I. Legal information
The Website www.jollyclick.com (hereafter the “Website”) and the services defined herein are edited, exploited and provided 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 Service
The purpose of these General Terms and Conditions of Service (hereafter the “G.T.S.”) is to define the conditions in which Jollyclick makes available certain Services on the Website for Talents, which are subject to a prior registration and complete the G.T.U. available by clicking here.
These G.T.S. shall prevail, as necessary, over the G.T.U.
If there is any contradiction between the French language version of the G.T.S. (here) and the translation, the French language version shall take precedence.
The access to these Services proposed on the Website is exclusively reserved for an adult audience.
The Talents are the Website users who have setup an Account according to the conditions and terms defined hereafter.
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 the General Terms and Conditions of Use accessible by clicking here
- G.T.S.:shall mean these General Terms and Conditions of Service
, which is an integral part of these G.T.S.
- Account: the Talent’s personal space solely accessible with 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 simplifed joint-stock company, the registered office of which is 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
- Mail box: shall mean the free Service made available for the Talents by Jollyclick to enable them to exchange emails from the Website
- 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
- Rules of diffusion: shall mean the conditions defined in Appendix 1 hereto, accessible via the following link, and modifiable at any time, which must be respected for each Project:
. The violation, regardless of the rule concerned, may enable Jollyclick to withdraw/suspend the Project and exercise any of the specific measures set forth in Article XI
- Services: shall mean the functionalities and services, free of charge, such as defined in Article VII made available to the Talents and accessible from the Website, and for certain services, following the prior creation of an 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
V. Scope of application, acceptance and modification of the G.T.S.
The purpose of the G.T.S. is to define the conditions in which the Talents may consult the Website, setup their Account and, accordingly, benefit from the Services.
These G.T.S. shall automatically apply to any use of the Services.
The G.T.S. may be subject to modifications, the G.T.S. applicable are those in force and accessible on the Website on the date of the Talent’s creation of an Account, then, in the event of modification, on the date of access to each of the Services.
VI. Registration to the Website and the setup of an Account
A. Registration on the Website
To be a Talent, it is necessary to be at least aged 18 years on the date of registration and to fill out all the obligatory boxes in the forms used for the collection of the Personal Data necessary for the setup of an Account, and the use of the Services.
By completing the registration form on the Website, the Talent represents and warrants that he is fully apt to do so.
Similarly, the Talent guarantees Jollyclick that his Personal Data is accurate, up-to-date and complete concerning his identity and contact details. In particular, he undertakes to provide a genuine and valid email address, for which he is the owner.
The Talent also undertakes to update his Personal Data (in particular, his email address), as soon as there is any modification thereto, in order to ensure the accuracy of such information, and shall do so via his Account.
The Talent acknowledges that Jollyclick reserves the right to audit his Personal Data, in particular, in the event of a third party report, in particular the Webusers, and to suspend or cancel the Talent’s access to his Account, and therefore remove the possibility of access to the Website and benefit from the Services, in the event whereby the Talent failed to respect these registration procedures and, in particular, if he provides false, inaccurate, incomplete Personal Data or if such data has not been updated.
Under no circumstances shall Jollyclick be held liable with regard to Talents or third parties, for any error, omission or inaccuracy with regard to the Personal Data communicated by the Talent upon his registration, in the same manner as for updates made by the Talent.
Upon the creation of his Account, and then at any time, the Talent is asked to complete his identification and characteristics and his essential information, i.e., name, first name, age, gender, geo-tracking, skills, interests, email address, telephone number, intended types of association, availability, personality, human qualities, objectives, requirements, experience, training, languages spoken and a biography are accessible on his Profile.
The Talent is informed that these characteristics, which he voluntarily provides and which are accessible on his Profile, may be used by the other Talents as a search filter on the Website.
The equipment enabling access to the Website and all the telecommunication expenses incurred through their use, shall be assumed by the Talent. Accordingly, the Talent shall take all the appropriate measures to protect his Personal Data, information and/or software from any corruption by any virus, in particular, resulting from the Internet network.
B. Identification elements
The Talent shall have his identification Elements at the end of the account setup process.
The identification Elements are strictly personal; the Talent undertakes to ensure that they remain confidential and not to disclose them to third parties. The Talent is the only party authorized to access and make use of the Services with the assistance of his identification Elements.
Any access to the Services with the Talent’s identification Elements is automatically deemed to have been made by the latter and under his responsibility.
Accordingly, in the event of loss, theft or any fraudulent action with regard to the identification Elements, the Talent shall be responsible for informing Jollyclick as soon as possible and shall also provide proof of his identity by any means upon providing such information.
Upon receipt of a duly justified notification, Jollyclick shall send an email to the Talent enabling him to update his identification Elements and the latter must ensure their absolute confidentiality.
If Jollyclick has a legitimate reason to believe that the Website security has been violated and/or that a malevolent use of all or part of the Services would be due to an unauthorized use of the identification Elements of one or several Talent(s), Jollyclick may temporarily suspend the access to such Talent’s Account, and accordingly his access to the Services, to protect the integrity of the Website and the data, and if necessary, require that the Talent modify his identification Elements, following jollyclick’s instructions.
Furthermore, if the Talent selects a pseudonym for the identification Elements enabling him to access his personal Profile that would be considered to be inappropriate, contrary to public morals or were to violate a third party right, Jolllyclick reserves the right to suspend the access to such Account.
VII. Description of the Services provided by Jollyclick
The setup of an Account offers any Talent the possibility of an unlimited access to the Services during the entire period of access and validity of his Account.
The Talent is free, at any time, to cancel the access to the Services and request the deletion of his Account, which he can do so through his own Account.
The access to certain Services, in particular those mentioned hereafter, is subject to the setup of an Account.
In order to post a Project online, the Talent must complete the following steps:
- Connect to his Account;
- Click on the “create a project” button;
- Fill out the registration channel and provide the Project information;
- Download the Content, as the case maybe, to be mentioned in the Project;
- Click on the “post” button and post the Project online;
- Provide additional information on the Project by connecting to the registration channel.
The Projects are posted on the Website for an unlimited duration and shall remain there, even if the Talent deletes his Account. In this case, Projects are then linked: either to the Talent with the highest administrative rights, or to the first Talent who joined the Project after the Talent whose Account has been deleted.
The Project must respect the Rules of diffusion.
At any time during the posting of the Project online, the Talent with sufficient rights for this purpose has the possibility to modify or adapt the content of his Project by connecting to his Account.
By including a Project, the Talents benefit from various functionalities enabling them to interact together, such as: a person messaging system, open to all, a Project generator, Events generator, Discussions generator, an Opinion Poll generator, a personal Dashboard providing the statistics for the use of the Website, a Talent search page, with search filters, a Project search page with search filters and a news feed, etc.
In order to join a Project posted on the Website, the Talent is asked to send a request to join the Project to whom the Talent, as Project owner, will have granted sufficient administrative rights, if the latter has previously accepted his request.
The Talent, as a Project candidate, shall be informed that the Talent, owner of the Project, has no obligation to accept or refuse a Talent for an integration to his Project.
The Talent, owner of the Project, is similarly informed that other The Talent, as a Project candidate, have no obligation to accept to integrate a Project or, assuming they have integrated it, to participate in it in a (pro)active way.
The Talent candidate is informed that the Talent, owner of the Project, may setup a selection process, at the latter’s exclusive discretion.
In order to post an Event, the Talent must complete the following steps:
- Connect to his Account;
- Go to the Events and/or News section and click on the “create an event” button;
- Enter information on the Event by fixing a completion date and other additional information;
- Download, as the case maybe, any Content to be mentioned on the Event;
- Click on the “post” button and complete the posting of the Event online.
The Events are posted on the Website for an unlimited duration (including after their completion date) and shall remain there, even if the Talent deletes his Account.
The Event must respect the Rules of diffusion.
At any time during the period for posting the Event, the Talent, organizer of the Event, is entitled to modify or adapt the content of his Event by connecting to his Account.
By including an Event, the Talents benefit from various functionalities enabling them to interact together, such as: a person messaging system, reserved for the Talents members of the Event, an Opinion Poll generator and to post Content for the attention of other Talents participating in the Event, etc.
Any Talent may participate in an Event, subject to the rules of posting the Event online, which are set by the Talent and proposed by the Website.
Jollyclick shall not participate in the organization of an Event and does not entitle the editing or selling of tickets for a physical demonstration related to an Event.
3. Posting online
Each Talent may post Content on the Site, in particular as part of a Project if they have sufficient rights to do it.
Such Content is related to the Talent’s Profile or to the Project at the origin of the Content and is accessible to all the other Talents, subject to the rules of posting the Content online that are set by the Talent and proposed by the Website.
The Content may be commented upon by other Talents or participants in the Project, through their own Contents.
The Content must respect the Rules of diffusion.
The Content may be deleted or modified at any time by the Talent provided that it has sufficient rights from one of the Talents participating in the Project under whose name the Content was published.
4. Messaging System
Any Talent may contact another Talent by using the messaging system on the Website, upon connecting to his Account, the messaging system is accessible, in particular, from the Talent’s Profile page.
Jollyclick respects the privacy of correspondence. The privacy includes the content of the messages exchanged from the Messaging system, the correspondents’ identities and, as the case maybe, the message titles and the documents attached thereto.
Jollyclick may nonetheless communicate all or part of the messages exchanged with the assistance of the Messaging system if required by a competent court or administrative authority.
In this regard, the Talent shall be informed, and acknowledges and accepts that Jollyclick is entitled to a continuous right of access to the messages exchanged between the Talents, in particular to report any non-respect of these G.T.S or the G.T.U.
The Talent undertakes only to use the Messaging system for the purposes of private correspondence exchanges and undertakes not to use such Service to send unsolicited or unauthorized emails (“spamming”), for any intrusion into I.T. systems, any unlawful transfer of information or documents and, more generally, undertakes not to accomplish any unlawful acts via such Service.
Courtesy is a key factor for any electronic messages exchanged on the Website.
5. A Talent’s personality test
The Website offers the Talent to sit an optional personality test.
The Talent is asked to answer a certain number of questions, which, according to an algorithm developed by Jollyclick enables a graphic chart to be generated with details of the Talent’s personality, which is accessible exclusively by the Talent.
The Talent’s five (5) most distinctive personality characteristics shall be identified with the use of icons attached to the Talent’s Profile and accessible to the other Talents.
The Talent can delete the results of the personality test at any time.
The Talent has an unlimited opportunity to retake the personality test every thirty (30) calendar days from the date of completion of the last personality test.
The personality test and the results obtained shall not have any repercussions on the use of the Website or the Services.
VIII. The Talents’ commitments and obligations
A. The Talent’s obligations
The Talent undertakes not to:
- use his Account or generally, upon use of the Website and the Services, from participating in acts, of any kind whatsoever, such as the issuance, edition, posting online of data or Content that is illegal, violates public policy or violates Jollyclick’s rights, the rights of other Talents or those of third parties;
- post Content on the Website and/or with the assistance of the Services and/or post unlawful Projects and/or unlawful Events, and, in particular, which violate third party rights, breach an applicable law, in particular the Law dated July 29, 1881 concerning press freedom, and/or would constitute an infringement or the violation of any intellectual property right, know-how, trade secret, or third party personality rights (privacy, right of image, etc.), which may be subject to an unfair competition action and/or parasitism action for free-riding, such as more generally, for any liability action;
- generally, the Talent must respect the intellectual property rights related to the Content provided by the other Talents or third parties. Each Talent undertakes not to reproduce or communicate Content on the Website or any of its Services, without the authorization from the Content’s rights holders;
- post Content on the Website and/or with the assistance of the Services and/or post Projects and/or Events that promote hatred or violence, threats, promote pornography for pimping, pedophilia, I.T. piracy or proselytism or content that includes nudity or free violence, in the same manner as for any liability action;
- post Content or a Project which would be contrary to the Rules of diffusion;
- post Content or publish a Project that would be contrary to jollyclick's legitimate interests;
- obtain information concerning the Talents, the Content posted and/or the Projects and/or Events, with the assistance of automated methods (such as robots, spiders, etc.);
- download viruses or other malevolent codes to the Website;
- replace any security functionality, circumvent or avoid any access control to the Services;
- unduly request or obtain login details and/or access an Account belonging to another Talent;
- intimidate and harass other Talents;
- post official documents or financial information concerning another party;
- promote Content and/or carry out Projects and/or organize Events related to alcoholic beverages or for adults without any age restriction for access;
- propose competitions or lotteries ("promotions"), without Jollyclick’s prior written consent;
- act in a manner that could prevent the proper functioning of the Website and/or the Services;
- enable and encourage the non-respect of any of the measures herein;
- create several Accounts/Profiles: the Talent undertakes only to setup one Account. If Jollyclick deletes the Account and a fortiori a Talent’s Profile in the event of the non-respect hereof, in the conditions referred to in Article XI herein, the Talent undertakes not to setup another Account without Jollyclick’s prior authorization;
- communicate his identification Elements to a third party or enable another person to access his Account or to do anything that could jeopardize his Account’s security;
- use the Website and/or the Services upon the impersonation of a third party’s identity, including a legal entity (such as Jollyclick) or by wrongfully alleging to legally represent a third party, including a legal entity (such as Jollyclick);
- use the Services for purposes other than those intended;
- encourage other Talents to circumvent one of the aforementioned rules.
B. Specific provisions relating to the Content and its posting online
If the Talent deletes his Account, his Profile becomes invisible on the Site for other Talents and the Profile is no longer accessible there.
When the Talent has initiated or participated in a shared discussion with other Talents or when the Talent has sent a message to another Talent, its Content shall remain posted even after the deletion of his Account, it being understood that the Content will remain associated with the words "User deleted" or "Talent deleted" or any other equivalent expression.
IX. Duration of the Services
The access to the Services is provided for an indefinite duration.
X. Service access and availability
Jollyclick shall make its best endeavors in order to make the Services available every day and around 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 required. Such discontinuation of Services and/or the Website may not give rise to any indemnification for the benefit of the Webuser.
In this regard, Jollyclick is obliged to adhere to a best efforts obligation.
Jollyclick, which ensures the technical service enabling the Talents to use the Messaging system, is only subject in this regard, to a best efforts obligation, and shall not be held liable for any failure and/or delay in sending or the receipt of messages and the Talents’ use made of the Messaging system shall not bind Jollyclick.
XI. Suspension of the Services and the Talent’s Account
Jollyclick reserves the right to delete messages which are sent as a mailing by a Talent via the Messaging system, in order to ensure that correct use can be made of this service by all the other Talents.
Jollyclick may also suspend the Talents’ visibility if they make an automated use of the Services. A presumption of an automated use of the Website exists when the Talent posts Content at a rate which is impossible to be made physically or manually.
Accordingly, the Talent shall be notified of the suspension of his visibility and may contact Jollyclick to remedy this situation.
The Talent acknowledges that Jollyclick, as the host of the Content posted by the Talents, shall not exercise any control a priori on the Content and data provided to the Webusers via the Services accessible on the Website such as the Projects and Events and that Jollyclick is not required by any general surveillance obligation on the Content, Projects and Events posted on the Website.
As it only has the role of host for the content accessible online, within the meaning of the provisions of the law for confidence in the digital economy, no.2004-575 dated June 21, 2004, Jollyclick may only intervene in the Content, Projects and Events posted online in the context of the Services if an unlawful use has been reported by a Talent via the following email address: email@example.com.
In the event of notification by a third party who considers that any Content, Project or Event posted on the Website is evidently unlawful, including by any search warrant by a competent court authority, Jollyclick reserves the right to automatically delete all or part of the Content or Event posted by a Talent on the Website, which would violate these G.T.S. or which would be evidently unlawful.
The Talent acknowledges and accepts that if he presents Content posted by a Talent or a Project or Event as being unlawful with the sole intention of obtaining its deletion or the cessation of its posting online, whereas he is aware that this is not the case, he may be subject to a criminal penalty.
Furthermore, in the event of non-compliance with any of the obligations herein, without this list being exhaustive, the Talent acknowledges and accepts that Jollyclick shall be entitled to suspend and/or cancel the access to his Account and all the Services, without this suspension and/or cancellation resulting in any indemnity. Jollyclick shall inform the Talent by email.
XII. Posting online
Jollyclick reserves the possibility to post advertizements or promotional messages on the Website, in particular, for Services.
A. Limitation of liability
The Talent is solely liable for the use that he makes of the Services and the Content that he posts on the Website, including any Projects, Events and his Profile.
Jollyclick may under no circumstances be held liable for any inaccuracy, illegality or inadequacy of Content provided by the Talent or in the event of damages resulting from the use of Content provided by à Talent.
Jollyclick may under no circumstances be held liable in the context of proceedings initiated against a Talent, who has made a non-compliant use of the Services.
The Talent 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 posting of Content.
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 online, Jollyclick’s liability may not be incurred in the event whereby the content on such third-party Websites violated the applicable legal and/or regulatory provisions.
The Talent is also informed that the Projects and the Talents are accessible by the Talents and the Webusers, subject to the rules for posting content online, set by the Talent.
Accordingly, the Talents and the Webusers have the opportunity to use a tool made available on the Website enabling a refined search to be made by entering various criteria.
The search results and display of Projects, and their order of display shall be made automatically through algorithms and shall depend upon various criteria (entry of the search criteria by the Talents and Webusers, Project content, conditions for drafting the Project’s text, conditions for posting a Project online, registration to an Optional Service, etc.) on which Jollyclick has no influence.
Accordingly, Jollyclick may under no circumstances be held liable concerning the order of display of Projects and/or their listing following a search made by a Talent or a Webuser.
Finally, Jollyclick may not be held liable in the event of the non-respect of the legislation of a foreign country where the use of the Services and/or downloads was accomplished.
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 Talent, for any reason whatsoever, in particular, strikes, storms, earthquakes or any force majeure event;
- in the event of use of the Services by a Talent under conditions that were non-compliant to these G.T.S;
- 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, even if Jollyclick was informed of the potential damages that could result therefrom.
Jollyclick may not be held liable for any dysfunction of any kind whatsoever relating to the Talent’s I.T. equipment and his Internet access connection.
B. Content posted on the Website by a Talent
The Talent is solely liable for the use that he makes of the Site and Services, and, more generally, for any operation that he makes from his Account.
The Talent is solely liable for his data and information that he posts on the Website, in particular, in Projects, Events, and any Content that he has provided, whether such data is accessible or provided to the public via the Website, a Project, Event, indirectly by hypertext links or whether such data was provided to a third party by email or whether it is accessible from his Profile on the Website.
When the Talent clicks on this Content, third party offers and/or hypertext links making reference to third party Websites, he must be informed of the specific conditions for each third party offer and in the same manner as for general terms and conditions of sale, use and privacy statements applied by these third parties and available online.
Jollyclick does not have any control over the Content on these third party Websites and declines any responsibility in this regard or for any prejudice or damage that may occur from use thereof.
In the event whereby, according to the Talent, a third party offer were to include illegal or inappropriate content, the Talent must report this to Jollyclick via the following email address: firstname.lastname@example.org.
C. 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 Article 1218 of the French Civil Code.
XIV. Miscellaneous Provisions
A. Correspondence - Proof
Unless expressly stated herein, the correspondence exchanged between Jollyclick and the Talent is mainly sent by email.
In accordance with Articles 1366 et seq. of the French Civil Code, the Talent acknowledges and accepts that the information issued by Jollyclick by email and 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 Website, or as authenticated by Jollyclick’s electronic procedures, unless the Talent provides written proof to the contrary.
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.S.
These G.T.S. express all the obligations for Jollyclick and the Talent 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 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.
XV. Applicable law and dispute resolution
These G.T.S. are subject to French law.
In the event of any dispute that may occur in relation to these G.T.S, their interpretation and consequences or with any addendums or modifications thereto, the Talent 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 Talent may decide:
- To have recourse to an amicable mediation within a maximum period of one (1) year as from the Talent’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 Talent to refer the matter before the competent courts.
- To refer his claim before the competent French courts.
IF THE TALENT IS NOT AN INDIVIDUAL, IN THE EVENT OF A DISPUTE RELATING TO THE APPLICATION, 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.