wwww.latitude-luxe.com website hereafter called « LATITUDE LUXE » offers a service of deposit and consultation of Luxury Classified Ads on internet.
• Ad: indicate the whole of the elements and data (visual, textual, sound, photographs, drawings), deposited by an advertiser under its leading responsibility, in order to buy, to rent or sell a product or to offer or search a service and diffused on the Website and the Applications.
• Advertiser: nominate any major natural person or titular legal person of an Account, and having deposited and put online an Announcement via the Service LATITUDE LUXE. The term “Advertiser” gathers in the CGU
the two types of Advertisers depositing of the ads via the service LATITUDE LUXE, namely:
• The particular Advertiser: who gets along of any major natural person, acting exclusively at private and having deposited and put ends online an Announcement starting from the Website.
• The Advertiser “Pro”: who gets along of any legal person, depositor, exclusively at professional ends, Ads starting from the website.
• LATITUDE LUXE: indicate the company which publishes and exploits the Website
• Website: indicate the website exploited by LATITUDE LUXE accessible mainly since the URL www.latitude-luxe.com and allowing the Users and the Advertisers to reach via Internet the Service LATITUDE LUXE described in article III.1 of these CGU.
• User: designate any member, having access to the Service LATITUDE LUXE via the Website and consulting the Service
LATITUDE LUXE, accessible since the various supports.
I.The CGU has the aim of determining the conditions of use of the Service LATITUDE LUXE placed at the disposal of the Users and the Advertisers via the Website.
The present CGU are thus fully opposable to the Users and to the Advertisers.
III.1 Description of the Service LATITUDE LUXE
III.1.1 General rules Very User – any Advertiser states being informed that it will have, to reach the Service LATITUDE LUXE, to have one access to the Internet subscribes near the supplier of its choice, whose cost is with its load, and recognizes that:
* the reliability of the transmissions is random because, in particular, of the heterogeneous character of the infrastructures and networks on which they circulate and which, in particular, of the breakdowns or saturations can intervene;
* It is up to the Advertiser to take any measurement which he will judge suitable to ensure the security of his equipment and his own data, software or others, in particular against the contamination by any virus and/or of attempt at the intrusion of which he could be the victim;
* Any equipment connected to the Website east and remains under the whole responsibility of the Advertiser, the responsibility for LATITUDE LUXE could not be required for any direct or indirect damage which could provide because of their connection to the Website.
The Advertiser is committed, if necessary, to respect and be maintaining the confidentiality of the Logins of connection on its Own account or Counts Pro and recognized expressly that any connection on its Own account or Counts Pro, like any data transmission since its Own count Pro will be famous to be carried out by the Advertiser.
Any loss, diversion or use of the Logins of connection and their possible consequences concern only and whole responsibility for the Advertiser.
The Advertiser is informed and accepts that for reasons of technical order, its Announcement will not be diffused instantaneously after its deposit on the Website and the Applications.
The Advertiser is informed that by publishing its Announcement on the website, this one is likely to be shared by any User and/or any Advertiser on the Facebook social media network, via the button of the division concerned integrated in the pages. Any Announcement published will be diffused on the Website.
Any Advertiser is informed that LATITUDE LUXE, its parent company and its companies sisters are likely to publish services of classified ads dedicated to one or more categories of deposit.
Any Advertiser accepts that LATITUDE LUXE, its parent company and companies’ sisters can diffuse its Ads on these dedicated services, within the limit of their lifetime or until their suppression.
III.2 Description of the Service LATITUDE LUXE proposed with the Users and with the Advertisers varies according to the quality of “Individual” or “Pro” of the Advertiser.
1)Features accessible to the Advertisers and the Users from the Website consultation from all the diffused Ads the setting in contact with the Advertisers the possibility of advising the Announcement with a friend to
announce an abuse the division of an announcement on Facebook, Twiter, Instagram, Google+, Linkedin, Tumblr
and e-mail via the application button of the division the geolocation of the Ads deposited in all the categories.
2)Features accessible from the Website to the Advertisers the deposit from Announcement:
* safeguard of Ads
* suppression of Announcement: it is possible to remove several Ads in an action
* the modification of Announcement
* the geolocation of the good
the access and the management of the Own account:
* management (actualization, modification, etc…), constantly, of the personal information indicated during the creation of the Own account:
* obligatory Information: name, first name, e-mail, password the exchange of messages deprived between the Users and Advertisers via the Transport.
IV.1 Suppression of the illicit Ads LATITUDE LUXE reserves the right to remove, without notice neither allowance not right to refunding, any Announcement which would be in conformity with the rules of diffusion of the Service LATITUDE LUXE and/or which would be likely to attack the rights of a third.
IV.2 Notification of the abuses It is allowed to any User to announce abusive contents starting from the Website:
•maybe while clicking on the link “to announce abusive contents” located on each page of Announcement.
•maybe by e-mail by clicking on the link “contact”
V.1 Commitments of the Advertiser
The Advertiser guarantees to hold all the rights (in particular intellectual property laws) or to have obtained all the authorizations necessary to the publication of its Announcement.
The Advertiser guarantees that the Announcement does not contravene any regulations in force (in particular relating to publicity, competition, the sales promotion, these of personal data, the prohibition of the marketing of certain goods or services), no right of third (in particular with the intellectual property laws and the rights of the personality) and that it does not comprise any message defamatory or detrimental with regard to third.
Thus, the Advertiser engages in particular so that the Announcement does not contain:
*no false, untrue information or likely to induce in error the Users
*no defamatory mention or likely to harm the interests and/or the image de LATITUDE LUXE of any third
*no bearing contents reached with the intellectual property laws of third
*no contents in promotional matter or advertising executive in link with the activity of the Advertiser.
Indeed, an Announcement is intended to promote a product and is not a support of publicity
The Advertiser is committed proposing in the Ads only goods available it has.
The Advertiser engages, in the event of unavailability of the good, to carry out the withdrawal of the Announcement of the Service LATITUDE LUXE as soon as possible.
The Advertiser states to know the extent of diffusion of the Website, to have taken all precautions to respect the legislation in force of the reception points and to discharge LATITUDE LUXE of all responsibilities in this respect.
Within this framework, the Advertiser declares and recognizes that it is only responsible for the contents of the Ads which it publishes and makes available to the Users, as well as whole document or information that it transmits to the Users. The Advertiser assumes the whole leading responsibility for the contents of the Ads which it publishes. Consequently, the Advertiser raises LATITUDE LUXE , its subcontractors and suppliers, of all responsibilities, guarantees them against any recourse or action in relation to the Announcement which could be brought against the latter by any third, and will take responsibility for its all the damages as well as the expenses and costs to which they could be condemned or which would be envisaged in their opposition by a compromise agreement signed by the latter with this third, not with standing so much any damages whose LATITUDE LUXE, its subcontractors and suppliers could claim at a rate of the detriment a facts of the Advertiser.
By depositing any announcement, each Advertiser recognizes and accepts that LATITUDE LUXE can remove, or refuse, constantly, without allowance nor right to refunding of the sums engaged by the Advertiser for purposes of its depositor of the subscription for Paying Options, an Announcement which would be contrary in particular with the French law, with the rules of diffusion of the Service LATITUDE LUXE fixed by LATITUDE LUXE and accessible likely to attack the rights of third.
In a general way, it is responsibility for the Advertisers to check their statute of individual or of professional, in particular taking into consideration article L 121-1 and L 110-1 of the Commercial law according to which “those are tradesmen which exert commercial transactions and make their usual profession of it” and “the law considers commercial transactions: any purchase of property movable to resell them, either in kind, or after having worked them and implemented […]”.
Any Announcement is diffused, as from the day of its acceptance,
The Advertiser also engages so that its Own account and/or its Account Pro do not contain:
*no false and/or untrue obligatory information
*no information attacking the rights of a third
Within this framework, the holder declares and recognizes that it is only responsible for the information indicated during the creation of his Own account.
By creating an Account, each holder recognizes and accepts that LATITUDE LUXE can remove, constantly, without allowance not right to refunding of the sums engaged by the Advertiser.
V.2 Responsibility and obligations de LATITUDE LUXE
In its capacity as shelter, LATITUDE LUXE is subjected to a mode of attenuated responsibility envisaged to the articles 6.I.2 and following for the law nº2004-575 of June 21st, 2004 for confidence in the digital economy.
LATITUDE LUXE could not thus in no case to be held responsible for the contents of the Ads published by the Advertisers as well as messages and contents exchanged via the Transport and does not give any guarantee, express train or implicit, in this respect.
LATITUDE LUXE is a third with the correspondences and relations between the Advertisers and the Users, and excludes from this fact any responsibility in this respect.
V.3 Limitation of responsibility
LATITUDE LUXE begins to put to work all means necessary in order to ensure as well as possible the supply of the Service LATITUDE LUXE with the Users and the Advertisers.
However, LATITUDE LUXE declines any responsibility in the event of:
*interruptions, of breakdowns, of modifications and of dysfunction of Service LATITUDE LUXE that is to say the support of communication used and this whatever is the origin and the source, the loss of data or of stored information par LATITUDE LUXE.
*It falls on the Advertisers to take all precautions necessary to preserve the Ads which they publish via Service LATITUDE LUXE;
*temporary impossibility of access to the Website because of engineering problems and this whatever are the origin and the source,
*direct or indirect damage caused by the User or the Advertiser, whatever is nature, resulting from the contents of the Ads and/or of the access, management, the Use,
*the exploitation, they dysfunction and/or the interruption of Service LATITUDE LUXE, abnormal use or of an illicit exploitation of Service LATITUDE LUXE very User or Advertiser,
*attacks or hacking, deprivation, suppression or prohibition, temporary or final, and for some cause that it is, of the access to Internet network.
The responsibility for LATITUDE LUXE could be committed only for the direct damage undergone by the Advertiser, resulting from a failure to its contractual obligations as defined in present. The User, the Advertiser thus gives up requiring repair of LATITUDE LUXE with some title that it is, or consequential damages such as the shortfall, the loss of chance, the commercial loss or financial, the increase in overheads or the losses finding their origin or being the consequence of the execution of present.
Any User and Advertiser are then only responsible for the damage caused by the thirds and the consequences of the claims or actions which could result from this.
The User also gives up exerting any recourse against LATITUDE LUXE in the case of continuations expedited by a third in his opposition because of Use and/or of the illicit exploitation of the Service LATITUDE LUXE, in the event of loss by a User or an Advertiser of his password or in the event of usurpation of its identity.
The Users and Advertisers recognize that the points establishments of meeting suggested on the Website like place to proceed to the transaction between the Advertiser and the purchaser, are mentioned only as an indication and that the responsibility for the latter will not be able to in no case to be committed as for the transactions carried out in their establishments. The Users and Advertisers are only responsible for the transactions thus carried out and their consequences.
VI.1 All the intellectual property laws (such as a particular copyright, right close, trademark laws, right of the producers of databases) relating so much to the structure than on the contents of the website and in particular the image, sounds, videos, photographs, logos, brands, graphic elements, textual, visual, tools, software, documents, data, ect… (indicated hereafter as a whole “element”) are booked.
these Elements are the property of LATITUDE LUXE elements are placed at the disposal as of Users and of the Advertisers, free of charge, for the only use of the Service LATITUDE LUXE within the framework of a normal use of its features.
The Users and the Advertisers commit themselves modifying in no manner the Elements.
Any not expressly authorized use Elements of the Website and Applications involves a violation of the copyrights and constitutes a counterfeit.
It can also involve a violation of the rights to the image, right of the people or all other rights and regulations in force. It can thus engage the civic responsibility and/or penal of its author.
VI.2 It is interdict with any User and Advertiser to copy, modify, create a derived work, to reverse the design or the assembly or in any other manner of trying to find the source code, to sell, allot, underlaying off or transferring from some manner that it is straight related to the Elements.
Any User and Advertiser of the Service LATITUDE LUXE engage in particular with not:
*to use or question Service LATITUDE LUXE for the account or with the profit of others;
*to extract, for commercial purposes or not, whole or part of information or classified ads present on Service LATITUDE LUXE on the Website;
*to reproduce on any other support, with commercial purposes or not, whole or part of information or classified ads present on Service LATITUDE LUXE the Website allowing to reconstitute whole or part of the files of origin;
*to use a robot, in particular exploration (spider), an application of research or recovery of websites or any other means allowing to recover or index whole or part of the contents of the Website, except in the event of fast and preliminary authorization de LATITUDE LUXE;
*to copy information from supports of any nature allowing to reconstitute whole or part of the files of origin.
Any reproduction, representation, publication, transmission, use, modification or extraction of whole or part of the Elements and this in some way that it is, made without prior approval and written LATITUDE LUXE are illicit. These illicit acts engage the responsibility for its authors likely to involve legal proceedings in their opposition and in particular for counterfeit.
VI.3 The brands and logos LATITUDE LUXE and latitude-luxe.com, as well as the brands and logos of the partners of LATITUDE LUXE are registered trademarks. Any reproduction total or partial of these brands and/or logos without prior approval and written LATITUDE LUXE is prohibited.
VI.4 LATITUDE LUXE is producer of the databases of the Service LATITUDE LUXE. Consequently, any extraction and/or re-use of the databases within the meaning of the articles L342-1 and L 342-2 of the code of the intellectual property are prohibited.
VI.5 LATITUDE LUXE books the possibility of size legal ways in the opposition as of people who would not have respected the prohibitions contained in this article.
VI.6.1 Links starting from the Service LATITUDE LUXE
The Service LATITUDE LUXE can contain hyperlinks redirecting towards sites exploited by thirds. These links are provided to simple title information.
LATITUDE LUXE does not exert any control on these sites and declines any responsibility as for the access, with the contents or the use of these sites, like with the damage being able to result from the consultation of information present on these sites.
The decision to activate these links concerns full and whole responsibility for the User. 6.6.2
VI.6.2 Links towards the Service LATITUDE LUXE
No hyperlink can be created towards the Service LATITUDE LUXE without the prior consent and express of LATITUDE LUXE.
If a Net surfer or a legal person wishes to create, starting from its site, a hyperlink towards the Service LATITUDE LUXE and this whatever the support, it must get in touch with LATITUDE LUXE by addressing e-mail at the address following firstname.lastname@example.org
Any silence of LATITUDE LUXE will have to be an interpreter like a refusal.
VI.6.3 The contents of the Ads deposited belong to the Advertisers, nevertheless, by depositing Adson the Website, the Advertiser concedes:
To LATITUDE LUXE the right of exploitation non-exclusive, transferable, under licensable, free of charge, for the whole world on the whole of the contents of the Ads and in particular on the photographs, texts, videos, illustrations, brands, logos, titles (here after “Contents”), as their publication on the Site that a licence on the whole of the intellectual property laws afferent with the Contents and in particular on the copyrights on the elements used in its Announcement, such as the photographs, sound texts, videos, drawings, illustrations, elements, and this for all the legal duration of its intellectual property laws and for the whole world.
The rights thus conceded include the right to reproduce, represent, diffuse, adapt, modify, carryout a derived work, to translate whole or part of the Contents by all proceeded, in some form that it is and on all supports (digital, printed…)known or unknown to date, within the framework of the service LATITUDE LUXE or in relation to the activity of LATITUDE LUXE, and this with commercial purposes or not and in particular advertising executives, as within the framework of a diffusion on the social networks on which LATITUDE LUXE is present and in particular the Facebook pages, Instagram and Twitter of LATITUDE LUXE.
In particular, the photographs of the Ads could be reproduced and integrated into advertising formats diffused on the Website, only in link with the Announcement deposited.
The Advertiser grants its assent to the resumption of its Announcement and the Contents of the latter on the social networks, in particular Facebook, Instagram and Twitter.
Under this license, LATITUDE LUXE, without that not creating with its load an obligation to act, is in right to be opposed to the reproduction and the exploitation by thirds not – authorized Ads diffused on the Website and of their Contents.
-with the users, right the non-exclusive one to reach the Contents via the Service LATITUDE LUXE and to use and represent the Contents in the measurement authorized by the features of the Service LATITUDE LUXE, and this for the whole world.
VII.1 LATITUDE LUXE reserves the right, constantly, to modify or stop the accessibility of whole or part of the Service LATITUDE LUXE and/or the Website or the Applications.
VII.2 LATITUDE LUXE books the possibility of modifying, constantly, in whole or part of the CGU. The Users and the Advertisers are invited to consult the present CGU regularly in order to become acquainted with possible changes carried out. The Use of the Site by the Users and the Advertisers constitutes acceptance by the latter of the modifications made to the CGU.
If part of the CGU were to prove to be illegal, invalid or inapplicable, for whatever reason that it is, the provisions in question famous would be not written, without calling into question the validity of the other provisions which will continue to apply between the Users or the Advertisers and LATITUDE LUXE.
The present CGU are subjected to the French right and Laws.