On the one hand,
Users of the Website referenced as “www.lemonade.international”, as self-identified upon the creation of their account on the aforementioned Site,
Hereinafter, jointly or singly, the “Members” or the “Member”,
On the other hand.
Article 1 - Presentation of the service
LEMONADE is an Internet platform accessible through available technologies, and particularly through the use of a computer or a mobile terminal, at the www.lemonade.international address, allowing Members to create and publish online, under certain conditions, their profile, specifically to develop their network and meet people according to their personal and professional interests in the city of their choice, exchange ideas with other Members, find sports of hobbies partners close to them, and get advice from people live in the city of their choice (hereinafter, “the Site”).
To this end, the Site offers previously registered users a certain number of functionalities, dedicated solely to the development of his/her network in the city(ies) he has selected (hereinafter, the “Service”). All these functionalities are available free of charge
Article 2 - Registration to the service
2.2 Mandatory registration prior to access to the service
By completing the Registration Form, the Member guarantees LEMONADE he/she has provided exact, truthful, current and complete information concerning his/her identity and personal data. He/she specifically commits to provide a working electronic address he/she owns.
If he/she is not acting on his/her own behalf, he/she guarantees he/she is acting on behalf of a physical or moral person who meets the above conditions, whom he/she legally represents or from whom he/she has been granted an explicit mandate to enter into an agreement with LEMONADE, and who has allowed him/her to provide the information required to use the Service, under the conditions defined herein.
The Member commits to update all information concerning him/her regularly in his/her profile, to preserve its accurateness, in his/her own interest, in accordance with the purpose of the Service. Each Member may, at any time, modify the data concerning him/her which he/she deems useful or necessary, by clicking on the “Edit my profile” link accessible in the various sections of his/her profile, including those data concerning his/her registration data, through the “My profile” section accessible from his/her account.
Should a Member provide false, improper, expired or incomplete data, LEMONADE reserves the right to suspend or terminate the Contract and his/her account, and to refuse him/her future access to all or part of the Service, under the conditions set forth in Article 7 hereunder.
Should a Member violate applicable laws, and particularly criminal laws, or laws intended to protect third-party rights, or should his/her conduct harm a person’s interests, whosever this may be, including LEMONADE or any company with a legal relation to LEMONADE, or prejudice another Member’s use of the Service, LEMONADE reserves the right to suspend or terminate the Contract and his/her account, without prior notice, and to refuse him/her future access to all or part of the Service, under the conditions set forth in Article 7 hereunder.
Under no circumstance shall LEMONADE be held liable by users or third parties for any error, omission, or inexactness which may arise in the information provided by a Member.
2.3 Member’s account
The Member commits to create only one account for his/her profile.
Each Member will receive, as part of the registration process, at the electronic address provided by him/her at the time of his/her registration, an e-mail for the purpose of activating his/her account. The Service will only be fully accessible once the Member has fully completed the activation process indicated in said email.
The login and password chosen by the Member at the time of the registration allows access to the Service. The Member agrees to try to choose a strong and secure password and to keep his/her password secure and confidential. The Member is solely liable for any use which might be made of his/her login and password, and the sole guarantor of their confidentiality and of any use made of his/her account.
The Member shall inform LEMONADE immediately of any unauthorised use of his/her account, and of any breach of the confidentiality and security of his/her identification means, by completing the contact form available on the Site when you click on the heading “Contact”.
Should LEMONADE have legitimate reasons to believe that the Service’s security has been violated or that the Service is being used improperly due to an unauthorised use of the Member's identification means, it may temporarily suspend the account, in order, among other points, to preserve the integrity of the Site and data, and, should it seem appropriate, require the modification of said identification means. Should the Member wish to modify his/her identification means, he/she needs only to access the Site and modify his/her parameters under the “Settings” section of his/her account.
Should a third party have acquired his/her identification means by the Member’s fault, the said Member shall bear sole liability for any use of these identification means and the use made of the Service as a consequence thereof. Under no circumstance shall LEMONADE be held liable for any loss or damage resulting from a Member’s failure to comply with his/her obligations, as stated in this Article.
In the event of a Member’s death, and upon production of the applicable support documents, the account will be deactivated. Its contents shall only be forwarded to the Member’s beneficiaries following a court ruling.
2.4 Invitation of new members
Should a Member wish to invite a person so that the latter may use the Service, he/she shall provide LEMONADE with the full name and electronic address of said person. He/she shall previously have obtained this person’s consent to the communication of his/her personal data to LEMONADE.
Article 3 - Use of service
Subject to compliance with the registration conditions set forth in Article 2 and the minimum required technical configuration laid out in Article 9, Members may use the Site’s free features.
Generally, when using the Site, Members shall refrain from committing acts of whatever nature, such as the issue, publication, uploading or distribution of data and/or contents which are against the law, undermine public order, or violate the rights of LEMONADE or any third party.
Specifically, when using the Site, Members shall abide by the Site’s rules, which include but are not limited to the following:
- Communicating exact information upon registration and while using the Site;
- Refraining from using fake identities intended to mislead others;
- Using the Site in a legitimate manner, exclusively in accordance with its professional purpose, and in accordance with the applicable legal and regulatory provisions and with current practices;
- Respecting the intellectual property rights pertaining to the contents provided by LEMONADE and by other Members, as well as intellectual property rights of third parties; therefore, each Member shall refrain from reproducing and/or communicating to the general public, through the Site, one or more contents without the authorization of the holders of the rights to said pertaining contents, when such authorization is required;
- Not diverting or attempting to divert any of the Site’s features from its normal use, as defined herein;
- Not using a robot software or any equivalent automated process or tool when browsing the Site or using the Service;
- Committing to communicate to LEMONADE and to other Members only information the distribution of which, in their opinion, shall under no circumstance harm themselves, other Members, LEMONADE, or third parties;
- Refraining from distributing information or content which do not conform to reality;
- Not distributing data, information or content of slanderous, insulting, obscene, offending, violent character or violence-inciting nature, or of political, racist or xenophobic nature, and generally, any contents which might be contrary to applicable laws and regulations or to public decency;
- Not distributing data, information or contents intended to reduce, disorganise or hinder the normal use of the Site, or to interrupt and/or slow down the normal flow of communications between Members;
- Not using the Service for mass-mailings of unsolicited messages (advertising or other);
- Not collecting information regarding third parties, including electronic addresses, to be used to send commercial or equivalent solicitations, or to be integrated within a referencing or equivalent service, whether free or against payment;
- Not using the Service, whether directly or indirectly, to implement practices assimilated to “pyramid” sales or services, or any other similar process, particularly those consisting in offering goods to the public and enticing them to expect to receive these free of charge or in exchange of remuneration which is lower than their real value, and conditioning the goods’ obtainment to the selling of tickets or other such instruments to third parties or to the gathering of subscription or registration of new purchasers;
- Not offering to a third party to gather memberships or to subscribe to a list by demanding from said person the remittance of any remuneration and by enticing her to expect financial gains resulting from an increase in the number of people recruited or registered rather than from the sale, provision or consumption of goods or services;
- Not using a membership for recruitment purposes, directly or indirectly.
In case of a Member’s breach of one or more of these rules, LEMONADE reserves the right to suspend and/or terminate the Contract unilaterally, to block said the account(s) of the Member(s) involved, to delete the litigious messages automatically, to prevent the publication of all or part of the profile of the Member(s), and/or to block his/her/their access to all or part of the Service, whether temporarily or definitively, as set forth in Article 7 hereunder.
Members may report any behaviour or content on the Site, which is evidently contrary to the aforementioned rules, describing it and its location on the Site, as specifically as possible, by completing the contact form available on the Site when you click on the “Contact”button. Members are hereby informed, however, that any abusive description may itself be punished in accordance with the applicable regulation.
Article 4 - Privacy and personal data
All personal data provided by a Member when using the Site and Service are collected legally and fairly. Their purpose is the use of the Site and the provision of the Service, and they may therefore be used by LEMONADE to this end.
The Registration Form found on the Site allows visitors to subscribe to the Site and Service by disclosing certain personal data concerning him/her, such as name and email address, to LEMONADE.
Visitors also have the option to pre-fill the Registration Form automatically using their Facebook account. In that case, LEMONADE shall have access to certain personal data found on this social media such as their name, public profile and email address.
The mandatory or optional nature of the communication of the requested data is mentioned on the Form for each field. Where the communication of the data is mandatory, failure to disclose it will result in the Member’s registration application not being processed.
Following his/her registration, the Member is invited to create his/her profile in accordance to the Service’s purpose. In this context, he/she may communicate additional data such as date of birth, country of origin, gender, education, interests, languages spoken, city of residence or professional skills.
LEMONADE does not communicate the personal data of Members to third parties, except for the data found on each Member’s public profile, in accordance with the Member-determined setting and to the purpose of the Site and Service, and of those cases where the communication of such data is required by applicable laws, particularly at the request of the legal authorities. The Site is fully secured and encrypted.
Members have the right to access, rectify and delete personal data concerning them and processed over the Site, including after their death, and oppose their communication to third parties for justifiable cause.
Personal data concerning the Members are stored by LEMONADE on its servers in the United States of America, to be processed as part of the use of the Service.
Members are informed that some data can be stored after their account has been terminated, in accordance with the applicable legislation.
LEMONADE takes the necessary precautions to ensure that personal data gathered through the Site is not lost, leaked, consulted, modified, or revealed to unauthorized third parties.
The Site uses “cookie” technology. Cookies are especially useful to facilitate the personalization of the Member’s access to the Service. Specifically, the Site contains a connection cookie allowing Members who so wish to access the Site repeatedly without having to identify themselves each time. To do so, the Member must tick the checkbox corresponding to “Keep me logged in”, found in the “Log in” window which appears when a new connection to the Site is made. By clicking it, Members activate this cookie, and may thereafter access the Site repeatedly during this time without having to identify themselves. Members are hereby informed that, in this case, other users of their computers may access their profile’s management interface and account, since prior authentication is no longer required.
Generally, cookies are harmless to the Member’s computer. The Member may accept or refuse the cookies by configuring his/her browser. The cookies are anonymous and under no circumstance do they gather any personal data; the only data collected are for connection and statistical use.
LEMONADE keeps track, through these cookies, of connections to the Site, and specifically of their origin. This use is made for statistical-analysis purposes as well as enhancement of user experience, and data is destroyed thereafter.
Article 6 - Intellectual property
LEMONADE owns the Site, both its technical components and its graphic, textual or other components, subject to the sole reservation of those contents provided by the Members themselves and of third-party advertisement. More specifically, both the Site and the Service are provided through software and databases designed and developed by LEMONADE, which belong to it, or over which it holds intellectual property rights.
The contents placed on line at the Site by LEMONADE also belong to LEMONADE, subject to the aforementioned reservations. LEMONADE is therefore the sole holder of all intellectual property rights pertaining to the Service, the Site, its contents and the software and databases which ensure its operation, and use of the Site or Service does not grant any Member any right over any of these elements, subject to the rights pertaining to the contents provided by the Members themselves and to the advertisement provided by third parties.
6.1 User licence of the Site and the Service
Any other exploitation or use of the Site, the Service, their contents and, particularly, of the data they contain is excluded from the scope of this License and may only be made after obtainment of LEMONADE's prior, written authorization.
More specifically, any extraction or reuse, beyond the normal use of the Site, of data contained on the Site and/or the Service is strictly forbidden to Members, and subject to LEMONADE's prior, written authorization.
6.2 User licence pertaining to content uploaded by Members
In order to enable the provision of the Service and in accordance with the purpose of the Site, Members grant LEMONADE a non-exclusive license to use the contents and data they include and/or upload through the Site.
The Member guarantees LEMONADE that such data, information or contents comply with the law and do not violate the rights of others.
LEMONADE acquires no property right over the data, information and/or contents provided by Members.
By publishing his/her data, information and/or contents on the Site, each Member agrees to their display and availability to the other Members as well as to third parties over said Site, in accordance with the personal settings registered by each Member. Therefore, each Member allows other Members to consult his/her personal data thus made available through his/her profile and to use them to contact him/her. He/she explicitly accepts this use of his/her profile, which goes to the very essence of the Site and Service.
Solely for the ends of providing the Service, Members allow LEMONADE to reproduce, represent, adapt and translate the contents and data provided by them over the Site, under the conditions defined hereunder:
LEMONADE is allowed to reproduce all or part of the contents provided by Members on any digital registration support, current or future, and specifically including, but not limited to, on any server, hard drive, whether removable or not, memory card, or any other equivalent support, in any format and using any process, whether currently known and unknown, so far as proves necessary for all storage, back-up, transmission or downloading operation entailed in the Site’s operation and the provision of the Service.
LEMONADE is allowed to adapt and translate Members’ contents, as well as to reproduce these adaptations on any digital support, current or future, stipulated above, in order to provide the Service, particularly in different languages. This right includes the ability, subject to the respect of the Member’s moral right, to modify the formatting of his/her contents to bring them in line with the Site’s graphic charter and/or make it compatible with its technical performances or applicable formats, in view of their insertion and/or publication on the Site
The purpose of this authorisation is to allow LEMONADE to distribute Members’ contents and data over digital networks and through any communication protocol, and particularly over the Internet, as well as to make them available to the public, in such a way that any person may access them from the location and at the time of his/her own choosing, through the Site, in accordance with the settings defined by each Member.
This license is granted for the entire world and for the duration of the Contract binding the Member to LEMONADE.
Should a manifest violation of intellectual property rights be committed on the Site, the person interested in protecting his/her rights is invited to notify LEMONADE of such a violation, as specifically as possible, by completing the contact form available on the Site when you click on the “Contact” button.
Article 7 - Term and termination
7.2 Termination of the contract by LEMONADE
Furthermore, it is reiterated that, in the event of a manifest violation of the applicable regulation or obligations by the Member, particularly those stipulated in Article 3 hereof, consisting, among others, in the use of the Site for spamming purposes, or for the distribution of a message, data or information contrary to public order or likely to undermine the rights of a third party (slander, insults, breach of intellectual property rights, denigration, etc.), of any kind whatsoever, LEMONADE may suspend access to the contents in question and/or delete the account of the Member and terminate the Contract, without prior notification.
7.3 Deleting member account
Members may delete their accounts from the Site at any time by following the procedure set forth for this purpose and described hereunder:Log on to the Site Click on “Settings”
Click on the link “Delete my account “at the bottom of the page
Dans les heures suivant cette désinscription, qui implique la résiliation du Contrat, le profil du Membre sera supprimé et il n’aura plus accès au Site ni au Service.
Within hours following this unregistering, which entails the termination of the Contract, the Member will no longer be granted access to the Site or Service.
Article 8 - Liability
8.1 Member’s liability
The Member shall bear all costs related to the hardware and software needed to access the Site and use the Service. It is the Member’s responsibility to take all suitable precautions to protect his/her own data, computer systems and/or software from any contamination by possible viruses.
The Member bears sole liability for the use of the information, messages or data of any kind available through the Service, and under no circumstance may any party other than the Member be held liable for any decision made or action taken by the Member on the basis of this information.
The Member shall bear sole liability for the use made of the Service and the Site, and, more generally, for any use or operation made from his/her account and profile.
The Member is responsible for all data and information concerning him/her which he/she has made available on line and for all contents provided by him/her, whether such data or contents are accessible and/or distributed to the public through one of the Site’s communication or exchange spaces or sent to any person by e-mail, or whether they are stored on his/its personal space within the Site.
The Member acknowledges that LEMONADE exercises no preliminary check of said contents and data and that it is under no general obligation to monitor the data and contents stored by Members and distributed over the Site.
The Member shall bear sole liability, with respect to LEMONADE and, if applicable, to any third party, for any damages, whether direct or indirect, of any kind whatsoever, caused by any information or any other element of contents communicated, transmitted or distributed by the Member while using the Service, as well as by any breach of this Contract on his/her part.
The Member accepts to submit to any measure implemented by LEMONADE in application of applicable laws.
8.2 LEMONADE’s liability
LEMONADE DOES NOT VERIFY THE VERACITY OF THE INFORMATION PROVIDED BY MEMBERS AND REJECTS ANY LIABILITY RELATED TO THE INACCURACY, UNSUITABILITY OR ILLICITNESS OF SAID INFORMATION.
UNDER NO CIRCUMSTANCE SHALL LEMONADE BE HELD LIABLE FOR THE DATA, INFORMATION AND/OR CONTENTS PROVIDED BY A MEMBER, WHETHER OR NOT THIS IS ACCESSIBLE TO THE PUBLIC, FOR THE LACK OF VERACITY OF SAID DATA, INFORMATION OR CONTENTS, FOR THE ERRORS OR OMISSIONS THEY MIGHT INCLUDE, OR FOR ANY DAMAGE RESULTING FROM THE USE OF ANY CONTENTS PROVIDED BY A MEMBER, DISPLAYED OR TRANSMITTED BY E-MAIL OR BY ANY MANNERS, THROUGH THE SITE.
LEMONADE HAS NO GENERAL OBLIGATION TO MONITOR THE DATA AND CONTENTS PROVIDED BY MEMBERS, NOR ANY OBLIGATION TO DELETE CONTENTS WHICH MIGHT NOT APPEAR TO BE EVIDENTLY ILLICIT, REGARDLESS OF WHETHER OR NOT IT WAS NOTIFIED OF SAID CONTENTS.
UNDER NO CIRCUMSTANCES SHALL LEMONADE BE HELD LIABLE FOR ANY CONSEQUENCE THAT MIGHT OCCUR IN THE COURSE OR UPON THE COMPLETION OF ANY MEETINGS HELD OR CONTACT MADE BETWEEN SEVERAL MEMBERS OR NON-MEMBERS AS A RESULT OF THE USE OF THE SITE AND SERVICE.
DUE TO THE SPECIFIC NATURE OF THE INTERNET, ACCESS TO THE SITE MAY BE INTERRUPTED OR RESTRICTED AT ANY TIME DUE TO A REASON BEYOND LEMONADE’S CONTROL; IN SUCH CASES, LEMONADE MAY NOT BE HELD LIABLE.
NOR MAY LEMONADE BE HELD LIABLE SHOULD ACCESS TO THE SITE BE INTERRUPTED DUE TO MAINTENANCE OPERATIONS, UPDATES OR TECHNICAL IMPROVEMENTS, OR DUE TO OPERATIONS INTENDED TO UPGRADE THE SITE’S CONTENTS AND/OR PRESENTATION, AS SUCH INTERRUPTIONS WILL BE NOTIFIED AND WILL NOT EXCEED COMMON RELEVANT PRACTICES. FURTHERMORE, LEMONADE MAY INTERRUPT THE ACCESS TO THE SITE AND SERVICE, WHETHER TEMPORARILY OR DEFINITELY, PARTICULARLY IN CASE OF ITS TERMINATION OF THE ACTIVITY IN QUESTION, OR IN THE EVENT OF ANY COURT-ORDERED OR AMICABLE LIQUIDATION OF THE COMPANY; IN THESE LAST CASES, THIS CONTRACT SHALL BE TERMINATED IPSO FACTO.
LEMONADE RESERVES THE RIGHT, AT ANY TIME AND WITHOUT PRIOR NOTICE, TO MODIFY ANY INFORMATION APPEARING ON THE SITE AS PART OF ITS UPDATE OR WHILE CORRECTING ERRORS OR INACCURACIES.
LEMONADE IS NOT RESPONSIBLE FOR THE CONTENTS OF THIRD-PARTY INTERNET SITES TO WHICH HYPERTEXT LINKS FOUND ON THE SITE MAY REDIRECT.
TO THE EXTENT ALLOWED BY APPLICABLE LAWS, AND TO THE EXTENT THAT LEMONADE MAY BE DEEMED LIABLE FOR ANY DAMAGE NOT LISTED ABOVE, LEMONADE’S LIABILITY SHALL BE LIMITED TO SPECIFIC, ACTUAL AND DEFINED DAMAGES.
TO THE EXTENT ALLOWED BY APPLICABLE LAWS, UNDER NO CIRCUMSTANCE SHALL LEMONADE OR ITS AFFILIATED COMPANIES, LICENSORS OR PARTNERS, BE HELD LIABLE FOR ANY INDIRECT DAMAGES, UNREALISED EARNINGS OR DAMAGES RESULTING FROM THE LOSS OF DATA, OR FOR ANY OPERATION LOSS RESULTING FROM THE USE OR IMPOSSIBILITY OF USING THE SITE, THE SERVICE OR THE CONTENTS, WHETHER ON THE BASIS OF A GUARANTEE, A CONTRACT, A CIVIL OFFENSE, OR UNDER ANY OTHER LEGAL THEORY, WHETHER LEMONADE BE INFORMED OR NOT OF SUCH DAMAGES.
Article 9 - Minimum required technical configuration
The Member acknowledges having the expertise and means required to access the Site and use it.
To this end, the Member acknowledges having verified that the computer configuration available to him/her is adequate, contains no virus, and is in proper operating conditions.
The Member shall bear the entire cost of the equipment (computer, cell phone, software, telecommunications means, etc.) allowing access the Site and Service, as well as all telecommunication expenses incurred by their use.
Article 11 - Legal information
The website www.lemonade.international is edited by:
Danielle Couvelaere, Résidence Azur 2 Almadies, Dakar, Sénégal.
Phone : +221338208804
Article 12 - Transfer of the contract
Members accept, expressly and in advance, that LEMONADE may transfer or surrender part or all of its rights and obligations stated in this Contract, to any party likely to provide Members with a similar Service.
Shall such a situation occur, the grantor shall substitute LEMONADE and LEMONADE shall be freed from all obligations to the User, from the transfer date onwards.
Members acknowledges the grantor shall immediately becomes their contracting partner.
Article 13 - Applicable law