General Terms and Conditions of Use
The www.allmychefs.com website is published by WEBEDIA, a company governed by a Board of Directors with a capital of € 382,881, registered in the Commercial and Company Register under the number 501 106 520 and, whose head office is situated at 2, rue Paul Vaillant Couturier - CS 60102 - 92532 Levallois-Perret Cedex
VAT number: FR89501106520
Managing editor: C.Lagayette
The www.allmychefs.com website is registered with the CNIL (French data protection authority) under the declaration n°1770330.
Site creation date: 05/06/2014
ARTICLE 1 - DEFINITIONS AND PRESENTATION OF SERVICES
1.1 As part of these General Terms and Conditions of Use (hereinafter referred to as the "GTCU"), the following terms are associated with the following definitions:
Account: refers to the Site’s personal space accessible by the Visitor only after registration, using his/her user name and access codes and where he/she can place orders, have access to his/her data (orders, invoices, purchase history, order follow-up, etc.) as well as the community Space.
Cookie: refers to a tracer/text file, which has been stored and read on the Visitor's hard drive by the Site’s server during a visit. The Cookies used on the Site do not allow the visitor's direct identification but facilitate and accelerate the Customer's access to the Site by allowing their automatic recognition, as well as allowing for measurement of traffic on the pages of the Site. Cookies are also needed to identify the services and topics that the Customer has visited and, more generally, his/her behaviour with regard to visits (browser language, dates and hours of visits, history, content of orders, etc.). This information is useful for the purpose of customization of services, content, promotional offers and banners which appear on the Site. The management of Cookies will be addressed in a specific article of the GTCU (Article 8).
Personal data: refers to the information communicated by the Visitor and/or collected by the Site, regardless of its nature, and which allows the direct or indirect identification of people. This concept covers the "nominative data" the Visitor sends, notably upon registration (first/last name, address, email address etc.) and the "electronic identification data", which refers to the information created or calculated from the Visitor's computer during his/her visits and which does not allow the Visitor's direct identification.
Parties: refers collectively to the Customer and WEBEDIA; each of these parties may be individually referred to as a "Party".
Profile: refers to the information provided by the Visitor upon registration and creation of his/her account. The communication of these personal data allows the Visitor to place orders as well as access to his/her data (orders, invoices, purchase history etc.).
Site: refers to the free portion of the site available to everyone or the pages available only to "REGISTERED USERS" (Community Space) and "SUBSCRIBERS" of WEBEDIA’s Site available at www.allmychefs.com
Visitor: refers to the web user visiting the Site, whether for simple visits or as part of the "SUBSCRIBER" or "REGISTERED USER" package within the scope of these General terms and Conditions of Use.
1.2 The ambition of the Site www.allmychefs.com is to build the most comprehensive culinary database on the web. The Site offers four types of packages:
- A "VISITOR" package: refers to a free package, available to everyone. With this, it is possible to access ingredient & utensil pages, top spots and the "gourmet recipes" from the community.
- A "REGISTERED" package: refers to a free package, allowing any Visitor to create a Member Account to propose his/her recipes, create his/her menus, add items to his/her favourites and receive the Site's newsletter; the "REGISTERED" member may also benefit from all the services available in the "VISITOR" package.
- A "SUBSCRIBER" package: this paid subscription of variable duration allows access to detailed and illustrated Chef's recipes, video recipes and the full content of the Site; it also allows access to the features of the "REGISTERED USER" package.
- A service allowing the Visitor to pay to access a live Master Class, and to buy items from the online shop.
For more information regarding the nature and content of these products and services, the Visitor is encouraged to refer to the Site's FAQ section.
ARTICLE 2 - ACCEPTANCE OF GTCU
2.1 These General Terms and Conditions of Use of the Site (hereinafter referred to as "the GTCU") lay down the rules of use and access of the Site for all Visitors, including "REGISTERED USERS" and SUBSCRIBERS". The Visitor is encouraged to read them carefully and keep a copy in his/her archives.
2.2 Access to the Site and its services is strictly subject to the full acceptance of these GTCU. As soon as the Visitor logs into the Site, he/she undertakes to carefully comply with each of the provisions, including during free visits. In case of refusal, the Visitor must cease to use the Site's services.
The applicable GTCU are those in effect upon log-in and use of the Site by the Visitor.
The Visitor expressly declares that he/she is legally fit to accept these GTCU. In the case of minors, he/she clearly states that he/she has the legal authorisation of his/her parents or legal guardian to accept these GTCU.
2.3 The GTCU may be modified, amended and updated, at any time, including for the purpose of ensuring compliance with possible regulatory and legal changes. Any modification shall enter into effect as soon as it is online. Therefore, the Visitor is encouraged to read and refer to the latest version of the GTCU available on each of the Site's pages, using the following link: General Terms and Conditions of Use.
2.4 Failure to temporarily comply with one or more provisions of these GTCU shall, in no case, mean that WEBEDIA waives its right to enforce any of these provisions. Were one or more of the provisions of these GTCU to be declared void or unenforceable by law, regulation or a final court decision, the other provisions would retain their full force and scope and would continue to fully apply.
ARTICLE 3 - ACCESS AND USE OF THE SITE – LIMITATION OF SITE LIABILITY
3.1 WEBEDIA shall use its best efforts to secure the access, consultation and use of the Site, to ensure its adequate access 24 hours a day and 7 days a week within the limit of these GTCU.
By way of derogation, WEBEDIA reserves the right to carry out, without notice, the necessary maintenance operations for the proper functioning of the community Space, in order to make the changes and improvements required by technical developments or continuity of services.
The Visitor is informed that WEBEDIA reserves the right, without providing compensation, to suspend or discontinue the Site. Should this happen, the Visitor will be informed within a reasonable period of time via notification posted on the Site.
3.2 IT and digital equipment allowing the access to the Site are under the sole responsibility of the Visitor, as are the telecommunication expenses related to their use. The Visitor is encouraged to ensure that the technical specifications of his/her equipment and computer hardware allow the consultation of the Site.
WEBEDIA will not be held liable for any internet constraints or limitations (technical performance, response time, data query or transfer; risk inherent to communications security, etc.). The Visitor is solely responsible for any damage incurred and/or loss of data resulting from the downloading of material (during the Site use or in any other form whatsoever) or during the Site visit. It is his/her responsibility to use adequate measures to protect his/her data, software, IT and digital equipment against any form of intrusion and/or infection by computer virus.
The Visitor is informed that the use of a proxy may prevent the proper functioning of the Site's services. Therefore, the Visitor should uninstall such a proxy.
3.3 WEBEDIA will not be held responsible in the event of force majeure or unforeseeable circumstances or in case of unpredictable and unstoppable events (strike, fire, catastrophe, internal or external server failure, cyber-attack, etc.).
3.4 The Visitor shall not hold the Site liable for any behaviour he/she may adopt after a visit, including as part of the preparation of a recipe proposed by the Site. It is recalled that the Site does not in any way guarantee the results of online recipes, which are implemented by the Visitor under his/her sole responsibility. The Visitor should also refer to Article 6.2 of the GTCU.
ARTICLE 4 – RESPONSIBILITY OF THE VISITOR
4.1 The Visitor has sole responsibility for his/her use of the Site. He/she expressly acknowledges that his/her use of the Site is under his/her sole responsibility and the Site is accessible "as is" and subject to availability.
Any Visitor accessing the Site undertakes to adopt normal and reasonable behaviour and should not hinder, in any way, the proper functioning of the Site. He/she specifically agrees not to undertake any action likely to disrupt, slow down, block or alter the normal flow of data exchanged through the use of the Site and/or disturb the normal operations of the Site.
The Visitor also undertakes not to fraudulently access, maintain, prevent or disrupt the systems for accessing the Site and not to bypass, deactivate or disrupt the security systems of the Site. He/she undertakes neither to collect nor to compile personal data relating to the other visitors of the Site.
The violation of the provisions of this Article will trigger the civil and criminal liability of the perpetrator and his/her accomplices, in accordance with statutory regulations.
4.2 The Visitor agrees to take full responsibility for any claim, action or appeal and, more generally, any procedure (judicial or otherwise) brought by a third party against the Site as a result of his/her use of the Site, including in the event of third party rights infringement (intellectual property rights, personality rights etc.) and in the event of the actions stated in Article 4.1 of these GTCU.
4.3 Some interactive services of the Site require an access code and a password. It is recalled that these access codes and passwords are strictly personal and confidential. The Member is responsible for their safekeeping. Therefore, he/she cannot disclose them to any third party in any format whatsoever and he/she is informed that their communication is made under his/her sole responsibility.
To create an Account and a Profile, minors must obtain the prior authorization of their parents or legal guardian. We therefore invite the parents/legal guardian to ensure that minors do not fill out the forms with personal data, or that they fill them out only under their monitoring.
ARTICLE 5 – INTELLECTUAL PROPERTY AND THIRD PARTY RIGHTS
5.1 It is expressly recalled that the Site and the online information are for strictly private and non-commercial use. All other uses of the Site (including for commercial, advertising or marketing purposes) must have been expressly and previously authorised in writing by WEBEDIA.
5.2 It is recalled that all visuals, illustrations, drawings, graphics, images, photographs, videos, audiovisual combinations, texts, comments, musical works, photographic or video recordings, animations, etc. reproduced on the Site are subject to copyright held by the database producers as defined in Article L.341-1 of the Intellectual property code and other international intellectual property laws and WEBEDIA and/or its licensors are holders of all the copyrights relating thereto. In particular, WEBEDIA owns the rights to the Site’s graphic charter, the ALL MY CHEFS brand, the domain name www.allmychefs.com and the Site’s logo.
Consequently, any reproduction, representation, transmission and distribution, total or partial, of the Site and the elements mentioned in the previous paragraph, are strictly for private use. Any breach of this rule may trigger the civil and criminal liability of its perpetrator under the provisions of the Intellectual property code and/or unfair competition and parasitism (see Annex A). WEBEDIA reserves the right to bring proceedings before the competent jurisdiction in case of unauthorised use and/or exploitation of the Site's elements.
Generally and in a non-exhaustive manner, the Visitor undertakes:
- To use and download the information and elements on the Site for a strictly personal and non-commercial use and for a limited period;
- Not to reproduce, represent, modify, alter, move or extract, directly or indirectly, using any medium whatsoever, by any means and in any form, all or part of the elements of the Site stipulated in the first paragraph of this Article. He/she also undertakes not to create any archive files from the Site;
- Not to extract or reuse, by transfer of all or a qualitatively or quantitatively substantial part of the Site content (database) to another medium by any means and in any form whatsoever; not to repeatedly and systematically extract or reuse qualitatively or quantitatively non-substantial parts of the Site, when these operations clearly exceed normal conditions of use;
- To inform WEBEDIA as soon as he/she is aware of an act of piracy and specifically any misuse or non-contractual use of all or part of the Site, in violation of its rights (copyright, trademark rights etc.) or the rights of its licensors, regardless of the delivery method used.
5.3 Any Visitor, having knowledge of comments and/or content contrary to the laws and regulations in force and/or comments and/or content infringing the rights of third parties (intellectual property rights, personality rights etc. ) is invited to notify the Site as soon as possible, at the following address: email@example.com. This link can be accessed on all pages with content published by "REGISTERED" or "SUBSCRIBER" Members.
In accordance with the provisions of the law no. 2004-575 of 21 June 2004 with regard to the processing of personal data, WEBEDIA undertakes, as a precautionary measure, to act promptly to remove or disable these data as soon as it gains knowledge of them.
The Visitor is informed that anyone presenting content or an activity as being unlawful with the aim of obtaining its removal or preventing its publication while knowing this information to be inaccurate may be liable to one year of imprisonment and a fine of €15,000.
Pursuant to article 6.IV of the law n° 2004-575 of 21 June 2004, any person appointed or designated in publicly available communications services shall have a right of reply, in writing, without prejudice to requests for deletion or amendment of the message her/she may send to the appropriate department. An application for the exercise of the right of reply has to be sent by registered mail to the Head of publishing whose name and address are stipulated in the Legal Notices . The request, which must be duly substantiated, justified, and include the references of the message in dispute, should be sent within three months from the date the message was made available to the public. The terms and conditions of insertion of the answer are the same as those provided for in article 13 of the law of 29 July 1881.
ARTICLE 6 – VISITOR CONTRIBUTIONS TO THE COMMUNITY SPACE
6.1 As a "REGISTERED USER" or “SUBSCRIBER”, who has created an Account and filled out a Profile, the Visitor may discuss with other members in the Community Space, including to submit recipes and create his/her menus.
The terms and conditions of access to the Community Space as well as the regulations are stipulated in the Specific Terms and Conditions of Use, available below, expressly validated by the Visitor upon his/her registration. Any subsequent modifications of the Special Terms and Conditions of Use shall also be validated by the Visitor, before he/she can send any new contributions to the Community Space.
6.2 It is expressly recalled that, with regard to the Community Space, WEBEDIA operates exclusively as a host for content as defined in article 6-I-2 of law no. 2004-575 of 21 June 2004 with regard to the processing of personal data. As such, it has no general supervisory role for the Contributions submitted and/or disseminated in the Community Space, and it is not responsible for the accuracy, integrity and honesty of the information posted.
Photographs (including dishes and recipes) available on the Site (Community Space) are communicated for a purely illustrative purposes and WEBEDIA does not assume liability for this content.
The Site may also be required to collect the following personal data as part of the creation of an Account for a "REGISTERED USER", for a SUBSCRIPTION and registration for a Master Class, as well as the subscription to a newsletter: full name, surname, email address, contact information, title, preferences related to content provided on the Site. These personal data can then be sent to the companies responsible for the management, execution and handling of these services.
The personal data are collected and stored for visitor identification purposes and certification of his/her sessions to enable him/her to access certain services for which these data are required (customer Space, Profile etc.).
7.2 The attention of the Visitor is drawn to the fact that certain data can be used for commercial purposes in order to provide content and advertising in accordance with the specific interests of each Visitor. They may also be used to send the Visitor commercial information that he/she has agreed to receive and in order to carry out statistical studies on the use of the Site.
No personal data is collected without the knowledge of the Visitor and no data is sent to the Site’s partners without the express consent of the Visitor. For example, receiving offers from the Site’s partners is subject to the prior acceptance by the Visitor.
However, the attention of the Visitor is drawn to the fact that personal data collected and stored by the Site may be disclosed pursuant to an obligation imposed by an Act or Regulation and/or pursuant to a request from an authority (judicial or other) or a competent government agency, and in the context of judicial proceedings (including to enforce these GTCU).
7.3 WEBEDIA undertakes to take proven technical precautions in order to ensure the protection, security and integrity of the personal data it has collected, and to prevent their capture by non-authorised third parties.
7.4 Pursuant to Law No. 78-17 of 6 January 1978, all Visitors have a general right to access, rectify and delete their personal data that has been collected by the Site and can therefore ask that inaccurate, incomplete, misleading or outdated data be rectified, completed, updated, blocked or deleted.
The Visitor may freely exercise this right by sending a proof of identity by email to firstname.lastname@example.org.
Upon his/her registration, the Visitor may have agreed to receive offers from WEBEDIA as well as WEBEDIA's partners. Moreover, when the Visitor registered for the Site, he/she also agreed to receive the Site's newsletter. He/she can exercise at any time and for free his/her right of refusal to receive advertisements and/or the newsletter by unchecking the appropriate boxes under ACCOUNT SETTINGS.
The Visitor may, at any time, unsubscribe from the newsletter by clicking on the appropriate link at the bottom of each newsletter and following the instructions.
ARTICLE 8 – COOKIES
8.1 Pursuant to Directive 2002/58 / EC of 12 July 2002 amended by Directive 2009/136/EC of 25 November 2009 and Law No. 78-17 of 6 January 1978 (amended) relating to data, files and freedoms and in accordance with the recommendations of the CNIL under its Deliberation No. 2013-378 of 5 December 2013, it is stated that storage of information concerning the user's equipment or access to information already stored can only, in principle, be implemented by the Site with the prior consent of the user, regardless of whether the information thus stored and/or accessed is personal data.
To facilitate access to the Site and ensure its proper functioning, WEBEDIA recommends accepting the installation of cookies. However, WEBEDIA clearly states that the Visitor has the right to refuse the storage of these Cookies (Find out more) without affecting his/her access to the Site.
Under exceptional circumstances, the Site may store and/or read, without prior Visitor consent:
- Cookies exclusively intended to enable or facilitate electronic communication and cookies that are strictly necessary for the supply of a specific service requested by the Visitor ("shopping cart" Cookie "session IDs" Cookies authentication Cookies, etc.);
- Cookies to measure the Site's traffic under the terms and limits stipulated in the CNIL Deliberation n°2013-378, in order to detect potential browsing issues or to organise select content.
However, the user shall retain his/her right to block these cookies that measure the Site's traffic.: Find out more.
For more information regarding personal data and Cookies, the Visitor is encouraged to read the CNIL site.
ARTICLE 9 – EXTERNAL LINKS
The Site contains hypertext links allowing access to external websites.
The attention of the visitor is drawn to the fact that these sites are not published by WEBEDIA, therefore WEBEDIA shall not be held liable for the content published on these sites, unless it is able to exercise control over these sites' contents. Similarly, WEBEDIA cannot be held responsible for any collection or transmission of personal data, installation of cookies and other procedures implemented by such sites.
ARTICLE 10 – APPLICABLE LAW AND JURISDICTION
10.1 The Visitor may file complaints and disputes at the following address: email@example.com
10.2 These GTCU were drawn up in French, which is the language used by both Parties. Any translation provided is for the Visitor’s convenience, but only the French version shall prevail.
These GTCU are governed by French law.
In the event of a dispute, both Parties will work together in good faith to find an amicable solution before undertaking any legal proceedings. The Visitor is informed that he/she has the right to consider a conventional mediation procedure or any other alternative dispute settlement.
If the attempt at conciliation fails, any dispute in relation to these GTCU, their interpretation, validity and consequences, regardless of the geographical location of the Parties, will be submitted to the sole jurisdiction of the Parisian courts, including in case of multiple defendants or call for guarantee.
For information only
Article L.335-2 of the Intellectual property code
Any edition of writings, musical compositions, drawings, paintings or other printed or engraved production made in whole or in part regardless of the laws and regulations governing the ownership of authors shall constitute an infringement. Any infringement shall constitute an offence.
Infringement, in France, of works published in France or abroad shall be liable to a three-year imprisonment and a fine of €300,000.
The sale, exportation and importation of infringing works shall be subject to the same penalties.
Where offences provided for by this Article are committed by an organised criminal group, the penalties will be increased to five-year imprisonment and a fine of €500,000.
Article L.335-3 of the Intellectual property code
Any reproduction, performance or dissemination of a creative work, by any means whatsoever, in violation of the copyrights as defined and regulated by law shall also constitute an infringement.
The violation of any of the copyrights of software as defined in Article L122-6 shall also constitute an infringement.