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Terms and Conditions | Legal Notice | Privacy Policy

Terms and Conditions of Use and Sale of Services

1. Preamble

The website covered by these general terms and conditions of sale and use (hereinafter the “Website”) is operated by Lunettes Beausoleil (hereinafter “Lunettes Beausoleil”), which have developed, through the Website, a social network allowing its members, after creating an account on the Website, to interact with one another (hereinafter the “Services”).

Lunettes Beausoleil makes the Website available to Internet users, enabling them to communicate massively with one another via multi-criteria direct messaging and representing a passive connection of online publications, profile broadcasting and other information for entertainment purposes (media). The Services are neither advisory services nor a matchmaking agency, and Lunettes Beausoleil does not organize meetings between Members. Use of the Services is solely intended for personal and private purposes. These Services are exclusively reserved for Members registered on the Website in compliance with these general terms and conditions of use and sale of the Services (hereinafter the “GTU&S”).

2. Requirements

Members declare that they have obtained from Lunettes Beausoleil all necessary information regarding the Services offered and adhere to these GTU&S without restriction or reservation. Members acknowledge that use of the Website requires compliance with all requirements set out in these GTU&S. Members may benefit from the Services offered on the Website subject, where applicable, to payment of the chosen Subscription and compliance with the following requirements:

• Being of legal age (i.e., eighteen (18) years old or older) on the date of registration on the Website; • Having legal capacity enabling them to enter into these GTU&S; • Having suitable IT equipment to access the Website; • Having a valid email address.

3. Definitions

The terms defined below shall have the following meaning between the Parties: • "Subscription": a paid package granting access to the Services included in the Subscription, over a limited period specified in the relevant Subscription purchased by a Member. • "Member": any natural person acting for purposes that do not fall within the scope of their commercial, industrial, artisanal, liberal or agricultural activity, who has completed the registration process on the Website. • "Subscriber": a Member who has subscribed to one or more of the Subscriptions offered by Lunettes Beausoleil • "Account": an area of the Website reserved for Members and Subscribers. • "Services": all services offered by Lunettes Beausoleil accessible to Members and Subscribers via the Website. There are two (2) types of Services: Basic Services and Additional Services. The relevant Members and Subscribers are informed of their essential characteristics prior to subscribing to a Subscription.

4. Purpose and scope

The purpose of this document is to define the general terms and conditions of use and sale of the Services offered by Lunettes Beausoleil to its Members.

These GTU&S are entered into between the companies Lunettes Beausoleil and any person who has acquired the status of Member. They apply to the creation of an Account on the Website by a Member and to any Subscription taken out by a Member with the Company Lunettes Beausoleil. The Member is required to read the GTU&S before creating an Account and subscribing to any Subscription. The choice and purchase of a Subscription are the sole responsibility of the Member.

The Member declares that they have read these GTU&S and accepted them by ticking the box provided for this purpose before creating an Account and/or subscribing online to a Subscription. Unless proven otherwise, the data recorded in the IT system of the companies Lunettes Beausoleil constitutes evidence of all transactions concluded with the Subscriber via the Website. Validation of a Subscription by the Subscriber constitutes acceptance of these GTU&S without restriction or reservation. As these GTU&S may be amended subsequently, the version applicable to the creation of an Account or the purchase of a Subscription by the Member is the version in force on the Website on the date the Account is created or the Subscription is taken out.

5. Enforceability

These GTU&S are enforceable against the Member as of their acceptance by the latter, prior to the creation of an Account and the subscription of a Subscription. The companies Lunettes Beausoleil reserve the right to make any amendments to these GTU&S that they deem necessary and useful. They will use their best efforts to inform Members of the existence and effective date of new GTU&S. Following the entry into force of new GTU&S and in any event, the Member may cease using the Services but remains responsible for any prior use.

Members may access archived GTU&S by requesting them by email at the following address: customer@payoffsupport.com.

6. Registration on the Website and opening an Account

6.1 Registration on the Website

6.1.1 Registration via the Website

The option to subscribe to a Subscription is reserved exclusively for Members.

To create an Account and become a Member, the Internet user must first register by completing the form available online on the Website.

The registration procedure via the Website’s online registration form includes the following steps:

Step 1: the Internet user completes the online registration form on the Website by filling in the required fields, some of which are mandatory. Certain information requested forms the Internet user’s profile and will be accessible to other Members of the Service: it must be accurate and updated regularly.

Step 2: the Internet user reads the GTU&S and accepts them by ticking the box provided for this purpose; if they do not accept them, they must discontinue the registration procedure and immediately leave the Website.

Step 3: once their profile has been properly completed, the Internet user validates the registration form and receives an email confirming their registration at the email address provided.

Registration procedure using a Google account: a button invites you to sign in to your Google account in order to register. By signing in this way, you agree to share your name, email address and profile photo from your Google account with the third party. This feature allows you to log in and register easily on our website while benefiting from the security and reliability of your Google account. You are therefore no longer dependent on passwords, which reduces the security risks associated with them. This feature uses a securely transmitted code, based on your Google account. It enables the Website to authenticate you and create an account based on the information it shares from your Google account.

Once the Internet user has confirmed their registration, they become a Member of the Service subject to Article 7.2 below.

As part of the use of the services, First Step technology is offered to Members. This technology uses an algorithm whose functionality enables Members to be connected based on affinities.

6.1.2 Registration via a mobile application

Mobile app purchase platforms for mobile phones, tablets or any other digital communications device connected to the Internet network allow the download of an application dedicated to the use of the Website and/or the Services of the Website. The Member who wishes to use it must therefore have a mobile Internet connection.

This application allows the Internet user to create an Account and become a Member, for example from a mobile phone. It also allows Subscriptions to be taken out.

The purchase and use of Subscriptions, including those taken out via a mobile application, are subject to these GTU&S.

6.2 Profiles pending review

Once registered, the Member’s profile is displayed as “ pending ”: during this period, which may vary in length, the Member’s profile is verified by the companies Lunettes Beausoleil in order to ensure that the data and information provided by the Member comply with these GTU&S. Finally, the user is offered the exclusive option to multiply their interactions on other websites if they are already registered or if they wish to benefit from more contacts. Subject to the Member’s express consent, their profile may be available on other Websites consistent with their search. In the event of non-compliance with the GTU&S, the Member is informed by email of the rejection of their profile and is offered the opportunity to modify it. If the Member does not modify their profile in accordance with the GTU&S, the companies Lunettes Beausoleil reserve the right to reject it definitively. Regardless of the registration method chosen, the Member guarantees that the data provided during registration is accurate and corresponds to reality. In the event of any change to such data, they undertake to make the necessary amendments directly in their Account.

The companies Lunettes Beausoleil are not obliged and do not have the technical means to verify the identity of persons registering on the Website and opening an Account.

7. Subscription and financial terms

7.1 Payment terms for Subscriptions

To subscribe to a Subscription, the Member must first create their Account, choose their Subscription and the payment method.

As a rule, Subscriptions to Basic Services and Additional Services are paid, at the rates in force at the time they are subscribed. Prices are expressed in the Member’s country currency. These rates are firm and non-revisable during their period of validity. The price is payable in full at the time of Subscription, by bank card or bank transfer.

By way of exception, in order to enable Members to discover the features of the Basic Services, access to a limited version of these Services is offered free of charge. This free and limited access does not allow use of all Website features and does not allow meeting other Members.

Furthermore, female Members wishing to be connected with a male Member benefit from access to the Basic Services, free and in full, except for the Additional Services which remain paid. It is specified that where access to the Services is free, whether partially or totally, Lunettes Beausoleil reserve the right to amend the access conditions.

The Member subscribes to a Subscription for the duration selected by the Member, at the price displayed online at the time of subscription and according to the payment terms offered on the Website and chosen by the Member.

For Subscriptions with a duration of three and six months, payment terms are monthly as from the second renewal.

Access to the Services of the selected Subscription is available as from receipt by Lunettes Beausoleil of the Member’s payment. Access to the Services covered by the selected Subscription is immediate where payment is made by bank card.

Lunettes Beausoleil reserves the right to offer temporary promotional Subscription offers to new Members or to Subscribers for a certain period. The financial terms offered are exceptional and may not be the subject of any claim by other Members.

In general, cancellation of Subscription renewals may be carried out under the conditions of Article 17 “termination” of these GTU&S.

• Mobile Application / AppStore • AppStore The Member may create their Account under the conditions set out in Article 6.1.2. They may then choose from one of the Subscriptions offered. • Android The Member may create their Account under the conditions set out in Article 6.1.2. They may then choose from one of the Subscriptions offered.

7.2 Subscriptions

7.2.1 Subscribing to a Service Subscription

The Member selects on the Website the Subscription they wish to take out. They are informed in advance, via a dedicated order interface, of the Subscription price and the various payment methods available. The Member has the opportunity to review the details of their order, its total price and correct any errors before confirming their acceptance. Such validation implies acceptance of these GTU&S in their entirety.

Subscribers or Members may order one or more complementary Subscriptions granting access to advanced Website features according to the packages detailed on the Website.

The ordering process for one of the paid Subscriptions is carried out in two (2) confirmatory steps:

Step 1: the Member is informed in advance, via a dedicated order interface, of the Subscription price and of the possibility of using their usual payment method: they have the possibility to expressly validate or refuse the order or to modify their usual payment method;

Step 2: the Member is informed via the same dedicated interface that their order is confirmed.

The sale of Subscriptions will be considered final (and the contract concluded) only after the Member has been sent an email confirming acceptance of the order by Lunettes Beausoleil.

Step 3: the Member may choose to increase the number of their social interactions by choosing to expand the visibility of their profile on partner services. This option is offered to the Member after validation of the first steps of their registration to the service. Selecting this option implies that the Member gives their express consent for the data required for their registration on the partner services to be shared with those services.

7.2.2 Order tracking

At the end of the Subscription process or subscription to a new Subscription, the Member may access online, permanently via their Account interface, the detailed summary of their ordered Subscriptions.

7.2.3 Satisfaction guaranteed or your money back

The Company takes the greatest care to offer its Members a quality user experience. However, if the Member has not found satisfaction through the user experience offered, the Member may request a refund of the initial Subscription taken out within fifteen (15) days of subscription, subject to:

having logged in at least on three (3) different days

having sent at least twenty (20) messages

having a validated (non-AI) profile photo

having a validated description

7.3 BOOSTS

Boosts are paid features enabling users to highlight their profile in the feed and news stream of other members. This highlighting increases visibility and interactions with your profile, offering you an enhanced experience and increasing your chances of matching. Terms of use:

Boosts are available for purchase from your user account. Once purchased, Boosts are activated immediately and applied to your profile for the duration or period specified at the time of purchase. The visibility and impact of Boosts may vary depending on overall activity on the platform and the number of Boosts used by other users simultaneously. Boosts are deemed consumed immediately after activation. Consequently, they are neither refundable nor exchangeable, except as otherwise provided by applicable law. By using a Boost, you acknowledge that the service begins upon activation and you expressly waive your right of withdrawal, in accordance with the applicable articles of these General Terms of Services. The Company undertakes to provide a service consistent with the Boosts description. However, it does not guarantee a specific number of views or interactions generated by their use.

7.4 Fees

All costs relating to access, whether hardware, software or Internet access costs, are exclusively borne by the Member.

8. Right of withdrawal

The Member has the right to withdraw within fourteen (14) calendar days from the conclusion of the sale, without having to give any reason and without any sum being due. To withdraw, the Member shall send the withdrawal form attached to these GTU&S and made available to them here, by email to customer@payoffsupport.com or to the following postal address:

Lunettes Beausoleil / Customer Service 33 Boulevard du Général Leclerc 06240 Beausoleil - France

A withdrawal submitted by email or by post reproducing the content of said form will also be taken into account.

In the event a Member exercises their right of withdrawal, Lunettes Beausoleil shall reimburse all sums paid within fourteen (14) days from the date on which it was informed of the Member’s decision to withdraw.

Exception to the right of withdrawal: You cannot cancel your order if performance has started at your request, acknowledging that you thereby lose your right of withdrawal. Confirmation of your choice is sent to you on a durable medium.

9. Obligations of Lunettes Beausoleil

9.1 Service quality

Lunettes Beausoleil uses its best efforts to provide quality Services. It enables Members to use the communication means made available to them under the best possible conditions.

Due to the nature and complexity of the Internet network, and in particular its technical performance and response times for consulting, querying or transferring data, the companies Lunettes Beausoleil use their best efforts, in accordance with best practice, to enable access to and use of the Services.

The companies Lunettes Beausoleil shall not be liable for the proper functioning of the Member’s IT equipment or their Internet access.

9.2 Maintenance and updates

The companies Lunettes Beausoleil use their best efforts to provide high-performing Services to Members and to maintain the Services under optimal operating conditions.

The companies Lunettes Beausoleil reserve the right to temporarily close access to the Services, in particular to perform updates, maintenance operations, modifications or changes to operating methods, access hours, without this list being exhaustive.

The companies Lunettes Beausoleil are not liable for damage of any kind that may result from a malfunction, inability to access, or poor conditions of use of the Services attributable to unsuitable equipment, internal malfunctions at the Member’s Internet service provider, Internet network congestion, and for any other external reasons constituting force majeure.

The companies Lunettes Beausoleil reserve the right to supplement or improve, at any time, the Website, the Subscriptions and the Services available thereon in accordance with technological developments and will inform Members by any means.

9.3 Moderation

The companies Lunettes Beausoleil are not subject to any obligation to monitor, moderate or control exchanges and content posted online on the Website by registered Members.

The companies Lunettes Beausoleil do not intervene directly in profile content. At the time of Member registration and Subscription, they ensure compliance with these GTU&S but do not verify the accuracy or validity of the information provided and do not monitor subsequent profile changes made by the relevant Member.

The companies Lunettes Beausoleil do not intervene in relationships and exchanges between Members.

The companies Lunettes Beausoleil undertake to react when content, behavior or use that is unlawful or non-compliant with these GTU&S is notified to them in accordance with the article “notification of unlawful content” herein or reported using the “abuse” link appearing on each registered Member’s profile. The companies Lunettes Beausoleil will take the measures they deem most appropriate to the situation.

The companies Lunettes Beausoleil reserve the right to remove any content not complying with these GTU&S, after informing, where conditions allow, the relevant Member.

The companies Lunettes Beausoleil actively combat any potential creation of fake profiles and take numerous actions to remedy this.

In order to comply with applicable laws and regulations, the Member undertakes in particular to:

comply with public order rules and standards of decency, such as regulations relating to pornographic, racist or unlawful content likely to infringe the integrity of another Member or customer service through text messages or provocative images.

respect individuals’ rights and rules relating to privacy: discriminatory, defamatory, abusive, obscene, vulgar, insulting, disparaging and degrading statements are prohibited.

comply with regulations relating to computer fraud.

not damage the image or reputation of the Website, the Services, or any natural or legal person.

9.4 Security

The companies Lunettes Beausoleil use their best efforts, in accordance with best practice, to secure the Website.

In view of the exponential nature of technological developments, the companies Lunettes Beausoleil cannot ensure absolute security of the Website or the absence of vulnerabilities.

9.5 Protection of minors and essential safety rules

Our service is strictly reserved for persons aged 18 or over. No registration, use or presence of a minor is permitted on the platform.

We apply zero tolerance regarding any form of content involving minors. This includes:

any image, video, description or discussion depicting or suggesting a minor;

any sexual or erotic content relating to a minor;

any attempt to contact a minor, whether real, simulated or presented as such;

any CSAE (Child Sexual Abuse and Exploitation) content.

Such behavior is strictly prohibited. As soon as a violation is identified, we will:

immediately and permanently suspend the relevant account, without notice;

block all associated content;

report the matter to the competent authorities where required by law or where we consider the facts sufficiently serious.

We also reserve the right to transmit to the authorities any information enabling identification of the person responsible where necessary to protect users and combat the exploitation of minors.

If you encounter suspicious content or behavior that does not comply with these rules, report it immediately using the tools provided in the application. User safety and the protection of minors are our absolute priority.

10. Obligations of Members

10.1 Reliability of profiles

The Services allow the Member, upon registration and then when they access their profile, to complete it with, in particular, data relating to their personality and physical appearance in compliance with applicable laws and regulations. In order to enable reliable exchanges between Members, each Member undertakes to provide accurate data, respectful of laws and regulations, and to update it regularly.

The Member shall not share their Account with other persons or give a minor access to their Account. The Member shall not provide, upon registration or when updating their profile, identification data that does not correspond to reality or impersonate a third party.

In particular, photographs uploaded by the Member must:

• Depict the Member exclusively • Not depict only unrelated elements (landscapes, animals, etc.); • Not contain text; • Comply with standards of decency: no nude photographs, suggestive photographs, photographs with sexual connotations or depicting minors.

It is prohibited for the Member to include telephone, postal or electronic contact details on their profile. It is prohibited for the Member to transmit their contact details (Skype, etc.) by any means whatsoever and to anyone whatsoever. It is also strongly advised that the Member does not allow another Member to film them, and does not send money, by any means whatsoever and under any pretext whatsoever, to another Member.

10.2 Compliant use

Once registered, and subject to having subscribed, where applicable, to one (1) or more of the Subscriptions offered, the Member will benefit from access to the Services, according to the Subscription package.

The Member is responsible for their use of the Services and their actions on the Website. They undertake to use the Website loyally, in compliance with these GTU&S. The Member’s behavior when using the Services must comply with rules of good conduct.

The Member shall refrain from any statements infringing the rights of others or that are defamatory, abusive and, in general, from any statements or content contrary to the purpose of the Services, laws and regulations in force.

The Member shall refrain from disseminating, in any form whatsoever, information or content containing links to third-party sites that are illegal, contrary to standards of decency and/or not consistent with the purpose of the Services. The Member undertakes to notify any manifestly unlawful content, in accordance with the procedure set out in the article “notification of unlawful content” of these GTU&S.

The Member may also report to the companies Lunettes Beausoleil the profile of a Member who does not comply with these GTU&S using the “abuse” link appearing on each registered Member’s profile. The Member shall refrain from any illegal conduct or conduct constituting fraud against the companies Lunettes Beausoleil, other Members or third parties.

In general, the Member undertakes to report to the companies Lunettes Beausoleil any malfunction of the Services they have observed using the “help” menu accessible online on the Website.

A breach by a Member of any of these obligations constitutes a serious breach. Any conduct not complying with the rules of good conduct above may be sanctioned under the conditions of the article “termination” of these GTU&S.

10.3 Social interactions

In addition to the provisions of these GTU&S and other contractual documents, the Member is fully responsible for all Content they publish in the dedicated areas of our service. Content must comply with the legislation in force in the Member’s country. The company does not intervene directly in profile content. The company ensures, at the time of Member registration and subscription to the Service, compliance with the GTU&S but does not verify the accuracy or validity of the information provided and does not monitor subsequent profile changes made by the relevant Member. Likewise, the company does not intervene in relationships and exchanges between Members.

As a technical social network platform, we consider it useful to specify, for the benefit of our users, a few principles highlighting appropriate conduct on the platform.

Act with common sense Thus, before publishing information on the Internet, the Member must always bear in mind that what they write on the Internet is open to interpretation. Act with caution Before posting a comment or message on a social network, the Member must always consider what the consequences may be. Data on the Internet is visible to all, infinitely reproducible and can be easily searched. Act in compliance with the Terms of Use Any use of the service, like any social network, must comply with the law and with the terms of use specific to the services used. It is therefore imperative that the Member reads them. Respect the communication contract. The Member shall formally refrain from making statements likely to harm their contacts or other Members. We strongly encourage the Member to report errors and illegal behavior on the Service in accordance with the formalities defined in Article 14 below “Notification of unlawful content”. Use the tools made available by the Service appropriately As a technical platform fostering social interactions, we have developed technical features intended to promote interactions between Members (Messages, chat, video exchanges, Speedflirt, etc.).

Use of private messages / chat Attempted fraud, the distribution of commercial or advertising messages, and phishing will immediately result in permanent closure of the member account. Commercial spamming is strictly prohibited on profiles or in private messages and chats.

Use of Speedflirt: to make it easier for Members to initiate contact, we designed this feature which allows Members lacking instant inspiration to receive suggested messages to introduce themselves and interact quickly, in the manner of “digital speed dating”. In all cases, messages are optional and not mandatory; the Member may send the message of their choice. Features as well as your interactions on the service (Speedflirts, swipes, etc.) are limited daily depending on the subscription plan you have chosen. The appearance of a window offering to upgrade your current subscription indicates that you have reached your available limit. Where applicable, the counter resets each day at midnight local time.

For their own safety, the Member must carefully choose the information they publish in their profile and more generally anywhere the service allows them to do so.

Comments are free provided that basic rules of decorum are respected and are subject to moderation. In order to preserve dialogue and respect for individuals, the moderator may delete, after prior warning where possible, any statement falling within the scope of the law and the provisions below.

The Member may not use our service:

• If they do not accept its general terms of use; • If they are a minor. This service is exclusively reserved for adults; • To communicate their personal contact details to any other member via messaging, via webcam chat; • For professional, advertising, promotional or commercial purposes; • To harm anyone in any way whatsoever by distributing messages or content that does not comply with applicable laws and regulations, standards of decency, third-party rights, that may offend minors’ sensibilities or constitute a disturbance of public order; • To provide content contrary to the provisions of our service’s editorial charter and standards of decency. Any offending content will be removed systematically and without notice; • To distribute any harmful content, personal invective, insult, disparagement, threat, incitement to hatred, violence, suicide, terrorism, harassment or threats against another User or a third party, • To distribute any defamatory content, or content infringing others due to their origin, religion, sexual orientation, gender identity, disability or social background; • To distribute content intended to degrade the service (viruses, spam, worms, software, etc.); • To distribute hyperlinks to sites that do not comply with the laws in force in their country, that are illegal and contrary to standards of decency; • To distribute hyperlinks to websites that are not part of the websites published by the company, regardless of the topic addressed;

May also be removed:

• Off-topic, superfluous or redundant comments and contributions (spam), with no particular contribution to exchanges, • Any statement encouraging excessive or inappropriate alcohol consumption, or promoting drunkenness. • Comments and messages for commercial or advertising purposes, • Links to external sites whose content may be contrary to applicable laws and regulations, • Private conversations on the page, exchanges of private contact details and personal questions, • Comments infringing image rights, the right to privacy, copyright or related rights, • Comments infringing the protection of a third party’s personal data.

10.4 Security

The Member is prohibited from accessing or remaining, fraudulently, in all or part of the Website. They shall refrain from using any access method other than the interface and instructions made available by the companies Lunettes Beausoleil

If such a method is discovered or if the Member enters a restricted area without authorization by mistake, the Member undertakes to inform Lunettes Beausoleil without delay at the following address: customer@payoffsupport.com so that it may take the necessary measures.

The Member is prohibited from deleting or modifying data contained on the Website or from fraudulently introducing data or even altering the operation of the Website. In particular, they shall ensure not to introduce viruses, malicious code or any other harmful technology on the Website or the Services offered thereon.

In particular, the Member shall refrain from carrying out any operation aimed at saturating a page, bounce operations or any operation resulting in hindering or distorting the operation of the Website.

Any voluntary access to a prohibited area will be considered fraudulent access within the meaning of applicable legal and regulatory provisions. The Member undertakes to consider that all data they may have become aware of in connection with such access to an unauthorized area constitutes confidential data and undertakes, consequently, not to disclose it.

The Member shall take all measures to ensure their own security, in particular the management of their identifiers and access codes, which they keep confidential.

11. Technical assistance

The companies Lunettes Beausoleil make available to Members a customer service capable of providing all information necessary for use of the Website and the Services.

Lunettes Beausoleil uses its best efforts to provide Services accessible to all Members under the best conditions.

The companies Lunettes Beausoleil cannot guarantee absolute technical compatibility of the features and Services they offer, since their proper functioning depends on the software and hardware compatibility of the IT equipment used by Members.

Use of a mobile application dedicated to use of the Services requires the Member to have a compatible electronic communications device as well as a mobile Internet connection. Before downloading the mobile application, the Member is advised to refer to the terms of use of the application download platform to review the required hardware configuration.

If a Member experiences difficulties accessing and/or using one of the Services offered by the Website, they are offered at any time the possibility to contact customer service using the online form accessible on the Website via the “help” menu.

12. Intellectual property

12.1 Elements of the Services

These GTU&S do not entail any assignment, for the benefit of Members, of intellectual property rights in the elements belonging to Lunettes Beausoleil. The content of the Website, the names of the Services, trademarks, designs, models, images, texts, photographs, logos, graphics, sounds, videos, domain names, or any other information or medium presented by Lunettes Beausoleil on the Website, without this list being exhaustive, are the exclusive property of Lunettes Beausoleil and are protected by applicable national and international laws and regulations relating to intellectual property.

Any reproduction and/or representation, in whole or in part, of any of these elements, without the prior express authorization of Lunettes Beausoleil is prohibited and would constitute infringement punishable under the intellectual property code.

If registered members do not upload a photograph, an artificial intelligence-generated image based on their declared preferences may be assigned to their profile. By accepting these terms, members consent to the use of this generated image.

Consequently, the Member shall refrain from any conduct or act likely to directly or indirectly infringe the intellectual property rights of Lunettes Beausoleil. Under no circumstances may the Member use, print or reformat the Website content for purposes other than private or family use.

They undertake not to download, reproduce, transmit, sell, distribute or exploit the Website content.

12.2 Third-party elements

The intellectual property rights attached to elements of the Website belonging to third parties whose use has been entrusted to the Company, such as trademarks, designs, models, images, texts, photographs, logos, without this list being exhaustive, are the exclusive property of their author and are protected as such by applicable national and international laws relating to intellectual property.

The Member shall refrain from directly or indirectly infringing the intellectual property rights of third parties attached to content present on the Website and shall refrain from exploiting, in any manner whatsoever, names, trademarks, logos, software, information and all documents communicated to them, generally, in connection with performance of these GTU&S.

The Member undertakes to respect all third-party rights, whose content is present on the Website, and shall refrain from creating any analogy in the public’s mind for any purpose whatsoever.

12.3 Elements posted online by the Member

The Member grants Lunettes Beausoleil a license to use the intellectual property rights attached to the elements they post online, of which they hold exclusive ownership and which are protected by applicable national and international laws relating to intellectual property. The Member may disseminate their profile containing their photograph more widely on other partner sites by going to the “My account” area.

This license of use granted by the Member to Lunettes Beausoleil includes the right for Lunettes Beausoleil to reproduce, represent, adapt, translate, digitize, use for the purpose of performing the Services or sublicense elements concerning the Member on the Services, as well as on any electronic communication medium in connection with the Services (in particular email, sms, mms, internet).

The Member authorizes Lunettes Beausoleil to modify the elements in order to comply with its graphic charter or to make them compatible with its technical performance or any medium format provided in connection with the Services.

The license of use is granted by the Member to Lunettes Beausoleil worldwide, and for the duration the Member makes these elements accessible online.

The Member undertakes to take all measures necessary to protect said rights vis-à-vis any third parties and guarantees Lunettes Beausoleil peaceful enjoyment thereof.

13. Liability and warranty

In providing the Services, Lunettes Beausoleil are subject to an obligation of means.

In accordance with applicable legislation, Lunettes Beausoleil cannot incur civil liability for activities or information stored at the request of Members, except where Lunettes Beausoleil has been duly notified of the existence of unlawful content under the conditions of the article “notification of unlawful content” of these GTU&S and has not acted promptly to remove it.

Members acknowledge and accept that the elements they provide, as well as their conduct or statements on the Website, may be reported by other Members and reviewed a posteriori by Lunettes Beausoleil on the basis of objective assessment criteria, without prejudice to the consequent application of the article “termination” of these GTU&S.

The Member acknowledges and accepts that the disclosure of information by them on the Website is their sole responsibility, and waives any recourse against Lunettes Beausoleil on the basis, in particular, of their right to image, honor and reputation, privacy, resulting from the dissemination by them of such information, except in the event of fault duly proven by the Member. The Member is solely responsible for any damage caused by the disclosure of such information.

The Member guarantees and indemnifies Lunettes Beausoleil against any claim and any conviction arising from a breach by the Member of the obligations incumbent upon them under law or these GTU&S.

The Member may not hold Lunettes Beausoleil responsible for any delay in the information transmitted to them. The liability of Lunettes Beausoleil cannot be sought in the event of fraudulent or abusive use, or use due to voluntary or involuntary disclosure to any person of the username and/or password for accessing the Member’s account.

The companies Lunettes Beausoleil cannot be held liable for a Member’s breach of these GTU&S, nor for their actions on the Website whether or not they constitute fault.

Exchanges between Members, profiles, descriptions and other ads are intended for entertainment and communication purposes. Lunettes Beausoleil merely provides a technical platform and cannot guarantee that exchanges between Members will actually lead to meetings. Furthermore, Lunettes Beausoleil cannot in any way be liable for meetings on or off the Website or for the correspondence between information communicated on the Website and reality.

The companies Lunettes Beausoleil endeavor to ensure the reliability of information and data in Members’ profiles, in particular by checking compliance with these GTU&S and the information provided when creating an Account. However, each Member may subsequently modify certain profile information. The companies Lunettes Beausoleil cannot guarantee the accuracy of information provided by Members, nor can they protect Members against identity theft.

Lunettes Beausoleil provides Additional Services intended to improve communication features and promote visibility of a Member’s profile on the Website. However, these Services are provided only to the extent of the same Services that may be subscribed to by other Members: in the event of multiple requests by Members for a given Service or for technical reasons related to proper management of the Website’s operation, the Member acknowledges that Lunettes Beausoleil cannot guarantee an unlimited duration for promoting the visibility of the Member’s profile or the uninterrupted effectiveness and availability of the Additional Service to which the Member has subscribed.

Partner websites may be accessible to users through hyperlinks such as advertising banners. The companies Lunettes Beausoleil cannot be held liable for data and information disseminated by their potential commercial partners.

14. Notification of unlawful content

Lunettes Beausoleil undertake to react when content, behavior or use that is unlawful or does not comply with the GTU&S has been notified to them in accordance with this article or reported using the “abuse” link appearing on each registered Member’s profile.

In such a case, Lunettes Beausoleil will take the measures they deem most appropriate to the situation.

Lunettes Beausoleil reserve the right to remove any content not complying with these GTU&S after informing, where conditions do not allow us to do so, the relevant Member.

Lunettes Beausoleil also actively combat any potential creation of fake profiles and take numerous actions to remedy this.

Any notification of unlawful content to Lunettes Beausoleil must mandatorily include the following information:

• The date of the notification; • If the notifier is a natural person: their surname, first name(s), profession, domicile, nationality, date and place of birth; if the claimant is a legal entity: its legal form, name, registered office and the body legally representing it; • The surname, first name and domicile of the recipient or, if a legal entity, its name and registered office; • A description of the disputed facts and their precise location (with a copy of the precise URL address of the content); • The reasons why the content must be removed, including reference to legal provisions and factual justification; • A copy of the correspondence sent to the author or publisher of the disputed information or activities requesting their interruption, removal or modification, or justification that the author or publisher could not be contacted.

The Member shall notify such content by providing the information referred to in this article by sending an email to the following address: customer@payoffsupport.com or by post to the following address:

Lunettes Beausoleil / Customer Service 33 Boulevard du Général Leclerc 06240 Beausoleil - France

It is recalled that presenting content or an activity as unlawful in order to obtain its removal or to stop its dissemination, while knowing such information is inaccurate, is punishable by one year of imprisonment and a fine of 15,000 euros.

15. Personal data

Personal data likely to be collected during registration on the Website are intended for Lunettes Beausoleil as data controllers:

• Email: the purpose of processing this mandatory data for user registration is to send electronic communications to the Member, • Date of birth: the purpose of processing is to display the Member’s age on their profile, • Gender: the purpose of processing is to create an account consistent with the user’s gender, • Sexual orientation: the purpose of processing is to create an account consistent with the user’s search, • Photographs: the user may upload photographs to populate their profile. By default, five photographs are automatically imported. The Member is free to replace these photographs with other photographs. The purpose of processing enables the Member to populate their profile more easily.

This collection enables the Member to create an Account, which is a prerequisite for using the Website and for any Subscription. If the Member refuses to provide such information, they will not be able to use the Website and possibly subscribe to a Subscription.

The data collected is intended solely for internal use; it may be accessed by persons acting under the authority and on the instructions of Lunettes Beausoleil.

By way of exception, bank data is communicated to service providers responsible for managing and collecting payment for the Services and Subscriptions. The Member expressly consents to their bank data referred to above being communicated to said service providers and solely for the above purpose.

By way of another exception, personal data collected during registration on the Website may be communicated to commercial partners only after the express consent of the Member or Subscriber and in order to facilitate their registration for Additional Services. Such data is retained only for a period strictly related to the purpose of processing and for a maximum of two years from the Member’s last visit to the Website. The subscriber may also be visible and exchange with Members of other platforms if they so wish. Such data may be communicated by Lunettes Beausoleil for the purpose of providing quality Services. The Member expressly consents to such communication. They are intended to offer Members matches consistent with their personality. With the exception of the Member’s email address, which is mandatory for registration, the Member is not required to provide any other personal data, without effect on the contract.

Personal data may be transferred to the following commercial partners: DNX Network Sarl, X CASH, Wellhello, Proximeety, Flirt Revenue and Salamandra Web SL. The Member may withdraw their transfer authorization via the section dedicated for this purpose on their account accessible via the “Mon Compte”, “Mes Paramètres” menu. It is strictly prohibited to retrieve, use or transmit to Third Parties any personal data appearing on the Website, regardless of the use. It is also strictly prohibited to contact in any way whatsoever or send “junk mail”, “spam”, mailings to current or former Members or Subscribers of the Website.

In accordance with applicable laws and regulations, the Member has a right of access, rectification, erasure and restriction of the personal data concerning them. The Member also has a right to object, on legitimate grounds, to the processing of their personal data. The Member also has a right to withdraw consent for processing based exclusively on their consent. In addition, the Member has the right to provide the data controller at Lunettes Beausoleil with instructions regarding the fate of their data after their death.

Finally, the Member may request that their data be exported to a third party where they have consented to the collection of such data or where such data has been collected in connection with the performance of a contract. All of these rights may be exercised with Lunettes Beausoleil 33 Boulevard du Général Leclerc 06240 Beausoleil - France by registered letter with acknowledgment of receipt, accompanied by proof of identity.

Lunettes Beausoleil has a response period of two (2) months from receipt of said letter. The Member also has the possibility to lodge a complaint with a data protection authority. If the Member has reasons to believe that their personal data has been used, the Member must inform Lunettes Beausoleil without delay.

16. Traceability

In order for the Services to be easily accessible and personalized, Lunettes Beausoleil retains the history of the Member’s connections to the Website and tracks Members’ browsing on the Website through cookies, in compliance with applicable laws and regulations.

Lunettes Beausoleil retains a copy of the data and content enabling identification of any person who contributed to the creation and/or posting online of defamatory or abusive content, even where such content is deleted by the Member, for a period of one (1) year from the first publication of such content.

17. Deregistration from the Website and Termination of a Subscription

17.1 Deregistration from the Website

A Member’s Account may be automatically deactivated in the event of prolonged inactivity by the Member holding the Account. In such a case, Lunettes Beausoleil will delete all data related to the inactive Account after a period of two (2) years from the last login to the Account. The Member may terminate their registration on the Website by deleting their Account at any time, in particular via the section dedicated for this purpose in the “ mes paramètres > abonnement ” menu or by any other means that may be indicated to them in that menu. This request will be deemed made on the business day following receipt by the service of the deregistration request for the relevant Account. This request does not entail any refund for the remaining Subscription period. A Subscriber may deregister from the Website only if they have first unsubscribed.

17.2 Subscription term

Subscriptions are taken out for the duration chosen by the Subscriber at the time of subscription.

In the event of payment by bank transfer, the Subscription will not be renewed at expiry.

In the event of payment by bank card, the Subscription will be automatically renewed upon expiry for successive periods equivalent to those initially chosen by the Member, unless terminated by the latter under the conditions set out in Article 17.3. The renewed Subscription will be billed to the Member on the pricing basis and periodicity of the Subscription initially taken out by the Member.

17.3 Termination of a Subscription

Termination may be carried out by using the “ Mettre fin à mes avantages premium ” function on the Account accessible via the “ Mon Compte ” menu.

Unless otherwise stated at the time of subscription, automatic renewal of a Subscription may be interrupted between 2 days after purchase and at least 2 days before the renewal date.

The one-week trial offer is an offer on the two-week subscription, with the first 7 days benefiting from a reduced rate to allow Members to discover the Website. Some features remain limited. This subscription is automatically renewed for the same duration (14 days), unless cancelled by you, free of charge. If you choose to cancel your offer within the required time limits, your access is removed as soon as your request is recorded.

The 2-week subscription is renewed for an identical duration unless cancelled by you. Where cancellation is carried out after the first week, it will be duly taken into account but will only take effect at the end of the next renewal period. This means that you may continue using the service until the scheduled end date. A confirmation on a durable medium will be provided to you.

The monthly subscription is automatically renewed each month on the anniversary date of your subscription.

Termination of a subscription entails the application of administrative and management fees in the amount of 19.74 euros.

Furthermore, the Member will receive confirmation by email of their decision not to renew the Subscription.

17.4 Suspension and termination for breach

17.4.1. Suspension

Regardless of the payment method, in the event of a breach by the Member of their obligations under these GTU&S, Lunettes Beausoleil reserve the right, without compensation, eight (8) calendar days after the Member receives an email requesting them to comply with these GTU&S, to suspend access to their Account and any Services under their Subscription until the cause of the suspension has disappeared.

Such suspension may be implemented, for example, where:

• The Member completes their profile in a manner not compliant with these GTU&S; • The Member uploads a non-compliant photograph; • The Member behaves in a manner that disturbs the peace and quiet of one or more other members. In all cases, the Member will be informed by email of the suspension of their Account and Subscription.

17.4.2. Termination by Lunettes Beausoleil

In the event of a serious and repeated breach by the Member of their obligations under these GTU&S, Lunettes Beausoleil reserve the right, without compensation, fifteen (15) calendar days after the Member receives an email requesting them to comply with these GTU&S, which remains unsuccessful, to terminate registration on the Website, close their Account, and terminate the Member’s Subscription, without prejudice to any legal action that may be available to them.

In the event of bank rejection of the payment method used by the Member, Lunettes Beausoleil reserve the right, eight (8) calendar days after the Subscriber receives an email requesting payment of the sums due with a new payment method, which remains unsuccessful, to terminate registration on the Website, close their Account, and terminate the Subscription, without prejudice to any legal action that may be available to them.

The Member will be informed by email of the closure of their Account and termination of the Subscription.

17.4.3. Termination by the Subscriber

In the event of unavailability of the Services, excluding cases of force majeure as provided in Article 18 of the GTU&S, for a period of more than seven days, the Subscriber may terminate the Subscription by sending a registered letter with acknowledgment of receipt, accompanied by bank account details, to the following address: Lunettes Beausoleil / Customer Service 33 Boulevard du Général Leclerc 06240 Beausoleil - France.

Lunettes Beausoleil undertake to reimburse the Subscriber pro rata for the term of their Subscription within a period which may vary, depending on the Subscriber’s bank, from two (2) to ten (10) calendar days from receipt of the registered letter accompanied by bank account details.

18. Force majeure

The Parties may not be held liable if non-performance or delay in performance of any of their obligations, as described in these GTU&S, results from a force majeure event within the meaning of applicable national legislation.

The Party noting the event must inform the other Party without delay of its inability to perform its obligations due to a force majeure event. Suspension of obligations may under no circumstances give rise to liability for non-performance of the obligation concerned, nor entail payment of damages or late penalties.

Initially, force majeure events will suspend performance of these GTU&S and the ongoing Subscription.

Consequently, as soon as the cause of suspension of their reciprocal obligations disappears, the Parties will resume normal performance of their contractual obligations as quickly as possible. To this end, the prevented party will notify the other party of the resumption of its obligation by the means of its choice.

If the impediment exceeds two (2) months, these GTU&S and the ongoing Subscription will be automatically terminated.

19. Good faith

The Parties agree to perform their obligations in perfect good faith.

20. Sincerity

The Parties declare these commitments to be sincere.

To this end, they declare that they are not aware of any element which, had it been communicated, would have modified the consent of the other Party.

21. Headings

Headings of the GTU&S clauses are included for information purposes only and shall in no way affect the meaning or interpretation of these GTU&S. Where the heading of a clause disrupts understanding of the clause itself, it shall not be taken into account.

22. Invalidity

If one or more provisions hereof are held to be invalid or declared as such pursuant to a law, regulation or following a final decision of a competent court, the other provisions shall retain their full force and scope.

23. Entire agreement

These GTU&S set out the entire obligations of the Parties.

No general or specific terms contained in documents sent or delivered by the parties may be incorporated into these GTU&S.

24. Evidence agreement

Acceptance of these GTU&S electronically has, between the Parties, the same evidential value as an agreement on paper.

Data recorded in the Website’s IT systems will be retained under reasonable security conditions and considered as evidence of communications between the Parties. Unless proven otherwise, such data constitutes evidence of all transactions carried out between Lunettes Beausoleil and the Member via the Website.

Contractual documents are archived on a reliable and durable medium that may be produced as evidence.

25. Confidentiality

Information transmitted or collected by the companies Lunettes Beausoleil in connection with use of the Website is considered by nature confidential and covered by professional secrecy and is not subject to any external disclosure, except as required under applicable national and international laws. This provision does not prevent disclosures ordered by judicial or administrative authorities.

26. Language

These GTU&S have been drafted in French.

In the event of a conflict between the parties or divergences regarding the interpretation of a word or clause, only the versions drafted in French shall prevail.

27. Dispute resolution

27.1 Governing law

These GTU&S are governed by Swiss law. This applies to both substantive and procedural rules, notwithstanding the places where the substantial or ancillary obligations are performed.

27.2 Competent court

Any disputes to which the creation of an Account, the subscription of the Services, their performance or termination may give rise, and which could not be resolved between a Member and Lunettes Beausoleil, shall be submitted to the competent courts under the conditions of ordinary law.

27.3 Mediation

The Member may also submit any complaints on the online dispute resolution platform provided by the European Commission at the following address: http://ec.europa.eu/consumers/odr/ . The European Commission will forward the Member’s complaint to the notified competent national mediators.

28. Pre-contractual information

The Member acknowledges having received, prior to creating an Account and subscribing to a Subscription, in a legible and understandable manner, these GTU&S and in particular the following information:

• the essential characteristics of the Subscriptions; • the price of the Subscriptions; • information relating to the identity of Lunettes Beausoleil and their postal, telephone and electronic contact details.

29. Legal notice

The Website is published by the Company Lunettes Beausoleil, SARL, with share capital of 1000€, registered with the Trade and Companies Register of Nice under number RCS B 914 452 594, whose registered office is located at 33 Boulevard du Général Leclerc 06240 Beausoleil - France.

The hosting provider is: STACK Infrastructure Switzerland SA, 20 Chemin du Pré-Fleuri, CH-1228 PLAN-LES-OUATES.

LEGAL NOTICE

This site is owned and operated by Lunettes Beausoleil, SARL, capitalised at 1000€ registered with the Registrar of Commerce and Companies of Nice bearing number 914 452 594, headquartered in 33 Boulevard du Général Leclerc 06240 Beausoleil - France.

Email address: customer@payoffsupport.com

Members can modify their alerts settings directly from their account, or choose to stop receiving them, by clicking on the corresponding link at the bottom of each email.

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Privacy Policy

This Privacy Policy (hereinafter the ‘policy’) is published by Lunettes Beausoleil, SARL, registered in the trade and companies register of Nice, under number 914 452 594, with registered offices at 33 Boulevard du Général Leclerc 06240 Beausoleil - France, represented by its current chairman.

This Privacy Policy seeks to regulate the collection and use of personal data processed during registration on the Web Sites published by our company, the management & setting of Cookies as well as the rights of consumers.

1. Personal Data

The personal data likely to be collected during registration on the Web Site is intended for the company, the controller. This collection allows the creation of an account by the Member, prior to use of the Website and the possible subscription to a Membership. In the event where the Member refuses to fill in the information, they cannot then use the Web Site or optionally, subscribe to a membership.

The collected data is only intended for the company’s own internal use. Only the person acting under the company’s authority and on their instructions can access it.

Exceptionally, banking data is shared to service providers in charge of the management and collection of memberships. The Member expressly consents that his above-mentioned banking data be shared to said service providers and in the sole purpose specified above.

By another exception, the personal data collected during the registration process on the Web Site is susceptible to be disclosed to business partners only after the Member’s or Subscriber’s express consent and in order to facilitate their registration to additional Services.

This data shall be kept only for a period strictly related to the purpose of processing and at most two years from the Member’s last visit on the Web Site.

It is intended to be used to offer Members meetups that match their personality. Except for the Member’s email address which is mandatory data for registration, the Member has no obligation to provide further personal data, without effect on the contract.

It is strictly forbidden to retrieve, use or transmit personal data appearing on the Web Site to third parties, whatever the purpose.

It is also strictly forbidden to make contact in any way whatsoever or to send ‘junk mail’, or ‘spam’ mailings to current or previous Subscribers.

In accordance with the legal and regulatory provisions in effect on data protection, the Member has a right of access, correction, deletion and restriction of the personal data concerning them. The Member has a right to opposition, for legitimate reasons, to the processing of their personal data.

Further, the Member has the right to withdraw consent for processing based exclusively on their consent.

In addition, the Member has the right to share to the company their instructions on the fate of their data after his/her death.

Finally, the Member has the option to request their data be exported to a third party when he/she has consented to the collection of this data or when this data was collected as part of the performance of a contract.

All these rights can be exercised with Lunettes Beausoleil, customer@payoffsupport.com, 33 Boulevard du Général Leclerc 06240 Beausoleil - France by registered letter, attested by an acknowledgment of receipt.

Further, the Member has the option to lodge a complaint before a data protection authority.

In the event where the Member would have reason to believe that their personal data might have been used, they must notify the company without delay.

2. Cookies

When using our Site, different types of cookies are deposited on our Site, by the company or third parties.

2.1 Cookies deposited by our Site

These cookies are linked to the operation of our Web Site. In the absence of some of these cookies, you might not be able to use our Site and all of its features correctly.

2.1.1 Authentication cookies

Authentication cookies allow members to reconnect more easily. This cookie is deleted if the member logs off the site and they will have to re-enter their credentials to reconnect. For the security of the personal data of our members, no password or personal identifiers are visible in this cookie.

2.1.2. Session cookies

Session cookies are cookies which permit access to the Members section of our Site after the member has been authenticated. These cookies are automatically deleted by the Member’s browser when the Member does not use the Site for more than an hour. These cookies can be first party or third party.

2.1.3. Advertising cookies

Advertising cookies allow us to display to our members targeted advertisements based on their age, gender, location, language etc. They also allow us to provide offers that may be of interest to our members according to their affinities and interests.

2.1.4. Visit Statistics Cookies

Visit Statistics Cookies allow us to count the number of pages displayed by our visitors and our members during their navigation on our Site.

2.1.5. Language Preference Cookies

Language preference cookies allow us to remember the language in which our members wish to browse our Site.

2.2 Cookies deposited by third parties

These cookies are implemented by a different area of our Web Site. We do not manage the Data Protection cookie policies of these third parties, who act on their own behalf. The personal information contained in these cookies is only accessible by these third parties. On this occasion, we do not share any personal data.

2.2.1. Sharing cookies (social networks)

Social networks (Facebook, Twitter) allow members to share data with other members of our Site. When you click on the share button, Facebook or Twitter will store a cookie on your device. This cookie allows, when you are logged in to your Facebook or Twitter account and at the same time browsing our Site, to link your account data on our Site to Facebook or Twitter.

2.2.2. Audience measurement cookies

The audience measurement cookies used on our Site are deposited by our partner, Google Analytics. They allow us to analyse the traffic and performance of our Site, particularly by examining the use of various components of our Site (pages viewed, navigation, etc.) to improve the interest and the usability of our site to offer the best service possible.

2.2.3. Unsubscription

We use the email address you provided to send you information about our products. You can unsubscribe and stop receiving emails at any moment by following the unsubscribe instructions at the bottom of each email.

2.2.4. Consent

By using our site, you consent to our privacy policy.