SIRET : 83398149100016
Code NAF : 7312Z
Registration number in the Commercial Register of the French Republic : 933 981 491 RCS Angers
Announcement: means all the elements and data (visual, textual, sound, photographs, drawings), deposited by an Advertiser under its editorial responsibility, in order to buy, rent or sell a property or to offer a service and posted on the Website.
Advertiser: refers to any major physical person or legal person who has submitted and posted an advert via the website www.luxurypulse.com.
Personal Account: means the personal space, accessible from the Website, which any Advertiser must have, and from which he can broadcast, manage, view his ads.
Website: means the website accessible mainly from the URL www.luxurypulse.com and allowing Users and Advertisers to access the website www.luxurypulse.com via the internet.
User: means any visitor having access to www.luxurypulse.com via the Internet.
Users and Advertisers.
The conditions of subscription by the Advertisers are fixed in the general conditions (cf Terms of Sales)
Any User - Any Advertiser declares by accessing and using the Website to have read these General Terms and Conditions of Use and expressly accept them without reservation and/or modification of any kind whatsoever. These Terms are therefore fully enforceable against Users and Advertisers.
3.1 Description of the Service
3.1.1 General rules
Any User - any Advertiser declares to be informed that he must, to access the Website, have access to the Internet. This Internet access, the cost of which is his responsibility, is subscribed with the supplier of his choice. Any User - Any Advertiser acknowledges that :
• The reliability of the transmissions is uncertain because, in particular, of the heterogeneous nature of the infrastructures and networks on which they circulate and that, in particular, breakdowns or saturations can happen.
• It is his responsibility to take any measure he deems appropriate to ensure the safety of his equipment and his own data, software or otherwise, including contamination by any virus and/or attempted intrusion of which he could be a victim.
• All equipment connected to the Website is and remains under its exclusive responsibility. Luxury Pulse can not be held liable for any direct or indirect damage that may occur due to a connection to the Website.
The Advertiser undertakes, where applicable, to respect and maintain the confidentiality of the login credentials to his Personal Account and expressly acknowledges that any connection to his Personal Ac- count, as well as any transmission of data from his Personal Account will be deemed to have been done by the Advertiser.
Any loss, misuse or use of login credentials and their possible consequences are the sole responsibility of the Advertiser.
The Advertiser is informed and agrees that for technical reasons, his Ad will not be broadcast instantly after being posted on the Website..
The Advertiser is informed that by publishing an Advertisement on the Website, it is likely to be shared by any User and/or Advertiser on social networks.
3.2 Description of the service
3.2.1 Features available to Advertisers and Users from the Website
Viewing all ads served Put in contact with the Advertisers The possibility of advising the Ad to a friend Report abuse Sharing an ad on social networks
3.2.2 Features accessible from the Website to Advertisers identified
Personal account access The deposit of Advertisement The management of the Ads deposited via the personal account :
• Ad removal
• the Advertisement modification
Access and management of the personal account :
• management (updating, modification etc.) of personal information
4.1 Deleting Illegal Ads
Luxury Pulse reserves the right to cancel, without notice, indemnity or right to refund, any Ad that does not comply with the rules of broadcasting of Luxury Pulse and / or that could violate the rights of a third party.
4.2 Notification of abuse
Any User is allowed to report abusive content from the Website :
• or by clicking on the link to report abusive content on each page of Ad.
• either by mail in the contacts
5.1 Undertaking of the Advertiser
The Advertiser guarantees to hold all rights (including intellectual property rights) or to have obtained all the necessary authorizations for the publication of its Announcement.
The Advertiser warrants that the Advertisement does not violate any applicable regulations (especially regarding advertising, competition, sales promotion, the use of personal data, the prohibition of the mar- keting of certain goods or services), nor any rights of third parties (including intellectual property rights and personality rights) and that it does not contain any message that is defamatory or harmful to third parties.
Thus, the Advertiser undertakes in particular that the Advertisement does not contain :
• any information that is false, misleading or likely to mislead Users
• no defamatory or harmful statement to the interests and / or image of Luxury Pulse or any third party
• no content infringing the intellectual property rights of third parties
• Advertiser undertakes to offer in the advertisements only available goods available to him.
The Advertiser agrees, in case of unavailability of the property, to proceed with the with- drawal of the Announcement of the Website as soon as possible.
The Advertiser declares to be aware of the extent of dissemination of the Website, to have taken every precaution to comply with the legislation in force at the places of reception and to release Luxury Pulse of all responsibilities in this regard.
In this context, the Advertiser declares and acknowledges that he is solely responsible for the content of the Advertisements he publishes and makes available to Users, as well as any document or information he transmits to Users (including his personal data: address , phone number, names, first names, company name, etc.).
The advertiser agrees that this personal data (as he has informed them on his personal space) are published on the website.
The Advertiser assumes full editorial responsibility for the content of the Advertisements it publishes.
The Advertiser assumes full responsibility for the content of the contact details he publishes.
Accordingly, the Advertiser relieves Luxury Pulse, its subcontractors and suppliers, of all responsibilities, guarantees them against any recourse or action in connection with the Announcement that may be brought against them by any third party, and will take responsibility all damages and any costs and ex- penses to which they may be condemned or otherwise anticipated by a transactional agreement signed by them with such third party, notwithstanding any damages such as Luxury Pulse, its subcontractors and providers could claim on the grounds of the Advertiser’s harmful facts.
By depositing any Advert, the Advertiser acknowledges and agrees that Luxury Pulse may cancel, or refuse, at any time, without compensation or right to reimbursement of sums incurred by the Advertiser for the purposes of its subscription, an Announcement that would be contrary in particular to the French law, to the rules of diffusion of the Website fixed by Luxury Pulse and accessible here [general rules of diffusion] and / or likely to infringe the rights of thirds.
Any Ad posted on the Website remains available as long as the Advertiser pays his subscription.
Advertiser agrees that at the end of his subscription, his ads may be deleted.
Nevertheless, Luxury Pulse reserves the possibility to keep its advertisements in references without the name of the Advertiser being mentioned.
The Advertiser also agrees that his Personal Account shall not contain :
• no mandatory information false and / or misleading
• no information infringing the rights of a third party
In this context, the holder declares and acknowledges that he is solely responsible for the information provided when creating his Personal Account and / or his Pro Account..
By creating a Personal Account, the Advertiser acknowledges and agrees that Luxury Pulse may cancel, at any time, without compensation or right to reimbursement of sums incurred by the Advertiser for thepurposes of subscription, an account that would be contrary in particular to French law and / or the rules of diffusion fixed by Luxury Pulse and accessible here [general rules of diffusion].
5.2 Liability and obligations of Luxury Pulse
Luxury Pulse can not be held responsible for the content of Advertisements published by Advertisers and gives no guarantee, express or implied, in this regard. Luxury Pulse is a third party relationship between Advertisers and Users, and thereby excludes any liabi- lity in this regard.
All potential transactions take place directly between Advertisers and Users and Luxury Pulse does not process payments between Advertisers and Users.
5.3 Limitation of liability
Luxury Pulse undertakes to implement all necessary means to ensure the best delivery of the Service to Users and Advertisers.
However, Luxury Pulse declines any responsibility in case of :
• interruptions, breakdowns, modifications and malfunctions of the Website whatever the communication medium used and regardless of the origin and source
• loss of data or information stored by Luxury Pulse. It is the responsibility of Advertisers to take all necessary precautions to keep the Ads they post via the Website;
• temporary inability to access the Website due to technical problems regardless of origin and source
• direct or indirect damage to the User or the Advertiser, whatever its nature, resulting from the content of the Advertisement and / or the access, management, use, exploitation, malfunction and / or interruption of the Website
• abnormal use or illegal exploitation of the Website by any User or Advertiser
• attack or hacking, deprivation, removal or prohibition, temporary or permanent, and for any reason whatsoever, of access to the Internet.
Luxury Pulse’s liability may be incurred only for direct damages suffered by the Advertiser, resulting from a breach of its contractual obligations as defined herein..
The User and / or the Advertiser therefore waives any request for compensation to Luxury Pulse for any reason whatsoever, indirect damages such as loss of profits, loss of opportunity, commercial or financial loss, increased fees loss or loss arising or being the consequence of the execution of the contract.
Any User and Advertiser is then solely responsible for damage to third parties and the consequences of claims or actions that may arise. The User also waives any recourse against Luxury Pulse in the case of a third party’s lawsuits against him as a result of the use and / or illegal exploitation of the Website, in the event of loss by a User or an Advertiser of his password or in case of usurpation of his identity. Users and Advertisers are solely responsible for the transactions and their consequences.
All intellectual property rights (such as in particular copyrights, related rights, trademark rights, rights of database producers) relating to both the structure and content of the Website and in particular images, sounds, videos , photographs, logos, brands, graphic elements, textual, visual, tools, software, documents, data, etc. (hereinafter referred to in their entirety as «Items») are reserved. These Elements are the property of Luxury Pulse. These Elements are made available to Users and Advertisers, free of charge, for the sole use of the Website and as part of normal use of its features. Users and Advertisers undertake not to modify in any way the Elements. Any non-expressly permitted use of the Website Elements will result in copyright infringement and constitute an infringement. It may also result in a violation of image rights, rights of persons or any other rights and regulations in force. It can therefore incur the civil and / or criminal liability of its author.
It is forbidden for any User and Advertiser to copy, modify, create a derivative work, invert the design or assembly, or in any other way attempt to find the source code, sell, assign, sublicense or transfer in any way that this any rights in the Elements. Any User and Advertiser of the Website undertake in particular not to : • Use or query the Website on behalf of or for the benefit of others. • Copy the information on media of any kind to reconstruct all or part of the original files. Any reproduction, representation, publication, transmission, use, modification or extraction of all or part of the Elements in any manner whatsoever without the prior written permission of Luxury Pulse is un- lawful. These unlawful acts engage the responsibility of its authors and are likely to lead to legal procee- dings against them and in particular for infringement.
Luxury Pulse brands and logos are registered trademarks. Any total or partial reproduction of these trademarks and / or logos without the prior written permission of Luxury Pulse is prohibited.
Luxury Pulse is the producer of the databases of the Website. Consequently, any extraction and / or reuse of the database (s) is forbidden.
Luxury Pulse reserves the right to take legal action against persons who have not respected the prohibi- tions contained in this article.
The Website may contain hypertext links to websites operated by third parties. These links are provided for information only. Luxury Pulse has no control over these websites and declines all responsibility for the access, content or use of these websites, as well as damages that may result from the consultation of information on these websites. The decision to activate these links is the full responsibility of the User.
The content of the Advertisements belongs to the Advertisers, however, by posting Ads on the Website, the Advertiser grants:
• to Luxury Pulse the non-exclusive exploitation right, transferable, sublicensable, free of charge, for the whole world on all the contents of the Ads and in particular on photographs, texts, videos, illustrations, brands, logos, titles ( hereinafter the «Content»), as and when published on the website as well as a license on all intellectual property rights relating to the Content and in particular the copyright on the elements used in the content his Ad, such as photographs, texts, videos, drawings, illustrations, sound elements, for the entire legal term of his intellectual property rights and for the whole world. The rights thus granted include the right to reproduce, represent, broadcaste, distribute, adapt, modify, create a derivative work, translate all or part of the Content by any means, in any form whatsoever and in any medium (digital, printed ...) known or unknown to date, and this for commercial purposes or not and especially advertising, as well as as part of a broadcast on social networks on which Luxury Pulse is present. In particular, the photographs of the Ads may be reproduced and integrated into adverti- sing formats posted on the Website and / or on social networks. The Advertiser grants its consent to the resumption of its Announcement and the Content of the latter on social networks. Therefore, the Advertiser certifies to have read the terms and conditions of use of the Facebook, Instagram, Snapchat, Youtube and Twitter websitesand to accept the terms, particularly with regard to the reuse of the Content and personal data.. Under this license, Luxury Pulse, without incurring any obligation to act, has the right to oppose the reproduction and exploitation by unauthorized third parties of the Ads on the Website and of their Content .
• To users, the non-exclusive right to access the Content via the Website and the Social networks and to use and represent the Content to the extent permitted by the functionality of the Website, for the entire world.
Luxury Pulse reserves the right, at any time, to modify or interrupt the accessibility of all or part of the Website.
Luxury Pulse reserves the right to modify, at any time, all or part of the General Conditions of Sale. Users and Advertisers are invited to regularly review these General Terms and Conditions of Sale in order to be aware of any changes made. Use of the Website by Users and Advertisers constitutes their accep- tance of the modifications made to the General Terms and Conditions of Sale.
If any part of the General Conditions of Sale should prove to be illegal, invalid or unenforceable, for any
reason whatsoever, the provisions in question would be deemed unwritten, without calling into question
the validity of the other provisions that will continue to apply. between Users or Advertisers and Luxury
These General Conditions of Sale are subject to French law.