Términos y Condiciones

YAKAZ GENERAL TERMS AND CONDITIONS OF USE
Welcome to the Yakaz Internet site. By accessing Yakaz and the services available from our Internet site (the «Services»), you hereby agree to these General Terms and Conditions of Use («GCU»). The GCU may be periodically updated. It shall accordingly be up to you to consult this page on a regular basis to learn of any updates; such modifications or updates shall be automatically enforceable upon being put on-line. Use of all or part of the Services subsequent to putting updates of these GCU on line shall amount to acceptance of such updates. In case of disagreement with these GCU you shall immediately discontinue use of Yakaz and the Services.

1. DESCRIPTION AND CONTENT OF YAKAZ Services
1.1 Search engine
1.1.1 All users of the Yakaz site may use the search Service, free of charge and anonymously. By means of a search engine and automatized indexation without any human intervention, this Service allows you to search and display advertisements that correspond to your request as posted by a user on the Yakaz advertising Service or posted on any other third-party Internet site.
1.1.2 The results that shall be made available to you using this search Service may not, however, be deemed as being exhaustive with respect to your request and/or the category of products or services being searched.
1.1.3 Yakaz's role shall consist exclusively of searching and displaying from meta tags or keywords contained in the advertisements available on the Internet or its advertisement Services, those advertisements that most pertinently correspond to your request.
1.2 Advertising Service
1.2.1 Subject to your prior registration on the Yakaz site in accordance with Article 3, you may benefit, free of charge, from the Yakaz advertising Service and, accordingly, post your advertisement or advertisements and/or be put into contact with a user having posted an ad on this Service.
1.2.2 This Service consists exclusively in a service for advertisements' hosting and putting users and advertisers into contact. Yakaz does not provide nor itself sell any service, product via this Service, does not control the goods, services and activities advertised via this Service and in no manner whatsoever takes part in the transactions that are entered into based on an ad. These transactions and the notifications and payments related thereto, whenever applicable, to the tax authorities shall be carried out and made under your and your co-contracting party exclusive responsibility.
1.2.3 It shall therefore be up to you to ensure that you are an adult according to the laws of your country, that you have the legal capacity and authority to form legally binding agreements according to the terms of your advertisement and you shall ensure yourself of the compliance and lawfulness of your advertisements and the offered goods and services with applicable regulations.
1.3 Evolution of the Yakaz site and Services
The content and more specific features of the Services and functionalities of the Yakaz site and its Services appear directly on the site. Such description shall be updated by Yakaz as its site and/or the conditions of access or content of its Services evolve.
2. ACCESS TO THE CONTENT OF THE YAKAZ SITE
2.1 Yakaz is available 24 hours a day, seven days a week absent a case of force majeure or an event that is beyond the control of Yakaz and subject to any breakdowns and maintenance necessary for the proper functioning of the site and the equipments. The Yakaz site may not be available during maintenance without the provision of any prior notice.
2.2 Technical assistance in the event of the malfunctioning of the Yakaz site shall be provided to the users under the site heading «Contact us», according to the terms and conditions appearing under such heading. Such assistance shall not cover problems related to telecommunication terminal equipments or the configuration of your software.
3. REGISTRATION ON THE YAKAZ SITE
3.1 Methods of registration
3.1.1 Registration on the Yakaz site shall be made on-line. It is reserved to …? Such registration shall be necessary, in particular, in order to use the advertising Service.
3.1.2 You hereby undertake to provide accurate information that complies with the law in force with respect to identification information requested at the time of your registration and to update any modification concerning such information throughout the period of your registration. Such information and data are entered and put on-line by you under your exclusive responsibility; Yakaz shall not carry out any verification with respect to the accuracy of such provided identification information or updates by any of the users of its Services and with respect to the absence of interference with third parties' rights. You shall therefore guarantee and hold harmless Yakaz against any action, complaint or claim initiated by third parties in accordance with Article 6 of these GCU.
3.2 Confidentiality of the access code
3.2.1 Following the registration procedure, you shall receive an e-mail from Yakaz acknowledging receipt of your request, at the e-mail address communicated by you at the time of registration. It shall be up to you to click on the hypertext link appearing in this e-mail in order to definitively confirm your registration on Yakaz.
3.2.2 You shall also be attributed a personal access code, comprised of an identifier and a password, which you shall personalize at the time of your connection. This access code is strictly personal, confidential and non-assignable. You hereby agree not to disclose this access code and not to propose access to Yakaz to a third person under your identity. In the event that you become aware of the use of your access code by a third person, you shall immediately change your password and notify Yakaz thereof.
3.2.3 This access code will enable you to access your personal space in which you may complete and/or update the data and information concerning you, draft and instantaneously post your ads on Yakaz, monitor and manage them and have the use of a private internal mail box, for the sole purpose of sending and receiving messages by instant messaging or e-mails, with the other users of the advertising Service. Yakaz does not guarantee the maintaining of the content of such messaging and it shall be up to you to backup said content. Loss of such content, regardless of the cause, shall not constitute damage giving rise to any remedy.
4. USE OF THE YAKAZ SITE AND ITS SERVICES
4.1 You hereby agree to use Yakaz and its Services in accordance with these GCU, public policy and comply with accepted standards of good behavior, and the laws and regulations in force. More particularly you are hereby informed that you may not:
  • post on Yakaz, or exchange with other users via the functionalities offered by use of the Services, including the internal messaging that is made available, any advertisements or information, regardless of their nature (text, image, sound, etc.) that:
    • are untrue, imprecise or misleading;
    • liable to infringe the privacy or the right to one's image of other users or third parties, intellectual property rights, a registered trademark, company name, confidentiality of correspondence;
    • constitute a value judgment, that is, containing references to racial origins, political or religious opinions, union affiliation or the morals of individuals;
    • liable to constitute a criminal infraction, in particular data that is defamatory, injurious, racist, revisionist, homophobic, obscene, sexual, constituting pedophilia, pornographic or incites murder or suicide or the commission of any other criminal infraction;
    • liable to constitute fraud or abuse of a person's weakness;
    • liable to constitute illegal subcontracting or illegal supply of workers, which may be assimilated to an offer of undeclared employment, or otherwise contrary to the provisions of the French Labor Code;
    • contrary to provisions relating to distance selling of goods and services, the sending of unsolicited commercial messages (spams), deceptive or misleading advertising, regulations specific to the products and services involved and/or rules of good faith in business relations (disparagement, unfair competition, passing-off);
  • interferes with the integrity, functioning, availability and security of the site and its Services by means of IT fraud, introducing a virus, fraudulent collection of personal data and, in particular: (i) implementing any action liable to jeopardize or interfere with the correct functioning of the Yakaz site; (ii) accessing or attempting to access data that is not intended to be visualized by a user, or (iii) penetrating or attempting to penetrate a server or an account which users are not authorized to access, or (iv) by the massive dispatching of spams or other unsolicited, promotional information;
  • without Yakaz's express authorization, carrying out any framing or creation of mirror sites virtually replicating the Yakaz site;
  • using information concerning advertisers for inappropriate or illegal purposes such as unsolicited canvassing, proposing taking part in lotteries or sweeptstakes, or any action that does not comply with the regulations in force, including data protection regulations.
4.2 We furthermore hereby inform you that Yakaz is not an on-line dating site. Any posting of advertisements for dating, whether direct or dissimulated, shall be strictly prohibited.
4.3 Use of the Yakaz site and its Services is strictly prohibited to any prostitution rings and sects.
5. WARNING
5.1 It is recommended that all Yakaz users take all necessary precautions at the time of using Yakaz and the Services in order to ensure (i) the truthfulness of the identification information published by the other users of the site and/or the advertisers, and (ii) the quality, authenticity and lawfulness of the ads that can be visualized by means of the Services, in particular by consulting the opinions given concerning the users prior to any contact.
5.2 Yakaz has put into place certain automatized control tools in order to ensure the limitation of the use of abusive or misplaced words or which are contrary to accepted standards of good behavior and laws and regulations in force and these GCU. However, the use of such tools does not constitute any warranty whatsoever on the part of Yakaz with respect to (i) the truthfulness of the identification information published by a user on the site, (ii) the quality, authenticity and lawfulness of the ads posted on Yakaz, or (iii) the absence or elimination of deviant behavior on the site.
5.3 You may report any abuse or non-complying use of the Services by sending an e-mail via the Yakaz dedicated rubric. You hereby agree to use this functionality in good faith and shall not make any abusive, untruthful or defamatory report, which may be civilly and criminally sanctioned and entail your being temporarily or definitively struck from the Yakaz site and Services.
5.4 In any event, the withdrawal of the incriminated ad from the results of the search engine or the Yakaz site or the blocking of access to the ad involved, to the extent that it would be technically possible, shall be within Yakaz's sole discretion; in particular, Yakaz shall take into consideration the reasons and justification of the user in support of his request for withdrawal or blocking in order to decide whether or not to follow up such request.
5.5 In case of a dispute, the parties hereto agree that the production by Yakaz of the registrations on the site servers shall prevail.
6. LIABILITY
6.1 Excepting those articles published by Yakaz on Yakaz Blog (aside from user comments), ads, data and information posted and/or distributed on the Yakaz site, as well as all third party sites and hypertext links relating thereto, are exclusively ads, data and information drafted by and/or under the control and editorial responsibility of third parties, including Yakaz users, in that they result:
  • either from third-party Internet sites, their posting on Yakaz resulting solely from the search Service, or
  • users of the advertising Service.
6.2 Yakaz is therefore acting within the context of its Services merely as a search engine and/or hosting provider and in particular does not exercise any control, assume any liability or furnish any guarantee in relation with:
  • the quality, conformity of the offer, lawfulness with respect to the laws and regulations in force or the suitability of the products or services proposed via the ads;
  • the reliability, accuracy and lawfulness of any information contained in an ad, and whether it is up-to-date, whether or not relating to a service or product or the identification of the advertisers.
6.3 Consequently, you shall indemnify and hold harmless Yakaz upon first request against any action for liability or claim by a third party, including another Yakaz user, against Yakaz and resulting from a breach by you of these GCU, public policy and good morals and/or the laws and regulations in force.
6.4 You hereby state that you accept the features and technical limits of an on-line service and, more particularly, acknowledge:
  • being aware of the hazards of on-line consultations, notably as concerns response time;
  • that it is up to you to take all measures necessary in order to ensure yourself that the technical features of your computer allow you to access the site and its Services;
  • being solely responsible for your Internet access and that it is up to you to take all appropriate measures in order to protect your own data and/or software from contamination by any viruses that may be on the Internet.
6.5 Consequently and absent any proven fault that is exclusively attributable to Yakaz, Yakaz shall not be liable for any damage sustained by you by virtue of the use of Yakaz and its Services. Yakaz shall in no event be liable for any consequential damages that may be sustained by a user, such as lost earnings, operating loss, loss of clientele and data, resulting from a possible malfunctioning, breakdown, delay or interruption in access to all or part of the Yakaz site and/or resulting from use of information obtained by means of the Services.
6.6 In any event, in the case where Yakaz is liable for any fault that is duly proved and exclusively attributable to Yakaz, its liability shall be limited to 150 euros.
7. DATA PROCESSING AND INDIVIDUAL LIBERTIES
7.1 Yakaz collects personal data from the users of the site. The mandatory or optional nature of the personal data that is requested and the consequences if any of a failure to answer are specified at the time it is collected. Yakaz, which is in charge of processing the data, shall declare its processing of personal data via the Yakaz site to the CNIL [Commission nationale de l'informatique et des libertés (French National Data Protection Authority)].
7.2 All of the collected data may give rise to the exercise of the right of access, rectification and opposition for legitimate reason pursuant to the conditions and within the limits prescribed by Articles 38, 39 and 40 of Law no. 78-17 of January 6, 1978 as amended. In this regard, you may obtain a copy of the personal data concerning yourself by sending a postal letter to Yakaz at the following address: 34, rue de Cléry 75002-Paris (France), attaching to your request a copy of proof of identity containing your signature.
8. INTELLECTUAL PROPERTY AND RIGHT TO ONE'S IMAGE
8.1 Yakaz is the owner of all of the intellectual property rights connected to the Yakaz site, its trademarks, logos and domain names. Concerning the content of the Yakaz Services, in particular and not limited to, the texts, images and sounds, such content may also be protected by intellectual property rights and/or rights to one's image or the right of privacy, which are either the property of Yakaz or its licensors (including Yakaz users), or the property of third parties. You hereby consequently agree to guarantee and hold harmless Yakaz (as well as its directors and employees) against the consequences of any claim by third parties resulting from the violation by you of any intellectual property right, or rights to one's image and/or the right of privacy.
8.2 For the purposes of publication of your profile and your advertisements on Yakaz, you hereby irrevocably, gratuitously and non-exclusively grant Yakaz and authorize Yakaz to sub-grant to any and all third parties, for the whole world, the rights to reproduce, display, adapt, translate, modify, temporarily or permanently post, store and distribute connected to the information protected by any intellectual property right, right to one's image and/or the right of privacy that you make available, publish or post on Yakaz. You hereby represent that you dispose of the rights necessary to enable you to grant the rights herein and you undertake to indemnify Yakaz for all expenses, damages, fees and other costs resulting from a complaint or action by a third party alleging breach of his rights.
9. TERM
These GCU shall become effective upon use of the Yakaz site and shall remain in effect throughout the duration of such use and, where applicable, your registration on the Yakaz site.
10. WITHDRAWAL - SUSPENSION - TERMINATION
10.1 You may terminate your registration on the Yakaz site at all times by following the deregistering procedure which is accessible from your personal space. Such deregistering shall be immediate upon definitive confirmation by you of your request to deregister and shall entail the immediate elimination of your access to your profile and all of the information and data appearing therein in accordance with the Article 11 hereinafter.
10.2 Yakaz reserves the right, ipso jure and forthwith, to (i) refuse or limit your registration or delay its visibility on Yakaz, (ii) limit, suspend or definitively end your registration on Yakaz, (iii) take all technical and legal measures in order to prohibit you or all or part of the users, access to its Internet site and/or its Services, as well as (iv) temporarily or permanently render invisible or eliminate certain content hosted on its search Service or advertising Service, if it deems that your conduct or the conduct of all or part of its users breach these GCU, in particular Articles 3 and 4, or following a denunciation by a user or third party, or upon injunction of a legal authority. For security reasons, Yakaz also reserves the right to cancel accounts that have not been confirmed within one week, or accounts that have been inactive for more than six months. In case of a decision to suspend your account, your profile and your advertisements shall not be visible on our site throughout the period of suspension.
10.3 Yakaz also reserves the right to inform the competent authorities of any advertisement or offer of products or services, or attempt to offer products or services, which are contrary to public policy, accepted standards of good behavior and the laws in force.
10.4 The measures specified in Article 10.2 are without prejudice to full compensation of the loss that may be sustained by Yakaz.
10.5 Yakaz shall not be liable as a result of a decision to terminate, suspend or withdraw content which thereafter turns out to be unfounded as Yakaz, acting as a search engine and/or host in connection with its Services, must comply with the legal obligations incumbent on it.
10.6 The reestablishment of your registration, your access to the Services and/or putting your content back on-line shall not be effective until following a finding that the conditions having led to the suspension or withdrawal have disappeared and you offer the guarantees necessary for your compliance with these GCU.
11. CONSEQUENCES OF THE TERMINATION OF CONTRACTUAL RELATIONS
11.1 You are hereby informed and acknowledge that at the termination of your registration, regardless of the reason, your profile and your advertisements shall no longer be visible on Yakaz by the other users and your access to your personal space and all of the data appearing therein, including all of your correspondence exchanged with other users by the electronic and instantaneous messaging made available to you by Yakaz shall be immediately deactivated.
11.2 Yakaz can accordingly destroy the data of your account, without being liable with the exception of data relating to your identification, which data shall be maintained throughout the legal period imposed by law on hosting providers for maintaining such data, which period may be extended in case of a dispute and/or at the request of a legal authority. All of such data shall also be automatically destroyed at the end of such period.
12. MISCELLANEOUS
12.1 It is expressly agreed that these GCU can never be construed as creating a company, association, agency or representation relationship, or commercial agent relationship between Yakaz and any one of its users. It is furthermore expressly agreed that no user may bind over Yakaz in any manner whatsoever.
12.2 A user may not assign the GCU to any third party without the prior consent of Yakaz, which failing this, reserves the right to terminate the GCU.
12.3 If any clause is found to be void, the remainder of this document shall not be affected by the nullity of such clause.
12.4 The fact that either one of the parties does not rely on any provision of the GCU shall not in any manner entail waiver of the benefit of such provision.
12.5 The GCU are drawn up in the French language and may be translated into other languages. In case of a dispute between the parties, the French version alone of these GCU shall be binding on the parties.
13. GOVERNING LAW – JURISDICTION
13.1 The GCU shall be governed by the laws of France.
13.2 Any disputes that may arise concerning the formation, interpretation or performance of the GCU which are not amicably resolved shall be referred to the competent courts of Paris, except in those cases where such contractual attribution of jurisdiction is not enforceable on the user as a consumer.
Contact:
YAKAZ
34, rue de Cléry
75002- Paris
France
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