For the purposes of understanding and interpreting these Terms and Conditions of Use, the following terms shall have the meanings ascribed to them below:
“Subscription” means any paid subscription granting access to the NousLib Solution for a specified period of time.
“Terms and Conditions of Use” or “TCU” means this contract.
“NousLib” refers to the entity responsible for the services accessible via the website NousLib.com and the NousLib App.
The “NousLib Solution” means the mobile software application downloadable from the App Store and Google Play Store, intended to facilitate encounters, either free or paid, depending on the offer available to the User.
The “NousLib.com Website” means the website accessible at the URL https://www.nouslib.com.
“User” refers to any individual validly registered with the Solution, with or without a Subscription.
The purpose of the Solution is to facilitate encounters, either free or paid, depending on the offer available to the User.
The User declares that they have read and fully accepted, without reservation, the entirety of these TCUs in effect on the day of their registration to the Solution.
The use of the NousLib Solution requires downloading it onto a mobile phone or tablet. It is compatible with iOS and Android operating systems and is available on the Play Store and App Store.
To become a User of the NousLib.com Solution, the User must be at least 18 years of age in France and, in any case, of legal age according to the regulations in force in each country where the NousLib.com Solution is accessible, and must complete all mandatory fields in the registration form.
The User undertakes to ensure that the information provided, particularly personal information, is accurate, complete, and up to date, and to make any necessary updates as required.
In particular, the User undertakes not to create a profile that does not correspond to reality (including, but not limited to, the choice of type: man, woman, couple, or trans/trav., etc.).
To enhance the credibility of User profiles, NousLib provides a certified ads service.
The certification of ads published on the NousLib.com Solution consists solely of verifying the consistency between the User’s profile and the supporting documents provided by the User. Under no circumstances shall this constitute a contractual guarantee as to the accuracy of the information contained in the ad.
Once registered, the User is provided with a username and a password, which are strictly personal and confidential.
The User is informed that in the event of disclosure of these login details to a third party, they will be held responsible for all actions or statements made through their personal User account, whether fraudulent or not.
Registration on the Solution is free of charge. Registration entitles the User to create and publish one ad, as well as to access certain pages of the Solution on the internet and on mobile devices.
However, access to certain features is subject to the purchase of a Subscription.
In accordance with Article L221-18 of the French Consumer Code, the User has a period of fourteen (14) calendar days from the date of their subscription to the NousLib Solution to exercise their right of withdrawal, without penalty and without giving any reason.
If the User purchased the Subscription through their Apple ID, withdrawals are processed by Apple and not by NousLib.
To request a refund, the User must access the App Store, click on their Apple ID, select “Purchase History,” find the transaction, and click “Report a Problem.” They may also submit a request via https://getsupport.apple.com.
Subscription services can only be cancelled following the initial subscription and not after automatic renewals. The User also has the right to notify Apple by using the cancellation form template below or by means of any other clear statement. If the User uses the “Report a Problem” function, Apple will promptly send them an acknowledgment of receipt of the cancellation.
To cancel within the deadline, the User must send their cancellation notice before the expiry of the fourteen (14) day period.
In the event of a refund request for a purchase made via the App Store, we may share certain usage information with Apple (such as the date, duration, or level of use of the service) so that they can assess the request. By accepting these Terms and Conditions of Use, the User consents to this limited sharing, only within this specific context.
Apple will issue the refund no later than fourteen (14) days from the date of receipt of the cancellation notice. Apple will use the same payment method used by the User for the subscription, and the User will not incur any fees for such a refund.
The User may not cancel their order for the supply of digital content if the delivery has already begun at their request, acknowledging that they thereby waive their right of withdrawal.
Recipient: Apple Distribution International Ltd., iTunes Store Customer Support, Hollyhill Industrial Estate, Hollyhill, Cork, Republic of Ireland, rightofwithdrawal@apple.com
I hereby notify you that I withdraw from my contract concerning the following:
| Field | Information to complete |
|---|---|
| Order reference, item, and type of content | |
| Ordered on | |
| Received on | |
| Customer name | |
| Customer address | |
| Customer email address | |
| Date | |
| Signature |
To exercise this right of withdrawal, the User must notify NousLib of their decision to withdraw from this contract by means of an unambiguous statement before the expiry of the withdrawal period.
Notification of the right of withdrawal may be made:
I hereby notify you of my withdrawal from my Subscription to the NousLib Solution as detailed below:
| Field | Information to complete |
|---|---|
| Subscription taken out on | |
| Order number | |
| Consumer username | |
| Email or phone number used on NousLib.com | |
| Consumer full name | |
| Consumer full postal address | |
| Date | |
| Signature |
If the User chooses this option, NousLib will promptly send them an acknowledgment of receipt of the withdrawal on a durable medium (for example, by email).
Regardless of the communication method used, the withdrawal notice must include:
the User’s NousLib or Google Play Store order number (available in the confirmation email received or by logging into Google Wallet)
the User’s first and last name
the User’s postal address
the User’s username on the site
the email address or phone number used at registration
To comply with the withdrawal period, it is sufficient for the User to send their communication regarding the exercise of the right of withdrawal before the withdrawal period expires.
In the event of withdrawal by the User from this contract, NousLib will refund all amounts paid at the time of subscription as soon as possible and, in any case, no later than fourteen (14) days from the date on which NousLib was informed of the User’s decision to withdraw.
NousLib will make the refund using the same payment method employed for the initial transaction, unless the User expressly agrees to a different method. In any case, the refund will not incur any fees for the User.
For Users residing in the Republic of Korea: in accordance with local legislation, the User is entitled to a full refund of their subscription and/or unused virtual items within seven (7) days of purchase.
Prices are indicated in euros, inclusive of all taxes.
The User must keep the payment receipt received by email at the time of payment. This may be required in the event of a claim or dispute.
The prices of Subscriptions are those indicated on the NousLib.com Website or on the NousLib Solution at the time of subscription, depending on the device used by the User. The User may change their Subscription plan at any time. In such a case, they must first terminate their current Subscription, then subscribe to the new plan of their choice. The remaining days from the old Subscription will be carried over to the new one.
The Subscription begins on the date of validation of the bank card transaction, for the period selected by the User at the time of subscription.
The User may terminate their Subscription at any time:
- In the case of a Subscription taken out via the NousLib.com Website: from their “My Subscription” page by simply clicking on the unsubscribe link.
- In the case of a Subscription taken out via the App Store or Google Play Store: from their Apple or Google Play Store account.
This procedure cancels the renewal but allows the User to benefit from the remaining days of the Subscription.
At the end of the Subscription, unless terminated by the User, it will be automatically renewed for a period equivalent to that initially chosen by the User at the time of subscribing.
The price of the renewed Subscription will be charged to the User according to the frequency initially chosen at the time of subscription.
The User may terminate the renewed Subscription at any time, under the same conditions as the initial Subscription.
In accordance with Article L215-1 of the French Consumer Code:
“For service contracts concluded for a fixed term with a tacit renewal clause, the service provider shall inform the consumer in writing, by personal letter or dedicated email, at the earliest three months and at the latest one month before the end of the period authorizing the refusal of renewal, of the possibility of not renewing the contract concluded with a tacit renewal clause. This information, provided in clear and understandable terms, shall specify, in an obvious box, the deadline for opting out of renewal.
Where this information has not been provided in accordance with the provisions of the first paragraph, the consumer may terminate the contract free of charge at any time from the date of renewal.
Advance payments made after the last renewal date or, in the case of indefinite contracts, after the date on which the initial fixed-term contract was converted, shall in this case be reimbursed within thirty days from the date of termination, less any amounts corresponding, up to that date, to the performance of the contract.
The provisions of this article apply without prejudice to those that subject certain contracts to specific legal rules regarding consumer information.
By way of exception to the first paragraph of this article, for contracts for the provision of television services within the meaning of Article 2 of Law No. 86-1067 of 30 September 1986 on freedom of communication, and for contracts for the provision of on-demand audiovisual media services, the consumer may terminate the contract free of charge at any time from the first renewal, provided they change residence or their household’s tax situation changes.”
The deletion of the User’s account on NousLib or the removal of the NousLib application from the User’s device does not terminate the Subscription.
Disputes regarding a payment already made must be addressed to customer service if the User was billed directly by NousLib or by the relevant third-party partner, such as the App Store.
Users residing in Germany may terminate their Subscription with one month’s notice after its renewal.
NousLib grants the User a non-exclusive and non-transferable right of use of the Solution. This right may only be exercised by the User for the purposes of using the Solution in accordance with its intended use, as defined in these Terms and Conditions of Use.
This license is granted worldwide and for the duration of these Terms and Conditions of Use.
Any use of the Solution not expressly authorized under these Terms and Conditions of Use is prohibited.
In particular, the User shall refrain from:
modifying, adapting, distorting, translating the Solution, or creating any computer program derived from it
integrating the Solution into another software program
sublicensing, renting, leasing, lending, or transferring this license in any way to a third party
except where required by mandatory legal provisions and notwithstanding any contractual prohibition, engaging in reverse engineering, decompiling, disassembling, or attempting to bypass the source codes of the Solution
allowing another entity or person to access or use the Solution in any way
subject to the provisions above, using or making copies of the Solution for any purpose, except for backup or testing needs
By accepting these Terms and Conditions of Use, the User expressly undertakes to:
not make or disseminate, in any form whatsoever, content that infringes the rights of others or that is defamatory, insulting, obscene, offensive, violent, inciting to violence, political, racist, or xenophobic in nature, or more generally, any content contrary to applicable laws and regulations
not contravene public decency
not infringe upon the privacy of others
not make or disseminate, in any form whatsoever, content that in any way harms the protection of minors
not provide or disseminate, in any form whatsoever, information or content containing links (including hyperlinks) to third-party sites of an illegal nature
not insert or make visible their phone number, postal address, or email address in any sections of the NousLib Solution, except, under their own responsibility, in the context of private exchanges between Users
not mention on the NousLib Solution any personal information provided by another User that could enable one User to contact another without using the NousLib Solution
not use the Solution for purposes of prostitution or solicitation
not use the NousLib Solution for professional or commercial purposes, under any circumstances other than private use
not post or disseminate, in any form whatsoever, information or content that has the effect of slowing down, reducing, and/or preventing the normal operation of the NousLib Solution, including but not limited to software, viruses, Trojan horses, mass messaging, etc.
not advertise another site or service, whether a competitor or not, with the intent of diverting registered Users, or for any other reason, particularly through hyperlinks
not communicate, disseminate, share, or make accessible in any way their login details (username and password) to the NousLib Solution
not infringe upon intellectual property rights (patents, trademarks, domain names, company names, trade names, signs, designs, copyrights, trade secrets) belonging to others
not collect or store personal data relating to other Users
not create a false profile with the aim of deceiving NousLib.com and/or other Users. In the event of doubt about the authenticity of a profile, NousLib may carry out any verification it deems necessary, and it will be up to the User to demonstrate that their profile corresponds to all the information they provided when creating their member account. The User must comply with any procedure required by NousLib, including via videoconference using a webcam. If the User refuses to undergo such verification, NousLib reserves the right to delete the User’s account without any refund being granted. In the event of repeated offenses, the User will no longer be permitted to create a new profile on the NousLib Solution
not include their email, a URL, or their phone number on their profile, whether in the ad, in the “mood of the day,” or elsewhere, and/or state that they are not a subscriber and/or request the contact details of other members and/or redirect them to other sites, whether directly or indirectly
NousLib is firmly committed to protecting minors from any sexual exploitation or abuse. Use of the “NousLib: naughty encounters” Solution is strictly reserved for persons aged 18 and over.
NousLib prohibits the use of the Solution in any way that endangers minors. This includes, without limitation, the promotion of predatory behavior toward minors.
For example:
Inappropriate interactions with a minor (touching, caressing, etc.)
Solicitation of minors for sexual purposes (e.g., befriending a minor online to facilitate online or offline sexual contact and/or exchanging sexual images with them)
Sexualization of minors (e.g., images that depict, encourage, or promote sexual abuse of minors, or any depiction of children likely to lead to their sexual exploitation)
“Sextortion” (e.g., threatening or blackmailing a minor on the pretext of having actual or alleged access to intimate images of them)
Trafficking of minors (e.g., advertising a minor or soliciting a minor for purposes of commercial sexual exploitation)
Any attempt at exploitation, solicitation, or abuse involving minors is strictly prohibited and constitutes a serious breach of these Terms and Conditions. Any violation will result in removal of the content and immediate and permanent suspension of the relevant Subscription, without prior notice, in accordance with NousLib’s moderation policy set out in Article 9.2 of the Terms and Conditions.
In addition, NousLib will immediately report to the competent authorities any illegal or inappropriate behavior involving minors.
If a User encounters content that violates these rules, they are invited to report it to NousLib immediately:
By using the “REPORT” option available from the profile of the member who posted the content or from the messaging interface, and selecting “Content concerning children” in the drop-down menu, or
By email to contact@nouslib.com.
For more information on the content reporting procedure, the User is invited to consult Article 9 of the Terms and Conditions.
NousLib may, on its own initiative or following a report made by a User, delete any content it deems to be in violation of the Terms and Conditions of Use or applicable legislation and/or temporarily or permanently restrict access to the NousLib Solution for any User who fails to comply with the above rules.
NousLib allows each User to report any content that appears to be abusive or in violation of the Terms and Conditions of Use or applicable legislation.
The system implemented by NousLib enables Users to notify any content contrary to these Terms and Conditions, including, but not limited to, content of a racist, commercial, exploitative nature, or inciting child pornography.
To report such content, the User must use the “REPORT” feature and follow the procedure through to confirmation of the notification.
The report must include:
(1) the URL of the unlawful content or any other information allowing the unlawful content to be clearly identified, the grounds for the report, and the contact details of the person making the report
(2) a sufficiently detailed explanation of the reasons why the User claims the information in question is unlawful content
(3) a statement confirming that the User submitting the notification believes, in good faith, that the information and allegations contained therein are accurate and complete
The User reporting disputed content that occurred in the context of private exchanges through the NousLib Solution’s messaging service undertakes to provide NousLib with the full conversation.
If necessary, NousLib reserves the right to access the conversation in question in order to better assess the alleged unlawful nature of the content.
When NousLib receives a report, it will inform the User who posted the reported content.
In the case of a properly submitted notification, NousLib will notify the competent public authorities in cases of glorification of crimes against humanity, incitement to racial hatred, or matters relating to child pornography.
NousLib will in particular notify https://www.pointdecontact.net/, as the competent regional authority, of any confirmed cases of child sexual abuse content detected on NousLib.
Depending on the severity of the violation of the Terms and Conditions of Use or applicable legislation, NousLib may take the following actions:
in all cases, permanent deletion of the content deemed unlawful
in the event of content deemed unlawful by NousLib, temporary suspension of the Subscription of the author of the content. In such cases, NousLib will inform the User of the duration of the suspension
in the event of seriously unlawful content (pedophilia, zoophilia, incest, exploitation, solicitation, or abuse involving minors, etc.), permanent and irrevocable termination of the author’s Subscription
in the event of repeat offenses, for any reason, permanent and irrevocable termination of the author’s Subscription
In addition, NousLib reserves the right to immediately terminate the Subscription of any User whose Subscription has already been terminated by NousLib in the past.
The User may contest NousLib’s decision if they so wish, by replying to the notification email sent to them. Such a contest does not suspend NousLib’s decision to remove the content or block the User’s access to the Solution.
UNDER NO CIRCUMSTANCES SHALL THE DELETION OF CONTENT, THE SUSPENSION, OR THE TERMINATION OF THE SUBSCRIPTION GIVE RISE TO ANY RIGHT TO A REFUND OR COMPENSATION FOR THE USER, even in the event that a court subsequently rules that the content in question was lawful.
The conditions governing the processing of personal data are defined in NousLib’s Privacy Policy.
NousLib provides the storage of signals, writings, images, sounds, or messages of any kind supplied by the recipients of these services. Consequently, NousLib must be regarded as a content hosting provider within the meaning of French law, and in particular of Article 6 of Law No. 2004-575 of June 21, 2004.
In this capacity as a hosting provider, and in accordance with Article 6.I.7 of Law No. 2004-575, NousLib is under no general obligation to monitor.
Nevertheless, NousLib has implemented a notification system allowing Users to report any content (photographs, videos, ads, etc.) that would contravene applicable laws and regulations, as defined in Article 9 of these Terms and Conditions.
NousLib cannot be held responsible for the accuracy or inaccuracy of information provided by other Users of the Solution, nor for any consequences that may result therefrom.
In the event of disclosure or misuse of a User’s login details by/to a third party, the User shall be responsible for all actions or statements made through their personal account, whether fraudulent or not.
Furthermore, NousLib cannot be held liable for any consequences resulting from the disclosure by the User of information, texts, content, images, or videos concerning themselves. By accepting these Terms and Conditions of Use, the User expressly waives any recourse against NousLib on the grounds of violation of their right to image, honor, or privacy resulting from the dissemination or disclosure of information concerning them within the framework of the use of the NousLib Solution.
Should NousLib’s liability be sought in relation to a User’s failure to comply with the law or with these Terms and Conditions, that User undertakes to indemnify and hold NousLib harmless against any judgment pronounced against it.
Finally, NousLib accepts no responsibility in the event of meetings between Users, even if such meetings were made possible through the NousLib.com Solution. In this regard, Users are strongly advised to inform a close contact and to choose a public place for any first in-person meeting.
The User expressly acknowledges that the constraints associated with the Internet do not allow NousLib to guarantee the permanent availability and security of data transmissions on the NousLib Solution.
NousLib cannot be held liable for any malfunction or inability to access the Solution attributable to the User’s internet service provider, network congestion, unsuitable equipment, or any other circumstance beyond NousLib’s control.
Similarly, NousLib cannot be held liable for any malfunction or inability to access the NousLib Solution resulting from maintenance or update operations on the Solution.
More generally, NousLib cannot be held liable to the User for computer errors not attributable to NousLib.
The NousLib Solution is only accessible upon registration, in order to ensure maximum protection of minors, and it actively contributes to raising awareness among parents about protecting their children while browsing the internet.
In this respect, NousLib has been declared to the ICRA (Internet Content Rating Association).
With the exception of photographs, videos, and texts shared in “Private Gallery” mode, the User expressly authorizes NousLib to freely distribute any photograph, video, or text that the User makes accessible on the NousLib.com Website or the NousLib Solution and, from the Website or Solution to all territories, on all electronic communication media (including mobile devices) and on any version and/or adaptation of the Website in smartphone format. Accordingly, the User expressly grants NousLib a license to use the intellectual property rights attached to the content provided. This license notably includes the right, for NousLib, to reproduce, represent, adapt, translate, and digitize content made available by Users (including texts, images, sounds, videos, etc.) on any medium on which the Solution may be distributed.
The User warrants that they hold all rights and authorizations necessary to grant this license.
The User is further informed that, given the intrinsic characteristics of the Internet, data transmitted—including any photograph, video, or text posted online by Users—are not protected against risks of misuse and/or piracy, for which NousLib cannot be held liable. Consequently, it is the User’s responsibility to take all appropriate measures to protect such data.
All components of the NousLib.com Website and the NousLib Solution are the exclusive property of NousLib. Consequently, names, content (other than that posted by Users), graphics, logos, trademarks, designations, features, images, and all other material or software are the exclusive property of NousLib and are protected by intellectual property law as well as any applicable law or regulation.
The content of the NousLib.com Website and the NousLib Solution may not, at any time, be downloaded, copied, altered, deleted, distributed, sold, rented, or exploited in any way without the express written consent of NousLib. Furthermore, Users of the NousLib Solution are not authorized to modify, enhance, edit, translate, decompile, or create one or more derivative works from the content of the Website or the NousLib Solution.
NousLib reserves the right to modify, at any time, all or part of these Terms and Conditions of Use.
The User will be informed of such modifications no later than two (2) months before their effective date.
These modifications apply only to renewed Subscriptions. In the event of Subscription renewal, the User is deemed to have accepted these modifications.
If any provision of these Terms is found to be null and void under applicable law or by a final court decision, it shall be deemed unwritten, without thereby invalidating the Terms and Conditions of Use or affecting the validity of its other provisions.
These Terms and Conditions of Use are governed by and must be interpreted in accordance with French law. Any disputes relating to the interpretation or application of these Terms and Conditions of Use shall be brought before the French courts with jurisdiction over the registered office of NousLib.
However, pursuant to Regulation (EC) No. 593/2008 of the European Parliament and of the Council of 17 June 2008, and in particular Article 6.2 thereof, Users residing outside French territory may benefit from the mandatory provisions in force in their country of residence.
The NousLib.com Website and the NousLib Solution are owned by CBK INTERACTIVE, a Société par Actions Simplifiée with share capital of €21,500, registered with the Paris Trade and Companies Register under number B 485 071 955, with its registered office at 14 Rue Charles V - CS 26154 - 75181 Paris Cedex 04, represented by its President and Director of publication of the NousLib website (email: contact@cbk-interactive.com), EU VAT number: FR52485071955.
For further information, you may send an email to contact@cbk-interactive.com.
For technical assistance, you may contact our moderation service by clicking on “Contact/Help.”
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