TERMS OF USE
YOU MUST READ THE ENTIRE TERMS OF USE TO FULLY UNDERSTAND WHAT YOU ARE AGREEING TO WITH REGARDS TO ACCESSING AND REGISTERING WITH THIS WEB SITE. YOU REPRESENT AND WARRANT TO US THAT YOU POSSESS THE LEGAL RIGHT AND ABILITY TO ENTER INTO THIS AGREEMENT.
1. ACCEPTANCE OF THE TERMS OF USE. Welcome to frenchrivieraconnect.com (“Website”), a new and exciting web site for adults. By registering with this Website, you affirm your agreement to abide by the terms, conditions, notices, disclaimers, and other provisions, found herein and throughout the Website, which may be updated from time to time without notice (collectively referred to hereinafter as the “Terms of Use”). You accept that this is a legally binding electronic contract and you agree to periodically check for, and be bound by, any future modifications to the Terms of Use. The Terms of Use constitute a binding contract between you (“User”, “you”, “your”), and French Riviera Connect, its representatives, designees, licensees, and assigns (“we”, “us”, or “our”), regarding your use of the Website. If you do not agree with the Terms of Use, you may not access the Website or use any of its information, and you must immediately exit.
2. AGE REQUIREMENTS. This Website is intended for individuals of legal age. If you are under the age of eighteen (18) years (or whatever is the age of majority in your State), then you must immediately exit the Website. By registering with this Website, you represent that you are of legal age to form a binding contract. Our Website is intended for adults. It is not for minors and we continuously use our best efforts to avoid violating any applicable laws and regulations regarding minors, including compliance with the Children’s Online Privacy Protection Act (COPPA).
3. REGISTRATION AND USE INFORMATION.
a. Account Security. When you register with this Website or provide information to us in any other manner, you represent and warrant that you are providing true, accurate, current and complete information. If we issue you a username and/or password, you may not reveal it to anyone else. You are responsible for maintaining the confidentiality of the username and password that you designate during the registration process, and you are fully responsible for all activities that occur under your username and password. You may not sell, assign or otherwise transfer your user account, or any account rights, to any other person or entity. You agree to: (a) immediately notify us of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. We will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others, including family members, are not able to view or record your username, password or other personal information. If you share your computer with others, you may wish to consider disabling your auto-sign in feature.
b. Non-commercial Use by Users. The Website is for the personal use of individual users only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not register as a user and should not use the Website for any purpose. Illegal and/or unauthorized use of the Website may be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress. Use of the Web site is with our permission, which may be revoked at any time, for any reason, in our sole discretion.
c. Your Interactions with Other Website Users. You are solely responsible for your interactions with other users that you may meet on the Website and you assume all risks associated with online and off-line interactions with others. You understand that we do not in any way screen users, and we do not inquire into the backgrounds of any user or attempt to verify their statements. We make no representations or warranties as to the conduct of any users. In no event shall we be held liable for any damages, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or related to the conduct of you or anyone else in connection with the use of the Website, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other Website users, or with persons whom you may meet indirectly from your use of the Website. You agree to take reasonable precautions in all interactions with other Website users, particularly if you decide to meet offline or in person.
4. WEB SITE INTELLECTUAL PROPERTY.
a. Our Content. This Website contains a combination of our proprietary information, our intellectual property, and user content contributions. We hereby own and reserve all rights in our proprietary information and our intellectual property, including but not limited to all text, photographs, graphics, images, illustrations, animations, audio or video clips, html, source and object code, software, data, or other technology, as well as its copyrightable selection and arrangement, logos, trademarks and service marks (collectively, the “Content”) within all territories of the universe in perpetuity. The Content includes logotypes, trademarks and service marks (collectively “Marks”) owned by us, and Marks owned by other information providers and third parties. No Marks may be used in any manner unless approved in advance, in writing by the Mark owner. You hereby waive any so-called “moral rights” pursuant to any European Union directives and/or enabling or implementing legislation, laws or regulations whatsoever. You may not reproduce, distribute, display, modify, publish, transmit, perform, sell or otherwise use the Content without our prior written permission.
b. Other Users Content. Opinions, advice, statements, offers, or other information or content contributed by users to the Website are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. We do not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Website, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Website. Under no circumstances will we be responsible for any loss or damage resulting from your reliance on information or other content posted on the Website or transmitted to or by any user.
c. Digital Millennium Copyright Act Notice (United States). With respect to users accessing from the United States, if you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on this Website, please notify our copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 (“DMCA”). For your complaint to be valid under the DMCA, you must provide the following information in writing: (1) An electronic or physical signature of a person authorized to act on behalf of the copyright owner; (2) Identification of the copyrighted work that you claim is being infringed; (3) Identification of the material that is claimed to be infringing and where it is located on the Website; (4) Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and e-mail address; (5) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and (6) A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner. The above information must be submitted to us by email, attention: DMCA Agent.
5. USER POSTINGS AND INTERACTIVE AREAS
a. Granted Rights. Our posting and interactive areas are provided to give users an interesting and stimulating forum to express their opinions and share information. By you posting information or content to the Website, you automatically grant to us and our users, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, reproduce, publicly perform, publicly display and distribute such information and content, to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing. From time to time, we may create, test or implement new features or programs on the Website in which you may voluntarily choose to participate, in accordance with the additional terms and conditions of such features or programs. By your voluntary participation in such features or programs, you grant us additional rights in connection with such features or programs. You represent and warrant that you have the right to grant the foregoing rights.
b. No Obligation To Monitor. We do not have the ability to monitor all of the material posted or transmitted by users and third party information providers. You are solely responsible for, and assume all liability regarding, (i) the information and content that you contribute to the Website; (ii) the information and content you post, transmit, publish, or otherwise make available on the Website; and (iii) your interactions with other Website users. To protect your safety, we advise you to use your best judgment when using these forums. We particularly discourage divulging financial information, personal phone numbers and addresses or other information that can be used to identify or locate you. Blogs, interactive areas and other postings are intended to encourage discussion about dating, social issues and other related topics. You understand that you are participating in a community that is intended for all our users. Therefore, we reserve the right to delete, move or edit any content posted on the Website at any time for any reason, but we have no obligation to review or remove any such content. Decisions as to whether content violates the law or the spirit of the Website will be made by us in our discretion after we have actual notice of such posting. Without setting forth an exhausted list of inappropriate content, the Website is not intended to contain material or language that: 1) is vulgar, profane, abusive, contains epithets or slurs, text or illustrations in poor taste, inflammatory attacks; language that is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, deceptive, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights of any third party, is unreasonably harmful or offensive to any person or entity, contains any actionable statement, or tends to mislead or reflect unfairly on any other person, business or entity; 2) violates any of our rights or the rights of any third party; 3) discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation or disability, or refers to such matters in any manner prohibited by law; 4) violates any municipal, state or federal law, rule, regulation or ordinance, or attempts to encourage such an evasion or violation; 5) unfairly interferes with any third party’s uninterrupted use and enjoyment of this Site; 6) advertises, promotes or offers to trade any goods or services, except in areas specifically designated for such purpose; 7) uploads intellectual property or other proprietary material of any kind on the Website without the express permission of the owner of that material; 8) uses or attempts to use another’s account, password, service or system except as expressly permitted by the Terms of Use; 9) includes images, photos, or articles or other content that constitutes, promotes or encourages illegal acts, violation of any right of any individual or entity, violation of any local, state, national or international law, rule, guideline or regulation, or otherwise creates liability; 10) uploads or transmits viruses or other harmful, disruptive or destructive files; 11) disrupts, interferes with, or otherwise harms or violates the security of this Website, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through the Website or affiliated or linked sites; or 12) “flames” any individual or entity (e.g., sends repeated messages related to another user and/or makes derogatory or offensive comments about another individual), or repeats prior posting of the same message under multiple threads or subjects.
6. REPRESENTATIONS AND WARRANTIES
You hereby represent and warrant to us: (a) that you have the full power and authority to enter into and perform under these Terms of Use, (b) your use of our Website will not infringe on the intellectual property rights, right of publicity or any other legal right of any third party, including your submissions, postings, and other contributions to the Website, and (c) you will comply with all applicable laws in using our Website and in engaging in all other activities arising from, relating to or connected with these Terms of Use, including, without limitation, contacting other users of the Website.
7. DISCLAIMER AND LIMITATIONS ON DAMAGES.
a. Disclaimers. WE SPECIFICALLY DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES REGARDING THIS WEB SITE OR ANY CONTENT, SERVICES OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THIS WEB SITE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES AGAINST INFRINGEMENT, AND WARRANTIES AS TO THE AVAILABILITY, ACCURACY, INTEGRITY, QUALITY, COMPLETENESS OR CONTENT OF ANY INFORMATION, PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH THIS WEB SITE, WHETHER PROVIDED BY US, A USER, OR ANOTHER THIRD PARTY. WE ASSUME NO RESPONSIBILITY, AND ARE NOT LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN, THIS WEB SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THIS WEB SITE. WE MAKE NO WARRANTY THAT THIS WEB SITE WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, AND SECURE OR ERROR FREE, OR THAT THIS WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF ANY HARMFUL COMPONENTS OR DESTRUCTIVE FILES.
b. Limitations on Damages. IN NO EVENT SHALL WE OR ANY OF OUR AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS BE LIABLE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES (INCLUDING LOST SAVINGS OR PROFIT, LOST DATA, BUSINESS INTERRUPTION OR ATTORNEYS FEES) EVEN IF NOTIFIED IN ADVANCE OF SUCH POSSIBILITY, INCLUDING, WITHOUT LIMITATION, DAMAGES RELATED TO UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, THE CONTENT OR ANY ERRORS OR OMISSIONS IN THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT WE ARE NOT LIABLE FOR ANY AMOUNT EXCEEDING THE PRICE THAT YOU MAY HAVE PAID TO US FOR ACCESS TO THE WEB SITE, AND IN NO EVENT SHALL THAT AMOUNT BE GREATER THAN $25.00.
8. INDEMNITY. You agree to indemnify, defend and hold us harmless and each of our respective partners, suppliers, licensors, officers, employees, representatives, contractors and agents, from any and all claims (including, but not limited to, claims for defamation, trade disparagement, privacy and intellectual property infringement) and damages (including attorneys’ fees and court costs) arising from or relating to any allegation regarding any violation of this agreement by you.
9. MISCELLANEOUS PROVISIONS.
a. Violation of Terms. You agree that if you violate the Terms of Use that your registration may be cancelled and we shall have no further obligation to you.
b. Access Fees. You understand that you are solely responsible for any fees or charges incurred to access this Website through an Internet service provider.
c. No Access Where Prohibited By Law. This Website may not be used where prohibited by law. The content in this Website is not intended to violate any obscenity laws, specifically it is not intended for the average person, applying contemporary community standards to find it appealing to a prurient interest, it is not intended to be patently offensive as defined in your jurisdiction, and it is not intended to lack serious literary, artistic, political, or scientific value.
d. Foreign Access. This Website is controlled, operated and administered by us from our offices within the European Union (“EU”). We make no representation that the content is appropriate or available for use outside the EU and access to it from territories where it is illegal or improper is prohibited. You may not use this Website or export any content in violation of EU export laws and regulations. If you access this Website from a location outside the EU, you assume sole responsibility for compliance with all local laws.
e. Reservation of Rights. We reserve the right to modify, suspend, discontinue or restrict the use of any portion of this Website, including the availability of any portion of any content at any time, to anyone for any reason without notice or liability. If we request that you no longer use the Website then you agree to immediately cease from accessing, or attempting to access, your account.
f. Advertisements. You understand that our Website may include advertisements.
g. Confidentiality. You understand that certain information that you are exposed to or otherwise learn from accessing the Website shall be deemed confidential, unless it is public knowledge, and you agree to hold such information in confidence in perpetuity.
h. Communication With Us. All communications with us should be e-mailed to: info@frenchrivieraconnect.com. We will use our best effort to read and respond to your e-mail in a reasonable time. You shall not harass, annoy, intimidate or threaten us, or any of our employees, agents or associates, whatsoever.
i. Prohibited Activities. Unauthorized access to the Website is a breach of these Terms of Use and a violation of the law. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through this Website, not to insert any code or product or manipulate the any content in any way that affects the user’s experience, and not to use any data mining, robots, scripts, spiders, trojan horse, or any data gathering or extraction method in connection with your use of this Website.
j. User Disputes. You are solely responsible for your interactions with other Website users. We reserve the right, but have no obligation, to monitor disputes between you and other users.
10. GENERAL LEGAL PROVISIONS.
a. Arbitration. We may elect to resolve any controversy or claim arising out of, or relating to, these Terms of Use by mediation or binding arbitration in accordance with the Arbitration Rules and Internal Rules of the European Court of Arbitration being part of the European Centre of Arbitration having its seat in Strasbourg, and which are in force at the time the application for arbitration is filed, with right of appeal, unless this is not permitted by the applicable procedural law, by way of rehearing by an appellate arbitral tribunal as provided by the Rules, and of which adoption of this clause constitutes acceptance. The parties agree to have one arbitrator for the arbitration proceeding, who will be chosen according to the provisions of the said Rules; the Arbitration will be held in France, with French Law being the applicable rules of substantive law, and the proceeding shall be in French.
b. Severability. In case any one or more of the provisions contained in these Terms of Use shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect the other provisions of these Terms of Use, and these Terms of Use shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. If moreover, any one or more of the provisions contained in these Terms of Use shall for any reason be held to be excessively broad as to duration, geographical scope, activity or subject, it shall be construed by limiting and reducing it, so as to be enforceable to the extent compatible with the applicable law as it shall then appear.
c. Notice. We may be required by state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our delivering them to you through your electronic mail. If you do not provide us with accurate information, we cannot be held liable if we fail to notify you.
d. Waiver. Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.
e. Website Purpose. This Website is for entertainment purposes only. None of the advice, opinions, or other information contained on the Website shall constitute legal, medical, business, or any other professional advice whatsoever.
f. Entire Agreement. These Terms of Use, including all amendments and policies that are incorporated by reference, constitute the entire agreement between you and us and govern your use of the Website, superseding any prior agreements that you may have with us. These Terms of Use shall be construed in accordance with the laws of France, and the parties irrevocably consent to bring any action to enforce these Terms of Use before a mediator or an arbitration panel, and before a court of competent jurisdiction in France if we are required to seek enforcement of an arbitration award.
Membership and Subscription; Pricing. You may become a subscriber to our Website (“Subscriber”) by pay the subscription fee as designated below. Subscribers shall continue to be bound by all of the other provisions in the Terms of Use.
Subscriptions; Charges on Your Billing Account.
a. General. We shall bill Subscribers through an online account (your “Billing Account”). Subscribers agree to pay us all charges at the prices then in effect for any use of the Website. Subscriber authorizes us to charge his or her chosen payment provider (your “Payment Method”) for the subscription. Subscriber agrees to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that may occur.
b. Recurring Billing. Most subscription plans consist of an initial period, for which there is a one time charge, followed by recurring period charges as agreed to by the Subscriber. By making the first payment, Subscriber acknowledges that Subscriber’s subscription has an initial and recurring payment feature and Subscriber accepts responsibility for all recurring charges prior to cancellation. WE MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM SUBSCRIBER, UNTIL YOU PROVIDE PRIOR NOTICE (CONFIRMED IN WRITING UPON REQUEST BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT.
c. Current Information Required. SUBSCRIBER MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR SUBSCRIBER’S BILLING ACCOUNT. SUBSCRIBER MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP THE BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND SUBSCRIBER MUST PROMPTLY NOTIFY US IF SUBSCRIBER’S PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF SUBSCRIBER BECOMES AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF SUBSCRIBER’S USER NAME OR PASSWORD. IF SUBSCRIBER FAILS TO PROVIDE US ANY OF THE FOREGOING INFORMATION, SUBSCRIBER AGREES THAT WE MAY CONTINUE CHARGING SUBSCRIBER UNDER THE BILLING ACCOUNT UNLESS SUBSCRIBER HAS TERMINATED THE SUBSCRIPTION (CONFIRMED BY SUBSCRIBER IN WRITING UPON REQUEST BY US).
d. Payment Method. The terms of Subscriber’s payment will be based on the Payment Method and may be determined by agreements between Subscriber and the financial institution, credit card issuer or other provider of the Payment Method (the “Payment Method Provider”). If we do not receive payment from the Payment Method Provider, Subscriber agrees to pay all amounts due on the Billing Account upon demand.
e. Change in Amount Authorized. If the amount to be charged to the Billing Account varies from the amount Subscriber preauthorized (other than due to the imposition or change in the amount of state sales taxes), Subscriber has the right to receive, and we shall provide, notice of the amount to be charged and the date of the charge at least 10 days before the scheduled date of the transaction. Any agreement Subscriber has with the Payment Method Provider will govern Subscriber’s use of the Payment Method. Subscriber agrees that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
f. Auto-renewal. The subscription will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional subscription rate. If Subscriber resigns, he or she may use the subscription until the end of the then-current subscription term; Subscriber’s subscription will not be renewed after the then-current term expires. However, Subscriber will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period.
g. Refunds. If Subscriber cancels his or her subscription, we require a reasonable amount of time to process the action. If Subscriber cancels a subscription, Subscriber’s benefits shall expire at the end of the then-current subscription commitment. Subscriber shall not be eligible for a refund of any portion of the subscription fees paid for the then-current subscription commitment for any reason whatsoever. If Subscriber paid for his or her subscription using a multi-payment option, Subscriber must make all payments even if Subscriber cancels the subscription prior to the end of the then existing subscription commitment period.
h. Reaffirmation of Authorization. Subscriber’s non-termination or continued use of the Website reaffirms that we are authorized to charge the Payment Method. We may submit those charges for payment and Subscriber will be responsible for such charges. This does not waive our right to seek payment directly from Subscriber. Subscriber’s charges may be payable in advance, in arrears, per usage, or as otherwise described when the subscription begins.
i. Free Trials and Other Promotions. Any free trial or other promotion that provides subscriber-level access to the Website must be used within the specified time of the trial. The person must cancel the subscription before the end of the trial period in order to avoid being charged a subscription fee.