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 sofeminine.co.uk
Community Services Terms and Conditions of Use

1. YOUR RELATIONSHIP WITH sofeminine

These rules (the “Rules”) and our Privacy Policy set out the terms of use which apply to all users of the blogs, albums, videos, forums, chat and My World (the “Community Services”) on www.sofeminine.co.uk and www.aufeminin.com (the “Website”) and any related sites operated by companies within the sofeminine group (i.e. sofeminine.co.uk Limited and auFeminin.com SA, together referred to as “sofeminine”). Any submission of material by you to the Community Services means that you accept, and agree to abide by, all the terms and conditions of these Rules and the Privacy Policy. The Website and/or the Community Services are not available for use by any user who does not accept the Rules and the Privacy Policy in their entirety. These Rules and the Privacy Policy form a legally binding agreement between you and sofeminine in relation to your use of the Community Services. It is important that you take the time to read them carefully. However, you may not use the Community Services and may not accept the Rules and the Privacy Policy if (a) you are not of legal age to form a binding contract with sofeminine, or (b) you are a person who is either barred or otherwise legally prohibited from receiving or using the Community Services under the laws of the country in which you are resident or from which you access or use the Community Services. These Community Services are for your benefit. Remember that this is your community! We encourage and promote freedom of expression and an environment where users should feel free to be able to contribute and share their opinions and views, subject of course to these Rules and the Privacy Policy. You should print off or save a copy of the Rules and the Privacy Policy for your records. Please refer to the Basic Guidelines (appended below) for further guidance on the meaning of these Rules and for guidance on appropriate conduct when using the Website.

2. CHANGES TO THE RULES AND THE PRIVACY POLICY

sofeminine may make changes to the Rules and the Privacy Policy from time to time. When these changes are made, a new copy of the Rules and the Privacy Policy will be available here. You understand and agree that if you use the Community Services after the date on which the Rules and the Privacy Policy have changed sofeminine will treat your use as acceptance of the updated Rules and Privacy Policy. As part of this continuing innovation, you acknowledge and agree that sofeminine may cease (permanently or temporarily) providing the Community Services (or any features within the Community Services) to you or to users generally at sofeminine’s sole discretion, without prior notice to you. You may stop using the Community Services at any time. You agree that you are solely responsible for (and that sofeminine has no responsibility to you or to any third party for) any breach of your obligations under the Rules and/or the local legal obligations of any country that your comments can be read and/or for the consequences of any such breach. You should check the Rules and the Privacy Policy regularly for changes.

3. GENERAL RESTRICTIONS ON USE

3.1

sofeminine hereby grants you permission to access and use the Website and the Community Services; subject to the following express conditions, and your agreement that your failure to adhere to any of these conditions (but without limitation to these conditions), shall constitute a breach of these Rules on your part:

  3.1.1

you agree not to distribute any part of or parts or the whole of the Website, including but not limited to any contributions submitted to the Community Services, by you or any other person (“Contributions”), in any medium without prior written authorisation from sofeminine addressed personally to you;

  3.1.2

you agree not to alter or modify the whole or any part of the Website or any of the Community Services;

  3.1.3

you agree not to access other users’ Contributions and their registration accounts or content made available on the Website without authorisation from sofeminine addressed personally to you;

  3.1.4

you agree not to (nor attempt to) circumvent, disable or otherwise interfere with any security related features of the Website;

  3.1.5 you agree not to use the Website or any Community Services for any commercial use, without the prior written authorisation of the sofeminine addressed personally to you. Prohibited commercial uses shall include, without limitation:
  i. the resale of access to the Website or any of the Community Services on another website for the primary or incidental purpose of gaining advertising or subscription revenue; and
  ii. the redistribution of the Community Services or website (in whole or in part) for the primary or incidental purpose of generating revenue from a substantially similar or comparable business enterprise;
  3.1.6 you agree not to collect or harvest any personal data of any user of the Website and/or any Community Service;
  3.1.7 you agree not to use the Website or the Community Services for the solicitation of business in the course of trade or in connection with a commercial enterprise; and/or
   3.1.8 you agree not to solicit, for commercial purposes, any users of the Website with respect to their Contributions.
3.2 You agree that you will comply with all of the other provisions of the Rules and the Privacy Policy and the Basic Guidelines at all times during your use of the Community Services.

4. COMMUNITY SERVICES

4.1

Our Community Services are not moderated before publication. We will not be responsible as author, editor or publisher of Contributions and we expressly exclude our liability for any loss or damage arising from the use of the Community Services by any person in contravention of these Rules.

4.2

We reserve the right to promptly remove, or to disable access to, any Contribution for any reason without notice to you, and in particular those which we deem to be potentially defamatory of any person, unlawful or in violation of any third party rights.

4.3

You understand and agree that you are solely responsible for your own Contributions and the consequences of posting or publishing them.

4.4

sofeminine does not endorse any Contributions or any opinion, recommendation, or advice expressed therein, and (subject to Clause 12.1) sofeminine expressly disclaims any and all liability in connection with Contributions.

4.5

If you are concerned or upset by any Contributions, please bring it to our attention by clicking on the Alert Button!

5. CONTENT STANDARDS

5.1

These Content Standards apply to each part of a Contribution as well as to its whole. The Content Standards must be complied with and sofeminine will determine, in its discretion, whether a Contribution breaches the Content Standards.

5.2

A Contribution must:

  5.2.1

be accurate (where it states facts);

  5.2.2

be genuinely held and not malicious (where it states opinions); and

  5.2.3

comply with the law applicable in England and Wales and in any country from which it is posted and may be accessed.

5.3 A Contribution must not:
  5.3.1 be defamatory of any person and/or amount to a malicious falsehood;
  5.3.2 be obscene, offensive, hateful or extremist;
  5.3.3 be likely to harass or to cause offense;
  5.3.4 promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, gender identity or age;
  5.3.5 disclose the name, address, telephone, mobile or fax number, e-mail address or any other personal data in respect of any individual or corporate entity;
   5.3.6 infringe any copyright, database right or trade mark of any third party;
   5.3.7 breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
   5.3.8 impersonate any person, or misrepresent your identity or affiliation with any person;
   5.3.9 give the impression that the Contribution emanates from sofeminine if this is not the case;
   5.3.10 advocate, promote, incite any third party to commit, or assist any unlawful or criminal act;
   5.3.11 promote anorexia (advertising, vomiting or extreme weight loss or any other eating disorder or medical condition); or
   5.3.12 contain any advertising or promote any services or web links to other sites.
5.4 When publishing your Contributions, you warrant as follows:
  5.4.1 that you own all of the content and information you post on the Website;
  5.4.2 for content that is covered by intellectual property rights, like photos and videos ("IP content"), you specifically give sofeminine the following permission:

 

 

(a) you grant sofeminine a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with the Website ("IP License"); and
(b) the IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
  5.4.3 When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time.

6. CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT

6.1

6.1 sofeminine is committed to protecting the intellectual property of third parties. To report a copyright infringement by a sofeminine user, all you need to do is email us at team@sofeminine.co.uk. This is the fastest way to report a copyright infringement. Although we will review reports in all languages, it will speed our review if you can submit your report in English or French.

7. BREACH OF THESE RULES

7.1

When we consider that a breach of the Content Standards has occurred, we may at our discretion take such action as we deem appropriate. Failure to comply with these Rules constitutes a material breach of the terms of use on which you are permitted to use the Community Services, and may result in our taking all or any of the following actions:

 

7.1.1

immediate, temporary or permanent removal of any Contribution already posted in the Community;

 

7.1.2

issue of a warning to you or immediate, temporary or permanent withdrawal of your right to use the Community Services;

 

7.1.3

legal proceedings against you for reimbursement of all costs on an indemnity or any other basis (including, but not limited to, reasonable administrative and legal costs) and/or losses resulting from the breach; and/or

 

7.1.4

disclosure of such information to criminal or civil law enforcement authorities as we reasonably feel is appropriate.

7.2

Subject to Clause 12.1, we exclude our liability for all action we may take in response to breaches of these Rules. The actions described above are not limited, and we may take any other action we reasonably deem appropriate.

8. COMPLAINTS

8.1

8.1 If you wish to complain about any Contributions posted on the Website, please contact us here: http://www.sofeminine.co.uk/communaute/contact/reclamation.asp?reclamation=1. We will then review the Contribution and decide whether it complies with our Content Standards outlined in Clause 5 (above). We will deal with any Contributions which, in our opinion, violate our Content Standards. We will ordinarily inform you of the outcome of our review within a reasonable time of receiving your complaint.

9. LINKS

9.1

The Community Services may include hyperlinks to other web sites that are not owned or controlled by sofeminine has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites.

9.2

You acknowledge and agree that sofeminine is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.

9.3

You acknowledge and agree that sofeminine is not liable, subject to Clause 12.1, for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.

9.4

sofeminine encourages you to be aware when you leave the sofeminine website and to read the terms and conditions and privacy policy of each other website that you visit.

10. ADVERTISING

10.1

To place a personal ad, head to the forums which have been specifically created for this purpose. These forums are intended for individuals’ classified ads and non profit-making ads:

Your Classified Ads – Beauty and Fashion
http://www.sofeminine.co.uk/forum/show1_f53_1/fashion-beauty/classified-ads-beauty.html

Your Classified Ads - Pregnancy and Babies (Clothes, Car Seats, Prams…)
http://www.sofeminine.co.uk/forum/show1_f63_1/having-a-baby-parenting/classified-ads-pregnancy-babies.html

Your Classified Ads – General http://www.sofeminine.co.uk/forum/show1_f92_1/lifestyle-current-affairs/classified-ads-general.html

10.2

Aside from personal and non-commercial ads, all other advertising is strictly forbidden. If you are interested in purchasing advertising space on the Website, please contact our advertising team: http://www.sofeminine.co.uk/communaute/contact/contact1.asp

10.3

The following are forbidden on the Website:

 

10.3.1

misleading or bogus advertising, pyramid or any other unlawful money-making schemes;

 

10.3.2

the sale of illegal, unlawful, counterfeit or stolen products

 

10.3.3

the sale of medication, organs, human beings, etc.; and

10.4

Any advertisements which promote illegal products or encourage illegal behaviour.

11. ENDING YOUR RELATIONSHIP

11.1

The Rules will continue to apply until terminated by either you or sofeminine as set out below

11.2

If you want to terminate your legal agreement with sofeminine, you may do so by (a) notifying sofeminine at any time and (b) closing your sofeminine account.

11.3

sofeminine may at any time, terminate its legal agreement with you if:

 

11.3.1

you have breached any provision of the Rules or the Privacy Policy (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Rules or the Privacy Policy);

 

11.3.2

sofeminine is required to do so by law; and/or

 

11.3.3

sofeminine no longer provides the Community Services to users in the country in which you are resident or from which you use the Community Services, or is changing to no longer provide the Community Services in your jurisdiction.

11.4

When these Rules come to an end, any accrued legal rights, obligations and liabilities which you and/or sofeminine have been subject to (or which have accrued over time whilst the Rules have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation.

11.5

Following termination of the contract between you and sofeminine we reserve the right to terminate and close down your account with us.

12. EXCLUSION OF WARRANTIES

12.1

Nothing in the Rules or the Privacy Policy shall affect any statutory rights which you are always entitled to as a consumer and that you cannot contractually agree to alter or waive.

12.2

In particular sofeminine does not represent or warrant to you that:

 

12.2.1

your use of the Website or Community Services will meet your requirements;

 

12.2.2

your use of the Website or Community Services will be uninterrupted, timely, secure or free from error;

 

12.2.3

any information obtained by you as a result of your use of the Website or Community Services will be accurate or reliable; and/or

 

12.2.4

that defects in the operation or functionality of any software provided to you as part of the Website or Community Services will be corrected.

12.3

Subject to 11.1, no conditions, warranties or other terms apply to the Website or Community Services except to the extent that they are expressly set out in these Rules.

13. LIMITATION OF LIABILITY

13.1

Nothing in these Rules or the Privacy Policy shall exclude or limit liability for losses which may not be lawfully excluded or limited by applicable law, including but not limited to, in the United Kingdom, liability for death and personal injury arising from negligence and for fraud.

13.2

Subject to the overall provision in paragraph 12.1 above sofeminine shall not be liable to you for

 

13.2.2

any loss or damage which may be incurred by you as a result of:

(i) any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the Community Services;

(ii) any changes which sofeminine may make to the Website and/or Community Services, or for any permanent or temporary cessation in the provision of the Website and/or Community Services;

(iii) the deletion of, corruption of, or failure to store, any Contributions or other communications data maintained or transmitted by or through your use of the Services;

(iv) your failure to provide sofeminine with accurate account information;

(v) your failure to keep your password or sofeminine account details secure and confidential.

13.3

The limitations on sofeminine’s liability to you in paragraph 12.2 above shall apply whether or not sofeminine has been advised of or should have been aware of the possibility of any such losses arising.

14. GENERAL LEGAL TERMS



14.1

These Rules (and the Basic Guidelines below) and the Privacy Policy constitute the whole legal agreement between you and sofeminine and govern your use of the Community Services.

14.2

You agree that sofeminine may provide you with notices, including those regarding changes to the Rules or Privacy Policy, by email, regular mail, or postings on the Website.

14.3

You agree that if sofeminine does not exercise or enforce any legal right or remedy which is contained in the Rules or Privacy Policy this will not be taken to be a formal waiver of sofeminine’s rights.

14.4

If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Rules or of the Privacy Policy is invalid, then that provision will be removed from the Rules (or Privacy Policy) without affecting the rest of the Terms. The remaining provisions of the Rules and Privacy Policy will continue to be valid and enforceable.

14.5

You acknowledge and agree that each member of the group of companies of which sofeminine is a part shall be third party beneficiaries to the Rules and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Rules which confers a benefit on (or rights in favour of) them. Other than this, no other person or company shall be a third party beneficiary of the Rules.

14.6

These Rules and the Privacy Policy, and your relationship with sofeminine under these Rules, shall be governed by English law. You and sofeminine agree to submit to the exclusive jurisdiction of the courts of England to resolve any legal matter arising from these Rules or Privacy Policy. Notwithstanding this, you agree that sofeminine shall still be allowed to apply for injunctive remedies (or other equivalent types of urgent legal remedy) in any jurisdiction.

sofeminine.co.uk Basic Guidelines
on Website Use
 

1. Basic Guidelines:

The Community Services allow you to discuss and share your experiences with other users, find answers to your questions, get to know other people, and much more.

2. Netiquette

These Community Services are for your benefit. Remember that this is your community! We encourage and promote freedom of expression and an environment where users should feel free to be able to contribute and share their opinions and views freely. Each and every user of the Website makes up what it is, so don't be afraid to get involved.

  • Have fun with the site. Always remember to use it responsibly and respectfully and in accordance with the Rules. We trust you to be responsible and millions of users respect that trust, so please be one of them.

  • Let people know what you think. Feedback's part of the experience, and can be way to make friends, share stories and improve the quality of the Community Services. Therefore, please feel free to leave your comments and comment on issues or videos or albums within the Community Services which affect you.
  • You may not like everything you see. Some of the content may offend you—if you find content that violates our Rules, then please click the alert button:
  • 3. Don't Cross the Line

    Here are some common-sense tips that will help you steer clear of trouble:

  • The Website is not for pornography or sexually explicit content. If this describes your video, even if it's a video of yourself, don't post it on the Website. In addition, please be advised that we work closely with law enforcement agencies and we report child exploitation.
  • Don't post Contributions to our forums showing or describing things like animal abuse, drug abuse or bomb making.
  • Graphic or gratuitous violence is not allowed.
  • Respect copyright. Only upload Contributions which are made up of content that you made or composed or that you are authorised to use.
  • We encourage free speech and defend everyone's right to express unpopular points of view. But we do not permit hate speech (speech which attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, veteran status and sexual orientation/gender identity).
  • There is zero tolerance of predatory behaviour, stalking, threats, harassment, invading privacy or the revealing of other members' personal information. Anyone caught doing these things may be permanently banned from the Website.
  • 4. Politeness

    (a)

    when you address another user, be polite, tactful and don’t give orders;

    (b)

    if someone annoys you, the best thing to do is ignore their messages, or simply blacklist them;

    (c)

    capital letters are for SHOUTING, don’t use them too often;

    (d)

    pay attention to your spelling and avoid using text message language, people will understand you better that way; and

    (e)

    insults and rude remarks are forbidden.

    5. Personal information

    We recommend that you never give out your postal address, email, telephone number or any other personal information directly in the Website or any of the Community Services. If you wish to speak with another user, use the private message service by clicking on the private message button: /communaute/forum/imforum/faq/mess_prive.gif Please remember that the blogs, albums, forums and chat rooms are public areas and information in them is stored in search engines. To avoid any intrusion of your privacy, be cautious about the information that you give out.

    6. Spam and advertising

    Everyone hates spam. Do not create misleading descriptions, tags, titles or thumbnails in order to increase views. It's not OK to post large amounts of untargeted, unwanted or repetitive content, including comments and private messages.

    Please remember that there are dedicated boards in the forums for posting personal ads.

    With the exception of these boards, advertising is forbidden. For more information on this, please see the section entitled “Advertising” in the Rules.

    It’s no use posting the same message several times or posting the same discussion more than once. If nobody replies to you, it could be for one or more of the following reasons:

    (a)

    your question has already been posted several times in the forum. Try searching for answers in existing discussions by using the search button

    (b)

    other users maybe don’t know the answer. Take a look at some of the articles on the Website or its sister sites for our journalists’ responses.

    (c)

    your question is difficult to understand because it’s not very clear or it’s not precise enough. Rephrase your question so it’s simpler and more specific!

    (d)

    you’ve written in text message language and nobody understands you.

    (e)

    you haven’t said “hello” or “please”, you’ve written in capitals or you’ve made too many spelling mistakes.

    (f)

    your question bears no relation to the forum that you posted it in. Try posting in a more relevant forum.

    (g)

    you were bad-mannered in the forums in the past and people don’t want to talk to you anymore.

    7. Alerting us about improper website content

    This feature allows you to inform us of any insulting, disturbing or defamatory comments, commercial advertising, breach of the Rules, etc. Alert us by clicking on the alert button:

    We recommend that you never give out your postal address, email, telephone number or any other personal information directly in the forums.
    If you wish to speak with another user, use the private message service by clicking on the private message button:

    We will be automatically alerted and will deal with the request. Don’t worry if you don’t receive a personal response from us. Don’t abuse the alert button!

    8. Why have I been banned?

    We may delete profiles for any of the following reasons: 

    (a)

    you haven’t respected the Rules;

    (b)

    one or more users have complained about your behaviour;

    (c)

    you have been advertising or spamming excessively;

    (d)

    you have advertised products/services that are forbidden (commercial, paid services, etc); or

    (e)

    you have written about forbidden subjects.

    All of these reasons are serious. If you don’t respect the Rules, your profile will be banned, along with all albums, blogs, videos, comments and posts that are linked to your profile. Please take these Rules seriously and take them to heart - just understand them and try to respect the spirit in which they were created. Violations of the Rules may result in a warning notification or termination of your account. If your account is terminated you are prohibited from creating any new accounts




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