Terms of use

Bienvenyou.com (hereinafter "the Bienvenyou Service" or "Bienvenyou" or "the Service") is an online ad service, accessible at www.bienvenyou.com, intended to allow advertisers the possibility to offer products and services to a primarily English-speaking public in France and abroad. To that end, Bienvenyou provides internet users with free consultation to Ads, written in English, as well as the possibility to submit and publish paid Ads online.

These Conditions of Use (hereinafter "COU") govern access, consultation, visualization and more generally the use of the Bienvenyou Service.

These COU are accessibleHERE.

Private and Business Advertisers desiring to publish Ads online ads on Bienvenyou are requested to read and accept the Terms of Sale for Private Advertisers (accessible HERE) or the Terms of Sale for Business Advertisers (available HERE) as applicable.

ARTICLE 1 – DEFINITIONS

"Advertisement or Ad" refers to the set of textual elements – a maximum of 420 characters - graphics (photographs, drawings, logos) and sounds comprised in the message, submitted in English, by an Advertiser under his sole and exclusive authority, to offer, give, buy, rent or sell the product or service, and publish on Bienvenyou.

"Advertiser" refers to (i) a "Private Advertiser", i.e. any physical person, acting exclusively for private purposes unrelated to any business activity, desiring to submit and publish an advertisement online on Bienvenyou and/or (ii) a "Business Advertiser", i.e.: any natural or legal person holder of a SIREN number and/or registered in a company register such as the Registre du Commerce et des Sociétés (RCS) using the Bienvenyou.com service in connection with a business activity.

"Advertiser Account" refers to the private account on Bienvenyou that any Advertiser must create and provide full contact details in order to develop, validate and manage Ads and Options purchased.

"Option(s)" refers to paid graphic or contextual elements, intended to enhance an Ad including but not limited to, bold, underlined title, framed title, insertion of photographs, addition of Business Advertiser’s logo, “share” an Ad with a third party, geolocalization of the product or service listed by the Advertiser.

"User" refers to any person who views the Bienvenyou Service from any medium from which the Service is made available such as all personal computers, digital tablets and mobile phones.

ARTICLE 2 - OBJECT AND ACCEPTANCE

The present COU establish the contractual obligations between the BIENVENYOU S.A.S. and any User desiring to access, consult, visualize, and generally use the Bienvenyou Service, from any medium (personal computer, digital tablet, mobile phone).

Use of the Bienvenyou Service is free except in cases where the Terms of Sale for Private Advertisers (TSPA) or Business Advertisers (TSBA) is applicable.

The use of the Bienvenyou Service adheres the User to full and complete acceptance to the COU in force at the time of connection. Any User not desiring to adhere to the COU in its entirety must refrain from using the Service. The COU applicable are those in effect at the time User connects and uses the Bienvenyou Service.

Bienvenyou reserves the right to modify the Service and the present COU at any time. All modifications are in force immediately upon publication online. Consequently, Users undertake to regularly consult the COU to be made aware of any changes.

ARTICLE 3 – DESCRIPTION OF THE SERVICE

3.1 The Bienvenyou Service provides Users with the free access to Ads written in English, published online by Advertisers, and whose purpose is to offer the goods and services in France and abroad to a primarily English-speaking public.

The Service is comprised of editorial information furnished by Bienvenyou, and Ads written by Advertisers, under their sole and exclusive responsibility, which are hosted by Bienvenyou.

The Bienvenyou Service offers the following services, free of charge, to Users:

- Consultation of all Ads published and available on the Service;

- Consultation of general information regarding French administrative requirements or travel tips;

- The possibility to forward Ads including “sharing” features

- Contact with Advertisers.

The Bienvenyou Service also allows Users to publish Ads online, applicable fees apply. The aforementioned is subject to prior acceptance of the Terms of Sale for Private (TSPA) or Business Advertisers (TSBA), as applicable.

3.2 The Service is reserved for the personal use of the User. Bienvenyou makes no guarantees with respect to the ability of the Service to meet business requirements.

3.3 Access to the Bienvenyou Service requires access to the internet and a medium that provides an internet connection. Connection and equipment charges remain the exclusive responsibility of the User who is responsible for their proper operation, compatibility and optimization in order to access the Bienvenyou Service.

3.4 Ads are drafted by the Advertiser under their exclusive responsibility. All elements of any kind whatsoever (text, image, sound) constituting the contents of the Ad, are chosen by the Advertiser and under the Advertiser's responsibility.

All Ads are published for a seven (7) day renewable period, beginning the date of publication, except in the event of early withdrawal on the part of Advertiser or Bienvenyou.

3.5 Bienvenyou remains free to modify the layout, presentation and graphics of its Service and the sites on which it is made available.

3.6 Bienvenyou remains only decision maker concerning the means of organization of the Ads, Service to Users and the associated advertising. The User cannot, in this regard, assert any claims, action or damages due to the modification or removal of an Ad or whatever editorial context and/or functionality of the Service whatsoever. 

ARTICLE 4 - AVAILABILITY OF SERVICE

It is recalled that the Service is offered free of charge to Users. As such, Bienvenyou under no obligation, either by means or results, to provide a “minimum” of availability of the Service to Users.

In any event, Bienvenyou cannot be held under any obligation of result or to the availability of the Service with respect to the Users who are informed that Bienvenyou is
likely to interrupt the direct or indirect access to the Service for technical or editorial reasons (such as maintenance, update, etc.) , without prior notice or information to the Users.

In no event shall Bienvenyou be held liable for the consequences of such interruptions or downtime for Users.

ARTICLE 5 - USE OF THE SERVICE

5.1 Users are informed that each of the Ads on Bienvenyou appears under the sole and exclusive responsibility of the Advertiser. The Service only provides Ad hosting. Bienvenyou does not intervene in any way of in the writing of Ads, nor in the relationships and transactions between Advertisers and Users.

Bienvenyou cannot be held responsible for Ad content except in where Bienvenyou has been duly informed, under the conditions prescribed by law, of the existence of illegal content within the meaning of the legislation in force, and did not act promptly to remove said content.

5.2 The Ads published have been written in English by Advertisers, the User declares to have a sufficient degree of understanding the English language to understand Ads and content without difficulty.

Bienvenyou assumes no responsibility in the event of misunderstanding or misinterpretation by a User regarding the Ad content. In case of doubt or difficulty in understanding, the User is requested to contact the relevant Advertiser directly.

5.3 All Users agree not to contravene the legislation in force and the legitimate interests of third parties and Bienvenyou and respect the editorial line of the Service. To this end, the User is prohibited from:

- Publishing false, erroneous, misleading, defamatory or offensive content;

- disseminating or making available, via the Service, any messages, texts which contain paedophile images, incite racial hatred, or deny crimes against humanity;

- hacking or engaging in any act of fraudulent collection of personal data;

- breaching legislation relating to intellectual property notably by publishing infringing content (including creation of hyperlinks to websites offering infringing content or by simply providing information relating to such internet sites), private rights and the freedom of the press;

- using, in the framework of classification tools or notation provided on the Service, any automated means which permit a massive voting create an artificial overload of the server;

- usurping the identity of a User;

- interfering or attempting to interfere with the operation or accessibility of the Service or of any other service and/or content accessible on the Internet;

- using the Service to send, in any form whatsoever, any unsolicited advertising or promotional content;

- disseminating unsolicited advertisements ("spam" or "flood"), chain emails or pyramid schemes;

- Spreading viruses, malware or other devices likely to harm Bienvenyou or Bienvenyou Users;

- copying, modifying, or distributing content from Bienvenyou;

- collecting information about the Users, by any means, without their consent, including their e-mail addresses.

- attempting to mislead other Users by usurping an identity, a company name, trade name, or by violating the image or reputation of others, by passing for third party or a person affiliated with Bienvenyou;

- disseminating any content intended to offer products or services prohibited by law or which infringe third party rights.

Bienvenyou reserves the right to suspend or remove a User’s access to the Service in the event a User has not respected any of the aforementioned provisions.

ARTICLE 6 - HYPERLINKS

6.1 Some hyperlinks accessible on the Service may send the User to other websites or other internet sources.

Bienvenyou is not able to monitor and/or control these sites and external sources, the User acknowledges that Bienvenyou cannot be held responsible for the insertion of hyperlinks to websites and external sources, and does not assume any responsibility for the content, advertisements, products, services or other material available on or from these websites or external sources.

Moreover, the User acknowledges that Bienvenyou cannot be held responsible for any loss or damage in connection with the use of content, goods or services available on these sites or external sources.

Bienvenyou cannot also be held responsible in the event that the contents of such sites contravene the legal or regulatory provisions in force. 

6.2 Users are prohibited from setting up hyperlinks to any or all parts of the Bienvenyou Service without prior written authorization from Bienvenyou. Requests can be made to the following address: contact@bienvenyou.com.

Bienvenyou is free to refuse this authorization without justification. In the event Bienvenyou grants its authorization, it is temporary and may be withdrawn at any time, without any obligation to justify the decision on the part of Bienvenyou.

ARTICLE 7 – INTELLECTUAL PROPERTY

Bienvenyou is the owner of all elements (texts, images, photographs, sound, software, icons, graphics, layout, database, trademarks, logos, etc.) including structure and editorial content on the Bienvenyou Service, all of which are protected by intellectual property law: copyright, trademark, data base producers, etc., with the exception of Ad content of which the Advertisers are owners or licensees and for which the publication of same is under their exclusive responsibility.

Thus, any reproduction, representation, adaptation, translation and/or partial transformation or full, or imitation of any element of the Service cannot take place without the express prior consent of Bienvenyou or, as concerns Ads content, the relevant Advertiser or any person thereby authorized.

Bienvenyou is the owner of the Bienvenyou trademark. Therefore any reproduction, imitation or use of the Bienvenyou mark is prohibited without prior written permission of Bienvenyou.

SECTION 8 - PERSONAL DATA

As previously indicated access and use of certain features of the Service are reserved exclusively for Advertisers. The creation on an Advertiser Account involves the communication of personal data to Bienvenyou. The User is informed that the refusal to disclose mandatory information during the registration process will impede the account creation and the use of some features.

Bienvenyou is responsible for the processing of personal data transmitted by Advertisers and, where appropriate, by other Users, and which is necessary for the use of the Service.

Bienvenyou processes and uses personal data exclusively for the purposes of processing and monitoring of Ads and managing the Bienvenyou Service.

In accordance with law no. 78-17 of 6 January 1978 relating to information technology, files and freedoms, Bienvenyou has declared its handling of personal data within the aforementioned framework to the CNIL - Commission nationale de l’informatique et des libertés (declaration number: 1698869).

Users are informed that, pursuant to the legislation in force, Bienvenyou may be required to disclose all or part of their personal data as well as their login information to the judicial authorities upon request.

In accordance with the provisions of law no. 78-17 of 6 January 1978 "Informatique et Liberté", all Users have a right to access, object and correct their personal data held by Bienvenyou. A User can exercise this right by writing to the following address: BIENVENYOU, 4 rue Georges Berger 75017 Paris. In accordance with decree No. 2007-451 of 25 March 2007 applying the aforementioned Act of 6 January 1978, Users requests must be made in writing, signed and accompanied with a photocopy of an identity card bearing the signature of the holder. The request must specify the address to which the reply must be sent.

Bienvenyou will have a period of 2 (two) months with in which to respond following the receipt of the request.

Bienvenyou may use HTTP cookies, which are low volume data files containing identifiers transmitted by Bienvenyou to a User’s web browser and stored on the User's hard drive. These cookies allow the Service to carry out statistical studies on the global audience of the site each time the User visits the site, to identify User when appropriate, study navigation and the path of a User within the different sections of the Service in order to customize and improve Bienvenyou’s organization and content display.

The User can refuse the installation and use of cookies by configuring his web browser. However, Users are informed that this may render access to and use of certain services or sections of the Bienvenyou impossible. 

ARTICLE 9 - FORCE MAJEURE

Circumstances considered as cases of force majeure, are those usually accepted by the case law of the Court of Cassation and/or within the meaning of article 1148 of the French Code Civil.

Bienvenyou cannot be held liable to the Advertiser for any failure of the Service due to force majeure or individual acts by the Advertiser.

ARTICLE 10 - ABUSE

10.1 The Bienvenyou Service stores Ads and does not intervene in any way in content of the Ads which are the exclusive responsibility of the Advertisers concerned.

Bienvenyou is under no general obligation to monitor the content of the Ads it stores, or the content of websites or files to which the Ad content is connected.

10.2 Nevertheless, all Users can report, under the conditions prescribed by law, abusive content by clicking on the “Contact” link or by writing directly to the email address contact@bienvenyou.comor to the following postal address: S.A.S. BIENVENYOU, 4 rue Georges Berger, 75017 Paris.

Any report of abuse should allow Bienvenyou to identify the specific content and the reason for the report; Bienvenyou may, if necessary, request that the User provide details and all relevant supporting documents in order to assess the reported acts. The User undertakes to provide his full support in this regard.

A report will include the following:

- The contact details of the sender: last name, first name, address, nationality, date and place of birth;

- A description and location of the targeted content - in particular the relevant URL;

- The legal basis justifying the report and removal of same;

- The copy of the prior request addressed to the author of the content. 

ARTICLE 11 - MISCELLANEOUS PROVISIONS

In the event where one of the provisions contained in these COU is found to be illegal, invalid or unenforceable, for any reason whatsoever, it will be considered as though it had not been written and the other provisions of these COU will remain in force and will continue to apply between Users and Bienvenyou. 

ARTICLE 12 – APPLICABLE LAW AND COURTS

These terms are governed by French law. Failing an amicable settlement, any dispute relating to their validity, their interpretation or their execution falls to the French courts.

ARTICLE 13 - LEGAL INFORMATION AND CONTACT DETAILS

The Service Bienvenyou is accessible from the URL http://www.bienvenyou.comand from any other address designated by BIENVENYOU.

The Service is published by BIENVENYOU S.A.S, 4 rue Georges Berger 75017 Paris, registered with the Register of Trade and Companies of Paris under the number 793 221 409 (VAT number: FR02 793221409), and whose President is Mr Marc VIDAL.

For questions about the company or the Bienvenyou Service, please call 01 47 00 59 70 or send your questions by email to: contact@bienvenyou.com.

The website's Director of Publication is Mr Marc VIDAL. The Editorial Director is Mr Tony McHUGH.

The Bienvenyou Service is hosted by:

IMAGE POINT COM
6 avenue du Vieil Etang
78180 Montigny-le-Bretonneux