Subject
The present “general terms of use” focus on the legal framework of the use of the Goody website and its services.
This contract is between:
The operating company of the website, hereinafter referred to as « the Publisher »,
Any natural or legal person wishing to access the website and its services, hereinafter referred to as “the User”.
The general conditions of use must be accepted by any User, and his access to the website constitutes acceptance of these conditions.
Legal Disclaimer
The company AZ BOUTIQUE is a Limited Liability Company with a capital of 100 000 euros, registered in the Trade and Companies Register of Nîmes bearing number 513 706 689 and whose head office is located at 45 rue Gilles Roberval – 30900 NIMES – FRANCE.
Contact Numbers (Head office):
- Tel. : 04 48 06 02 70
- Tel. International : +33 (0)448 060 270
- Fax : 09 72 12 67 40
Open from Monday to Friday (except bank holidays) as from 8am to 5pm (Paris time).
Website information:
- E-mail: support@goody.buzz
- Website: www.goody.buzz
- Managing Director: Michèle Debecker
- Website Administrator: Julien Debecker
Web Hosting:
Amazon Web Services, Inc., headquartered at 410 Terry Ave North Seattle, WA, 98109-5210 – USA, ensures hosting for this site.
Access to services
Through his website, the Publisher gives the opportunity to the User to access the services. This include but is not limited to the User having access to textual, graphic, audio or audiovisual content related generally to the kitchen and more broadly to any field related thereto.
Any user having access to the internet can access the website for free from anywhere. The costs incurred by the User to access them (internet connection, computer equipment, etc.) are not the responsibility of the Publisher.
Access to certain services of Goody requires that the User creates a user account by providing his email address and possibly his name and surname in case of registration via Facebook.
The website and its various services may be interrupted or suspended by the Publisher, in particular during a maintenance, without obligation of notice or justification.
Creating a User Account
When creating his User account, the User agrees to provide true, accurate, up-to-date and complete information. In the event that the User provides false, inaccurate, outdated, incomplete or misleading information, the Publisher may, without notice or indemnity, suspend or terminate the concerned User’s Account and temporarily or permanently prevent him from accessing all or part of the online services.
The User agrees not to use a pseudonym that could infringe the rights of third parties (including use of the surname, pseudonym, brands, or works protected by copyright and/or any right related to copyright) for whatever reason and on whatever basis.
Upon registration, the User will be required to choose and indicate his/her personal and confidential access codes which will be used to identify him/her and to allow a faster connection when he/she is using the Services. The User acknowledges full responsibility for maintaining the confidential nature of these access codes.
Creation of an account and use of services by minors
It is reminded that the access and the participation of a minor to this website must be made with the authorization of the parents and mainly of any person exercising the parental authority.
Holders of parental authority are invited to remain vigilant regarding access to the Services offered by the Publisher and the use made of them by minors under their authority. It is therefore their responsibility to bear in mind that the Services are intended to reach a wide audience and that in their role as legal guardian, they must determine which Service is or is not appropriate for minors and obviously monitor the use they make of it.
The Editor draws the attention of the User on the need to remain vigilant and on the possibility of contacting a moderator at any time by sending an email to support@goody.buzz to report any behavior or non-compliant rules of good conduct or that may be dangerous for Users, especially if they are minors.
Technical Responsibility of the User
The User is responsible for the risks associated with the use of his login and password. In case of fraudulent use of his password, the User undertakes to inform the Publisher immediately of the unauthorized use of his account. The User is solely responsible for the use of his User account ; any connection or data transmission made using any Service will be deemed to have been made by the User under his exclusive responsibility. It is also specified that the User is fully and exclusively responsible for the use of the Service by himself and by any third party whatsoever.
The password of the User must therefore remain confidential. In case of password disclosure, the Publisher declines all responsibility.
The User should take full responsibility for the use he makes of the information and content on the Goody website.
Any use of the Goody Services by the User directly or indirectly resulting in damages must be compensated in favour of the Publisher.
Technical Responsibility of the Website Publisher
Any malfunction of the server or the network shall not engage the responsibility of the Publisher.
In the same way, the Editor’s shall not take responsibility in case of force majeure or the unpredictable and insurmountable act of a third party.
The Publisher undertakes to implement all the necessary means to guarantee the security and confidentiality of the data. However, he does not guarantee absolute security.
Responsibility for the content
The documents and information contained on the website are provided for informational purposes only and cannot in any way engage the responsibility of the Publisher.
The Publisher reserves the right of not providing any guarantee on the reliability of the sources, although the information published on the website is deemed reliable.
The Publisher thus disclaims any liability with regard to the information on this website especially regarding all content posted online by the Users of the website, in particular the origin of the published recipes. The Publisher may not be held responsible for the result of a recipe on the website and it is the responsibility of Users to ensure that there are no risks from the preparation or consumption of resulting products.
The User is responsible for its contents and must ensure the possession of all intellectual and industrial property rights, or otherwise, the authorizations and licenses relating thereto, relating to the elements that it uses, disseminates and publishes on this site. This includes but is not limited to textual, graphic, audio, audiovisual creations, etc. For example, it is not possible to use a logo/image without any rights as well as a movie clip or an advertisement.
The User is informed that any allegation or imputation of a fact which affects the honor or the reputation of the person or the body to which the act is attributed constitutes defamation. Slanderous, abusive or racist statements about a person, can lead to a ban and criminal prosecution. Obscene, pronographic and violent content is also prohibited.
If despite the precautions taken, if the Publisher is informed of a counterfeit or illegal content, this would be removed without delay, without this engaging responsibility of the Publisher for any reason whatsoever.
Website moderation
When the moderator is alerted by a User or by a member of the website team, the latter takes all the measures deemed necessary to prevent the renewal of these behaviors and may in particular ban their authors from the website. In the most serious cases, the moderator may similarly transmit the items reported to the competent authorities. Users may also report illegal content or behavior via the website set up by the French government: www.internet-signalement.gouv.fr.
Without limitation, we request Users to report to the moderator:
- Proposals or content of a sexual or pornographic nature in whatsoever form (image, text, …),
- Words expressing a desire to commit an illegal or dangerous act,
- Words that promote risky behavior, whether illegal or not in accordance with the rules of good behavior,
- Any suicidal behavior or the words of a User expressing distress or a situation that may be life threatening.
Intellectual Property
The contents of the Goody website (logos, texts, graphic elements, videos, sound elements, etc.) are protected by copyright under the Intellectual Property Code.
Any content posted on the website by a surfer becomes the property of the Publisher. Consequently, by posting on the website, the User assigns to the Publisher the non-exclusive and free right to represent, reproduce, adapt, modify and distribute its publication, directly or by an authorized third party.
Copying all or part of this website for purposes other than private on paper or electronic, online or offline, or the use of its contents is prohibited without the explicit authorization of the Publisher.
The User is fully responsible for any content he/she uploads and he/she agrees not to infringe on a third party.
The Publisher of the site reserves the right to moderate or delete freely and at any time the content posted by users, without justification.
Personal data
The User must provide personal information to register on the website.
The user’s e-mail address may notably be used by the Goody website for the communication of various information and the management of the account.
In accordance with the French Law No. 78-17 of 6th January 1978 relating to Information Technology, files and Civil Liberties and the data protection Regulation, the Publisher has established a confidentiality charter. For more information about the Publisher’s policy regarding the protection of personal data and to find out more about its rights and the use made of its personal data, the User is invited to consult the confidentiality charter found on the Goody website.
The website is subject to a declaration to the CNIL (French date protection authority) under number 2184590.
Under Articles 39 and 40 of the French law dated 6th January 1978, the User has a right to access, rectify, delete and oppose his personal data. The User may exercise this right through:
- The website’s contact form ;
- An email sent at support@goody.buzz;
- A letter sent to AZ BOUTIQUE, 45 rue Gilles Roberval, 30900 Nîmes, France.
Hypertext link
The domains to which the hypertext links on the site lead do not engage the responsibility of the Goody’s Editor, who has no control over these links.
Without prejudice to the Publisher, it is possible for a third party to create a link to a page of the website without the latter’s authorization.
Updated Terms of Use
The Publisher reserves the right to modify the clauses of these terms of use at any time, without justification and without prior notice. The user is therefore invited to consult them regularly.
Contract duration of website and services usage
The duration of this contract is indefinite. The contract takes effect with respect to the User as from the beginning of the use of service
Applicable law and jurisdiction
The current terms of use are governed by the French law and are written in French. If it is translated into one or more other languages, the French version shall be the only authoritative text in the event of a dispute.
In case of any litigation that may arise regarding the validity, interpretation, execution or termination of the Terms of Use, their consequences and implications shall be submitted to the Court of Nîmes or Montpellier.