Terms and Conditions
SARL unipersonnelle with a capital of 10 000,00 €
RC Mulhouse B 302 133 939 – SIREN 30213393900017
Head office : 7 RUE DU GEN DE GAULLE 68400 RIEDISHEIM
Email : firstname.lastname@example.org ,
administre ou gère un ou plusieurs établissements exerçant une ou plusieurs activités liées au secteur de la gastronomie et du tourisme..
These general conditions of use apply to all websites (hereinafter “the Sites”), mobile applications and tablets (hereinafter “the Applications”) and/or their localized variations, published by the societyMariella Kieny .
Users declare having obtained fromMariella Kieny all the information necessary before accessing the services offered by the Sites and/or Applications and adhere unreservedly to these general conditions of use.
As a result, these general conditions of use govern the relationship betweenMariella Kieny and any user of the Sites and/or Applications. These general conditions of use apply from the first connection to the Sites and/or Applications by the user, who accepts to be subject to the rights and obligations of these conditions without reservation. If you do not agree to these general conditions of use, you are not authorized to use the Sites and/or Applications.
The purpose of these general conditions of use is to set the conditions of access and use of the Sites and/or Applications, as well as the rights and obligations arising therefrom.
- Contract documents
The contractual documents are, in descending order of priority:
– special conditions of use specific to certain services;
– these general conditions of use.
In the event of contradiction between documents of a different nature, it is expressly agreed that the provisions contained in the higher-ranking document will prevail for the obligations in conflict of interpretation.
- Changes and developments
3.1 Modifications and evolutions of services
Mariella Kieny reserves the right to make changes and/or improvements and/or changes to the Sites and/or Applications.
Mariella Kieny reserves the right to modify the terms of access to the services, particularly on a technical level.
Furthermore,Mariella Kieny reserves the right to cease, permanently or temporarily, one or more service(s) available on the Sites and/or Applications.
Consequently, users acknowledge and accept that no compensation can be granted to them for a modification of one or more services offered byMariella Kieny on the Sites and/or Applications.
3.2 Modifications and evolutions of the general conditions of use
Mariella Kieny may, at any time and without notice, modify the terms of these general conditions of use. These modifications come into force as soon as they are posted on the Sites and/or Applications.
Any access or use of the Sites and/or Applications, after entry into force of the modifications to the relevant conditions of use, implies acceptance of the new general conditions of use of the services offered.
It is therefore recommended that the user of the Sites and/or Applications regularly consult the general conditions of use accessible on the Sites and Applications in order to be aware of any modifications and/or changes thereto.
- User obligations
Mariella Kieny grants users of the Sites and/or Applications the right to access and use the Sites and/or Applications exclusively for private, non-commercial use. Any collective and/or commercial use is strictly prohibited.
The user undertakes, in the context of the use of the Sites and/or Applications, to comply with these general conditions of use.
The user undertakes to use the Sites and/or Applications as well as all the information to which he may have access only for a purpose consistent with the Sites and Applications, public order, good morals, rights of third parties,Mariella Kieny , as well as the rules of ethics that regulate the Internet.
The user undertakes not to commit any act that may jeopardize the computer security of the user or other users of the Sites and/or Applications and not to disturb the use they may make of the Sites and/or Apps.
The user undertakes to informMariella Kieny , by registered letter with acknowledgment of receipt, of any complaint, legal action, complaint of which it could be the object and which could have consequences on the present general conditions of use.
Furthermore, the user is prohibited from proceeding on the Sites and/or Applications to automated queries in any form whatsoever (software, meta-search, etc.).
- Interactive services
5.1 Access to Interactive Services
Mariella Kieny offers users of the Sites and/or Applications the possibility of benefiting from interactive services (hereinafter the “Interactive Services”).
The Interactive Services consist of the possibility for users of the Sites and/or Applications to publish content (hereinafter the “User Content”) of the type:
opinions and/or comments, texts, menus, descriptions, in particular on restaurants, shops, places, sites, photographs in particular of restaurants, shops, products, places, sites;
User Content is made available to other users of the Sites and/or Applications concerned.
Depending on the User Content concerned, users of the Interactive Services will have to comply with certain format or size conditions that will be indicated to them in the publication form concerned.
Access to the Interactive Services may be subject to the prior creation of a personal “My Account” account in order to allow:
atMariella Kieny to optimize your use of the Interactive Services and to comply with its legal identification obligations;
all users of the Interactive Services to recognize their own contributions.
The conditions and procedures for processing personal data collected byMariella Kieny on the occasion of the creation of the personal account “My Account” are governed by the provisions of the Personal Data Protection Charter.
You agree not to publish User Content that is contrary to the laws and regulations in force.
In particular, you are prohibited from publishing User Content:
– unrelated to the subjects covered;
– contrary to public order or morality;
– defamatory, insulting, inappropriate, abusive, hateful, pornographic, pedophile, revisionist, damaging the honor or reputation of others, including that ofMariella Kieny , threatening a person or a group of people;
– inciting discrimination, hatred of a person or a group of people because of their origin, their sexual orientation, their disability, or their membership or non-membership of an ethnic group, a nation , a specific race or religion or advocating war crimes or crimes against humanity (incitement to hatred or violence);
– infringing the rights of third parties, intellectual property, privacy, image rights and in particular, but not exhaustively:
– aimed at disseminating in any form whatsoever content constituting infringement of patents, registered trademarks or infringing commercial secrecy or any other right relating to the intellectual property of third parties (copyrights, related rights, etc.) , including removing or erasing any copyright or trademark notices and any limiting legends;
– aimed at downloading, displaying, transmitting in any way whatsoever or directing Internet users directly (hyperlink) or indirectly to any content containing pirated software, software serial numbers, software enabling acts of piracy and intrusion into computer and telecommunications systems, computer viruses or any code, file or programs designed to interrupt, destroy or limit the functionality, in particular, of any software, computer or telecommunications tool and, in general, any software or other tool allowing the rights of others and the safety of persons and property to be infringed;
– aiming to disseminate deliberately false information with the aim of harming others or aiming to encourage, help, peddle or in any way spread rumors and/or violating the privacy of correspondence;
– aimed at attempting to mislead other Internet users by usurping the name or identifier of a user of the Sites and/or Applications;
– aimed at downloading, collecting, storing personal and/or nominative data relating to other Internet users;
– aimed at disseminating in any form whatsoever content that the law or contractual relations do not allow to be transmitted, such as information internal to a company or relating to intellectual property, confidential information received or communicated within the framework of professional relationships or subject to a confidentiality clause;
– aimed at committing any action that has a disruptive effect and/or hinders the real-time communication capabilities of “My Account”, the Sites and/or Applications;
– aiming to use the online communication space for advertising, professional or commercial purposes (prospecting, soliciting or prostitution) or in general to offer products and services that directly or indirectly remunerate a third party;
– aimed at diverting the purpose of the online communication space for the purposes of propaganda, proselytism;
– inviting visitors to visit a paying site or having a commercial or advertising purpose;
– harming minors in any way;
– inciting suicide or carrying out violent actions against oneself or others;
– aimed at harassing others;
– inciting the mistreatment and/or attack of individuals or animals;
– related to the manufacture or trade in weapons or explosives.
Mariella Kieny acts, within the framework of the provision of the Interactive Services, as a technical service provider hosting the User Content published via the Interactive Services.
The user acknowledges, however, thatMariella Kieny may verify User Content by any means it deems useful after it has been put online, either directly or by calling on a moderator.
Users thus recognize Mariella Kieny the ability, at its sole discretion, to modify or delete any User Content that appears to it to be contrary to the editorial line of the Sites and/Applications, to the laws and regulations in force and in particular to the prohibitions referred to in this article, or which would have been reported as such by the judicial authority.
A warning device is made available at any time to any person who wishes to report the publication on the Sites and/or Applications of any content contrary to the provisions of these general conditions of use, and more generally to the laws and regulations in force. force of which it is aware.
To exercise this option, you can send us any complaint by using the online form available by clicking on the “Contact us” section, by sending us all the information you deem useful for this purpose.
We draw your attention to the fact that all your statements are likely to be used in the context of legal actions. The provision by you of false, inaccurate or misleading information may engage your civil and criminal liability.
- Hypertext links
The establishment of a link to the Sites and/or Applications without the express and prior authorization ofMariella Kieny is prohibited. In any case, the hypertext links referring to one of the Sites and/or Applications must be removed at the first request ofMariella Kieny .
Consequently, the following are prohibited in particular:
– any automatic insertion link (inline linking) allowing the Internet user to automatically view content from the Sites and/or Applications in a specific location;
– any framing link allowing a page of one of the Sites and/or Applications to appear in a frame within the page of the Site or Application visited by the Internet user;
– any link from sites contrary to the prohibitions referred to in the “Prohibitions” article of these general conditions of use.
By these general conditions of use and by derogation the article “Ownership” of these general conditions of use,Mariella Kieny however, allows you to create:
– one or more simple hypertext link(s) pointing to the home page of one of the Sites and/or Applications;
– one or more simple hypertext link(s) pointing to the home page of the various sections of one of the Sites and/or Applications;
– one or more hypertext link(s) which point(s) to a map, to an itinerary, a list of points of interest and/or a descriptive sheet, following the instructions of the services of the Site and/or Application that offer this option.
7.1 Responsibility for Mariella Kieny
Mariella Kieny undertakes to use its best efforts to provide users with accurate and verified information, but cannot guarantee the accuracy, completeness or timeliness of the information disseminated on the Sites and/or Applications.
Mariella Kieny undertakes to make its best efforts to ensure that users have the Sites and/or Applications available at all times. HoweverMariella Kieny cannot be held liable in the event of partial or total unavailability of the Sites and/or Applications, for any reason whatsoever. In any case, the user cannot rely on any difficulty in accessing the Sites and/or Applications to access information in breach of these general conditions of use.
The responsibility ofMariella Kieny cannot be held liable by users of the Sites and/or Applications for indirect and/or unforeseeable damage suffered by the user.
Are considered as indirect damages in particular the loss of data, time, profits, turnover, margins, loss of orders, of customers, of exploitation, of income, of commercial actions or even the attack on branding, expected results and third party action. Mariella Kieny cannot be held responsible in the event of investment orders or decisions based on information contained on the Sites and/or Applications or accessible through the Sites and/or Applications.
Finally, the user is informed of the risks inherent in the use of the Internet, particularly in terms of lack of security in the transmission of data and acknowledges having the skills and means necessary to access and use the Sites and/or Apps. Never,Mariella Kieny cannot be held responsible for these risks and their consequences, which are detrimental, whatever the extent, for the user.
7.2 Liability for Interactive Services
The user acknowledges that any User Content published via the Interactive Services remains the responsibility of its author and cannot in any way be assimilated to any opinion, opinion or commentary ofMariella Kieny , its partners, affiliates or employees.
The editorial responsibility ofMariella Kieny , a technical service provider hosting User Content published via the Interactive Services cannot therefore be held liable for the publication of User Content in the context of the provision of Interactive Services.
Mariella Kieny is therefore not subject to a general obligation to monitor the User Content it stores, nor to a general obligation to seek facts or circumstances revealing illicit activities, nor to a guarantee obligation concerning the accuracy, the probity or honesty of User Content published on the Sites and/or Applications.
Consequently, the responsibility of Mariella Kieny can in no way be held liable for the activities or User Content if Mariella Kieny did not have actual knowledge of their illegal nature or of facts and circumstances giving rise to this character or if, from the moment he became aware of them, he acted promptly to remove these data or to make access to them impossible.
7.3 Liability for Third Party Services
The Sites and/or Applications may contain links to third party sites such as rental companies, hoteliers, hotel reservation platforms offering a certain number of services, as well as content or services offered directly to users by third parties, restaurateurs , weather information providers, etc. (hereinafter “Third Party Services”). Mariella Kieny has no control over the providers of Third-Party Services and therefore assumes no responsibility for the quality, availability or content of Third-Party Services.
Mariella Kieny will therefore in no way be liable for any damages, direct or indirect, that may arise from the use of Third-Party Services by the user.
8.1 Content of Mariella Kieny
Items belonging to Mariella Kieny, such as Sites, Applications, trademarks, designs, models, images, sound and video clips, texts, photos, logos, graphic charter, software, search engine, databases, taken as a whole or individually, without this list being exhaustive, are the exclusive property of Mariella Kieny.
These general conditions of use do not imply any transfer of any kind of intellectual property rights on the elements belonging toMariella Kieny for the benefit of users.
Is therefore unlawful and in particular:
– any adaptation, making available to the public at its request or not, distribution, redistribution in any form whatsoever, networking, public communication of all or part of the Services, works, services, trademarks and all elements protected or likely to protection by intellectual property law reproduced on the Sites and/or Applications;
– any extraction or reuse, including for private purposes, of a substantial part of the content of the databases constituted by the Sites and/or Applications;
– any repeated and systematic extraction or reuse, including for private purposes, of even a non-substantial part of the content of the databases constituted by the Sites and/or Applications;
– any link, access, modification, addition, deletion which relates to the automated processing system of online publishing and modifies the conditions of publication or the editorial policy;
– any action having the effect of creating an analogy or confusion in the mind of the public between the Services of the Sites and/or Applications and the products or services of third parties. To this end, the user undertakes to take – all the necessary measures to protect the said rights with regard to all third parties and, in particular, will maintain all the proprietary notices that will be made on all the data. , information and more generally on the elements that can be consulted on the Sites and/or Applications or that are communicated to it by Mariella Kieny ;
– fraudulent access and maintenance in an automated data processing system;
– the fraudulent deletion, modification or addition of data in this system;
– the fact of obstructing this system.
As such, any use, not expressly authorized in writing and in advance byMariella Kieny is prohibited and constitutes an infringement. Any user who acts in fraud of these general conditions of use exposes himself to civil or criminal proceedings which punish in particular infringements of copyright, neighboring rights, the rights of database producers as well as systems automated data processing.
8.2 User Content
User Content remains the property of their authors or their assignees.
Users grant Mariella Kieny a license, free of charge, non-exclusive to represent, reproduce, exploit, modify, adapt, in particular in terms of size, definition, framing, transition to black and white, attenuation, transparency, archiving, translating User Content, or integrating it to other content, on all paper or digital media, in particular the Sites, Applications, media aimed at promoting the products and/or services of Mariella Kieny, and all other products ofMariella Kieny , known and future, for promotional or commercial purposes, and by all means, for the whole world and for the duration of the literary and artistic property rights attached to the User Content concerned and current and future international conventions.
Mariella Kieny will make its best efforts to respect the moral rights of authors, and in particular the right to paternity of authors of photographic works.
The user declares that he has all the intellectual property rights, whether intellectual creations belonging to him or of which he has ensured all the prerogatives, in particular intellectual property, necessary, allowing him to accept these general conditions of use and to comply with all the stipulations thereof.
As such, the user guaranteesMariella Kieny the peaceful enjoyment of the User Content that it publishes on the Sites and/or Applications. The user therefore undertakes to assume full responsibility for any action, claim, demand, eviction, recourse or opposition from any third party invoking an intellectual property right or an act of unfair and/or parasitic competition to which it would have been infringed by the publication of the User Content concerned.
Consequently, the user will be responsible for all damages to which would be condemned Mariella Kieny due to an act of counterfeiting or unfair competition or parasitism resulting from the publication of the User Content concerned, and this, as soon as the condemnation pronouncing them becomes enforceable, as well as the costs of any kind borne by Mariella Kieny to ensure his defence, including attorney’s fees.
The user shall likewise indemnifyMariella Kieny of all the harmful consequences suffered by it as a result of the disturbances in its peaceful enjoyment.
Failure to comply with the provisions of this article may result in the withdrawal of the disputed User Content, notwithstanding any other legal action and/or damages thatMariella Kieny would be entitled to claim.
8.3 Third Party Content
Elements belonging to third parties, such as websites, trademarks, drawings, models, images, sound and video clips, texts, photos, logos, graphic charter, software, without this list being exhaustive (hereinafter “the Contents third parties”), are the exclusive property of their author and are protected as such by copyright, trademark law or any other right recognized by the legislation in force.
These general terms and conditions of use do not imply any transfer of any kind of intellectual property rights over Third-Party Content for the benefit of users unless expressly authorized byMariella Kieny or its author. Consequently, the user is prohibited from infringing, in any way whatsoever, on these rights.
Users acknowledge, insofar as the Third-Party Content expressly refers to the websites on which it is available, that no confusion of any kind is possible and that these elements and content cannot reasonably be presumed to be being the property ofMariella Kieny .
- Computing and Freedom
In accordance with the regulations relating to the protection of personal data and in particular the law n ° 78-17 of January 6, 1978 relating to data processing, files and freedoms, modified and its decree of application, Mariella Kieny may collect personal data essential for the provision of certain services to users of the Sites and/or Applications.
The conditions and procedures for processing personal data collected byMariella Kieny when using the Sites and/or Applications are governed by the provisions of the Personal Data Protection Charter.
In application of the law relating to data processing, files and freedoms of January 6, 1978 modified, you have a right of interrogation, access, modification, rectification, deletion and opposition for reasons legitimate rights of your personal data, as well as the right to define directives relating to the fate of your data after your death.
To exercise this right, simply send us a letter, accompanied by a copy of an identity document, to the following address:Mariella Kieny , Customer service,7 RUE DU GEN DE GAULLE 68400 RIEDISHEIM .
- Non-compliance with the general conditions of use
In the event of breach of the obligations of these general conditions of use,Mariella Kieny may take any measures it deems useful with respect to the user at the origin of the breach.
- Convention of proof
All the letters exchanged between the parties have the value of proof and will therefore be binding on them.
The computerized records kept in the computer systems ofMariella Kieny will be kept under general security conditions and considered as proof of communication between the parties.
The archiving and storage of access to the services are carried out on a reliable and durable medium that can be produced as evidence.
- Direct debit and notification
Mariella Kieny elects domicile at the address appearing on the Sites and/or Applications.
- Customer service
For any information or question relating to the use of the Site and/or Applications, customer serviceMariella Kieny is available to users by sending an e-mail to : email@example.com .
- Applicable law and competent jurisdiction
These general conditions of use are governed by French law.
This is the case for substantive rules as well as formal rules regardless of the user’s access location and regardless of the content of the data.
IN THE EVENT OF A DISPUTE, EXPRESS JURISDICTION IS ATTRIBUTED TO THE COURTS OF:Mulhouse , NOTWITHSTANDING PLURALITY OF DEFENDANTS OR APPEAL IN WARRANTY, EVEN FOR EMERGENCY PROCEDURES OR FOR PRESERVATIVE PROCEDURES, IN REFERENCE OR BY REQUEST.
Last Updated: November 12, 2021 .
- Your personal information
The personal information that we collect as part of registration for My Account helps us to offer you a unique browsing experience through applications and websites.Mariella Kieny and its partners. This data may be collected directly from you byMariella Kieny , or be transmitted to us by a partner social network when you register or connect. When you register or connect using social network data, you are informed of the data transmitted to us by the social network concerned and we first seek your authorization to proceed with this transmission.
Insofar as you have given your consent to this, Mariella Kieny, in its capacity as data controller for the collection of personal data from My Account, implements the processing of personal data for the purpose of creating a consumer database for the purposes of loyalty, prospecting , promotion, behavioral studies and/or marketing.
This database will then be used byMariella Kieny for the information and promotion of its products and services and by all the companies ofMariella Kieny or its partners, for the information and promotion of its own products and services, all of these entities acting as data controllers.
Your personal data may also be used for prospecting purposes by third-party companies, if you have given your consent by checking the box provided for this purpose.
Mariella Kieny undertakes to strictly comply with the legislation in force in order to protect the privacy of its users and not to keep your data beyond the period necessary for the management of the commercial relationship and for 5 years in the event of commercial prospecting .
The identifiers and passwords, such as you define or use them during your registration, or as possibly modified later by your care, are personal to you. This information is strictly confidential. Each user remains fully responsible for the use of these identifiers and passwords, which he undertakes to keep secret and not to disclose in any form whatsoever to third parties. Insofar as you communicate them to third parties, you acknowledge that you remain the sole master and responsible for the use that may be made of them. Mariella Kieny cannot be held liable for the use by this third party of these identifiers.
In accordance with the modified law of January 6, 1978, relating to data processing, files and freedoms, you can exercise your rights of access, rectification and opposition, as well as the right to define directives relating to the fate of your data after your death by contactingMariella Kieny ,7 RUE DU GEN DE GAULLE 68400 RIEDISHEIM .
- Conditions of use of the My Account service
Mariella Kieny offers you the possibility of creating an Account and grants you the right to use it exclusively for private and non-commercial use. Any collective and/or commercial use is strictly prohibited.
When registering for My Account, you are asked to complete a registration form. In accordance with the regulations in force, this form indicates the information required to be able to register. We can also make available to you the possibility of registering and logging in using the identifiers and access codes that you use on certain identified social networks. Mariella Kieny then delegates the management of your registration and/or connection to the social network concerned and in no case collects your identifiers and passwords.
All the information we collect when you register allows us to optimize your use of these services and to comply with legal identification obligations.
Your Account allows you to use the interactive services of applications and websites that connect to it (hereinafter “Services”). You agree to use these Services in accordance with the regulations in force. In particular, we urge you to exercise restraint and caution in expressing the content and opinions that you wish to disseminate through the Services. Once your content or opinion has been published, it may be distributed on all digital or paper media on all the Services published or offered byMariella Kieny . You agree not to publish content and opinions on the Services that are contrary to the laws and regulations in force.
In particular, you are prohibited from:
– to disseminate information contrary to public order or morality,
– to divert the purpose of the Service to carry out propaganda or proselytism, prospecting or soliciting,
– to publish information of a commercial or advertising nature or constituting propaganda in favor of tobacco, alcohol, or any other regulated substance, product or service,
– to use the Services offered under conditions such as not to disturb the free communication of other users or not to transmit content constituting or inciting the commission of acts punishable by law,
– to disseminate content that contravenes the personality rights of third parties or that is defamatory, abusive, obscene, pornographic, offensive, violent or inciting discrimination, political violence, racist, xenophobic, sexist or homophobic,
– to publish information contravening the legislation on the protection of personal data allowing the identification of natural persons without their consent, in particular their surname, postal and/or electronic address, telephone, photograph, sound or audiovisual recording,
– to fraudulently access the Services and the Accounts of third parties.
You are also prohibited from infringing the intellectual property rights of third parties, in particular by removing or erasing any mention of copyright or trademarks, as well as any restrictive legend.
You agree to only use content (texts, photos, etc.) to which you have the necessary rights for their distribution, for which the rights holder has given his express consent for their distribution, or which are free of any rights. You guarantee toMariella Kieny that you have the necessary rights to publish the content and opinions published. By rights, we mean in particular, without the list being exhaustive, the rights relating to personality, copyright, trademark law.
You acknowledge thatMariella Kieny can verify by any means it deems useful the content and opinions posted online either directly or by calling on a moderator. Users thus recognizeMariella Kieny the ability, at its sole discretion, to delete any content or opinion which appears to it to be contrary to the laws and regulations in force and in particular to the prohibitions referred to in these conditions of use, or which has been reported to it as such by the judicial authority.
Failure to comply with these conditions may result in the removal of the disputed content, a warning and/or the closure of your Account, notwithstanding any other legal action and/or damages thatMariella Kieny would be entitled to claim.
FAILURE BY THE USER, REGARDLESS OF HIS LOCATION, OF ANY OF THE PROVISIONS OF THESE GENERAL CONDITIONS OF USE AND MORE GENERALLY ANY DIFFICULTY CONCERNING THEIR EXECUTION, INTERPRETATION OR VALIDITY, IS SUBJECT TO FRENCH LAW AND TO THE COURTS OF:Mulhouse .
Last Updated: November 12, 2021 .
© 2022 Mariella Kieny.Tous droits réservés.