/  Privacy policy

 

Who we are ?

The address of our website is as follows : https://bloosh.app.

PREAMBLE

  1. These terms and conditions constitute a legally binding agreement (the « Agreement ») between you and BLOOSH (as defined below) that governs your access to the BLOOSH Site and your use of this Site, including its subdomains and all other sites through which BLOOSH provides the BLOOSH services (collectively, the « Site »), our mobile, tablet and smartphone applications and the application program interfaces (collectively, the « Applications »), as well as all associated services (collectively, the « BLOOSH Services »).

The manner in which we collect and utilize personal data in connection with your access to the platform and applications and your use of the platform and applications is described in our Privacy Policy. [insert hypertext link]

By using or downloading the application from the Apple App Store or Googleplay you agree to the End-User License Agreement (EULA) for the Apple + Licensed Application and the Googleplay Terms of Service. Parts of the BLOOSH platform and applications use Google Maps / Google Earth mapping services, including Google Maps APIs. Your use of Google Maps / Earth is subject to the Google Maps / Google Earth Supplemental Terms and Conditions.

If you access and / or use the platform and / or applications you certify that you meet the required age restrictions. Every registered user must be at least 18 (eighteen) years old on the date of registration.

 BLOOSH may modify the Terms of Use at any time.

These modifications will be the subject of a particular mention within the platform.

You acknowledge and agree that your use of the platform or your access to it after the date of said modifications will imply your full acceptance of the GTC modified as such.

  1. DEFINITIONS

    Within these Terms, the terms and expressions listed below will have the following meanings:

    « Applications »: designates the free Android application available on an Android phone from the Google Play Store, and the optimized application for iPhone and iPad downloadable from the Apple App Store for free on an iPhone or iPad with a minimum of, the iOS 8 version for iPhone and iPad, allowing users and advertisers to access the BLOOSH service as defined in Article 1 of these Terms.

    « Bloosh » is the name of the platform and mobile application published and developed by the company BLOOSH SAS registered at the RCS of Paris under number [] whose registered office is at 21 rue Duhesme 75018 Paris.

    « GTC » means the general terms and conditions of use, applicable to any use of the platform by users, whether for free or paid.

    « Order » refers to the action of a « guest », to select an event to participate for free or paid.

« Comment » designates the notation of the guest’s impression of the event proposed by the organizer. The scoring criteria are specified in the description of the stages of operation of the site.

« Payment confirmation » is defined as the e-mail, the SMS or the payment confirmation warning message sent to the user via the platform.

« Contribution » is the price paid by the « guest » to the virtual account of the « organizer » in exchange for participation in the event.

« User account » denotes the personal account created by the user after registering on the platform and necessary to access the services.

« Content » refers to the set of texts, images, sound, video belonging to the user and posted online by him/her on the platform.

« Deactivation » refers to blocking the features and restricting access to your user account.

« Personal data » denotes all identifying or identity-related information concerning the registered user that is voluntarily provided when opening a user account on the platform and / or those that will be collected as part of the access and / or user of the platform.

« Community space » means the discussion forums accessible on the platform through which registered users have the opportunity to express themselves and whose operation is based on the principle of mutual respect;
 
« Personal space » means the space from which the registered user has the ability to access and administer his user account accessible via the « connect », « my account ».

« Service fee » is the fee charged by BLOOSH to cover the operating costs of the platform. They are specified in the TOS and during transaction. The UGCs inform service fees for the purpose of transparency with the community in order to foster trust and exchanges.

« The invitee » means the person who has accepted these Terms of Use to open a personal virtual space and book online the events offered by the organizer free of charge or paying via the platform.

« The Organizer » means the person who has accepted these Terms to open a personal virtual space and offer free or paid via the events platform.

« Platform » means together the bloosh.com mobile website created and published by BLOOSH SAS and accessible at https://bloosh.app « and the mobile applications published by BLOOSH on which users may publish and / or access announcements of event organizers. It gives access to the personal virtual space of each BLOOSH service user. The platform is accessible by entering the identifier provided by the user when subscribing to the service and that the user is the only one to know. The platform is an open internet space for subscription subject to compliance with these Terms.

« Online payment service provider »: is a BLOOSH collaborative platform provider that has the necessary authorization to manage the financial flows via the platform. This provider specifies definitions and terms of payment by its own general conditions of use.

They are accessible on the site.

« Service » refers to the service provided by BLOOSH SAS on the platform that allows the users of the application or the site to propose the organization of various events and / or to participate in said events by reserving them online or on a mobile phone.

« Site » refers to the mobile website accessible at the following address: https://bloosh.app

« User » denotes any person using the Bloosh.com site or any of the services offered on it.

« Registered user » denotes any individual who has a user account.

TERMS OF SERVICE

3. DESCRIPTION OF THE SERVICE

The platform connects, through the exclusive means of the application site, non-professional persons, event organizers (the « organizers ») and attendees (« guests ») wishing to participate in an event organized by the organizer of their sole initiative and under their own sole responsibility.

The service offered by the platform is limited to facilitating the connection between organizers and guests, and at no time does the platform interfere in the relationship between the users, the determination of the service, the financial participation of users or the prices proposed.

As the BLOOSH platform provider, BLOOSH does not own, create, sell, resell, provide, control, manage, or offer any of the advertisements or services offered by its users. Users are solely responsible for their ads and services. When Members make or accept a reservation, they enter into a contract between themselves and the other party directly. BLOOSH is neither party to any contract between its users. BLOOSH does not act as a proxy for any user.

If you choose to use BLOOSH as an organizing user (as defined below), your relationship with BLOOSH is only that of an independent third party, not an employee, agent, member of a BLOOSH joint venture or associate for any reason whatsoever, and you act exclusively for your own account and for your benefit, and not for BLOOSH or for the benefit of BLOOSH. 

BLOOSH does not direct you or control you, and cannot be considered as directing or controlling you, either generally or in application of these conditions and in the context of services offered as an organizer. You acknowledge that you have full discretion to offer your services and to engage in other business activities or other employment.

  1. USERS

    The BLOOSH site is open to all and intended for the general public. However, any user who wishes to register and access services must be at least 18 years of age, and must have full legal capacity to contract and offer or benefit from the services in question. Any person incapacitated within the meaning of the Civil Code, cannot in any case propose or ask for a good or service on the site without acting under the responsibility of his (their) legal representative (s). Such legal representative (s) is (are) bound to adhere to and comply with these terms in full knowledge of the facts.

    Each user has access:

    To the geolocation service of the platform.
    To the consultation of the offers of events available on the site.
    To user comments.
    To the General conditions of use and legal notices.
    To the Charter of Personal Data Processing
    To Classification criteria and notices referenced on the site.
    To Frequently Asked Questions.

    In order to have additional features, users must create a user account.

    4.1 REGISTERED USERS

    Each user who has previously created a user account has access to the following additional features:

    A page of administration of his account (hereafter « personal space ») allowing him to modify his personal data, to access and to consult his detailed invoicing if necessary, to make contacts with other users.

    5. TERMS OF SUBSCRIPTION TO THE SERVICE AND TERMINATION OF THE CONTRACT

    5.1 REGISTRATION

    Registration for the service is necessary to benefit from all the features offered by BLOOSH.

    This registration involves the creation of a user account and the provision of personal data about you.

    You remain at all times free to modify the content of the personal data communicated on this occasion in accordance with the terms and conditions set out in Article 9 of these Terms.

    The registered user will not be able to create more than one user space and consequently more than one personal space.

    The registered user must go to the web page (www.bloosh.app) or the mobile application and make his registration electronically and then the information of the virtual card online or by using your account with certain third-party social networking services, such as Facebook or Google.

    The fields in this form condition access to the service.

    The registered user must provide all the information marked as mandatory.

    Incomplete registration will not be validated.

    The registered user certifies that all information entered is accurate, up-to-date and truthful and is not misleading.

    S/He undertakes to update this information in his personal space in case of modifications so that they always correspond to the aforementioned criteria.

    Upon validation of the form, the registered user will receive an e-mail, via the e-mail address indicated, inviting him to click on a link to confirm his registration.

From the BLOOSH homepage the registered user must then complete his profile to foster trust in the community by at least the required fields, with the possibility to complete his profile by the optional fields.

Access to your user account is done by entering your username and password, which you ensure alone confidentiality. The creation of your user account allows you to benefit from the personal space dedicated to the management of your account and whose access is exclusively reserved for you.

The use of the platform upon registration is valid for an indefinite period.

5.2 TERMINATION of the SERVICE

5.2.1 TERMINATION TO YOUR INITIATIVE

At any time, you have the option to terminate the use of the platform by disabling your user account through the link « deactivation » of your account accessible from your personal space.

Disabling your account (hereinafter « deactivation ») is a blocking of the editing and distribution features of your or your potential offers and / or your access to your user account.

5.2.2 TERMINATION OF THE BLOOSH INITIATIVE

BLOOSH reserves the right to terminate your use of the service at any time by email and with reasonable notice by deactivating your user account, without any right to compensation for your benefit.

BLOOSH reserves the right to suspend your account without notice in case of:

Serious or repeated violations of your legal or contractual obligations covered by cgu.
Requests from the competent national judicial or administrative authorities.

When deleting your user account, your personal data as defined in article 9 of these Terms will be permanently deleted from the BLOOSH servers.
    

5.3 USE OF SERVICES

5.3.1 CREATION OF ANNOUNCEMENTS BY THE ORGANIZER

To prepare an event announcement, the organizer will have to click on the tab « Publish your ad » [To be validated] and will first have to fill in the virtual form online, the fields of this form are necessary for the functioning of the service.

The organizer will also have to specify whether he proposes a free event or indicate the amount of the fixed paid contribution, if any.

After having filled these fields, the organizer can then click on « put on line / publish » his announcement. [To validate]

A publication request notification is then sent to the organizer.

5.3.2 CONSULTATION OF ANNOUNCEMENTS/ADS

The consultation of the available events is done directly from the home page of the site bloosh.com.

The user is offered the opportunity to view the event announcements according to his location through the geolocation system.

The criteria for displaying and referencing event announcements can be found on each page of the site under the « criteria for referencing ads » section.

The user’s acceptance of the geolocation feature of his browser / mobile device is necessary in order to fully benefit from the services offered by BLOOSH.

5.3.3 VALIDATION AND PUBLICATION OF THE ANNOUNCEMENT BY BLOOSH.

BLOOSH then agrees to publish the announcement of the organizer who makes the request in a timely manner.

If the advertisement complies with the BLOOSH Terms and Conditions as well as the publication criteria, namely the validity of the mandatory information, it obtains the authorization to be published and a confirmation email is sent to the organizer.

Then, the ad becomes directly available online on the BLOOSH platform.


5.3.4 USER COMMENTS.

Automatically, after participation in an event, the guest receives a notification in order to allow him to proceed to the notation, review and public comment section about the event attended.

He must give his rating by assigning one to five stars as well as writing a comment on the service provided.

The goal is to build collective trust by creating and nurturing the reputation of the BLOOSH community.

The ratings and comments reflect the individual opinion of the users and not that of BLOOSH. Ratings and comments are not verified by BLOOSH and may be unfounded or misleading.

As a platform user, you must exercise caution and sound judgment when leaving an assessment about another member.

Thus the following practices are prohibited:

Extortion extinguishment consisting in threatening an organizer to leave a negative or neutral evaluation, or a detailed bad evaluation in order to obtain benefits or by asking the guest to leave any specific evaluation.

Manipulation of evaluations by manipulating another Member’s detailed ratings by a series of negative ratings to lower the Member’s Rating Profile, offering to sell, buy, barter or give ratings .

Any breach of the valuation rules is likely to result in penalties, including but not limited to the suspension of the account.

You are informed that you can report any abuse by sending an email to contact@bloosh.com.

 

5.3.5 INFORMATION TRANSMITTED

The organizer will be informed via notification of the comment left by the guest and will be able to access his grade via an active link on his personal space.
 
Any information transmitted or disseminated by the guests on the platform will be considered as non-confidential, exploitable, accurate, lawful and should not harm the interests of third parties.

5.3.6 PRICE OF SERVICES

Events referenced on the platform are proposed by the organizer for free or against payment of a contribution.

The amount of the contribution is freely determined by the organizer.
 
It is paid to the organizer after charging service fees.

5.3.7 SERVICE EXPENSES

BLOOSH charges a service fee equal to the running costs of the platform.

The price of the commission collected is in euro and all taxes included (TTC). The amount of the commission is added to the price of the transaction paid by the beneficiary user.

The commission, the amount of which is described below, is applied during the settlement by the beneficiary user.

The amount of these fees are broken down as follows:

15% of the total transaction amount [TTC].

The billing of service charges is done at each transaction.

BLOOSH reserves the right to change this percentage, in reasonable proportions, at any time, however, it is specified that no change will be applicable to transactions in progress at the time of such change.

5.3.8 PAYMENT

 

The amounts for the contribution and service fees are managed exclusively by a manager of the Funds (the « Fund Manager »).
    
At the time of writing, this is Leetchi Corp. SA, 14 Rue Aldringen, L-1118 Luxembourg RCS B173459, operating the Mangopay sign, having declared that it is authorized to carry on business in France as an electronic money institution approved by the Financial Sector Supervisory Commission, 110 route d Arlon L-1150 Luxembourg, www.cssf.lu (the « Fund Manager »).

BLOOSH reserves the right to change, at any time and without notice, fund manager.

There is no agreement or counter-letter stipulating for BLOOSH compensation other than the percentage indicated above.

There is no form of association, law or fact between the Fund Manager and BLOOSH.

BLOOSH IS NOT RESPONSIBLE FOR, NOR GUARANTEES REPRESENTATION OF THE FUNDS. THE FUNDS ARE HELD AND MANAGED EXCLUSIVELY BY THE FUNDS MANAGER.

The online payment provider imposes the limits provided for in its Terms and Conditions of Use.

6. USE OF NON-PROFESSIONAL SERVICE

Members undertake to use the service only for linking, on a non-professional and non-commercial basis.

 BLOOSH cannot under any circumstances be held responsible for the professional or commercial use of the services offered by the Site.

The user is warned that the carrying out of transactions remunerated as usual is likely to constitute a professional activity and entail in particular the application of the law of the Consumption, the obligatory affiliation to a social security system, the payment of the land subscription and social security contributions. If necessary, the user must register with the Center of Formalities of Companies and competent bodies.
In case of doubt about his status, the user agrees to approach legal counsel to ensure full compliance with tax and social obligations in force. The responsibility of BLOOSH can not be engaged because of the non-respect of these by the user.

BLOOSH informs you that pretending to be an individual while you are a professional is liable to a criminal penalty in accordance with Article L132-2 of the Consumer Code.

 

7. TAXATION AND USER TAX RESPONSIBILITY

As part of its obligation of advice and transparency BLOOSH informs its users that they must respect the tax and social regulations and proceed to the declaration of their income with the tax and social administration.

BLOOSH is in no way a party to the transactions made, users are solely responsible for all taxes and fees resulting from the use of the platform and they agree to pay.

In accordance with the provisions of article 242 bis of the French General Tax Code, BLOOSH provides users with fair, transparent and transparent information about their tax and social obligations. On the other hand, BLOOSH sends their users an annual summary of the gross amount of the transactions they received through it. This summary is also sent by BLOOSH directly to the tax authorities each year before 31 January for the income collected by the user via the platform the previous year.

When payment is made offline directly between users, BLOOSH is only able to inform the beneficiary user of the amount indicated in the offer, without prejudice to the actual amount actually received by the beneficiary. To be declared officially to the tax authorities and, where applicable, to social organizations.

The details of your tax obligations and your applicable social obligations are accessible by clicking on the corresponding hypertext links:

 tax obligations: https://www.impots.gouv.fr/portail/node/10841
 social obligations: https://www.urssaf.fr/portail/home/espaces-dedies/activites-relevant-de-leconomie.html

 In case of doubt, users undertake to inform themselves with a third party about the tax aspects of the transactions in question, so as to comply with the law.

8. THE INTELLECTUAL PROPERTY OF BLOOSH

No intellectual property rights relating to the use of the platform or services provided by BLOOSH through its platform is transferred to users under these terms and conditions of use.

BLOOSH SAS is the owner of the BLOOSH trademark and holds exclusive rights to the trademark validly registered with the INPI Services.

Any total or partial reproduction, modification, imitation or use of these marks, illustrations, images and logotypes, videos, for any reason and on any medium whatsoever, without the express prior agreement of BLOOSH, is strictly prohibited. The same is true of any combination or conjunction with any other brand, symbol, logotype and more generally any distinctive sign intended to form a composite logo. The same applies to all patents, copyrights and designs, which are the property of BLOOSH.

The user undertakes not to infringe on the rights held by the company BLOOSH, in particular prohibiting any reproduction or adaptation of all or part of the intellectual and material elements of the Platform System and its accessories and whatsoever constitutes the support, current and future.

All the rights relating to the software of the BLOOSH SAS System are the full property of BLOOSH SAS. They are part of its manufacturing/trade secrets and confidential information regardless of whether certain components may or may not be protected in the current state of the legislation by an intellectual property right. The software of the BLOOSH SAS System and, where appropriate, their documentation are recognized by the user as a work of the mind that it itself and the members of its staff oblige to consider as such by forbidding themselves to copy them, to reproduce them, to translate them into any other language or language, to adapt them, to distribute them for free or for a fee, or to add to them any object that does not conform to their specifications.

Unless otherwise stated, the copyright arising from the BLOOSH site materials and each of the elements created for this site are the exclusive property of BLOOSH. The reproduction of the documents of the site is authorized for the exclusive purposes of information for a personal and private use. Any reproduction or representation, in whole or in part, for other purposes on any medium is strictly prohibited.

 

9. PERSONAL DATA

BLOOSH protects the privacy of its users by complying with the legislation in force and in particular the RGPD regulations.

BLOOSH has established a confidentiality charter available on each page of the site and which forms an integral part of the Contract.

You can consult the Charter and all of your rights relating to the processing of your personal data here [insert the hyperlink]

The website BLOOSH.com uses cookies to improve the user experience, facilitate navigation, and measure the attendance of our services. If you wish to know more about the use of cookies you can consult the link below [insert link to the article about cookies in the Privacy Charter].

10. USER OBLIGATIONS

Without prejudice to the other obligations provided herein, the user undertakes to respect the following obligations:

10.1 the user agrees, in his use of services, to respect the laws and regulations in force and not to infringe the rights of third parties or public order.

He is in particular solely responsible for the proper performance of all formalities including administrative, fiscal and / or social and all payments of contributions, taxes or levies of any kind incumbent upon him, if any, in relation to his use of services. The responsibility of BLOOSH SAS cannot be engaged in this respect.

10.2 the user acknowledges having read about the site characteristics and constraints, including technical, all services. He is solely responsible for his use of the services.

10.3 the user is informed and agrees that the implementation of the services requires that he be connected to the internet and that he accepts geolocation and that the quality of the services depends directly on this connection, for which he is solely responsible.

10.4 the user is also solely responsible for the relations he may establish with other users and the information he provides them as part of the services. It is up to him to exercise proper prudence and discernment in these relations and communications. The user agrees in addition, in its exchanges with other users, to respect the usual rules of politeness and courtesy.

10.5 the user agrees to make a strictly personal use of the services. He is therefore prohibited from assigning, granting or transferring all or part of his rights or obligations hereunder to any third party in any way whatsoever.

10.6 the user agrees to provide BLOOSH with all information necessary for the proper performance of the services. More generally, the user agrees to cooperate actively with BLOOSH for the proper execution of these.

10.7 the user is solely responsible for the contents of any kind (editorial, graphic, audiovisual or other, including the name and / or the image possibly selected by the user to identify it on the site) that he broadcasts as part of the services.

It guarantees to BLOOSH that it has all the rights and authorizations necessary for the diffusion of these contents.

It undertakes that said contents are lawful, do not infringe on public order, morality or the rights of third parties, do not infringe on any legislative or regulatory provisions and more generally, are in no way likely to play the civil or criminal liability of BLOOSH.

The user is forbidden to broadcast, the following in particular on the premise that this list is not exhaustive:

Pornographic, obscene, indecent, offensive or inappropriate material for a family audience; any content perceived as defamatory, abusive, violent, racist, xenophobic or revisionist.
Counterfeit content.
Contentious content in the image of a third party.
False or misleading content or offering or promoting illegal, fraudulent or deceptive activities.
Content that is harmful to third-party computer systems (such as viruses, worms, Trojan horses, etc.).
And more generally content that may infringe the rights of third parties or be prejudicial to third parties, in any manner and in any form whatsoever.

10.8 the user must take the necessary measures to safeguard by his own means the information of his personal space that he deems necessary, of which no copy will be provided.

10.9 the user is informed and accepts that the implementation of the services requires that he is connected to the internet and that the quality of the services depends directly on this connection, for which he is solely responsible.

 

11. USER’S WARRANTY

 

The user protects BLOOSH against any complaints, claims, actions and / or claims that BLOOSH may suffer as a result of the user’s breach of any of its obligations or warranties under these terms and conditions of use .

He undertakes to indemnify BLOOSH for any loss he or she may suffer and to pay him all costs, charges and / or convictions that he may have to bear as a result.
 

12. PROHIBITED BEHAVIORS

12.1 IT IS STRICTLY FORBIDDEN TO USE THE SERVICES FOR THE FOLLOWING PURPOSES

The performance of illegal, fraudulent or infringing activities or the rights of third parties.
Exercise an activity other than punctual, in the context of the direct needs and possibilities of the members of the network, and not maintain a regular and intensively practiced activity, likely to constitute an illegal practice, such as a concealed activity, a tax fraud, the illegal practice of a regulated profession, the offense of unlawful lending of labor or bargaining, etc. ;

Transmit by any means any content that is discourteous, misplaced, illegal, harmful, threatening, abusive, harassing, defamatory, insulting, vulgar, obscene, threatening, hateful, racist, intrusive to the privacy of others or otherwise objectionable;

Transmit by any means any content that could be constitutive, without the following being restrictive, incitement to the realization of crimes and offenses; incitement to discrimination, hatred of a person or group of persons, in particular because of their origin, whether or not they belong to a particular ethnic group, nation, race or religion or to apology for war crimes or crimes against humanity contrary to public order or morality; incitement to abuse and / or the attack of individuals or animals; false information or lies; undermining the authority of justice or institutions; information relating to adoption, ongoing trial, suicide or an individual tax situation; remarks encouraging suicide or the carrying out of violent actions against the user himself or others; or acts endangering people including the manufacture, transport, and dissemination of violent or pornographic messages or likely to seriously undermine human dignity …;

Forging headers or otherwise manipulating the identifier in order to disguise the origin of the content transmitted via the service;

Download, display, or transmission of by any means any content that infringes any patent, trademark, trade secret, intellectual property right or any other proprietary right belonging to others, such as in particular the right to the image;

Download, post, transmission of by any means any unsolicited or unauthorized advertising or promotional material (including engaging in « spam », « junk mail », chain letters or any other form of solicitation);

Committal of acts that may affect the computer security of BLOOSH or other users such as hinder or disrupt the service, servers, networks connected, record or transmit files and data containing viruses or programs intended to overwrite data in memory or any other contaminating function or refuse to comply with the required conditions, procedures, general rules or regulations applicable to the networks connected to the service;

Violation, intentionally or unintentionally, of any applicable national or international law or regulation and any other rules having the force of law;

Accessing third-party accounts and accessing parts of the site whose access is reserved;

Harassing in any way one or more users;

Collection and storage of personal data relating to other users;

Breach of public order or violation of laws and regulations in force;

Intrusion into the computer system of a third party or any activity likely or intended to harm;

Control of, interference with, or interception of all or part of a third party’s computer system, violating its integrity or security;

The sending of unsolicited emails and / or prospecting or commercial solicitation;

Manipulations intended to improve the referencing of a third-party site;

The assistance or inducement, in any form or manner, to one or more of the acts and activities described above;

And more generally any practice diverting services for purposes other than those for which they were designed.

 

12.2  ALSO STRICTLY PROHIBITED

(i) any behavior likely to interrupt, suspend, slow down or prevent the continuity of BLOOSH services, (ii) any intrusions or attempted intrusions into BLOOSH systems (iii) any diversions of system resources from the site, (iv) any actions likely to impose a disproportionate burden on the infrastructure of the latter, (v) any breaches of the security and authentication measures, (vi) any acts likely to affect the financial, commercial or moral rights and interests of BLOOSH or users of its site, and finally more generally (vii) any breach of these terms and conditions.

It is strictly forbidden to monetize, sell or concede all or part of the access to the services or the site, as well as the information which is hosted and / or shared

12.3 WARNING

In accordance with our obligation of transparency and information we invite you to read the regulations, whether tax, administrative, or whatever else, which could apply to you in that case that you are an organizer or a guest.

You must agree to serve alcoholic beverages during a BLOOSH event only in accordance with the applicable regulations. Alcohol abuse is dangerous for your health. Liquor stores are subject to special regulations, the contravention of which may be subject to criminal penalties.

You must agree to read the Intellectual Property Code (hereinafter referred to as the « CPI ») which confers in France a patrimonial right to the authors of musical works, that is to say a systematic remuneration resulting from the exploitation of their works. With regard to musical works, SACEM is competent. However, the IPC has introduced copyright exceptions where copyright fees are not owed by users of works. The text thus provides for three criteria with this exception: representation within the framework of the family circle (family and friends), free representation (a contribution to costs falls within this framework of free education), and the private nature of the representation (the selection of guests and the fact that not everyone can access events confers this privacy). A musical event must be the subject of a prior declaration by the client to SACEM, as organizer of the Event. Any violation of the SACEM regulations will be attributable to the organizer of the Event.

You must also respect the rules of the co-ownership in which the event takes place and respect all the measures relating to health and safety.

If in doubt about the extent of your obligations we invite you to seek advice from a legal specialist.

 

13. SANCTIONS OF BREACHES TO GTC

In case of breach of any provision of these terms of use or more generally, violation of laws and regulations in force by a user, BLOOSH reserves the right to take any appropriate action and in particular
from:

(i) Suspend or terminate access to, or participation in, the services of the user, author of the breach or offense.
(ii) Delete any content posted on the site.
(iii) Publish on the site any information message that BLOOSH deems useful.
(iv) Notify any relevant authority.
(v) Engage in any appropriate legal action.

 14. YOUR RESPONSIBILITY FOR YOUR REMARKS/COMMUNICATIONS

BLOOSH offers you the opportunity to express yourself through discussion forums (hereafter “community spaces”) accessible on the platform and whose operation is based on the principle of mutual respect.

Participation in community spaces requires the prior creation of a user account.

You are solely responsible for what you say about the community spaces, BLOOSH being neither the author nor the publisher of these words, it is not required to control and monitor, in accordance with the provisions of Article 6.I.2 of the Law for Confidence in the Digital Economy of 21 June 2004.

In this regard, you agree to comply with the rules of good conduct in force on the Internet and to remove any content disseminated by you and / or any comment made by a third party to your blog that would infringe the rights of third parties.

BLOOSH also reserves the right to proceed directly, and without having to inform you in advance, to the deletion of any editorial content and / or any comment broadcast by you on the spaces of expression and which would, without limitation, be of a nature racist, anti-Semitic, denialist, pornographic, violent, homophobic, xenophobic or offensive to morality.

BLOOSH also reserves the right to suspend or delete your user account, or even permanently prohibit you from creating a user account, by any means whatsoever, in the event that the comments you would make in community spaces would be deemed in any way contrary to the laws and regulations in force.

15. LIABILITY AND GUARANTEE OF BLOOSH

15.1 BLOOSH undertakes to provide the services diligently and according to the rules of the art, being specified that it weighs on it an obligation of means, to the exclusion of any obligation of result, which the users recognize and accept specifically.

15.2 BLOOSH is not aware of the content placed online by the users within the framework of the services, of which it does not carry out any moderation, selection, verification or control of any kind and for which it intervenes only as a hosting provider.

Consequently, BLOOSH cannot be held responsible for the contents, whose authors are third parties, or any possible claim to be directed in the first place to the author of the contents in question.

Content deemed harmful to a third party should be transmitted immediately to BLOOSH in the manner provided for in Article 6 I 5 of Law No. 2004-575 of 21 June 2004 on Confidence in the Digital Economy, BLOOSH reserving the right to take the measures described in Article 12.

15.3 BLOOSH undertakes to carry out regular checks to verify the functioning and accessibility of the site. As such, BLOOSH reserves the right to temporarily interrupt access to the site for maintenance reasons. Likewise, BLOOSH can not be held responsible for the temporary difficulties or impossibilities of access to the site resulting from external circumstances, force majeure, or due to disruption of telecommunication networks.

15.4 In any event, the liability that may be incurred by BLOOSH hereunder is expressly limited to proven direct damage to the user.

BLOOSH undertakes to limit this type of interruptions to the strict minimum.

BLOOSH can not be held liable to the user for any errors, omissions, interruptions or delays of operations carried out via the site resulting from unauthorized access to the latter.

BLOOSH can not be held responsible for theft, destruction or unauthorized communication of data resulting from unauthorized access to the site.

In addition, BLOOSH remains a third party to the existing legal relationship between users.

BLOOSH does not intervene in any way in the legal and commercial relations and the possible disputes between the users.

BLOOSH has no control over such compliance, security, lawfulness, features, and app characteristics.

 

16. PROTESTS

16.1 PROTESTS

Complaints (disputes, rights of opposition, access and rectification, etc.) may be exercised free of charge on request addressed to BLOOSH by email: contact@bloosh.app.

16.2 PROOF

Communications via e-mail and via the community platform are valid modes of communication as proof by the user and the BLOOSH company. All information stored in BLOOSH System’s computer databases relating to instructions and confirmations received by the registered user to the notifications sent by the latter have, until proven otherwise, the same probative force as in writing, both in terms of their content and the date and time they were made and / or received. These unalterable, safe and reliable traces are engraved and preserved in the computer systems of BLOOSH. BLOOSH’s documents reproducing this information, as well as copies or reproductions of documents produced by BLOOSH have the same probative value as the original, until proven otherwise.

17. RIGHT TO WITHDRAWAL

Bearing in mind that the user’s registration consists of BLOOSH’s provision of information, sharing and matching services, and that BLOOSH instantly begins the execution of its matching service transaction before the expiry of a period of 14 (fourteen) days following the confirmation of registration, the user is informed of the exclusion of the right of withdrawal  in accordance with the provisions outlined in the Consumer Code.

Users are also informed of the exclusion of the right to withdrawal regarding transactions or contracts between users when both parties have the status of individual.


18. DIVISIBILITY

    

In the event that one of the provisions of these Terms will be declared invalid or unenforceable for any reason whatsoever, the other provisions will remain applicable without change.

19. APPLICABLE LAW

Subject to mandatory legal provisions to the contrary, both the platform and the terms and conditions of its use are governed by French law, regardless of the place of use. In case of any dispute, and after the failure of any attempt to find an amicable solution, the French courts will be competent to hear this dispute.

20. LITIGATION

Any disputes that may arise between a user and BLOOSH during the interpretation and / or execution of these conditions will be subject, in the absence of amicable agreement, to the exclusive jurisdiction of the courts according to the rules. jurisdictional powers in force, i.e. the user’s place of residence for a non-professional. 

AS SUCH THIS REGARDS DISPUTES WHICH MAY ARISE BETWEEN USERS IN CONNECTION WITH THE INTERPRETATION AND / OR EXECUTION OF THESE TERMS IN THE CONTEXT OF THE EXECUTION OF A TRANSACTION BETWEEN THEM, THEY WILL BE SUBMITTED, IN FAILURE TO PROCURE AN AMICABLE AGREEMENT, TO THE EXCLUSIVE JURISDICTION OR THE JURISDICTIONS IN ACCORDANCE WITH THE LEGAL RULES OF JURISDICTION, IN VIGUEUR, THAT IS THE PLACE OF THE HOME OF THE BENEFICIARY USER OR THE PLACE OF PERFORMANCE OF THE TRANSACTION. IN ACCORDANCE WITH ARTICLE L. 612-1 OF THE CONSUMER CODE, THE USER IS INFORMED THAT HE IS ENTITLED TO RECOURCE A CONSUMER MEDIATOR FREE OF CHARGE FOR THE AMICABLE RESOLUTION OF THE DISPUTE WHICH OPPOSES IT TO BLOOSH . 

FOR MORE INFORMATION: HTTPS://WWW.ECONOMIE.GOUV.FR/MEDIATION-CONSO