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General Terms and Conditions of Service
SALAMANDRA WEB, S.L. (hereinafter "The Company") is a publisher of adult dating sites. The Company provides Internet Users with an online virtual dating service for strictly private purposes for adults (hereinafter the "Service") for interacting with other Internet Users.
The Service provided by the Company must in no way be confused by the Internet User as a consulting or marriage brokerage service; the Company can only be described as a technical provider of an online platform in the sense of the law for a digital Republic.
The motivations of the Members are specific to each Member, and in no case can the Company be subject to an obligation of a result and can not guarantee to the Member that they will have encounters satisfying their expectations such as marriage, cohabitation or actual meetings.
In the event of a physical encounter between Members of the Service as a result of the use of the Service, the Company recommends taking all the necessary precautions such as notifying a relative or never being alone with another Member.
In the same way, the Company recommends being particularly vigilant when using the Service because the reminder is that the Internet can allow any surfer to impersonate a person that he/she is not and that malicious people exist.
As such, it is recalled that the Member must never communicate his/her personal information such as his/her mailing address, his/her email address, his/her true identity or his/her telephone number to the other Members of the Service and that the Member must always refuse any request for money from another Member, regardless of the reason.
The Company reminds the Member that he/she is the only person responsible for the use of the Service and that the responsibility of the Company can not be retained for the use made by the Member as part of the Service in accordance with the General Terms and Conditions of Use.
The Internet User is therefore invited to read these General Terms and Conditions of Service carefully before registering for the Service.
As such, the Internet User declares to have obtained from the Company all the information necessary for the subscription of the Service.
The terms defined below shall have the following meanings between the Parties:
The purpose of these General Terms and Conditions of Service is to define the terms and conditions of subscription of the Internet Users to the Service. The General Terms and Conditions of Service are supplemented by an "Ethics and Transparency Charter" and the "Personal Data" policy.
The General Terms and Conditions of Service are opposable to the Member upon their acceptance, formalized by a click on the button "I accept the General Terms and Conditions of Service", during the first connection to the Service.
In all cases, on the date of the first use of the Service by the Member, the General Terms and Conditions of Service are considered read and accepted without reserve by the latter.
The Company reserves the right to modify these General Terms and Conditions of Service at any time to change the Service and its features; this change is notified to the Member via his/her email address.
The Member may waive the use of the Service as a result of this notification but remains responsible for its prior use vis-à-vis the Company.
Continued use of the Service as a result of this notification constitutes an unreserved acceptance by the Member of the new General Terms and Conditions of Service.
The Member is informed that the Service's General Terms and Conditions of Service published online supersede any subsequent printed version.
The General Terms and Conditions of Service are applicable throughout the duration of use of the service by the Member, that is to say, from registration until unsubscription to the Service.
Registration for the Service is only allowed to adults who have the full capacity of their means to engage in the conditions provided for in these General Terms and Conditions of Service.
The registration requires the provision by the Internet User of reliable information, legal and not erroneous about his/her identity and email address.
To become a Member, the Internet User must be 18 years old or older and register through the registration form available online; registration for the Service is free.
The registration procedure for the Service includes the following steps:
Once the confirmation of registration has been made by the Internet User, he/she becomes a Member of the Service.
Each member will be automatically visible on all of the company's and « white label » websites so can be contacted on them, when appropriate.
The Member is fully responsible for the storage and use of his/her username and password. As such, the Member must take all necessary measures to prevent unauthorized or fraudulent use of his/her account.
As a result, the Company strongly recommends to the Member:
The Member must disconnect from his/her session and close his/her browser window after his/her actions on his/her account to prevent others from accessing his/her account. The Member must be particularly careful when accessing his/her account via wi-fi or connection sharing.
If the Member has shared his/her password and user name or finds, see suspicious unauthorized or fraudulent use of his/her password or any breach in security of the Service, he/she must immediately alert the Company at the following address Apartado Postal 5031, Sucursal, 1, 08080 Barcelona (Spain) or by email on contact@meenz.zendesk.com.
Upon receipt of this notification, the Company shall, within a reasonable time, deactivate the Member's account.
The Company reminds the Member that he/she will never be asked, for whatever reason, for the communication of his/her password and user name. As such, any request to this effect must be considered as a fraudulent request.
The Company reserves the right to modify the technical conditions related to authentication and to substitute for the password any other technology that it deems necessary.
The Company, in the free offer, allows the Member to try the service by offering the opportunity to visit an unlimited number of profiles, and to send 8 messages, to other Members via the electronic messaging system.
When the threshold of 8 messages via electronic messaging system is exceeded, the Member sees his access to electronic messaging blocked by the Company.
To continue using the Service, the Member must subscribe to a paid premium offer.
The non-subscribed member will be able to benefit from the other services of the site.
The Internet User can switch to a "Premium" offer, paying, at any time by clicking on the "Premium" tab.
The "Premium" offer allows the Member to maintain the active profile in order to unlimitedly visit the profiles of other members and to communicate for an unlimited duration with them by electronic messaging.
The "Premium" offer is free for women and paying for men and couples.
Registration for the "Premium" offer is to undetermined duration and remains active until the request to unsubscribe from the Member.
To subscribe to the paid offer, the Member must choose the offer of his/her choice from the following offers:
6 months at 99 € one-time payment (or 16.50 €/month), all the following 6 months at 99 € incl. VAT / semester;
Consequently, the Member declares to be informed that at the end of the periods of 3 days, 7 days, 14 days, 1 month, 3 months or 6 months proposed by the Company, he remains subscriber to the premium offer "pay" as soon as he/she did not unsubscribe. The Member declares to be informed that for the offers of 3 days and 7 days, he/she must unsubscribe before the expiry date so as not to be charged the following months up to his/her unsubscription request.
The subscription is made with the company SALAMANDRA WEB, S.L. registered in Spain.
The Company reserves the right to offer temporary promotional offers to new Members. The proposed financial terms are exceptional and can not be the subject of any complaint from other Members.
The price of the offer chosen by the Member is, initially, billed in one term then, in a second time, monthly or quarterly or semi-annually as the case may be, by secure bank debit in the name of "market983.com" or by any other means of payment made available by the Company.
Payment can also be made by check or bank transfer. In this case, the activation of the "Premium" subscription comes into effect as soon as the check or the transfer is cashed.
In the case of non-recovery of the subscription price in one go, the company offers a switch to the subscription plan: 14 days at 19 €. When the subscription expires without being canceled, if the attempt to renew at the normal rate is unsuccessful, the subscription will switch to the plan: 14 days at 19 €. After several attempts, any failure of one of these payments results in the termination of the subscription.
Confirmation of payment and registration is sent by email to the address provided by the Member.
Any blocking of payment, for any means whatsoever, resulting in late payment may result in the blocking of access to the member or the outright deletion of the Member's account.
The price is indicated all taxes included and can be revised during the execution of the Service. Any modification of the price is notified by email to the Member as soon as possible.
The Member can unsubscribe from the "Premium" service at any time by RAR letter or on the website directly. The unsubscription takes effect 48 hours after receipt of the request. In this case, the Member pays the service pro rata temporis.
When unsubscribing from the “Premium” subscription for the next billing period, the Member has the right to use the services already paid until the end of the current period.
In accordance with Articles L121-21 and s. of the Consumer Code and the European consumer legislation, the User has, in principle, a period of fourteen (14) clear days from the subscription to the Extended Service to exercise without penalty and without reason his/her right to withdrawal. The withdrawal period expires fourteen (14) calendar days after the day of the subscription to the Extended Service, formalized by a paid subscription order. In order to exercise his/her right of withdrawal, the Subscriber must notify his/her decision to withdraw by means of an unambiguous declaration (for example, letter sent by post, fax or e-mail) via the contact form (here) or at the postal address indicated in the Legal Mentions section of the Website. In order for the withdrawal period to be respected, the Subscriber must transmit his/her communication relating to the exercise of the right of withdrawal before the expiry of the withdrawal period. Effects of the Retraction In the event of withdrawal by the Subscriber, the Company undertakes to reimburse all amounts paid without undue delay and, in any event, no later than fourteen (14) days from the date on which the Company is informed of the Subscriber's wish to retract. The Company will refund using the same means of payment that the Subscriber will have used for the initial transaction, unless the Subscriber expressly agrees otherwise, in any event, the refund will not cause fees for the Subscriber. Article L 221-25 of the French Consumer Code states that: "A consumer who has exercised his/her right of withdrawal from a contract for the provision of services or a contract referred to in the first paragraph of Article L. 221-4, the performance of which has begun, at his/her express request, before the end of the withdrawal period, pays the professional an amount corresponding to the service provided until the communication of its decision to retract; this amount is proportionate to the total price of the service agreed in the contract ".
The Company makes its best efforts to provide a quality and efficient Service, accessible 24/24 hours and 7/7 days, subject to maintenance operations or difficulties and technical constraints.
However, due to the nature and complexity of the Internet, and in particular, its technical performance and response time to consult, query or transfer data, the Company can not be able to ensure accessibility or an absolute availability of his/her Service.
The Company reserves the right, without notice or compensation, to temporarily or permanently close the access to the Service to perform an update and maintenance operations or in case of risk for the security of the Service or threat to the integrity personal data of the Members.
The Company reserves the right to supplement or modify, at any time, the Service according to the evolution of technologies and informs the Members by any means.
In case of technical and commercial difficulties the company remains available through the customer service email and online form.
The use of the Service is strictly personal. The Service can not be used by the Member for commercial purposes, regardless of the nature of the Service.
The personal account of the member is intuitu personae, that is to say, that it is at its sole discretion and can not in any case be shared with other Internet Users or Members and access can not be provided to a minor.
The Member is fully responsible for the use he/she makes of the Service and therefore the consequences of any inappropriate, abusive, fraudulent or illegal use that may be made through the Service. He/she undertakes to use it fairly, in compliance with these General Terms and Conditions of Service, applicable laws and regulations, including those relating to privacy.
As such, the use of the account requires information on the identity of the Member and in particular his/her sex, his/her astrological sign, his/her sexual orientation, his/her place of residence and provide a photograph of the natural person, Member of the Service. This information must be consistent with reality.
In order to ensure reliable and honest exchanges between Members, everyone agrees to provide accurate and truthful information, especially regarding age, sex and sexual orientation.
The Member is prohibited from impersonating any person, in particular by using his/her name or surname, his/her user name and, above all his/her image. The photographs posted by the Member must only represent the member, natural person, and can not represent an animal, a third party or a minor. In particular, the Member is prohibited from publishing child pornography or paedophile content or inciting soliciting, prostitution or any other paid sexual service. Photographs and images must be of acceptable quality, unretouched, non-pornographic and not likely to shock the sensitivity of other Members.
The Member respects the private life of the Members and refrains from disclosing, through the Service, the names, first names and personal addresses of the Members, whether the postal address or the email address. The Member must respect a strict confidentiality of the information that is transmitted to him/her by the other Members during the use of the Service.
The Member is also forbidden to include telephone, postal, electronic or banking details on his/her profile.
The Member must express himself/herself courteously, politely and kindly and respond to another Member in a proper manner by declining the offer if it does not meet the expectations of the Member.
Each Member can report suspicious behaviour or content through the "Report It Now" tab.
In addition, the Member agrees not to commit any act of infringement, not to reproduce, download, represent or modify, all or part of the Service and not to access and / or maintain the Service heard as a system of automated data processing. Any fraudulent access or maintenance to the latter is prohibited and penalized. The same applies to any hindrance or alteration of the operation of the system, or in the event of introduction, deletion or modification of the data contained therein.
Finally, the Member undertakes not to disrupt the proper functioning of the Service, and in particular not to introduce viruses or any other technology that is harmful to the Service.
Any Member having a behaviour contrary to the General Terms and Conditions of service can see access to his/her account suspended or definitively closed by the Company.
The company does not intervene in the relations and exchanges between members.
The company reserves the right to delete any content that does not comply with these terms and conditions.
In case of complaint or action addressed to the Company for published content on the Service, the Internet User at the origin of the content undertakes to guarantee the Company of any costs and conviction.
By using our service, you acknowledge and agree that a dedicated moderation team reviews all uploaded content, including photos and profile information, to ensure compliance with our guidelines. This validation process aims to maintain a safe and respectful environment for all users. Any content found to violate our terms may be modified or removed without prior notice.
The Company encourages Members to learn about the different features of the Service and tries to boost its Service to the best possible experience for the Member. As such, Members accept the deployment of moderation Service by sending instant message or email and sending photographs to Members to encourage broad participation of members in the Service as well as features or to improve Member security by detecting and fighting against malicious Members.
The Member declares to be informed that the photographs and profiles belonging to these persons do not relate to a real person but have been created by the Company for the reasons mentioned above. The member acknowledges that the service is a dating and also an entertainment website. The user can accept that in certain cases the dialogues might be held with a profile created for entertainment purpose.
The Company does not intervene directly in the content of the profiles and messages sent via electronic messaging and does not check the reality of the information provided and does not control the subsequent changes to the profile that would be made by the concerned Member.
More than anything, the Company does not intervene in relations and exchanges between Members whether via the Service or outside.
Nevertheless, the Company commits itself to react when a behaviour contrary to the General Terms and Conditions of Service and an obviously illicit one has been notified to it by a Member using the tab "Report It Now", which appears on the profile of each of the registered Members.
In this case, the Company makes its best efforts to remove the obviously illicit content as soon as possible. The member therefore accepts that there is a moderation service.
The responsibility of the Company can not be retained in case of absence of meeting or in the case where the registration did not lead to the expectations of the Member.
The responsibility of the Company can not be sought or retained in case of temporary or total unavailability of all or part of the access to the Service, a difficulty related to the response time, and in general, a any performance defect.
The responsibility of the Company can not be sought in case of fraudulent or abusive use of the account due to a voluntary or accidental disclosure to anyone of the Member's password.
The Member acknowledges and agrees that the Company can not be held responsible for the loss or alteration of data and information resulting from the non-compliant use of the Service or the improper management of security by the Member. It is therefore up to the Member to save, in another medium, the information he/she wishes to keep.
Only the Member is responsible for the veracity and quality of the information published via the Service to other Members, the Company only hosting them. As such, the responsibility of the Company would not be retained in case of impersonation, false identity, false profiles or when using photographs belonging to third parties. In addition, the Company is not responsible for the content posted on Members' profiles and does not guarantee the reliability, relevance and accuracy of the information on the Service provided by Members. The Company declines any responsibility concerning the profiles created as part of the moderation that it provides or the destruction and corruption of the contents published by a Member resulting from the action of third parties or the possible damages resulting from the use of tools offered online by the Service.
Given the confidentiality of private correspondence, the Company has no control over the content or characteristics of communications sent or received by the Member, the Company can not be held responsible for content passing through the Service. As such, the responsibility of the Company can not be sought or retained for any illegal content, offensive, disloyal or even defamatory (without this list being exhaustive) that would be pronounced via online messaging made available by the Company to the Member. As such, the Company draws the attention of the Member to the fact that it is only held information and other content published on the Service and their possible consequences.
Each time the content is made available, the Member undertakes to comply with the applicable legal and regulatory provisions, and in particular those relating to publications that are abusive, racist, pornographic, violent, defamatory, paedophile, denial or that undermine human dignity.
The content broadcast on the Service by the Members is likely to be protected by the right to the image and the right of the intellectual property. The Member agrees not to infringe the rights of third parties during the consultation or use of the Service.
The liability of the Company would not be held for unforeseeable and/or indirect damages suffered by the Member in the context of the Service such that, without this clause being exhaustive, a loss of profit, a loss of luck, a loss of data, image damage, any financial or commercial harm or any breach of privacy in member by a Member or Internet User.
The responsibility of the Company would be held in case of difficulty of dissemination of content or more generally of any disruption of the Internet network affecting the use of the Service, such as instant messaging service. The Company gives no guarantee as to the conditions of diffusion, the quality of diffusion and transmission of accessibility of the Service.
The present General Terms and Conditions of Service do not carry out any transfer of any kind of intellectual property rights on the elements belonging to the Company to the profit of the Internet User.
The site, brands, drawings, models, images, texts, photos, logos, graphics, software, search engines, databases and domain names, and database, without this list being exhaustive, are the exclusive property of the Company or its partners who have granted it a license.
Any reproduction, representation and / or extraction, total or partial of one of these rights, without the express authorization of the Company, is prohibited and would constitute an infringement sanctioned by the articles L. 335-2 and following of the Code of the property Intellectual Property and Articles L.342-1 and L.342-2 of the Intellectual Property Code.
As a result, the Internet User is prohibited from any act and any action likely to directly or not infringe the intellectual property rights of the Company.
The Member can request the deletion of his/her profile at any time by clicking on the "Delete my account" button in the "Edit my profile" section accessible via the Service’s homepage.
The termination of the subscribed service for free takes effect immediately after the Member validates their account deletion request.
However, in the case of a "Premium" subscription, the Member will need to unsubscribe before proceeding with the deletion of the profile and will remain liable for the subscription price until it expires.
When a Member has not logged in or not used his/her account for a period of five (5) years, the Company reserves the right to close the account; this closure being notified to the Member by email at the email address provided.
In case of breach of the present General Terms and Conditions of Service by the Member, the Company reserves the right, without compensation or reimbursement, if necessary, eight days after sending the Member a letter asking him/her to comply with the present General Terms and Conditions of Service, to suspend access to the Service until the cause of the suspension has disappeared.
A suspension of more than thirty (30) days not treated by the Member leads to the deletion of the account.
The member is informed that any information associated with their deactivated account will be permanently deleted within 48 hours after the account registration is effectively closed.
From this deletion, the Member can no longer recover the data and information collected through the Service.
It is therefore up to the Member to save the information that would seem useful to him/her and that he/she wishes to keep; the Company can not be held responsible for the deletion of this information.
The Member can contact the Company either by completing the form accessible by clicking on the "Contact" tab or by mail for any request relating to his/her registration, for any claim or for any report of conduct contrary to the General Terms and Conditions of Service.
The Member is informed that when using the Service, a cookie or connection tracker or other tracer may be automatically installed on his/her terminal.
The cookie is a block of data used to record information about the Member's navigation on the Service.
The Company uses Google Analytics for analysis and research purposes to gather information about how Internet Users and Members use the service, including to improve the way the Service works. For more information about Google Analytics, the Member can visit the web page: https://www.google.com/intl/en/policies/.
The Company also uses identification cookies to identify the Member in order to benefit from all the features offered by the Service as an indication of the Member's geographical location.
The Member may, at any time, disable the use of cookies.
Such disabling may prevent the use of accessing certain features of the Service.
At first, the force majeure suspends the execution of the Service.
If this impediment is final, the Service is terminated automatically. As such, both the Member and the Company are released from their obligations under the conditions provided for in Articles 1351 and 1351-1 of the Civil Code.
Expressly, are considered as cases of force majeure those usually retained by the jurisprudence of the French courts and tribunals, as well as the following events: war, riot, fire, internal or external strikes, lock-outs, occupation of Company premises, bad weather, earthquake, flood, water damage, restrictions of forms of marketing, accidents of all natures, epidemic, pandemic, disease affecting more than 10% of the staff of the Company in a period of two consecutive months, the lack of energy supply, the partial or total shutdown of the Internet and, more generally, private or public electronic communications networks, road blockages and the impossibility of supply of supplies, the power failure at the Customer's site and any other case beyond the express control of the parties preventing the normal execution of the terms and conditions.
The Service may contain hypertext links giving access to third-party websites, notably via advertisements or advertisers, but also via the content published by Members of the Service.
The Member is informed that the websites he/she can access via hypertext links do not belong to the Company.
The Company assumes no responsibility for the content of the information provided on these sites under the activation of the hyperlink and the privacy policy of these sites.
The Member can not invoke the responsibility of the Company in case of loss or damage of any kind because of the activation of these hypertext links.
Personal data may be transferred to business partners. The Member has the option to disable the transfer via the "Manage my alerts and newsletters" page (accessible from "Edit my profile" page) by unchecking the box "I accept to receive partner offers".
By accepting to receive partner offers, the company may offer the possibility of free pre-registration and specific offers from recognised and identified commercial partners, in particular 2L Multimedia, topoffers, Flirtrevenue, Rubrica Trading, Xcash, etc. The user member may refuse this pre-registration offer.
The member has the possibility to contact the company which will be able to assist him/her in this management.
If one or more stipulations herein are held to be invalid or declared as such under a law, regulation or following a decision that has become res judicata of a competent jurisdiction, the other stipulations will keep all their strength and reach.
The data collected and stored by the Company are in reasonable conditions of safety and are considered as evidence of communications between the Member and the Company.
The acceptance of the General Terms and Conditions by electronic means and subscription to the "Premium" membership as well as any contractual commitment made online by the Member have, between him/her and the Company, the same probative value as on paper.
This provision must be considered as a valid proof of agreement between the Member and the Company.
These General Terms and Conditions are governed by Spanish law.
Mediation
The Member is informed of the possibility of using, in the event of a dispute relating to these General Terms and Conditions, a conventional mediation procedure or any other alternative way of settling disputes.
For this purpose, the Member is informed that it can seize, after first attempting to amicably resolve the dispute directly with the Company, the mediator MEDIATION-NET CONSUMPTION, 34, rue des Épinettes - 75017 PARIS.
For more information on the mediation process, the Member is invited to consult the MEDIATION-NET CONSUMER mediator's website or to contact the mediator directly at 08 25 67 98 08 (0.15 euros / min) from 9:00 am to 8:00 pm from Monday to Saturday.
The mediator can be contacted by e-mail at the following address: mediation.conso@mediation-net.com, by post to the aforementioned address or by completing the online form accessible at the following address http://www.mediation-net-consommation.com.
The Member is informed that disputes can not be submitted to the mediator for which the request is manifestly unfounded or abusive, or has been previously examined or is under consideration by another mediator or by a court. The same applies if the Member has lodged his/her application with the mediator within a period of more than one year from his/her written complaint to the Company or if the dispute is not within the competence of the mediator, or finally, if the Member does not justify having tried, beforehand, to resolve his/her dispute directly with the Company by a written complaint.
Last updated on November 18, 2021 |
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