Terms of Use
THESE GENERAL TERMS OF USE, WHICH ARE GOVERNED BY FRENCH LAW, SET OUT THE TERMS AND CONDITIONS OF USE OF THE WEBSITE “ULULE.COM” (COLLECTIVELY, INCLUDING ALL CONTENT AND FUNCTIONALITY AVAILABLE THROUGH THE ULULE.COM WEBSITE, THE “WEBSITE”), PUBLISHED BY SEMIO, THE COMPANY EDITING ULULE. BY ACCESSING/VISITING OR USING THE WEBSITE IN ACCORDANCE WITH THE TERMS SET OUT BELOW (WHETHER YOU ARE A REGISTERED USER OR UNREGISTERED USER), EITHER AN INDIVIDUAL OR A SINGLE ENTITY ("YOU" OR "YOUR" AS APPLICABLE), YOU EXPRESSLY AND UNCONDITIONALLY AGREE TO THE TERMS AND ALL OTHER POLICIES OF ULULE INCLUDING : ULULE’S PRIVACY POLICY, ULULE’S COMMUNITY GUIDELINES, VOX’S USER AGREEMENT, AND INFORMATION PUBLISHED IN THE ULULE FAQ. IF YOU ARE NOT AN INDIVIDUAL, YOU REPRESENT TO ULULE THAT YOU HAVE ALL NECESSARY CORPORATE OR EQUIVALENT AUTHORITY AND POWER TO AGREE TO THE TERMS WHICH YOU AGREE SHALL BE BINDING ON THE CORPORATION, PARTNERSHIP, ASSOCIATION OR OTHER ENTITY IN WHOSE NAME YOU ARE REGISTERING AS A USER AND ESTABLISHING AN ACCOUNT. IF YOU DO NOT AGREE TO ANY OF THESE TERMS, YOU MAY NOT USE THE WEBSITE.
I. WHAT IS ULULE ?
Ulule is a service and a community platform which enables people to “make good things happen” 1/ by helping project holders to organize fund-raising programs (‘“Ulule Projects”) 2/ by providing tools for discussions, classifieds and questions about projects (“Ulule Vox”).
Want to know more about Ulule’s services ? Please read our FAQ and Vox’s user agreement.
II. WHO IS EDITING ULULE ?
Ulule is a service edited by Semio, SAS (Société à Actions Simplifiées) with a capital of 20.000€, signed up to RCS in Paris. Our offices are at 24, rue de l'Est, 75020 Paris.
Want to learn more about the team ? Read the team page and check the contact page.
III. REGISTRATION
In order to use many of the Website's features, you must set up an account using the online registration form. Upon registering, you will be sent an email containing an hyperlink that must be clicked in order to confirm your registration. You may access your account by entering your username and password in the login fields on the homepage. You alone are responsible for keeping your username and password secure. Registration entitles you to use the Website. We reserve the right to terminate your account at any time. Failure to comply with the Terms or any other policy of Ulule may result in access to your personal page being temporarily or permanently suspended, immediately and without notice, or in the deactivation of your account, without prejudice to any other rights we may have.
IV. ABILITY TO ACCEPT TERMS & CONDITIONS
Children under the age of 13 are not permitted to register with Ulule. It is Ulule's policy not to collect any information from anyone under the age of 13.
You warrant that you are either more than 18 years or age or have consent of your parent or legal guardian such that you are legally able to agree to be bound by the Terms. In any event, You warrant that you are over the age of 13, as the Website is not intended for children under 13. If you are under 13 years of age, do not use or access the Ulule website at any time or in any manner.
V. ULULE PROJECTS : FUND-RAISING, E-COMMERCE, FEES
Ulule (“Ulule Project”) helps project holders to raise funds by connecting them with supporters (friends, contacts, or Ulule users).
All funds are collected using the Paypal service. You must accept the Paypal terms of use to use Ulule either as a project holder or as a supporter.
Ulule does not receive or hold any money intended for project holders.
Ulule charges a 5% fee on sums successfully collected with Ulule. The Paypal fees must me payed by the project holder (details here).
Ulule shall not be liable for the actions of a project holder. Project holders and supporters share the responsibility for making sure purchases facilitated by Ulule.
The project holder is solely responsible for the fund-raising program he starts, and responsible for all the possible rewards he promisses to send.
It is important that you be aware from the start that there is “risk” involved with any project, from the idea stage through to pre-production: some projects have to be postponed, while others simply (and unfortunately) have to be abandoned.
Project holders may initiate refunds at their own discretion. Ulule is not responsible for issuing refunds for funds that have been collected.
You are responsible for paying all fees and applicable taxes associated with the amounts you perceive as a project holder, or with the amounts you pay or donate as a supporter.
For more information about taxes and fees, please read Ulule’s contact page.
VI. YOUR INTELLECTUAL PROPERTY RIGHTS
Ulule does not own Your Content. By making Your Content accessible to other users (as individuals and/or as a group), you agree to allow any users of the Website - free of charge and for personal use only - to view and transmit Your Content on or through the Website and any other electronic communication media or technology, now known or later developed, for the entire period in which Your Content is hosted on the Website. Please note that due to the nature of the Internet and digital media, data transmitted – including Your Content – cannot be protected against the risks of misappropriation and/or piracy, for which Ulule shall not be liable. You are responsible for taking all appropriate steps to protect your data, where applicable.
VII. YOUR LIABILITY AS A USER
You warrant that Your Content contains no child pornography; dangerous or illegal acts (including but not limited to incitement to violence, animal abuse or drug abuse); unlawful, obscene, defamatory or libelous material; images of rape or abuse; images of bestiality; or any sexually explicit content (including but not limited to intercourse, masturbation, sadistic or masochistic abuse, explicit depiction of male or female genitalia or pubic areas, pedophilia or necrophilia). To be clear, Ulule neither wants nor tolerates such content. If Your Content contains such content, do not upload it to the Website as you are not authorized to upload it to the Website.
You also warrant that Your Content does not infringe the intellectual property rights of any third party.
Failure to comply with these provisions may result in Your Content being removed and/or your account being deactivated without prior notice. In addition, Ulule reserves the right to report any violation of these provisions to applicable legal authorities and you may be personally liable to criminal sanctions applicable to the content in question (fines and imprisonment), in addition to any applicable civil damages.
VIII. LINKS
As a convenience to you, the Website may contain links to websites operated by other entities (a "Linked Site"). If you decide to visit any Linked Site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Ulule has no responsibility to you with respect to any Linked Site and no Linked Site, regardless of the liking form (e.g. hotlinks, hypertext links, IMG links) is maintained, controlled, endorsed, monitored or otherwise governed by Ulule.
IX. GENERAL / ABOUT THESE TERMS OF USE
If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Ulule's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Ulule reserves the right to amend these Terms of Use at any time in its sole discretion and without prior notice, which shall take effect upon posting to the Website. It is your responsibility to review these Terms of Use for any changes. Your use of the Website following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms. You agree that any cause of action arising out of or related to the Website must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
X. CHOICE OF VENUE/LAW
You agree that Ulule.com is a website that is based solely in Paris, France and over which personal jurisdiction cannot be obtained, either specific or general, in any jurisdiction other than Paris, France.
You agree that any dispute between you and Ulule arising out of or relating in any way to these Terms or your use of the Website shall be interpreted in accord with the French law, without reference to its conflicts of laws, and shall in all respects be governed, construed, applied, and enforced in accordance with the French law. You also agree that any claim or dispute between you and Ulule shall be decided exclusively by a court of competent jurisdiction located in Paris, France and you irrevocably consent to the personal and exclusive jurisdiction of any such court.
XI. ENTIRE AGREEMENT
These Terms constitute the entire agreement between Ulule and you with respect the Website and its supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Ulule with respect to the Website.
Last modification : July 6, 2011