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Effective June 9th, 2019. Welcome! We are delighted that you have decided to use Dunk Me® and our other products and services, which we simply call "Services". We have written these Terms and Conditions (which we call the "Terms") so that you have full knowledge of the rules that govern your relationship with us. We have done our utmost to avoid legal jargon, but be aware that these Terms are read like a traditional contract. There is a good reason for this: these Terms are indeed a binding contract between you and Social Dunking. We invite you to read them carefully. The use of our Services implies your acceptance of these Terms. Of course, if you do not accept them you should not use the Services. Acceptance of these Terms of Use commits you to accept those of our mobile payment partner MANGOPAY available here. In addition, we invite you to consult their rates and thresholds here regarding the use of a MANGOPAY account for settlement purposes on the mobile application Dunk Me® NOTICE ABOUT ARBITRATION: THESE TERMS CONTAIN AN ARBITRATION CLAUSE THAT FIGURE FURTHER IN THE CONDITIONS. EXCEPT FOR CERTAIN TYPES OF DISPUTES REFERRED TO IN THIS ARBITRATION CLAUSE, YOU AND SOCIAL DUNKING AGREE THAT THE DISPUTES BETWEEN US ARE RESOLVED BY A MANDATORY AND ENFORCING ARBITRATION, AND YOU AND SOCIAL DUNKING WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION BEFORE THE COURTS OR TO A COLLECTIVE ARBITRATION. 1. Who Can Use the Services : People under 13 years old are not allowed to create an account or use the Services. We may offer other Services subject to other conditions and for which the age limit may be higher. Please read all clauses carefully. By using the Services, you represent that: • You have the ability to enter into a binding contract with Social Dunking. • You are not prohibited from using the Services under the laws in force in France or any other country, that is, you are not included in the list of specially designated nationals. of the Ministry of the Interior, or that you are not subject to any other such prohibition. • You will abide by these Terms and any applicable laws, rules and regulations at local, regional, national or international level. If you use the Services on behalf of a business or other entity, you represent that you are authorized to grant all rights set forth in these Terms and that you agree to these Terms on behalf of the business or entity . 2. Your Rights Social Dunking grants you a personal, worldwide, royalty-free, non-transferable, non-exclusive, revocable, and non-sublicensable license to access and use the Services. of these. This license is for the sole purpose of allowing you to use and enjoy the benefits of the Service in accordance with these Terms. The software that we provide to you can automatically download and install upgrades and updates, or other new features. You can adjust and adjust these automatic downloads in your device settings. You may not copy, modify, distribute, sell, or rent any or all of our Services, reverse engineer or attempt to extract software source code, unless applicable law prohibits such restrictions, or if we have given you our written permission. 3. Our Rights Many of our Services allow you to create, upload, publish, send, receive and store content. When you do, you retain all the ownership rights to these contents. However, you grant us a license to use these contents. The scope of this license depends on the Services you are using and the Settings you have selected. For all Dunk Me® Services and any other User-powered Service, you grant Social Dunking a worldwide license, royalty-free, assignable and sublicensable, allowing the hosting, storage and the use, display, reproduction, modification, adaptation, edition, publication and distribution of such content. This license is for the sole purpose of enabling the operation, development, execution, promotion and improvement of existing Services, as well as the research and development of new Services. Because Dunk Me® and any other user-powered Service is inherently public and deals with matters of public interest, your license to us on such content subject to these Services is broader. In addition to the rights stipulated in the previous paragraph that you grant to us, you also grant us the perpetual right to promote, exhibit, broadcast, consolidate, sublicense, publish and execute or publicly display content submitted via the Dunk Me® Services or any other User-Generated Service, or to create derivative works of any kind, medium or method of dissemination (which are currently known or will be developed in the future). When you appear in Dunk Me® or user-powered content, or when you create, download, post, or upload such content, you grant Social Dunking and its business partners the worldwide, perpetual, worldwide right to use your name, your image and your voice, to the extent necessary. This means, among other things, that you will not be entitled to any remuneration from Social Dunking or its business partners if your name, image or voice is used in connection with Dunk Me® Services or other Services powered by users, either on the Dunk Me® app or on one of its trading partners' platforms. To learn more about how to manage third-party access to your content, please refer to our privacy policy. Although we do not have to do so, we may review, review, filter, and delete your content at any time for any reason, including if we believe that your content violates these Terms. However, you are solely responsible for the content that you create, download, publish, store or send via the Services. The Services may contain advertisements. In return for the authorization that Social Dunking grants you to access and use the Services, you consent to us, our affiliates and our third party partners inserting advertising into the Services. Since the Services contain content provided by you and other users, advertising may sometimes appear in relation to your content. We are always happy to hear from our users. However, if you give us your opinion or suggestions, know that we can use your ideas without paying you. 4. Third Party Content Much of the content on our Services is produced by users, publishers and other third parties. This content, whether published publicly or privately, is the sole responsibility of the person or organization submitting it. If Social Dunking reserves the right to review all content contained in the Services and remove any content that violates these Terms, we do not routinely review this content in its entirety. That's why we can not take responsibility - and do not take responsibility - for content provided by others via the Services. In these Terms, we make it clear that we do not want the Services to be misused. Nevertheless we can not systematically check the contents. Therefore we can not guarantee that the content of the Services will always comply with the Terms. 5. Privacy Protection of your privacy is important to us. You can find out more about how we treat your information when you use our Services by consulting our Privacy Policy. We encourage you to read this Privacy Policy carefully because by using our Services you agree that Social Dunking collects, uses and transfers your information in accordance with this policy. 6. Respect for the rights of others Social Dunking respects the rights of third parties. Just as you should do it. Therefore, you must not upload, post, send or store content that: • infringes or violates the right to the image, the right to privacy, copyright, trademark law or any other intellectual property right of a third party; • threat, harass or intimidate; • defamation; • contains spam or is aimed at soliciting our users. You must also respect the rights of Social Dunking. These Terms do not grant you any of the following rights: • use the trademark, logos, designs, photographs, videos or any other element used in our Services; • copy, archive, download, upload, distribute, publish, distribute, interpret, display, make available or otherwise use any part of the Services or the Content on the Services, except as otherwise provided in these Terms; • use the Services, tools provided by the Services or any other content on the Services for commercial purposes without our consent. In summary: You may not use the Services or the content on the Services other than as permitted by these Terms. You can not help someone else to do it either. 7. Copyright compliance Social Dunking complies with the requirements set out in the DADVSI law. We take reasonable steps to promptly remove from our Services any unauthorized content of which we are aware. If we learn that a user repeatedly infringes copyrights, we will take reasonable steps in our power to close the user's account. We make it easy for you to report any suspected infringement of copyright. If you believe that any element of the Services infringes any of your copyright, please contact us here. 8. Security We make sure that our Services provide a secure space for all users. However, we can not guarantee it. It's there that you intervene. By using the Services, you agree to: • Not use the Services for any purpose that is unlawful or prohibited in these Terms. • Do not use a robot, spider, crawler, scraper or any other computerized means or interface to access the Services or extract the data of other users. • Do not use or develop third-party applications that interact with the Services or the content or data of other users without our written permission. • Do not use the Services in a manner that could disturb, disrupt, adversely affect other users or prevent them from taking full advantage of the Services, or that could damage, disable, overburden or impair the operation of the Services. • Do not use or attempt to use another user's account, username, or password without permission. • Do not ask for login credentials of another user. • Do not post pornographic content containing graphic violence, threats, hate speech or incitement to hatred and violence. • Do not download viruses or other malicious code, or otherwise compromise the security of the Services. • Do not attempt to hijack any of the content filtering techniques we use or access any spaces or features of Services that you are not authorized to access. • Do not probe, scan or test the vulnerability of our Services or any system or network. • Do not encourage or promote any activity that violates these Terms. Your safety when using our Services is important to us. Therefore, do not use our Services in a way that could put you in a situation where you would violate the highway code or traffic safety laws. For example, never send Dunks while driving. Never put your safety, or that of others, at risk just to send a Dunk. 9. Your account You are responsible for any activity on your Dunk Me® account. It is therefore important to ensure the security of your account. One way to do this is to choose a reliable password that you do not use for other accounts. By using the Services, you agree, in addition to making common sense, to: • Do not create more than one account for yourself. • Do not create a new account if we have deactivated your old account, unless you have received written authorization from us. • Do not buy, sell or rent in any form your access to your Dunk Me® account, Dunking Stories, Selfies, a Dunk Me® username or a friend's link without receiving our written authorization. • Do not communicate your password. • Do not log in or attempt to access the Services through unauthorized third-party applications. If you believe someone has accessed your account, please contact us immediately. 10. Mobile Phones and Operator Charges You are responsible for any charges related to your use of our Services through your mobile phone, including sending SMS and using the mobile Internet. If you are uncertain about the amount of these charges, check with your mobile operator before using the Services. If you change or deactivate the mobile phone number you used to create a Dunk Me® account, you must update your account information in the Settings within 72 hours, to avoid sending to someone other messages addressed to you. 11. Services offered by third parties If you use a service, function, or functionality operated by a third party and made available by our Services (in particular by the Services that we offer jointly with the third party), the conditions of each party will govern your relationship with the respective party. Social Dunking declines all responsibility regarding the conditions of these third parties or actions taken under the terms of third parties. 12. Service Modification and Termination We are continually improving our Services and creating new ones at all times. This means that we can add or remove functions, features or products and that we can also temporarily or permanently suspend all Services. We can take these measures at any time without warning you in advance. Of course, we hope you will always be a Dunkee. You may, however, terminate these Terms at any time and for any reason by deleting your account. Social Dunking may also terminate these Terms for you at any time, for any reason, without notice. This means that we may stop providing Services to you or impose new or additional limits on your ability to use the Services. For example, we may disable your account due to prolonged inactivity and retrieve your username at any time for any reason. Whichever party decides to terminate these Terms, you and Social Dunking continue to be subject to points 3, 6, 9, and 12 to 21 thereof. 13. Indemnification You agree, to the extent permitted by applicable law, to indemnify, indemnify and hold harmless Social Dunking, its officers, associates, employees and affiliates in respect of the Company. all claims, actions, claims, damages, losses, costs, debts and expenses (including attorneys' fees) arising directly or indirectly from (a) your access to the Services or your use of the Services; (b) your content; and (c) the breach of these Terms. 14. Disclaimer We make sure that the Services are active and without inconvenience. However, we do not promise to do that.THE SERVICES ARE PROVIDED "AS IS" AND "SUBJECT TO AVAILABILITY", TO THE EXTENT PERMITTED BY APPLICABLE LAW, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, THE RIGHT OF PROPERTY AND NON-INFRINGEMENT. FURTHERMORE, ALTHOUGH SOCIAL DUNKING ENSURES AN OPTIMUM USER EXPERIENCE, WE DO NOT DECLARE OR WARRANT THAT (A) THE SERVICES WILL ALWAYS BE SECURE, ERROR-FREE, OR TIMELY, (B) THAT THE SERVICES WILL ALWAYS WORK WITHOUT DELAY, DISTURBANCE , OR OTHER DEFECTS, OR (C) THE CONTENT, USER CONTENT OR INFORMATION OBTAINED BY OR THROUGH THE SERVICES WILL BE TIMELY OR ACCURATE. SOCIAL DUNKING ASSUMES NO RESPONSIBILITY FOR ANY CONTENT YOU, ANY OTHER USER OR ANY THIRD PARTY CREATES, DOWNLOAD, PUBLISH, SEND, RECEIVE OR STORE ON OR THROUGH OUR SERVICES. YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO OFFENSIVE, ILLEGAL, HARMFUL, OR OTHERWISE INAPPROPRIATE CONTENT FOR ANY REASON WHICH DUNKING SOCIAL WILL NOT BE LIABLE FOR. 15. Limitation of Liability TO THE MAXIMUM EXTENT PERMITTED BY LAW, DUNKING CORPORATION, MEMBERS OF THE MANAGEMENT, SHAREHOLDERS, EMPLOYEES, AFFILIATES, LICENSORS AND SUPPLIERS SHALL HAVE NO LIABILITY FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES. MULTIPLE, OR ANY LOSS OF PROFIT OR INCOME, DIRECT OR INDIRECT, OR ANY LOSS OF DATA, USE, CUSTOMER, OR OTHER IMMATERIAL INJURY RESULTING FROM: (A) YOUR ACCESS TO SERVICES, YOUR USE OF THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; (B) THE BEHAVIOR OR CONTENT OF OTHER USERS OR THIRD PARTIES PRESENT IN OR THROUGH THE SERVICES; OR (C) UNAUTHORIZED ACCESS TO YOUR PUBLICATIONS OR CONTENT OR USE OR ALTERATION THEREOF, EVEN IF SOCIAL DUNKING WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOCIAL DUNKING'S RESPONSIBILITY FOR ANY CLAIMS RELATING TO THE SERVICES SHALL IN NO EVENT EXCEED THE HIGHEST AMOUNT OF THE FOLLOWING AMOUNTS: 100 € (ONE HUNDRED EURO) OR THE AMOUNT YOU PAID TO SOCIAL DUNKING, IF ANY, DURING THE 12 LAST MONTHS. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SOME OR ALL OF THESE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. 16. Arbitration, Class Action Waiver, and Waiver of the Right to a Jury Trial PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY AS THEY REQUIRE YOU AND SOCIAL DUNKING THAT WE AGREE TO EXECUTIVE ARBITRATION TO RESOLVE ANY DISPUTES BETWEEN WE. at. Applicability of the arbitration agreement. You and Social Dunking acknowledge that all disputes and claims, including all disputes and claims of a legal nature, arising out of or relating to these Terms or the use of the Services and that can not be settled amicably or District Court, will be individually settled by a binding arbitration. However, you and Social Dunking are not subject to the obligation to settle disputes in which either party seeks fair compensation for the allegedly unlawful use of copyright, trademark, trade names, logos, trade secrets or patents. To be clear: the term "all disputes and claims" includes disputes and claims that occurred between us prior to the effective date of these Terms. b. Arbitration Rules. Articles 1442 et seq. Of the Code of Civil Procedure govern the interpretation and application of this dispute settlement provision. The arbitration will be initiated by the French Arbitration Association ("AFA") and will be governed by AFA rules as of the date of these Conditions, which are available here or by calling the AFA at +33 1 53 77 31. If the AFA is not available to arbitrate, Social Dunking is obliged to choose another arbitration center. The rules of the arbitration center shall govern all aspects of the arbitration, unless they oppose these Conditions. The arbitration shall be conducted by a single neutral arbitrator. Any claim or dispute for which the amount claimed is less than 10,000€ (ten thousand euro) may be resolved by binding arbitration without appearance, at the option of the party seeking compensation. For claims or disputes for which the amount claimed is equal to or greater than € 10,000 (ten thousand euro), the right to a hearing will be determined by the rules of the arbitration center. The judgment on the award rendered by the arbitrator may be registered with any competent court. c. Additional Rules for Arbitrations Without Appearance. If an arbitration without appearance has been selected, the arbitration will have to take place by telephone, online, via written documents or a combination of these three methods; the method in question will be chosen by the plaintiff. The arbitration will not involve a personal appearance of the parties or witnesses, unless the parties mutually agree otherwise. d. Fresh. If you choose arbitration with Social Dunking, you will not be required to pay the fees in this regard. This is because Social Dunking will reimburse you for your filing fees and because the AFA rules state that hearing fees and compensation of the arbitrator are our responsibility. If another arbitration center is selected, Social Dunking will also pay for this center. e. Authority of the arbitrator. The arbitrator will decide the jurisdiction of the arbitrator, as well as the rights and obligations, if any, of the different parties (you and Social Dunking). The dispute will not be judged with other issues and will not be associated with other cases or parties. The arbitrator will have the power to receive motions for the annulment of all or part of any dispute or claim. The arbitrator shall have the power to award pecuniary damages and to grant any remedy or remedy provided for in the applicable law, the Arbitration Rules and the Conditions. The arbitrator will issue a written award and a statement of the decision describing the findings and the main conclusions on which the award is based, including the calculation of the damages awarded, if any. The arbitrator has the same authority as a judge sitting in court to grant an individual remedy. The arbitration award will be final and binding on you and Social Dunking. f. Waiver of a jury trial. YOU AND SOCIAL DUNKING HEREBY WAIVE ANY CONSTITUTIONAL OR LEGAL RIGHT TO SEIZE JUSTICE AND TO HAVE A TRIAL BEFORE A JUDGE OR JURY. You and Social Dunking instead choose to settle claims and disputes through arbitration. Arbitration proceedings are generally more limited, more efficient and less costly than the rules applicable in court and are only minimally reviewed by a court. In the event that a dispute arises between you and Social Dunking on the issue of canceling or enforcing an arbitration award, YOU AND SOCIAL DUNKING WAIVE ANY RIGHT TO A TRIAL BEFORE A JURY and choose, instead, to wear the litigation before a judge. g. Waiver to initiate a class action or class action. ALL DISPUTES AND CLAIMS UNDER THIS AGREEMENT MUST BE ARBITRATED OR ADVOCATED ON AN INDIVIDUAL BASIS AND NOT ON THE BASIS OF A GROUP ACTION. CLAIMS FROM SEVERAL CUSTOMERS OR USERS MAY NOT BE SUBJECT TO GROUP ACTION OR BE JUDGED IN CONJUNCTION WITH THOSE OF OTHER CUSTOMERS OR USERS. However, if this waiver to initiate a class action or class action is found to be invalid or non-binding, neither you nor we will benefit from an arbitration proceeding, and the claims and disputes should be resolved in court, such as stated in paragraph 17. h. Right of renunciation. The rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is directed. This waiver will not affect or affect any other part of this arbitration agreement. i. Withdrawal. You can opt out of this arbitration agreement. If you do, neither you nor Social Dunking will be able to compel the other to submit to arbitration. To withdraw from this arbitration agreement, you must notify Social Dunking in writing no later than 30 days after the first claim that may be submitted to it. Your notice must include your name and address and the e-mail address you used to set up your Dunk Me® account (if you have one), as well as a statement stating unequivocally that you wish to opt out of this agreement arbitration. You must send your notice of withdrawal to this address: Social Dunking, 9 rue de la Noue, 35530 Servon sur Vilaine FRANCE; or send it by email to: fresh@dunkme.app j. District Court. Notwithstanding the foregoing, you or Social Dunking may bring an individual action with the District Court. k. Survival of the arbitration agreement. This arbitration agreement will remain in effect even when your relationship with Social Dunking ends. 17. Exclusive Jurisdiction To the extent that the parties are authorized under these Terms to bring a dispute before a court, you and Social Dunking agree that all disputes and claims, including all disputes and claims of legal order, arising out of or related to these Terms or the use of the Services will be exclusively regulated by the Commercial Court of Rennes. However, should the court not have jurisdiction to deal with this dispute, all disputes and claims resulting from the Terms or the use of the Services shall be settled exclusively with the Tribunal de Grande Instance of Rennes. You and Social Dunking consent to the personal jurisdiction of both courts. 18. Choice of applicable law Except to the extent that European law prevails, French laws other than its conflict of laws principles, govern these Terms and any dispute or claim arising directly or indirectly from these Terms or their purpose including litigation and legal or tort claims. 19. Severability If one or more provisions of these Terms should prove to be unenforceable, it will be severed from these Terms and shall not affect the validity and enforceability of the remaining provisions. 21. Additional Terms Applicable to Specific Services Given the scope of our Services, we may need to add additional terms of use for specific services. These additional terms of use, which will be available with the relevant Services, will then become part of your contract with us, if you use these Services. 22. Final Terms • These Terms constitute the entire agreement between you and Social Dunking and replace any prior agreement. • These Terms do not create or confer any rights on any third party. • If we do not avail ourselves of any of the provisions contained in these Terms, this will not be considered a waiver. • We reserve all rights not expressly granted to you. • You may not assign any of your rights or obligations under these Terms without our consent. • These Conditions have been drafted in French and, in the event of any discrepancy between the translated version of these Terms and the French version, the original French language version shall prevail. Contact Us : Social Dunking invites you to send us your comments, questions, doubts or suggestions. Please send them to: fresh@dunkme.app Social Dunking is located in France, 9 rue de la Noue, 35530 Servon sur Vilaine.


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