BFINetwork, Bibi Fall (hereafter « BFINetwork »), a company under Swiss law located at Rue Liotard 8, 1202 Geneva, Switzerland operating the Web Site www.bfinetwork.com,
Hereafter called "BFINetwork",
On the one hand,
Hereinafter called, jointly or singly, « the Users » or « the Subscriber, »,
On the other hand.
Personal Account or BFIN Account: refers to the personal data concerning a User, including, in particular, the User's Identifiers, registration of which is required to access all the functionalities of bfinetwork.com and the Service(s).
refers to the information, data, text, software, music, sounds, photographs, images, videos, messages or any other items that are liable to be placed on line by a User and that are accessible by other Users and Visitors.
refers to the online registration procedure that the User must complete on bfinetwork.com in order to be able to access the Service(s). This Registration leads to the creation of the Identifiers and the User's Personal Account.
refers to one or all of the services provided by BFINetwork and that are accessible on line from the "bfinetwork.com" website.
refers to the website accessible at www.bfinetwork.com, which allows access to the Services that are subject to these GTU.
refers to the company that provides the Services.
refers to all individuals or legal entities that access the Service(s) to provide Content and/or that hold a Personal Account.
refers to any individual or legal entity that accesses the Service(s) for consultation purposes.
3. BFINetwork is free to amend these GTU and STU at any time, in particular in order to take into account any change in the law, case law, editorial position and/or technical matters. The applicable version is that accessible on line at the following URL: www.bfinetwork.com/conditions.html. The same applies for the STU that are accessible on line at the address of the Service concerned. All Users and Visitors are therefore required to refer to the version of the GTU and STU that is accessible on line on the date of access by Users and Visitors to any one of the Services whatsoever.
1.a For each online Registration, the User undertakes to provide true, accurate, up-to-date and complete information on the User's identity and age, as requested in the registration form for the Services. The User undertakes, in particular, not to create a false identity that is liable to mislead BFINetwork or third parties and the User undertakes not to usurp the identity of another legal entity or individual. The User undertakes to immediately update the data provided at the time of the User's online Registration, in the event of any change to such data.
1.b After validation of the GTU and the creation of the Personal Account (also referred to as the "BFIN Account"), Users receive an initial e-mail at their personal address, which confirms their identifiers (username and password). Users must then validate the Registration by clicking on, or copying into their navigator, the temporary, personal URL that will be attributed to them. Users can then identify themselves and have access to the administration/management interface for their Content. Following registration validation Users receive a second e-mail that confirms the opening of their Personal Account.
1.c In the event that a User provides false, inaccurate, out-of-date, incomplete, deceitful or misleading information, BFINetwork may immediately and without notice or indemnity suspend or terminate the User's Personal Account and temporarily or permanently refuse the User access to all or part of the Services.
1.a A User's Personal Account includes, in particular, the User's Identifiers, which are entrusted to the User by BFINetwork and placed under the User's exclusive responsibility. The User undertakes to ensure the confidentiality of the Identifiers and not to disclose them in any form whatsoever. If one of the components of a User's Identifier is lost or stolen, the User must without delay inform BFINetwork, which shall immediately cancel and/or update the Identifier concerned.
1.b Solely the User is liable for the use that is made of the User's Identifiers, even if the User has pre-registered his/her Identifier on his/her computer, mobile telephone or any other type of equipment that thus enables automatic connection to the Services.
1.c All access to and use of the Services and transmission of data from a User's Account shall be deemed to have been performed by the User. Users are exclusively liable for maintaining the confidentiality of the password entrusted to them. In this respect, Users are required to ensure, at the end of each session, that they have effectively disconnected from the Services, in particular when accessing the Services from a public computer.
1.d All losses, misappropriations or unauthorised uses of a User's Identifiers and the consequences thereof are the sole responsibility of said User. In all the cases mentioned above, the User is required to inform BFINetwork thereof without delay, by e-mail, specifying the User's family name, first names, postcode, town, date of birth, telephone number and, if possible username and old password.
1.e The validity period of a personal account is a three hundred sixty five (365) days starting from the date of the last access to the services by the holder of the personal account from this personal account or by all visitors. Beyond this time and without prejudice of the specifications of article IV.2.b the account may automatically be deleted without being able to claim compensation in this regard. The identifiers will then be able to be attributed to another User that would make a request without any recourse possible.
2.a The Services are provided by BFINetwork for an indefinite term.
2.b Users expressly acknowledge that BFINetwork has the right to terminate automatically all or part of the Services provided to them, without prior formal notice, other notice, indemnity or justification.
2.c If a User breaches these GTU, the STU for any one of the Services whatsoever or, in general, breaches the Swiss laws and regulations in force, BFINetwork may automatically terminate all or part of the Services provided to the User without prior formal notice, other notice or indemnity. BFINetwork may proceed with such termination without prejudice to any damages to which it may be entitled as a result of said breaches or to any penalties owed to it. The User therefore acknowledges that BFINetwork has the option of restricting the User's access to or use of all or part of the Services, or even of deleting the User's Personal Account, as well as any Content of which the User is the author, issuer or recipient, with immediate effect and prohibition on subsequent access to said Contents or Services.
5.1 The General sales conditions of Service are described in the following document : General Terms of sales.
1.a BFINetwork cannot be held liable for any use that is made of the Services by the Users. In particular, BFINetwork may under no circumstances be held liable in respect of the Contents posted, placed on line, sent, received or transmitted by the Users or that are present on Third Party Sites.
1.b The User acknowledges having been informed of and accepts the fact that BFINetwork may not, in any way, be held liable for the creation, amendment, deletion, failed receipt, issue, transmission or storage of Users' data, for which Users are solely and exclusively responsible. In the same way, the User acknowledges that BFINetwork remains free to change the name of its online Services at any time, without this constituting an amendment of these terms and without said change being able to grant entitlement to any remedy whatsoever by the User.
1.d All data, in particular all software, downloaded by the User, or obtained in any other way when using the Service, is downloaded or obtained at the User's risk and jeopardy. Users are exclusively responsible for any damage suffered by their computer or any loss of data following the downloading of said data or the consultation and use of the Services.
1.e No advice and information, whether oral or written, obtained by the User from BFINetwork or when using the Services is liable to carry guarantees that are not expressly provided for in these GTU.
1.f Users acknowledge that they use the Service at their risk and jeopardy. The Service is provided to them "as is" and is accessible with no guarantee of availability and regularity. BFINetwork shall make reasonable efforts to ensure the Services are accessible 24 hours a day, seven days a week, except in the event of force majeure or an event beyond BFINetwork's control and subject to maintenance periods, any breakdowns and unforeseen technical incidents linked to the nature of the internet network or malicious acts or any other attempt made against BFINetwork's hardware or software.
1.g BFINetwork may under no circumstances be held liable for the interruption of a Service, regardless of the cause, duration or frequency of said interruption.
1.h The transfer rates and the response times for the information that circulates from the BFINetwork platform towards the internet are not guaranteed by BFINetwork. Users acknowledge that the speed of information transmission does not depend on the Services offered by BFINetwork, but on characteristics that are inherent in electronic communications networks and the technical characteristics of the Users' connection (RTC, cable, ADSL etc) and internet access.
1.i BFINetwork does not provide any personal assistance or a hotline. Users may, however, send comments on the Services to BFINetwork using the form available on line, without this creating any obligation for BFINetwork to respond to or process the comments.
2.a This article only applies to BFINetwork Services and does not apply to the Third Party Sites for which BFINetwork asks Users to consult the applicable general and specific conditions in order to know the conditions concerning the collection and processing of personal data concerning them.
2.b BFINetwork respects fundamental freedoms and, in particular, Users' right of privacy.
2.c Each User is entitled to challenge, access and correct their data. Users may therefore request that information concerning them is corrected, completed, clarified, updated or deleted, if such information is inaccurate, incomplete, equivocal or out of date. Each User may exercise this right on line at any time on the "Edit my profile" page of the bfinetwork.com site.
2.d When a User's Personal Account is closed, regardless of the reason for closure, the data concerning said Account and in particular the traffic data, is deleted or made anonymous. However, operations to delete or make certain categories of data anonymous may be deferred for a maximum of one year with a view to ensuring the safety of BFINetwork facilities and for the purposes of the search for, identification and punishment of criminal offences, with the sole aim of making information available to the judicial authority if need be.
2.e For the purposes of Service invoicing and payment, the operations to delete or make certain categories of data anonymous may be deferred until the end of the period during which the invoice may be legally challenged or action taken to obtain payment thereof. BFINetwork may also use, keep and, where applicable, transmit certain categories of technical data to third parties that are directly concerned by invoicing and payment collection.
2.f BFINetwork may also process data on traffic with a view to marketing its Services or other services to the User.
2.h Users can deactivate cookies or delete them by using their navigator options. As each navigator is different, Users are requested to consult the help section of their navigator in order to choose suitable parameters. Users are informed that in order to benefit from the full functionalities of the Services, cookies need to be activated.
2.i An IP address is a unique series of figures that is automatically assigned by the Internet service provider to the User and the User's computer, which enables the User to be identified. The User's IP address is recorded and kept by BFINetwork when the User consults or uses the Services, for the management of its IT system and analysis and use of Services by linking the actions of the User to its Personal Account.
2.j At the request of the judicial authorities, BFINetwork may disclose the User's IP address so that the User can be identified with the cooperation of the User's Internet service provider.
3.a Users declare and acknowledge that they are aware that all the information, data, text, software, music, sounds, photographs, images, videos, messages or other contents or any other material (hereinabove and hereinafter jointly referred to as the "Content"), whether brought to the public's attention or transmitted privately, are the exclusive responsibility of the person who issued said Content. Users alone, and not BFINetwork, are fully liable for the Content they display, download, send or transmit in any way whatsoever via the Services. Except as otherwise provided for herein, BFINetwork does not exercise any control over the Content transmitted via the Services and therefore does not provide any guarantee as to the appropriateness, lawfulness, probity or quality of said Content. In any event, BFINetwork may under no circumstances be held liable for the Content, in particular the illegal nature of Content in light of the regulations in force, errors or omissions in any Content, or any loss or damage following use of any Content displayed, transmitted by instant message or processed in any other way using the Services. BFINetwork also informs Users of the risks run by them as a result of gaming activities performed in breach of the law.
3.b The User shall refrain from misuses including, without limitation, appropriating any Service for purposes of propaganda or proselytism, or using his Blog, Profile, or Chat discussions for professional or commercial ends (prospecting, soliciting or prostitution), the only exception being when BFINetwork proposes and authorizes its Users to add, via the settings options available in their personal spaces, Services that permit the sale of Contents and Services to Visitors.
In general, Users undertake to comply with all the laws and regulations in force concerning the prohibition on the dissemination of pornographic, paedophile or obscene images or images that are liable to seriously violate human dignity.
In the same way, Users are prohibited from harassing other Users by continuing to attempt or succeeding in communicating with any person who clearly requested that the User concerned cease communicating with them. Users are responsible for ensuring that their behaviour towards other Users is legal and complies with all applicable laws.
3.c In general, and without this list being exhaustive, Users are prohibited from:
downloading, sending, transmitting, transmitting by instant message, placing on line, posting by any means, any Content - including the username and any photos/images or personal video - that is illegal, harmful, threatening, violent, abusive, that constitutes harassment, or is defamatory, insulting, obscene, pornographic, threatening or a danger to the private life of another person or to human dignity, or that is hateful, racist or otherwise reprehensible;
posting, transmitting, promoting or facilitating the distribution of any Content that a reasonable person would deem illegal or objectionable (threatening, defamatory, vulgar, obscene, hateful, racist, etc.) or using hateful or vulgar language (even when concealed by symbols or other characters). A User who does not share an opinion may criticise the point of view, but not the person who expressed it;
harming minor Users in any way, in particular through the manufacture, channelling and sending of violent or pornographic messages or messages that are liable to seriously violate human dignity;
denigrating the other Users, making insulting or immoral statements;
downloading, sending, transmitting, posting or displaying any Content that could constitute, including but not limited to, suicide provocation, enticement to commit felonies or misdemeanours, provocation of discrimination, hatred or violence due to race, ethnicity, religion or nationality or that defends Nazism, challenges the existence of crimes against humanity or acknowledged genocide;
downloading, sending, transmitting, posting or displaying any Content that could constitute suborning of minors;
downloading, sending, transmitting, posting or displaying any Content that could constitute false information, undermine the authority of the courts or contain information on pending trials, an individual tax situation or adoption;
downloading, sending, transmitting, posting or displaying any Content that is intended to exhibit or sell prohibited objects and/or works;
disseminating polls and voting simulations concerning an election or referendum outside authorised conditions;
attempting to mislead other Users by usurping the name or corporate name of other persons or entities and, in particular, by pretending to be an employee, associate, partner or affiliate of BFINetwork of which it is part, a moderator or host;
pretending to be any person who they are not. Users must not pretend to be another User, a celebrity, or communicate using a false name, false capacity or username they are not authorised or empowered to use, or lie concerning their capacity of adult or minor;
forging letterheads or manipulating the Identifier in any other way in order to conceal or forge the origin of the Content transmitted via the Service;
downloading, sending, transmitting, posting or displaying any Content that the User is not entitled to disseminate under the laws and regulations, or a legal instrument or contract (in particular internal, privileged or confidential information learned or disclosed within the scope of an employment contract or confidentiality agreement: this list is not exhaustive);
downloading, sending, transmitting, posting or displaying any Content by any means that breaches any patent, trademark, manufacturing secret,copyright, intellectual property or any other proprietary right that belongs to another party;
downloading, sending, transmitting, posting or displaying, by any means, any data, information or advertising, whether commercial or not, any promotional material that was not first requested or authorised by the recipient(s) thereof and, in particular, spamming, mass mailing, passing on junk mail, chain letters or any other form of canvassing;
downloading, sending, transmitting, posting or displaying any Content by any means that includes but is not limited to IT viruses, or any other code, or software designed to hinder, forge, interrupt, destroy or limit the normal operating or functionalities of any software, computer, server, or electronic communications tool;
downloading, sending, transmitting, posting or displaying any Content that includes but is not limited to Trojan Horses, or any other code designed to intercept or divert data without authorisation, or take control, interrupt, destroy or limit the normal operating or functionalities of any software, computer, server, or electronic communications tool;
disturbing the normal flow of chats, increasing the scroll speed of the screen in such a way that Users of the Service find it impossible to follow and type their chat or take any other action that has a similar disruptive effect on the ability of Users to communicate in real time;/li>
disrupting or perturbing the Services, servers, networks connected to the Services, or refusing to comply with the required conditions, procedures, general rules or regulatory provisions that are applicable to the networks connected to the Services;
downloading, sending, transmitting, posting or displaying any Content by any means that includes virus, routines, scripts or programs that are liable to cause harm to persons or their property;
harassing, persecuting or troubling one or more other Users in any way whatsoever. This means that Users must not denigrate other people, or make personal attacks or attacks that are based on race, nationality, ethnic origin, religion, gender, sexual preference, handicaps or any other difference;
collecting and storing personal data concerning other Users or a thirdparty;
soliciting the exchange, sale or purchase of pornographic and/or illegal material, including photographs, films, videos and images, whether realistic or not: this list is not exhaustive;
referencing or giving access to sites that are in breach of these provisions.
3.e Users also declare and acknowledge that they must show discernment, and bear all the risks related to the use they make of the Content and in particular when they trust the appropriateness, usefulness and or complete nature of said Content. Therefore, the Users acknowledge that they cannot trust the Content created by BFINetwork or Content submitted to BFINetwork that is available in the Services.
3.f In the event of a breach by a User of one or more of these rules, BFINetwork reserves the right to block the Account(s) of the User concerned, to automatically delete the litigious messages or Contents, regardless of the nature thereof, to prevent the publication of all or part of the Profile of a User, and/or to block the User's access to all or part of the Services, either temporarily or definitively, without consideration or reimbursement and without prejudice to any remedies that are liable to implemented against the User concerned.
3.g Users are informed that the messages, data and information they can issue or receive through use of the Service are transmitted on the internet network. These messages are not protected and can be intercepted or attempts made to intercept them by unauthorised third parties who may consult the Content thereof. Therefore, BFINetwork warns Users that the disclosure of information such as bank card numbers, addresses, telephone numbers, email addresses and, in general, any data that is liable to be sensitive or confidential should be avoided. The same applies when this disclosure is requested by the person(s) with whom the User chats, even if the person(s) claim(s) (s)he/they are authorised by BFINetwork. In any event, such disclosure would be at the User's risk and jeopardy, without any possibility of triggering BFINetwork's liability. No BFINetwork representatives, employees or staff are authorised to request the following information from a User as part of the use of the Service: the User's family name, first name, address, credit card number or age.
3.h Solely Users are liable for the harm they may cause to another User or third party when using the Service.
3.i As consideration for the free nature of the Services offered to Users by BFINetwork, Users authorise BFINetwork to associate advertising or promotional messages such as text, images, video or sounds chosen by BFINetwork and that are in any format, with the Content the User posts on any one of the Services whatsoever. In general, Users accept that BFINetwork may use (and refer to) the Content posted by the User in order to ensure the promotion of its Services. Users may not, under any circumstances, claim any remuneration or compensation whatsoever in respect of this authorisation. If Users wish to withdraw this authorisation, it is up to them to close their Personal Account. Said withdrawal has no retroactive effect. Any advertising or promotional action that may have been undertaken by BFINetwork when the User closed his/her Personal Account shall continue for the full planned duration.
3.j As consideration for the use of the Services, Users grant BFINetwork, free of charge, a worldwide operating licence, for the distribution on any electronic communications network, in particular internet, of the Content it hosts, for as long as the Contents are posted on line by the User.
4.a BFINetwork grants the User, on a personal basis, the non-exclusive, non-assignable right to use the Services and software that may be associated therewith on a single compatible terminal (telephone or computer), it being specified that it is forbidden for the User (and that the User may not grant authorisation to another party) to copy, modify, create a derived work, reverse design or engineer or in another manner attempt to obtain the source code for the associated software (with the exception of the cases provided for by law), sell, grant, sub-license or transfer in any way whatsoever any right pertaining to the Services or associated software.
4.b Users undertake not to change the Services or associated software in any way or to use modified versions of the associated software and Services, in particular, but not limited to, with a view to obtaining unauthorised access to the Service(s). Users agree not to access the Service(s) by any means other than the interface provided to them by BFINetwork for this purpose.
4.c Users are informed and acknowledge that the Services and any software used in relation with the Services may contain confidential information or information that is protected by the intellectual property law in force or any other law. Users also acknowledge being aware that the content of the advertisements and information that are presented to them via the Services, or by advertisers, are protected by copyright, trademark law, patent law and all other laws recognised by the legislation in force. Users undertake not to modify, hire, borrow, sell or distribute this content or create derived works that incorporate all or part of said content, unless they have been granted BFINetwork's prior written authorisation.
4.d The Service contains text, images, sounds and videos, which are the exclusive property of BFINetwork. The Intellectual Property Items are placed at the disposal of the User, free of charge, solely for the use of the Service and within the scope of normal use of the Service's functionalities.
4.e This authorisation to use the Intellectual Property Items is personal, non-exclusive and non-assignable. BFINetwork may withdraw this authorisation to use the Intellectual Property Items at any time.
4.f It is forbidden for Users (and Users cannot grant authorisation to another party) to copy, modify, create a derived work, reverse design or engineer or in any other way attempt to find the source code (with the exception of the cases provided for by law), sell, grant, sub-license or transfer in any other way any right pertaining to the Intellectual Property Items. Users undertake not to modify the Intellectual Property Items in any way.
4.g In the event of non-compliant or wrongful use of the Intellectual Property Items, BFINetwork reserves the right to use all remedies in law to cause the infringement of its intellectual property rights to cease.
The web pages of the Services may contain hypertext links to other websites that are published by third parties (the "Third Party Sites") over which BFINetwork has no control of any kind. BFINetwork disclaims all liability for the content of Third Party Sites or the content that may be referenced by the Third Party Sites. The presence of hypertext links to Third Party Sites does not mean that BFINetwork approves the content of the Third Party Sites in any way. BFINetwork is not liable for any amendment or updating of Third Party Sites. BFINetwork is not liable for the transmission of information from Third Party Sites, or for the malfunction of said sites. These links to Third Party Sites are only offered to Users for their convenience. Users and/or Visitors are exclusively responsible for all transactions concluded with third parties, including the advertisers shown on the web pages of the Service, including operations involving the delivery and payment of goods and services.
BFINetwork may not be held liable, or deemed to have breached these conditions, due to any delay or non-performance, where the cause of the delay or non-performance is linked to an instance of force majeure, as defined by the case law precedent of the Swiss courts and tribunals, including, in particular, acts of state, attacks by IT hackers, the unavailability of hardware, supplies, parts, personal or other equipment and the interruption, suspension, decrease of or disturbances to electricity or otherwise or all interruptions of the electronic communications network.
7.a Users are required to inform BFINetwork of any change concerning their situation (in particular, change of address, hardware modification, etc.) BFINetwork cannot be held liable for the consequences that may be suffered by Users and/or third parties in the event that a User fails to inform BFINetwork of any change whatsoever.
7.b All claims and/or grievances by a User against BFINetwork must be made in writing to BFINetwork at the latest 15 (fifteen) days as from the triggering event, subject to preclusion.
7.c All notices sent pursuant hereto must be in writing and addressed to BFINetwork. Users must take care to retain any return receipts. These notices shall take effect as from the first business day following receipt by BFINetwork of the notice, unless there is a technical impossibility.
8.a The website "bfinetwork.com.com" is published by BFINetwork, registered with the Geneva Trade and Companies Registry under the number CH-660-0918003-7, for which the registered office is located at Rue Liotard 8, 1202 Geneva, Switzerland. You may contact us by e-mail at [email protected] or phone us at +41 78 323 84 60.
The fact that BFINetwork does not act on a default or shortcoming by a User with regard to any one of the User's contractual or legal obligations may not be construed as a waiver of the right to act on said default or shortcoming.
1- Given the nature of their exchanges and, in particular, the dematerialization of their relationship, the parties agree that all the IT records in BFINetwork's IT system shall, in the event of a dispute, be valid as proof.
These GTU and STU are governed by Swiss law.
THE GENEVA COURT HAS EXCLUSIVE JURISDICTION OVER ALL DISPUTES BETWEEN THE PARTIES CONCERNING, IN PARTICULAR, THE FORMATION, PERFORMANCE, CONSTRUCTION AND TERMINATION OR RESCISSION OF THESE GTU AND STU, INCLUDING FOR PROTECTIVE MEASURES, URGENT PROCEEDINGS, INTERIM PROCEEDINGS, JOINDERS, EX PARTE PROCEEDINGS OR MULTIPLE RESPONDENTS.