TERMS AND CONDITIONS
Last updated February 01, 2024
AGREEMENT TO OUR LEGAL TERMS
These General Terms and Conditions provide the terms of access and use of the Website. “User” is defined as any individual or entity who establishes a connection to or browses on the Site.
By accessing and using the Site you agree to the Terms of Use in force as posted on the Site at the time of access by the User.
1. DESCRIPTION OF Coparents.com SERVICES AND SITE
1. On this site Coparents.com offers tools and services promoting the introduction and matching of people who are seeking to establish a Coparenting Project
Coparenting is not defined by any specific legal statute, but conforms to established practice of shared parental rights and responsibilities toward a child, whether the parents are homosexual or heterosexual.
The Coparenting Project, in the Terms used here, is a project to raise a child between two parents: single, married or divorced. It matters not whether they are in a couple, or if they are of the same sex.
The Site is also open to people who wish to be sperm donor, or those in search sperm donors. The definition of a Coparenting Project is to be understood as this type of projects.
2. Coparents.com offers on the Site under these Terms:
- Free access:
- editorial and other relevant content about Coparenting;
- discussion forums;
- Subscriber Profiles and Offers seeking to organize a Coparenting Project – these offers are displayed without personal contact information or photographs in order to preserve the anonymity of Subscribers.
- Subscriber access, whether free or paid (different levels of service are available), to the following:
- Visitor Subscriber or a Privileged Subscriber account;
- ability to create a Subscriber Profile, send an Offer to organize a Coparenting Project,
- search for other Subscribers whose Profile matches your Coparenting Project;
- initiate a virtual meeting with other Subscribers who seem to match your Coparenting Project, or be contacted by other Subscribers looking for a match to organize a Coparenting Project.
3. The Coparents.com Site and Services are addressed exclusively to people who want:
To learn about Coparenting; Meet with other people to organize a Coparenting Project.
4. Signing up for a paid subscription is subject to acceptance of the General Terms of Subscription, which provides in detail the Terms of access and use of the Services. The Site allows Users who accept these Terms to sign up and pay using PAYPAL, Apple Pay or Google Pay for a subscription to Coparents.com Services.
5. For any question about activities and services offered by Coparents.com , Users are invited to contact Coparents.com with the contact information appearing under Article 7 of these Terms.
2. ACCESS AND AVAILABILITY
Access to the Site is free, continuous and permanent, except for events not under the control of Coparents.com , such as technical failure, or updates and maintenance needed for the continuous operation of the Site. In order to ensure quality service Coparents.com will schedule maintenance, updates or technical interventions which may involve an interruption of access to the Site. Because of the nature of the Internet, Coparents.com cannot guarantee operation of the Site 24 hours a day/7 days a week.
3. RESPONSIBILITY
1. Coparents.com endeavors to offer reliable and high quality information to Users on the Site.
Providing content accessible in Interactive Spaces, Discussion Forums, Blogs, Profiles, and Subscriber Offers which is primarily contributed by Subscribers.
Coparents.com reproduces editorial content from third party, national and international publications relevant to Coparenting under the heading “News.” Coparents.com is not responsible for this content or headlines. This content is the sole responsibility of authors and/or their editors.
2. Coparents.com does not guarantee either the accuracy, topicality or comprehensiveness of information disseminated in Interactive Spaces, Profiles, Subscriber Offers, or News, nor the conformity of the aforesaid information with the use which the User wishes to make.
Consequently, the use of this information is the User’s sole responsibility.
3. Coparents.com can not be held responsible for any direct or indirect harm suffered by Users or third parties by their use of information disseminated on the Site, or by their consultation with and use of the Site in any way.
- Remarks made by a User on Blogs, Chats, Discussion Forums, and more generally on all Interactive Spaces accessible from the Site or which the Site refers to directly are the sole expression of the User who agrees:
- Not to disseminate information in the Interactive Spaces which would allow User identification other than by pseudonym; neither surname, postal and/or electronic address, or telephone number.
- Not to make remarks, or to disseminate in any form, content which would violate any international, national or local Laws and Regulations regarding remarks of racist or xenophobic nature or which would incite violence or discrimination, or be defamatory, abusive, offensive, erotic, pornographic, or pedophile. This includes the rights of third parties, human dignity, privacy, property rights (intellectual creations, trademarks), as well as anything deemed political, advertising or marketing, which would not be in keeping with Coparents.com editorial policy, and which would be generally contrary to public order and common decency.
- You must not open multiple user accounts.
Not to in any manner, whether direct or indirect, offer for sale through the Interactive Spaces services of any nature, or the sale of sperm or egg donations or surrogate mother services, or sexual relations of any kind. All requests for subsidies, gifts or loans of money are also proscribed. We do not accept the ads of delivery of sperm, by post or all other way of delivery.
4. The User agrees to guarantee, indemnify, and relieve Coparents.com of all expenses and damages, direct and indirect, as well as all judgments it might suffer because of action taken against it by third parties resulting from the User’s actions on the Site and the Site’s available Interactive Spaces.
5. Interactive Spaces are for free exchange and open to all, but they are subject to being moderated.
Coparents.com reserves the discretionary right at all times to edit or remove messages which are off topic, illicit, or tend to undermine public order and common decency. Also not allowed are protest or publicity messages, advertising or commercial marketing, and any other message which would not be in keeping with Coparents.com editorial policy, or are not in accord with the prohibitions in Article 3 of these Terms.
6. Coparents.com does not monitor sites which connect to this Site by hypertext links, and has no responsibility for the content of those sites.
4. INTELLECTUAL PROPERTY
1. All data of any nature, and in particular texts, articles, questionnaires, graphics, logos, icons, images, audio or video clips, trademarks, and software, being reproduced on the Site are protected by royalties, trademark law and all other rights of intellectual ownership and belong to Coparents.com or to third parties having authorized Coparents.com to use them.
Coparents.com grants the User a right of private use, non-collective and non-exclusive, of the aforementioned content.
The User agrees to use Coparents.com Services fairly and honestly, in accordance with its purpose which is solely for personal use, and will refrain from any third party commercial use. The User, except for exercising his civil and legal responsibilities, agrees not to reproduce, summarize, modify, distort, or rerun in whole or part any such content as described in this Article without preliminary express authorization of Coparents.com .
2. The entire Site, including but not limited to Profiles and Subscriber Offers, and the means of accessing it, constitute the Database. This Database is exclusive Coparents.com property, and is protected by the provisions of the Code of Intellectual Property relating to royalties, and by the law of July 1, 1998 adapting the European Directive of March 11, 1996 on the legal protection of Databases.
Under these Terms, the User agrees to use this data within the strict framework of and agreement with Coparents.com Services. The User will refrain from reproducing, translating, adapting, arranging, transforming, communicating, representing and distributing, in a permanent or provisional way, by any means or in any form, the whole or part of the data contained in these bases, other than in the cases described under sub-paragraph 4.1 of the present Article.
3. Any creation of an Internet hypertext link to the Site requires the express authorization of Coparents.com .
5. CONFIDENTIALITY AND PERSONAL DATA
1. In accordance with provisions of French Law n° 78-17 of January 6, 1978 “Data Processing, Data Files and Individual Liberties”, and the decision of the CNIL (Commission nationale de l’informatique et des libertés) the French Data Protection Authority, of July 10, 2006 which removed earlier Internet site requirements and replaced it with a data processing declaration, the Subscriber/User file of Coparents.com was declared to CNIL by Coparents.com .
2. In accordance with the provisions the French Law of January 6, 1978, Subscribers/Users who have entered personal information on the Site have a right of access, as well as a right to modify, correct or delete the data which relates to them. To exert this right use the contact information appearing under Article 7.1 of these Terms.
3. Subscriber/User personal data, both that which has been input on the Site’s forms and all future such data, is exclusively for the use of Coparents.com within the context of Services offered to Subscribers/Users, and will not be made available to any third parties except for technical providers who help in the Service management. Those providers are held to the same standard of confidentiality as Coparents.com and will have access to the data only as needed for technical support .
4. Coparents.com maintains the personal data of Subscribers/Users on its own servers and is committed to strictly maintaining the confidentiality of all personal data, except in the cases described under Article 5.3 of these Terms upon request of legal authorities.
5. Subscriber data will also be used to personalize communication through newsletters to which they may subscribe.
6. FURTHER INFORMATION ON Coparents.com DATA PROCESSING
Data processing, as specified under heading 6 in the declaration form for the “data processing declaration,” gathers information from the different Subscriber categories (Visitor, Privileged) when they register for our matching service and other service functions.
The declarant gathers in this circumstance a significant amount of information from the people concerned, one question being whether they are unmarried or in a couple.
The declarant gathers personal data revealing the sexual orientation of Subscribers, namely if they are heterosexual or homosexual.
Answering this question is optional, it is however pertinent to the purpose for which the user is registered, namely matching services offered by the declarant for the purpose called Coparenting.
It is homosexual people who have this as a primary resort for having children and becoming parents.
Coparenting is not defined by any specific legal statute, but conforms to established practice of shared parental rights and responsibilities toward a child, whether the parents are homosexual or heterosexual.
The Coparenting Project, within the meaning of the services offered by the declarant, is a project to raise a child between two parents: single, married or divorced. It matters not whether they are in a couple, or if they are of the same sex.
The services of the declarant are also open to the people who wish to be sperm donor, or those in search sperm donors.
The purpose of the question relating to sexual orientation is thus simply to inform other subscribers about the profile of the subscriber concerned, and to check, on the basis of this criteria, but also the whole of the other criteria of each subscriber, whether this profile corresponds or not to the object of their search.
The declarant wishes to draw the attention of the CNIL to the strictly anonymous character of each subscriber profile. The information thus collected from each, as published on the Site and accessible to all, is not name specific in any case, nor does it contain any data making it possible to identify the people concerned.
Personal information is communicated only by the people concerned, within the context of matching made possible through the services offered.
There is thus no personal data communication which can be carried out independently of the will of the people concerned.
7. PROHIBITED ACTIVITIES
You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Services, you agree not to:
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- Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
- Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
- Use any information obtained from the Services in order to harass, abuse, or harm another person.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Use the Services in a manner inconsistent with any applicable laws or regulations.
- Engage in unauthorized framing of or linking to the Services.
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Delete the copyright or other proprietary rights notice from any Content.
- Attempt to impersonate another user or person or use the username of another user.
- Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
- Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
- Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
- Copy or adapt the Services’ software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
- Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
- Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software.
- Use a buying agent or purchasing agent to make purchases on the Services.
- Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
- Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise.
- Use the Services to advertise or offer to sell goods and services.
- The production, publication or distribution by any means of any content relating to donations, purchases, exchanges, for payment of gametes, spermatozoa, embryos, blood or any products of the human body is prohibited.
10. USER GENERATED CONTRIBUTIONS
The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Services and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
- The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
- You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Legal Terms.
- You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Services and these Legal Terms.
- Your Contributions are not false, inaccurate, or misleading.
- Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
- Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
- Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
- Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
- Your Contributions do not violate any applicable law, regulation, or rule.
- Your Contributions do not violate the privacy or publicity rights of any third party.
- Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
- Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
- Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms, or any applicable law or regulation.
Any use of the Services in violation of the foregoing violates these Legal Terms and may result in, among other things, termination or suspension of your rights to use the Services.
11. CONTRIBUTION LICENSE
By posting your Contributions to any part of the Services, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Services. You are solely responsible for your Contributions to the Services and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Services; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
12. GUIDELINES FOR REVIEWS
We may provide you areas on the Services to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hateful language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to review.
13. MOBILE APPLICATION LICENSE
Use License
If you access the Services via the App, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App on wireless electronic devices owned or controlled by you, and to access and use the App on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Legal Terms. You shall not: (1) except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the App; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the App; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the App; (5) use the App for any revenue-generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the App available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the App for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the App; (8) use the App to send automated queries to any website or to send any unsolicited commercial email; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the App.
Apple and Android Devices
The following terms apply when you use the App obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the Services: (1) the license granted to you for our App is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2) we are responsible for providing any maintenance and support services with respect to the App as specified in the terms and conditions of this mobile application license contained in these Legal Terms or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the App; (3) in the event of any failure of the App to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the App, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the App; (4) you represent and warrant that (i) you are not located in a country that is subject to a US government embargo, or that has been designated by the US government as a “terrorist supporting” country and (ii) you are not listed on any US government list of prohibited or restricted parties; (5) you must comply with applicable third-party terms of agreement when using the App, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the App; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Legal Terms, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Legal Terms against you as a third-party beneficiary thereof.
14. THIRD-PARTY WEBSITES AND CONTENT
The Services may contain (or you may be sent via the Site or App) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-PartyContent are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Legal Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Services or relating to any applications you use or install from the Services. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us blameless from any harm caused by your purchase of such products or services. Additionally, you shall hold us blameless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
15. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.
16. PRIVACY POLICY
We care about data privacy and security. Please review our Privacy Policy: https://www.coparents.com/privacy-policy/. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. Please be advised the Services are hosted in the United States. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Services, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.
17. COPYRIGHT INFRINGEMENTS
We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to applicable law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Services infringes your copyright, you should consider first contacting an attorney.
18. TERM AND TERMINATION
These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
19. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We also reserve the right to modify or discontinue all or part of the Services without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.
We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.
20. GOVERNING LAW
These Legal Terms are governed by and interpreted following the laws of France, and the use of the United Nations Convention of Contracts for the International Sales of Goods is expressly excluded. If your habitual residence is in the EU, and you are a consumer, you additionally possess the protection provided to you by obligatory provisions of the law in your country to residence. ThankU and yourself both agree to submit to the non-exclusive jurisdiction of the courts of Paris, which means that you may make a claim to defend your consumer protection rights in regards to these Legal Terms in France, or in the EU country in which you reside.
21. DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30)days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
Binding Arbitration
Any dispute arising from the relationships between the Parties to these Legal Terms shall be determined by one arbitrator who will be chosen in accordance with the Arbitration and Internal Rules of the European Court of Arbitration being part of the European Centre of Arbitration having its seat in Strasbourg, and which are in force at the time the application for arbitration is filed, and of which adoption of this clause constitutes acceptance. The seat of arbitration shall be Paris, France. The language of the proceedings shall be English. Applicable rules of substantive law shall be the law of France.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
22. CORRECTIONS
There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.
23. DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES’ CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
24. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $100.00 USD. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
25. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Services; (3) breach of these Legal Terms; (4) any breach of your representations and warranties set forth in these Legal Terms; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
26. USER DATA
We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
27. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
28. CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
29. MISCELLANEOUS
These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.
30. VARIOUS
1. We do not accept photos:
– blurry, poor quality or too small.
– with no face on the photo
– not up-to-date
– other people appear in the photo
– the content is inappropriate
– photos with children, animals or celebrities
– full or partial nudity
2. For questions or more information, Coparents.com invites Users to consult the FAQ, which presents the most frequently asked questions and their solutions.
If the User does not find satisfactory answers in the FAQ, please contact Coparents.com by email to: contact@Coparents.com
Telephone requests can not be processed.
3.These Terms express the entire obligations of both Coparents.com and the Users. Coparents.com reserves the right to modify these Terms unilaterally. Any new clauses will govern future relations between the parties, and only that new version will then apply. The applicable Terms will always be those accessible online through the Site.
4. In the case where one of the provisions of these Terms is declared null under the terms of a legal provision or regulation, either now or in the future, or a court decision emanating from a relevant authority and jurisdiction, that provision of the agreement will be dropped, but all other provisions of these Terms will remain in force between the parties.
5. In the event of litigation, only the French language version of these Terms is applicable.
These Terms are relevant to French law both for the rules of substance and the rules of form.
Any disagreement arising from the execution or the interpretation of provisions of this agreement obliges the parties to try to find an amicable solution of their dispute, before going to court.
ANY DISPUTE WHICH FAILS TO REACH AN AMICABLE AGREEMENT WILL BE LITIGATED UNDER THE JURISDICTION OF FRENCH COURTS
GENERAL TERMS OF SUBSCRIPTION Coparents.com
The Site and Coparents.com Services are addressed exclusively to couples or unmarried people wishing to match up with other people in order to organize a Coparenting Project . Subscriptions for whole or part of the Services is available on a free or paid basis. Registration for either type of subscription entails the general acceptance of these General Terms of Service, as well as, General terms of Use of the Site in their latest version, which will always be accessible on the Site.
1. OBJECT
The present General Terms of Service describes the terms of subscription and use of the Services provided both free of charge and paid on the Site by Coparents.com .
2. DEFINITIONS
Within the meaning of these Terms, each expression below will have the significance given in its definition, namely:
“Subscriber”: designates the individual who has subscribed to the Services by means of an email address, filled out registration and presentation forms, and accepted these Terms as well as the General Terms of Use of the Site. Subscribers are divided into two categories,“Visitor Subscriber” and “Privileged Subscriber”, as described under Article 3.3 of these Terms.
“Subscriber Space”: Space whose access is reserved to Subscribers through the input of a user name and a confidential password by which Subscribers can manage Profiles, Offers and Services;
“Subscriber Profile”: brings together all the content and information provided by Subscribers intended to be available to visitors to the Site as well as to other Subscribers who wish to see said information under the terms described under Article 5 “Operation of the Services.”
“Offer”: indicates the specific content input by a Subscriber in the Profile which briefly presents his or her Coparenting Project
“Coparenting Project”, “Project”: Coparenting is not defined by any specific legal statute, but conforms to established practice of shared parental rights and responsibilities toward a child, whether the parents are homosexual or heterosexual.
The Coparenting Project in the Terms used here, is a project to raise a child between two parents: single, married or divorced. It matters not whether they are in a couple, or if they are of the same sex.
The Site is also open to people who wish to be sperm donor, or those in search sperm donors. A Coparenting Project is to be understood as this type of project.
“Services”: means the entirety of the services provided , both free of charge and paid, under these Terms, as described under Article 3 of these Terms.
3. DESCRIPTION OF SERVICES Coparents.com
1. All of provisions listed in the General Terms of Use of the Site define the rules of access and consultation with the Site, which is free and open to all, including all of its sections notably the Profiles and Subscriber Offers.
2. Subscriptions to Coparents.com Services and creation of a Profile are free and open to all individuals over 18 years old, or those having reached the age of legal majority in their country of domicile, subject to having signed up before for Services under the terms described under Article 4 of these Terms having to respect all of the provisions described under the present General Terms of Service.
3. The offers of services are divided into two categories:
- Visitor Subscriber which allows the creation of a Subscriber Profile and Offers which can be sent to others on the Site, to search for other Subscribers whose Profile indicate a good match for his or her Coparenting Project. This is a free subscription which provides the minimum level of services. Privileged Subscribers will revert to this status if they do not renew their paying subscription by the expiration date.
- Privileged Subscriber which includes in addition to the rights granted to a Visitor Subscriber, a significant number of supplementary capabilities which increase the possibility of matching up with Coparents.com Subscribers identified by a Subscriber likely to suitable for his or her Coparenting Project, or of being contacted by other Subscribers. There are different levels of paid service offerings for Privileged Subscribers.
The detail of the functions and services included in each service offering is precisely described in the “Subscription” section.
4. Coparents.com does not impose any restriction regarding the country of domicile of Subscribers. Each Subscriber however is responsible for assuring that the use of these Services complies with the laws and regulations in force in his or her country.
5. For any question about the Services offered by Coparents.com , Subscribers are invited to to contact Coparents.com using the contact information listed in Article 12-1 of these Terms.
4. SUBSCRIPTION PROCEDURES
1. Access to Services are limited to individuals who meet the following criteria:
- An individual, or a couple both at least eighteen years old at the time of registration on the Site and legally adult in their country of domicile. In the case of the registration of a couple, registration will be made under the name and user name of only one person, but the name and specific contact information for each person concerned will have to be made available. The person undertaking the registration procedure on behalf of the couple will have to confirm that he or she obtained the authorization of the other member of the couple to join the Services, and be able to confirm that to Coparents.com upon request. The registered person will be the contact and exclusive interlocutor of Coparents.com and other Subscribers for all Services,
- have a Coparenting Project,
- comply with the financial terms if selecting a paid offering;
- accept the present General Terms of Service and the General Terms of Use of the Site.
2. Subscriptions to Coparents.com Services are reserved exclusively to individuals acting as private individuals. Coparents.com will refuse any request for subscription from entities, or from individuals acting as professional brokers or seeking commissions.
3. At the time of his or her registration and creation of his or her Profile, Subscribers agree to fill in each required field and provide correct and truthful information. Users can not usurp the identity of a third party to create and use more than one Subscription to Coparents.com .
Subscribers commit to regularly check their online data on the Subscriber Space and make corrections and changes if necessary. Coparents.com reserves the right to refuse, or to invalidate a posteriori the registration of any Subscriber whose information proves to be inaccurate, incomplete, untrue or fraudulent.
4. Coparents.com requires Subscribers to transmit a valid email address. Any communication carried out by Coparents.com and Subscribers at their email address is considered to be delivered and read by Subscribers, who agree to regularly consult messages received at their email address and, if necessary, to answer as soon as possible. Unless he or she removes them, a Subscriber can find all messages (within the limit of the quantities authorized by his or her category of subscription) which were addressed to him or her by Coparents.com and other Subscribers in their Subscriber Space.
5. The click of validation at the end of the process of filling out the registration form online, formalizes the confirmation of the subscription request to Coparents.com Services, and signifies an irrevocable acceptance of these General Terms of Service and the General Terms of Use of the Site.
This click of validation, from when Coparents.com notifies the Subscriber by email of the acceptance of the subscription request and the Subscriber clicks on the Profile confirmation link contained in that email, is deemed an agreement with Coparents.com for the Services offering selected.
The click of validation constitutes an electronic signature which is the same as a manual signature.
6. The registration takes place when Subscribers pick a user name (email addresses) and a password which then gives access to their Subscriber Space. The password can be modified online by the Subscriber in his or her personal Subscriber Space which is confidential and non-transferable.
Subscribers agree not to communicate any elements of personal identification to third parties.
Coparents.com can not be held responsible for any direct or indirect harm undergone by Subscribers or third parties resulting from fraudulent access to Subscriber Space following disclosure of any elements of his or her personal identification.
In particular, Coparents.com can not be held responsible for any direct or indirect harm undergone because of access by unauthorized third parties to the personal Subscriber Space when this fraudulent access is carried out by the input of his or her personal elements of identification.
7. Coparents.com reserves the right to refuse a request for subscription to the Services for cause, in particular non-observance by the candidate concerned of the provisions of Article 4.3 of these Terms.
8. The computerized records maintained in the computer systems of Coparents.com or its subcontractors under reasonable conditions of safety will be regarded as the evidence of the subscription, communications, and payments which occurred between Coparents.com and Subscribers.
The filing of the registration form and receipts is recorded on a reliable and durable medium which can be produced as evidence.
9. The “Privileged” Subscriber has seven working days from the start of the subscription to exercise a right of rescission without explanation and with no penalty. Subscribers will not be able to exercise this right of rescission concerning Services, if in accordance with the provisions of L.121-20-2 Article of the French Code of Consumption, the use and the fulfillment of Services started by agreement before the seven working day rescission period. The Subscriber agreement regarding the beginning of the use and Services fulfillment is formalized by Subscribers input of personal identification as well as access and use of whole or part of the Services reserved to the Privileged Subscribers.
10. You can cancel your subscription at any time by logging into your account. Your cancellation will take effect at the end of the current paid term. If you have any questions or are unsatisfied with our Services, please email us at contact@coparents.com.
5. OPERATION OF THE SERVICES Coparents.com
5.1 PROFILE AND OFFERS
1. Subscribers must, at the moment of registration as detailed under Article 4 of these Terms, create a Subscriber Profile which will be accessible by all visitors to the Site. Any personal data and photographs are however accessible only to Privileged Subscribers.
2. Subscribers are free not to fill out all of the fields of information requested in the Profile. However it is in Subscribers interest to enrich the Profile so as to best inform other Subscribers and to promote match ups with the latter.
3. Subscribers are entirely responsible for the content of the Profile and Offers, which can be updated at any time during the subscription period when logged on to the Subscriber Space.
Subscribers will take care that any information and plans outlined in Offers are truthful and do not involve any third parties without the express authorization of the latter.
Subscribers recognize that it rests with them, in the context of these Services, to only make available personal information which will not be detrimental to him or her if further disseminated.
Subscribers will not identify themselves in Profiles or Offers or through the Interactive Spaces and Services by any identification other than by pseudonym, not using a surname, postal and/or electronic address, or telephone number.
4. Subscribers agree to obtain an authorization from any recognizable people, other than themselves, who appear in any photographs used in their Profile.
Coparents.com reserves the right to refuse any photograph if it does not meet the technical criteria (JPEG format, smaller than 400 KB), or if copyrighted.
Subscribers acknowledge rights of royalty and agree not to reproduce in Profiles any distinguishing features or protected works (corporate names, commercial names, trademarks, photographs, images, drawings, logos, etc.) without authorization from their authors, or from holders of the rights relating to these works, or distinguishing features.
5. Subscribers agree not to make remarks in the Interactive Spaces (cf. art 5), or to disseminate in any form, content in Profiles or Offers which violates any international, national or local Laws and Regulations regarding remarks of racist or xenophobic nature or which would incite violence or discrimination, or be defamatory, abusive, offensive, erotic, pornographic, or pedophile. This includes the rights of third parties, human dignity, privacy, property rights (intellectual creations, trademarks), which would be off subject or which would not be in keeping with Coparents.com editorial policy, and which would be generally contrary to public order and common decency.
Also not allowed are remarks and content deemed to be political, advertising or marketing.
6. Any remarks or content are prohibited in which a Subscriber offers services of any nature, or the sale of sperm or egg donations or surrogate mother services, or sexual relations of any kind for sale. All requests of subsidies, gifts and loans of money are also proscribed.
7. Subscribers will refrain from inputting, downloading, or transmitting any software including, but not limited to, any viruses or any other code, file, or program conceived to stop, destroy, limit or harm the Site, the operations of any software, computer, server, telecommunications network or tool.
8. Coparents.com does not regularly modify or alter content posted online in Offers as they are the personal input of each Subscriber.
Coparents.com however reserves the discretionary right:
- to modify and adapt content of Profiles in order to meet technical constraints;
- to refuse the publication, or to remove at any time Offers whose content does not respect the prohibitions posed by Articles 5 of these Terms.
The withdrawal of these Offers will not require any refund or compensation to Subscribers concerned under these Terms.
9. Offers are displayed on the Site during Subscriber’s subscription period.
During this time period, Subscribers will be able to modify, remove and renew any Offer posted online on the Site when logged on to the Subscriber Space.
To assure that the Site does not display Offers that are no longer valid or are out of date, Subscribers agree to remove as soon as possible any Offers from their Subscriber Space in the following circumstances:
- the concluding with a Subscriber, or any other person, a Coparenting Project agreement which corresponds with the terms of the Offer;
- abandonment of the establishment of the Coparenting Project described in the Offer.
10. Subscribers remain free to, without having to provide any justification, take or not take action pursuant to any contact or inquiries addressed to them by other Subscribers within the context of the Services.
If a Subscriber chooses to decline an Offer made by another Subscriber, a courteous refusal should be sent by email.
Generally, Subscribers agree to show respect and to be courteous in regard to other Subscribers, and in particular not to badger, ridicule, or insult anyone, nor to reveal any information regarding other Subscribers to third parties.
11. Coparents.com is not responsible for any content in Subscriber Profiles and Offers.
Coparents.com can not be held responsible for any harm that might result from the content of Subscriber Profiles and Offers, or the use of that content by third parties.
Subscribers agree to guarantee, indemnify, and relieve Coparents.com of any expenses and damages, direct and indirect, as well as any judgments it could suffer because of action taken against it by third parties resulting from the content and Subscriber Profiles and Offers.
5.2 ORGANIZATION AND IMPLEMENTATION OF COPARENTING PROJECTS
1. When two Subscribers wish to organize a Coparenting Project, they will work out between them the appropriate methods and implementation of the Coparenting Project.
2. Coparents.com does not take any share in the organization and the implementation of any Coparenting Project organized between Subscribers who meet up within the framework of the Services.
The role of Coparents.com is exclusively to provide virtual meeting services by facilitating the dissemination on the Site of Subscriber Profiles and Offers so as to match up Subscribers, and generally in providing the various features of the Site.
5.3 INTERACTIVE SPACES
1. Remarks made by Subscribers on Blogs, Chats, Discussion Forums, and generally on all Interactive Spaces accessible on the Site or which the Site references directly are the sole expression of Subscribers.
2. Interactive Spaces are for free exchange and open to all, but they are subject to being moderated.
Coparents.com reserves the discretionary right at all times to edit or remove messages which are off topic, illicit, or tend to undermine public order and common decency. Also not allowed are protest or publicity messages, advertising or commercial marketing, and any other message which would not be in keeping with Coparents.com editorial policy or are not in accord with the prohibitions posed by Articles 5 of these Terms.
3. Subscribers agree to guarantee, indemnify, and relieve Coparents.com of all expenses and damages, direct and indirect, as well as all judgments it could suffer because of action taken against it by third parties resulting from the use by Subscribers of the Services and the Interactive Spaces.
6. GUARANTEES
1. Coparents.com is subject to a responsibility to make all best efforts to supply Services to Subscribers.
Coparents.com created the Site and Services in order to make available to Subscribers a platform for match ups which provides them a safe environment in which to meet others Subscribers with the intention of establishing a Coparenting Project, without however being held to any guarantee of results.
2. Coparents.com guarantees the conformity of the Services to this present agreement as described on the Site, and excludes guarantees of any other kind.
The Services contribute solely to the dissemination on the Site of Subscriber Profiles and Offers, and in match ups between Subscribers.
In particular, the automated and regular relaying to Subscribers email address of Subscriber Offers likely to answer the criteria of the their Offers and Projects, or the list of Profiles and Offers generated automatically following Subscribers research on the Site can in no case be construed to be a form of brokering or advice on the part of Coparents.com .
The activity of Coparents.com thus does not consist in the organization of “real” meetings, nor in the supply of public electronic communication Service within the meaning of the French Law of June 21, 2004 for confidence in the digital economy.
Therefore Coparents.com does not have as a legal obligation to identify Subscribers when they register and log in to Coparents.com Site, nor to verify the identity of Subscribers, or the authenticity of content in their Profiles and Offers, which they display as their sole responsibility.
- Coparents.com does not grant any guarantees to Subscribers:
- concerning the ability of the Services to allow them to identify among the Service Subscribers a Subscriber with whom he or she will be able to organize and realize a Coparenting Project;
- concerning the organization and the implementation of Coparenting Projects organized between Subscribers, including with regard to the legality of Coparenting Projects in the countries in which such projects are set up by Subscribers.
3. Coparents.com is discharged from any responsibility concerning all direct and indirect harm undergone by Subscribers or by third parties resulting from:
- content of Profiles and Subscriber Offers as disseminated on the Site;
- organization and implementation of a Coparenting Projects organized between Subscribers;
- ability of Subscribers to seek a Coparenting Project;
- behavior of Subscribers within the framework of the Coparenting Projects organized between Subscribers.
Generally, Coparents.com does not take any part and for this reason does not assume any responsibility in exchanges and agreements of any nature concluded between Subscribers, nor in any disagreements which could spring up between Subscribers.
4. Subscribers agree to guarantee, indemnify, and relieve Coparents.com of all expenses and damages, direct and indirect, as well as all judgments Coparents.com could suffer because of action taken against it by other Subscribers or by third parties resulting from actions of Subscribers.
5. Coparents.com is committed to implementing all necessary means to ensure the operation of the Site and Services under the best terms of transfer speed, work flow and continuity of service.
However, because of the nature of the Internet and of the data-processing infrastructure and network necessary to the operation of the Services, Coparents.com can not guarantee operation of the Services 24 hours a day/7 days a week. In order to ensure quality service Coparents.com will schedule maintenance, updates or technical interventions which may involve an interruption of access to the Site. Coparents.com is however committed to limiting the number and duration of Service interruptions.
6. In all the cases described in Article 6.6, the dysfunction or unavailability of Services which would result from it could not be deducted as periods during which Coparents.com does not fulfill its obligations, and no allowance will be credited to Subscribers no matter what harm these dysfunctions or unavailability might cause Subscribers or any third party.
7. FINANCIAL TERMS
1. Signing up and using a Visitor Subscription is entirely free.
Prices of Privileged Subscriptions vary according to category of subscription selected by Subscribers.
They are posted on the Site in Euros, with all taxes included, and apply to all Subscribers whatever their domicile.
2. Subscription prices do not include costs related to any software, computer equipment, and telecommunication service necessary to connect Subscribers to the Internet and to the Site, which costs are the sole responsibility of Subscribers.
3. Coparents.com reserves the right to modify its prices at any time, but Services will be billed at the rate posted at the time of subscription registration.
4. Payment is in Euros, $ or £, online on the Site, by bank card, through the services of PAYPAL, Apple Pay or Google Pay, or by Subscribers pre-existent PAYPAL, Apple Pay or Google Pay account if Subscribers have one.
Coparents.com absorbs the cost of the payment by PAYPAL, Apple Pay or Google Pay, and Subscribers are not obliged to open a PAYPAL, Apple Pay or Google Pay account.
The accepted bank cards are:
– PayPal
– Apple Pay
– Google Pay
– Bitpay
PAYPAL, Apple Pay or Google Pay will debit Subscribers bank card when payment online is accepted.
PAYPAL, Apple Pay or Google Pay guarantee the safety and data confidentiality of Subscribers bank cards.
PAYPAL, Apple Pay or Google Pay use SSL encoding which ensures the reliability of exchanges and transactions by encrypting all necessary personal data to process orders, such as email address, bank card number and bank coordinates. The bank information, thus encrypted, is transmitted directly to the bank via secure connection, without forwarding by the Site.
5. Coparents.com reserves the right to refuse to process any subscription if payment is refused by the bank payment center.
6. Subscription renewal terms
Subscribers can, at any moment, notify Coparents.com of their wish to terminate their subscription. The cancellation will be effective on the expiry date of the current subscription, under the condition that the Subscriber notified Coparents.com at least 48 hours before the expiration date of the current subscription, in accordance with the clauses of the article 9. SUBCRIPTION TERMS AND CANCELLATION.
When a subscription expires, it will be, except as otherwise notified by the Subscriber to Coparents.com at least 48 hours before the expiration date of the current subscription in accordance with the stated conditions, renewed for periods equivalent to the period initially contracted by the Subscriber. The subscription thus renewed will be invoiced on the same fees and periodicity basis as the ones of the subscription initially contracted by the Subscriber. Subscribers can, at any time, cancel their renewed subscription, which will then terminate on the date of expiration of the current subscription, under notification from the Subscriber to Coparents.com at least 48 hours before the expiration date of the current subscription.
Subscribers are constantly reminded of the expiration time of their current subscription each time they register on their Coparents.com account.
8. RIGHTS OF INTELLECTUAL PROPERTY
1. All data of any nature, and in particular texts, questionnaires, graphics, logos, icons, images, audio or video clips, trademarks, and software, reproduced on the Site are protected by royalties, trademark law and all other rights of intellectual ownership, and belong to Coparents.com or to third parties which authorize Coparents.com to use them.
Coparents.com grants Subscribers a right of private use, non-collective and non-exclusive on the aforementioned content.
Subscribers agree to use Services fairly and honestly, in accordance with its purpose which is solely for personal use, and will refrain from any third party commercial use. Subscribers, except for exercising their civil and legal responsibilities, agrees not to reproduce, summarize, modify, distort, or rerun in whole or in part any content described in this Article without preliminary express authorization of Coparents.com .
The entire Site, including but not limited to Profiles and Subscriber Offers, and the means of accessing it, constitute the Database.
This Database is the exclusive property of Coparents.com , and is protected by provisions of the Code of the Intellectual Property relating to royalty, and by the law of July 1, 1998 adapting the European Directive of March 11, 1996 on the legal protection of Databases.
Under these Terms, Subscribers agree to use this data within the strict framework of and agreement with Coparents.com Services. Subscribers will refrain from reproducing, translating, adapting, arranging, transforming, communicating, representing and distributing, in a permanent or provisional way, by any means or in any form, part or all of the data contained in this database, other than in cases described under sub-paragraph 8.1 of the present Article.
Subscribers concede to Coparents.com for the duration of this agreement a license of use relating to all content of Profiles and Offers displayed by Subscribers on the Site for purposes of dissemination on the Site and including the right for Coparents.com to reproduce, represent, adapt, translate, digitize, and use this content for purposes of the Services including in emails sent by Coparents.com to Subscribers and other electronic communication medium (email, SMS, MMS etc.) within the context of Services.
- sponsorship
- Subscribers can sponsor new subscribers for Services.
Coparents.com reminds Subscribers of the legal prohibition imposed by the French Law of June 21, 2004 for confidence in the digital economy, whereby it is prohibited to send email of a commercial character to people who have not expressly given their prior agreement to be thus solicited.
This prohibition applies to emails inviting people to subscribe to the Services. Before using the email transfer service available on the Site, Subscribers must first obtain express consent of those involved to the processing of their data by Coparents.com , which will be limited to sending emails about Coparents.com Services on behalf of Subscribers. Members provide this information voluntarily and freely as their exclusive responsibility.
Insofar as Subscribers do not use the email transfer service available on the Site, they must be clearly identified to the recipients as the senders of emails in which they introduce the Site to them and inform them about Coparents.com Services.
Subscribers must not send unrequested emails or use any illegal means for the purpose of recruiting sponsorees. Mass recruitment of sponsorees other than close relations and friends through ads on the Internet, in magazines or discussion forums is indeed strictly prohibited.
2. Subscribers can not in any manner represent themselves to third parties as acting in the capacity of Coparents.com in any way, and particularly in the context of seeking new sponsorees.
The present agreement does not imply any relation of agency between Coparents.com and Subscribers.
9. SUBCRIPTION TERMS AND CANCELLATION
9.1 Privileged Subscriptions
1. Privileged Subscriber status with the Services is concluded for one given period corresponding to the fixed period for the category of subscription selected by Subscribers.
2. Subscribers do not have the ability to stop or modify the subscription term once subscribed. Coparents.com does not issue refunds, or other compensation in the case in which the Subscriber ceases using the Services during the subscription term.
All sales are final and no refund will be issued.
Payments over 30 days are not refundable.
3. At the end of a Privileged Subscription term, a Subscriber wishing to continue the use of the Services at that level, can renew subscription term by paying the then current price, following the procedure described under Article 7 of these Terms.
4. In the absence of renewal at the end of the initially fixed term, this agreement will continue automatically as a Visitor Subscriber.
9.2 Visitor Subscriptions
The Visitor Subscriber sign up has no expiration date. Subscribers are free to cancel the subscription at any time and to ask for the Subscriber Space to be closed.
9.3 In the event of failure by one of the parties to fulfill the obligations of this agreement which is not cured within twenty working days from the receipt of notification of that failure by registered letter with return receipt, the other party will have all rights to cancel this agreement subject to any damages which that party could claim hereunder.
9.4 Coparents.com reserves the right to cancel any subscription without notice or compensation in the event of Subscribers failure to fulfill obligations of this agreement or in the event of Subscribers violation of any international, national or local Laws and Regulations or of public order and common decency.
The access of Subscribers to Services and Subscriber Spaces under these Terms will be automatically invalidated.
9.5 Coparents.com retains the option to temporarily or permanently suspend all or part of the Services:
- for the cases described in Article 11, Force Majeur, of this agreement;
- at its own discretion with Subscribers having no right to oppose, or to claim any form of compensation other than a subscription refund for the balance of the subscription period.
These Terms then will be automatically canceled.
The subscriptions used are not refundable. Payments over 30 days are not refundable.
9.6 Coparents.com will automatically cancel Subscriptions which have been inactive on the Site for a period of more than one year.
9.7 In the case of cancellation of the minimum level Subscription, Visitor Subscription, the access of Subscriber to the Subscriber Space will be automatically invalidated on the date of cancellation; and Coparents.com will remove from the Site the Profile and Offer, within fifteen working days of Subscriber’s receipt of email notification of the effective date of the cancellation of the agreement.
9.8 In order to comply with the CNIL, Coparents.com does not keep Subscriber data and information past one year from the expiration date of the subscription to the Services.
10. DATA PROCESSING AND INDIVIDUAL LIBERTIES
1. In accordance with provisions of French Law n° 78-17 of January 6, 1978 on “Data Processing, Data Files and Individual Liberties”, and the decision of the CNIL (Commission nationale de l’informatique et des libertés) the French Data Protection Authority, of July 10, 2006 which removed earlier Internet site requirements and replaced it with a data processing declaration, Subscribers/prospective customers files of the Coparents.com company was submitted to CNIL by Coparents.com .
2. In accordance with the provisions of the French Law of January 6, 1978, Subscribers having entered personal information on the Site have a right of access, as well as a right to modify, correct or delete the data which relates to them. To exert this right use the contact information appearing under Article 13.1 of these Terms.
3. Any Subscriber’s personal data, both that input on the Site’s forms and all future such data, is exclusively for the use of Coparents.com within the context of services offered to Subscribers, and will not be made available to any third parties, except for technical providers who help in the Services management. Those providers are held to the same standard of confidentiality as Coparents.com and will have access to the data only as needed for technical support .
4. Information, content or photographs, that Subscribers optionally provide might reveal ethnic origin, nationality, religion or sexual orientation of Subscribers or others portrayed there. By providing such optional information Subscribers are giving express consent to the display of personal data.
5. Coparents.com maintains the personal data of Subscribers on its own servers and is committed to strictly maintaining the confidentiality of all personal data, except in the cases described under Article 5.3 of these Terms upon request of legal authorities.
6. Subscriber data will also be used to personalize communication through newsletters to which they will receive.
11. FORCE MAJEURE
If the fulfillment of this agreement is delayed or prevented because of a force majeure event or a chance occurence, of the other party or of a third party or external causes such as social conflict, intervention by civil or military authorities, natural disaster, fire, water damage, faulty operation or interruption of the telecommunications network or electrical supply, responsibility does not rest with either party.
Force Majeure includes any event external to the affected party which is of an unforeen, irresistible and insurmountable character, which prevents one or other party from carrying out in whole or in part the contractural obligations charged by this agreement. In all cases, the affected party will do all in their ability to limit the duration and the effects of the chance occurence, force majeure or external cause. In the event of prolongation of such events beyond three months, this agreement will be automatically terminated.
12. VARIOUS
1. For questions or more information, Coparents.com invites Subscribers to consult the FAQ, which presents the most frequently asked questions and their solutions:
If Subscribers do not find satisfactory answers in the FAQ, please contact Coparents.com by email to:
Telephone requests can not be processed.
2. These Terms express the entire obligations of both Coparents.com and Subscribers.
Coparents.com reserves the right to modify these Terms unilaterally, particularly in the event of technical, legal or jurisprudential developments, or at the time of the installation of new services.
Any new clauses will govern future relations between the parties, and only that new version will then apply. The applicable Terms will always be those accessible online on the Site.
Subscribers will be notified of the nature and scope of these changes by email.
In the absence of any negative response within thirty days following the notification of these changes, they will be considered to have been accepted.
In the case where Subscribers do not accept these changes, Coparents.com reserves the right of canceling the present to the exclusive fault of Subscribers, in accordance with the provisions of Article 10.5 of these Terms.
3. In the case where one of the provisions of these Terms is declared null under the terms of a legal provision or regulation, either now or in the future, or a court decision emanating from a relevant authority and jurisdiction, that provision of the agreement will be dropped, but all other provisions of these Terms will remain in force between the parties.
4. In the event of litigation, only the French language version of these General Terms of Service is applicable. These Terms are relevant to French law both for the rules of substance and the rules of form. Any disagreement arising from the execution or the interpretation of provisions of this agreement obliges the parties to try to find an amicable solution of their dispute, before going to court.
Represented by:
FranzSchnelle(CEO)
ThankU
14 rue Charles V 75004 Paris
France
SIRET: 520 127 119