of the services on the Application, TELEFUN recommends the User to enable geotagging in their hardware support. Users who have activated the geolocation in their hardware support and having given permission to geolocation on Yax may have knowledge of the distance that separates them from other Users based on filters they have set up, provided that the other Users have also enabled geotagging through their Yax. TELEFUN performs conservation of data history only for the proper functioning of the application. It is also recalled that TELEFUN shall under no circumstances be held liable for any use that may be made from the automatic geolocation data related to mobile phones (GPS) and/or touch pads where the Application is available, including related aspects concerning private and personal data that are managed directly through mobile phone providers where the YAX application is available.
5.2.4 Website http://www.yax.it
The Yax website is available to all Users who have Internet access, at the following address: http://www.yax.it The Yax website presents a series of Yax among the most popular and newest. It does not allow the creation of content and Yax are available in an advisory capacity. When a Yax is shared from the Yax application, it is accessible for consultation from a unique URL accessed online.
6- Legal aspects.
6.1 Limitation of Liability.
6.1.1 TELEFUN cannot be held responsible for the Users and their use of the Services. In particular, TELEFUN can in no way be liable regarding any Content posted, uploaded, sent, received or transmitted by the Users or present at third party Sites, consistent with its status as host established by Law No. 2004 -575 confidence in the Digital Economy dated 21 June 2004.
6.1.2 The User acknowledges and agrees to be informed that TELEFUN cannot be held, in any capacity, responsible for the creation, modification, deletion, or failure to receive, transmit, transmission or storage data of Users, under the sole and exclusive responsibility of the latter. Similarly, the User acknowledges that TELEFUN remains free to at any time modify the name of its online services, without this change giving the right to any appeal from the User.
6.1.4 Any data uploaded by the User, or obtained otherwise when using the Service, is at their own risk. Users are solely responsible for any damage to the Material used or loss of data while downloading data or consultation and use of the Services.
6.1.5 No advice or information, whether oral or written, obtained by the User of TELEFUN or when using the Services may induce in any non-foreseen warranty not expressly stated in these T&Cs.
6.1.6 The User acknowledges that its use of the Service is at your own risk. The Service is provided to them "as is" and is available with no guarantee of availability and consistency. TELEFUN will strive to make services accessible round the clock, seven days a week, except in cases of force majeure or an event beyond the control of TELEFUN and subject to maintenance periods, any breakdowns, technical hazards related to the nature of mobile networks and/or internet or malicious acts or any infringement of the hardware or software of TELEFUN.
6.1.7 TELEFUN shall in no event be held liable for the interruption of service regardless of the cause, duration or frequency of the interruption.
6.1.8 The transfer rate and response time of information from the User's mobile phone or touch pad is not guaranteed by TELEFUN. The User acknowledges that the speed of transmission of information does not depend on the Services offered by TELEFUN, but inherent characteristics of the User's mobile phone or touch pad to electronic communications networks and technical characteristics of the connection mode and its Internet access.
6.1.9 TELEFUN provides no personal assistance or "hot line".
6.1.10 TELEFUN will in no way be held responsible for the ways geolocation data links to mobile phones where the Application is available, which would be subject to storage by manufacturers of mobile phones, particularly with regard to aspects related to privacy and personal data, which are managed directly by smartphones providers where the Application is available.
6.2 Protection of Users' privacy and personal data.
6.2.1 Third Party Sites. This article applies only to TELEFUN's Services and does not apply to Third Party Sites as referred to in section 6.5 below, where TELEFUN invites users to consult the related general and special conditions of use, to know the conditions for the collection and treatment of personal data concerning them.
6.2.2 Data collection, processing, storage of personal data. TELEFUN respects basic freedom and in particular the respect of users' privacy. The processing of personal data collected during the use of the Services is governed by the necessary formalities having been completed along with the National Commission for Computing and Liberties. Be reminded that: for the use of the Application to be optimal, TELEFUN recommends the User to enable geotagging on their equipment of Support; the only information required is the creation of a username to post a YAX; By accepting these T&Cs, the User agrees to the collection, processing and storage of personal data as a result of using the Application, however TELEFUN does not own any of these data.
6.2.3 Right to access, modify or delete personal data. In application of Law No. 78-17 of January 6, 1978, amended by Law No. 2004-801 of August 6, 2004, relating to computers, files and freedom, each user has the right to oppose, to access and modify the data. They will be able to correct, complete, clarify, update or delete information that is inaccurate, incomplete, misleading, or outdated.
6.2.4 Closing of User Account and/or removal of the Application and retention duration of personal data. At the end of a User Account, for whatever reason, the data on this account and in particular traffic data will be erased. It may however be deferred for a maximum of one year in order for the operations designed to delete certain categories of data or make them anonymous to ensure the safety of TELEFUN's installation, or for the purpose of research, recognition and prosecution of criminal offenses, with the sole purpose of allowing, as needed, the provision of information to legal authorities. It is stated that in the case where a user removes the YAX Application directly without first performing a removal of their User Account, the data will be kept for one year after the end of the period of validity of User Accounts (i.e. 135 days from the last date of access to the Services).
6.3 Responsibility for User Content and the steps to be taken by the User.
6.3.1 The User agrees to comply with laws and regulations and to use only content (texts, photos...) they have the rights to, or to which the holder of Rights has given its consent for its dissemination within the Service, or royalty free content. The User releases TELEFUN of any possible third party claims because of the violation of content rights or the conduct of any user who violates any applicable laws. The User agrees that each person represented by them on a YAX, has given prior consent to the use and dissemination of their image.
6.3.2 In a general manner, the User agrees to comply with all laws and regulations concerning the prohibition of diffusing images containing pornography, pedophile content, obscenity, or anything likely to cause serious harm to human dignity. The User agrees not to divert the purpose of any of the Services for propaganda or proselytizing, or professional or commercial purposes (canvassing, soliciting or prostitution). Also, the User agrees not to harass other users or continuing to try managing to communicate with anyone who do not want to. Users are responsible for making sure that their behavior with other users is legal and complies with all applicable laws.
6.3.3 In general, and without this list being considered exhaustive, the User agrees not to upload, download, publish, post, transmit, distribute or facilitate distribution of any content (text and/or images) on or through the Service if:
- - it is unlawful, harmful, threatening, violent, abusive, harassing, defamatory, libelous, obscene, pornographic, threatening, intrusive unmoral, using a hateful or offensive language (even if masked by symbols or other characters), infringing the privacy of others or human dignity, hateful, racist, ethnically or otherwise objectionable or inappropriate in other respects as TELEFUN determine in its sole discretion;
- - it affects in any way other users including the manufacturing, transportation, and distribution of messages of violent or pornographic nature, or anything likely to cause serious harm to human dignity;
- - it constitutes, but not limited to, incitement to suicide, incitement to commit crimes and offenses, incitement to discrimination, hatred or violence because of race, ethnicity, religion or nation, Nazism, or disputing the existence of crimes against humanity or known genocide;
- - it could constitute corruption of minors;
- - it constitutes false news to undermine the authority of justice, or which contents with information about ongoing trials, an individual's tax situation or adoption cases;
- - it is designed to exhibit or sell objects and/or banned books;
- - it could mislead other Users by usurping the name of other people or companies and especially by pretending to be an employee, a moderator, a host, a partner or an affiliate of TELEFUN or any other company in the NAKAMA Group;
- - the user unrightfully distributes something by virtue of laws or regulations in force, or a legal act or contract (including internal, privileged, confidential information disclosed as part of a job contract or a confidentiality agreement (without this list being limitative);
- - there is infringement of any patent, trademark, trade secret, copyright, intellectual property or other proprietary right of any party;
- - it contains data, information, advertising of a commercial nature or not, promotional materials not been requested or approved in advance by its addressee, and in particular engaging in "spam", "mass mailing "to the transmission of" junk mail, "chain letters or any other form of similar solicitation;
- - it is designed to restrict, distort, interrupt, destroy or limit the normal operation or functionality of any computer software, computer, server, or electronic communications tool without this list being exhaustive;
- - it obstructs or disrupts the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations applicable to networks connected to the Services;
- - content is likely to harass, persecute, embarrass in some way or another one or more users. This means that the user should not speak ill of others or make personal attacks based on race, nationality, ethnic origin, religion, sex, sexual preference, disability or other differences.
6.3.5 The User declares and also recognizes the need to exercise good judgment, and bear all risks associated with the use of any Content, including, when relying on opportunity, usefulness or completeness of such Content. Accordingly, the User acknowledges that they can not rely on any Content created by TELEFUN or Content submitted to TELEFUN available in the Services.
6.3.6 In the event of failure by a user to follow one or more of these rules, TELEFUN reserves the right to block the account(s) of the User concerned, temporarily or permanently, without compensation or reimbursement and without prejudice to any claims that may be made by the concerned User.
6.3.7 The User is informed that messages, data and information that they may transmit or receive by using the Service, travels over the Internet. These messages are not protected and may be subject to interception or attempted interception by unauthorized third parties who may be aware of their contents. Therefore, TELEFUN warns the user that the communication of information, such as including credit card number, address, phone number, email, and generally any sensitive or confidential information should be avoided. This is so even where the person with whom the user dialogues, even if that person presents himself to be authorized by supposedly TELEFUN, YAX or any other company, requests such disclosure. In any case, such disclosure would be at (your) own risk, without the responsibility of TELEFUN being incurred. No agent or employee of TELEFUN is authorized to solicit a user for the following information in connection with the use of the Service by the User: name, address, credit card number.
6.3.8 The User retains sole responsibility for causing harm to another User or third party using the Service.
6.3.9 In return of the free services that are offered by TELEFUN, the User authorizes TELEFUN to associate Content the User posts on any of the Services, with advertising or promotional messages such as text, images, video or sound chosen by TELEFUN. More generally, the User agrees that TELEFUN can use (and refer to) diffusion of user-generated content to promote its services. The User is under no circumstance entitled to any remuneration or compensation under this authorization. If the User wishes to revoke this authorization, it is up to them to end their User Account. A revocation as such shall take effect for the future. Any advertising or promotional action that may be brought by TELEFUN at the closing of his User Account by the User will continue to completion.
6.3.10 In exchange for the use of the Services free of charge, the User grants TELEFUN a worldwide broadcasting license on any electronic communications network, including mobile telephony and internet, of the Content it hosts, for the whole duration of Content posting by the User.
6.4 Intellectual Property of TELEFUN and third parties / License for using the graphics and sound of the Software.
6.4.1 TELEFUN grants, personally, to the User a non-exclusive, non-transferable right to use the Services and software that can be associated to a compatible device (phone, touch pad, computer), it being specified that it is forbidden (and they can not allow any third party to) copy, modify, create a derivative work, reverse engineer, disassemble or otherwise, try to get the source code of associated software (except cases as provided by law), sell, assign, sublicense or transfer in any manner whatsoever any right pertaining to the Services or associated software.
6.4.2 The User agrees not to in any way modify the Services or associated software, and not to use modified versions of related software and Services including (but not exclusively) obtaining unauthorized access to the Service(s). User agrees not to access the Service(s) by any means other than through the interface that is provided to them by TELEFUN for this purpose.
6.4.3 The User is informed and agrees that the Service and any necessary software used in connection with the Services may contain confidential or protected by intellectual property laws or any other law. User acknowledges also be aware that the content included in advertising and information presented to the user through the Services or by advertisers is protected by copyright, trademark law, patent law, or other proprietary rights and laws. The User agrees not to modify, rent, lease, loan, sell, distribute this content or create derivative works incorporating some or all of this content, unless they have received prior written permission of TELEFUN.
6.4.4 The Service contains text, images, sounds and videos, which are the exclusive property of TELEFUN (hereinafter "Intellectual Property Items"). The Intellectual Property Items are made available to the User, without charge, for the sole use of the Service and under normal use of its features.
6.4.5 The authorization for use of Intellectual Property Items is made personal, non-exclusive and non-transferable. TELEFUN may at any time revoke this authorization to use the Intellectual Property Items.
6.4.6 It is forbidden for the User (and the User can not allow any third party the authorization to) copy, modify, create a derivative work of, reverse engineer, disassemble or otherwise attempt to discover the source code (except as provided by law), sell, assign, sublicense or transfer in any manner whatsoever any right relating to Intellectual Property Items. The User agrees not to modify the Intellectual Property Items in any way.
6.4.7 In the case of a non-compliant or misuse of Intellectual Property Items, TELEFUN reserves all legal means to stop the infringement of its intellectual property rights.
6.5 Third Party Sites.
The pages of the Services may contain hyperlinks to Web sites published, hosted or operated by third parties (the "Third Party Sites") that TELEFUN exercises no control over whatsoever. TELEFUN is not responsible for the content of Third Party Sites or the content to which Third Party Sites redirect. The presence of hyperlinks to Third Party Sites does not mean that TELEFUN approve any way the content of Third Party Sites. TELEFUN is not responsible for any changes or updates regarding the Third Party Sites. TELEFUN is not responsible for the transmission of information from Third Party Sites or malfunction thereof. The links to third party sites are only offered to users for their convenience. Users and/or Visitors are solely responsible for all transactions conducted with third parties, including in advertisers appearing on the web pages of the Service, as well as anything related to the operations of delivery and payment of goods and services.
7 Force majeure.
TELEFUN can not be held liable or be considered to have breached the conditions presented herein for any delay or failure, when the cause of the delay or failure was due to a case of force majeure as defined by the French jurisprudence including in particular act of government, attack by hackers, unavailability of materials, supplies, spare parts, personal equipment or other; and interruption, suspension, reduction or disruption of electricity or other, or any interruption of electronic communications networks.
8.1 Any User complaint and/or appeal against TELEFUN must be typed and sent as a letter to TELEFUN within 15 (fifteen) days from the date of the related event, under penalty of foreclosure.
8.2 Any notice given hereunder shall be done in writing and sent to the address TELEFUN. The User will make sure to keep the acknowledgment of receipt. These notices shall take effect on the first business day following reception of notification by TELEFUN, unless it's technically impossible.
9- Legal Information.
9.1 The Application "YAX" is operated by TELEFUN SAS with a capital of 47 336 €, registered with the RCS Paris under number 332 276 880 whose registered office is located at 37bis rue Montorgueil 75002 PARIS
9.2 Director of Publication of the YAX Application Services: Pierre Bellanger, President.
9.3 Service Host: TELEFUN SAS with a capital of 6,337,000 euros whose registered office is at 37bis, rue Greneta 75002 PARIS.
The fact that Telefun does not act on a default or shortcoming by a User with regard to any one of the User's contractual or legal obligations may not be construed as a waiver of the right to act on said default or shortcoming.
11 - General Provisions.
11.1 Given the nature of their exchanges and, in particular, the dematerialization of their relationship, the parties agree that all the IT records in Telefun's IT system shall, in the event of a dispute, be valid as proof.
12- Applicable Law.
13- Clause Conferring Jurisdiction.
THE PARIS TRIBUNAL DE GRANDE INSTANCE (LARGE CLAIMS COURT) HAS EXCLUSIVE JURISDICTION OVER ALL DISPUTES BETWEEN THE PARTIES CONCERNING, IN PARTICULAR, THE FORMATION, PERFORMANCE, CONSTRUCTION AND TERMINATION OR RESCISSION OF THESE GTU AND STU, INCLUDING FOR PROTECTIVE MEASURES, URGENT PROCEEDINGS, INTERIM PROCEEDINGS, JOINDERS, EX PARTE PROCEEDINGS OR MULTIPLE RESPONDENTS.