These Special Terms and Conditions of Use (hereinafter referred to as "the STCU") describe and organise the conditions under which the Visitors may participate in discussions relating to the services available on the Website www.allmychefs.com, as part of the "REGISTERED USER" package.
The STCU, which apply strictly to Visitors who have created a Member Account (hereinafter referred to as "the Member") supplement the General Terms and Conditions of Use (hereinafter referred to as "the GTCU) which set the general rules governing the use of www.allmychefs.com website for all visitors.
The Member shall expressly and unreservedly comply with these STCU as well as the GTCU (available here) upon each visit to one of the Community Spaces, irrespective of the nature of his/her intervention. This is why the Member should carefully read the STCU and the GTCU.
ARTICLE 1 - DEFINITIONS
Community Space: refers to the Site’s spaces available to Visitors once they have created a Member Account (as part of a free registration or a purchase) and where they may submit their Contributions and discuss with Members of the community.
Access Codes: refers to the user name and password that allow the Member to log in to the Site, and access his/her account. This user name and password are chosen and communicated to the Site by the Member when he/she opens his/her account.
Account: refers to the Personal Space of the Site available to the Member following registration and once he/she has filled out his/her Profile, which also allows him/her to access the Community Space. The creation of this account is also required to place orders online.
Contribution: refers to the information, in any form whatsoever (texts, photos, images videos, audiovisual or video combinations, data, hypertext links, etc.), posted by the Member in the Community Space (recipes, top spots, forum, etc.).
Parties: refers to all parties of the marketing agreement with regard to products and services offered by the Site, i.e. the Customer and WEBEDIA; each of these parties may be individually referred to as a a "PARTY".
Profile: refers to the information provided by the Customer upon registration and opening of his/her account (ID and access Codes).
Site: refers to the WEBEDIA website which is available at www.allmychefs.com
ARTICLE 2 - PRESENTATION OF THE COMMUNITY SPACE
2.1 The Site offers the Members a "REGISTERED USER" package, which allows them to create an Account, participate in the Community Space, send contributions, and discuss with other members as part of discussion spaces, including comments regarding recipes and addresses, discussions via chat or forum. As such, the Community of Members participates to the development, enrichment, and diversity of the Site. The quality of their interventions and Contributions is a guarantee of success and reputation of the Site (see the Contribution Charter for the Site).
Any visitor to the Site wishing to purchase services offered by the Site should also create an account, unless he/she already has one.
Access to the Community Space is free for all Members, subject to their registration and full observation of the GTCU and these STCU. As soon as the Account has been duly created, the Member has access to all the Services of the Community Space.
To create an account or fill out a profile, minors must obtain the prior authorization of their parents or legal guardian. We therefore encourage the parents/legal guardian to ensure that the minor does not fill out the forms with personal data, or that they fill them out only under their monitoring.
2.2 The member is informed that WEBEDIA reserves the possibility to carry out, without providing notice or compensation, 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. If necessary, these maintenance operations may entail the temporary suspension of access to the Site. WEBEDIA also reserves the right to develop the Community Space as it sees fit.
The Member is informed that WEBEDIA reserves the right to suspend or discontinue the Community Space and/or the Site, without providing compensation. If this should happen, the Member will be informed, within a reasonable period of time, via notification posted on the Site.
2.3 In exchange for the free services offered by the Site (Community Space, etc.), the Member expressly agrees that the contributions he/she voluntarily shares be associated with promotional advertising messages of all type (texts, videos, sounds etc.).
The attention of the Member is more particularly drawn to the fact that his/her contribution to the Site is free of charge and that he/she cannot claim any remuneration or fee with regard to income that may be generated through the dissemination of these advertisements.
ARTICLE 3 - REGISTRATION AND TERMINATION PROCEDURES
3.1 The participation in the Community Space is restricted to Visitors with an account. The creation of the Profile requires the communication of the following information:
- A user name: the Visitor undertakes not to choose a user name which could infringe on the rights of third parties, including name or brand;
- Last Name - First Name;
- Email: a valid address is required to activate the profile, any invalid email will entail the deletion of the profile;
- Password: for security reasons, it is recommended to choose a password that is sufficiently complex to thwart fraud;
- Photograph (optional): by adding a photograph to the Profile, the Visitor confirms his/her agreement to display it with his/her user name and that it will therefore be visible by other members of the community. The Visitor undertakes not to choose a photograph infringing on the rights of third parties;
- Postal address (optional).
The only information visible by the other members of the Community Space is the user name, with or without the Profile photograph, which allows for the identification of the Member while preserving his/her anonymity. The other information communicated upon registration is available only to the Community Space administrator.
At any time, the Member may change and update the information provided upon registration, by clicking on SETTINGS in his/her Account.
The attention of the Member is drawn to his/her obligation to communicate complete, accurate, and up-to-date information, subject to the sanctions provided for in Article 6.4.
3.2 The registration also requires the following specifications, by checking the appropriate box if applicable:
- "I agree to receive email offers from partners of All My Chefs"
- Finally, the Visitor must check the box "I have read and accepted the General Terms and Conditions of Use and the Special Terms and Conditions of Use of All My Chefs" and click on "Confirm".
The attention of the Visitor is drawn to the fact that the registration and account creation constitute acceptance to receive the Site's newsletter, although a right of refusal is still be available to him/her under the conditions set out in Article 8.3 of these STCU.
Once his/her registration is validated, the Visitor receives an electronic confirmation sent by the Site to the email address he/she has entered.
The Member is invited to keep this confirmation in his/her archives. The attention of the Member is drawn to the fact that this email could go to his/her spam folder and that the Site is not be held responsible in this event. In the event that the Customer does not receive an acknowledgement of receipt, he/she will be asked to contact the appropriate service of the Site at the following address: firstname.lastname@example.org
3.3 The Member has the possibility to complement and customize his/her profile at any time by adding Contributions (photographs, recipes, favourite spots, links to his/her social networks, etc.). Therefore, the other Members of the community Space can consult these elements of the Profile.
3.4 The Member may, at any time, close his/her account by sending an email to email@example.com. The contributions and comments made before the removal of the account will then become anonymous.
ARTICLE 4 - COMMUNITY SPACE MANAGEMENT
4.1 It is expressly recalled that WEBEDIA operates exclusively as a host with regard to the Community Space content as defined by article 6-I-2 of law no. 2004-575 of 21 June 2004 relating 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 is not responsible for the accuracy, integrity and honesty of the information posted.
The Site does not endorse any content. Under no circumstances whatsoever should the Site be held responsible for the Contributions posted by Members, unless advance notice has been provided (Article 4.3). In the event that WEBEDIA should face legal action because of one Member's Contribution, it reserves the right to call upon the Member as a guarantor.
4.2 The Site’s Community Space is moderated following the publication of Contributions. Each Member may therefore post his/her Contribution directly, without prior checking by WEBEDIA, and thus, under his/her sole responsibility.
A moderator may check the Contributions. The role of the moderator is to enhance the quality of the Contributions, editorial consistency, as well as conformation with the Site’s editorial policy. As such, Contributions may be modified (typography, syntax, spelling mistakes, photography etc.). For example, the title of a recipe may be modified to distinguish it from other Contributions with the same designation.
If the Member refuses the modification made to his/her Contribution by the moderator, he/she has the right to delete it.
The role of the moderator is also to ensure compliance with the Laws and Regulations. The moderator shall, at any time and without prior notice, simply delete any Contribution which content is likely to constitute a public defence of crimes against humanity, incitement to racial or ethnic hatred as well as child pornography and other offences stipulated in Article 6.2 of these STCU, or which is likely to infringe on the rights of third parties (Article 7). The moderator can also simply delete a content at the request of a judicial authority.
The Member has no automatic right of publication for his/her Contribution, and he/she is not eligible for any compensation of any kind, if his/her Contribution is deleted.
4.3 Any Member having knowledge of context and/or content contrary to the Laws and Regulations in force and/or infringing on 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: : firstname.lastname@example.org. This link is available on all the pages with content sent by "REGISTERED USERS" or 'SUBSCRIBERS".
As a safeguard measure and 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 Member is informed that anyone presenting content or an activity as being unlawful with the aim of obtaining its removal or preventing its broadcast whilst aware that this information is inaccurate may be liable to a one-year 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 request 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 is sent by registered mail to the Head of publishing whose name and address are stipulated in the Legal Notices (available here). 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 response are the same as those provided for in article 13 of the law of 29 July 1881.
The attention of the Member is also drawn to the fact that the moderator may send the information presented to the latter to the relevant authorities.
4.4 At any time, the Member may change and/or delete his/her Contribution(s). In the particular case of deletion of comments or in case of difficulty, the Member is invited to contact the relevant department of the Site at the following address: email@example.com
ARTICLE 5 – THE "ALL MY CHEFS" LABEL
In order to encourage the publication of recipes and reward the quality of the Members' culinary Contributions, the Site reserves the possibility to give the "All My Chefs" label to any Member whose Contribution is particularly interesting with regard to fine dining, culinary and artistic techniques, or any other qualification justifying its presentation on the site.
The purpose of this label is to promote recipes unique in terms of content and quality, and the Site’s editorial team decides upon its attribution. The only Contributions that may be eligible for this label are those Contributions consistent with the Site’s editorial and publishing requirements.
The attention of the Member is particularly drawn to the fact that eligibility for the "All My Chefs" label is not automatic.
ARTICLE 6 - OBLIGATIONS AND RESPONSIBILITIES OF THE MEMBERS
6.1 The Member undertakes to refrain from conducting any type of trade using his/her Contributions, including illicit advertising.
6.2 The Member takes full responsibility for the Contributions he/she writes and posts within the community Space. Intellectual property and third party rights are specifically addressed in Article 7 of this document.
The Member agrees that the content of his/her Contributions will abide by French law. Without this list being exhaustive, the member specifically agrees to the following: his/her Contributions should comply with public law and order and upstanding behavior; be appropriate for minors; not infringe on the privacy of third parties, the presumption of innocence or the respect and authority of justice; not contain derogatory, defamatory, insulting, humiliating or offensive words or images; not be of a pornographic or paedophile nature; not propose the sale, donation or exchange of stolen or misappropriated or fraudulently acquired property, breach of trust or any other criminal offence; not incite hatred, violence, suicide, racism, anti-Semitism, xenophobia, homophobia; not advocate war crimes or crimes against humanity; not encourage discrimination against a person or a group of people in particular because of political opinions, ethnicity, religion or sexual orientation. Persecution, threats and harassment will not be tolerated either.
The Member undertakes to refrain from including, in his/her Contributions, addresses, or hypertext links to external web sites that do not comply with French law, including with regard to the violations mentioned in the previous paragraph. The Site also reserves the right to delete, without prior notice, any content and/or hypertext link not relevant to the Site (including advertising links).
6.3 The Member undertakes to refrain from sending, to the Community Space, comments, which could directly or indirectly harm the Site and/or WEBEDIA and/or their reputation.
6.4 Without any prejudice to any compensation the Site may claim, it expressly reserves the right, but has no obligation, to exclude, temporarily or permanently, any Member in case of repeated breach of the provisions stipulated in Articles 6.1, 6.2 and 6.3 of this document and/or repeated violation of third party rights (intellectual property rights, personality rights etc.) mentioned in Article 7 of this document. Generally, if a Member repeatedly violates the provisions of the GTCU and of this document, he/she may be excluded, temporarily or permanently, from the Site. The Site reserves the right to remove the Member's Profile.
6.5 It is recalled that the password and access codes are strictly confidential. The Member is responsible for their safekeeping. Therefore, he/she cannot disclose them to third parties in any format whatsoever and he/she is informed that their communication is made under his/her sole responsibility.
Any connection to a member's Account shall be deemed to have been carried out by this Member. The Member is fully liable for any and all financial consequences arising from the use of the Site made on his/her behalf, as well as on the behalf of third parties and minors, unless he/she can demonstrate that the fraudulent use was not the result of his/her negligence or deliberate action. The Member is therefore invited to log out at the end of each session. The Site may not be held responsible, in any case, in the event of a fraudulent use committed using these access Codes.
In case of theft, loss and/or accidental disclosure of his/her access Codes or even in case of the fraudulent use of his/her Account, the Member undertakes to inform the Site as soon as possible at the following address: firstname.lastname@example.org. WEBEDIA will then cancel his/her codes and the member will be able to reset them.
To create an account and a profile, minors must obtain the prior authorization from their parents or legal guardian. The parents/legal guardian are thus solicited to ensure that the minor cannot fill out the forms with personal data, or that they can only fill them out under their monitoring.
ARTICLE 7 – INTELLECTUAL PROPERTY AND THIRD PARTY RIGHTS
7.1 It is recalled that the Contributions of the Members are published in the Community Space and are freely available without prior authorization to any Visitor, whether he/she is a registered user, subscriber, registered or simple viewer.
The Member expressly grants WEBEDIA all worldwide rights to reproduce, represent, publish, disseminate and create derivative works, using all current or future electronic and digital means and processes, on any medium and in any size, in whole or in part, of every contribution posted under the his/her user name in the Site’s community Space. This right shall remain valid for the duration of the protection of intellectual property rights according to French and foreign laws as well as current and future international conventions.
7.2 The Member expressly guarantees that the content of his/her Contributions belongs to him/her or is free of copyright, or that he/she has obtained the necessary permission to post them in accordance with the GTCU and STCU. He/she also guarantees that he/she is the holder of all the intellectual property rights (copyright, trademarks etc. ) for the texts, photographs, images, videos, audiovisual combinations, files, photographic or video records, data etc. that he/she published in the Community Space and that his/her Contributions do not infringe on any third parties intellectual property rights.
In general, the Member guarantees that the Contributions (texts, photographs, images, videos, audiovisual combinations, files, photographic or video records, data etc.) that he/she publishes in the Community Space do not infringe on third party rights, including image reproduction rights and the right to privacy.
7.3 The Member is solely responsible for his/her Contributions and is therefore responsible for any direct or indirect damage that they are likely to cause to WEBEDIA and/or third parties. The Member undertakes to assume full responsibility for any claim or complaint, any appeal and, more generally, any procedure (judicial or other) made by a third party against WEBEDIA in case of violation of third party rights as a result of his/her contributions to the Community Space, be they intellectual property rights (copyright, trademark right, etc.), breaches of privacy, violations of image reproduction rights, etc.
The Member undertakes to inform the Site immediately in case of any claim, complaint or recourse and, more generally, any procedure (judicial or other) against him/her due to the Contributions he/she posted in the community Space.
8.2 The Member is informed that a Cookie is stored on his/her personal computer to allow his/her identification every time he/she visits the Site. By storing this cookie, the Member does not have to re-enter the information.
The Member can prevent Cookies from being saved on his/her computer: see link here.
8.3 Pursuant to Law No. 78-17 of 6 January 1978, all Members have a general right to access, rectify and delete all personal data collected by the Site and can therefore ask that inaccurate, incomplete, misleading or outdated data be rectified, completed, updated, blocked or deleted.
The Member may freely exercise this right by sending a proof of identity to email@example.com
Upon his/her registration, the Member may have accepted to receive offers from WEBEDIA as well as WEBEDIA's partners. Moreover, in registering, the Member 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. The Member may exercise this right for free by checking the appropriate boxes in the ACCOUNT SETTINGS.
The Member may also unsubscribe, at any time, from the newsletter by clicking on the appropriate link at the bottom of each newsletter and by following the instructions.
ARTICLE 9 – CONTACT WITH THE ADMINISTRATOR
For any additional information or questions regarding the rules and functioning of the community Space, the Member may contact the Site Administrator at the following address firstname.lastname@example.org
ARTICLE 10 – APPLICABLE LAW AND JURISDICTION
These STCU were drawn up in French, which is the language used by both Parties. Any translation provided is for the Member's convenience, but only the French version shall prevail.
These STCU 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 Member 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 STCU, 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.