The purpose of these general terms and conditions of use (hereinafter the “GTC”) and sale (hereinafter the “GTC”) is to define the conditions under which the company DREAM’UP (hereinafter “DREAM’UP”) makes its Internet site www.gay-smile.com (hereinafter the “Site”) and its services (hereinafter the “Services”) available to its users (hereinafter the “Users”).
The Gay Smile Website is an online guide for the LGBT community that provides its Users with a range of practical information, enabling them to prepare their outings and stays. The Gay Smile website allows its Users to access a list of activities and events for the LGBT community and offers a list of LGBT-friendly accommodation.
The Site is not intended to sell tickets, stays, or even to allow the reservation of accommodation, events and/or activities. All accommodation, activity and/or event offers are presented by independent professional advertisers (hereinafter “Advertisers”) under their own terms and conditions. In case of acceptance of an offer from an Advertiser by a User, the latter becomes the client of the former without any legal link with DREAM’UP, which only puts the User in contact with the Advertiser.
The Site offers to the User :
Consultation of content and information (destinations, activities and/or events for the LGBT community, LGBT-friendly accommodation, etc.);
Various Services, some of which are subject to prior registration.
The Services include in particular
A free search engine, available on the Site, allowing Users to search for content and information according to their own selection criteria, and to access the accommodation, activities and/or events registered by the Advertisers, to compare them and to access the latter’s websites;
A paid subscription service allowing Advertisers, subject to the subscription of a contract (hereinafter “Subscription Contract”), to publish advertising banners and/or to register LGBT-friendly accommodation, activities and/or events so that they can be referenced on the Site.
Gay Smile is also a community site allowing Users to share opinions and comments on the accommodation, activities and/or events published by Advertisers.
DEFINITIONS
The terms below beginning with a capital letter, in the singular or plural, are used herein with the following meaning:
Ad: content published by an Advertiser on the Site.
Advertiser: means any User who publishes at least one Ad on the Site.
Subscription Contract: refers to the contract concluded between the Advertiser and DREAM’UP by which the Advertiser subscribes, for a price and a fixed or indefinite duration, to the paid Service made available by DREAM’UP through the Site.
GCU: refers to the General Terms of Use which govern the User’s general browsing on the Site.
GTC: refers to the General Terms and Conditions of Sale of the Site which govern the subscription contract and the use of the paying Services. They apply in addition to the GCU.
Account: refers to the private space made available to the User registered on the Site allowing him/her to access, after having identified himself/herself with his/her login and password, the free or paying Services to which he/she has subscribed.
General Terms and Conditions: the whole formed by the GTC and these GTC which form a contract between the Users and DREAM’UP
DREAM’UP EVENEMENTS: refers to the company Dream’up Evènements, a simplified joint stock company with a capital of 5,000 euros, registered in the Nice Trade and Companies Register under the SIREN number 520 792 128, whose head office is located at 229 rue Duguesclin, 69003 Lyon, represented by its President Mr. Le Maréchal.
Elements: elements making up the Site, in particular texts, logos, brands, slogans, images and illustrations, animated or not, photographs, sounds, know-how, videos, downloadable documents, structure, graphics and other content.
Services: refers to all the services made available to the User, whether free of charge or against payment, by DREAM’UP EVENEMENTS.
Site: Internet site accessible by the User at the URL address ” www.gay-smile.com ” published by DREAM’UP EVENEMENTS and allowing access to the Services under the terms and conditions set forth herein.
User: any natural person over 18 years of age and enjoying full legal capacity, or legal person under private or public law accessing the Site and/or using one of the Services, free or paying, offered by DREAM’UP EVENEMENTS.
GENERAL CONDITIONS OF USE
Version dated 10 January 2022
The present Terms of Use, subject to French law, are intended to govern the use of the Site and the Services. Access to the Site and/or the use of the Services automatically entails express and unreserved acceptance of these GCU by the User of the Site.
If the User does not accept these conditions, he/she must renounce all navigation on the Site and/or use of the Services.
In the event of non-compliance by the User with the terms of these GTU, DREAM’UP reserves the right to take any measure likely to preserve its interests and may in particular engage the civil and/or criminal liability of the User of the Site.
The current version of the GCU can be downloaded here and consulted at any time on the Site from the link at the bottom of the Site.
Article 1: Access to the Site and Services, creation of an Account
Any User may browse freely on the Website.
Some of the Services offered on the Site are accessible to the User free of charge (e.g. search engine, Gay Smile newsletters, sharing of accommodation files, activities and/or events, comments and opinions, etc.). Access to these services may be subject to the creation of an Account.
The paid services offered on the Site are accessible to the User exclusively within the framework of a Subscription Contract (for example: publication of an advertising banner, registration of one or several accommodation(s), activity(ies) and/or event(s)). In this case, the creation of an Account is always necessary in order to identify the User and to give him access to the Services he has subscribed to under his Subscription Contract.
When creating an Account, the information provided by the User must be complete, accurate and up-to-date. DREAM’UP EVENEMENTS reserves the right to suspend or delete, temporarily or permanently, access to the Account in the event that it does not comply with these General Conditions or is likely to give rise to a dispute.
By creating an Account, the User expressly acknowledges that he/she has read these General Conditions and accepts their terms and conditions.
Article 2: Accessibility, modification, suspension or permanent cessation of the Site and Services
DREAM’UP EVENEMENTS makes its best efforts to make the Site and its Services accessible to Users 24 hours a day and 7 days a week, regardless of any maintenance operations of the said Site and/or its hosting servers.
However, for the proper management of the Site, DREAM’UP EVENEMENTS reserves the right, at any time :
to modify the information and content of the Site;
to suspend, interrupt or limit access to all or part of the Site and/or the Services, temporarily or permanently;
to delete any information that may disrupt the operation of the Site or that may contravene national or international laws.
Article 3: Guarantees and liability
3.1 : Guarantees of the User
In general, the User guarantees and undertakes, within the framework of access to the Site and/or the use of the Services, to :
Access and use the Site and its Elements in accordance with these General Terms and Conditions and the legislation and regulations in force;
In particular, not to put online, record or transmit, via the Site
elements that could shock the public;
defamatory elements;
elements that are contrary to the protection of minors;
or elements that incite discrimination or hatred of a person or group of persons, in particular because of their political opinions, their origin or their actual or supposed membership of a particular ethnic group, nation, race or religion, or their sexual orientation;
Not to carry out any action which constitutes a violation of the rights of DREAM’UP EVENTS and/or of a third party, in particular which would harm its reputation or its intellectual property rights;
Not to access and use the Site and/or its Elements for illicit purposes and/or for purposes detrimental to the reputation or image of DREAM’UP EVENEMENTS and/or a third party;
Not to send messages containing computer viruses or any other program whose purpose or effect would be to damage, spy on or destroy computer equipment, systems, data or software;
Not to undermine the integrity of the Site and/or its Elements, nor to use the tools made available for purposes other than the use of the Services, nor to misappropriate them;
Not to attempt to mislead other Users by usurping the name, pseudonym or corporate name of another natural or legal person.
DREAM’UP EVENEMENTS declines all responsibility in the event of abusive or illicit use or exploitation of all or part of the content of the Site or in the event of violation of these terms by a User.
3.2 : Limitation of liability
The Site is provided as is, accessible according to its availability, without any express or implicit guarantee on the part of DREAM’UP EVENEMENTS.
Consequently, the User acknowledges and accepts that DREAM’UP EVENEMENTS may not be held responsible under any circumstances and that he/she may not claim any indemnity on any grounds whatsoever:
In case of failure, breakdown, difficulty or malfunction, slowing down or preventing access to the Site, to one of its functions or to the Services offered;
In the event of temporary or permanent inaccessibility of the Site or the Services offered;
In case of damage resulting from a User and/or a third party and/or a case of force majeure or any other event beyond the control of DREAM’UP EVENTS preventing the use of the Site and/or the Services;
In case of damages of any kind resulting from the User’s connection to the Site and/or the use of said Site, including, but not limited to, direct, indirect, incidental or punitive damages.
In addition, DREAM’UP EVENTS assumes no liability or responsibility of any kind whatsoever:
In the event of errors in the published content and/or the absence of content and/or content that does not correspond to reality;
In the event of the unavailability of the services, accommodation, activities, events, etc. listed on the Site.
Article 4: Online publication of opinions and comments by the User
The User is able to publish opinions and comments online and to access the contributions published by other Users.
DREAM’UP EVENEMENTS remains free, at any time, to modify, make subject to conditions or delete this functionality, without such a decision being considered as a breach of contract or non-performance.
The User’s opinions and comments must comply with these General Terms and Conditions, in particular the rules for using the Site and/or the Services mentioned in Article 3.1 of these GCU.
In case of violation of these Terms, DREAM’UP EVENEMENTS reserves the right not to put online or to delete all or part of the User’s opinions and comments and/or to forbid him/her, temporarily or permanently, to access this functionality, without the User being able to claim any compensation.
In this case, DREAM’UP EVENEMENTS also reserves the right to suspend or delete the User’s access to his Account.
DREAM’UP EVENEMENTS reserves the right, without this constituting any obligation on its part, to set up a system of moderation of all or part of the opinions and comments. The User nevertheless remains fully responsible for the content that he/she publishes and the consequences that may result from it.
Article 5: Intellectual property
This Site as well as the Elements of which it is composed, in particular the texts, logos, trademarks, slogans, images and illustrations, animated or not, photographs, sounds, know-how, videos, downloadable documents, structure, graphics, databases and other contents – excluding the contents published on the Site by the Advertisers and by the Users – are the exclusive property of DREAM’UP EVENEMENTS.
DREAM’UP EVENEMENTS is and remains the owner of all the rights, in particular intellectual property rights, attached to the Site and to all the Elements it makes available to Users.
Thus, the present Contract does not confer on the User any property right on the Site and the Elements and their temporary availability cannot be analysed as the transfer of any intellectual property right to the benefit of the User, within the meaning of the French Intellectual Property Code.
DREAM’UP EVENEMENTS grants all Users of its Site a personal, non-exclusive and non-transferable right of access to the Site and the Elements. The use of the Site and the Elements is exclusively limited to the private and personal use of the User under the conditions and within the limits defined herein and in accordance with the provisions of Article L. 122-5 2° of the Intellectual Property Code.
Any copy, representation, reproduction, modification, use, adaptation, distortion, transmission or distribution, in any way whatsoever, by any process whatsoever and on any medium whatsoever, even partial, of the Site or the Elements, without the prior, express and written authorisation of DREAM’UP EVENEMENTS, is strictly forbidden and would constitute an act of infringement punishable by articles L. 335-2 and following of the Intellectual Property Code which DREAM’UP EVENEMENTS reserves the right to pursue.
The trademarks, logos, company names, acronyms, commercial names, signs and/or domain names of DREAM’UP EVENEMENTS are distinctive signs that cannot be used.
Article 6: Hypertext links
The Site may propose hypertext links to other Internet sites or other external Internet sources managed by partner sites.
Insofar as we cannot exercise control over these partner services and external sources, we inform you that DREAM’UP EVENEMENTS makes no commitment as to the availability and content of these sites and external sources, and declines all responsibility for the content, services, advertising, products, and information available on or from these sites or external sources.
DREAM’UP EVENEMENTS also declines all responsibility for any damage or loss, proven or alleged, consecutive or related to the use, or to the fact of having trusted the content, goods or services available on these partner services or external sources.
It is forbidden, without the prior, express and written authorisation of DREAM’UP EVENEMENTS, to set up a hypertext link to all or part of the Site.
All requests for authorisation must be sent by e-mail to the following address (to be specified).
DREAM’UP EVENEMENTS is free to refuse this authorisation without having to justify its decision in any way whatsoever. If DREAM’UP EVENEMENTS grants its authorisation, it is only temporary and may be withdrawn at any time, without any obligation to justify its decision. In any case, any link must be withdrawn on simple request from DREAM’UP EVENEMENTS.
Article 7 : Modification of the GTU
DREAM’UP EVENEMENTS may at any time modify the present GTU.
In the event of such a modification, the new GTUs will come into force as soon as they are put online on the Site and will then be enforceable against any User as of the time the new version is put online.
You are therefore advised to take note of the latest version of the GCU each time you access the Site. Indeed, access to the Site and/or the use of the services offered by the Site implies acceptance, without restriction or reservation, of the GTUs in force by the User.
GENERAL TERMS AND CONDITIONS OF SALE
The present General Terms and Conditions of Sale (“GTC”), subject to French law, are intended to govern the subscription contracts and the use of the paying Services offered by DREAM’UP, accessible through the Site.
The subscription of a Subscription Contract by the Advertiser and the access to the paying Services implies the full and complete acceptance of the present GTC. They apply in addition to the GCU. The Advertiser therefore declares that he/she has read these GTC and GTCU before subscribing to the Subscription Contract and undertakes to respect them.
Any addition, deletion, modification or deletion that would be made to the Subscription Contract or the present GTC must, in order to be enforceable against DREAM’UP EVENEMENTS, be countersigned by it.
In the event of non-compliance by the Advertiser with the terms of these General Terms and Conditions, DREAM’UP EVENEMENTS reserves the right to take any measure likely to preserve its interests and may in particular engage the civil and/or criminal liability of the Advertiser and/or terminate its Subscription Contract.
The current version of the GTC is downloadable here and can be consulted at any time on the Site from the link at the bottom of the Site.
Article 1: Subscription Contract
The paid Services offered on the Site are reserved for natural and legal persons with the capacity to contract.
Paid Services are accessible to Advertisers, exclusively within the framework of a Subscription Contract.
The creation of an Account is always necessary in the event of subscription to a Subscription Contract, in order to identify the User and to give him/her access to the paid Services that he/she has subscribed to under the said Subscription Contract.
The Advertiser’s Account is strictly personal and may not be transferred or conceded for a fee or free of charge.
The Advertiser, when creating his Account, must provide complete, accurate and up-to-date information on his identity, and where applicable, give the indication of his company name, his trade name, his RCS number, the address of his registered office and his legal representative. In the event of a change in this information, the Advertiser must make the necessary changes to his Account without delay. In the event that the information provided by the Advertiser is inaccurate or incomplete, DREAM’UP EVENEMENTS reserves the right to suspend or delete, temporarily or permanently, access to the Account under the conditions set out herein.
The Advertiser is solely responsible for the security of his Account. The Advertiser must ensure that his login and password are kept confidential. The Advertiser must also ensure that his password has a sufficient level of security, it being specified that to be valid, the password must contain at least 12 characters and 4 different types: lower case, upper case, numbers and special characters. In the event of unauthorised or fraudulent use of its Account, the Advertiser must immediately inform DREAM’UP EVENEMENTS so that access to the Account may be blocked and the code modified. DREAM’UP EVENEMENTS shall in no case be held responsible in the event of unauthorised or fraudulent use of the Account.
To validate his subscription, the Advertiser must complete the information concerning him and his Ad, sign the Subscription Contract written in French and then proceed to the online payment of the price, at the rate indicated on the Subscription Contract.
Before signing the Subscription Contract, the Advertiser acknowledges having read and accepted the General Conditions and the Data Protection Policy. Otherwise, he/she will not be able to finalise the subscription.
Before signing the Subscription Contract, the Advertiser has the opportunity to read the Subscription Contract, indicating the essential characteristics of the services ordered, the price, the duration of the contract and its commitment. If the Advertiser identifies any errors in the data entry, he/she may correct them by returning to the “information collection” and “selection of subscription offer” pages.
The subscription takes effect on the day the Subscription Contract is signed, subject to validation of the online payment. No cancellation may be made after the Subscription Contract has been signed. The price paid by the Advertiser will remain in any case acquired by DREAM’UP.
Advertisers who are consumers and/or who may invoke the right of withdrawal provided for in Article L 121-21 of the French Consumer Code are hereby informed that this right of withdrawal may not be exercised for contracts for the supply of digital content not provided on a physical medium, the performance of which has begun after the consumer’s express prior agreement and express waiver of his right of withdrawal, in accordance with Article L221-28 13° of the French Consumer Code. By accepting these GTC and signing the Subscription Contract, the Advertiser expressly requests DREAM’UP EVENEMENTS to execute the Subscription Contract immediately before the expiry of the withdrawal period and expressly waives its right of withdrawal. This provision only concerns Advertisers who are consumers.
Article 2: Description of the paid service
The various subscription offers are indicated on the “Register my ad” page of the Site. The offers in force are those displayed on the Site on the day of the consultation of the said page of the Site, DREAM’UP reserving the right to modify the subscription offers at any time.
The Advertiser with an active Account may subscribe to one or more subscription offers, even in addition to the subscriptions already subscribed. It is indeed possible for the Advertiser to combine several offers. The offers subscribed to by the Advertiser, in progress and/or expired, are indicated in his Account.
The Gay Smile subscription allows the Advertiser, for the entire duration of his subscription, to display an advertising banner and/or a presentation sheet of his establishment(s), activity(ies) and/or event(s) in the chosen format and to be referenced on the Site.
The Advertiser may define the format and the duration of the broadcast of his Advertisement, it being specified that the subscription rate will depend on the options chosen by the Subscriber.
Each Advertiser’s Ad will be the subject of a separate presentation sheet or advertising banner.
If the Advertiser subscribes to the publication of a presentation sheet for his establishment, activity, event, etc., the sheet put online as part of the subscription will be referenced in the categories to which the Advertiser belongs (type of establishment, activity, event, etc., location, equipment, theme, etc.), selected by the Advertiser at the time of putting it online. The display of the presentation sheet in the search results will depend on the choices and selection criteria indicated by the User in the Site’s search bar. Sorting filters are available to the User to refine their searches, which may result in a change in the order of display of the accommodation records. The display of results is in no way guaranteed by DREAM’UP EVENTS and the ranking in the search results depends on the relevance of the filters and categories selected by the User within the Site’s search engine.
The subscription is taken out for the period subscribed to online by the Advertiser, as indicated in his Subscription Contract, a period running from the signing of the Subscription Contract. The Advertiser may renew his subscription, if he so wishes, via his Account, subject to payment of the price. At the end of the Subscription Contract, in the absence of renewal or payment of the price, DREAM’UP EVENEMENTS will consider that the Subscription Contract has not been renewed and the Ad will be removed from the Site.
The Advertiser has the possibility to update his Ad at any time, through his Account, this modification cannot lead to the creation of a new Ad.
The Advertiser who subscribes to a Subscription Contract is informed that the Users of the Site have the possibility to rate the accommodation, activities, events, etc. published by the Advertisers, to publish reviews and comments on the Site, to share the presentation sheets by e-mail or on social networks and to record them in a “Gay Smile” section. The Advertiser expressly accepts that Users may benefit from these various features.
The Advertiser is informed of his possibility to respond to the comments and contributions of the Users, through the Site.
The Advertiser acknowledges that the opinions, comments and other contributions of any nature whatsoever published on the Site and/or on social networks by a User in connection with the Advertisements are solely the responsibility of that User. The Advertiser therefore waives any recourse against DREAM’UP EVENEMENTS in relation to such content.
Article 3: Rates and payment
The price to be paid by the Advertiser for the paid Services subscribed by him is the price displayed on the Site. Subscriptions are provided at the price in force on the day of the subscription contract. This price is indicated in the Subscription Contract.
The prices are always indicated on the Site excluding taxes. They will be increased by all taxes in force at the time of subscription of the Subscription Contract, taxes that will be applied at the time of invoicing.
DREAM’UP EVENEMENTS reserves the right to unilaterally revise its prices at any time, it being specified that, in the event of a price increase subsequent to the acceptance of the offer, only the price fixed on the day of the subscription Contract will be applicable. On the other hand, in the event of the Advertiser taking out a new subscription or renewing the Subscription Contract, the rates in force will apply.
Payment of the price by the Advertiser is due at the time of signing the Subscription Contract.
Payment shall be made in one go, directly through the Site, by credit card. DREAM’UP EVENEMENTS has installed a secure online payment system on the Site. This means that payments are made in complete security and that your data is not stored or saved at any time.
The Advertiser is informed that the subscription takes effect as from the signature of the Subscription Contract, subject to payment of the price. The Advertiser is also informed that no cancellation may be made after the Subscription Contract has been signed. Consequently, the amount paid to DREAM’UP will be retained, whether or not the Advertiser decides to publish his Ad on the Site and whether or not he decides to use the paid Services he has subscribed to.
Article 4: Warranty and liability
4.1 : Advertiser’s guarantees
The Advertiser wishing to publish an Ad declares and guarantees that he/she has all the rights and authorisations necessary for the dissemination of the content (photographs, information, etc.) that he/she adds and undertakes to ensure that it is lawful.
The Advertisements must comply with these General Terms and Conditions, in particular the rules mentioned in article 3.1 of the GCU.
The Advertiser undertakes to provide and maintain an Ad that is true, complete, accurate and up to date, and is solely responsible for the content or lack of information in the Ads posted.
If the Advertiser integrates hypertext links in content placed online, he guarantees that these links are not contrary to the rights of DREAM’UP EVENEMENTS and/or third parties or to the laws and regulations in force.
DREAM’UP EVENEMENTS does not intervene in any way in the drafting of the texts of the Advertisements to be published, which is the exclusive responsibility of the Advertiser. DREAM’UP EVENEMENTS only acts as host for the content added by the Advertisers.
DREAM’UP EVENEMENTS reserves the right, without this constituting any obligation on its part, to check the content and information of the Advertisements. DREAM’UP EVENEMENTS reserves the right to suspend, refuse or delete any Advertisement which, in its opinion, appears incompatible with the purposes of the Service offered, or in the event of violation of these General Conditions or if the Advertisement is likely to undermine public order or morality, to infringe the rights of DREAM’UP EVENEMENTS and/or the rights of third parties, or to contravene the legal provisions in force. In this case, the suspension, refusal or deletion of the Advertisement shall not under any circumstances give rise to a refund of the sums paid by the Advertiser. All sums paid by the Advertiser shall be retained by DREAM’UP EVENEMENTS.
The Advertiser expressly undertakes to guarantee DREAM’UP EVENEMENTS against any liability that may be incurred by DREAM’UP EVENEMENTS.
4.2 : Limitation of liability
DREAM’UP EVENEMENTS gives no guarantee to the Advertiser concerning the visibility of the Ad. DREAM’UP EVENEMENTS does not guarantee any minimum threshold of viewership of the Advertisements. It does not guarantee any result or gain of customers or turnover to the Advertiser.
The Advertiser acknowledges and accepts that DREAM’UP EVENEMENTS shall in no case be held responsible and that it may not claim any compensation on any grounds whatsoever in the cases provided for in article 3.2 of the GCU. Concerning the accessibility of the Site and the availability of the Services, the provisions of article 2 of the GCU are applicable. DREAM’UP EVENEMENTS cannot be held responsible for this.
Furthermore, DREAM’UP EVENEMENTS shall not be held responsible for any direct or indirect prejudice linked to the publication of the Advertisement and/or the publication of the Users’ opinions and comments.
Also, DREAM’UP EVENEMENTS shall in no case be held responsible in the event of copying, reproduction or reuse of information and content published on the Site by a third party.
Article 5: Intellectual property rights
The Advertisements and content published by an Advertiser on the Site remain the full and entire property of the Advertiser who published said content on the Site.
The Advertiser grants DREAM’UP EVENEMENTS, within the framework of the Services offered on the Site, without financial consideration and for the whole world, the non-exclusive and transferable right to use, reproduce, distribute, represent, publish, execute, compile, download, adapt, reformat, translate, copy and store this content, in any format and on any medium known or unknown on the day of publication on the Site.
In particular, the Advertiser authorises DREAM’UP EVENEMENTS to re-use all or part of the content of his Ad(s) for commercial purposes, promotion or advertising of his own activity.
The Advertiser who publishes content on the Site also authorises Users to access the Advertisements, to download them, to save them, to share them on social networks and to comment on them. DREAM’UP EVENEMENTS, which only acts as an intermediary, cannot be held responsible in the event of a dispute between the Advertiser and the User.
Advertisers must respect the present General Conditions, in particular the rules mentioned in article 5 of the GCU.
Article 6: Modification of the GTC
The applicable GTC are those in force on the day of the subscription contract.
DREAM’UP EVENEMENTS reserves the right to adapt or modify these GTC at any time.
In case of modification of the GTC, the Advertiser will receive a notification of modification of the GTC, by e-mail, at the address given in his Account, and will be invited to accept the new modified version of the GTC. The use of the Account after the sending of the aforementioned notification shall constitute tacit acceptance of the new GTC.
The modification of the GTC shall not have the effect of modifying the conditions of operation of the Advertisements put online before the said modification, it shall only concern the Advertisements put online after the said modifications.
Article 7: Force majeure
DREAM’UP EVENEMENTS shall not be liable for the non-performance of its obligations in the event of an event of force majeure.
In accordance with the provisions of Article 1218 of the Civil Code, there is force majeure in contractual matters when an event beyond the control of the debtor, which could not be reasonably foreseen at the time of the conclusion of the contract and the effects of which cannot be avoided by appropriate measures, prevents the performance of its obligation by the debtor.
In the event of the occurrence of an event of force majeure, if the impediment is temporary, the publication of the Advertisement shall be suspended until the disappearance, extinction or cessation of the event of force majeure. In this case, the Advertiser will not be entitled to any reimbursement and the Ad will be broadcast on the Site for the remaining time from the end of the force majeure. If the impediment is definitive, the contract shall be terminated by operation of law and the parties shall be released from their obligations under the conditions provided for in Articles 1351 and 1351-1 of the Civil Code.
Article 8: Suspension and/or deletion of Ads
DREAM’UP EVENEMENT reserves the right, at any time, with or without prior notice, to suspend, refuse to publish or delete any Ad from the Site:
At the end of the Subscription Contract, if the Contract has not been renewed by the Advertiser or if the Advertiser has not paid the price in accordance with the conditions set out herein;
In case of non-compliance with these General Conditions;
If DREAM’UP EVENEMENTS considers, at its sole discretion, that the Ad is incompatible with the purposes of the Service offered, that it is likely to undermine public order or good morals, to infringe the rights of DREAM’UP EVENEMENTS and/or the rights of third parties, or to contravene the legal provisions in force.
In any event, the suspension, refusal to publish or deletion of the Advertisement shall not under any circumstances give rise to a refund of the sums paid by the Advertiser. All sums paid by the Advertiser shall be retained by DREAM’UP EVENEMENTS.
The Advertiser shall not be entitled to claim any compensation as a result of this deletion, refusal to publish or suspension and DREAM’UP EVENEMENTS shall in no case be held responsible.
DREAM’UP EVENEMENTS also reserves the right to suspend or delete the Advertiser’s access to his Account.
Article 9: Contractual non-performance
In the event of contractual non-performance, the party to whom a commitment has not been performed, or has been performed imperfectly, with regard to the terms of the Subscription Contract, may, in accordance with the provisions of Article 1217 of the Civil Code :
Refuse to perform or suspend the performance of its own obligation, including in advance ;
And/or cause the resolution or termination of the Contract, in the event of a serious breach;
And/or claim compensation for the consequences of the non-performance.
Failure to pay by the Advertiser on the due date or failure to comply with these General Terms and Conditions or the violation of DREAM’UP EVENEMENTS’ rights, in particular its intellectual property rights, or of the legal or regulatory provisions in force are considered as serious breaches by the Advertiser.
In the event of a serious breach by the Advertiser, the Service may be suspended or terminated by DREAM’UP EVENEMENTS. All remaining sums owed by the Advertiser to DREAM’UP EVENEMENTS shall be immediately payable. The Advertiser may not claim any reimbursement, nor even damages and/or compensation of any kind whatsoever.
APPLICABLE LAW AND COMPETENT JURISDICTION
This Contract is written in French and subject to French law.
The parties undertake to always try to settle any dispute or difference that may arise between them in execution of this contract in good faith and amicably.
Any dispute or disagreement relating to these General Conditions shall be subject to the exclusive jurisdiction of the Courts of Nice.
I acknowledge that I have read and accept the Terms and Conditions of the Gay Smile* website.
