general terms of use

General conditions of use of the application Eleven Life

 

Preamble

 

These General Conditions of Use (hereinafter the "Terms of Use") are concluded between Eleven Life and any person having the quality of User (hereinafter "you", "your", "your" , or "User"), hereinafter referred to collectively as the "Parties".

Before using the services (hereinafter the "Services") offered by Eleven Life, we invite you to read these Terms of Use carefully. By becoming a User, you agree to abide by these Terms of Use. This commitment is effective by ticking the box "[I have read and accept the terms and conditions of use of the application Eleven Life]" located on the registration form.

 

Article 1. Definitions

The following terms have the following meanings in these Terms of Use:

"Application" means the Eleven Life mobile app available on Apple and Android smartphones.

"Terms of Use" means this agreement between you and Eleven Life.

"Services" means all the services accessible via the Application as described in Article 3.

"User" means a person registered in the Services.

 

Article 2. Conditions of access and registration for services

2.1 General conditions of access to the services of the Application

Equipment (smartphones, software, means of telecommunications ...) and expenses of any kind allowing to access the Services are the sole responsibility of the User.

Those wishing to access the Service are invited to register using their Facebook credentials. Registration is free and gives access to the Services described in Article 3.

When registering for the Service, the following information is retrieved from the Facebook account:

- First name

- Birth date

- E-mail adress

- Profile picture

 

Users are then asked to record a profile video with the front camera of their smartphone.

The User guarantees that the data he communicates are accurate and in conformity with reality. He undertakes to inform Eleven Life without delay in the event of a change in the data he provided when registering and, if necessary, to make the changes himself within the Application.

When the conditions for registration are met, each User has a login and password that are strictly personal and confidential. These must not be communicated or shared by the User with third parties.

Except in case of personal fault of the company Eleven Life, the User will be solely responsible for the use of identification elements by third parties or actions or statements made through his account User, whether fraudulent or not, and guarantees the company Eleven Life against any request in this respect. In addition, the company Eleven Life is not obliged and does not have the technical means to ensure the identity of people registering for its Services. If the User has reason to believe that a person uses his identification or account, he must immediately inform Eleven Life.

 

2.2 Quality of User

To be a user, it is necessary:

- to be at least 18 years old;

- not to have been deprived of his civil rights;

- to have read, understood and accepted the Terms of Use;

- To have filled in the mandatory fields of the registration form;

- Not to have had his User account terminated for breach of the Terms of Use or applicable laws.

 

Article 3. Description of the Services

The Application is an online dating application prohibited to minors.

The sole purpose of the Application is to provide an entertainment platform to promote meetings based in the geographical scope of the User.

Instant messaging

When two users validate, they have the opportunity to exchange in an instant messenger available in the application.

 

This instant messaging also allows Users to exchange:

- Photos

- Audio messages

- Video messages

- "GIF" images

- "stickers" images

- Audio calls

- Video calls

 

Users may, following an exchange in this e-mail, agree on a date and an appointment in real life through a dedicated interface available in the Application.

 

Hangout Mode

Hangout Mode allows Users to meet other users who wish to share a selected activity in a list of activities offered by the Application.

An additional video is requested to use this service.

Travel Mode

 

Travel Mode allows Users to meet new people in a foreign city during a trip.

Travel dates are collected as well as an additional video.

 

Article 4. Obligations and Liability of Users

4.1 Obligations of Users

Each User has the obligation to:

• Respect the laws and regulations in force and not violate public order;

• Be honest and truthful in the information provided to Eleven Life and, where applicable, to third parties, including all other Users;

• Use the Application in accordance with the purpose described in these Terms of Use;

• Do not upload photos of a third party;

• Respect intellectual or industrial property rights;

• Respect the confidentiality of correspondence and the privacy of other Users;

• Not to divert the purpose of the Application to commit crimes, offenses or contraventions punishable under the Penal Code or any other law;

• Do not attempt to divert Users to another competing application, site, or service;

• Do not seek to undermine the meaning of Articles 323-1 et seq. Of the Penal Code to the automated data processing systems implemented to put the Application on-line;

• Do not publish any information, message or any other content contrary to these Terms of Use, applicable laws, regulations or morality, and in particular counterfeit content, or even defamatory or abusive texts or that constitute discrimination, incitement to hatred or violence, invasion of privacy, endangering minors;

• Do not spoof the identity or status of a third party or other User of the Application;

• Use the instant messenger tool in a lawful, cordial and benevolent manner, respecting third parties and other users of the Application;

• Do not use the Services for soliciting or prostitution purposes;

• Do not use the Application to massively send unsolicited messages (advertising or otherwise);

• Do not organize an event or group meeting using the Services made available to Users in the Application.

 

4.2 User Responsibility

Each User is solely responsible for all information, content and correspondence that he uploads via the Application. Eleven Life exercises no moderation of the content published by the Users and shared via the Application.

The User is also solely responsible for the use of the data that he consults, queries and transfers from the Application.

In the event that the liability of the company Eleven Life would be sought due to a breach by a User to the obligations incumbent on him under the law or these Terms of Use, the User undertakes to guarantee the company Eleven Life against any conviction pronounced against him or amicable compensation. This guarantee covers both any compensation that may be paid, as well as the legal fees and legal costs that would be borne by Eleven Life.

Eleven Life has no control over the external sites and sources to which hypertext links placed by Users on the Application are redirected and can not be held responsible for their content. As such, Users are invited to interrupt their consultation and to alert Eleven Life in the event of discovery of such a hypertext link pointing to a site or an external source whose title and / or contents constitute a violation of French law.

 

Article 5. Obligations and liability of Eleven Life

5.1 Obligations of Eleven Life

Eleven Life undertakes to provide Users with a service that complies with the rules of the art and the law.

The Configuration required to benefit from the Services via the Application is:

- Android operating system [version] or

- iOS operating system [version]

Eleven Life is not responsible for the compatibility of the terminals of Users using the Android or iOS operating system.

 

5.2 Liability of Eleven Life

Eleven Life is not responsible for any fraud, identity theft or other criminal offenses committed by Users through the Application and Services made available to them, or any infringement of the image or to the privacy of a third party committed under the same conditions.

Eleven Life is not legally obliged to verify the real identity of the Users and is not able to guarantee the identity of Users encountered on the Application. Eleven Life disclaims all liability for physical meetings between Users following the use of the Services. The organization of these meetings "in real" is done under the sole responsibility of Users. It is necessary to take certain precautions during such physical meetings with other Users: notify a relative of this appointment, choose a public place, etc.

 

Eleven Life does not warrant that the Services will be available in the event of a failure of the User's Mobile Provider, or in the event of non-functioning or improper access conditions caused and any other reason external to Eleven Life and its service providers , or having a character of force majeure as defined by Article 1218 of the Civil Code.

Article 6. Protection of personal data

Eleven Life, headquartered in Balluta Terrace, St Julian's Ramp, St Julian's STJ 1062, Malta is committed to protecting the privacy of the Users of the Application. This article describes how Eleven Life, as a data controller, collects and processes users' personal data.

6.1 Collection and use of personal data

Eleven Life is required to collect personal data about you in cases where such data is necessary to identify you or allow you to access the Application Services. Depending on the Service involved, some data that may be requested from you are required (and will be marked as such) and others are optional.

Thus, Eleven Life may use your personal data for the following purposes:

- Create your User account and manage it;

- Allow you to access and benefit from the Services of the Application, in particular: offer you profiles of Users located nearby according to your preferences, allow you to interact with other Users via instant messaging, you propose activities to share with other Users;

- Manage the orders and invoicing of the paid services;

- Develop statistics on the use of the Application and Services;

- Contact you ;

- [To be completed if necessary].

 

6.2 Recipients of the personal data processed

The access to the personal data collected within the framework of the Application is reserved only to the persons authorized within the company Eleven Life and these are not transmitted to thirds.

Eleven Life may nevertheless disclose to third parties personal data about you when such communication is required by law, a regulatory provision or a court order, or if such communication is necessary to ensure the protection and defense of its rights.

 

6.3 Sensitive data

As part of your registration and use of the Application and Services, you may be required to disclose information that may directly or indirectly reveal your racial or ethnic origin, your political, philosophical or religious opinions, your trade union membership , or that relate to your health or sexual life and sexual orientation.

This information is qualified as "sensitive data" and can only be processed by Eleven Life with your consent.

This consent is manifested by ticking the box "[I agree that my sensitive data will be treated Eleven Life to provide me its services]" located on the registration form.

 

6.4 Geolocation data

Eleven Life resorts to the geolocation of the User, with his consent, in order to offer him profiles of Users located nearby.

Eleven Life is not aware of the exact location of the User, does not reconstruct its movements and does not geolocate it when it does not use the Application.

The implementation of the geolocation is conditioned to the collection of the express and prior consent of the User who can withdraw at any time in [to complete].

 

6.5 Photos and videos

The User of the Application is invited to provide photos and videos, accessible to all Users, and can exchange private content (photos, video messages, audio messages) via instant messaging.

The user agrees not to publish content (photo / video) representing a third party, not to publish content where it appears naked, presenting a sexual, racist, or illegal. If the User does not comply with these rules, Eleven Life reserves the right to suspend or terminate the User's account under the conditions set out in Article 8 below.

 

6.1 Shelf life

Your personal data is retained until you delete your User account in the Application. They are then archived to meet our legal obligations.

 

6.2 Rights of the User

You have a right to access, rectify and delete data processed in the context of the Application, as well as the right to object to the processing of your data, provided there is a legitimate reason. You also have the right to set guidelines on the fate of your personal data after death.

You can exercise these rights by writing to [contact address to be completed].

 

6.3 Transfer of data outside the EU

[To be completed if necessary]

 

Article 7. Intellectual Property

The brands to be completed and the logos are the exclusive intellectual property of Eleven Life. Any reproduction, use or representation in any form whatsoever, on any medium whatsoever and by any media whatsoever, is strictly prohibited without the prior express authorization of the company Eleven Life, and will constitute an infringement sanctioned by the Articles L. 713-1 et seq. of the Intellectual Property Code.

In addition, the photographs, animations, graphics, videos and texts contained on the Application as well as elements relating to the overall architecture of the Application are the exclusive intellectual property of Eleven Life. Any reproduction, use or representation in any form whatsoever and by any media whatsoever, is strictly prohibited without the prior express authorization of the company Eleven Life, and will constitute an infringement punishable by articles L. 335-2 and following the Code of Intellectual Property.

 

The rights of use granted by the company Eleven Life to the User are reserved for private and personal use within the framework and for the duration of the registration. Any other use by the User is prohibited without the permission of Eleven Life.

The User grants to Eleven Life a free, non-exclusive, worldwide license, and for the entire duration of these Terms of Use between the User and Eleven Life, of use, reproduction, representation , adaptation, translation of the intellectual property rights attached to the public content provided by this User via the Application, with the non-exclusive purpose of supporting the communication after other Users. As such, the User expressly authorizes Eleven Life to modify said content in order to comply with the graphic guidelines of the Eleven Life Services and / or to make them compatible with its technical performance or the formats of the media concerned.

The User guarantees Eleven Life against any legal action, appeal or conviction pronounced against him originating from the violation by the User of the intellectual property of a third party. The User guarantees Eleven Life any claims or damages that may result.

The User agrees not to copy, reproduce, or use the content related to other Users other than for the strict requirements of use of the Services for personal and private purposes.

 

Article 8. Duration, suspension and termination

The contract is concluded for an indefinite period.

In the event of a breach by the User of any of his obligations under these Terms of Use, Eleven Life will be free to suspend access to its User account accessible from the Application for a period of one month, at the rate of three consecutive suspensions.

In the event of a serious breach by the User to these Terms of Use, the account may be terminated automatically and without notice by Eleven Life.

 

Article 9. Modification of the Terms of Use

Eleven Life may unilaterally modify or supplement these Terms of Use. The modified or supplemented Terms of Use will be directly applicable to the Users already registered as well as to the new Users during their registration.

The User will be informed of the update of the Terms of Use via the Application and / or by sending an email to the address provided by the User. It is the User's responsibility to ensure the validity of this email address.

 

Article 10. General provisions

The fact that one party does not claim a breach by the other party to any of the provisions of these Terms of Use shall not be construed as a waiver by the party to invoke in the future such a failure.

If one of the stipulations of the present Terms of Use were to be null according to a legislative or regulatory provision in force and / or of a decision of justice having authority of res judicata, it will be considered not written but n will not affect the validity of the other clauses which will remain fully applicable.

 

Article 11. Jurisdiction and applicable law

These Terms of Use and the relationship between the User and Eleven Life are governed by French law.

 

In the absence of an amicable agreement, any dispute arising from the execution of these Terms of Use or in connection with these Terms of Use shall be submitted to the competent French courts.

 

 

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