Please make sure you have carefully read and understood these Terms before you access or use the Website.
If you do not want to agree to these Terms, you must not access or use the Website.
1. How it works
1.1 Kieble accessed at https://www.kieble.com ("Kieble" or the "Website") is a membership platform and application service that allows content publishers (hereafter “Kieblers”) to upload on a dedicated area their photos and videos or other privileged documents or information related to their activities (the “Content”), enabling users who wish to access this Content ("Subscribers", together and indistinctively with Kieblers, the “Users”): to access their profiles and exchange with them, within the frame of subscription contracts whose amounts are freely determined by each Kiebler subject it is minimum five (5.99) euros including VAT per month (the “Subscription(s)”, “Subscribe” being interpreted accordingly), and within the frame of one-time purchases of Content made available on their Kieble sale dedicated area (the “Shop”), it being specified that purchases of Content on a Kiebler’s Shop are accessible only to Users that have Subscribed to such Kiebler’s profile.
In these Terms, the words “you” or “your” refer to Users of the Website. "User Content" means any and all text, video or other media whatsoever uploaded by Users.
1.2 Kieble core values
Kieble provides a platform tool enabling Users to monetize their activities or image and/or follow up other privileged information from other Users.
Among Kieble’s core values are humanist values including among others, tolerance, open-mindedness, free speech, respect of others, diversity and minorities, support of equality between genders. Kieble is strongly opposed and does not want to be the support for promotion of extremist ideologies that does not respect humanist values, including religious or political ideologies whatsoever should they not respect humanist values. Users undertake to respect those values when using or referring to Kieble.
Apart on those grounds or in case of violation of Law, Users Content shall not be subject to any form of censorship, subject for any Content which may violate applicable laws or these Terms, or anyway otherwise cause harm to any User, Kieble or third party, which would be brought to our knowledge.
In these Terms, “Law” means any rule, including any law, statute, regulation, rule, ordinance, agreements, common practice or unilateral undertaking creating any obligation, any other compulsory rule, court decision, order or decree of any competent authority (including any judicial or administrative interpretation thereof), and, when it is commonly deemed proper to follow them, recommendations of public authorities, European directives, in all the above cases, whether or not they are not yet as in force or not actually enforced (provided that Laws not yet in force are not mere proposals but are published and their conditions of application are defined).
Kieble commits to respect the privacy of information provided by Users. As a consequence, we will never disclose any Users’ information, other than as explained in our Privacy Terms and for the strict compliance to purposes defined therein. In particular, will never sell Users’ information to any third party for targeted advertisement or other commercial purposes. Kieble will never give access to Users’ private conversations to any third party and will ensure the secret of the correspondence of its Users.
As a key commitment for the use of Kieble, Users undertake to promote only their own activities and productions, and shall in no circumstance promote the activities of other persons or entities (whatever their form), by inserting promotional codes, or otherwise.
1.3 Direct contractual relationship between Users
Kieble does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any User Content. Kieblers are alone responsible for their Contents.
When an individual Subscribe to a Kiebler’s profile or purchases any Content on a Kiebler’s Shop, the concerned Kiebler and Subscriber are entering into a direct contractual relationship with each other. This relationship is governed by Laws determined by applicable conflict of Law rules; and any dispute arising out of such relation, or related to its validity, interpretation or termination whatsoever, is submitted to jurisdictions competent as per applicable rules. Kieble is not and shall never become a party to, or other participant in, any contractual relationship between Users, nor is Kieble an intermediary in Users’ contractual relations whatsoever. Kieble is not acting as an agent in any capacity for any User.
We are neither authors nor responsible of User Content and views expressed by Users do not represent the views of Kieble.
1.4 Independent payment service provider
Kieble is not and shall in no circumstance become a party to the contractual relationship between Users and Stripe for the purpose of processing of payments linked to the use of Kieble.
Kieble reserves the right to change the payment service provider it uses.
2. About Kieble
2.1 Kieble is operated by SKYLLINE CONNECTION, a French Société par Actions Simplifiées, with a share capital of EUR 5,000, whose head office is located 34 avenue des Champs-Elysées, 75008 Paris, registered within the trade and companies register of Paris under number 832 165 385. In these Terms, the words “we”, “us”, “our” refer to Kieble, i.e. SKYLLINE CONNECTION.
The web hosting provider is an independent service provider : Amazon Data Services Ltd., Unit 9, Servecentric, Blanchardstown Corporate Park, Dublin 15, Ireland.
2.2 This Website is offered and available to Users who are (i) 16 years of age or older, for Subscribers (Subscriptions or purchases on Shops, except for access to Explicit Content), or (ii) 18 years of age or older for Kieblers, as well as for Subscribers who access Explicit Content. “Explicit Content” is a Content which could be considered offensive or unsuitable for children, including – this list being not exhaustive - because one or more of the following criteria are met:
- reference to strong language (one word is already enough),
- reference to violence, physical, or mental abuse,
- reference to discriminatory language,
- reference to nudity or sexualised behavior, etc.
Distinction should be made between:
(i) the fact that a Content, via references it includes, for example to strong language, violence or discriminatory language, qualifies as Explicit Content - such Content are not banned as such (subject to the respect of applicable Laws and these Terms, regarding among others, proper marking of related profiles and access to Users of 18 years of age or olders, etc.),
(ii) while the promotion of same behaviors and acts, is banned and will be sensored as they do violate Kieble Core Values and might violate applicable Laws.
As a consequence, Users undertake, when publishing any such Content, to provide unambiguous comments, which shall remain permanently attached to it, to make it clear that the concerned Content may not in any way be interpreted as a form of promotion or encouragement to the behaviors or acts to which reference is made.
It is precised that, subject to the strict respect of applicable Laws and these Terms, representation of nudity among others by photography or video, as a form of art or otherwise, as well as representation of sexualized behavior is not per se banned from Kieble.
By using this Website, you represent and warrant that you are of legal age and capacity to form a binding contract as per applicable Laws, and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
2.3 By using Kieble you consent to receiving communications from us electronically, including emails and messages posted to your Kieble profile. You acknowledge and agree that all communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. If you wish to withdraw your consent to receiving communications from us at any time, please email email@example.com, notifying us of your withdrawal of consent.
We reserve the right to make changes to these Terms, accessible at https://kieble.com/public/terms/ at any time. If you disagree with updated Terms, you may terminate the Contract with immediate effect by sending an email to firstname.lastname@example.org, asking for account deactivation. We will deactivate your Kieble account within 5 calendar days. If you do not terminate your Contract within this procedure and timing, you will be deemed having accepted the updated Terms.
3. Account Registration and deactivation
3.1 To register and create an account on Kieble, any User must provide its own valid email address, a username, and a password and its country of residence. Users who want to create a Kiebler profile should further indicate their postal address, and their telephone number. It is a condition of your use of the Website that all the information you provide is correct, current, and complete.
In its quality of independent payment services provider, Stripe may request further information as per applicable Laws.
3.2 By registering on Kieble, you represent and warrant that:
- you are at least 18 years of age if you are a Kiebler or a Subscriber with access to Explicit Content,
- you are at least 16 years of age if you are a Subscriber with access to all User Content except Explicit Content,
- all account registration information, profile information and Content you provide is your own information and the Content is truthful and accurate;
- if you previously had an account with Kieble, your old account was not terminated or suspended by Kieble for violation of these Terms;
- you register on Kieble for your own personal use and you will not sell, rent or transfer your account to any third party;
- you accept full responsibility for any User Content created or provided by you, and for the use of Kieble from your Kieble account on any device, whether or not it is owned by you;
- your use of Kieble does not and will not violate these Terms including Kieble Core Values, nor any applicable Law;
- if you are using Kieble on behalf of a business or other entity, you are authorized to grant all the licenses stipulated in these Terms and that you are authorized to bind the business or other entity to these Terms.
Upon becoming aware of any violation of these Terms including Kieble core values, or applicable Laws, Kieble reserves the right to either:
(i)request that the concerned User stops the considered violation; and/or
(ii)remove the concerned Content or deactivate the concerned User account if, despite our requests, the User has not taken corrective action to comply with these Terms.
3.3 If you are registering as a Subscriber, i.e. looking to Subscribe to other Users’ profiles via Subscriptions and purchase on their Shops, you will need to add information related to your payment card. Your card information is stored by Stripe, as independent payment processor. If you want to access Explicit Content, you should precise it upon registration, and therefore confirm that you are of legal age and capacity in your State of residence and citizenship.
3.4 If you are registering as Kiebler, i.e. looking to earn money from other Users subscribing to your profile or purchasing Content on your Shop, you confirm that you are of legal age in your State of residence and citizenship therefore, and you will need to add bank account details.
3.5 Upon registration, every Kiebler whose bank is located within European Union is provided with two (2) referral URL that allow such Kiebler (the “Referral”) to earn income from other Kieblers whose banks are located within European Union signing up via one of these referral links, as further detailed under section 4.6.
Kieble shall not be liable to add a Kiebler to a Referral account if that Kiebler has not signed up via the correct URL referral, therefore preventing the Referral to receive the corresponding fees.
3.6 Each Kiebler represents and warrants that its profile is marked as providing Explicit Content, if it provides any Content which qualifies as such as per the definition set forth under 2.2 above.
Upon becoming aware of any violation of this commitment, Kieble reserves the rigth to (i) mark such account as providing Explicit Content, and/or (ii) disconnect Subscriptions of minors brought to our knowledge; without prejudice to the provisions of section 3.2, which remain applicable to all violations of these Terms to our discretion.
3.7 You are fully responsible for any and all activities that occur on your account and for keeping your login details confidential and secure, and immediately notifying us at email@example.com if you believe someone has used or is using your account without your permission or if your account has been subject to any other breach of security.
3.8 Should you wish to deactivate your Kieble account, please contact Kieble customer support at firstname.lastname@example.org to submit your deactivation request. We will deactivate your account within 10 Business Days after receiving your request (“Business Day” being interpreted for the purpose of these Terms, as days that are not a Sunday or another day where banks are usually closed in France or Irlande).
4. Subscriptions, Purchases and Payment of Revenue
4.1 Subscriptions are made for a period of time determined by each Kiebler, indicated on its profile homepage. Such period lengh is initially, and no less that, one month and may, as the plateform evolves, become trimestral or semestral, to the Kiebler’s discretion. The Subscription period is counted from date to date as from Subscription.
At the end of each of these periods, Subscription is automatically renewed for the same period of time, unless terminated by the Subscriber.
4.2 Subject to the minimum amount of five (5) euros including VAT per month, each Kiebler freely determines the amount for Subscribing to its profile, which is unambiguously indicated on its homepage, visible from Users before Subscription.
4.3 The billing period is monthly by default, counted from the first day of Subscription, whatever the lengh of Subscription period is. Subscription is deemed equivalent to payment order and leads to the payment of the first billing period.
For example, a trimestral Subscription of 10 euros including VAT per month, subscribed on the 15th of a given month, shall give rise to a monthly paiment of 10 euros on the Subscriber’s bank account, charged on the Subscription date and then the 15th day of each following month.
However, each Kiebler may propose, once the plateform evolution provides such functionality, a one time payment for the whole Subscrition period, upon Subscription. Payment conditions shall be indicated on its profile homepage.
4.4 To Suscribe to a Kiebler’s profile, you must click the 'Subscribe' button on that Kiebler's profile. All purchases on Shops are final and non-refundable. However, you may terminate your Subscription at any time by turning off the 'Auto-Renew' switch located under the relevant User profile, which will allow you to access the User's profile until the end of the existing Subscription period, where you will lose access to that Kiebler’s profile and not be re-billed therefore.
4.5 Each Kiebler may freely modify the amount of Subscription to its profile, subject to the following conditions:
- the Kiebler shall initiate the modification by filling corresponding section on its profile homepage;
- one modification per month maximum is possible, the modification functionality is then blocked;
- modification is effective, toward each Subscriber, at the end of the ongoing billing period, subject to the Subscriber’s validation of the tariff increase as follows;
- once the modification is filled by the Kiebler on its profile homepage, all its Subscribers shall automatically receive an individual email notifying:
- the new amount of Subscription, effective as from the end of the ongoing billing period;
- including a link to the Subscriber’s profile, where the Subscriber may confirm its wish to continue the Subscription after the ongoing billing period;
- Indicating that, failing to proceed so, Subscription shall automatically terminate at the end of the ongoing billing period, it being specified that the Subscriber may always further reactivate its Subscription by paying the new fee.
- each Subscriber may, at its own choice:
- confirm on its profile its wish to continue the Subscription further to the ongoing billing period. In such case, the new Susbcription fee shall be charged as from the first day of the next billing period; or
- not confirm its wish to continue the Subscription further to the ongoing billing period as indicated above. In such case, Subscription shall terminate at the end of the ongoing billing period, regardless of the remaining length of the Subscription period.
4.6 Subject to strict compliance with these Terms, each Kiebler is entitled to :
- 80% of revenues generated by Subscribers Subscriptions to its Profile.
- 90% of revenues generated by Subscribers purchases on its Shop/Live Content.
As an exception, in case a referral URL is registered by a Kiebler upon signing-up in accordance with section 3.5 if these Terms, then, depending on which referral URL is used :
- the concerned Referral shall be paid either (a) 2,5%, or (b) 5% of revenues generated by Subscribers to that Kiebler’s Profile,
- the Kiebler shall be paid either (a) 82,5%, or (b) 80% of revenues generated by Subscribers for Subscription to its Profile,
- the Referral shall not earn any percentage of revenues paid by Subscribers purchases on the Kiebler’s Shop & Live Content;
it being precised that the Referral shall choose which referral URL he decides to provide to the new Kiebler for signing-up.
The Referral income and the Kiebler extra income are deducted from the Kieble fee.
The wire transfer order of Kieblers’ and Referrals’ incomes is processed on the first and the fifteenth calendar days of each month, funds reception date may vary depending on the location of each considered Kiebler or Referral.
Furthermore, a Kiebler may decide to provide certain free access (1 to 30 days) to its profile, within the following limits:
- 50 free access upon registration of its Account,
- once 50 Subscribers or more have terminated their Subscriptions to a Kiebler’s profile, such Kiebler is granted with a number of free access to its profile equivalent to the number of terminated Subscriptions.
4.7 Stripe shall further apply to each payment flow, fees which are automatically added to the payments made by Subscribers, whose amount will be worldwide amounting 3.9% of the transaction + 0,25€.
No additional fees shall be deducted from payments received by Kieblers, Kieble bearing those fees.
4.8 Users can pay or be paid in Euros, UK Pounds or US Dollars.
Other currencies shall be converted in Euros for payment purposes by the concerned User’s bank, which shall therefor deduct related applicable fees.
4.9 All purchases made on the Website are final and non-refundable.
You are entitled to cancel any Subscription, for any reason and at any time, effective the first day of the next calendar month.
4.10 Kieblers are solely responsible for respecting their obligations to collect and pay any applicable tax related to their revenues, including their obligations related to value added tax if applicable ("Taxes"). However, Kieble may be requested by applicable rules or competent authorities, to collect appropriate Tax information from Users, in which cases Users commit to promptly provide any such information upon request from Kieble.
5. Intellectual Property Rights
5.1 Other than User Content, the Website and its entire contents, features, materials and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof, hereafter “Kieble Content”), are owned by us, our licensors, or other providers of such material and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights Laws.
5.2 You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any Kieble Content, except as follows:
- your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials;
- you may store files that are automatically cached by your Web browser for display enhancement purposes; and
- you may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
5.3 If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made.
5.4 Other than User Content, no right, title, or interest in or to the Website or any Kieble Content is transferred to you, and all rights not expressly granted are reserved by us. Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other Laws.
5.5 The Kieble name, logo and all related names, logos, product and service names, designs, and slogans are trademarks of ours or our affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners.
6.1 Subject to all of the terms, conditions, limitations and restrictions contained in these Terms, we grant to you a conditional, revocable, non-transferable, non-sublicensable, non-exclusive and limited license to use our Website and to download and install a single copy of the Kieble app on your mobile device for your own lawful and personal use only. You acknowledge and agree that the foregoing license may be revoked and terminated by us at any time if you violate these Terms including Kieble Core Values, or any applicable Law. Any use of Kieble other than as expressly permitted by these Terms is strictly prohibited. All rights not expressly granted herein are reserved by us.
6.2 We do not warrant that Kieble is compatible with all devices and operating systems. It is your sole responsibility to determine whether or not Kieble is compatible with your device. From time to time we may make updates to Kieble - Website and/or Kieble app.
7. Specific Users’ commitmentsAll Users commit to use Kieble for their own lawful and personal use in accordance with these Terms and applicable Laws, and in particular undertake not to (this list being not exhaustive):
7.1 make any Explicit Content accessible without priory clearly marking one’s profile as providing Explicit Content upon account registration or later on (but always prior to providing such Explicit Content);
7.2 promote activities and productions that are not their own, including by inserting promotional codes, advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation;
7.3 impersonate us, one of our employees, another User, or any other person or entity or falsely state, suggest or otherwise misrepresent affiliation, endorsement, sponsorship between you and any other person or entity including Kieble;
7.4 falsify account registration information, or make unauthorized use of another's information or content;
7.5 copy, reproduce, distribute, modify, or create derivative works from, any portion of Kieble without our express written permission;
7.6 engage in any conduct that could disable, overburden, damage, or impair the Website or interfere with any anyone’s use or enjoyment of the Website, including their ability to engage in real time activities through the Website or expose them to liability;
7.7 create, upload, post, display, publish or distribute User Content that violates Kieble Core Values, or that:
- (a) is illegal, fraudulent, defamatory, libelous, hateful, discriminatory, threatening or harassing, or in any way incites violence or any of the aforementioned prohibitions;
- (b) violates another's copyright, trademark, right of privacy, right of publicity, or other property or personal right (for example, using the name, likeness, image or other identity item) of another without proper consent;
- (c) promotes or advertises escort services; fire arms or other weapons, tobacco, drugs, or drug paraphernalia, or any illegal activity;
- (d) causes annoyance, inconvenience, or needless anxiety or is likely to upset, embarrass, alarm, or annoy any other person;
- (e) involves commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter, or advertising;
7.8 remove, erase, modify or tamper with any copyright, trademark or other proprietary rights notice that is contained in any User Content that you do not own;
7.9 decompile, disassemble, reverse engineer, or otherwise attempt to discover or derive the source code of Kieble;
7.10 interfere in any way with the operation of Kieble or any server, network or system associated with Kieble ; accessing information not intended for you, or accessing another User account that you are not expressly authorized to access;
7.11 use Kieble for any unauthorized purpose, including, without limitation, for purposes of building a competitive product or service, monitoring the app's availability, performance or functionality, or for any other competitive purposes;
7.12 use any automated program, tool or process (including without limitation, web crawlers, robots, bots spiders, and automated scripts) to access Kieble or any server, network or system associated with Kieble, or to extract, collect, harvest or gather content or information from Kieble.
8. User Content
8.1 By creating and publishing User Content on Kieble, you authorize your Subscribers to access and view your User Content on Kieble for their own lawful and personal use. You also represent, warrant and undertake that:
- you own, have a valid licence to, or otherwise control all rights in and to your User Content;
- to the extent your User Content includes or utilises any third-party property, you have secured all rights, licenses, consents and releases that are necessary for the use of such third-party property in your User Content; and
- your User Content is non-confidential and will be made available to your Subscribers on the Website.
8.2 You grant us and our licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material, in accordance with section 10.7 (including mandatory disclosures to competent authorities).
8.3 You understand and acknowledge that you are responsible for any User Content submitted or contributed via your account, and you have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
8.4 You shall indemnify us, our licensees, successors, and assigns against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses suffered or incurred arising out of or in connection with your User Content.
8.5 We are not responsible or liable to any third party for the content or accuracy of any User Content posted by you or any other user of the Website.
8.6 Upon signing up to Kieble.com, you also agree to act as custodian of records for the content uploaded on the Website via your Kieble account.
8.7 Any questions regarding User Content can be addressed by emailing email@example.com.
As provider of the platform, we cannot be held liable for Users Content, nor verification of such User Content or identification of Users (including their age).
However, we reserve the right to access, on a random basis for moderation, under denunciation, or for cooperation with competent authorities or Law enforcement purpose, to Users’ profiles to monitor the use of Kieble (including any content or private message posted or broadcasted on Kieble) to ascertain that such use complies with these Terms or any applicable Laws.
We reserve the right, at our sole discretion and in accordance with these Terms, among others in sections 3 and 0, to take any step we consider appropriate if we become aware of any use of Kieble or User Content that, in our opinion, would not comply with these Terms or applicable Laws, as (this list being not exhaustive) deleting any User Content, disabling any User name, password, or other identifier, whether chosen by you or provided by us, or deactivating any User account at any time, marking any Kiebler’s profile as providing Explicit Content and disconnecting Subscriptions of minors upon becoming aware of their Subscriptions to such Profiles, reducing a minor access to Kieble, in order to protect that minor User from certain type of User Content.
In such a case, Kieble cannot be held liable for the possible consequences of such measures, in particular any disputes between Users arising therefrom.
10.1 We may collect and store personal data related to User’s access and use of Kieble’s platform, such as:
- username, password, email address, date of birth;
- phone number, profile picture, gender, favorite language, personal presentation;
- interactions with the platform, profiles’ consulting;
- login details, access dates, access hours, equipment’s data;
- messages exchanged between users.
10.2 We rely on one of these bases:
- our legitimate interest related to the implementation and development of Kieble platform;
- the Contract to which the User subscribed by accepting these Terms, upon registration;
- Users’ consent to the communication of specific information;
- legal obligation related to the holding and use of personal data.
10.3 We may collect and store this information in order to:
- provide the Website services and ensure its full performance;
- enable communications between Users;
- fulfill our legal obligations;
- improve our services;
- detect and prevent the risk of fraud or unlawful activities;
- carry out studies and provide statistics for our internal use only.
10.4 Data are only stored as long as they are required for the supply of Website services, and for compliance with applicable rules.
10.5 During that period, we adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of personal information, username, password, transaction information and data stored on the Website.
10.6 As payments services are achieved by an independent provider, Users’ data processing by the latter will be governed by its own terms and conditions available at the following address: https://stripe.com/fr/privacy. Any question about data processing by the external provider should be sent directly to him at the following address: https://stripe.com/contact.
10.7 We may transfer and share personal data related to Users’ access and use of Kieble platform as follows:
- sharing with Users: when a User subscribes to a Kiebler’s profile, information about his own Profile will be visible to such Kiebler.
Any specific information or data delivered by a User about his profile on a Kiebler’s Profile will be visible to all Subscribers of the latter. This shall not apply to the content of private messages between Users.
- sharing with competent authorities: we may share personal data with competent authorities in accordance with applicable rules, including in order to prevent any damage or offence, and to maintain the security of the Website.
- sharing with third parties within the European Union: we may contract with third parties providers or partners whose access to Users’ data are limited and who have a contractual or legal obligation to protect them and to use them solely for in accordance with the purpose of their disclosure: lawyers, certified accountant, or for the purpose of providing statistics or studies for internal use only, in accordance with present Terms.
10.8 It is stated that we will never sell Users’ data to a third party and will never let third parties access to private conversations between a Kiebler and its Subscribers.
10.9 Users have the right of access and rectification of their personal data. They have a portability right and the right to query, the right to limit, the right of deletion of personal data.
10.10 Users have the right to object to the processing of their data on legitimate compelling grounds.
10.11 All users can exercise their rights with respect to their personal data, by sending an email to the data controller, at the following address: firstname.lastname@example.org.
We may use data stored on the User’s device to allow the Website and the mobile application to store some information (hereinafter called the “Cookies”).
- provide the Website services and ensure its full performance;
- memorize setting and preferences and facilitate the Website operations;
- enable the communication between Users;
- detect and prevent safety risks;
- improve the Website services and offer best functionalities;
- carry out studies and provide statistics.
Unless otherwise agreed, this information won’t be stored more than 13 months.
12. Claim Copyright Infringement
Kieble undertakes to comply with the process described in this section, to the extent requested by applicable Laws.
12.1 We will respond to proper notifications of claimed copyright infringement and will take appropriate action including removing or disabling access to the allegedly infringing User Content and, if deemed appropriate by Kieble, terminating the account of the User who published said Content.
12.2 To notify us of claimed copyright infringement, please contact email@example.com.
12.3 A notification of claimed copyright infringement must include all of the following:
- a physical or electronic signature of a person authorized to act on behalf of the owner of the right that is allegedly infringed;
- identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works are covered by a single notification, a representative list of such works;
- identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
- information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
- a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the Law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
12.4 If we remove or disable access to your Content in response to a notification of claimed copyright infringement, we will make reasonable efforts to notify you, and you may make a counter-notification in writing to firstname.lastname@example.org.
12.5 A counter-notification must include all of the following:
- your physical or electronic signature;
- identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- a statement by you under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and your name, address, and telephone number, and a statement that you recognizethe jurisdiction of which you are located as competent and that you will accept service of process from the person who filed the notice of copyright infringement or an agent of such person.
12.6 If we receive a proper counter-notification from you, we will notify the party alleging copyright infringement and will reinstate the removed or disabled User Content within 30 Business Days following our receipt of your counter-notification, unless the party alleging copyright infringement notifies us first that it/he/she has filed a court action against you.
12.7 Any person who knowingly makes misrepresentations in a notification of claimed infringement or in a counter-notification may be liable for damages.
13.1 You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.
13.2 You may use social media features provided by the Website, solely as they are provided by us, and with respect to the Content they are displayed with. However, you must not:
- establish a link from any website that is not owned by you;
- cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking;
- link to any part of the Website other than the homepage; or
- otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms.
13.3 You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
13.4 We may disable all or any social media features and any links at any time without notice in our discretion.
13.5 If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
14.1 By using Kieble, you acknowledge and agree that, to the fullest extent permitted by Law:
14.1.1 Kieble and all of its services and features are provided without warranties of any kind, express or implied. We disclaim any and all warranties, express or implied, with respect to the use of Kieble and all of its services and features.
Your use of Kieble and its services and features will be solely and entirely at your own risk.
In particular, this list being not exhaustive, we do not warrant nor guarantee (i) the accuracy, usefulness, completeness or reliability of Kieble, (ii) the results of your use of Kieble, (iii) that Kieble and all of its services and features will be available at any particular time or location, nor secure, uninterrupted, and error-free, nor free of viruses and other harmful components (iv) that any defect or error will be corrected, or (v) that use of the Website will be uninterrupted or error free twenty-four hours a day, seven days a week.
You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
14.1.2 In no event shall Kieble be liable under contract, tort, negligence, strict liability or any other legal or equitable theory, for any indirect, incidental, exemplary, special, punitive or consequential damages (including, and without limitation, loss of use, profits, data or information, or loss of business goodwill or opportunity) arising out of or related to your use of (or your inability to use) Kieble or any of its services or features, nor shall Kieble be held liable in the event your User Content is illegally distributed by another User.
14.1.3 In no event shall our total and aggregate liability for any and all claims arising out of or related to the use (or inability to use) by any User of Kieble or any of its services or features, exceed the average monthly amount of revenues paid by such Subscriber or received by such Kiebler during the last 6 months before one claim is served by such User against Kieble or, in cases where jurisdictions do not allow the exclusion or limitation of liability, the minimum amount permitted by Law.
14.2 By using Kieble, you agree to indemnify and hold harmless us and our employees, agents, representatives, successors and assigns from and against any and all claims, demands, causes of action, actions, suits, proceedings, judgments, orders, damages, liabilities, losses, costs and expenses (including, without limitation, reasonable attorneys' fees and legal costs) arising out of or related to:
- your use of Kieble or any of its services or features;
- any User Content created, published, or otherwise made available on Kieble from your Kieble account;
- any transaction or interaction between you and any other User of Kieble; and/or
- your violation of these terms or any applicable Law.
15. Governing Law and dispute resolution
15.1 To the maximum extent permitted by mandatory rules if applicable (related in particular but without limitation, to consumer protection or intellectual property);, (i) these Terms as well as contractual relations between you and us regarding Kieble ou deriving from the use of your Kieble account shall be governed by and construed in accordance with the Laws of France (without regard to the conflict of law provisions thereof), and (ii) any dispute between you and us concerning Kieble or arising out of or related to your use of Kieble, shall be resolved exclusively by the competent courts within the jurisdiction of the Court of appeal of Paris.
15.2 Except where prohibited by applicable Law, any claim or cause of action by you concerning Kieble or arising out of or related to these Terms must be filed within one year after such claim or cause of action arose, or falling so, be forever barred.
16. Waiver and severability
16.1 No waiver of any provision set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other provisions of these Terms. Any failure to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
16.2 If any provision of these Terms is held by competent jurisdiction or authority to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms continue in full force and effect.