The website https://www.etoile-privee.com (hereinafter the ‘Platform’) is operated by Coleus BV (hereinafter the ‘Operator’). This document specifies the Terms of Use to which the User is subject when using the Site’s services. These conditions constitute a binding agreement between the User and Etoile-Privée, which manages the Site that you visit. The use of the Site implies the unconditional and automatic acceptance by the User of these terms of use in their entirety, as well as the obligation to comply with them. If the User does not agree to all or part of these terms and conditions, he/she is requested not to use the Site.
Etoile Privée reserves the right to modify or supplement these terms and conditions at any time, without prior notice or compensation. It is the User’s responsibility to take note of any updates to these terms and conditions each time he/she connects to the Site.
These terms and conditions contain exclusions of warranties and limitations of liability of which the User declares to be aware. By accessing the Site or using Etoile Privée’s services, the User accepts these terms and conditions.
Etoile Privée reserves the right to suspend or terminate the access of Users who do not comply with these terms and conditions. In addition, Etoile Privée reserves the right to unilaterally and without prior notice or refund, deny a User access to the Site, in whole or in part, in particular in the event of a clear breach of these terms and conditions by the User.
For the purposes of these terms and conditions, ‘User’ means any person who accesses the Site and, even passively, uses the services offered.
Given the content of the Site, it is intended for an adult audience only. This means that the use of this Site, in any manner whatsoever, is strictly prohibited to persons who have not yet reached the legal age under the law of their country of residence.
The User guarantees that any advertisement they wish to publish on the Platform meets the quality criteria that a visitor to the Platform may reasonably expect: the description of the services and conditions must be correct, clear and unambiguous. The elements of the description of the advertisement must be submitted in advance to the Administrator via the following e-mail address: info@etoile-privee.com. The Administrator decides unilaterally whether to publish the advertisement or not.
Any false or misleading advertisement may be removed at any time by the Administrator in accordance with the provisions in the section ‘Restriction on publication of advertisements’ below.
The Administrator reserves the right to make technical changes to content, in particular to the content of advertisements (e.g. in the context of reuse). This may be necessary, inter alia, to make ads accessible via various channels, including mobile phones. Photos intended for publication must have a good resolution (at least 1920×1080 pixels). To maintain the quality of our services, the Administrator has the option not to publish a photo in advance.
Monthly subscription fees are due on the anniversary of the date your profile went online.
Restriction on publication of ads The pricing of an ad is predetermined before it is published. The User may not change his ad by replacing one type of offer with another. In this case, a new advertisement must be placed at the rate applicable to the chosen offer.
Even if the User removes their advertisement from the Platform early, they cannot claim a full or partial refund. The User accepts that once an ad has been posted on the Platform and paid for, there is no right of withdrawal or full or partial refund for that ad.
We reserve the unilateral right to deactivate or reject an advertisement placed on our Platform before the end of the publication period and without compensation in the following cases:
– The descriptive text violates these Terms of Use;
– An advertisement is incorrect or illegal.
We reserve the right to unilaterally prohibit access to the Platform, in whole or in part, to any physical or legal person who:
– Violates these Terms of Use;
– Uses personal data accessed through the Platform to offer paid products or services or to send unsolicited messages to e-mail addresses of other internet users (“spamming”) for commercial purposes or in any other unauthorised manner;
– Posts false, already posted or illegal advertisements on the Platform;
– Damages the good reputation of the Administrator or the Platform;
– Infringes the intellectual rights of third parties;
– Uses the Platform for unlawful purposes.
We also reserve the right to take legal action against the same persons.
Although we are committed to making the Platform available seven days a week, 24 hours a day, we reserve the right to interrupt access to the Platform at any time and without notice for technical or other reasons. We also reserve the right to terminate our services without being liable for these interruptions and their possible consequences for you or third parties.
The Administrator will, to the extent possible, ensure that the Platform and files are free of bugs, viruses, Trojans, spyware and other malicious or unapproved software. However, the presence of such elements cannot be ruled out. Under no circumstances can the Administrator be held liable for any damage and/or loss resulting from this for the User.
The Administrator strongly advises the User to install firewalls, antivirus programmes and other necessary security programmes on his device.
In certain sections, the platform contains hyperlinks to third-party content or websites operated by third parties. We are not responsible for the quality and accuracy of this content or for the websites themselves. We also cannot be considered an authority that approves, publishes or authorises these websites or their content.
The operators of these websites are solely responsible for compliance with the laws and regulations relating to the products and services they offer on their websites, particularly in the areas of consumer protection, distance selling, price legislation, protection of personal data, etc.
All texts, data, photos, videos, messages or any other form of content posted by a user on the platform are the exclusive responsibility of the user. The Administrator cannot be held responsible for the content posted by users on the platform.
The user:
– Declares, accepts and guarantees that the Administrator has the right to use and publish any content (texts, images, information) posted or published by the user on the platform to perform the service(s) requested by the user;
– Grants the platform a licence on the posted content. This licence must be free, worldwide, non-exclusive, transferable and sub-licensable, allowing the Administrator to use, publish and reproduce the content as part of the exploitation and promotion of its services and those of third parties;
– Accepts that this data will be used by the Administrator to build reference points or a history. These reference points may be used by professionals in the context of their services.
Under no circumstances will the history include the contact details of the person who posted the ad. The content will be anonymised and kept indefinitely for the purposes mentioned above.
The entire content of the platform, including texts, graphics, logos, buttons, images, code, database and icons, is the intellectual property of the Administrator and is protected by intellectual property rights, such as copyright and the rights of the producer of a database. The design of the platform (structure, choice and arrangement of sections, organisation of data, etc.) is protected by copyright laws.
The Administrator prohibits the reuse of the entire content of the platform or any qualitative or quantitative part thereof. The Belgian law of 31 August 1998 on the legal protection of databases (transposing European Directive No 96/9/EC) stipulates that infringements of these rights are punishable by fines of up to €500,000 and, in the event of a repeat offence, up to 2 years’ imprisonment.
With this document, the Administrator grants the user of the platform a non-exclusive, non-transferable and revocable licence, revocable at any time without reason, to access, display and download the content on a computer for the sole purpose of consulting this content. The user may also print a copy of the content displayed on the platform for personal use, provided that he does not modify the content in any way and retains all mentions of authorship and origin of the platform.
Reproduction is therefore permitted only for personal use and as a personal copy within the meaning of the Copyright Act.
Certain names, features and logos on the Platform are registered trademarks or trade names owned by the Administrator. Any use of names, trademarks and logos and/or the unauthorised use of similar signs is prohibited unless expressly approved in advance by the licensees.
Any copy, translation, adaptation, modification or any other use of all or part of the protected elements of the platform, in any form and by any means, is strictly prohibited without the prior written consent of the Administrator. Any commercial use of the content of the platform is strictly prohibited. Unless explicitly refused, for which no justification is required, hyperlinking to the home pages of the platform is allowed. Any hyperlink to any page within the sites is therefore prohibited unless explicitly and previously approved by the Administrator.
Under no circumstances can the Administrator be held liable to visitors to the platform for complaints or legal action by third parties claiming that the use of any element of the content of the platform or any of the products or services offered by the platform violates their intellectual property rights.
All reservations or orders for services on the site are binding and final. In accordance with the legislation in force, the user-consumer acknowledges that since all orders are executed immediately, he/she loses his/her right of withdrawal and expressly agrees to this.
Etoile Privée has taken and continues to take all necessary and useful measures to ensure the security of its users.
Nevertheless, users pay online at their own risk and expressly agree to this every time they make a payment, however small or incidental.
In case of loss or theft of identification or financial data, the user should contact the relevant partner. Etoile Privée does not accept any responsibility for this. Miscellaneous provisions, applicable law and jurisprudence.
The invalidity, nullity or unenforceability of all or part of a provision from the above terms and conditions shall not result in the nullity of all the terms and conditions of use of this document. The provision in question shall be deemed not to have been written, and the user accepts that the Administrator shall replace such provision with another provision that, as far as possible, performs the same function.
Any dispute arising from the use of the platform shall be governed by Belgian law, and only the courts of Leuven, Leuven division, shall have jurisdiction.
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