URBANGAY - Terms of Use

Introduction

(Terms of Use: URBANGAY, revised on August, third 2015)
These Terms of Use only apply to the entire contents of the present website under the domain: URBANGAY.
The 123MULTIMEDIA Company offers on telecommunications networks a dating service between peoples.
The URBANGAY service is a dating site accessible via Internet and cellular phones.
The functionalities of the 123MULTIMEDIA service are free thanks to advertising on the pages of services.
We ask you to carefully read the Terms of Use below before participating with the 123MULTIMEDIA Company in the development of a responsible and high quality site. In becoming URBANGAY, you undertake to comply with these Terms of Use. If you do not accept these Terms of Use, you should not register. Registration for one or more Services, as well as use of this site, implies full and complete acceptance of these Terms of Use by the User. By connecting to the service, the User acknowledges that he/she is bound by all clauses of the Terms of Use.
These Terms of Use are the property of the 123MULTIMEDIA Company. Consequently, and without limitation, any dissemination, exploitation, representation, reproduction or use, whether partial or total, on any medium, of these Terms of Use, other than for strictly personal purposes, requires 123MULTIMEDIA Company prior authorization. Failure to obtain such authorization shall render the infringing party liable to criminal and civil prosecution.

Article 1. Definitions

The list of words below, which start with a capital letter, have been defined for the purposes of these Terms of Use as follows:
"123MULTIMEDIA" refers to the group of Services, the purpose of which is to facilitate online meetings between individuals, for personal, leisure and non-business purposes URBANGAY is accessible from multiple platforms (Internet, mobile application, etc.) without payment.
"URBANGAY Service" refers to the entirety of the Services accessible to URBANGAY Users, whether unpaid.
"User(s)" refers to any or all valid registered users of services.
"Terms of Use" refers to this contract.

Article 2. Services Access URBANGAY

2.1 Access to the Service procedure and conditions URBANGAY, beginning of the contract

2.2 General Access Conditions

The equipment (computer, software, telecommunications systems, etc.) used to allow access to Services shall be the responsibility of the User, as shall the telecommunications costs incurred by its use.

2.3 Terms of access to the URBANGAY Service by entering the "free access" mode

Anyone interested by the service must have read and accepted the Terms of Use, the charter of use cookies and the Privacy policy and have completed all mandatory fields on the URBANGAY Service, or at least the following personal information :

2.3 Terms of access to the URBANGAY Service by entering the "Access VIP" mode

Users have the opportunity to register as "VIP" URBANGAY Service for additional features. Always free, it will provide more information (email, password…). Some elements (photos, videos…) will be eligible for public distribution to other users except for personal details (email, phone number, etc.) whose distribution to other users is expressly prohibited by 123MULTIMEDIA. Personal information may be modified at any time by the user from the section "My account" The user guarantees that the information communicated is accurate and truthful. It undertakes to inform the 123MULTIMEDIA Company without delay when he changes data that he provided when registering as "VIP User" and to make himself changes in his personal space of URBANGAY website. Each "VIP" has a login (name specified by the user) and a password. There information are strictly personal and confidential and the user should not be communicated and not shared with other peoples. The User shall be solely liable for the use of this identification information by third parties or for the actions or statements made through account, whether these be fraudulent or not. The User holds the 123MULTIMEDIA Company harmless against all claims of this kind. In addition, the 123MULTIMEDIA Company not have the obligation or the technical means to check the identity of every person registered with its Services. If the User has reason to believe that a person is using his or her User identification information or account, he or she must inform the 123MULTIMEDIA Company immediately.

Article 3. Use of Services

Once registered, the user will benefit from an access to the service URBANGAY free of charge.

3.1. 123MULTIMEDIA Company Obligations

URBANGAY purpose is not to advise on or broker either marriage or long-term relationships. 123MULTIMEDIA activity does not include organizing offline meetings, supplying access to the Internet network, or providing an electronic communication Service to the public. Consequently, 123MULTIMEDIA Company has no legal obligation to identify Users when they connect to the website or to monitor content published by Users. Because the 123MULTIMEDIA Company is technically incapable of providing such Services, the 123MULTIMEDIA Company does not undertake contractually to identify Users or to moderate in respect of content which they publish under their own responsibility.
123MULTIMEDIA Company cannot be held liable for false declarations made by a User. Therefore, it is imperative that Users take certain precautions when arranging to meet up with another User. The 123MULTIMEDIA Company assumes no responsibility for meetings between Users and/or non-Users as a consequence of the use of the URBANGAY website and Services. In addition, on a first date, it is recommended that you tell someone close to you and choose a public place (coffee place, pub, restaurant etc.).
In this respect, the 123MULTIMEDIA Company reminds its users that they are prohibited from using URBANGAY service to disclose information that allows them to be identified, such as last names, mailing/email addresses, or telephone numbers, to other URBANGAY users.

3.2. "VIP users" Obligations

When using the URBANGAY Service, the User undertakes in particular to comply with contract law, the rights of third parties and these Terms of Use.

3.2.1. General Obligations

The User has the following General Obligations:

3.2.2. Essential Obligations

The User has the following Essential Obligations:

Failure to comply with the Essential Obligations as set out above shall constitute a serious breach by the Users of his/her obligations. Without prejudice to the provisions of the Article "Termination", where the User fails to comply with one or more of these Essential Obligations, the 123MULTIMEDIA Company be entitled to terminate the contract and will definitively delete the account of the User concerned.

Article 4. Personal privacy and protection of data Users

The 123MULTIMEDIA Company upholds the strictest of standards with respect to protection of privacy and of personal information, and has made a declaration to the French data protection authority (Commission Nationale de l'Informatique et des Libertés - CNIL), using number 172 0 973.
Some information, comments or content (photographs) that the Users optionally provides may possibly, under the responsibility and on the initiative of the Users concerned, reveal the ethnic origin of the Users, his/her nationality, religion and/or sexual orientation. By providing such information, all optional, the User concerned manifests his/her intention and, consequently, expressly consents to, and takes sole responsibility for, the processing of this "sensitive" data by the 123MULTIMEDIA Company comprising of any and all companies within which the 123MULTIMEDIA Company holds a participation, as well as their service providers located within and outside of the European Union, and freely takes the exclusive responsibility thereof.
Each User can access or request access to information concerning him/her in order to have it modified, deleted or to forbid any use by the 123MULTIMEDIA Company of it. Users can submit such requests for access by mailing requests to the following address: 123MULTIMEDIA BP 73675 - 31036 Toulouse CEDEX 01, France and each User shall carefully identify the sender's personal information.
Each User can, at the time of registration or at any time thereafter, request to receive and, subsequently, request without charge via the 123MULTIMEDIA to cease to receive, the 123MULTIMEDIA Company newsletters and/or promotional offers sent to her/him by email or to cellular phone from the 123MULTIMEDIA Company and/or its partners. The rights and warranties of URBANGAY Users notably comply with the French law on "information technology and civil liberties", no.78-17 dated 6 January 1978

4.1. When and why do we gather information about you?

The Users is asked to supply information about himself/herself when he/she registers with the URBANGAY service , participates in a contest, responds to a survey, participates in a chat. Certain items of information are mandatory in order to gain access to URBANGAY Service.
We use your data to help protect you and display advertisement that may interest you.

4.2. What kind of information do we gather?

Personal information gathered by the 123MULTIMEDIA Company can include your name, mailing and/or email address, fixed line and/or cellular telephone numbers, information about your physical appearance, photographs, voice recording, video, personal values, interests, and your use of the Service.
With your permission, we may also collect your precise geolocation, your demographic data to provide you relevant advertising offers.
Furthermore, certain non-personal information are also gathered, such as the version of the User's and any other visitor's web browser (Firefox, Chrome, Safari, Internet Explorer, etc.), the operating system (Windows OS, Mac Os, etc.) and the IP address of the computer from which they are visiting.
Finally, the 123MULTIMEDIA Company may be using cookies, designed to store information used to identify the User while he/she is browsing on the 123MULTIMEDIA websites, in order to allow the User to continue browsing without having to re-enter this information for each new page. The User always has the option of preventing the use of cookies by modifying the options of his/her web browser. To obtain further information about this, please refer to the browser-specific advice on option modification, which is accessible on the "Your Traces" ("Vos Traces") section of the website of the French data protection authority (CNIL): www.cnil.fr.
Additional information may be found in our dedicated Cookie Policy.

4.3. Who has access to your information?

4.3.1 The information gathered about you when you register with URBANGAY and subscribe to our Services is used to offer you our different Services. All precautions have been taken on our databases to archive your information in a secure environment. Only a small number of our employees have access to your information, which is only accessible in case of necessity. The personal information you provide at the time of registration or connection which does not comprise your personal ad and your profile will not be accessible by third parties, nor passed on, sold or exchanged, except in the cases named below and subject to your prior information and agreement, or in assumption of your non opposition hereto. Processing implemented by other entities of the 123MULTIMEDIA Company are subject to their specific privacy policies.
4.3.2 We may send you promotional offers, subject to your explicit and informed consent given during registration, unless you choose not to be contacted during your registration or unless you change your mind at any moment thereafter. If you do not wish to receive any special offers from the 123MULTIMEDIA Company, let us know when you subscribe, or alternatively at any time by going to "My Account" on the URBANGAY websites.
4.3.3 The 123MULTIMEDIA Company may occasionally share general socio-demographic information that does not include names with selected partners to allow them to target their announcements (by age category, gender, etc.). In this case, we will not send these partners any information that would allow them to identify you.
We may also share personal data with third parties, including advertisers, to develop and to present targeted advertising and perform analyzes and reports on advertising that you see.

Article 5. Intellectual property

5.1. Content broadcasted by the 123MULTIMEDIA Company

The trademarks (including 123MULTIMEDIA, URBANGAY), logos, graphics, photographs, animations, videos and texts featuring on the websites and in Services are the intellectual property of the 123MULTIMEDIA Company and may not be reproduced, used or represented without the express permission of the 123MULTIMEDIA Company or its partners, under threat of legal action.
The rights of use accorded by the 123MULTIMEDIA Company to the User are strictly limited to accessing. Any other use by the User is prohibited without the authorization of the 123MULTIMEDIA Company.
In particular, the User is prohibited from modifying, copying, reproducing, disseminating, transmitting, exploiting for commercial gain and/or distributing in any form whatsoever the URBANGAY website, the site pages or the software codes for elements comprising the Services and websites.

5.2. Users provided content

The User grants to the 123MULTIMEDIA Company a licence to use the intellectual property rights attached to the content provided by the User for the purpose of broadcasting on the URBANGAY website. This licence in particular incorporates the right for the 123MULTIMEDIA Company to reproduce, represent, adapt, translate, scan, use for URBANGAY service, the content concerning the User (information, images, videos, descriptions, search criteria, etc.) on all or part of the URBANGAY Services (on the sites, by email) and/or in mailings sent by the 123MULTIMEDIA Company and, in a general manner, on all distribution media, in particular electronic (email, text messaging, MMS, WAP, Internet).
The User expressly authorizes the 123MULTIMEDIA Company to modify this content in order to conform to the look and feel of the URBANGAY service and/or other communications media above, and/or to make this content compatible with its technical processes or appropriate media formats. These rights are worldwide and exist for the entirety of the agreement set out in these terms and conditions between the user and the 123MULTIMEDIA Company. The User is prohibited from copying, reproducing or otherwise using for any purpose the content relating to other Users, except for the explicit requirements for usage of the Services for the User's own strictly personal and private use.

Article 6. Liabilitie and warrantie

6.1. URBANGAY Service Operation

To use the Service, the User must have the necessary hardware equipment and software and the necessary parameters required to properly use URBANGAY: recent web browser, Javascript functions enabled, cookies enabled, and pop-ups enabled.
The User must have the skills, hardware and software required to use the Internet or, as appropriate, Internet, and acknowledges that the characteristics and constraints of the Internet mean that the security, availability and integrity of Internet data transmissions cannot be guaranteed.
The 123MULTIMEDIA Company does not guarantee that the URBANGAY Service will function if the User activates a popup killer tool. In this case, the function should be deactivated before using the Service.
The 123MULTIMEDIA Company does not guarantee that the Services will be usable if the User's Internet Service provider is unable to provide its Service properly. Furthermore, smartphone applications are only available to Users in possession of the smartphone handset and internet access is required.
In this context, the 123MULTIMEDIA Company cannot be held responsible for the non-functioning, non-availability or adverse conditions of usage of the URBANGAY website resulting from incorrect hardware, problems experienced by the User's Internet Service Provider or blockages on the Internet networks or for all other reasons outside the sphere of influence of the 123MULTIMEDIA Company.
Under these conditions, the 123MULTIMEDIA Company does not guarantee that the URBANGAY Service shall function without interruption or error. In particular, the use of this Site may be interrupted at any time for the purposes of maintenance, updates or technical improvements, or to develop its content and/or presentation. Whenever possible, the 123MULTIMEDIA Company shall inform its Users prior to maintenance work or updates.

6.2. Users supplied Information and content

6.2.1. The information supplied by a User of the 123MULTIMEDIA Company must be accurate and conform to reality. The consequences of disclosing information on the life of the User are the sole responsibility of the User concerned. It is the User who takes the initiative to divulge and disseminate via the URBANGAY Service personal information, data, text, content and images. Consequently, he/she waives all recourse against the 123MULTIMEDIA Company, notably on the basis of any possible damage to the User's right to his/her image, the User's honor and reputation, or the User's privacy, resulting from the dissemination or revelation of information concerning the User under the conditions foreseen by this agreement, since the User has given his/her prior, free and express consent to such revelation through his/her registering with Services and in application of these Terms of Use.
6.2.2. The 123MULTIMEDIA Company cannot be held liable for (and the consequences of) the accuracy or inaccuracy of the information and content provided by other Users, site visitors and/or the User himself/herself. Correspondingly, the 123MULTIMEDIA Company cannot be held responsible for content distributed by a User that might contravene the rights of one or more other Users or third parties.
6.2.3. The quality demanded of the URBANGAY Service by both and its Users necessitates compliance with certain ethical standards in Users' expression and behaviour, the Company allows Users to notify 123MULTIMEDIA, of the data (photograph, text, video), behaviour, or words of a User which seem to them to infringe applicable laws or regulations, the image or the purpose of the URBANGAY Service, the rights of any third party, or general good standards.
Consequently, User acknowledge and accept that the data they provide, as well as their behaviour and words on the Service, may be notified by other Users, moderated and/or monitored by the 123MULTIMEDIA Company , on the basis of objective assessment criteria. Where such notification or monitoring reveals a breach by a User of any applicable laws or regulations or of his/her contractual obligations, the provisions of these Terms of Use, in particular the event that any damages are brought against the 123MULTIMEDIA Company due to any actions by the User that are against the law or against these General Terms of Use, the User shall assume all responsibility.
6.2.4. In cases the responsibility of the Company 123MULTIMEDIA would be sought by reason of a breach by a user with its obligations under the law or these Terms of Use, the latter undertakes to guarantee the Company against 123MULTIMEDIA any sentence imposed on him finding its origin in the failure attributed to the member.

6.3. Links

The 123MULTIMEDIA Company can supply or third parties may include hypertext links to other websites other than sites and to Internet sources. As 123MULTIMEDIA is unable to supervise these external sites and sources, it cannot be held responsible for the availability of these external sites and sources, and cannot be responsible for their content, advertising, products, Services or any other element made available on or from any of these external sites or sources.
Any difficulty relating to a hypertext link must be submitted to the administrator or webmaster of the site to which it pertains. It should, furthermore, be noted that the consultation and/or utilization of these external websites and sources are governed by their own Terms of Use.
Finally, if during the scope of a search performed on the URBANGAY website where the result of this search would point the User to access sites, pages or forums of which the content and/or purpose constitutes a violation of the French law, the User is required to cease consultation of the website concerned in order to avoid being held responsible for such violation.

Article 7. Termination

A User may at any time and without the need to provide any reason end his/her registration with 123MULTIMEDIA Company by requesting the closure of his/her account in the area of the URBANGAY website designated for "my account". Such request shall be deemed effective from the first working day after receipt by the 123MULTIMEDIA Company of the request for closure of the account concerned.
Without prejudice to the other provisions here of, where the User commits a serious breach, the 123MULTIMEDIA Company will terminate the User's account without prior notification or warning. Such termination shall have the same effects as a termination by the user.
Without prejudice to the other provisions hereof, where the User commits a breach, the 123MULTIMEDIA Company will terminate the User's.
Such termination shall take effect without prejudice to any damages that the 123MULTIMEDIA Company might claim from the User or his/her beneficiaries and legal representatives, in compensation of the harm suffered as a result of such breaches.
Data relating to the User will be destroyed at his/her request or upon expiration of the legal time period following the termination of the User's account.
Users can also subscribe to smartphone applications. Smartphone applications can be provided by other service providers and therefore may be subject to other payment terms and conditions then those used and available on the 123MULTIMEDIA Company. Any such applicable terms will only be apply to one-off purchases and all relevant terms and conditions associated with this payment will be brought to the attention of the User prior to purchase.

Article 8. Agreement between the User and the 123MULTIMEDIA Company

These Terms of Use, and the pages on the site to which these terms refer, constitute a contract that governs the relationship between the User and the 123MULTIMEDIA Company. They cancel and replace any conditions that may have been agreed to in the past, even if not directly withdrawn or amended, and constitute the entirety of the rights and obligations of the 123MULTIMEDIA Company and of the User.
If any of the provisions of these Terms of Use is declared void in application of a law, a regulation, or a final decision of a court having proper jurisdiction, all other provisions shall remain fully in effect. Furthermore, failure by a Party to take action in respect of the breach by the other Party of any provisions of these Terms of Use, shall not be interpreted as constituting a waiver by said first Party of the right to take action in future in respect of such a breach.

Article 9. 123MULTIMEDIA Company Terms of Use Amendments

The 123MULTIMEDIA Company may modify these Terms of Use at any time. The User will be informed of the nature of these modifications as soon as they are posted on the website. The modifications shall take effect one month after their posting on the Site.
Users are therefore invited to read the most recent version online on Sites.

Article 10. Jurisdiction and applicable law

These Terms of Use shall be governed, construed and applied in accordance with French law, the language of interpretation being French.
In case of dispute as to the meaning of a term or provision of these Terms of Us, the user may contact 123MULTIMEDIA Company by post to the following address 123MULTIMEDIA 73 675 - 31036 Toulouse Cedex 01.

Article 11. About Us

123MULTIMEDIA are a public limited Company (SA, with a share capital of 50 000 euros, registered in the Trade and Companies Register of Toulouse (France) under the number RCS 798 073 375 (Intra-Community VAT number : FR80798073375 represented by its Chief Executive Officer and Director of publication. websites is hosted on 123MULTIMEDIA Company servers.
For any questions you may wish to ask, contact 123MULTIMEDIA Company by mail to hotline@123MULTIMEDIA.

Article 12. Sharing your personal information

Our services allow you to share your data with other users and companies, including potential users of the Services and third-party social networks. Be careful about the security of your privacy when you share your data with other people, particularly regarding the information you share through your VIP profile. Indeed, VIP profiles contain data provided during registration, data from social networks, data added by you or your friends (for example, your ethnicity and your physical characteristics) and data on your use of the Service (such as the date or time of your last connection to the Service).
Here are some tips regarding your data on our services:
Be anonymous: do not communicate your name or other personal identifier such as your workplace or on your profile in a first contact
. Do not use contact information: do not communicate your personal details, (e-mail address, home address, phone number, etc.) on your profile or in your initial exchanges
. Protect your password: be careful when accessing your account from a computer other than your own to avoid that others can steal your password or your personal information.
The data of your profile are visible for other users or visitors to our Services. They can also be accessed via public search or on other sites you use. We are not able to know what person or consult your information to control the use that can do other people. Thus, we encourage you to be careful regarding your personal data. Also, when you share information about other people, be sure to consider their safety and their privacy by asking for their permission before sharing the data concerning them.
We may share your personal information with third parties that provide services on our behalf. These activities include the identification and treatment of advertising and data analysis.

Article 13. Paid services

The access to the main features of URBANGAY is free. Advanced features are available on the app URBANGAY (Android/IOS) Through a Premium Pack which is subject to the payment of a prior subscription.
The subscription to the Premium Pack is available for purchase for users equipped with an iPhone terminal with the IOS 8.0 or higher operating system, or an Android smartphone using version 4.0.3 or higher. URBANGAY could not be held responsible for any malfunction of the terminal of the user or for compatibility problem between the application and the terminal. URBANGAY is obliged to provide the infrastructure and the technical means required for the provision of a quality service to the users. URBANGAY shall not be held responsible for any breakdowns, interruptions or malfunction of the services of the user's Internet service provider, as well as any external cause to URBANGAY which could interrupt or damage the access to URBANGAY Services.
The prices and the content of the Premium Pack can vary according to a number of criteria, among which and without these are restrictive: the user's login mode ( "Free Entry" or "VIP Entry" mode), promotional offers, loyalty rewards. The detail of the pricing is indicated during the payment process and before its validation.
Since a user subscribes to a paid service of URBANGAY, he/she authorizes URBANGAY to charge him/her according to the selected payment method. The payment of the Premium Pack is made through the operating system of the user's phone or tablet, the user must be aware of its terms of payment before subscribing.
Any cancellation or modification of a user's subscription must be done directly by the user by following the protocol of the operator of the operating system of his/her phone or his/her tablet. The subscription to the URBANGAY Premium Pack is a tacit renewal subscription and as such it will automatically be renewed for an additional period equivalent to the price that the user has accepted during his/her initial subscription.
All requests for refunds or requests relating to payment should be directed to the Apple or Android services depending on the terminal from which the purchase was made.
The user's subscription will terminate when the user will decide to terminate it by following the operating system operator's procedure. In this case, his/her subscription will remain active until the end of his/her current subscription period and his/her subscription will not be renewed at the end of his/her current billing period. No refund in proportion to the subscription fees incurred for the current subscription period will be issued to the user.
Paid subscriptions of URBANGAY can not be transferred to another account than the one with which the user initially subscribed to the operating system of his/her phone or tablet.
If the user chooses to delete his/her VIP account on URBANGAY or if moderation and monitoring teams of URBANGAY terminate it for non-compliance with the Terms of Use, his/her subscription will remain active and the user will have to get closer to tools placed at his disposal by the operator of the operating system of the user's phone to put an end to it.

VOICE feature

To enjoy high quality calls, the user needs WiFi or 3G/4G high quality connection.
The user must also check with his carrier that voice over ip calls are allowed.
Credit will be deducted even if the caller can not reach its recipient.