BUZZMYPET
General Terms and Conditions of Use

Introduction

You undertake to read and accept these general terms and conditions (hereinafter referred to as “GTCU”) without reservation, before using the services of the free application BuzzMyPet available on the Apple Store (hereinafter referred to as the “Application”).

Article 1 : Definitions

BuzzMyPet belongs to the firm La Grosse Equipe, a company in charge of managing and operating the Website, an SAS (simplified joint stock company) with a capital of €7,920, registered in the Paris Trade and Companies Register under number 485 354 203, having its registered office at 128 Rue de la Boétie, 75008 Paris, represented by its CEO, Mr Thibaut Valès.

User Account : the personal space of each user on the Application. The Users access this account by means of a username and password which are strictly personal and confidential. The User Account enables the User to have an identity in the Application’s virtual social network and to interact with other Users on the Application.

Services : the free services provided to Users of the Application, intended to promote virtual meetings between natural persons for personal, spare-time and non-commercial purposes.

User : Mobile user who accepts these GTCU. There are “Male Users” (Men) and “Female Users” (Women), with the term “User(s)” referring to both.

Article 2: Registration and conditions of access to the Website’s Services

2.1 Object of the Services

The Application is a user-friendly space intended only for the Users, created to enable them to inform the community about lost and found dogs and cats that have gone missing, thanks to a geo-tracking service and to put users in touch with each other immediately.

Each User may, freely and with full confidentiality, offer a financial reward to the other users, within the limits set in these GTCU.

2.2 Subscription Terms

To register, Users must :

Users shall guarantee the sincerity and veracity of the information provided and shall keep said information regularly up to date by accessing their User Accounts.

The User’s commitment shall take effect once the box “I have read and accept the general terms and conditions of use” has been ticked in the registration form. In the absence of such a commitment, the User may not continue the registration process and will not have access to the Services.

Once the registration is validated by the User and these GTCU are accepted, a registration confirmation message shall be sent to the e-mail address indicated by the User in the order form.

2.3 Registration Form

2.3.1: Registration procedures :

The User shall provide the following required information :

The User may optionally provide :

This information may be amended at all times by the User under the conditions set out in Article 7 of these GTCU.

When the conditions required for registration are met by the User, the latter shall be allocated a User Account in a personal capacity, containing in particular his or her profile sheet as well as an e-mail account, through which s/he can interact with other Users.

The User shall be responsible for the use of his or her identifiers (username and password) by third parties, as well as for actions taken or statements made through his or her User account, and shall hold BuzzMyPet harmless against any claim on that account.

2.3.2: Financial details:

Free registration and use for this application.

2.4 General terms and conditions of access to the Services

The equipment (hardware, software...) and telecommunication costs to access the Services shall be borne exclusively by the User.

All the Services of the application shall be placed at the disposal of the Users free of charge.

Users may optionally communicate :

3 Account deactivation

Users may deactivate their profile via their User Account if they do not wish to be seen by other Users on the Application.

When the User account is deactivated :

If the User Account is reactivated, the retained data will be reallocated to it. Deactivation does not delete the User Account and does not release Users from their obligations.

4 Sponsoring

BuzzMyPet wishes to encourage the registration of new Users, particularly through “sponsoring” or “discovery” operations. These operations are carried out on an irregular basis.

Under these operations, Users are invited, subject to the prior consent of the third party, to communicate to the Application, on pages dedicated to that purposes, the e-mail addresses of other natural persons who are domiciled in France, Belgium, Luxembourg or Switzerland and are not registered with the Services.

These persons (hereinafter referred to as the “Friend(s)”) will receive an invitation to register on BuzzMyPet.

Users shall refrain from creating fictitious e-mail addresses and accounts in order to take part in sponsoring operations, as such fictitious addresses are not taken into account by the Website. Similarly, wrong e-mail addresses will not be counted.

It is specified that a different natural person must correspond to each indicated e-mail address. The IP addresses of Users and the IP addresses of Friends must necessarily be different. Similarly, all the IP addresses of Friends must be different from each other.

Article 5 : Obligations and liability of the Users

5.1 Obligations

Users shall upon registering with the application, undertake to :

5.2 Liability

Users shall bear sole responsibility for the data they consult, query and transfer on the Application.

If BuzzMyPet were held liable owing to failure on the part of a User to fulfil his or her obligations under the law or these GTCU, the latter shall hold BuzzMyPet harmless against any conviction handed down against it stemming from a failure attributed to the User.

BuzzMyPet has no control over external websites and sources (webpages, forums, etc.) to which hyperlinks put online by Users on the Application redirect, and may not be held liable for their content. In that respect, Users are asked to interrupt their browsing and inform BuzzMyPet if they discover such a hyperlink pointing to an external website or source, the title or contents of which constitute a violation of French law.

Article 6 : Obligations and liability of BuzzMyPet

6.1 Obligations

BuzzMyPet undertakes to provide Users state-of-the-art online service compliant with the relevant legislation.

The Configuration required to benefit from the Services of the Website is :

We recommend downloading the most recent version of your mobile browser to get the best out of BuzzMyPet.

6.2 Liability

BuzzMyPet shall not be held liable in case of embezzlement, identity theft and other criminal offences committed by Users through the Website and the services placed at their disposal, or damage to the image or breach of privacy of a third party committed under the same conditions.

BuzzMyPet reserves the right to back up all litigious content, in particular in order to place it at the disposal of the competent authorities.

BuzzMyPet shall not be responsible for “face-to-face” meetings organised by the Users. By way of reminder to Users who wish to organise such meetings under their own responsibility, BuzzMyPet is not in a position to guarantee the identity of Users met on the Website. It is therefore necessary to take the usual precautions during such face-to-face meetings (inform a friend about the meeting, choose a public place, etc.).

BuzzMyPet prohibits the organisation of any event(s), collective meeting(s) of its members, by the Users or third parties, through the Website and Services made available to the Users. BuzzMyPet shall in that respect not be held liable for any disruption of the public order or damage caused by Users and third parties who took part in such a meeting.

BuzzMyPet does not guarantee that the Services will be usable in the event of failure on the part of the User’s mobile service provider, or in case of non-operability or poor access conditions caused by network congestion or any other reasons beyond the control of BuzzMyPet and its providers, considered as a case of force majeure as defined by French case law.

Article 7: Privacy

BuzzMyPet attaches the utmost importance to protecting the privacy of its Users and visitors.

Users are asked to report any malfunction and in particular any breach of their rights (by way of example: dissemination of their photos on our Website by a third party) via the “Contact” heading, accessible directly from the “Settings” page of our app, or via the addresses, in particular e-mail addresses, specified below.

7.1 CNIL [National Commission for Information Technology and Civil Liberties] Declaration

Pursuant to the Information Technology and Civil Liberties Act n°78-17 of 6 January 1978, individual-related data requested of the User have been declared to the CNIL, Declaration n° cYc17242964.

Users have the right to access, edit, and delete data concerning them, either directly by making changes to their profile sheet, or by contacting BuzzMyPet at the following address :

LA GROSSE EQUIPE
BuzzMyPet

Complaints Department
128 Rue de la Boétie
75018 Paris
contact@buzzmypet.com

The information thus collected is intended to be used exclusively by BuzzMyPet and its service providers. Any dissemination of collected personal User data to third parties shall require a prior, express request.

La Grosse Equipe has the information technology means and resources to manage the Application’s Customer service and to control the contents thereof.

Information recorded by the Users is accessible to the company’s services in France as well as to its service providers inside and outside the European Union.

The transmission of these data to the Application’s subcontractor located outside the European Union is intended only for the processing of general questions that may be asked by Users (registration or profile creation date, date of subscription payment, renewal date and amounts paid or reimbursed), and to ensure observance of the legislation and these GTCU by the members of the Application.

The data transfer is governed by standard contractual clauses drawn up by the European Commission.

Acceptance of processing the afore-mentioned data by our service providers located inside or outside the European Union is an essential condition for the use of free or paying services of the application.

By agreeing to these GTCU, the User accepts that these data (subscription or profile creation date, etc.) can be processed under the foregoing conditions.

Pursuant to Articles 39 ff of the Information Technology, Files and Civil Liberties Act n° 78-17 of 6 January 1978, amended in 2004, every person may gain access to and, where appropriate, correct or delete information concerning him or her, by contacting Customer Support at the following address: contact@buzzmypet.com

7.2 Cookies

Cookies are used to facilitate browsing on the application. They store personal information that the User entered during his or her visit, i.e. :

Cookies are kept for one month. The User may object to the recording of cookies by setting his or her browser accordingly.

7.3 Personal data collected by BuzzMyPet

When s/he registers on the Application, the User is required to provide information concerning him/her and his/her pet pursuant to Article 1.3.

Personal data thus collected are of a public or private nature.

Private data are accessible by certain employees and subcontractors of BuzzMyPet, strictly authorised for that purpose, while public data are accessible to all the Users of the application as well as to mobile users, in particular from a search engine.

The following data are considered private and thus protected :

The following personal data are considered to be of public nature and thus accessible to all Users of the Website via a search engine :

All personal data of a public nature such as the user name and large photos published by the Users are accessible in particular via a search engine. It is up to the user to set his or her User Account from the “Settings” heading so that the elements of his or her Profile, with the exception of those listed above, are not accessible via a search engine.

Public information is likely to reveal the User’s ethnic origin, nationality, religion and/or sexual orientation. By providing such optional information, the User expresses his or her wish to see it published and disseminated on the application, thus giving his explicit consent to the processing of so-called “sensitive” data by BuzzMyPet, and thus assumes exclusive responsibility.

Personal data of a public nature provided by the User may in particular be used by BuzzMyPet or La Grosse Equipe for events intended to promote the group’s Websites, Applications and Connected Objects.”

7.4 Photos

Upon registering, the User accepts to have his or her photos published on the Application. The User shall be informed that the profile photos are personal data of a public nature accessible to all the members and Users of the Application.

The User may decide to change said photo at all times under the conditions provided under Article 7.1.

The photos must necessarily represent the user and/or (one of) his or her pets. Topless or nude photos are prohibited. Any publication of a photo of a sexual or zoophilic nature shall be punished by suspension of access to the account or termination for serious fault, and the systematic filing of a complaint.

Similarly the publication and dissemination of photos of third parties, in particular photos of a sexual nature, on the Application, are strictly prohibited. Users who publish photos of a third party shall be liable to punishment under the conditions provided under Article 9 below.

7.5 Automatic deletion of conversations

At the end of a maximum period of one year, the Application will proceed to the automatic and permanent deletion of any messages deleted or placed under Spam by the Users (senders and/or recipients).

Users are informed that messages deleted by virtue of this article may under no circumstances be restored by the Website.

Article 8: Intellectual property

The BuzzMyPet brand, logos, graphics, text, photos, videos and slogans are the exclusive intellectual property of La Grosse Equipe (an SAS registered in the Paris Trade and Companies Register under number 485 354 203) and cannot be reproduced, used or represented in any form whatsoever, on any carrier and by any media whatsoever, without the prior express authorisation of La Grosse Equipe, on pain of prosecution.

Graphics, photographs, animations, videos and texts contained on the Website and the Application and more generally, elements used to ensure or facilitate browsing in the Application – architecture, design, code pages, and other elements – are the exclusive intellectual property of La Grosse Equipe and may not be reproduced, used or presented in any form whatsoever, on any carrier and by any media whatsoever, without the prior express authorisation of La Grosse Equipe, on pain of prosecution.

The rights of use granted by BuzzMyPet to the User are reserved for private and personal use. Any and all other use by the User without the authorisation of BuzzMyPet is prohibited. Users shall in particular refrain from changing, copying, reproducing, downloading, disseminating, transmitting, exploiting commercially and/or distributing the Services, pages of the Applications, or computer codes of the constituent elements of the Services and the Website.

The User shall grant to La Grosse Equipe a licence for the use of intellectual property rights to the public contents provided by said User, for the purpose of dissemination on the Websites and Applications of the group. This licence comprises, in particular – subject to the provisions of Article 7.1 – the right for La Grosse Equipe to reproduce, adapt, translate, digitise, use for the purposes of the Service or sublicense information of a public nature concerning the User (profile elements, information, images, videos, description, search criteria, etc.) on all or part of the BuzzMyPet Service (on the Site, by e-mail), and/or in mailings of La Grosse Equipe or BuzzMyPet and in general, on all electronic communication media (e-mail, SMS, MMS, WAP, Internet) in connection with the Service. In this respect, the User shall expressly authorise La Grosse Equipe to amend said contents in order to comply with the graphical identity of the BuzzMyPet Services or other communication media referred to above and/or to make them compatible with the technical performance or formats of the media concerned. These rights are granted for the entire term of the performance of these GTCU by and between the User and La Grosse Equipe. The User shall refrain from copying, reproducing or using contents relating to other Users.

Article 9: Sanctions, Suspension of Access to the Account and Termination

9.1 Reporting

Any User who is pestered by or witness to non-compliance with these GTCU by another user must report it as promptly as possible by selecting the files of said User, or the heading “Report a problem.”

By complying with these GTCU, the User acknowledges that the allocation of such points depends on a community moderation system which could not entail any harm against him or her in that capacity.

Any User who is reported very frequently may be excluded pursuant to the conditions provided under Article 9.2 of the Terms and Conditions of Use. BuzzMyPet shall send a warning by e-mail to each User who has been “reported.” There will be 3 such warnings, and the User Account will be closed after the third.

The points shall be kept through the entire life of the User Account, even if it has been deactivated and then reactivated.

Any abuse in the use of this community moderation system shall be considered a violation of these GTCU that could lead to a suspension of access to the User Account or the permanent termination as well as prosecution and compensation for victims of such behaviour, without prejudice to the damages that could be claimed by La Grosse Equipe.

9.2 Suspension of access to the Account

If a User fails to comply with these GTCU, BuzzMyPet may suspend access to his or her Account at all times.

If access to the Account is suspended, the User shall remain liable for its obligations to La Grosse Equipe.

La Grosse Equipe is not required to verify the claimed identity of its users and does not have the technical and/or legal means and resources to do so.

Nevertheless, in case of doubt as to the veracity of the information disclosed by the User (in particular concerning his or her age), or if elements reported by a third party or another User give reason to suppose identity theft or the existence of fictitious information provided by the User about his or her identity, La Grosse Equipe reserves the right to :

9.3 Termination

The Subscription may be terminated as of right at once in case of gross negligence on the part of the User with regard to these GTCU, or in the event of dissemination of content contrary to the public order or standards of behaviour.

Similarly, if the reported violation is serious, La Grosse Equipe could delete all the accounts created from the IP address at issue.

The User may also request the termination of his or her contract and by extension his or her Subscription by e-mail. The termination requested shall enter into effect upon the expiry of the Subscription in progress.

9.5 Fate of terminated User Account

The terminated account shall be destroyed and permanently deleted. The User shall not be able to access said account or the Services.

The data provided by the User shall be deleted after a maximum period of one year. The User may request the deletion of personal information under the conditions defined in Article 7.

The User whose account was terminated may request that all his or her personal data be deleted under the conditions indicated in Article 7 of these presents.

Article 10: Amendment of the Terms and Conditions of Use

La Grosse Equipe may amend or supplement these GTCU.

They shall apply to Users when an account is opened.

All amendments shall replace and cancel the previous stipulations once they are accepted by the Users.

Article 11: Applicable law / Competent court

These GTCU shall be governed by French law, and the language of interpretation thereof shall be French. Any dispute arising out of or in relation to these GTCU shall be referred to the competent courts on French territory.

If one or more provisions of these GTCU were to be declared null and void pursuant to a law, regulation or final decision of a competent court, the other provisions shall remain in force, provided that these GTCU are not distorted, and that does not entail a significant imbalance in the obligations of the parties.

The fact that one party does not avail itself of a failure by the other party to comply with the provisions of these GTCU shall not be interpreted as a waiver of such assertion in future.