The Dailywish Post - Terms and Conditions

The Company, Open Resources, (hereinafter “Open Resources”) provides you, its users, (hereinafter “user(s)”), with the services of The Dailywish Post subject to your acceptance of and adherence to its current general conditions of access and usage, hereafter referred to as “Terms & Conditions of Use”. Open Resources reserves the right to amend or add to the Terms & Conditions of Use at any time without prior notification and to modify the functions, manner of usage and methods of payment relating to The Dailywish Post at any time. Therefore, you are advised to check regularly the Terms & Conditions of Use which are permanently accessible at the foot of the page of “The Dailywish Post” (hereinafter, “The Dailywish Post” or “the Site”) to ensure that you understand fully your rights and obligations on connection to the website of The Dailywish Post. You are deemed to have read, understood and accepted the latest version of Open Resources’ Terms & Conditions of Use on each new connection to the site.

The provision of the services available on the Site, whether free of charge or, alternatively, conditional upon payments to be made to Open Resources, is strictly limited to persons over 18 years old and who are, in all respects, legally empowered to enter into a contract with Open Resources (under the laws applicable in the country from which access to the Site is gained).

Parents, it is your duty to monitor your children’s access to and use of the Internet. As legal guardian of your children, it is your responsibility to allow or to forbid your children to access and/or to use sites and services available via the Internet and to supervise your children’s use of such sites and services. The Site may provide access to services and material which Open Resources might deem inappropriate for minors and Open Resources wish to avoid the exposure, to minors, of such services and material. Please take all necessary measures to prevent your children from viewing material inappropriate for minors.

Open Resources advises you, its users, to take all necessary precautions when engaging in contact with other Internet users who are not well-known to you, whether or not that contact results from your use of the services of The Dailywish Post. Open Resources accepts no responsibility whatsoever for contact or encounters (or consequences thereof) between Internet users having accessed The Dailywish Post.

ARTICLE 1 – ACCEPTANCE OF TERMS & CONDITIONS OF USE

The user is deemed to have read and accepted the latest version of the Terms & Conditions of Use and during any given session of connection to the Site and, in using any service available at The Dailywish Post, the user is deemed to declare and to affirm their having read and accepted the current Terms & Conditions of Use at the time of the commencement of their current connection to the Site.

In the event that the user is deemed to have failed to respect and/or to abide by the Terms & Conditions of Use, Open Resources reserves the right to deny the user access to the services Open Resources provides.

ARTICLE 2 – DESCRIPTION OF SERVICES

The Dailywish Post is a website intended to facilitate the exchange of romantic or otherwise personal messages or other media between its users. It provides the user with the means to exchange written messages, videos, video messages or photographs with friends, contacts or family.

Find out how the Site functions by clicking here

Without obligation or subscription, you can;

Read messages available on the Home Page and in the “Archive” (which is accessible from the navigation menu at the top of the Home Page.
Follow messages via the medium of RSS.
View all of the pages of the Site (with the exception of the “Send a Message” page).

Choices you might select such as;

Send a message
Connect
Reply to a message
Add to favorite

will result in your being redirected to the “Free Subscription” page.

Free Subscription will entitle you to;

Post written messages, videos or photographs.
Receive The Dailywish Post Newsletter.
Send a message to another user who has posted material (provided they have indicated that they wish to accept such responses).

ARTICLE 3 – ACCEPTANCE OF YOUR MESSAGE

All messages submitted to the Site are read and moderated by Open Resources’ Publication Team who are authorised, by Open Resources, to refuse to publish, without explanation, any message or part thereof which is deemed inappropriate to the nature and purpose of the Site, potentially including (but not limited to) messages considered to be commercial, advertisements, political, racist, hurtful or offensive, malicious or pornographic. In the case of such a refusal, the user will be notified of the refusal and Open Resources reserves the right not to enter into any correspondence with the user or other persons as regards the refusal to publish.

Once an introductory announcement has been validated for publication, the user will be notified of its acceptance by email, accessible in the section “Read my Messages”.

For all enquiries relating to the moderation of introductory announcements, please address your question to message@thedailywishpost.com

ARTICLE 4 – OPENING AN ACCOUNT – PROOF OF IDENTITY – EXCHANGE OF INFORMATION

During subscription to The Dailywish Post, the user is requested to enter their email address, their password and certain personal information (Address, Town, Postal Code, Country). Upon validation and acceptance of the user’s subscription, the user will receive an email to confirm the email address provided by the user during the subscription process and to authorise the user to visit the Site and its various contents and sections. On arrival at The Dailywish Post, the user will confirm their email address (“login”) and password (hereinafter “identification”) which will allow the user access to their personal account.

Confidentiality and Identification

The identification of the user is personal, private and confidential. These details cannot be changed except by a request submitted by the user to Open Resources (with the exception of the user’s password which the user may change at any time).

The user is solely and entirely responsible for the correct and proper use of their identification and the user must take all necessary precautions to ensure that their identification remains known only to them. On no account should a user’s identification be divulged to any other person in any way.

In the case of the loss or theft or divulgence of a user’s identification details, the user is solely responsible for any and all consequences including consequential losses and the user whose identification is concerned should, at the earliest possible opportunity, inform Open Resources of such a situation by the submission of a message to contact@thedailywishpost.com

Proof

The user and Open Resources, (hereinafter “the parties”), agree that;

The presence of identification details with a document or message provides valid confirmation of the identity of the user who has submitted or posted such a document or message and of the authenticity of such a document or message.
An electronically-generated document or message featuring a user’s identification is deemed equivalent to a written document or message featuring the author’s written signature.
The parties accept that electronically-generated documents or messages, once printed onto paper direct from the message programme to which they were posted, constitute valid proof of the content of such documents or messages for the purposes of the potential application of the current Terms & Conditions of Use.

Exchange of Information

The user accepts the use of electronic messaging as a medium for the exchange of information the user may have requested in relation to the services available on the Site.

ARTICLE 5 – PERSONAL DATA

Open Resources undertakes to treat all personal data provided by the user in relation to the user’s subscription to and usage of The Dailywish Post in accordance with CNIL.

The personal data provided to Open Resources by the user will not result in the display or divulgence, directly or indirectly, of the user’s ethnic origins, political alignment, philosophies, religious persuasion, union affiliation, health status or sexual orientation.

The personal data provided by the user will be treated responsibly, legitimately and in good faith by Open Resources for the specific, legitimate and defined purposes relating to their provision to Open Resources and such data will not be used, presently or in the future, for other un-related purposes in a manner which would permit the identification of persons concerned.

The personal data provided by the user will not be passed on to any party beyond the scope and control of Open Resources.

The Dailywish Post may use cookies for the purposes of identifying users and easing navigation on the Site. Open Resources undertakes not to use cookies for any other purposes.

The user is informed, in the current Terms & Conditions of Use, that personal data, the provision of which is described as being obligatory (“required”) of subscribers to The Dailywish Post so as to facilitate the provision of services defined in Article 2 of the current Terms & Conditions of Use, is necessary for use of the services and such data is used solely to that end by Open Resources who, to the fullest extent possible, take precautions to safeguard the security of that data.

In addition, the user has the right to access and to amend their personal data. This right may be exercised by email to contact@thedailywishpost.com

Third parties may also express concerns relating to personal data to contact@thedailywishpost.com

ARTICLE 6 – DEFINITIONS OF LIABILITIES AND GUARANTEES

Network functionality

Taking due account of the peculiarities of the Internet, Open Resources cannot guarantee uninterrupted access to its services and bears no obligations in this regard.

Open Resources accepts no liability for losses (including consequential loss) deemed to be linked to any temporary interruption in access to The Dailywish Post or its normally available services.

Modification of the Site

Due to the interactive nature of The Dailywish Post, all elements of the Site are subject to modification at any time. No such modifications will be undertaken which would diminish the capability of Open Resources to meet its obligations of service.

Limits to the Liability of Open Resources and Guarantees of the User

Open Resources accepts no liability for damage or loss (including consequential loss) deemed to be associated with the use or inability to use the Site or its contents excepting certain circumstances provided for specifically by the law in certain countries in which such a loss might be alleged to have been sustained. Open Resources cannot guarantee that information presented on the Site can be considered to be complete, detailed, checked, proven or accurate.

The user declares that they are well-aware of the peculiarities and constraints of the Internet. Notably, the user recognises and accepts that it is impossible to guarantee that data which may be transmitted by means of the Internet will always remain completely secure. Open Resources cannot be held responsible for the consequences of any such lapses in security.

The user accepts that communications and transmissions are at the user’s own risk. Open Resources employs all means at its disposal to seek to provide a maximum level of security but can offer no guarantees in this respect.

The user declares that they indemnify Open Resources against all costs or damages which the user or anyone acting on the part of the user claims to have incurred in association with any action or claim against Open Resources which have not been awarded to the user as part of a legally-binding judgment against Open Resources in a court of law in France.

Limit of Financial Liability

In all cases, the financial liability of Open Resources is limited to the sum received from an individual user for the service(s) to which that user is subscribed.

ARTICLE 7 – OBLIGATIONS OF THE USER

The user is required, during their first visit to the Site or their first order from the Site, to enter all of the required information, administrative and other, required in relation to the user’s identification so as to confirm the user’s eligibility to open an account.

The user is required to pay the relevant sum for the selected service provided by Open Resources along with any sums associated with complementary or additional services which may be required so as to conform to the current Terms & Conditions of Use or in relation to conditions specific to the user.

The user undertakes to;

Adhere to all relevant legislation, rules and conventions including professional ethics.
Pay particular heed to the relevant legislation governing the use of information and files, gaining, where appropriate, all necessary permissions and making, where appropriate, all necessary declarations.

In particular, the user must not;

Download, send or transmit by any means, electronic or otherwise, any material which is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of the privacy of others, hateful, racist or otherwise exceptionable.
View, display, download or transmit any content which is against the law, notably those laws which relate to paedophilia, the sale of body organs, the sale of illegal substances, the sale of all other illegal items or services, the support or condoning of crimes or offences, terrorism, crimes against humanity, Nazism, provocation, discrimination, hatred or violence on racial grounds, ethnicity or nationality, child abuse, child labour, trafficking and the diffusion of messages of a violent, pornographic, sordid nature or which are gravely offensive against human dignity.
Harm, seek to harm or risk harming a minor in way at all.
Attempt to deceive other users by misrepresenting your name, status, usurping the details of others and, particularly, falsely claiming to be an employee of Open Resources.
Download, display, send or transmit by any means, electronic or otherwise, any material over which you do not have a legal and contractual right to publish, including internal corporate or business documents, privileged or confidential information or information, the divulgence or publishing of which is otherwise forbidden.
Download, display, send or transmit by any means, electronic or otherwise, any material in breach of Patent, Copyright, Registered Trade Marks, Trade Names, confidentiality of manufacturing processes, Intellectual Property legislation or any other rights beyond the user’s own.
Download, display, send or transmit by any means, electronic or otherwise, any unauthorised advertising material (including the transmission of unsolicited messages commonly referred to as “spam”), any material containing electronic viruses or any other programme designed to interrupt, destroy or limit the function of programmes, computers or communication devices.
Disable or hinder the functions of The Dailywish Post or refuse to abide by the current Terms & Conditions of Use as regards the functionality and use of the Site.
Gather and retain the personal data of other users.

ARTICLE 8 – CLOSURE OF AN ACCOUNT BY OPEN RESOURCES

In case of a failure or failures, on the part of a user, to meet the user’s obligations under the current Terms & Conditions of Use, Open Resources may, after a warning email to the user, re-affirming to the user their obligation to abide by the current Terms & Conditions of Use, bar the user from accessing to the site if the warning to comply is not heeded and reacted to within 72 hours of the transmission of that warning email. In such cases, there will be no right to refund, compensation or other claimed damages on the part of the user.

ARTICLE 9 – FINANCIAL CONDITIONS

Prices of Services

Prominent display of Premium messages, large format text, video, photo on Home Page and in the Archive;

€5.00 for each such addition for the however long they may be displayed on the site.

Prices are fixed and depend upon the number of publications chosen by the user. VAT/TVA (at the rate applicable at date of payment) is included in the prices quoted. Payments may be made in Euros.

Prices are subject to change, notably in relation to the evolution of the network, changes in technology and legal constraints.

Methods of Payment

Payments are to be made online by means of CB, VISA, EUROCARD/MASTERCARD.

The contract between Open Resources and the user does not take effect until full payment for the chosen services has been received by Open Resources.

Right of Cancellation

The user has the right to cancel their subscription at any time during the seven full days following their subscription. If the expiry of this seven-day period falls on a Saturday, Sunday or Bank Holiday, this seven day cancellation period is extended so as to expire at the end of the first Monday, Tuesday, Wednesday, Thursday or Friday thereafter. However, the right to cancel during this period is no longer available to the user if the user has already used the services of the Site during that period. (TN - sinon, le contrat durera combien de temps?)

To exercise the right of cancellation, the user should contact Open Resources at contact@thedailywishpost.com during that 7-day period.

ARTICLE 10 – INTELLECTUAL PROPERTY

All rights, legal and moral, of Intellectual Property pertaining to elements and content displayed on The Dailywish Post belong to Open Resources. In the case of third parties who hold rights to certain material displayed on the site, such third party rights remain and Open Resources is deemed to have gained legitimate and necessary authorisation to display.

The rights of the user in respect of the usage of the Site and of the services provided by Open Resources do not infer, in any way, the right of the user to exploit or use, in any way, the elements or content of the Site.

ARTICLE 11 – APPLICABLE RIGHTS AND THE LANGUAGE OF THE CONTRACT

The relationship between Open Resources and the user are defined by the current Terms & Conditions of Use which were written in the French Language and are based on the specifics of French Law. In the event that the Terms & Conditions of Use are displayed to you in a language other than French, it is important to understand that the original version of the Terms & Conditions of Use, in French, takes precedence over any translated version.

ARTICLE 12 – WHERE ARE WE?

The Site, The Dailywish Post, is published and edited by Open Resources in its Headquarters at 36, Rue de Château, 59100, Roubaix, France, Registered in Roubaix – Tourcoing, France - SIRET 48273180900018 - VAT/TVA registration: FR86482731809.

The proprietor of the Publication is Open resources.

The site thedailywishpost.com is hosted by Open Resources.