General terms and conditions of BLEND website
Blend S.A.S.U. (hereinafter the "Blend Company") provides on the electronic communication networks, services of virtual meetings between people.
This dating service is accessible to Blend Society members by internet, mobile phone. Some features are available for free and other features are paid by members who pay by flat fee.
- ACCESS AND REGISTRATION TO SERVICES
- Procedure and conditions of access and registration to the Services :
- General conditions of access and free registration :
The equipment (computer, software, telecommunication means, etc.) allowing access to the services are the sole responsibility of the member, as well as the communication costs incurred by their use. No material support is made available to the member, and the Company Blend disclaims any liability for damage that may be caused to the equipment and terminals used by the member during the service.
Registration is free. Free registration means that it is not preceded by the collection of money to access the service. It allows to discover the services.
- Features of Services available to Members (including Free Members):
- Create your profile
- Register and participate in special activities or operations accessible through the website.
The member warrants that the information he / she provides is accurate and truthful. He undertakes to inform the Blend Company without delay in case of modification of the data he has communicated during his registration and, if necessary, to make himself the said modifications within his personal space. When the conditions for registration are met, each member has an identifier (name indicated by the member) and a password, which are strictly personal and confidential and which should not be communicated or shared by the member with third parties.
Except in the event of default attributable to the Blend Company or technical malfunction of the Services, the Member shall be responsible for the use of identifying information by third parties or for actions or statements made through his/her member personal account, fraudulent or not, and guarantees the Blend Company against any such claim. In addition, Blend Company is not obliged and does not have the technical means to ensure the identity of people registering for its Services. If the Member has reason to believe that a person is using their identification or account, they should immediately inform the Blend Company.
- Conditions of access and paid registration :
The Member has the possibility to subscribe a paid subscription, with or without option and thus to benefit from the following functionalities :
Features of Services available to Members (including Members free of charge) :
- Create your profile
- Register and Participate in special activities or operations accessible via the website
Features available only to Members with a Paid Subscription :
- View profiles and photo albums of other Members
- Perform quick and advanced searches
- Bookmark a Member
- Receive and send emails to Members
- Blacklister Members that do not interest you
- Use video chat
- Use audio chat
- Use the forum
- Use the street cat
To benefit from a paid subscription and all the features of the site, the member must first identify himself using his email address and password. The email address must be valid and personal to the member.
After having entered his personal data and chosen his subscription and the method of payment, the Member must validate his payment, this last step formalizing the conclusion of the contract of adhesion to the dating site.
For security and quality of service subscribed or used by a member, the Blend Company deactivates the accounts of Members that have not been used for a period greater than or equal to 1 (one) year and for which no payment has been made. is credited to his membership account. The period of 1 (one) year begins to run only upon the finding of the absence of a credit balance on the account concerned.
The messages exchanged via the site and kept by the member on his account are automatically deleted also after one year. The results of the various lists (visits, favorite profiles, unveiled photos, etc ...) are removed after 6 months.
- Right to retract :
In accordance with Article L 221-18 of the French Consumer Code, the Member is informed that he has a period of fourteen days from the date of subscription to the Services to exercise his right of withdrawal, without penalty and without cause by post addressed to : BPM 367623 / Banzelt 4 A / 6921 Roodt-sur-Syre / Luxembourg or by sending a request to the following address : firstname.lastname@example.org. Only requests related to the exercise of its right of withdrawal will be processed from this contact address. The member has to indicate in his request, his pseudo and the email address used for the subscription. The withdrawal period expired fourteen days after the day of the conclusion of the contract.
In order for the withdrawal period to be respected, it is sufficient that you transmit your communication relating to the exercise of the right of withdrawal before the expiry of the withdrawal period.
In accordance with Article L 221-25 of the French Consumer Code, the Blend Company must collect the express request of the Member if it wishes to have access to the Service(s) before the expiry of the deadline of the exercise of the right of withdrawal of fourteen days. This express request is collected by Blend Corporation directly after subscription to a Subscription.
If the member does not wish to have immediate access to the Service(s), he may leave the Site and wait for the expiry of the period of exercise of his right of withdrawal. However, if the Member logs in to his Blend account prior to the expiration of this period, Blend Company considers that this first connection from the subscription of a Subscription constitutes an express request by the Member to have immediate access to the service(s).
Article L 221-25 of the French Consumer Code states that: "A consumer who has exercised his right of withdrawal from a contract for the provision of services or a contract mentioned in the first paragraph of Article L. 221 -4 whose execution has begun, at his express request, before the end of the withdrawal period pays the professional an amount corresponding to the service provided until the communication of his decision to retract; this amount is proportionate to the total price of the service agreed in the contract ".
In accordance with the Consumer Code, if the member has requested to start receiving services during the withdrawal period, he will be liable for an indemnity calculated in proportion to the period of use of the Services provided to him expiring at the the day on which the Company Blend has been informed of the exercise of its right of retraction. In the event of a credit balance in favor of the member, the Company Blend will refund the Member the difference between the amount paid for the subscription of the Services and the sum corresponding to the number of days elapsed between the day of subscription to the services and that of the termination, it being specified that any day started is due.
The refund will be made within fourteen days from the date on which the Company Blend is informed of the decision of the member to retract, by bank transfer.
- USE OF SERVICES
Once registered, and subject to having subscribed, if applicable, to the subscription formulas offered to it, the member will benefit from access to the services, according to his subscription plan.
- Obligations of the Blend Company related to the Services :
The purpose of services is not marriage counseling or marriage brokerage or the establishment of a stable union, regardless of the personal motivations of a member when registering for that, for this purpose.
The services are not intended for the organization of "real" meetings or to guarantee the occurrence of such a meeting, nor the provision of access to the Internet, nor the provision of an electronic communication service to the public. As a result, Blend Corporation has no legal obligation to verify the actual identity of members when they connect to the site or to control the content, information and statements published by members. Since Blend Company can not technically provide such services, they do not contractually undertake to verify the identity of the members or the veracity of the contents they publish under their sole responsibility, nor to moderate such content, except their photograph(s) and their ad appearing on their presentation.
Blend recommends that each member take certain precautions when meeting with another Member. The Blend Company disclaims any responsibility for meetings between members, services or meetings between members and / or non-members, following the use of services. Moreover, during a first physical meeting, it is recommended to warn a close person and to prefer a public place.
2.Obligations of the Member :
The provisions of this article apply without prejudice to the article "Termination".
As part of the use of the services of the dating site, the member undertakes to comply with the laws in force, to respect the rights of third parties and the provisions of the General Conditions of Use.
- General obligations :
The Member is generally required to :
- Behave loyally with the Blend Company and other members.
- Respect intellectual property rights in content provided by Blend Corporation and service members.
- To measure that he himself defines the perimeter of his private life and that it belongs to him to communicate via the site only information concerning him which he considers that the diffusion can not be prejudicial to him.
- Not to adopt attitudes or to make remarks discriminatory or calling to the hatrine racial, homophobic, sexist or prone intolerance.
- Fundamental Obligations :
The Member has the fundamental obligations to :
- Do not use the services for professional, commercial, lucrative (advertising, prospecting, etc.) or non-private purposes. Blend disclaims all liability for the use of the service by employees at their place of work, and in this respect has no liability to employers.
- Do not use services for soliciting or prostitution.
- Do not post, indicate or disseminate in any form whatsoever that information or content consistent with reality.
- To refrain from any statement or content that contravenes the rights of others or that is defamatory, abusive, obscene, offensive, violent or inciting to violence, political, racist or xenophobic and in a general way any statement or content contrary to the object of services, the laws and regulations in force, the rights of persons or morality. In particular, the photos and any information, data or files provided by a member to the Blend Company must be decent and relate exclusively to the member or, if they relate to a third party, with his express permission and under the sole responsibility of the concerned member.
- Do not mention on the sites any personal information provided by a member of the Blend Society (email address, mailing address, phone, etc.) that may allow a member to contact another member without using the website.
- Not to post, indicate, or disseminate any form of information or content that has the effect of reducing, disrupting, preventing the normal use of services, interrupt and / or slow down the normal flow of communications between Members through the Services, such as software, viruses, logic bombs, mass mailing, etc. Blend Corporation reserves the right to delete messages that are sent massively by a member in order to preserve a quality of normal use of services.
- Not to post, indicate or disseminate in any form whatsoever information or content incorporating links to third party sites that are illegal, contrary to morality and / or not in accordance with the purpose of the Services.
- Use his passwords and / or member's name according to their strict purpose of authentication to the services. In this respect, the member must not, without this list being exhaustive, communicate, diffuse, share, make accessible, in any way whatsoever, his passwords and / or identifiers to any third party.
- Ensuring the lawful and non-detrimental nature of the communication to the Blend Company of the personal data of its relatives. The member must ensure the prior consent of these relatives to the receipt, because of the member, an email from the Blend Company.
Failure to fulfill the fundamental obligations thus defined constitutes a serious breach by the member of his obligations. Without prejudice to the provisions of the article "Termination", in case of breach by a member of one or more of these fundamental obligations, the Company Blend may terminate the contract and will definitively remove the account(s) of the member concerned within of all sites and services.
III- PRICES, TERMS OF PAYMENT AND RENEWAL
- Prices, deadlines and payment methods
The use of paid services assumes that the member has a subscription. Members can purchase a subscription by credit card or paypal account.
The price and terms of payment of the different paying services are constantly accessible when presenting or using of the paid service(s) to which the member wishes to subscribe, as well as than their respective rate(s).
The monthly subscription is charged 24.90 euros ;
The quarterly subscription is billed in a single payment of 53.70 euros (17.90 euros per month) ;
The half-yearly subscription is billed in a single payment of 77.40 euros (12.90 euros per month).
Prices are quoted in Euros (all taxes included).
2.How to renew a Subscription :
Any subscription automatically ends on the due date. It will be notified 72 hours before, for information purposes. There is no automatic subscription renewal.
IV- PRIVACY AND DATA PROTECTION OF MEMBERS
- General informations
Blend upholds the highest standards for the protection of privacy and personal data of members and we report the processing of personal data that we implement with the French Data Protection Authority. Our technical teams do their best to guarantee the security of our site and our services. Internet security is a complex issue and no computer system can be considered perfectly secure. Should a security breach occur, we will endeavor to take action as soon as possible to remedy the problem. In order to improve the level of protection of your personal data that is not under the control of Blend, we suggest you use software protection devices for data transmission networks (such as its anti-virus systems, lights and spam filters updated).
Online payments made on the site are secured by the HTTPS protocol to ensure the encryption of your data during transmission and processing at the bank.
We will only collect, process, or use your data if it is necessary for the performance and improvement of the services and to the extent necessary, if you have consented or have not objected to it or if it is required or authorized by the legislation.
In general, we will collect this data only from you and we will tell you for what purpose. If we do not collect this information directly from you, we will notify you.
2.When and why do we collect information about you ?
We must provide information about you when you register to benefit from one or more services, browse the Site, enter a contest, respond to a survey, participate in a discussion, purchase a subscription or send us a message from contact page. Some pieces of information are required to access the services of the site. The mandatory nature of each answer will be specified for each question, by an asterisk or otherwise.
The data provided during your registration, as well as the data you voluntarily provide as part of the profile (eg date of birth, nationality, ethnic origin, style of dress, education / qualifications, lifestyle, musical or cinematographic tastes, animals companionship, religion and income) we use to present you with corresponding profiles of other Members from the website, as well as personalized advertisements or special offers or services.
We have the option to keep your details if you enter them on our website, even if you do not complete your registration.
- What information do we collect ?
The personal information we collect may include your name, postal and email address, your landline and mobile number, your bank details, information about your physical appearance, photographs, voice recordings, videos, your city and your area, your personal values, your interests and your use of the Services.
Certain information and certain comments or content (for example, photographs, videos, profile, lifestyle) provided by the member in an optional way may, under the responsibility and at the initiative of the member concerned, reveal the member's ethnic origin, nationality, religion or sexual orientation. By providing this optional information and checking the consent box displayed on the registration page, the member expressly agrees and assumes full responsibility for the processing of such "sensitive" data by Blend.
In addition, we also collect technical data, such as the version of the internet browser (Firefox, Chrome, Safari, Netscape, Internet Explorer, etc.), the version of the operating system (Windows, Mac, Android, iOS, Windows Phone, etc.) and the IP address of the system used, the credentials of the computer or other device used to visit the Site, for the Member and any other Visitor.
- Sensitive data :
Any information or content relating to racial or ethnic origin, political, philosophical or religious opinions, trade union membership, health or sexual life is a sensitive fact. These sensitive data are liable, under the responsibility of the member who disseminates them, to reveal his or her ethnic origin, nationality, religion and / or sexual orientation. By providing such information, the member concerned expressly agrees to Blend's handling of such data and assumes sole responsibility.
2.Who has access to this information ?
The information about you obtained when you subscribe to our dating site we serve to offer our various services. We took every precaution in our databases to archive your information in a safe environment.
We may send you promotional offers for some of our partners, provided that you have given your explicit and informed consent regarding these promotional offers during registration, unless you choose during your registration not to be contacted or if you report to us that you have changed your mind at any time thereafter.
It may happen to Blend to share socio-demographic information with partners without name, to allow these partners to target their ads (by age category, gender, etc.). In this case, we will not send these partners information that would allow them to identify you. We may also share with selected partners information related to your location, to enable them to target their ads (by age category, gender, etc.) if you have enabled this feature.
3.Management of your information :
Each Member may access or request access to their personal data to have them changed or deleted or to prevent us from continuing to use them. Members can send their request on this subject by writing to us at the following address : BPM 367623 / Banzelt 4 A / 6921 Roodt-sur-Syre / Luxembourg or filling in the contact forms.
V- INTELLECTUAL PROPERTY
- Content disseminated on the services
The service names, trademarks, logos, graphics, photographs, animations, videos and texts contained on the Sites and in the Services are the property of Blend, and may not be reproduced used or represented without the express permission of Blend, under pain of prosecution.
The rights of use granted to the member are reserved for a private and personal use within the framework and for the duration of the subscription to the services. Any other use by the member is prohibited.
The member undertakes not to modify, copy, reproduce, download, broadcast, transmit, exploit commercially and / or distribute in any way the Services, the pages of the Sites, or the computer codes of the elements composing the Services and the sites.
2.Content disseminated by Members :
The member grants to Blend a license to use the intellectual property rights attached to the content provided by the member as part of his registration and his use of services or the dissemination of his profile on the services.
The member agrees not to copy, reproduce, or otherwise use the content related to the other members other than for the strict needs of use of the Services for personal and private purposes.
VI- RESPONSIBILITY AND GUARANTEE
- Operation of the dating site and services
To use the services, the Member must have equipment, software and settings necessary for the proper functioning of the services : the latest version of the Internet browser, activation of Java script functions, receipt of session cookies and acceptance of the display of the windows "pop-ups".
The member must have the necessary skills, hardware and software for the use of the Internet or mobile applications of the Services, or as the case may be, for Internet services and recognizes that the characteristics and constraints of the Internet do not permit the guarantee the security, availability and integrity of data transmissions over the Internet.
Blend does not warrant that the Services will be available if the Member's Internet Service Provider fails to perform its own service.
Under these conditions, Blend is not responsible for any non-functioning, inaccessible access, or poor conditions of use of the Site attributable to non-adapted equipment, internal malfunctions to the service provider. Member, the congestion of the Internet, and for any other external reasons having the character of a case of force majeure as defined by the French jurisdictions.
2.Information and content provided by Members :
Blend can not be held responsible for (and consequences of) the accuracy or inaccuracy of information and content provided by other members, visitors to the Site and / or the member itself. Similarly, Blend can not be held responsible for content posted by a member that may infringe the rights of one or more other members or third parties and that Blend provides evidence that it has not been informed by a member. or by a third party or has not had actual and prior knowledge thereof or has not committed a fault in the performance of its contractual obligations.
Blend will only be liable to a member if there is definite and definite proof of a fault committed by the Blend Company that caused the member actual and direct damage. Where applicable, Blend will be responsible for demonstrating that it has not committed a fault in the performance of its contractual obligations. Blend will not be liable for any direct or indirect damages suffered by the member when the member is the originator or when they result from a case of force majeure.
The quality of the services required by both Blend and its members implies respect for a certain ethic in the expression and behavior of members, respect for the rights of third parties, as well as compliance with the laws and regulations in force. Serving this requirement of quality, individual responsibility and ethics, Blend allows any member to report any data (photography, text, video), behaviors or remarks of a Member that appear to him to violate laws and regulations in force, the image or purpose of the dating site services, the rights of a third party or morality.
As a result, members acknowledge and agree that the data they provide, as well as their behavior or comments via the proposed services, may be subject to reporting by other members and moderation / or control by Blend, based on objective criteria. In the event that this report or control reveals the violation by a member of the laws and regulations in force or its contractual obligations, the provisions of the General Conditions of Use, including the article "Termination" may be applied. Depending on the behavior or the comments of the members, the monitoring team may decide to block any new registration.
3.External links and resources :
Blend is solely responsible for the hypertext links that it creates and has no control over external sites and external sources (sites or mobile applications of third parties, social networks, etc.) to which the hypertext links accessible on the sites are redirected and the services that Blend would not have created. It can not be held responsible for the provision of links to external sites and can not bear any responsibility for their content, advertising, products, service features or any other element available on or from these external sites of which he had not been mentioned in advance and in fact of their manifestly unlawful nature, by means of a notification in accordance with the provisions of Article 6.I.5 of Law No. 2004-575 as in force on 1 January 2017.
Any difficulty relating to a link must be submitted to the administrator or the webmaster of the site in question. It is also recalled that the consultation and / or the use of these external sources and sites are governed by their own conditions of use.
Finally, if, as part of a search conducted on the site, the result of the latter led the member to point to external sites, pages or forums whose title and / or contents constitute a violation of law French, the member is invited to interrupt his consultation of the external site concerned at the risk of having his responsibility engaged in the opposite case, that of Blend being excluded.
Each member may terminate his registration at the dating site by requesting the closure of his account at any time, from the Blend Company, without fees other than those related to the transmission of his request and without reason, by email. This request will be deemed to be made the business day following the receipt by Blend of the closing request for the relevant account. This request does not imply reimbursement to the Member of the period remaining until the expiry of the member's subscription.
The termination of a subscription decided by the member takes effect on the expiry date of the current subscription.
Without prejudice to the other provisions of the General Conditions of Use, in the event of a serious breach by the member, the Blend Company terminates the member's account without notice or notice. This termination produces the same effects as that decided by the member.
Such termination shall be without prejudice to any damages that may be claimed by the Blend Company to the Member or its assigns and legal representatives for the damages suffered by the Blend Company or the latter because of such breaches.
The member will be informed by email of the termination or confirmation of the termination of his account. The data relating to the member will be destroyed at his request or at the expiry of the legal deadlines running from the termination of the member's account.
The member may also subscribe to other ad hoc services from other providers and according to other payment methods than those used for the services offered by the Blend Company (eg ticket for a party). The billing conditions and the payment terms specific to these one-off services will be presented to the member and accepted by the member prior to his purchase.
VIII- CONVENTION WITH THE MEMBER
If one or more stipulations of the General Conditions of Use are declared null according to a law, a regulation or following a final decision of a competent jurisdiction, the other stipulations will keep all their strength and their scope to the extent permitted by the said decision. In addition, the fact that one party does not claim a breach by the other party to any of the provisions of the General Conditions of Use can not be interpreted as a waiver on his part to avail himself of the future of such a failure.
- The subscription initially subscribed by the member has not yet expired :
In this case, the member may require the maintenance of the General Terms and Conditions of Use that were in effect at the time of subscription of this subscription, until the initial expiry of the subscription.
2.The initial term of the subscription subscribed by the member has expired :
Members are therefore invited to consult the constantly online version on the website.
X- APPLICABLE LAW - DISPUTE
Any jurisdictional proceeding will be brought before the Commercial Court of Thionville
XI- ABOUT US
For any questions, contact the Blend Company by filling out the contact form.