1. YouShould
2. Conditions Générales d'Utilisation

LEGAL NOTICES AND GENERAL TERMS AND CONDITIONS FOR USE OF THE SERVICES PROPOSED BY YOUSHOULD

1. LEGAL NOTICES

The current site is directed by:

YOUSHOULD

Simplified joint-stock company, with share capital of €735.20

Registered office: 6 rue Auguste Comte, 92170 Vanves

Registered in the Paris Trade and Companies Register under the number B 795 045 707 (hereafter, “YouShould”).

Intra-community VAT number: FR 59 795045707

Legal representative: Mr. Timothée Emery

Téléphone : 0203 445 5450

Email : contact@youshould.eu

The service provider guaranteeing the direct and permanent hosting of the site is Amazon Web Services, Inc., 410 Terry Ave., North Seattle, WA, 98109-5210, USA.

2. GENERAL TERMS AND CONDITIONS (GTC)

1. DEFINITIONS

1. PREAMBULE

The present Site is the property of YouShould.

The present General Terms and Conditions (GTC), which are issued under French law, regulate the use of all functionalities of the Site and apply to all Users.

Simple navigation of the Site implies complete acceptance, without reservations, of these GTC. If You are not in agreement with all or part of these GTC, You are prohibited from using the Site in any way. YouShould reserves the right to modify at any time, in whole or in part, these GTC. It is thus the responsibility of the User to regularly consult the latest version of these GTC available on the Site. The User is held to have accepted the latest version with each new connection to the Site. In the case of non-compliance on the part of the User with these GTC, YouShould reserves the right to suspend without notice the Services and/or to refuse the User access to the Service.

1. PURPOSE

These GTC have as their purpose the definition of the conditions and modalities of use of a free online Service for searching for and making a Reservation of a Private Space proposed by an Establishment. These GTC can be completed or modified, when need be, by conditions and modalities specific to the use of certain functionalities.

The Service is reserved for physical persons capable of completing contracts as regulated by French law.

The Site presents a selection of Establishments that are all operated by independent professionals.

The purpose of the Site is to permit Users to be placed in contact with an Establishment and to complete with said Establishment a Reservation Contract, as well as, when appropriate, to order Purchases from the Establishment. The selection and validation of a Reservation, through the Site, as well as, when appropriate, the ordering of Purchases, automatically brings with it the formation of a Reservation Contract established directly between the User and the Establishment concerned, to which YouShould is a third party.

YouShould, who is in no way the seller or lessee of the Private Space, nor seller/reseller of Purchases, acts as a broker and is a third party as regards the direct contractual relationship established between the User and the Establishment.

2. DESCRIPTION OF THE SERVICE

1. Searching for and reserving online and in real-time an Establishment

The Site allows the User to notably search for and reserve via smartphone and in real-time Establishments that are proposing Private Spaces.

2. Benefiting from special offers proposed by the Establishments and included on the Site

The Site allows the User, by reserving via the reservation procedures established for this use through the online reservation module, to potentially benefit from Promotional Offers. Not all Establishments propose Promotional Offers. The valid conditions for these Promotional Offers are explicitly communicated on the Site and are, in all circumstances, under the sole responsibility of the Establishment.

3. Associated Personalized Services

The creation of an account on the Site allows the User to complete Reservations and, within the bounds of YouShould’s commercial agreements, potentially benefit from Promotional Offers within the Establishments, subject to prior approval.

4. Account creation

Users agree to transmit to YouShould all information that could be requested during the course of utilizing the Site. In the case whereby a personalized identifier, together with a personalized access code, shall be attributed/requested, the Users agree to keep these elements strictly confidential. Further, Users agree to not utilize as a personalized identifier any term or formula that is too simple to guess or decipher, and/or that usurps any rights of any third party (notably by avoiding any possible assumption or usurpation of a third party’s identity). Any failure to uphold these obligations shall result in an automatic suspension of the Service for the concerned User, without prejudice toward any eventual compensation that YouShould could ultimately claim upon them.

3. A FREE-OF-CHARGE SERVICE

The services proposed and described in these GTC are free.

Charges could eventually be applied, notably as regards the evolution of proposed services and the evolution of the network, technology, and/or legal constraints. In that case, the User will be duly informed either by the modification of these GTC or through a publication on the Site regarding the particular conditions relative to paid services.

In addition, the User recognizes that the Site directs them toward offers of paid services. Notably, following a reservation made via the Site, the User recognizes and accepts that the Establishment’s offer is a paid service.

While YouShould furnishes on the Site details concerning the price or range of prices regarding a third-party service provider included on the Site, this information is provided only as indicative and for ease of reference. In no case shall YouShould guarantee the exact nature of this information, with the User needing to take care to verify the information with the Establishment.

4. WARNING

It is the User’s responsibility to verify any information that seems necessary or opportune before proceeding with any reservation in any of the Establishments present on the Site, and notably as it concerns the prices of Purchases.

In no case shall YouShould be associated with the services provided by these Establishments.

YouShould makes no guarantees in any way regarding the products, services, and/or commercial practices of the Establishments included on the Site. As such, YouShould does not guarantee to the User any satisfaction regarding products, services, and/or commercial practices obtained following a reservation via the Site.

The User recognizes that each time they publish information online, this information can be collected and utilized by third parties. As such, the User relieves YouShould of any responsibility or adverse consequence coming from any third party’s use of this information.

5. RESERVATION CONTRACT

By selecting and confirming a reservation via the Site, the User (who becomes the Organizer) automatically concludes, with the concerned Establishment, a Reservation Contract that brings with it:

- the Reservation of a Private Space within the Establishment;

- simultaneously, the authorization of a bank debit for the total of the Reservation Deposit to the benefit of the concerned Establishment;

- when appropriate, the ordering of Purchase(s) sold directly by and under the sole responsibility of the Establishment.

1. Provision of the Reservation of a Private Space

The provision of a Private Space is made under the exclusive responsibility of the Establishment, who grants said space to a User, via the Site. The User agrees, upon arrival at the venue, to present themself to the manager of the Establishment and, at the end of the Event, to sign and/or validate in writing, in two copies, the Nightly Report of the Event (NR) that will serve to establish the number of persons having participated in the Event.

In case of any dispute between the User and the Establishment, notably as regards the number of Guests Present, the parties shall refer to the NR or, in any and all cases, resolve the affair amongst themselves, with no involvement on the part of YouShould and in which YouShould shall be in no way concerned.

2. Banking Guarantee

YouShould, as technical intermediary, acts as a broker for recovering the total of the Reservation Deposit that shall be debited, in the name of and for the account of the Establishment, directly from the Organizer in the case whereby the Reservation Limit Deposit has been breached. Contesting the breach of this Limit as well as notifying YouShould of the occurrence is the sole responsibility of the Establishment, who will exclusively resolve the affair and any contestation directly with the Organizer.

3. Purchases

In its role as broker and simple intermediary, YouShould has no responsibility regarding the Purchases that a User can order, via the Site, directly with the concerned Establishment. It is the duty of the Establishments to take all precautions necessary regarding Users, in terms of furnishing them with the said Purchases, notably as regards the sale of alcoholic products under the regulations of the Public Health Code and requiring, in such matters, the justification of the legal age of majority of the User, as well as ensuring the publication of any necessary information, notably the obligatory health warning of “abusing alcohol is dangerous for your health” required by these regulations. It is the User’s duty to exercise all precautions necessary, notably, prior to ordering any Purchases, of verifying the age of themselves and all persons who accompany them whenever said Purchases are subject to restrictions, such as alcoholic products.

6. PROTECTION OF PERSONAL DATA

1. Treatment of personal data in order to provide the Service

The Personal Data of Users, collected through and under the responsibility of YouShould, is automatically treated and destined for the provision of the Service, particularly regarding:

- the management of registrations, Reservations and its associated acts (including the Reservation Deposit), and more generally for the management of the commercial relationship;

- the diffusion of information to Users;

- the development of anonymous statistics;

- the management of User reviews regarding Establishments;

- the improvement and personalization of Services;

- the management of survey operations;

- the management of complaints and disputes.

All fields marked by an asterisk (*) are obligatory, and as such refusing to provide that obligatory data will result in not being allowed to complete the Reservation request.

Personal Data shall not be transmitted outside of the European Union and they shall be only transmitted to Establishments upon the conclusion of a Reservation Contract, in order to allow the Establishment to execute its obligations; the Establishment shall be fully responsible for their treatment of Personal Data, as a “responsible party” as indicated by the Loi Informatique et Libertés.

In conformance with Articles 38 and following of the law of 6 January, 1978 (“Loi Informatique et Libertés”), the User holds the right to access, rectify, modify and - in the case of a legitimate motive - object to the treatment of their Personal Data. In order to exercise this right, the User should address a request by email to the following address: "contact@youshould.eu". Please note that all requests to access, modify, or oppose this data must be accompanied by a photocopy of the photo identification of the concerned party, in conformance with Article 92 of Decree 2005-1309 of 20 October, 2005. In the case that a right of opposition is exercised following an Event, the Personal Data of the User shall be conserved only as an archive; if the opposition is communicated prior to the Event, the concerned User shall not be able to participate in the Event and, if they are the Organizer of said Event, the Event shall be cancelled without prejudice to any eventual damages that could be due to the Establishment and/or YouShould if this cancellation should occur less than four (4) calendar days prior to the Event (in conformance with the conditions defined under the term “Reservation Contract” of these GTC).

2. Cookies

In order to improve the Service, cookies are installed on the computer of the User during their navigation of the Site.

A “cookie” is a small file that does not allow for the identification of the User but that does register information relating to the navigation of a computer on the site.

1. The cookies deposited by YouShould

The YouShould Site uses two kinds of cookies:

• “Technical cookies,” which are principally session-based cookies that allow for the authentication and connection to the Site by a User as well as the memorization of navigational elements during a session; these Technical cookies have a sole final purpose of allowing or facilitating the use of the Site and they are strictly necessary in order to provide the Service;

• “Advertising cookies,” notably created by Critéo, that allow for the registration of the User’s preferences, their chosen parameters, and the pages previously consulted that are installed during the course of navigating the Site. The activation of these cookies is not strictly necessary to the functioning of the Site, but it does allow for improved navigation performances.

The installation of the two types of cookies referenced here may be refused. If this refusal concerns Technical cookies, certain functions of the Site may not function as intended.

The majority of Web browsers automatically accept cookies, but the User can generally modify the parameters in order to refuse them if desired; in that case, the User should proceed as follows:

• On Internet Explorer :

1. Go into Tools > Internet Options.

2. Click on the Privacy tab.

3. Click on the Advanced option and check the box “Override automatic cookie handling”.

• On Firefox :

1. In the Firefox window, click on the Firefox button (Tools menu in Windows XP), then click Options.

2. Select the Privacy tab.

3. Select “Use custom settings for history”.

4. Unselect “Accept cookies from sites”.

• On Google Chrome :

1. Click on the Chrome menu icon.

2. Select Settings.

3. In the “Privacy” section, click on “Content Settings”.

4. Select “Block all third-party cookies without exception”.

The period of validity for your consent to the use of cookies shall not exceed thirteen (13) months, as follows the Deliberation 2013-378 adopted by the CNIL on 5 December 2013 (article 5), and can be prolonged by the express consent of the User.

1. Cookies deposited by third parties

While the User accesses the Site, one or more cookies by partner groups (“Third party cookies”) may be installed on their computer. These Third party cookies are intended to identify centers of interest based upon consulted or reserved Services on the Site and to collect navigational data in order to personalize any advertising offers that may be addressed to them outside of the Site.

The User is informed that YouShould has no access and cannot exercise any control over these Third party cookies. Nonetheless, YouShould takes care that these partner groups agree to treat these data collected on the Site in a manner respecting the Loi Informatique et Libertés and that they agree to put in place appropriate measures for securing and protecting the confidentiality of Personal Data. The User may refuse Third party cookies.

1. Use of data

The User agrees, in communicating data to YouShould regarding other Users (notably their email addresses) to have duly informed and received consent from these Users. As such, the User guarantees YouShould against all recourse, objection or action that could arise regarding this subject, notably from the persons concerned.

1. REVIEWS OF USERS

The User must follow the following rules in order to publish a review on the Site concerning an Establishment reserved via the Site.

3. Conditions for publishing reviews

Only the Organizers who have honored the engagements in the Reservation Contract may publish a review on the Site.

The review must concern exclusively the Establishment that was involved in the Organizer’s Reservation. Any review referencing another Establishment shall be deleted by YouShould.

4. Reasons for rejecting reviews

The User is informed that their review may be rejected for the following reasons:

- if the “Conditions for publishing reviews” found here are not respected by the User;

- if YouShould judges that any civil or criminal responsibility could be initiated;

- if the textual content contains abuse or vulgarity;

- if the elements relating to the identity of the writer include abuse or vulgarity;

- if the textual content includes random characters or a series of words without any sense;

- if the content (textual, documentation, images) has no relation to the subject at hand;

- if the attributes of the review contain a concrete conflict of interest;

- if the textual content is so poorly written as to be unintelligible;

- if a User creates an inappropriate commentary on any other content or its author;

- if the textual content destined for publication includes Personal Data, notably the name of individuals, a phone number, a physical address or an email address, a credit card number, a social security number, banking information or any other information that could be utilized in an identity theft;

- if the textual content includes a call for legal action;

- if the textual content is clearly spam.

In the case of identifying a User who has created a review that contravenes these GTC, and after having activated the procedures used to reject or suppress a review, YouShould may cancel the registration of the concerned User and suppress all reviews linked to that User.

5. Moderating reviews

The moderation of reviews by YouShould is intended to ensure the conformity of reviews as regards these GTC in order to publish, reject or delete the reviews a posteriori.

The User who has published a review may request a posteriori the suppression of that review by using the following address: contact@youshould.eu. The User is advised that they will be contacted by YouShould in order to verify the authenticity of the request, by email and/or by telephone. The User is informed that their review can be transmitted to YouShould’s partner sites and can be published on these partner sites. In order to facilitate the reading of reviews by Site Users, the User authorizes YouShould to publish together with the review the following elements: date of the Event, first name.

6. Reviews from Guests

The User who reserves an Establishment for multiple Guests is invited to indicate the emails of these Guests for the purpose of transmitting to them the practical information regarding the reservation (address of the Establishment, reservation time…). The User recognizes that they have received the prior approval of the Guests - in conformance with the Loi Informatique et Libertés - to transmit their email addresses in this context. Each Guest is then invited to post a review of their experience in the Establishment reserved by the User.

7. Right to respond

Each Establishment holds the right to respond in the case of the publication of a review by a User.

All responses must be sent within three (3) months of the diffusion of the review in question to the following address: contact@youshould.eu.

The response should include the following elements:

- necessary references (Date of the Event, First name and Date of review publication on the YouShould Site);

- specific mentions of the contested passages.

Having followed this procedure, if the response follows the terms of these GTC, the response will be moderated under the same conditions as User reviews and published as necessary following the message to which it replies, within a maximum of three (3) days starting upon reception of the response.

8. Grading of Establishments

Each Organizer who has reserved an Establishment through the Site and honored their reservation in the Establishment is invited to provide a grade corresponding to their experience.

The User is informed that the grade indicated on the Site together with each Establishment corresponds to an average of the grades given after reservations following the creation of the Establishment Page.

9. Utilizing User content

YouShould may utilize the content placed at its disposal by the Users on the Site (text, image…) and notably the reviews by Users (hereafter the “User Content”), in different ways and including publication on the Site, by modifying the format, incorporating advertising or other documents, creating works derived from said content, enhancing them, distributing them, and allowing others to similarly use them on their Internet sites and media platforms. As such, the User hereby cedes to YouShould, exclusively, across the entire world and for the entire duration of the granted rights of authorship, all rights of reproduction, representation and adaptation/modification applicable to User Content, and in all forms, known or unknown, real or future, notably on paper, digital, web and any other type of use, notably in the case of commercial communications by YouShould, freely and without cost.

7. Limitations of Responsibility

1. Network functioning

Given the specificities of the Internet network, YouShould offers no guarantees as to the availability of the service, and is only held to its obligations as fits its capacities.

YouShould shall have no responsibility in the case of any damages linked to the temporary inability to access any of the services proposed on the Site.

2. Modification of the Site

All information contained on the Site is liable to be modified at any time, in view of the interactivity of the site, without this engaging any responsibility on the part of YouShould.

3. Use of the Site

YouShould is in no way responsible for any damages or losses linked to the use or the impossibility of using the Site or its content, except for those exceptions specified by law.

YouShould does not guarantee that the information presented is detailed, complete, verified or exact. The documents, information, descriptions and, in general, all content present on the Site are furnished “as is,” without any express or tacit guarantee of any kind.

The User recognizes expressly that the photographs present on the Site are not contractual, and that it is their responsibility to independently verify the appropriateness of the Private Space for their needs.

In general, the User accepts and recognizes that the Reservation Contract is undertaken under the sole and exclusive responsibility of the Establishment, and that YouShould is entirely apart from it. As such, YouShould makes no guarantee as to the content and quality of the services provided by the Establishment. Additionally, as a non-exhaustive example, the User recognizes and accepts that YouShould has no responsibility in the case of a cancelled reservation, in the case of a closed Establishment, for any reason, or in the case of any refusal of service, for any possible reason. As such and for the same reasons, the User accepts that YouShould is under no responsibility if the User is unable to benefit from any promotional offer or deals proposed by an Establishment. The User recognizes and accepts that YouShould is under no responsibility in the case whereby an Establishment does not honor a promotional offer or a special offer, for any possible reason.

Furthermore, the User is informed that the availability of the Establishments is verified, on the Site, in real time and with the limits inherent to all digital technologies, and that therefore there can be no material verification or guarantee of the exactitude of the information and/or data collected through the providers. The User accepts that YouShould is under no responsibility if the User is unable to benefit from the services of the Establishment. In effect, the parameters of the reservation software in real time depend in part on the information furnished and/or registered through the Establishment and may in that case not correspond to reality.

4. Guarantees by the User

The User declares that they perfectly recognize the characteristics and constraints of the Internet. They notably recognize that it is impossible to guarantee that the data transmitted by the User via the Internet can be entirely secured. YouShould cannot be held responsible for any incidents arising from this transmission.

The User thus transmits them at their own risk and peril. YouShould can only provide the assurance that it uses all means at its disposition to guarantee a maximum of security.

The User agrees to indemnify YouShould for all costs arising in the case whereby YouShould should confront any reclamation or contestation, either judicial or extra-judicial, arising from a use of the Service that does not conform to these GTC, and guarantees YouShould against any judgement arising from any judicial action.

In all cases, the User expressly recognizes and accepts to use the Site at their own risk and under their exclusive responsibility.

5. Hypertext links

The Site contains links toward third party internet sites. These sites are not under the control of YouShould, and YouShould is not responsible for the content on these sites. YouShould furnishes these links as a convenience and a link does not imply that YouShould condones or recommends the linked site in question nor that YouShould is affiliated with said site. The linked sites are developed and managed by resellers or providers of independent services and, as such, YouShould cannot guarantee that You will be satisfied with their products, services or commercial practices. It is Your responsibility to verify anything that seems necessary or opportune prior to proceeding with any transaction with one of these third parties.

8. INTELLECTUAL PROPERTY OF YOUSHOULD

1. Rights

All property and moral rights of intellectual property associated with the content and information on the Site belong to YouShould, without prejudice to any property rights that could belong to a third party and for which YouShould has obtained the transfer of rights or the necessary authorizations.

The rights conferred upon the User with the aims of utilizing the YouShould Site and the services provided by YouShould do not in any way include any cession or any authorization to exploit or utilize any of the elements of the Site.

2. Protection of all elements: brands, designs, logos, hypertext links, information, etc.

All elements (brands, designs, text, hypertext links, logos, images, videos, sound, software, layouts, databases, codes…) contained on the Site and its associated sites are protected by the national and international rights of intellectual property. These elements remain the sole and exclusive property of YouShould and/or its partners.

3. Prohibition of use without authorization

As such, without prior written authorization on the part of YouShould and/or its partners, the User may not in any way reproduce, represent, reissue, redistribute, adapt, translate and/or transform, in whole or in part, or transfer using any means, any element contained on the Site.

Penalties

The User recognizes and is aware that any noncompliance with this prohibition constitutes an act of counterfeiting, punishable by civil and penal law.

9. PENALTIES FOR BREACH OF CONTRACT

1. Suspension or definitive halting of one or more services

In the case whereby the User does not execute or does not respect any of the obligations and stipulations detailed in these GTC, YouShould may modify, suspend, limit or suppress their access to the service, with the User having no right to any compensation.

2. Damages

YouShould shall have the right to claim damages intended to compensate for the breach of contract.

10. MISCELLANEOUS PROVISIONS

1. Applicable laws

The relations occurring between YouShould and the User, regulated notably by these GTC, are submitted to French law, and exclude any other national legislation. In the case that these GTC are presented in multiple languages or translations, only the French version shall be valid.

2. Jurisdiction

All contestations and/or difficulties in interpreting or executing these GTC shall appear before the competent tribunals of the city of Paris.

3. Partial Invalidity - Disassociation - Titles

In the case whereby one of the dispositions in these GTC is declared null, illegal, invalid or inapplicable in any way, the validity, legality and application of the other dispositions of these GTC shall be in no way altered or affected, and the other stipulations of these GTC shall remain operative, retaining their full and entire effect.

YouShould may in such a case proceed with the creation of a new clause aimed at reestablishing the common will of the Parties regarding the initial clause, and shall do so in the respect of the applicable law for these GTC.

The titles in these GTC are only provided as indicative, and shall not be considered as an integral part of these GTC.

4. No waiver

In the absence of a contrary stipulation eventually foreseen in these GTC, no tolerance, inaction, abstention, omission or delay on the part of YouShould in terms of exercising any of its rights conforming to these GTC shall have any effect on any rights, nor shall it imply any renunciation in the future of these rights. Indeed, the said right remains fully operational.

5. Notification and removal of illicit content

If the User identifies any elements or content placed on the Site that are illicit, they shall immediately notify YouShould by registered letter, including all justifying elements of rights ownership when appropriate. Having followed this procedure and following verification of the exact nature of the notification, YouShould shall, through reasonable measures and in a reasonable time period, remove the illicit content.

6. Lack of right of withdrawal

Following article L. 121-21-8, 12° of the Consumer Code, which excludes the application of a right of withdrawal for services “regarding catering or leisure activities that must be furnished on a specific date or at a specific time,” the User does not benefit from any right of withdrawal foreseen by the dispositions of articles L. 121-21 and subsequent of the said Code, and said lack applies to the execution of the Reservation Contract as well as the ordering of Purchases via the Site.