Chefclub Terms of Service
Updated on July 25, 2019
These General Conditions of Use of Chefclub (hereinafter the "Conditions"), subject to French law, are intended to govern the use of the chefclub.tv site, including all content, blog and functionality accessible via the chefclub.tv site and Chefclub mobile applications (collectively referred to as “Service”). These Conditions constitute the entire agreement between you and Chefclub (hereinafter “Chefclub” or “We”) with regard to the use of the Service and describe our respective rights and obligations.
ARTICLE 1 PRESENTATION OF CHEFCLUB
1.1. Chefclub is published by Snacking Media SAS, a company with capital of € 568.42, registered with the Paris R.C.S under number 820 586 444, and whose registered office is located at 53 rue de chabrol, 75010 Paris.
1.2. Chefclub is a cooking recipe website and mobile application allowing the user to access, store, share, and comment on cooking recipes, published by the company Snacking Media.
ARTICLE 2 - USE OF SERVICE
2.1 The use of Service is governed by these Conditions except in the case of a separate written contract concluded with Chefclub.
2.2 Your access or use of Service (whether you are a registered user or not on the Service), and this by any means of electronic communications, as an individual or as a professional, constitutes your express and unreserved acceptance of the Conditions, including our Privacy and Data Protection Charter.
2.3. Chefclub may modify the Conditions at any time, in which case these modifications will be the subject of a specific notice within the Service. As such, you acknowledge and agree that your use of the Service or simply your access to it after the date of the modifications, will constitute your acceptance of the Conditions as modified.
ARTICLE 3 - YOUR ACCOUNT
3.1. You are responsible for maintaining the confidentiality of your account and password, for restricting access to your computer and other equipment, and to the extent that is permitted by applicable law, you agree to be responsible for all the activities that have been carried out from your account or with your password.
3.2. You must take all necessary steps to ensure that your password remains confidential and secure, and must notify us immediately if you have reason to believe that your password is known to someone else, or if the password is used or likely to be used in an unauthorized manner.
3.3. You are responsible for the validity and completeness of the information you provide to us, and must notify us of any changes to this information. You can access and modify your information, as well as your account settings, in the dedicated area of Service.
3.4 You must not use the Service in a way that would cause, or be likely to cause an interruption, damage, or alteration of the Service, for a fraudulent purpose, or in connection with a crime or illegal activity, or in the aim to cause disturbances, nuisances or causes of anxiety.
3.5. Chefclub reserves the right to deny access, close an account, remove or edit content if you are in violation of applicable laws and / or these Terms.
3.6. You must not use the Service in a way that would cause, or be likely to cause an interruption, damage, or alteration of the Service, for a fraudulent purpose, or in connection with a crime or illegal activity, or in the aim to cause disturbances, nuisances or causes of anxiety.
3.7. Chefclub reserves the right to deny access, close an account, remove or edit content if you are in violation of applicable laws and / or these Terms.
ARTICLE 4 - YOUR INTELLECTUAL PROPERTY RIGHTS
4.1. You keep your rights to all recipes, texts, photos, comments, and more broadly any information that you publish after registering on the Service (hereinafter “Your Content”) .
4.2. By submitting, posting or displaying Your Content on or through the Service, you grant us a worldwide, non-exclusive, free license, including the right to license, use, copy, reproduce, process , adapt, modify, publish, transmit, display and distribute Your Content on any medium by any distribution method known or made to exist. You represent and warrant to Chefclub that you have the right, power and authority to grant Chefclub the license mentioned in this article.
4.3. As soon as you make Your Content accessible to other users, you declare that you accept that they have, free of charge and for exclusively personal purposes, the ability to view and share Your Content on the Service or on others electronic communications media for the duration of the hosting of Your Content on the Service.
4.4 You can freely withdraw your recipes and close your account, your recipes will no longer be displayed on the Service.
4.5 If you access or use the Service as a professional, you guarantee Chefclub that you hold all of the rights, permissions and powers necessary to accept these Terms on behalf of the company, association, partner or any other entity ("Entity") for which you use or access the Service and / or create an account, in which case your access or use of the Service shall constitute the express and unreserved acceptance of the Conditions by that Entity.
4.6. In the event that you are not the author of the content, for example of the photo of the dish you are offering, you must obtain the rights necessary for the publication of this content, and if necessary enter the name of the author and / or source address of the content in the fields Chefclub reserves for this purpose. In the event of non-compliance, you acknowledge that you are solely and fully responsible for the violation of the rights of the author and its consequences. Chefclub can in no way be held responsible for such a violation.
4.7. You are also informed that, given the intrinsic characteristics of the internet, the data transmitted, in particular Your Content, is not protected against the risks of diversion and / or piracy, for which we cannot be held responsible. It is your responsibility, if necessary, to take all appropriate measures to protect this data.
ARTICLE 4A - HOSTING OF YOUR PERSONAL DATA
Your Data is only stored on secure servers located in France, at least in the European Union.
In any case, Snacking media naturally takes appropriate measures to maintain an appropriate level of confidentiality and security of your Personal Data during the transfer and upon receipt of these, in particular by requiring by contract all its subcontractors and service providers that they implement all appropriate technical and organizational measures, on an ongoing basis, to secure Personal Data and provide them with the same level of protection as that required by the Personal Data Regulations.
Said Partners are bound by contract with Snacking media, a contract which incorporates contractual clauses relating to the regularization of these transfers of Personal Data in accordance with the Regulations on Personal Data. USA IP address and device ID Management of links for invitations in a team and management of Service Provider notifications (Branch.io)
ARTICLE 5 - INTELLECTUAL PROPERTY RIGHTS OF OTHER USERS
5.1. Other users of the Service (“Other Users”) may upload content in accordance with these Terms. You agree not to access the content of Other Users for any reason other than personal non-commercial use.
5.2 If you wish to give another use, in particular commercial, to the content of an Other User, it is your responsibility to obtain the necessary authorizations from the latter.
ARTICLE 6 - CHEFCLUB'S INTELLECTUAL PROPERTY RIGHTS
6.1. The Service is the exclusive property of Chefclub. We grant you a free, personal, non-exclusive and non-transferable right to access and use the Service subject to your acceptance and compliance with these Terms.
6.2 Any other right is expressly excluded without our prior written consent. The content (other than Your Content and the content of Other Users) included or accessible on and / or through the Service, in particular any text, graphics, logos, names, brands, designations, tabs, features, images, sounds, data, photographs, graphics, and any other material or software (hereinafter the “Chefclub Content”) is the exclusive property of Chefclub or its licensees, is protected by intellectual property rights and is subject to the laws and regulations applicable in
6.3.You agree not to use Chefclub as a trade name, brand, service, logo, domain name or brand characteristics without the prior express authorization of Chefclub. You also agree not to remove, obscure or modify any proprietary rights notices (including copyright and trademark) contained in the services.
6.4 Chefclub Content must not be downloaded, copied, altered under any circumstances; modified, deleted, distributed, transmitted, broadcast, sold, rented, licensed or exploited (in whole or in part) in any way whatsoever, without the express and written consent of Chefclub or its licensees. You agree not to use or exploit the Chefclub Content for purposes other than those referred to in these Terms.
6.5.You are not authorized to modify, improve, edit, translate, decompile, disassemble or create one or more works (s) derived from the Chefclub Content (in whole or in part), unless this possibility has been expressly granted to you by Chefclub or by the owners of this content (s), within the framework of a separate agreement.
6.6.You agree not to contravene the provisions of articles 3231 to 3237 of the Criminal Code punishing the interference, maintenance, hindrance to the proper functioning and other criminally reprehensible practices relating to any automated data processing system.
ARTICLE 7 - CONFIDENTIALITY
7.1 Any information you provide to Chefclub is subject to our Privacy and Personal Data Protection Charter which governs the collection and use of your information.
7.2 By accessing and / or using the Service, you consent to the collection and the use of this information as provided for in our Privacy and Personal Data Protection Charter.
ARTICLE 8 - YOUR RESPONSIBILITY
8.1. You are solely responsible for Your Content published on the Service when Chefclub, in its capacity as host within the meaning of the provisions of Law No. 2004575 of June 21, 2004 in confidence in the digital economy, has not played an active role and does not exercise any power to control and monitor Your Content.
8.2.You agree that you are solely responsible for monitoring the search results and any content found on Chefclub, especially concerning ingredients that are dangerous for you , whether due to allergies, religious beliefs, philosophical beliefs, illness or any other reason.
8.3.By providing Your Content on the Service, you are required to comply with the legal and regulatory provisions in force. It is therefore your responsibility to ensure that Your Content does not constitute a violation of the intellectual property rights of third parties, an attack on persons and respect for privacy, or an attack on public order and good morals,
8.4 You also agree not to increase or encourage third parties to artificially increase the number of views, impressions or clicks associated with any content on the Service.
8.5.You agree to indemnify and release Chefclub, its officers, directors, employees and agents as not responsible with regard to all lawsuits, claims, disputes, demands, risks, damages, losses, costs and expenses, including, but without limitation, reasonable legal and accounting costs (including defense costs in connection with claims, lawsuits or proceedings initiated by third parties), which would be related access or use of the Service, Your Content, or your failure to comply with these Terms.
ARTICLE 8A - CONTENT PUBLICATION RULES
All content, whether textual or media, is required to comply with the following publication rules. Chefclub reserves the right to moderate content that fails to cope with those.
- Only share photos and videos that you have taken or have the right to share.
- Post appropriate photos and videos for a diverse audience.
- In particular, the publication of offensive, obscene, pornographic, political or religious content is prohibited.
- Obey the law
- Supporting or praising terrorism, organized crime or hate groups is prohibited
- It is also prohibited to offer sexual services, to buy or sell firearms, alcohol or tobacco-related products between private individuals, and to buy or sell non-medical or pharmaceutical products.
- Respect other members of the community.
- We remove any content that contains threats or hate speech, any content that targets private individuals in order to humiliate or dishonor them.
- Treat other members of the community with politeness and respect. Insults, harassment or any type of personal attack are not tolerated in the community.
- Do not spam
Due to the large volume of content generated by users Chefclub is unable to verify all content but reserves the right to remove any content or to ban any user who does not respect these rules.
Users can help us maintain the integrity of the community by reporting content or accounts that violate these rules or the law.
ARTICLE 9 - RESPONSIBILITY OF CHEFCLUB
9.1. We are not legally bound by any general obligation to monitor content transmitted or stored through the Service. The only obligations inherent to our quality of host concern the fight against manifestly illegal content once we have actually become aware of it and the conservation of your connection data.
9.2 You agree that your access to the Service may be occasionally suspended or limited to allow repairs, maintenance, or add a new functionality or a new service to the Service.
9.3.You agree that Chefclub is not responsible for any loss or damage that you suffer on third-party sites which are accessed through hyperlinks on the Service
9.4. Chefclub is a service allowing the sharing of recipes. Chefclub is not responsible for the adverse consequences on your health or for allergic reactions resulting from your consumption of ingredients contained in recipes on Chefclub or any third party site.
9.5.Chefclub excludes all liability, to the most extent permitted by applicable law, for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits or income, which were not caused by a fault on our part, or business losses (including loss of profit, contracts, expected savings, data, customers or unnecessary expenses), whether suffered directly or indirectly, as well as for any loss of data, use , goodwill, or other intangible loss, resulting from your access to or use of the services, or inability to access or use the services, from any behavior or content of third parties on the services, including, without limitation, defamatory, offensive or illegal conduct of other users or third parties, of the content obtained through the Service, or of any unauthorized access or use or alteration of your content.
ARTICLE 10 - ABUSE NOTIFICATION PROCEDURE
10.1. You are required to notify Chefclub as soon as possible of any unauthorized use of your account by sending an e-mail to the following address: firstname.lastname@example.org.
10.2 If you believe that your rights have been violated (eg: use of one of your intellectual property rights without your authorization), you can request a Notification Form by contacting us at this address: Snacking Media - 53 rue de chabrol 75010 Paris. Upon receipt of a complete Notification Form, we will process your request and take appropriate measures, if necessary, in particular by removing any harmful information.
10.3. This notification can also be made by mail with acknowledgment of receipt, specifying all the information listed in article 6I5 ° of law n ° 2004575 of June 21, 2004 for confidence in the digital economy.
ARTICLE 11 - END OF USE OF CHEFCLUB SERVICES
11.1 Chefclub reserves the right to terminate your use of the Service in the event of a breach of these Conditions by written notice sent to the e-mail address associated with your account or when you attempt to access your account. .
11.2 You can terminate your contract with Chefclub by closing your Chefclub account
ARTICLE 12 - APPLICABLE LAW
12.1 These Conditions are subject to French law
12.2 You, like us, hereby agree to submit all disputes arising from these Conditions to the exclusive jurisdiction of the courts of Paris.