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.

If you do not agree with all these terms, please do not use the Service. By using the Service, you agree to be minimum 17 years old and accept, without reservation, to comply with and be bound by these Terms, including the Privacy Policy. TELEFUN reserves the right to change these terms at any time and in its sole discretion. By using the service after any such change, you agree to comply and be bound by these Terms as amended.

1- Definitions :

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

3.2 Access to Services and technical specifications

4- Common operational factors.

4.1 Obligations of the User regarding their Account.

4.2 Duration and Termination.

5- Services.

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.

5.2 Description of the Services.

6- Legal aspects.

6.1 Limitation of Liability.

6.2 Protection of Users' privacy and personal data.

6.3 Responsibility for User Content and the steps to be taken by the User.

6.4 Intellectual Property of TELEFUN and third parties / License for using the graphics and sound of the Software.

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- Complaints.

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 6,337,000 euros, 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.

10- Non-Waiver.

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.

The fact that Telefun does not choose to benefit from a provision of the General Terms of Use or the Specific Terms of Use does not in any way entail a waiver of the benefit of said provision.

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.

11.2 These General Terms of Use and the Specific Terms of Use for Telefun's online services that they complement constitute the entirety of the agreement between the parties concerning the purpose thereof. They cancel and supersede all prior or concomitant agreements, communications, declarations or proposals, whether written or oral, which concern the same purpose. These General Terms of Use prevail over the STU associated with each service and any other document exchanged between the Parties, except in the event of an express derogation that is first accepted and evidenced by Telefun.

12- Applicable Law.

These T&Cs and Privacy Policies are governed by French law. Any translation of the T&Cs and Privacy Policy in a language other than the French language is provided for information purposes only. The French version prevails and predominates for any possible interpretation that could be born in their application and understanding.

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.

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