Table des matières
Explaynable, SAS with a capital of 1,000 euros 1,110.08, registered in the Paris Trade and Companies Register, under number 885 046 755, whose head office is located at 03 rue Niepce, 93110 Rosny-sous-Bois (hereinafter the "Company"), offers the services of the Yelly social network under these conditions.
The Company has developed the Yelly social network accessible at the address https://yelly.app/ , which allows registered individuals to discuss their educational background and share their experiences within higher education establishments.
Any use of the Yelly social network requires consultation and acceptance of these general conditions of use. The user acknowledges that the use of the Yelly social network requires compliance with all the requirements defined herein.
The user is required at each visit to be aware of any changes to these.
United States Residents: Please note that section 29.7 of these T&Cs contains an arbitration clause and a class waiver provision. These provisions affect how disputes between you and the Company may be resolved
The terms defined below will have the following meaning:
“Applications”: refers to the “Yelly” application developed by the Company and allowing Users to access the Services via:
a web application (or Progressive Web App) downloadable directly from the website https://yelly.app/ and executed from a web browser; Where
an Android application that can be downloaded for free from the Google Play Store on an Android phone; Where
an iOS application that can be downloaded for free from the Apple App Store on an iPhone or iPad.
“Content”: designates the information available on Yelly, and in particular messages, information on the User's profile, comments, opinions, testimonials published on Yelly, without the list being exhaustive;
“Personal data”: designates any information relating to an identified or identifiable natural person. An “identifiable natural person” is deemed to be a natural person who can be identified, directly or indirectly, in particular by reference to an identifier, such as a name, an identification number, location data, an online identifier, or to one or more specific elements specific to its physical, physiological, genetic, psychological, economic, cultural or social identity;
“Intellectual property rights”: designates any element protected by a provision of the French intellectual property code;
“Internet”: designates the network allowing the exchange of information using a protocol called TCP / IP. The data is routed through networks of a different nature which are capable of reading messages according to this technical standard. Each element of this network belongs to private or public bodies which operate them in cooperation without necessarily implying a quality bilateral obligation;
“Establishment”: designates any higher education establishment, public or private, such as universities, grandes écoles, specialized schools and institutes, without the list being exhaustive;
"Yelly": refers to the Yelly social network made available by the Company to Users, offering Services accessible via the Internet at the following address https://yelly.app/ or through the Applications;
“Services”: refers to all the functionalities accessible and usable online via Yelly, subject of these general conditions, including the linking of Users with a view to sharing experiences relating to their school career;
“User”: any natural person who creates an account and implements the Yelly Services free of charge.
The purpose of these general conditions is to define the conditions of access and use of Yelly and the respective rights and obligations of Users of Yelly.
4. Entry into force
These general conditions of use come into force on the date of their posting.
5. Acceptance and enforceability of the general conditions of use
The User can use Yelly and its Services subject to the prior acceptance of these general conditions of use.
The acceptance of these general conditions of use is formalized by a checkbox "I have read and I accept the T & Cs of Yelly" by the User at the time of his registration on Yelly and this, after he has consulted all of these. This checked box constitutes proof that the User has taken note of the said provisions and constitutes acceptance of these conditions.
The User, by accepting the general conditions of use, declares:
be aware that the Services are provided remotely;
be aware of the conditions under which Yelly operates;
have all the technical skills necessary to access and use Yelly in optimal conditions;
ensure that the prerequisites listed below in the article “Prerequisites for the User” are respected.
The Company reserves the right to make any modifications to these general conditions that it deems necessary and useful.
The general conditions of use appearing in link from Yelly prevail over any printed version of an earlier date.
The User can access the previous and archived general conditions by making a request by e-mail to the address: firstname.lastname@example.org
Any use of Yelly by the User after the modifications of the general conditions of use, implies acceptance by the latter of the new general conditions.
These general conditions of use are enforceable against the User as soon as they are accepted when registering with Yelly.
These conditions of use are enforceable for the duration of Yelly's use and until new general conditions of use replace these.
The User may at any time renounce using Yelly and the associated Services but remains responsible for any previous use.
6. Hardware compatibility
Before any use of Yelly, the User is invited to check the compatibility of his equipment with Yelly.
7. Prerequisites for the User
The User wishing to register on Yelly declares and acknowledges:
have read these general conditions of use and adhere to them without reservation;
be over 15 years of age;
have the technical skills and suitable equipment to use Yelly;
have a valid e-mail address;
have only one Yelly account in their real name;
not have been prohibited by the Company from using Yelly and its Services;
be informed that their commitment is acquired by clicking on the box "I have read and accept the Yelly T & Cs".
The minimum age is 15 years old. However, in the event that the law requires the User to be older for Yelly to legally provide the Services to him without parental consent (including the collection of his Personal Data), the minimum age would then be that stipulated by applicable law.
8. Accessibility of Yelly
Access to Yelly is free and open subject to access costs (Internet subscription, in particular) which remain the responsibility of the User, subject to subsequent modifications of these general conditions of use of the Service, which will be subject to upon acceptance by the User.
Yelly is normally accessible 24 hours a day, 7 days a week, subject to maintenance operations or emergency measures.
The Company strives to provide quality access and to allow Users to use the means of communication made available to them under the best possible conditions.
Due to the nature and complexity of the Internet network, and in particular its technical performance and response times for consulting, querying or transferring information data, the Company makes its best efforts, in accordance with the rules of the art, to allow access and use of Yelly. The Company cannot in fact ensure absolute accessibility or availability of Yelly.
However, the Company reserves the right, without notice or compensation, to temporarily or permanently close Yelly or access to one or more remote Services, in particular to carry out an update, maintenance operations, modifications or changes to operational methods, servers and hours of accessibility, without this list being exhaustive.
The Company is not responsible for any damages of any kind that may result from these changes or from a temporary unavailability or from the definitive closure of all or part of Yelly or the Services associated with it.
The Company cannot be held responsible for the proper functioning of the User's IT equipment as well as for their access to the Internet.
The Company reserves the right to supplement or modify, at any time, Yelly and the Services which are available there according to the evolution of technologies.
It is up to the User to ensure the possibilities of evolution of the IT and transmission means at his disposal so that these means can adapt to the evolutions of Yelly.
9. User registration
9.1 User registration through Yelly
Access to the Services is subject to registration on Yelly and the creation of an associated account.
The registration and the creation of the associated account are done by means of a text message verification.
Once the form has been correctly completed, a text message containing a verification code enables the user to complete the registration and the creation of his account.
The User guarantees the accuracy of the information provided for the purposes of his registration and undertakes to update this information regularly. In particular, he undertakes not to use a false identity.
The User can modify this information in his personal profile.
Information identified by the symbol (*) is mandatory.
9.2 User registration through a social network
The User can register and then access Yelly through another social network, such as Instagram, Facebook or SnapChat. The User then authorizes the Company to access and keep any information, data, text, message, photographs, contact lists and / or other information and documents accessible through Yelly, stored on the User's social network account. , to integrate them into Yelly in order to complete the User's registration.
Subject to the confidentiality settings recorded on the social network concerned, the information available on this social network allowing the User to be identified may also be displayed on Yelly.
The User's relationship with the social network is governed exclusively by the agreement concluded between the social network concerned and the User. The Company rejects any responsibility concerning the communication by a social network of information allowing to identify the User who would intervene in violation of the confidentiality parameters that the User has set on this social network.
9.3 Creating a profile
The User must necessarily create a profile that it is up to him to complete as he sees fit, provided that the information disseminated is true.
This profile allows the User in particular to provide his identity, a photograph, the link to his Instagram and Snapchat profile as well as all information relating to his school career (name of the Establishment, location of the Establishment, name of the diploma, start year and end year), and a summary of his career, interests, achievements and projects (hereinafter the “Bio”).
The User's profile is visible to all other Users, who can therefore access the information entered on his profile.
The User is solely responsible for configuring his profile. The User is free to choose the information he provides on his profile, which he can modify throughout his use of Yelly.
Yelly recommends that the User does not publish information on their profile allowing direct contact (email address or telephone number). Yelly will not be responsible for any misuse by third parties of this information.
10. Description of Yelly and related Services
10.1 Main Services
Yelly is a social network allowing Users to connect in order to discuss their school career and share their experiences within Establishments, via an instant messaging system.
allows registered individuals to discuss their educational background and share their experiences in higher education establishments.
A User registers and informs his current Establishment and, if applicable, the other Establishments he has previously attended. The User can also complete his Bio.
Each User can access the profiles of other Users and search for Users according to their city, Institution or degree.
The User can also chat with other Users, directly via Yelly's instant messaging, on professional topics, such as studies (courses, integration, etc.), business opportunities, Establishments, etc.
The User can chat with several Users at the same time on Yelly's instant messaging, via discussion groups created according to the city or the Establishment concerned.
Yelly is free for Users and
does not allow the User to make online payments;
it's not mandatory.
The Services are offered in French and may, at Yelly's choice, be offered in other languages.
10.2 Evolution of Services
The Company reserves the right to supplement or modify, at any time, Yelly and the associated Services according to the evolution of technologies, the needs related to the technique and the applicable regulations or to the free choice of the Company.
11. Utilisation de Yelly
11.1 Droit d’utilisation
The creation of an account allows the User to have a right to use the Services in a non-exclusive and revocable manner according to the conditions referred to herein.
The User is responsible for his use of the Services and his actions on Yelly.
The User also undertakes to use Yelly in accordance with these general conditions, the laws and regulations in force and to respect the rights of third parties.
The User is prohibited from:
to access or remain, fraudulently, in all or part of Yelly and to use an access method other than the interface made available by Yelly;
violate and circumvent security and authentication measures;
to delete or modify data contained on Yelly which has not been published by itself;
introduce viruses, malicious code or any other technology harmful to Yelly or the Services offered therein;
to use devices or software of all kinds which would have the effect of disrupting the proper functioning of Yelly;
to carry out any operation aimed at saturating a page, bounce operations or any operation having the consequence of hindering or distorting the functioning of Yelly.
In general, the User undertakes to report to the Company any failure of the Services or Yelly that he has noticed.
11.2 Connection to the personal space
11.2.1 Connection identifiers
The User has a username and password to access Yelly.
Passwords are strictly personal and confidential.
The User is solely responsible for the preservation and confidentiality of his password and other associated confidential data. He undertakes to take all useful measures to ensure this perfect confidentiality.
Any use of a password indisputably presumes a use of Yelly's Services by the User concerned.
In the event of loss of the password, the Company has set up a password recovery procedure, allowing the User to create a new password.
The User undertakes to notify without delay any loss, any forgetting or any voluntary or involuntary disclosure to third parties of his password. This notification should be sent to Yelly.
by email to the address: email@example.com . Only the date of receipt of this e-mail will prevail; Where
directly online via the "Forgot your password?" ".
The User undertakes to report to Yelly as soon as possible any fraudulent use of his account, his pseudonym or his respective password of which he is aware.
Yelly will promptly interrupt access to the Services and refuse all access under this password.
The Company then communicates to the User, within a reasonable time, the process to be followed to create a new password.
11.2.2 Access to the personal space
To connect to the personal space, the User enters his username and password.
The User cannot access his personal space using any other procedure.
In the event of a change in the connection procedure to Yelly, the Company will inform the User thereof by email. This information will never be communicated by telephone.
Access to the personal space is strictly reserved for the User. The User ensures the confidentiality of his e-mail address and password and prohibits its use by anyone.
The User must ensure that the entry and verification of his e-mail address and password are carried out under perfect conditions of confidentiality and security.
Yelly reserves the right to limit access to the personal space to certain operations in the event of a security risk.
Access to the personal space allows you to benefit from the Services offered by Yelly.
The User is solely responsible for the information and documents deposited and shared on Yelly, Yelly does not check the Content, it is therefore up to each User to check the information he publishes and shares on Yelly.
11.3 Use of personal space
Only one account can be assigned per User, natural person (same name, same first name, same telephone number).
In the event that any of the mandatory information to be provided turns out to be false, incomplete, obsolete, eccentric or offensive, Yelly reserves the right, without notice, to suspend or close the User's account and to refuse him the access to all or part of the Personal Space Services.
When all the formalities necessary for their registration have been completed, the User will hold a personal account, accessible by a username and a password.
11.4 Deletion of the account
The User may at any time stop using the Services and permanently delete his personal account via the “Settings” section by clicking on “Delete my account”.
The deletion of the account implies that the following Content will no longer be publicly visible: User profile and associated information.
Messages published via Yelly's instant messaging will not be deleted, but will no longer be associated with the identity of the User.
After deletion, the account will be deactivated immediately and the deletion process will begin. If the User logs in during the 14 days following the deletion request, the account will be reactivated and the deletion will be canceled.
Once the fourteen (14) day grace period has expired and the account has been deleted, the Content and profile will no longer be publicly accessible. This operation will then be irreversible and the User cannot, even if he has made an error, request that his account be reactive.
When the User deletes their account, Yelly deletes the associated Content. The User will no longer be able to retrieve this information afterwards.
Information about a User that other Users have shared is not part of the User's account and will therefore not be deleted. The Content may also have been posted or shared by others outside of Yelly. Deleting the account does not remove links or data hosted by third parties.
The closure of the account by the User automatically entails the termination hereof.
However, the User remains responsible for any use prior to the closure of his account.
11.5 Instant messaging
Yelly offers an instant messaging service allowing Users to exchange in private:
This Service only works between people registered on Yelly.
These messages are not public and are intended only for the recipient (s) of the message.
The User agrees to use this Messaging Service only in accordance with the legal provisions in force and in particular not to use this Messaging Service for prospecting purposes, in particular commercial.
Regarding messages, the Company does not check the Content and can in no way be held responsible.
12. Uploading of Content
Any User has the right to publish, free of charge and without compensation of any kind from Yelly, messages, opinions, testimonials, remarks, comments, without this list being exhaustive, on his school career (courses, integration, job opportunities , Establishment, etc.).
Consequently, Yelly does not offer any compensation for the Content published. These are the subject of a spontaneous approach on the part of Yelly Users.
The User must necessarily hold the intellectual property rights on the information he publishes.
Once the message has been published on Yelly, the User can no longer update or delete it.
Yelly does not intervene in the messages, comments, questions, answers or any other Content published by the User, which are not subject to any prior automatic control. Content is posted immediately on Yelly.
The User understands and accepts that:
Yelly is not responsible for and does not endorse such Content, including advertisements and information about third party products and services, job postings or information about an Establishment;
Yelly makes no warranty as to the accuracy, truthfulness, relevance, reliability or quality of any information in such Content; and
Yelly assumes no responsibility for Content not intended for this purpose, unacceptable, inaccurate, misleading or illegal made available by Users, advertisers and third parties.
In particular, the Content posted online must not have as its object:
the apology for crimes against humanity;
provocation to the commission of acts of terrorism and their apology;
incitement to racial hatred;
incitement to hatred against people because of their gender, sexual orientation or gender identity or disability;
incitement to violence, particularly incitement to sexual and gender-based violence, as well as attacks on human dignity;
commercial prospecting other than that implemented by Yelly.
In order to fight against the dissemination of this Content, Yelly provides the User with a device enabling him to report this Content.
13. Reporting of illegal content
Yelly allows the User to notify him of illegal Content published on Yelly. Thus, any User having doubts about the authenticity or legality of a Content can report it to Yelly, subject to giving reasons for this report.
This notification can be made by any User who identifies inappropriate or illegal Content. The notification is initiated under the sole and unique responsibility of the User.
As soon as the disputed Content is regularly communicated to Yelly, Yelly will withdraw it as soon as it appears to be manifestly illegal and, if necessary, will promptly inform the competent public authorities.
The User expressly acknowledges that Yelly will be entitled to suspend or delete, without notice or compensation:
any element, whatever the form, which would present a risk of infringement, with any of the provisions of these general conditions, with the laws and regulations in force and / or the right of a third party, of any nature whatsoever 'it be;
Illicit Content and in particular discriminatory, racist, defamatory, abusive, obscene, hateful or violent comments, without this list being exhaustive;
Content that has been notified by a third party through the reporting procedure for illegal or abusive Content;
Content for which Yelly has received a legal request;
Content that would harm its image or reputation;
Content which is intended to conduct commercial prospecting, other than that implemented by Yelly.
In one of these cases, Yelly may immediately suspend access to the account of the User concerned.
Yelly is not responsible for any damage caused by the removal of the Content for any of the reasons mentioned in the previous paragraph.
14. Deletion of Content
When technically possible, the User may at any time delete Content that he has uploaded to Yelly.
Yelly undertakes not to keep the deleted Content beyond the time necessary for the technical removal of the Content and the legal retention period for such Content.
The Company cannot be held responsible for the Content shared by the User, which despite their deletion, has been copied and stored by another User.
15. Methods of classifying profiles
In order to facilitate exchanges between Users, Yelly offers the User profiles whose relevance is assessed according to the city, the Institution or the diploma provided.
16. Push Notifications on Applications
When using Yelly via the Applications, the User may receive messages from Yelly (hereinafter the “Notifications”).
The User may in particular receive Notifications in the following cases:
upon receipt of a message on Yelly instant messaging;
when another User has clicked on their profile;
when another User informs the same Establishment as him.
The User can refuse to receive these Notifications at any time by modifying the appropriate parameters of the Application concerned or of his smartphone.
17. Hypertext links
17.1 Links set up by Yelly
The Company reserves the right to set up hyperlinks giving access to web pages other than those of its Platform.
The Company declines all responsibility for the content of the information provided on these sites for the activation of hyperlinks.
17.2 Links set up by the User
The User is prohibited from setting up a link in the direction of Yelly without the express prior authorization of the Company.
Under no circumstances can such an authorization be qualified as an implicit affiliation agreement.
In any event, the links to Yelly must be removed at the Company's first request.
Yelly declines any responsibility for the content of the information provided on these sites for the activation of hyperlinks posted by the User.
18. Advertisements and promotions
Yelly reserves the right to broadcast, free of charge or for a fee, advertising or promotional messages.
19. Security and availability
Yelly is an automated data processing system.
The Company implements the necessary means so that the Services are accessible 24 hours a day, 7 days a week. The Company also makes its best efforts, in accordance with the rules of the art, to provide a quality Service and to secure the Service in view of the complexity of mobile networks and the Internet. It cannot ensure accessibility or absolute and permanent availability of Yelly.
Maintenance interventions causing the unavailability of Yelly's Services are carried out as quickly as possible and the Company's Maintenance Department strives to optimize the service in order to minimize the inconvenience caused by it.
The Company is therefore bound to the User and, in accordance with the standards and customs in the matter, an obligation of means in the performance of the Service.
The Company reserves the right to make to Yelly and the Services it offers any modifications and improvements that it deems necessary or useful for the proper functioning of Yelly and the Services associated with it.
It is up to the User to ensure possible developments in the IT and transmission resources available to them so that these resources can adapt to Yelly developments.
The Company cannot be held responsible for any unavailability of Yelly or the Services, whether voluntary or not, if this is due to external factors in particular, technical reasons, network congestion, poor use of Online Services, failure of Internet service providers and communications and telecommunications operators. Likewise, the Company cannot be held responsible for damage caused to the operating system and to the functionalities of the equipment used as a result of interruptions or disruptions of the Services.
The User declares to accept the characteristics, limits and risks associated with the use of the Internet and mobile networks.
He acknowledges having knowledge of the nature of mobile networks and the Internet, and in particular of its technical performance and response times for consulting, querying or transferring information data.
The User must inform the Company of any failure of the Services as soon as he becomes aware of it via a notification to be sent to the Company by email at the address firstname.lastname@example.org . Only the date of receipt of this email will be binding between the parties.
The User is aware that data circulating on mobile networks and the Internet is not necessarily protected, in particular against possible misappropriation.
The User undertakes not to disrupt the proper functioning of this system. In particular, he takes care not to introduce viruses or any other software or technology harmful to Yelly, the Services offered there or the Company. He also agrees to take all appropriate measures to protect his own data and / or software from contamination by possible viruses and malware.
In particular, the User is prohibited from carrying out any operation aimed at saturating a page, bounce operations or any operation having the consequence of hindering or distorting the functioning of Yelly.
The User undertakes not to take any action which would impose a disproportionate load on Yelly's infrastructures.
Any access to or fraudulent maintenance in Yelly is prohibited and penalized. The same applies to any hindrance or alteration of the functioning of this system, or in the event of introduction, deletion or modification of the data contained therein.
The User undertakes to consider that all the data of which he will have become aware during such access to an unauthorized space are confidential data and therefore undertakes not to disclose them.
The Company reserves the right, without notice or compensation, to suspend or close temporarily or permanently all or part of Yelly or all or part of access to the Services to carry out, in particular, updates or any other operation of maintenance, or if the User:
compromises or attempts to compromise the quality of the Service or the safety of a third party;
behaves in such a way as to affect the integrity of the Services or IT systems of the Company or of its service providers or subcontractors.
Yelly is accessible in Saas mode, that is to say accessible via the Internet.
The Online Services are hosted on OVH company servers with the highest levels of guarantee and security. Unless otherwise stipulated, the Online Services do not include the delivery of media to the User.
The hosting of Yelly and associated Services is carried out on the territory of the European Union.
21. User obligations
The User undertakes:
not to commit any act of counterfeiting;
not to reproduce, download, represent, modify, all or part of Yelly;
not to disrupt the proper functioning of Yelly, and in particular not to introduce viruses or any other technology harmful to Yelly or the associated Services;
not to access Yelly and use its Services in a private capacity or unrelated to the purpose of Yelly;
to use Yelly fairly, in compliance with these general conditions, applicable laws and regulations, in particular laws relating to intellectual and industrial property, IT and the protection of personal data;
not to deposit, share or store any Content that is illegal or contravenes the law of July 29, 1881 on freedom of the press, or containing elements of pornography, child pornography or of a violent nature without this list being exhaustive or other Content that is inappropriate or of a private or unrelated nature to the subject of Yelly;
not to create or use accounts other than the one initially created, whether under their own identity or that of a third party, except with the prior written authorization of the Company. Otherwise, he incurs the suspension of his account and of all the Services associated with him under the conditions defined in the article "Suspension and exclusion";
not to develop or use software, devices, robots or any other means or technology aimed at performing Yelly web scrapping, Services and Content or copying profiles, extracting job offers or any other data available on Yelly;
to answer only questions about the educational path that he has actually followed.
The User is prohibited from collecting in any way whatsoever information on other Users, manually or automatically, without their consent, in particular with a view to sending unsolicited surveys or spam, chain mail electronic.
The User is responsible for the use of Yelly, the associated Services and his actions on Yelly. The stored information must not contravene the laws, national and international regulations in force.
22. Personal data
The automated processing of personal data implemented by the Company within the framework of the use of Yelly respects the obligations relating to Law n ° 78-17 of January 6, 1978 relating to computers, files and freedoms. , known as the “Data Protection Act” in force, to Regulation (EU) 2016/679 relating to the protection of individuals with regard to personal data of April 27, 2016, as well as to all other applicable regulations in this area. Protection of Personal Data.
For more details, the User can consult the Personal Data Protection Policy.
23. Retention of connection data
In accordance with the laws and regulations in force, the Company keeps the history of Users' connections to Yelly.
In order to comply with legal obligations relating to the storage and communication of data allowing the identification of any person who has contributed to the creation of Content posted online, the Company retains certain identification and traceability information for transactions carried out on Yelly, but also a copy of some of the Content uploaded by the User, even when deleted from the account by the User, for a period of one year from the event giving rise to the retention obligation.
24. Intellectual property
24.1 Property of the Company
Yelly taken as a whole, as well as each of the elements that compose it taken independently, in particular the specific programs and developments and the Content including data, texts, still or moving images, logos, sounds, graphics, files, are the exclusive property of the Company or third parties who have granted it a license.
These general conditions of use do not imply any transfer of any kind of intellectual property right over elements belonging to the Company or beneficiaries such as sounds, photographs, images, literary texts, artistic works, software, brands, graphic charters, logos for the benefit of the User.
The databases on Yelly are protected by articles L.341-1 et seq. Of the Intellectual Property Code and any qualitatively or quantitatively substantial extraction or reuse of the content of these databases is penalized.
The brands and logos appearing on Yelly are trademarks registered by the Company or by third parties. Any reproduction, imitation or use, total or partial, of these distinctive signs without the express authorization and in violation of the prohibitions provided for in Articles L.713-2 and following of the Intellectual Property Code engages the responsibility of their author.
The other distinctive signs, in particular the company name, trade name, sign, domain name, reproduced on Yelly are the property of the Company or of third parties and any reproduction without express authorization is likely to constitute an usurpation involving the responsibility of its author on the basis of article 1382 of the Civil Code.
Any total or partial representation of Yelly or one of its components without the express authorization of the Company is prohibited and would constitute an infringement likely to engage the civil and criminal liability of the infringer, sanctioned by articles L.335- 2 and following of the Intellectual Property Code.
The User is prohibited in particular from modifying, copying, reproducing, downloading, distributing, transmitting, commercially exploiting and / or distributing in any way the Services, the Yelly pages or the computer codes of the elements composing the Services and Yelly .
Only use in accordance with the intended purpose of this Platform is authorized. All other uses not expressly authorized in writing and in advance by the Company are prohibited and constitute infringement.
Consequently, the User refrains from any action or any act likely to directly or indirectly infringe the intellectual property rights of the Company.
24.2 User property
24.2.1 License grant to the Company
For the proper functioning of Yelly, the User grants Yelly a non-exclusive, free, transferable license to Yelly on the Content he uploads, including the possibility of granting sub-licenses.
This license gives the right to the Company, within the framework of the operation of Yelly:
reproduce or cause to be reproduced all or part of the Content on any media known or unknown to date;
to adapt, modify, develop, produce new versions of the Content, maintain them, update them, enrich them, associate them in whole or part with any text or legend, translate them into any language, to integrate them in whole or in part into all existing or future works, to make them derivative works and this on all known or unknown media to date;
to represent, distribute or have the Content distributed by any means and / or electronic, digital, IT or telecommunications media, to any public and for any telecommunications network.
The User accepts that Yelly will carry out operations of reformatting, modification of size, definition, coding of the Content that they publish in order to display them more efficiently, without changing the meaning of the Content.
The rights listed in this article are granted to the Company for the entire legal term of protection of intellectual property rights as recognized by present or future laws and for the whole world and as long as the Content has not been deleted. by the User or by Yelly.
The User also accepts that advertising or promotional messages are displayed on Yelly together with the Content that he publishes.
24.2.2 Sub-license grant to other Users
The Company grants other Yelly Users a non-exclusive, free, non-transferable license on the Content that a User places online, subject to the license provided for in the previous article "License grant to the Company".
This sub-license gives the right to other Users, within the limits of the functionalities authorized by the Company and these general conditions of use:
to access and consult the Content posted online;
reproduce or cause to be reproduced all or part of the Content on any media known or unknown to date;
to adapt, modify, develop, produce new versions of the Content, maintain them, update them, enrich them, associate them in whole or part with any text or legend, translate them into any language, to integrate them in whole or in part into all existing or future works, and this on all known or unknown media to date;
to represent, distribute or have the Content distributed by any means and / or electronic, digital, IT or telecommunications media, to any public and for any telecommunications network.
The rights listed in this article are granted to other Yelly Users for the entire legal term of protection of intellectual property rights as recognized by present or future laws and for the entire world and as long as the Content has not been deleted by the User or by the Company.
25. Liability of Yelly
25.1 General liability
Yelly cannot be held responsible:
the quality of the Service, the Service being offered "as is";
disruption in the use of Yelly;
the inability to use Yelly;
computer security breaches, which may cause damage to Users' computer equipment and their data;
Content uploaded by another Yelly User, insofar as he is not aware of it until the existence of this Content has been notified to him, in accordance with the provisions of article 6, I, 2 and following of the law n ° 2004-575 of June 21, 2004 for the confidence in the digital economy;
the infringement of the rights of Users in general.
25.2 Responsibility for information on Yelly
The Company cannot be held responsible for any direct or indirect damage which may result from the access or use of Yelly or of the information contained therein, whatever its nature.
The Company makes its best efforts to provide up-to-date information. All the information brought to the attention of people accessing Yelly was selected on a specific date.
The information on Yelly reflects an opinion at the time of its realization and not at the time of consultation with Yelly. They may require an update which may or may not have taken place on the date of their consultation for technical reasons.
The Company cannot be held responsible for any errors or omissions. Any update, new service or new feature which improves or increases one or more existing information content will be subject to these conditions.
The Company declines any responsibility concerning the appropriateness of decisions and the modalities of their execution taken by Users on the sole basis of the information published on Yelly.
26. Responsibility of the User
The User undertakes not to use Yelly's Services as well as all the information to which he could have access except for a purpose in accordance with public order, good morals and the rights of third parties.
The User undertakes not to disrupt the use that other Users of Yelly could make, not to access the accounts of third-party Users and not to access parts of Yelly to which access is restricted.
The User guarantees Yelly against any action, claim, claim or opposition, whatever the form, object or nature, from any person invoking in particular an intellectual property right and / or an act of competition. unfair and / or parasitic and / or an invasion of privacy and / or any other breach of applicable legal and regulatory provisions, and which relates, directly or indirectly, to the Content communicated by the User.
In this case, the compensation and costs of any kind spent by Yelly to ensure its defense, including the costs of advice, the costs of proceedings, the costs of a bailiff or any expert, as well as all damages, costs and sums due under article 700 of the Code of Civil Procedure which may be pronounced against them will be borne by the User.
27. Judicial requisition
The User is informed that his identification data may be communicated by Yelly to third parties if a court decision is rendered to this effect.
In general, Yelly reserves the right to access, read, store and disclose any information necessary to satisfy any legal process or administrative request.
28. Suspension and exclusion
Any use of Yelly contrary to these general conditions of use entitles the Company, after having notified the User thereof, to suspend the account, to delete the Content without delay, to remove access to such Content or to prohibit the User from accessing all or part of Yelly, without prejudice to any damages to which the Company may claim and the remedies that may be offered to him.
In the event of suspension of the User's account, and after formal notice sent to the User concerned by e-mail which has remained ineffective for a period of five (5) calendar days from its sending, the Company will be entitled to close the account of the User concerned without compensation. All User-related Content will then be deleted from Yelly.
The closure of the account by the Company under the conditions provided for in this article automatically entails the termination hereof.
The Company can in no way be responsible for the consequences of a suspension or closure of the User's account.
If the Company proceeds to close the account due to use of Yelly contrary to these terms, the User undertakes not to create a new account without authorization.
The Company reserves the right to delete the User's account due to the User's prolonged inactivity for a period exceeding two years, subject to informing the User thereof within a reasonable period of notice.
In the event of the User's death, Yelly may delete the User's account upon production of supporting documents and in particular the death certificate. The account can only be transmitted to the rights holders of the User by court order or if the User has defined directives relating to the storage, erasure and communication of his Personal Data after his death. from Yelly.
The User (and failing that his beneficiaries) remains responsible for any use of his account prior to the closure of this account.
29. Final provisions
The parties mutually agree that the fact that one party tolerates a situation does not have the effect of granting the other party acquired rights.
In addition, such tolerance cannot be interpreted as a waiver of the rights in question.
In the event of interpretation difficulties resulting from a contradiction between any of the titles appearing at the head of the clauses and any of the clauses, the titles will be declared non-existent.
If one or more stipulations hereof are held to be invalid or declared as such in application of a law, a regulation or following a decision which has become res judicata of a competent court, the other stipulations will keep all their strength and reach.
These general conditions of use of Yelly cancel and replace all quasi-contracts, implicit and explicit commitments, promises having the same object as the present ones.
However, the purpose of this clause is not to prevent the use of said documents but to assess from a legal point of view the quality of the consents exchanged during the formation hereof.
29.5 Convention of proof
The acceptance of these general conditions of use by electronic means has, between the Company and the User, the same probative value as the agreement on paper.
The information that is legally required, or in application of professional rules and practices or of the state of the art, with a view to the conclusion hereof, may be transmitted between the parties by e-mail.
The same applies to letters sent in application of the execution hereof.
The User expressly accepts the use of this means in application of article 1126 of the Civil Code.
The computerized registers, kept in the computer systems of under reasonable security conditions, will be considered as proof of communication and sending of the registration forms, as well as of the various transmissions of information by to allowing it to ensure the desired treatments by.
The archiving of the various registration and information forms must be carried out on a faithful and durable medium.
In the event of a conflict between the computerized registers and any document on written medium or electronic file, it is expressly agreed between the parties that the computerized registers will take precedence over the documents and will be the only ones admitted as proof.
29.6 Applicable law and competent jurisdiction
These general conditions of use of Yelly are governed by French law.
This is the case for the substantive rules and the formal rules, notwithstanding the places of performance of the substantial or ancillary obligations.
In the event of a dispute, the User first addresses a complaint to the Company, at the address email@example.com in order to find an amicable solution.
Failing an amicable solution, any dispute concerning all relations of a contractual or extra-contractual nature will be referred to the competent court of the jurisdiction of the court of justice of Paris, notwithstanding a plurality of defendants or a referee action or appeal. OR AS A CONSERVATORY MEASURE.
IF YOU ARE A CONSUMER AND YOU USUALLY RESIDE IN A MEMBER STATE OF THE EUROPEAN UNION, THE LAWS OF THAT MEMBER STATE WILL APPLY TO ANY CLAIM, ANY CAUSE OF ACTION OR ANY LITIGATION AGAINST THE COMPANY , WHICH FLOWS FROM OR IN CONNECTION WITH THESE TERMS OR THE YELLY SERVICES, AND YOU MAY RESOLVE THE DISPUTE BEFORE ANY COURT OF THAT MEMBER STATE WHICH IS COMPETENT TO DECIDE.
29.7 Arbitration clause
If you are a US resident then the following clause applies to you. This section also applies to our partner Yoti (USA) Inc for the processing of personal data where Yoti (USA) Inc acts on our behalf in performing the age estimation and liveness checks.
Any dispute or claim relating in any way to these terms and conditions or your use of the apps will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these terms and conditions as a court would. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered address. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person at a mutually agreed location. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in a state or federal court in [California] to enjoin infringement or other misuse of intellectual property rights.