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 ULULE, 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. ULULE.COM TERMS OF USE

1. WHAT IS ULULE ?

Ulule is a service and a community platform which enables people to “make good things happen” 1/ by helping Project Creators 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.

2. WHO IS EDITING ULULE ?

Ulule is a service edited by ULULE, SAS (Société à Actions Simplifiées) with a capital of 157.951€, signed up to RCS in Paris. Our offices are at 8-10 rue Saint Fiacre, 75002 Paris, France.

Want to learn more about the team ? Read the team page and check thecontact page.

3. 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.

4. 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.

5. ULULE PROJECTS : FUND-RAISING, E-COMMERCE, FEES

Ulule (“Ulule Project”) helps Project Creators to raise funds by connecting them with Project Supporters (friends, contacts, or Ulule users).

Funds are collected using two electronic payment systems:

- The LeetchiWallet Services system for credit card payments and direct debit (Sofort and Giropay). You can find the full terms of use of this service below.
- The Paypal payment system. You must accept the Paypal terms of use for the use of a project using Paypal as a payment solution, whether you are the Project Creator or a Project Supporter.

Project Creators and Project Supporters are responsible for the correctness and completeness of bank and Paypal information indicated in Ulule's interface.  

Projects Creator are responsible for the accuracy of the Bank identification numbers (BIC / SWIFT) and Paypal information they provide.

Ulule shall not be liable for the actions of a Project Creator.Ulule is not liable for any damages or loss incurred related to rewards or any other use of the Service. All dealings are solely between Users. Ulule is under no obligation to become involved in disputes between any Users, or between Users and any third party. This includes, but is not limited to, delivery of goods and services, and any other terms, conditions, warranties, or representations associated with campaigns on the Site.

Ulule does not oversee the performance or punctuality of projects. The Company does not endorse any User Submissions. You release Ulule, its officers, employees, agents, and successors in rights from claims, damages, and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and the Service.

The Project Creator 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 Creators 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 Creator, or with the amounts you pay or donate as a Project Supporter.

For more information about taxes and fees, please read Ulule’s contact page.

6. 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.

7. 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.

8. 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.

9. FEES AND PAYMENTS

For Project Supporters

Ulule do not apply any fees or commission to Project Supporters. 

Using a credit card or a direct debit payment: By supporting a project by credit card payment or direct debit payment, Project Supporter accepts the Terms of Use of Leetchi Wallet Services detailled in part II of those Terms of Use. Funds pledged are immediately debited from Project Supporter’s bank account. Before the end date of the project, Project Supporter may at any time cancel its support and request a refund at no cost. If the project is not funded, Ulule automatically proceed to a refund of the user's wallet without charge - and the user may request a refund of its wallet amount on its bank account without charge. If the project is funded, funds will be transferred to the bank account of the Project Creator, and cannot therefore be repaid through the system established by Ulule and its service provider Leetchi. In case of dispute, the Project Support will have to claim directly for a refund to the Project Creator.

Using Paypal: By supporting a project by Paypal, Project Support accepts Paypal Terms of Use. The Paypal support is charged on the Paypal account only if the project is successful and reaches its funding target. 

For Projects Creators

Funds collected by credit card or direct debit: Ulule applies a 6.67% commission VAT excluded, i.e. 8% French VAT included, on the total amount collected by successful projects. It includes financial transaction costs.

Funds collected by Paypal and by check: Ulule applies a 4.17% commission VAT excluded, i.e. 5% French VAT included, on the total amount collected by successful projects. Paypal also applies its own 3.4% commission + 0.25 € per transaction. 

In all cases: If the project does not reach its funding target, we do not charge any commission or fees.

Delay of fund transfer

If funding succeeds, Project Creator must upload in its project page bank identification numbers and identification documents. As soon as those documents have been transferred and funding has succeeded, Ulule will proceed to fund transfer, which will take approximately 3 working days. 

10. 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.

11. 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.

12. 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.

 II. TERMS OF PAYMENTS BY CREDIT CARD AND BY DIRECT DEBIT

Ulule.com chose to trust Leetchi, Leetchi.com site editor, for all its transaction banking services through the integration of its APIs: LeetchiWallet Services.

 Leetchi.com allows its users to easily organize friendly fundraising between individuals through a highly secure environment.

 Ulule.com enables its users to become owners of electronic money unit, which may be associated with a project financing with a few clicks!

 By using Ulule.com, you accept the terms and conditions below, which reflects the partnership between ULULE society, Ulule.com publisher, and Leetchi SA, Leetchi.com publisher, which designed and developed the Wallet Services API.

 Terms of Use of the Leetchi payment solution

 Concluded between

Ulule.com users (Project Creators or Project Supporters, hereinafter referred to as ("User" or "Holder")

On the one hand,

Leetchi SA, Société par Action au capital de 358,349 euros, headquartered in Paris 7rue commines (75003), registered under number 511361073 ("Leetchi") hereinafter reffered to as “Leetchi”,

 TUNZ, Belgian company (société anonyme de droit belge au capital de 1,500,000 euros) - registered office at 1170 Brussels, 185 Chaussée de la Hulpe and registered as legal entities under number VAT BE 886 476 763, authorized as an electronic money by the CBFA and the LPS in France, hereinafter referred to as “Tunz”,

 On the other hand

 Together the "Parties"

 Preamble

 Leetchi designed and developed an innovative solution in the form of API, allowing you as users of Ulule.com to create, reclaim funds or using electronic purses (hereinafter referred to as "Wallets" ) in the books of TUNZ, electronic money issuer.

 You can collect support assigned to a project.

 For this purpose, you can through the website Ulule.com constitute Wallets and obtain reimbursement of corresponding amount to complete a project.

 Please read these terms of use and terms of electronic money issuance ("Terms of Use"). If you refuse to be bound by these Terms of Use, you must exit the Ulule.com website and give up participating, supporting or arranging any project, which would cause you to hold a Wallet.

 If you want to become a User, hold a wallet, put funds into a Wallet to participate in a project, become owner of a wallet, you should read these Terms of Use and accept them.

 1. Acceptance of Terms of Use

 These Conditions of Use are accepted upon your participation in a Wallet as an Organizer, Holder or Supporter.

 Using a Wallet, you agree to be bound by these Terms of Use, whether you are an Organizer, Holder or Supporter.

 These Conditions of Use constitute the entire agreement between Users and Leetchi relating to the Wallet.

 2. Definitions

 In addition to the definitions contained in these Terms of Use, for the purposes hereof, the following terms are defined as follows:

 Credit Card:

 Payment card or valid credit card, used by a Project Supporter;

 Direct Debit:

 Online payment system through online direct deposit (Sofort or Giropay) available to customers of banks located mainly in Germany, Austria, Switzerland and Belgium;

Holder:

User responsible for creating a Wallet, who has the ability to administrate it and to dispose of it;

 Event:

 Project created by the Project Creator, whose Wallet is designed to allow financing or realization of totality or part of it;

 Organizer:

 User initiating the creation of the Wallet and who has the authority to administrate and dispose of it;

 Reimbursement:

 Reimbursement upon request of the Owner of all or part of Wallet resulting in the transfer of the nominal amount of the Wallet to the account of electronic currency units stored by TUNZ;

 Supporter:

 User contributing to a Wallet by by credit card or direct debit thanks to the Leetchi payment system, being considered that Leetchi is acting on behalf of Tunz;

 Support paid:

 Cash amount paid by a Supporter and received by Leetchi, acting as an intermediary in banking and payment services on behalf of TUNZ, for the establishment of electronic money by an equivalent amount stored by TUNZ;

 Wallet:

 Single support paid or paid Supports all pooled together and stored by TUNZ for participation in an event or project;

 3. Object

 These Terms of Use are intended to define the conditions under which you agree to use the Wallet.

 4. Modifications to Terms of Use

 Leetchi and Tunz reserve the right to change these Terms of Use at any time. Any changes will come into force upon its publication by Ulule.com at the request of Leetchi SA.

 Continued use by you of the Site after Ulule.com has released a new version of the Terms of Use constitutes your consent to this new version. Therefore, it is important that you regularly read these Terms of Use to make sure you are aware of any changes that might be brought.

 5. Eligibility

 By using the Site, you represent and warrant that: (a) any information supplied when registering Ulule.com is true and correct, (b) you will maintain the accuracy of such information if necessary by changing the information transmitted to the Site in the shortest possible time, (c) you are aged at least 18 years and (d) your use of the Site and Wallet does not violate any law or regulation.

 6. Login

 When you register to become a User of Ulule.com, the site will ask you to choose a username (your "ID"), consisting of a User (your valid email address) and password.

 You are entirely responsible for maintaining the confidentiality of your username. You agree not to use the Wallet, the username or ID of another User at any time or disclosing your ID to a third party. You agree to immediately notify Ulule (support@ulule.com) which will warn Leetchi if you suspect any unauthorized use of your wallet or access to your ID. You are solely responsible for all use of your wallet.

 7. Creation and operation of a Wallet

 7.1 Creating a Wallet by a Project Creatof

 Wallet creation for the Project Creator is done once the Project is accepted by the Ulule.com team and online, and at time of project supporting (as soon as an online payment by credit card or direct debit) is done for Project Supporters.  

 The Project Creator creates a Wallet through Ulule.com. Each organizer cannot create more than 5 Wallets simultaneously.

 Any false or misleading identification of the Project Creator or of the project itself is likely to incur the responsibility of the Projects Creator.

 The Project Creator agrees not to use the Site to initiate a public offering, and generally not to use the Site for illegal or immoral purposes.

 7.2 Support paid and Refunds

 Support operates, through its payment by credit card or direct debit, one or more installments, whose total is limited to 2500 euros per calendar year per user. In case this amount is exceeded, a demand for identification will be requested by Ulule’s customer service. Your account will be blocked until Leetchi teams have received documents justifying the identity of the user.

 The amount of support paid is held, pro tanto by TUNZ until its use or reimbursement by the Holder or the date of cancellation to support.

 According to regulations, Cancellations are made to the nominal value of Wallet for the amount of support paid without costs other than those specified in the tariff conditions.

 7.3 Use of Wallet

 The Holder shall have full ownership of the Wallet. It is the User responsibility to refer to general terms of use of the Site to be aware of the services offered by the latter.

 7.3.1 Wallet refund

 In case of refund, the nominal amount of electronic money units composing the Wallet is paid to the Holder by wire transfer to his bank account domiciled in a member of the 28 countries of the European area or one of four countries: Switzerland, Liechtenstein , Norway and Iceland. The Holder shall provide IBAN and SWIFT code associated with its bank account.

 The Holder and Project Creator (if different) are sole responsible towards Project Supporters for the use of the Wallet amount, which must comply with the mandate of the Supporters. Leetchi or Ulule.com cannot be held responsible for any obligation or liability of any nature whatsoever towards Supporters. Leetchi and Tunz cannot be held responsible for any dispute arising between the Project Creator and any or all of its Supporters.

 7.3.2 Allocations

 Each use of the Wallet will result in a decrease of its amount, corresponding to support, on the date of the use in question to maintain traceability of the operations on the Wallet.

 7.3.3 Supporters information

 Each Supporter is informed by an email sent automatically by the website of each repayment made by the Holder.

 Once this information has been sent, Ulule.com is released from any obligation in respect of the Project Supporter as regards the Support paid.

 The above information does not relieve the Holder of its obligations towards each under the mandate conferred upon it.

 8. Leetchi’s responsibility

 Leetchi is not to be held responsible for any error, omission, interruption, deletion, defect, delay in operation or transmission, theft or destruction or unauthorized access to, or alteration of any communication with any User.

 Leetchi reserves the right to temporarily suspend access to its services for technical reasons or maintenance without creating any compensation right for Users. Leetchi undertakes to limit as much as possible any interruption of this type.

 Leetchi is not responsible for the security and confidentiality of data exchanged, as appropriate, through the use of the Site.

 09. Limitation of Liability

 NOTWITHSTANDING ANYTHING IN THIS AGREEMENT, THE LIABILITY LEETCHI TOWARDS USERS, REGARDLESS OF THE BASIS AND THE FORM OF THE ACTION, IS LIMITED AT ANY TIME TO THE AMOUNT OF EURO 1000. IF YOU USE THE SERVICE FOR FREE, YOU AGREE THAT YOUR REMEDY IS LIMITED TO THE MEASURES TAKEN BY LEETCHI IN COMPLIANCE WITH THE LAW, AND THAT YOU CAN NOT BE ENTITLED TO ANY COMPENSATION FROM LEETCHI.

 11. Duration - Termination

 Terms of Use, in their present version or in any amended version to come into force after approval by Leetchi, remain in force for the duration of your use of a wallet.

 12. Governing Law and Jurisdiction

 Except in case of application of a mandatory law - which would apply only to the extent of its purpose, it is expressly stipulated that (i) these Terms of Use are subject to French law and (ii ) any dispute between you and Leetchi under the use of a Wallet will be subject to the jurisdiction of competent courts in Paris.

 13. Severability

  If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

 Last modification : July 2, 2012