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  • La Cup Luneale Luneale

    La Cup Luneale

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Terms of service

ARTICLE 1 – DEFINITIONS

The following terms shall be defined as:

  • “Site” or “Service”: the site luneale.co and all of its pages.
  • “Publisher”: Teolab, the legal entity responsible for the publishing and content of the Site.
  • “User”: the internet user visiting and using the Services of the Site.

The present Terms of Use (hereinafter “TOU”) are offered by the Publisher of the Site. The User of the Site is invited to read these TOU carefully, print them, and/or save them on a durable medium. The User acknowledges having read the TOU and accepts them in their entirety and without reservation.

ARTICLE 2 – APPLICATION OF THE TOU

The purpose of these TOU is to define the conditions of access to the Site by Users. The Publisher reserves the right to modify the TOU at any time by publishing a new version of them on the Site. The TOU applicable to the User are those in force on the day of their acceptance.

The Site is freely accessible to all Users. The acquisition of a product or service, or the creation of a member account, or more generally, browsing on the Site implies acceptance by the User of all the present TOU, which they acknowledge having fully understood.

This acceptance may consist, for example, of the User ticking the box corresponding to the acceptance of these TOU, with the phrase "I acknowledge having read and accepted all the terms and conditions of the Site". Ticking this box will be considered equivalent to a handwritten signature from the User.

The User acknowledges the proof value of the automatic registration systems of the Publisher of the Site and, unless they provide contrary evidence, waives contesting them in case of dispute.

The acceptance of these TOU assumes that the Users have the legal capacity necessary for this. If the User is a minor or lacks legal capacity, they declare that they have the authorization of a guardian, curator, or legal representative.

ARTICLE 3 – LEGAL MENTIONS, PERSONAL DATA, AND SITE OBJECT

This Site is published by Teolab SAS. The legal information regarding the host and the Publisher of the Site, including contact details and possible capital and registration information, is provided in the Legal Mentions of the Site.

The information regarding the collection and processing of personal data (policy and statement) is provided in the Site’s privacy policy.

The purpose of this Site is defined as “informational site and online sales”.

ARTICLE 4 – MEMBER AREA

The User registered on the Site (member) can access it by logging in with their credentials (email address defined at registration and password), or by using third-party login systems such as social media buttons. The user is fully responsible for the protection of the password they chose. They are encouraged to use complex passwords. In case of forgotten password, the User can generate a new one. This password is the guarantee of confidentiality for the information in their “My Account” section, and the User therefore agrees not to transmit or share it with any third party. Otherwise, the Site Publisher will not be held responsible for unauthorized access to the User's account.

Creating a personal space is a prerequisite for any order or contribution from the User on the Site. To this end, the User will be asked to provide a certain amount of personal information. They agree to provide accurate information.

The collection of data is for the creation of a “member account”. If the data in the member account section were to disappear due to a technical failure or force majeure, the Site and its Publisher will not be held liable, as this information has no evidentiary value and is only for informational purposes. The pages related to member accounts can be freely printed by the account holder, but do not constitute proof; they are purely for informational purposes to help manage the service or contributions efficiently.

Each User is free to close their account and data on the Site. To do so, they must send an email to Teolab indicating that they wish to delete their account. No recovery of their data will be possible thereafter.

The Publisher reserves the exclusive right to delete the account of any User who violates these TOU (for example, but without limitation, if the User knowingly provided incorrect information during registration and account creation) or any account inactive for at least one year. Such deletion will not be considered a damage to the excluded User, who cannot claim any compensation. This exclusion is not exclusive of the possibility for the Publisher to undertake legal proceedings against the User when the facts justify it.

ARTICLE 5 – ACCESS AND AVAILABILITY OF THE SITE

The Publisher makes its best efforts to ensure the Site is accessible at all times, subject to maintenance operations of the Site or the servers on which it is hosted. In case of inability to access the Site due to technical problems or any other reasons, the User cannot claim damages and cannot demand compensation.

The Publisher of the Site is only bound by an obligation of means. Their responsibility cannot be engaged for any damage resulting from the use of the internet network, such as data loss, intrusion, virus, service interruption, or other issues.

The User expressly agrees to use the Site at their own risk and under their exclusive responsibility.

The Site provides the User with information for guidance, with imperfections, errors, omissions, inaccuracies, and other ambiguities that may exist. In any case, Teolab cannot be held responsible:

for any direct or indirect damage, notably regarding loss of profits, loss of opportunity, loss of clientele, or data loss, which may arise from using the Site or, conversely, from the inability to use it;
for malfunction, lack of access, improper use, misconfiguration of the User’s computer, or use of a browser not commonly used by the User.

ARTICLE 6 – HYPERTEXT LINKS

The Site may include hypertext links to other sites.

The User acknowledges that the Publisher cannot be held responsible for any damages or losses, whether direct or indirect, resulting from the use or from taking note of the content, advertisements, products, or services available on these external sites or sources. Similarly, the Publisher cannot be held responsible if visiting any of these sites causes harm to the User.

If, despite the Publisher's efforts, any hyperlink on the Site points to a site or online source whose content is or appears not to comply with French law, the User agrees to immediately contact the Site's publication director, whose contact information can be found in the legal mentions of the Site, to provide the address of the problematic pages of the third-party site.

ARTICLE 7 – COOKIES

A "Cookie" can allow the identification of the User of the Site, personalizing their browsing experience and speeding up the display of the Site by saving a data file on their computer. The Site may use "Cookies" primarily for 1) gathering navigation statistics to improve the User’s experience and 2) enabling access to a member account and content that is not accessible without logging in.

The User acknowledges being informed of this practice and authorizes the Publisher of the Site to use it. The Publisher agrees never to share the content of these "Cookies" with third parties, except in case of legal requirement.

The User may refuse the storage of "Cookies" or configure their browser to be notified before accepting them. To do so, the User will configure their browser:

For Internet Explorer: http://windows.microsoft.com/fr-FR/windows-vista/Block-or-allow-cookies
For Safari: https://support.apple.com/fr-fr/ht1677
For Google Chrome: https://support.google.com/chrome/answer/95647?hl=fr&hlrm=en&safe=on
For Firefox: https://support.mozilla.org/fr/kb/activer-desactiver-cookies
For Opera: http://help.opera.com/Windows/10.20/fr/cookies.html

ARTICLE 8 – INTELLECTUAL PROPERTY RIGHTS

All elements of this Site are owned by the Publisher or a third-party agent, or are used by the Publisher with the permission of their owner.

Any representation, reproduction, or adaptation of logos, textual content, pictographic elements, or videos, without this list being exhaustive, is strictly prohibited and is considered counterfeiting.

Any User found guilty of counterfeiting may have their access to the site removed without prior notice or compensation, and without this exclusion constituting any harm to the User, without prejudice to potential subsequent legal action against the User by the Publisher or their agent.

This Site uses elements (images, photographs, content) credited to: Teolab, iStockphoto, Fotolia, Freepik, Unsplash.

The trademarks and logos contained on the Site may be registered by Teolab or one of its partners. Anyone who uses these representations, reproductions, embedding, distribution, and redistribution will incur penalties as provided for in Articles L.713-2 and following of the French Intellectual Property Code.

ARTICLE 9 – LIABILITY

The Publisher is not responsible for User publications, their content, or their accuracy. The Publisher cannot be held liable for any damage that may occur to the User's computer system and/or data loss resulting from the use of the Site by the User.

The Publisher commits to continually updating the content of the Site and providing Users with accurate, clear, precise, and up-to-date information. The Site is generally accessible at all times, except during technical maintenance operations and content updates. The Publisher cannot be held liable for damages resulting from the unavailability of the Site or parts of it.

The Publisher's responsibility cannot be engaged due to a technical unavailability of the connection, whether due to force majeure, maintenance, update, modification of the Site, intervention from the host, internal or external strike, network failure, or power outage.

The Publisher cannot be held responsible for malfunction, inability to access, or issues with the Site due to unsuitable equipment, incorrect configuration, or use of the User’s computer, issues with the User’s internet service provider, or those of the internet network.

ARTICLE 10 – USER CONTRIBUTIONS TO SITE CONTENT

Users are given the opportunity to contribute to the content of this Site. Users are informed that the Publisher of the Site, or moderators if applicable, may choose to publish the content in question on the Site's newsletters and on the websites of all its partners, with the Publisher citing the pseudonym of the author of the contribution.

The author therefore waives their rights to the content of the contributions in favor of the Publisher of the Site, for any distribution or use, including commercial use, on the internet platform, while, of course, respecting the authorship of the contributor.

ARTICLE 11 – GEOGRAPHICAL LIMITATION OF USE

The consultation of the Site is not geographically limited.

ARTICLE 12 – NOTIFICATIONS AND COMPLAINTS

Any notification or notice regarding these TOU, legal mentions, or the privacy policy must be made in writing and sent by registered mail or certified letter, or by email to the address indicated in the Site's legal mentions, specifying the contact details, name, and surname of the notifier, as well as the subject of the notice.

Any complaint related to the use of the Site, Services, pages on the Site, or social media accounts, or to the TOU, legal mentions, or the privacy policy, must be filed within 365 days from the day the issue that caused the complaint arose, regardless of any laws or legal rules to the contrary. If such a complaint is not filed within the 365 days, it will no longer be applicable in court.

It is possible that the Site and the Services offered contain, to a limited extent, inaccuracies, errors, or information that is inconsistent with the TOU, legal mentions, or the privacy policy. Furthermore, unauthorized modifications may be made by third parties on the Site or related Services (social networks, etc.).

In such a situation, the User has the possibility to contact the Publisher of the Site by postal mail or email at the addresses indicated in the legal mentions of the Site, with, if possible, a description of the error and its location (URL), as well as sufficient information to contact the Publisher.

ARTICLE 13 – INDEPENDENCE OF CLAUSES

If any provision of these TOU is deemed illegal, void, or otherwise unenforceable, that provision will be considered divisible from the TOU and will not affect the validity and enforceability of the remaining provisions.

These TOU replace all prior or contemporaneous written or oral agreements. They are non-transferable, assignable, or sublicensable by the User themselves.

A printed version of the TOU and all notices given in electronic form may be requested in judicial or administrative procedures related to these TOU. The parties agree that all correspondence related to these TOU must be in French.

ARTICLE 14 – APPLICABLE LAW

These TOU are governed by and subject to French law.
Unless otherwise stipulated, any disputes arising from the execution of these TOU may be submitted, before any legal action, to the Publisher of the Site for an amicable settlement.

It is expressly noted that requests for amicable settlement do not suspend the deadlines for initiating legal actions.

Unless otherwise stated, any judicial action related to the execution of these TOU must be brought before the jurisdiction of the defendant's domicile.

All rights reserved – January 2024