I. Legal information
The Website www.jollyclick.com (hereafter the “Website”) and the services defined herein are edited, exploited and supplied by Jollyclick, the full contact details of which are available by clicking here (hereafter “Jollyclick”).
The Website is hosted by Microsoft, the contact details of which are available by clicking here.
II. The purpose of the General Terms and Conditions of Use
The purpose of these General Terms and Conditions of Use (GTU) is to define the conditions of use of the Website.
The Services proposed by Jollyclick herein are free of charge.
If there is any contradiction between the French language version of the G.T.U. (here) and the translation, the French language version shall take precedence.
III. Complaints – Technical assistance
Jollyclick's client service may be contacted via the following email address: firstname.lastname@example.org.
For the purposes herein, the terms beginning in the upper case, whether they are used in the singular or the plural, shall have the following meanings:
- G.T.U.: shall mean these General Terms and Conditions of Use
- G.T.S.: shall mean the General Terms and Conditions of Service accessible by clicking here
- Account: shall mean the Talent's personal space solely accessible with the identification Elements transferred by Jollyclick enabling him to access and benefit from the Services
- Content(s): shall mean the content of any kind (in particular, textual data, visual data, photographic data, discussion forum, etc. subject to the Rules of diffusion) belonging to the Talent and/or a Project and posted on the Website via the Services by the Talent and/or the Talent(s) related to the Project, under the responsibility of the Talent posting such Content
- Identification element: user login (“login”) or email address and password (“password”) transferred by Jollyclick to the Talent enabling him to access his Account
- Event: shall mean Content including a discussion forum, corresponding to a date fixed by the party disseminating such Content and reserved for Talents wishing to join the forum
- jollyclick : shall mean Jollyclick, a simplified joint-stock company, with its registered office located at 12, rue Albert Einstein, 48000 Mende, registered with the Mende Registry of Trade and Companies under the number 823 925 318
- Webuser: shall mean all the webusers, visiting the Website, whether or not they are registered as a Talent and whether or not they have an Account
- Project: shall mean Content including a discussion forum which may be customized using various functionalities provided on the Website (within the limit, as the case maybe, of the dissemination Rules such as the G.T.S and/or G.T.U.) and to which may be added Content or from which Content may be posted on the Website. The Talent at the origin of the Project may delegate all or part of his administrative rights and Project setup (with the exception of the right to withdraw the Project) to pre-selected Talent(s)
- Profile: shall mean the Talent's profile accessible on the Website to Webusers and comprised of information provided by the Talent, in particular, information related to his Account
- Website: shall mean the Website, in particular, accessible from the URL address www.jollyclick.com
- Talent: shall mean any individual at a minimum aged fifteen (15) years, and who is apt or who has the parental authority to do so, including the director's representative, subordinates, etc. of a legal entity acting on its behalf, subscribing and opening an Account and who is not subject to any prohibition and/or legal, regulatory or conventional prohibition preventing him from posting a Project and/or Content online and who has fulfilled, as the case maybe, all the legal, regulatory and conventional formalities to do so, with a view to using the Services
- Services: shall mean the functionalities and services, free of charge, such as defined in Article VI made available to the Webusers and accessible from the Website, and for certain services, following the prior creation of an Account
V. Scope of application, acceptance and modification of the G.T.U.
The purpose of the G.T.U. is to define the conditions in which the Webusers may consult the Website and in which the Talents may benefit from the Services.
The access or use of all or part of the Website and/or Services implies the Webuser's unlimited and unequivocal acceptance of these G.T.U.
These G.T.U. may be subject to modifications, and the conditions applicable are those in force and accessible on the Website on the User's date of access to the Website.
VI. Description of Services
Jollyclick shall make available to the Webusers, via its Website, an access to a certain number of Services enabling him to search and/or consult Profiles, Projects and Events created by Talents.
The Website also enables Talents to access other services defined in the G.T.S. after the creation of an Account and subject to the prior acceptance of said G.T.S.
All the Services provided by Jollyclick and made available to the Webuser are mentioned on the Website.
VII. Access and availability of the Services
Jollyclick shall make its best endeavors in order to make the Services available every day and round the clock 24/7, regardless of any maintenance operations for such Services and/or on the Website.
Nevertheless, Jollyclick reserves the right to suspend the access of all or part of the Services for maintenance works and/or upgrades. Such discontinuation of Services and/or the Website shall firstly be notified to the Webuser, insofar as possible for Jollyclick, in particular, by disclosing a warning message on the Website. In the event of an emergency, Jollyclick nonetheless reserves the right to partially or totally suspend, all or part of the Services and/or access to the Website, for a reasonable period, to carry out any technical operation that may be required. Such discontinuation of Services and/or the Website may not give rise to any indemnification for the benefit of the Websuser.
In this regard, Jollyclick is obliged to adhere to a best efforts obligation.
VIII. Warranties – Liabilities
a. The Webuser's warranties
Upon accessing the Website, the Webuser represents, warrants and undertakes to:
- access and use the Website and/or the Services in good faith, reasonably and in a manner that is not contrary to these G.T.U;
- not to use mechanisms or software other than those provided by Jollyclick intended to i) affect or attempt to affect the proper functioning of the Website and/or the Services ii) or extract, modify, consult, even in the buffer or temporary memory, or for personal use, all or part of the Website and/or Services;
- not to access and/or use the Website and/or Services for unlawful purposes and/or with the intention of causing a prejudice to Jollyclick's reputation and/or image and/or that of the Webusers, or more generally, violate any of Jollyclick's and/or third party's rights, including those of Webusers, and, in particular, intellectual property rights;
- not to commercialize the Services and/or access to the Services and/or the Website directly or indirectly;
- not to reuse, or exploit all or part of the Website and/or the Services therein, in particular for commercial and/or collective and/or personal purposes in any form and/or media that has not been authorized by Jollyclick and/or the Webusers;
- not to reproduce, represent all or part of the Website and/or the Services for personal purposes beyond those of the legal exceptions provided, in particular, under the French Intellectual Property Code, or with a view to the direct or indirect commercialization, in particular with third parties;
- not to limit the access and use of the Website and/or Services;
- not to modify, including in the buffer or temporary memory, any mention or element on the Website and/or the Services;
- ensure that the use of the Website and/or the Services does not affect or compromise the stability, security and quality of the Website and/or the Services, networks, bandwith or Jollyclick's infrastructures, for the other Webusers and/or third parties;
- not to violate the provisions of Articles 323-1 to 323-7 of the French Criminal Code, which sanctions "hacking" activities;
- not to use and/or exploit the electronic and/or postal addresses of other Webusers for any uses other than for the use of the Services and/or the Website, in particular, with a view to a solicitation mailing and to undertake not to participate in "spamming" activities.
In the event of non-compliance with any of these obligations, without this list being exhaustive, the Webuser shall be informed that Jollyclick shall be entitled to unilaterally refuse or suspend access to all or part of the Services and/or the Website and, as the case maybe, access to his Account, and without any prior notification.
The Webuser accepts and acknowledges that Jollyclick may not guarantee:
- that the results of his Profile and/or Project and/or Events searches shall provide him with complete satisfaction;
- that the Profiles and/or Content and/or Projects and/or Events are compliant to his expectations and searches;
- the veracity, comprehensiveness and/or compatibility of the Profiles and/or Content and/or Projects and/or Events which are posted by the Talents on the Website under their responsibility and hosted by Jollyclick;
- the quality of the interactions with the other Webusers and/or Talents, or even the rapidity with which they are provided by the latter;
- and more generally, the Webuser's specific requirements.
Jollyclick is also a third party to the correspondence and relations between the Talents and the Webusers and/or Talents, which, accordingly, excludes any liability in this regard.
Furthermore, the Webuser unequivocally accepts that whilst Jollyclick's liability shall be incurred directly or indirectly as a technical intermediate, by any person or entity whatsoever, Jollyclick reserves the right to promptly and automatically take any administrative and/or technical measure, including with regard to the Webuser, to safeguard his interests and/or to comply with his obligations.
b. Jollyclick's warranties
Jollyclick makes available to the Webuser, via its Website, an access to a certain number of Services to accompany the latter in his interactions with the Talents.
Jollyclick is not involved in the relations, in particular, legal relations, between the Webusers and the Talents or between the Talents, and the Webusers must accomplish the standard verifications, in particular of a legal nature, prior to entering into any agreement with a Talent, to which they are solely committed.
Jollyclick reserves the possibility to post advertizements or promotional messages on the Website, including in the context of the Services.
X. Limitation of liability
The Webuser is solely liable for the use that he makes of the Website, and for the Services which he accesses on the Website.
Jollyclick may under no circumstances be held liable in the context of any proceedings initiated against the Webuser, who has made an incorrect use of the Website and/or the Services.
The Webuser acknowledges and accepts in this regard that he shall be personally responsible for any complaint or proceedings filed against Jollyclick, due to his non-compliant use of the Services and/or the Website.
The Website may include hypertext links making reference to third-parties' Websites.
In this regard, given the evanescent nature of the content which may be posted on the Websites to which such hypertext links are routed, Jollyclick's liability may not be incurred in the event whereby the content on such third-party Website violated the applicable legal and/or regulatory provisions.
In any event, Jollyclick may not be held liable:
- in the event of an unavailability of Services for reasons such as a default in the public electricity network, a default in the telecommunications cables, a loss of connection to the Internet network due to public or private operators, in particular, the Webuser, for any reason whatsoever, in particular strikes, storms, earthquakes or any force majeure event;
- in the event of the use of the Website and/or the Services by any Webuser and/or Talent under conditions that were non-compliant to these G.T.U;
- within the limits of the applicable legislation, for any indirect damage, including, in particular, the loss of profit, data or any other loss of intangible assets, and even if Jollyclick was informed of the potential damages that could result from (i) the use or the impossibility to use the Website and/or the Services (ii) following access to the Website and/or Services by an unauthorized Webuser.
Jollyclick may not be held liable for any dysfunction of any kind whatsoever relating to the Webuser's I.T. equipment and his Internet access connection, upon access to the Website and, more generally, to the Services.
More particularly, Jollyclick shall not guarantee Services to the Webuser concerning:
- any problems of access speed to the Website and/or Services and/or speed of the Webuser's computer buffer memory for the Content accessible via the Services, which may be encountered by the Webuser;
- the quality of the Content posted by the Talents and accessible via the Services.
Jollyclick declines any liability with regard to the reliability and/or relevance of the information provided by the Talents, Profiles, Projects, Content and Events which have been posted online under their exclusive responsibility.
Jollyclick's activity is limited to facilitating the connection for Talents. Its liability may under no circumstances be incurred in the context of any relations, agreements and discussions between the Webusers and Talents and/or between Talents.
XI. Unlawful content
As the hosting provider within the meaning of the provisions of Article 6-I-7 of the Law no.2004-575 dated June 21, 2004 for Profiles, Content, Projects and Events posted on the Website, under the Talents' exclusive responsibility, Jollyclick may not in practical terms, organize a general surveillance of the Website and/or Services and may not define any unlawful nature of any content thereon.
In the event whereby the Webuser were to discover that all or part of a Profile, Content, Project and/or Event posted online by a Talent – is unlawful, the Webuser is asked to report this by “reporting the content” directly on the Website or by sending a report thereof by email to the following address: email@example.com.
The Webuser undertakes not to abuse this option, failing which, he may be subject to criminal proceedings, under the provisions of Article 6.4 of the Law no.2004-575 dated June 21, 2004 according to which: “If anyone presents to the persons mentioned in 2 (hosts) any content or activity as being unlawful to obtain the deletion thereof or the cessation of its posting online, whereas he is aware that this is not the case, he may be subject to a penalty of one year imprisonment and a 15,000 euros fine”.
XII. Force majeure
Jollyclick may not be held liable if the performance of one of its obligations is prevented or delayed due to a force majeure event such as defined by the case law of the French courts, and, in particular, natural disasters, fires or a disruption or interruption of the telecommunications or electricity network.
XIII. Intellectual Property
A. Website copyright
Jollyclick is the holder or the license holder of the intellectual property rights both for the general structure of the Website and its content (texts, slogans, graphics, images, videos, photos, programs and other content), at the exclusion of any Content posted by the Talent, such as Profiles, Projects and Events. Accordingly, without prejudice to the provisions of Article XIII D, any representation, reproduction, modification, misrepresentation and/or total or partial exploitation of the Website and/or Services by any process whatsoever and on any support medium whatsoever, without Jollyclick's express and prior authorization, is prohibited and constitutes an infringement of copyright.
Furthermore, any unauthorized exploitation of the Website and/or Services shall incur the Webuser's criminal and civil liability on the basis of the infringement of copyright.
The Webuser acknowledges and accepts that the access to the Website and/or Services made available by Jollyclick may not include any assignment or license of intellectual property rights (in particular, copyright) and other personality rights (right of image, privacy) for the benefit of the Webuser.
The access to the Website and the Services is exclusively limited to the Webuser's private and personal use in the conditions and limits defined herein.
B. Distinctive signs
Trademarks, logos, company names, logos, commercial names, signs and/or domain names belonging to Jollyclick and/or its commercial partners mentioned on the Website, enabling access to the Services made available by Jollyclick, constitute distinctive signs that are not entitled to be used without the prior and express authorization from their copyright holder.
Accordingly, any representation and/or reproduction and/or partial or total exploitation of these distinctive signs is prohibited and constitutes an infringement of trademark, impersonation of a company name, commercial name and domain name incurring the perpetrator's civil tortuous liability.
C. Hypertext links
The hypertext links accessible on the Website and/or in the context of the Services, from other Websites and generally to other existing resources on the Internet shall not incur Jollyclick's liability.
The Talent may under no circumstances setup hypertext links to the Website pages, enabling access to the Services and by any technical process used to circumvent the Talent's login identifiers or to exhaust all or part of the Service content made available by Jollyclick.
The "framing" technique is prohibited, without the prior and express approval from Jollyclick.
The Webuser irrevocably acknowledges that the Website and the Services, including the structure and/or the sequencing of Profiles, Content, Projects and Events, are constituted from one or several databases made available by Jollyclick to the Webusers as producer of such databases within the meaning of the provisions of Articles L.341-1 et seq. of the French Intellectual Property Code.
Accordingly, in accordance with the provisions of Article L. 342-1 of this Code, the Webuser undertakes not to proceed with the following:
- the extraction by permanent or temporary transfer of all or a qualitatively or quantitatively substantial part of the content of one or several databases accessible on the Website and/or the Services, including the structure and/or the sequencing of the Profiles, Content, Projects and Events, onto another support medium, by any means and under any form whatsoever, including for the use and consultation by a media and/or a process that is not authorized by Jollyclick;
- the reuse, by making available to the public all or a qualitatively or quantitatively substantial part of the content of one or several databases accessible on the Website and/or the Services, including the structure and/or the sequencing of the Profiles, Content, Projects and Events, regardless of the form, including by a hypertext link, media and/or a process that is not authorized by Jollyclick;
- the constitution, edition, maintenance, update, import, export, the availability to third parties, whether gratuitously or in return for remuneration, and the participation in the aforementioned acts, of a competitor database resulting from all or part of one or several of Jollyclick's databases;
- the visualization on a screen by another process or media than those for which Jollyclick intends to disseminate the Website and Services, including the structure and/or sequencing of the Profiles, Content, Projects and Events;
- generally, any extraction, use, storage, reproduction, representation or retention, directly or indirectly, in full or in part, including on a buffer or temporary memory, of a qualitatively or quantitatively substantial part of the content of one or several of Jollyclick's databases, accomplished by one of the processes referred to above is strictly prohibited, including by a media that is not authorized by Jollyclick.
E. Service Content
The Webuser acknowledges and accepts that the access to the Website and the Services made available to him by Jollyclick may not include any assignment or license of the intellectual property rights (in particular, copyright) and other rights for his benefit.
The Webuser acknowledges and accepts that the private and personal use which he is granted by Jollyclick for the access to its Services, excludes, in particular, the access to Services with a view to the collective use of its content, reproduction, representation, resale, exchange, lease, transfer to a third party, modification, adaptation or correction, whether gratuitously or in return for remuneration, of all or part of the Website, Services and their content.
XIV. Protection of Personal Data
XV. Miscellaneous Provisions
A. Correspondence - Proof
Unless expressly stated herein, the correspondence exchanged between Jollyclick and the Webuser is mainly sent by email.
In accordance with Articles 1366 et seq. of the French Civil Code, the Webuser acknowledges and accepts that the information issued by Jollyclick by email and/or by the Services and/or by the Website shall prevail between himself and Jollyclick.
The elements such as the moment of receipt or issuance, and the quality of the data received shall prevail by priority such as mentioned on the aforementioned support mediums, or as authenticated by Jollyclick's electronic procedures, unless written proof is provided to the contrary by the Webuser.
The extent of the proof of the information issued on the Website is considered as an original, the same as for a written and duly signed paper document.
B. Integrality of the G.T.U.
These G.T.U. express all of the obligations for Jollyclick and the Webuser relating to their purpose. If one of the parties does not assert the non-compliance by the other party, to any one of the obligations referred to herein, it may not be subsequently interpreted as a waiver to such obligation.
C. Partial Invalidity
In the event whereby one or several of the stipulations herein were to be considered as invalid, void, or declared as such in accordance with a law, regulation or following a final court decision with res judicata, the other stipulations shall retain their full force and effect and shall remain fully applicable, unless the invalid stipulation(s) were of a substantial nature and accordingly their deletion would call into question the contractual equilibrium.
In the event of any difficulties with the interpretation between any of the titles mentioned in the clauses herein, and one of the clauses, such titles shall be declared inexistent.
XVI. Applicable law and dispute resolution
These G.T.U. are subject to French law.
In the event of any dispute that may occur in relation to these G.T.U, their interpretation and consequences or with any addendums or modifications thereto, the Webuser shall meet with Jollyclick in order to try and reach an amicable solution. Any complaint made to Jollyclick must be made in writing.
Upon failure to reach an amicable settlement, the Webuser may decide:
- 1) To have recourse to amicable mediation within a maximum period of one (1) year as from the Webuser's written complaint made to Jollyclick by designating, (i) either a mediator of his choosing, (ii) or by having recourse to the online dispute resolution process at the following address: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage, it being specified that the mediation process proposed may not be considered as a preliminary for the Webuser to refer the matter before the competent courts.
- 2) To refer his claim before the competent French courts.
IF THE WEBUSER IS NOT AN INDIVIDUAL, IN THE EVENT OF A DISPUTE RELATING TO THE WEBSITE AND/OR THE SERVICES, THE INTERPRETATION, VALIDITY AND PERFORMANCE HEREOF, AND UPON FAILURE BY THE PARTIES TO REACH AN AMICABLE AGREEMENT, EXPRESS JURISDICTION IS GRANTED TO THE COMPETENT COURTS OF THE PARIS COURT OF APPEAL.