General Terms of Use and Site Privacy

Users

 

These General Terms of Use (“GToU”) are published by THERESHEGOES, a simplified joint-stock company with a share capital of €1,233.00, with registered office at 6 rue Colbert, 92350 Le Plessis-Robinson, France, listed in the Nanterre Trade & Companies Register under number 828 065 680 00013, with EU VAT number FR86828065680.

 

Phone: +31 628 92 85 03

Email: info@thereshegoeslive.com

 

The director of the publication is Claire PASSY.

 

The purpose of these GToU is to define the conditions under which Users of the Application may access and use the Services.

 

Users are required to validate the General Terms of Use when signing up, at which point Users are informed that the GToU remain accessible for consultation inside the Application via the “GToU” tab, as well as on the THERESHEGOES site.

These General Terms of Use govern the relations between THERESHEGOES and Users and prevail over any other document.

 

  • DEFINITIONS

 

 

 

  • Application” means the THERESHEGOES Application enabling the rendering of the Services, available on iOs and Androïd.

 

 

 

  • Personal Account” means the Personal Account created by a User when signing up to the Services.

 

 

 

  • General Terms of Use” or “GToU” means these General Terms of Use applicable to the Services provided to Users, including the Privacy Policy, and their subsequent evolutions and updates.

 

 

  • “Special Terms of Use” or “SToU” means the Special Terms of Use relative to the participation in, or organization of, an Event.

 

  • Elements means all the elements composing the Application, namely (non-exhaustive list): software, codes, databases, texts, documentation, drawings, logos, images, graphics, and other type of content.

 

  • Event(s)” means events organized by Organizers by means of the Application and in which the Users are free to participate. Events may be free-of-charge or alternatively, some nature of admission fee may be charged.

 

 

  • Signing up” means the steps followed to sign up to the Services as defined in article 3 herein.

 

 

  • Organizer means the User organizing an Event.

 

  • Services” means the services made available to Users by THERESHEGOES by means of the Application whose features are described in more detail in article 4 of these General Terms of Use. This is a mainstream consumer online service.

 

 

  • Site means the site accessible via the url: <thereshegoeslive.com>.

 

 

  • ThereSheGoes means THERESHEGOES, a simplified joint-stock company with registered office at 6 rue Colbert, 92350 Le Plessis-Robinson, France, listed in the Nanterre Trade & Companies Register under number 828 065 680 00013, said company making the Application and the Services available to Users.

 

  • User” or “Users” means any female person, to the exclusion of any male person, who signs up to the Services as a consumer, and who accepts these General Terms of Use, and who is therefore authorized by ThereSheGoes to access the Services in accordance with these General Terms of Use doing so as a User.

 

 

  • ACCESSING THE SERVICE AND ACCEPTING THE GENERAL TERMS OF USE

 

 

Subject to compliance with these General Terms of Use, Users are only authorized to access and use the Services for their own purposes.

 

Thus, the right to access and use the Services is limited, non-exclusive, non-transferable, and cannot be sub-licensed. The purpose of this right of access and use is to enable Users to avail of some or all of the Services via the Application within the framework of such access and such use, for the entire duration of use of, and subscription to, the Services.

 

Before a User can accessing and use the Services and all the related functionalities, she must sign up, doing so in accordance with the provisions of article 3 herein. Moreover, she must accept these General Terms of Use.

 

If a User does not agree to accept these General Terms of Use, then she must stop using the Application and its Services.

 

Accessing the Services requires a smart phone and an Internet connection; Users are fully and solely liable for providing and paying for their own means of access.

 

 

  • SIGNING UP TO, AND ACCESSING, THE SERVICES

 

 

Underage persons must first obtain the express authorization of their legal representative. Thus, on signing up, a User either confirms that she/he has the capacity to be legally bound by these General Terms of Use or, alternatively, that she/he has obtained the authorization of her/his legal representatives.

 

The information provided by the User is used to facilitate access to the Services, as well as to connect Users with similar interests.

 

The Signing-up procedure comprises the following steps:

 

  1. Users can sign up in two ways:

 

  • Either by means of the User’s Facebook account; if the User has Facebook, she has the option of clicking directly on the Facebook icon displaying in the Application (i.e., ThereSheGoes) when signing up. If the User does not have Facebook, she has the option of entering the identifiers of her Facebook account, namely her email address and her password.

 

In this case, the data that the User has entered in her Facebook profile is transferred to the Application. In doing so, the User is informed that the Application will never provide Facebook with any information nor data associated with the Application. Moreover, no information about any activities that she might carry out inside the Application nor related services will be provided to Facebook; in fact, nothing will be printed on her Facebook wall in regard to the Application.

 

  • Alternatively, by entering her email address: The User simply adds a password to her personal Account.

 

 

  • Signing up (continued):

 

 

 

  • Personal information 

 

 

In order to optimize her experience of the Services, the User is invited to fill in the following fields:

              • Last name
              • First name
              • Date of birth
              • Description”: a short presentation, including information that the User wants to provide regarding her personality and her habits.
              • City of residence“: her current city of residence;
              • Languages spoken »: language(s) she speaks; 
              • Experience»: Her current and past professional experiences 
              • I like”: The user has the possibility to evaluate with pourcentages her interests in some specific topics.

 

The User undertakes not to enter information nor make statements breaching laws or regulations in force, public order or morality, or infringing the rights of third parties, including, in particular (non-exhaustive list):

 

  • impersonate a third party;
  • make statements that could be considered violent, defamatory, abusive, malicious, obscene, discriminatory, hateful, racist, xenophobic, anti-Semitic, apologetic of war crimes, inciting crimes, misdemeanors or terrorism, violating the safety of underage persons;
  • likely to infringe or otherwise violate a third party’s intellectual property right;
  • make solicitations that could be considered as acts of unfair competition.

 

 

  • Centers of interest (“I like)

 

 

The User moves a number of sliders to indicate her degree of interest in different activities such as sport, traveling, culture, learning new things, food, networking, entrepreneurship, startups, and so on.

 

    • Geo-localization

 

Users can agree to share their geolocalization data, so as to optimize the opportunities available via the Application in their geographical area.

 

By enabling geolocalization, information can be pushed to Users about Events of potential interest to them in their vicinity.

 

Enabling geolocalization also makes it possible for a User who is about to go to another place, to determine in advance, the Events taking place there that are liable to be of interest to her.

 

Users are informed that they can refuse or accept geolocalization. However, it is considered that Users are aware that geolocalization enables the optimized use of the Application’s Services, in particular by suggesting nearby Events.

 

For more information on collecting personal data related to geolocalization, please consult our Privacy Policy here: https://thereshegoeslive.com/privacy-policy-en/

 

 

  • DESCRIPTION OF USER SERVICES 

 

 

Notwithstanding the fact that development work is ongoing on the Application, with new functionalities coming online (of which Users will naturally be informed), some of the Services currently available include:

 

  • A chat messaging service to contact and dialogue with other Users;
  • Meet users with similar interests thanks to the personal information provided when Signing up;
  • Participate in an Event organized by an Organizer;
  • Create an Event via the “Create” tab; the Organizer is then able to add a photograph taken from a stock of ready-made photographs, representing the Event, and can add other data: date, time, the type of User that she would like to invite selected from the suggestions made by the Application [determined according to affinities/centers of interest/shared interests], a description of the Event, means of contact for the Organizer, cost of admittance (or free-of-charge).
  • Enable the Application to push information of potential interest to the User, doing so in three different ways:

 

  1. By clicking on the “Home” tab and by geolocalization; the Application will generate all Events taking place in the vicinity of the User, doing so on the basis of the following criteria: nearest Event in terms of time/location; furthest Event in terms of time/location.
  2. By searching for a particular category of Event, by adding a keyword in the search bar following a hashtag “#”; the Application will generate all Events related to this search.
  3. By looking for Events in geographical areas outside of her own area.

 

The User can receive notifications directly about Events on her smartphone. The User is also informed that she can disable reception of these notifications by going to the parameters and settings of the Application or via her smartphone.

 

 

  • USER OBLIGATIONS 

 

 

 

  • USING THE SERVICES

 

 

The User undertakes to use the Services in accordance with the rules and conditions laid out in these General Terms of Use and, more generally, undertakes to behave in a responsible manner and not to infringe upon other Users, third parties nor ThereSheGoes.

 

In particular, the User undertakes to use the functionalities as they are intended, and not to misappropriate the functionalities.

 

The User further expressly undertakes not to:

 

  • Bring in a computer virus, worm, Trojan horse, logic bomb or any other malicious or malicious code file, program or form of code intended to damage, interrupt, suspend, destroy and or  limit the functionality of any computer or telecommunication equipment ;
  • Impersonate another person, another User, nor a ThereSheGoes employee or representative, and not to use the Service to send or transmit any content that could harm or deceive ThereSheGoes in any way; 
  • Use data-mining tools, robots or any other similar tools to collect or retrieve data about the Application and/or the Services;
  • Impede the operation of the Application and/or the Services, servers or network connections to the Application and/or the Services;
  • Violate the requirements procedures, policies or regulations relating to networks connected to the Application and/or the Services;
  • Modify, adapt, sublicense, translate, sell, reverse-engineer, decompile or disassemble any part of the Application and/or Services;
  • Attempt to gain unauthorized access to the Application/Site and/or the Services (or indeed to any part thereof);
  • Infringe, in any way, the rights of third parties or the laws and regulations in force.

 

In the event of a breach by the User of any of her obligations set out in these General Terms of Use, ThereSheGoes reserves the right to unilaterally terminate the contract that binds ThereSheGoes to the User as set out in article 12 herein.

 

 

  • ORGANIZING EVENTS 

 

 

If an Organizer wants to organize or participate in an Event, she is duly informed that she is bound by the SToU, which she undertakes to consult (available here; https://thereshegoeslive.com/terms-conditions-en/) and to accept if she wishes to avail of these Services.

 

 

  • INTELLECTUAL PROPERTY RIGHT

 

 

The Elements are the exclusive property of ThereSheGoes or its licensors.

 

The Elements are protected by French and international legislation relating to intellectual property rights (copyright and trademark law in particular) and may contain trade secrets or protected confidential information.

 

The User hereby agrees not to remove nor delete the copyright and other intellectual property information given on the Application.

 

In addition, these General Terms of Use do not grant Users any rights to the trademarks, nor to the designs owned by ThereSheGoes and its licensors, nor indeed to any of the Elements of the Application.

 

In a general manner, any rights not expressly granted herein are expressly reserved by ThereSheGoes or its licensors.

 

It is expressly forbidden for the User, without the prior agreement of ThereSheGoes, to copy, modify, improve, edit, translate, decompile, create a derivative work, reverse-engineer or in any other way attempt to find the source code, sell, assign, license or otherwise transfer all or part of the Application. The User is not permitted to access the Services by any means other than via the Application that is provided by ThereSheGoes for this purpose.

Any reproduction, representation or exploitation of any nature whatsoever and for any purpose whatsoever, of all or part of the content of the Application or the Services, including, but not limited to, brands, images, logos, illustrations, photos, texts, without the prior written authorization of ThereSheGoes, constitutes acts of counterfeit to be sanctioned under civil and penal law, in addition to violating these GToU.

The User is expressly informed that she will not be able to download any Element; specifically, the Elements are only accessible via the Services.

 

The User is and remains the owner of, or at the very least, the party in charge of the data and content which the User makes available, transmits or stores on her computer/smart phone/tablet by means of the Services, and within the framework of these General Terms of Use (personal data, etc.).

 

 

  • WARRANTY DISCLAIMER/LIABILITY

 

 

Subject to warrantees that cannot be excluded nor limited pursuant to the law, neither ThereSheGoes nor its licensors nor its suppliers grant any warranties of any kind.

 

Thus, ThereSheGoes will in no way be held liable for any direct or indirect damages that the User may suffer as a result of using, or not using, the Services including, but not limited to, the signing-up process and/or participating in an Event.

 

In particular, ThereSheGoes shall not incur any liability in the event of a User having problems with another User whom she met through the Application, including the case where the other User posted a false profile or a false identity (including the case of a man pretending to be a woman). Even though ThereSheGoes does its utmost to ensure that all Users are female, this cannot constitute an obligation of result.

 

ThereSheGoes shall not incur any liability in the event of unauthorized or fraudulent use of the Services nor in the event of loss, theft or transmission of the personal codes used to log in to the Services.

 

 

  • INTERNET – MOBILE NETWORK

 

 

ThereSheGoes draws the User’s attention to the features and limitations of the Internet and, in particular, to the following:

 

  • Using the Internet can generate a variable cost depending on the connection modes/operators, etc. which will be borne solely by the User;
  • Any operation done on the Internet or a mobile network (including downloading, usage, viewing and transferring information) may require a certain response time;
  • Data circulating on the Internet or on the mobile network is not necessarily protected against misappropriations or viruses; therefore, the communication of passwords, confidential codes, and in a general manner, any sensitive information is considered as done by the User at the User’s own risk and peril;
  • Any data circulating on the Internet or on the mobile network may be regulated in terms of use, or may be protected by a right of ownership;
  • Accessing the Internet or the mobile network requires complying with the rules applicable in the country where the information is consulted or issued;
  • Transmitting data from France or from another country is subject to specific regulations which should be consulted whenever necessary.

ThereSheGoes recommends that Users have a fast connection to the Internet/mobile network. In any case, ThereSheGoes shall not incur any liability in the event of slow loading or downloading caused directly by the Internet or in the event of the User experiencing difficulties to gain access to the Internet/Mobile network. Likewise, ThereSheGoes is not able to guarantee the continuity of the Services executed via the Internet or the mobile network, and this is expressly acknowledged by the User.

The User hereby declares that she is familiar with the Internet and accepts its characteristics and limitations, and in particular its levels of technical performance and response time as regards consulting, submitting queries, making data transfers or downloading information, as well as regards the limits of Internet coverage of her ISP, and she acknowledges that it is up to her to take all appropriate measures to protect her own data and/or software from possible contamination by viruses in the data exchanged.

 

Therefore, ThereSheGoes shall not incur any liability in the case of any inconveniences, obstacles or damages inherent to the use of the Internet network, including in particular any discontinuance of service, external intrusions or computer viruses, whereby any such situations shall be considered cases of force majeure.

 

 

  • ACCESS TO THE SERVICES 

 

ThereSheGoes informs the User that ThereSheGoes cannot be held responsible in the event of total or partial failure or interruption of the Services, whatever the reason, including, but not limited to, cases of force majeure.

For the purposes of these General Terms of Use, a force majeure is defined as an unforeseeable and/or unavoidable event beyond the control of ThereSheGoes, as generally defined by case law. In the event of a force majeure, ThereSheGoes shall inform the user of the consequences and shall do its utmost to limit them so that the User can reuse the Services immediately upon discontinuance of the force majeure.

 

  • FINANCIAL TERMS AND CONDITIONS 

 

 

The downloading and use of the Application and its Services, excluding organizing or participating in Events, are offered free-of-charge. The User is requested to consult the SToU in order to determine the conditions applicable when organizing or participating in Events.

 

 

  • USER SUPPORT

 

 

ThereSheGoes can provide Users with technical support to resolve any difficulties encountered when using the Services.

 

The User can also refer to the detailed information provided by ThereSheGoes as regards the Application.

 

In the event of technical difficulties being encountered while using the Services, the User may contact ThereSheGoes in the related tab of the Application or by means of the Site. Whilst ThereSheGoes shall do its utmost to respond to and remedy any difficulties within a reasonable time, this shall not constitute, and cannot be interpreted as, any nature of obligation of means or result.

 

 

  • DURATION AND CLOSURE OF THE SERVICES

 

 

Once a user has signed up, it is for an indefinite period.

 

A User can however close her account at any time, by going to her Personal Account.

 

Even if a given User has closed her account, she can decide to sign up again to the Services at a later time. However, ThereSheGoes gives no guarantee that she will be able to retrieve any data previously uploaded to the personal Account that she closed.

 

In the event of a non-serious breach by the User of any one of her obligations under the General Terms of Use, or the Special Terms of Use, or the legislation in force, ThereSheGoes shall send a notification to the User by email, calling on her to remedy this breach. If she has not done so within no more than eight (8) calendar days, or if the User commits a new breach in the future, ThereSheGoes reserves the right to suspend her access to the Services or to immediately and automatically terminate her membership, notifying this by sending the concerned User an email, all without prejudice to any other rights and recourse.

 

In the event of a serious breach including, but not limited to (i) behavior or conduct which could be considered prejudicial to one or more other Users; (ii) a breach which cannot be remedied; (iii) a failure of a nature to cause direct or indirect prejudice to ThereSheGoes; (iv) furnishing information or making assertions contrary to applicable rules and regulations, public order or morality, or infringing the rights of third parties, ThereSheGoes reserves the right to suspend access to the Services of the User or to immediately and automatically terminate the User’s membership, notifying this by sending the concerned User an email, all without prejudice to any other rights and recourse.

 

In the event of membership termination, be this by the User or by ThereSheGoes, in accordance with this article, the User will no longer be able to access the Services nor her personal Account which shall be closed.

 

All warranty and liability disclaimers set out in these General Terms of Use as well as in the Special Terms of Use shall remain in force after termination of the General Terms of Use and/or following closure of the User’s account.

 

 

  • PERSONAL DATA

 

 

ThereSheGoes, keen to ensure the security of Users personal data (hereafter the “Personal Data“) undertakes to ensure the compliance of processing of Personal Data done by ThereSheGoes in its capacity as data controller as per the General Terms of Use, in compliance with the French Electronic Data Privacy Bill, and moreover, as of 25 May 2018, is bound by the 2016/679 Ruling of the European Parliament and Council, dated 27 April 2016.

In accordance with the above-mentioned Electronic Data Privacy Bill, the processing of Personal Data entered or provided by Users when signing up to the Services or when using the Services has been declared by ThereSheGoes To the French Data Privacy Regulator (“CNIL”).

Personal Data collected regarding the Application is the data provided voluntarily by the User when signing up or when using the Services along with, as may be applicable, Data collected automatically by the Company as part of its activity, notably by means of cookies.

 

Moreover, ThereSheGoes can geo-locate Users in order to provide them with information about Events in their sector. If a User decides to avail of this Service, she expressly agrees that her geolocation Data will be collected, indicating her acceptance by ticking a box in the privacy settings of her phone or at the time of use of the Application, in accordance with the provisions of article 34-1-V of the Electronic Communications and Postal Code. If a User does not wish to provide her geolocation Data, she simply refrains from ticking the aforementioned box. However, it is considered that Users are aware that geolocalization enables the optimized use of the Application’s Services, in particular by suggesting nearby Events.

 

ThereSheGoes collects and processes the Personal data of the User for the sole purpose of providing her with good-quality, optimized Services.

 

The User is informed that she has a constant right of access, modification, opposition and portability to her Personal Data. She can validly exercise these rights by sending an email to info@thereshegoeslive.com or by sending a land mail to the following address: 6 rue Colbert 92350, Le Plessis Robinson, France, indicating her identity and providing proof of her identity. The User is also informed that she can validly file a complaint with the CNIL (Commission Nationale Informatique et Libertés) if she considers that her rights have not been respected.

The ThereSheGoes Host is Amazon Web Services, located at  38 avenue John F. Kennedy L-1855 Luxembourg. The User is informed that the Company does not collect any “Sensitive” Data within the meaning of the legislation and regulations in force, and any Data collected is not transferred outside the European Union.

For more information, the User can consult the Privacy Policy concerning Data collected by ThereSheGoes available at: https://thereshegoeslive.com/privacy-policy-en/

 

  • MODIFICATIONS TO GENERAL TERMS AND CONDITIONS 

 

 

ThereSheGoes reserves the right to modify the General Terms of Use at any time.

 

Any such changes will be notified immediately on the Application by way of an information screen displaying on the home page immediately upon login.

 

These changes will be immediately apparent on the Application, through information displayed on its home page visible upon login.

 

If the User does not agree with the modifications made to these General Terms of Use, she can cancel her membership as provided for in article 12 herein.

 

 

  • COMPLETENESS OF THESE TERMS OF USE AND ASSIGNMENT

 

 

In the event of a stipulation of the General Terms of Use being held invalid or declared as such pursuant to a law or regulation or definitive decision handed down by a competent court, the other stipulations of the General Terms of Use shall retain their full force and scope.

 

Neither party may assign, transfer or otherwise retrocede any or all of its rights or obligations under the General Terms of Use, be this at no cost or for a fee, unless and until it has the prior written agreement of the other party. By way of exemption to the preceding, ThereSheGoes shall be free to assign, transfer or otherwise retrocede some or all of these General Terms of Use in the event of a company reorganization (including merger, takeover, total or partial contribution of assets, direct or indirect change of control).

 

 

  • APPLICABLE LAW AND COMPETENT JURISDICTION

 

 

These General Terms of Use are governed by French law.

 

Any dispute that might arise between ThereSheGoes and a User relating to the validity, interpretation or execution of these General Terms of Use or to the termination of membership is subject to the jurisdiction of the competent French courts in accordance with French law.

 

Most recent version of these GToU: 7 avril 2020

 

 

SPECIAL TERMS OF USE

FOR PARTICIPATING IN OR ORGANIZING AN EVENT

 

These Special Terms of Use (“SToU”) are published by THERESHEGOES, a simplified joint-stock company with a share capital of €1,233.00, with registered office at 6 rue Colbert, 92350 Le Plessis-Robinson, France, listed in the Nanterre Trade & Companies Register under number 828 065 680 00013, with EU VAT number FR86828065680.

 

Phone: +31 628 92 85 03

Email: info@thereshegoeslive.com

 

The director of the publication is Claire PASSY.

 

The purpose of these SToU is to define the conditions under which Organizers and Users can access and use the Services, doing so in particular in order to organize or participate in Events.

 

It is understood that the General Terms of Use applicable to Users are fully applicable to Event Organizers and Participants, with these SToU specifically applicable to the organization of, and participation in, Events. We suggest you consult the General Terms of Use at the following link:https://thereshegoeslive.com/terms-conditions-en/

 

Organizers and Participants must validate these SToU when organizing or participating in their first Event. The SToU are stored on a durable medium and will remain accessible on the Application and on the Site.

These SToU combined with the General Terms of Use govern the relationship between ThereSheGoes and Users, including Organizers and Participants, and they prevail over any other document.

 

  1. DEFINITIONS

 

  • Application” means the THERESHEGOES Application enabling the rendering of the Services, available on iOs and Androïd.

 

  • Personal Account” means the Personal Account created by a User when signing up to the Services.

 

  • General Terms of Use” or “GToU” means these General Terms of Use applicable to the Services provided to Users, including the Privacy Policy, and their subsequent evolutions and updates tough, whereby the General Terms of Use also apply in their entirety to Organizers and Participants. The GToU are available here: https://thereshegoeslive.com/terms-conditions-en/.

 

  • Special Terms of Use or SToU means the Special Terms of Use relative to the participation in, or organization of, an Event, and any updates.
  • Elements means all the elements composing the Application, namely (non-exhaustive list): software, codes, databases, texts, documentation, drawings, logos, images, graphics, and other type of content.

 

  • Event(s)” means events organized by Organizers by means of the Application and in which the Users are free to Participate. Events may be free-of-charge or alternatively, some nature of admission fee may be charged.

 

  • Signing up” means the steps followed to sign up to the Services as defined in article 3 herein.
  • Organizer means the User organizing an Event. “ 
  • Participant means a User who has registered for an Event and/or participated in an Event.
  • Services” means the services made available to Users by THERESHEGOES by means of the Application whose features are described in more detail in article 4 of these SToU. This is a mainstream consumer online service.
  • Site means the site accessible via the url: <thereshegoeslive.com>.
  • ThereSheGoes means THERESHEGOES, a simplified joint-stock company with registered office at 6 rue Colbert, 92350 Le Plessis-Robinson, France, listed in the Nanterre Trade & Companies Register under number 828 065 680 00013, said company making the Application and the Services available to Users.
  • User” or “Users” means any female person, to the exclusion of any male person, who signs up to the Services as a consumer, and who accepts these General Terms of Use, and who is therefore authorized by ThereSheGoes to access the Services in accordance with these General Terms of Use doing so as a User.

 

  1. ACCESSING THE SERVICE, ACCEPTING THE TERMS OF USE AS WELL AS THE SPECIAL TERMS OF USE

 

If a User wants to organize and/or participate in an Event, she must sign up beforehand in accordance with article 3 of the General Terms of Use, and must fully accept, without reservation, the General Terms of Use as well as the SToU. Signing up to the Services requires that the user have the capacity to be legally bound by the General Terms of Use as well as, if applicable, by the SToU.

 

Only Users of adult age may propose or participate in Events.

 

As soon as a User suggests an Event, she becomes an Organizer as defined in article 1 not the General Terms of Use and the SToU.

 

As soon as the User signs up to the Services or participate in an Event, she becomes a Participant within the meaning of article 1 of the General Terms of Use and the SToU.

 

If the Organizer and/or the Participant does not accept the SToU, she is not allowed to organize or participate in any Events.

 

 

  •  DESCRIPTION OF THE GENERAL AND SPECIFIC SERVICES OF ORGANIZERS 

 

 

  • Services Available to ThereSheGoes Users 

 

By availing of the Services, Organizers can set up a Personal Account in order to contact other Users with the same interests, to suggest creating new Events or participating in Events.

 

A full description of the Services available to Users is given in article 4 of the General Terms of Use.

 

  • Creating Events 

 

To create an Event, the Organizer simply clicks on the corresponding tab.

 

The Organizer then add the following:

 

The Organizer is invited to add:

 

  1. a photograph of the event, taken from a pre-existing stock; / 8JU
  2. location of the event (city – country);
  3. schedule of the Event (start time – end time);
  4. list of Users invited to the Event;
  5. keywords for the event, preceded by a hashtag “#”;
  6. description of the event;
  7. possibility for the Organizer to be contacted by clicking on the relevant tab;

 

After adding this information, the Organizer must click on the tab at the end of the “Create” page to generate a record for her Event.

 

A notification to those Users invited by the Organizer is then automatically generated by the Application.

 

Users who are interested in organizing an Event may also apply to participate in the Event proposed by the Organizer; the Organizer is responsible for accepting or refusing applications.

 

The Organizer and the User will be able to receive directly, on their smart phone, notifications about Events. They are simultaneously informed that if they no longer wish to receive these push notifications, they must modify the parameters/settings of the Application or, alternatively, their smart phone.

 

  • Followed by other Users

 

Users can follow the creation of new Events by Organizers.

 

Any User who wants to follow the news of an Organizer simply clicks on a “Heart” tab on the Organizer’s profile.

 

  • Blocking Users

 

Users are informed that they can block other Users as they wish; once a User has been blocked, she will no longer be able to contact  the User who blocked her.

 

To unblock a User, the blocking User goes to the list of blocked Users, and unlock the desired person by clicking on the relevant tab.

 

  1. OBLIGATIONS AND RESPONSIBILITIES RELATING TO THE ORGANIZATION OF, AND PARTICIPATION IN, AN EVENT 

 

4.1 USING THE SERVICES 

 

The Organizer undertakes to use the Services in good faith under the conditions set out in the General Terms of Use and, in those set out in the SToU (case where the Organizer organizes an Event) under penalty of unilateral termination by ThereSheGoes of the Organizer’s membership.

 

The Organizer is particularly committed to using the functionalities according to their intended end purpose, and not to misappropriate the intended functionalities.

 

4.2 NATURE OF EVENTS

 

The Organizer shall not propose any Event contravening the rules and regulations in force. Moreover, the Organizer commits to respecting public order and good morals and will refrain from organizing or describing any Events that could give rise to behavior or opinions that could be considered as offensive, discriminatory, defamatory, racist, derogatory, degrading, anti-Semitic, xenophobic, homophobic, or of a nature to infringe the image, dignity, or intellectual property rights of any third party, without the preceding constituting an exhaustive list.

 

In addition, the Organizer undertakes to ensure that the Events which she organizes shall be as she describes them when creating them. If entering an Event requires paying an admission fee, the Organizer undertakes never to require Users to pay an admission above and beyond the amount indicated on the Application or on the Site when the Event was first created.

 

4.3LIABILITY FOR ORGANIZING, HOLDING AND PARTICIPATING IN EVENTS

 

The goal of the Application and, by extension, the site, is to bring Users together, and in particular, Organizers and Participants.

ThereSheGoes does not intervene in the organization, execution and/or the holding of the Events themselves. Thus, and without this list being exhaustive, ThereSheGoes declines any responsibility as regards the nature, the character, the organization and/or the effective holding, or not, of the Events, this including Users registered for an Event actually showing up, and also including any damages, regardless of nature or cause (subject to there being a public order provision to the contrary) which might result from organizing, signing up to, or participating in, an event.

The Organizer acknowledges that she bears all the risks and consequences directly or indirectly related to the organization of Events and/or the holding of an Event and agrees to hold ThereSheGoes harmless for and against any claims or court sentences in this regard. Specifically, the Organizer agrees not create, in any way, confusion in the mind of Participants that her Event might have been organized in partnership with ThereSheGoes, or even with the approval of at ThereSheGoes.

 

Likewise, the Participant signs up for, and participates in an Event, under her own responsibility; therefore, she shall not be entitled to make any claims against ThereSheGoes in regard to any Event, or indeed any cancellation of any Event. Specifically, the Organizers are fully and solely responsible for any modification to any Event and agree to pay all the prices displayed for the participation in/organization of, the Event. Subject to any contrary public policy provision, ThereSheGoes shall not be held liable by any Participant who has suffered, or believes to have suffered, any prejudice directly or indirectly related to that Participant signing up to, or participating in, an Event.

 

Events are organized under the sole responsibility of Users; any cancellation or reimbursement procedure, or absence thereof, shall not concern ThereSheGoes in any way.

 

In addition, the Participant undertakes to inform the Organizer of any medical or physical problem of any nature prior to organizing an Event that might prevent that Participant from safely participating in that Event. The Participant agrees to abide by the instructions given by the Organizer during the running of the Event. Lastly, the Participant agrees to comply with all laws and regulations in force where the Event is held, in particular, but not limited to, the legal age of consumption of alcoholic beverages.

 

In the event of damages or difficulties being encountered within the context of organizing an Event, the Organizer and the Participants undertake to inform ThereSheGoes thereof without delay, without however this requirement being interpretable as ThereSheGoes incurring any obligation nor liability in this regard.

 

An Organizer is free to choose the Events she wishes to organize, and there shall be no nature of employer/employee relationship, or similar, between ThereSheGoes and a given Organizer, such as this relationship is interpreted by the applicable law and case law. Moreover, the Organizer undertakes not to make the organizing of Events her main activity.

 

4.4 FEEDBACKS 

 

A User may give Feedback regarding an Event, in order to give her opinion and indeed rate the content and quality of an Event in which she has participated as a result of using the Application.

 

The better the feedback and the higher the number of “liked” Events, the higher the User’s score will be.

 

For a User to provide feedback, she must actually have participated in the corresponding Event.

 

The User gives an undertaking to do her utmost to provide proper feedback, correctly written in terms of expression, spelling and grammar.

 

The User undertakes not to enter any Feedback that might violate laws and regulations, public order or morality, or that infringe the rights of third parties, including, but not limited to, the following:

 

  • impersonating a third party;
  • making statements that could be considered violent, defamatory, abusive, malicious, obscene, discriminatory, hateful, racist, xenophobic, anti-Semitic, apologetic of war crimes, inciting crimes, misdemeanors or terrorism, violating the safety of underage persons;
  • of a nature to infringe or otherwise violate a third party’s intellectual property right;
  • engaging in solicitations that could be considered acts of unfair competition.

 

Under no circumstances shall ThereSheGoes incur liability in regard to the content, accuracy or relevancy of any Feedback voluntarily provided by a User.

 

The User agrees that any Feedback she submit shall be made public on the Internet; that is to say, published, possibly edited, possibly translated, possibly reproduced on any medium, and liable to be accessed, saved and reproduced by other Users and by ThereSheGoes.

 

Under normal circumstances, ThereSheGoes does not actually modify any Feedback submitted by Users; however, ThereSheGoes does reserve the right to delete or correct Feedback at its sole discretion, without the User being able to claim that she suffered any prejudice as a result.

 

In the event of diffusion on the Application of Feedback contrary to the GToU, or to French law and to the rights of the thirds, any person can signal the existence of such contents by contacting ThereSheGoes at the following address 6 rue Colbert, 92350 Le Plessis Robinson, France.

 

The Organizer undertakes never to respond to Feedbacks by statements that are contrary to the laws and regulations in force, public order and morality, or that infringe the rights of third parties.

 

In the event where an Organizer considers Feedback contrary to the GToU or the SToU, she can contact ThereSheGoes at  info@thereshegoeslive.com. ThereSheGoes reserves the right to remove or correct feedback at ThereSheGoes’s sole discretion, without the Organizer being able to claim that she suffered any prejudice as a result.

 

  1. INTELLECTUAL PROPERTY RIGHTS 

 

Users having the status of ‘Organizer’ and ‘Participant’ undertake to respect the intellectual property rights of ThereSheGoes or its licensors, doing so under the same conditions as those defined in the GToU.

 

The Organizer undertakes never to infringe the intellectual property right of a third party as a result of organizing an Event. Specifically, this means that the Organizer shall refrain from any descriptions or organization of an Event that violates copyright, trademark law, design law, or similar (i.e., non-exhaustive list). The Organizer undertakes to solicit all the authorizations that might be required to use a third party’s intellectual property right.

 

  1. EXCLUSION OF WARRANTY AND LIMITATION OF RESPONSIBILITY OF THERESHEGOES 

 

Subject to warrantees that cannot be excluded nor limited pursuant to the law, ThereSheGoes’s shall not incur any liability as a result of Organizers and/or Participants organizing, signing up for, running, or participating in Events, nor as a result of any consequences or damages ensuing therefrom.

 

In any case, and without prejudice to the aforementioned limitations/exclusions of liability and bearing in mind common practices in its sector of activity, ThereSheGoes, notwithstanding its commitment to provide all care and support that could be reasonably expected in meeting its obligations, shall only be bound by an obligation of means.

  1. FINANCIAL CONDITIONS WHEN ORGANIZING OR PARTICIPATING IN A PAYING EVENT

 

The Organizer is free to organize Events that require payment of an admission fee.

 

In this case, any Users who want to participate in the corresponding Event must pay the admission fee, doing so either when signing up for the Event, or when validating their participation in the Event. ThereSheGoes shall receive a commission of 20% of the price paid by the Participants. This commission shall be collected directly by ThereSheGoes.

 

Payments will be made via the platform [STRIPE, HQ, 510 Townsend st, San Francisco, United States].

 

For more information on this service provider, we recommend you consult its general terms and conditions available at [https://stripe.com/fr-FR/privacy].

 

Please note that under no circumstances shall ThereSheGoes incur any obligation to reimburse an admission fee paid by a User in order to take part in a given Event, regardless of the outcome of the Event including, the case where the Event does not even take place at all, or where the Event were not to correspond to the expectations (even a legitimate) of one or several Participants. Likewise, ThereSheGoes shall not incur any liability in the event of a Participant failing to pay, for whatever reason.

 

The Organizer shall be personally responsible for ensuring compliance with all the applicable laws including, in particular, but not limited to, laws ensuing from the Consumer Code. Moreover, the Organizer shall be responsible for proceeding to all the declarations required by the authorities (fiscal, social, etc.).

 

  1. ORGANIZING SUPPORT/USER 

 

ThereSheGoes can provide the Organizer and the Participant with technical assistance with using the Services.

 

The Organizer and the Participant can refer to the detailed information provided by ThereSheGoes regarding the Application.

 

9.DURATION OF THE SIGNING-UP PERIOD TO THE SERVICES

 

Once a User has signed up, she is entitled to stay signed up for an indefinite period.

 

10.CANCELLATION OF MEMBERSHIP BY THE ORGANIZER OR BY THERESHEGOES

 

All the terms and conditions of termination of membership, including un-subscription from the Services, as described in the General Terms of Use are applicable to the Organizers and to the Participants.

 

All limitations of warranty and liability already provided for in the General Terms of Use will remain in effect after termination.

 

  1. PERSONAL DATA

 

All the terms and conditions of termination of membership, including un-subscription from the Services, as described in the General Terms of Use, are applicable to the Organizers and to the Participants.

 

  1. RIGHT OF WITHDRAWAL 

 

In the event where a User participating in an Event enters into a business transaction with a professional within the meaning of the French Consumer Code, she automatically, pursuant to the provisions of article L 221-18 et seq. of the Consumer Code has a right of withdrawal from that transaction. She can exercise this right of withdrawal by contacting the professional within no more than fourteen (14) days as from the day following the transaction date.

 

Since ThereSheGoes acts as an interface to bring together Participants and Event Organizers, it is understood that ThereSheGoes shall not intervene in the above-mentioned right of withdrawal granted to Users.

 

  1. HANGES TO SPECIAL CONDITIONS

 

ThereSheGoes reserves the right to modify the SToU at any time.

 

Any such changes will be notified immediately on the Application by way of an information screen displaying on the home page immediately upon login.

 

If the Organizer or Participant does not accept the modifications made to the GToU or to the SToU, she can cancel her membership under the conditions set out in the GToU.

 

  1. COMPLETENESS OF THESE SPECIAL TERMS OF USE AND ASSIGNMENT THEREOF

 

In the event of a stipulation of these SToU, being held invalid or declared as such pursuant to a law or regulation or definitive decision handed down by a competent court, the other stipulations of the SToU, shall retain their full force and scope.

 

In case of conflict between the GToU, and the SToU, it is understood that the SToU shall prevail over the GToU.

 

Neither party may assign, transfer or otherwise retrocede any or all of its rights or obligations under the GToU or the SToU, be this at no cost or for a fee, unless and until it has the prior written agreement of the other party. By way of exemption to the preceding, ThereSheGoes shall be free to assign, transfer or otherwise retrocede some or all of the GToU or the SToU in the event of a company reorganization (including merger, takeover, total or partial contribution of assets, direct or indirect change of control).

 

  1. APPLICABLE LAW AND COMPETENT JURISDICTION

 

These SToU are governed by French law.

 

Any disputes that might arise between ThereSheGoes and an Organizer or a Participant relating to the validity, interpretation or execution of these SToU or to the termination of membership is subject to the jurisdiction of the competent French courts in accordance with French law.

 

Most recent version of these SToU: 7th April 2020