Terms of service Starting: 12 September 2020

Welcome to Bim

Last modification: 11/06/2020

Welcome onboard! ⛵️

These terms of use (the "Terms") of Bim describe the conditions under which Bim-Comet SAS ("Bim", "we", "Services", "Service") offers you access to its Service, on its website located at www.bim.bi ("the Site"), on any subdomains or associated domains, as well as on its iOS and Android mobile applications. These conditions apply when you access, visit or use this service.

1 - About Bim 🕵️‍♀️

Bim is the most fun way to create photos challenges with your friends and discover their photos. It's a fun place where there is absolutely no tolerance for objectionable content or abusive users.

2 - Who can use Bim? 🎓

The service is intended for users aged 12 and over, and you guarantee that you are at least 12 years old. If you are not at least 12 years old, you can not access, visit or use the service.

3 - Acceptance of conditions ✅

You agree to these terms and agree to be bound by these terms when you access, visit or use the Service or create a Bim account. Please read these Terms carefully because they govern your access and use of the Service and in accordance with these terms applicable to your use of our legally binding service. IF YOU DO NOT AGREE WITH THESE TERMS, YOU CAN NOT ACCESS OR USE THE SERVICE.

Notice concerning the settlement of disputes: These conditions contain provisions which govern how the claims that you have between Bim and you are resolved (see articles below). They also contain an arbitration agreement (see article below), which, with the limited exception, requires you to submit claims you have against us for a final and binding arbitration, unless you exclude the convention of arbitration. (A) You will be allowed to pursue claims against Bim on an individual basis only, and not as part of a “class action” (group share) or a representative body and (B) you will be allowed to ask compensation (including monetary, injunctive relief, and declaratory relief) on an individual basis.

4 - Modifications 🎈

We may change these Terms. We will post any material changes to these Conditions of the service with a notice of the changes at least seven days before the effective date of the changes. If you have provided your email address, we may also inform you of important changes to these conditions by sending an email at least 7 days before the effective date of the amendment to the email address you have provided.

If you do not accept the new conditions, you can terminate your account within the period of 30 days applies and you will not be bound by the new terms. Otherwise, the new conditions will come into effect after 30 days. For the purposes of this provision, a “writing” does not include an electronic message and a signature does not include an electronic signature.

5 - Accounts and registration on Bim 📱

Our users who joined Bim can create an account or not.

If you create a Bim account, you agree to: (i) provide true, accurate, current and complete information about yourself as requested in the registration form for the Service (the “Registration Data”); (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete; and (iii) not to use the name of another person with the intent to impersonate that person or in a manner that causes confusion if not as to the origin of your account. If you provide false, inaccurate, not current or incomplete, or that imitates another person, or if Bim has reasonable grounds to suspect that the information you provide is untrue, inaccurate, not current or incomplete, or assumes the identity another person, Bim may suspend or terminate your account and refuse to allow you to use the service at any time.

6 - Bim - Privacy Policy 🔐

Bim's Privacy Policy is and is governed by these Terms and you agree to accept them. Read it carefully here: Privacy Policy.

7 - Service property

Except for User Content (as described below in section ‘user content’), you agree that Bim and its licensors or partners own all rights, title and interest in the service and all the documents provided by we in the Service, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights or photographs (the “Content Bim”) and all intellectual property rights relating to the content of Bim. You can not (and you may not authorize any third party to) copy, modify, create a derivative work of, decompile, reverse engineer, disassemble or otherwise attempt to discover the source code of the program’s functions. The Bim name, logo and symbols and names are the trademarks and service marks Bim. You agree not to display or use any Bim marks without the prior written consent of Bim.

8 - User Content 💾

A. Responsibility for user content 📸

Bim allows you to post content on the Service, including comments, data, text, photographs, graphics, video, audio, messages, labels, images, artwork or other materials ("User Content") You, and not Bim, will be solely responsible for any Content that you make available through the Service to other users of the service, and similarly, other users are solely responsible for the content they make available to you. in the service By posting Content on the Service, you agree to assume full responsibility for the Content and agree to the following: (i) you are the sole owner of any User Content that you make available through the Service and / or that you have all the rights necessary to make your content available to other users through the service and to grant Bim the rights to your User Content described in those terms, and (ii) all of your User Content and other information you provide to us is true and accurate. Bim has the right, but not the obligation, to pre-screen, deny or delete any User Content that violates these Terms or that Bim finds otherwise objectionable. If your account or User Content were removed from service, Bim reserves the right to retain your User Content in order to make it available to other users of the Service (so that one of your loved ones can keep the photos you have shared with it) as well as for backup, archiving, or for verification purposes

B. Content on the Service ⚖️

Bim is an Internet Service Provider ("ISP") and assumes no obligation to monitor the service on the contents of inappropriate or illegal users. Bim is not responsible or necessarily holds the opinions expressed in the User Content. Bim does not endorse the warranty, and assumes no responsibility, liability or liability regarding the content of the users, including, but not limited to, liability for claims from third parties against users of the service for defamation, slander , infringement, invasion of privacy, violation of advertising rights, obscenity, pornography, profanity, fraud or misrepresentation

C. Storing User Content 📥

Bim has the right to remove from service any User Content that you download that requires storage space beyond the storage space associated with your account

D. User Content Rights 🔎

Bim does not claim ownership of your User Content. However, you grant a Bim, worldwide, royalty-free, non-exclusive perpetual sub-licensable, transferable and irrevocable right to use, distribute, publish, reproduce, copy, modify, adapt, display your content user in Bim apps only, all without compensation for you. In addition, if your account settings allow Bim to make your username or profile picture visible to other users of the Service, you give Bim permission to display your user name and photo. Profile as part of any User Content. You release Bim from and against all claims of any kind that you may have against Bim in connection with this use, including, but not limited to, those that are based on advertising or confidentiality rights. You understand that the technical processing and transmission of data associated with the service, including your User Content, may require: (i) transmissions over various networks; and (ii) changes to your User Content to comply with and adapt to the technical requirements of networks or connection devices. You understand and agree that, unlike other websites or services, you will not have the opportunity, should not, and must not attempt, subject only to a grace period that Bim may choose, to its sole discretion, to provide from time to time (a "grace period"), remove or remove any User Content that you have shared with other users of the Service. From the moment you import media into an shared Bim by you grant to all participants of the shared Bim (including its creator) worldwide, free of royalty, the non-exclusive perpetually sub-licensable, transferable and irrevocable right to use, distribute, publish, reproduce, copy , modify, adapt, publicly perform and publicly display your User Content and integrate your User Content into any form, medium or technology, and to exercise all copyrights, trademarks, advertising and rights database that you have in your User Content in all known media now or in the future as part of the service, all without compensation to you

E. Dissemination 🔦

Bim gives you, worldwide, and royalty-free, the non-exclusive, perpetual, sub-licensable, transferable, and irrevocable right and license, under all Bim's license rights by other users of the Service, to use, distribute, publish, reproduce, copy, modify, adapt, publicly perform and publicly display the content, solely for non-commercial purposes, which (i) appears in the shared Bim to which you have access through the Service, and (ii) has not been removed or terminated during the grace period for that purpose, if any

9 - Acceptable use 💙

You agree to abide by Bim's Acceptable Use Policy

10 - Return User 💞

Bim welcomes and encourages your comments, ideas and advice, and you acknowledge and agree that we are free to use them without any restrictions or compensation.

11 - Links to other sites 🎯

The Service may contain links to third-party websites, resources, or data, and other users of the Service may post links to third-party websites, resources, or data. You acknowledge and agree that Bim is not responsible for the availability of such sites or resources, or any content, advertising, products, services or other material available on or through such sites or resources. You also acknowledge that you are solely responsible and must assume all risks arising from the use of any of these sites, resources or data. Links to third party websites via the Service are not intended to be referred to or refer to Bim any products, services or information contained on the relevant websites. These conditions do not apply to third party websites. You should review the Terms of Service, Privacy Policy and all other Third Party Site Materials.

12 - Products and services offered for sale on the Service 🛒

From time to time, Bim may offer products or services for sale on the service, either directly from Bim or from third party websites

13 - Products purchased from third parties 🎁

If you purchase third-party products or services that offer their products or services for sale through the service, the transaction is only applicable between you and the relevant third party and will be subject to the terms and conditions agreed between you and the applicable third party. You agree that Bim (as defined below) will not be liable for any loss or damage you suffer as a result of transactions with these third parties

14 - Products purchased directly from Bim 🛍

The purchase of Bim's products and services is subject to Bim's Terms and Conditions Awards.

15 - Termination of your account ❌

You can cancel your account at any time by contacting us at help@bim.bi. If you cancel your account, you will still be able to access and view the sites, but you will not have access to the features that are available to registered users of the Service. We may also terminate your account, or impose limits or restrict access to all or part of the Service at any time without notice or liability

16 - Exclusion of guarantees ⛔️

The service is provided "AS IS" and "AS IS". To the fullest extent permitted by applicable law, Bim and its parents, subsidiaries, partners, subsidiaries, officers, directors, employees, agents, shareholders, members, and licensees (collectively, the "Parties" Bim) disclaim all warranties, express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose and non-infringement. Bim Parties do not warrant that the service will be uninterrupted or error free, that defects will be corrected, that the service or servers performing the service, or the descriptions or representations of the product or other content offered under the service, are accurate, reliable, current or comprehensive. You agree that your use of the service is at your own risk. You will be solely responsible for any damage to your computer system or loss of data downloads of any content via the service. Bim parties assume no responsibility for the deletion, incorrect delivery or non-preservation of the content or personalization parameters

17 - Limitation of liability 👩⚖️

You understand and agree that Bim Parties will not be held liable for indirect, collateral, material or immaterial damages resulting from your use or your access to the Services, or your inability to use or access the Services.

18 - Abuse of Bim 🚯

Please report problems, offensive content, and policy violations by sending an email to help@bim.bi. We reserve the right, but without any obligation, to remove any User Content from the Service at any time, at our discretion. In addition, without limiting any other remedies, we may, in our sole discretion, limit, suspend or terminate service accounts and users, deny access to the service, and its content, delay access or withdraw certain hosted content and take measures to prevent users from using the Service, if we believe that they create problems (legal for example), infringe the intellectual property rights of third parties, or act inconsistently with the letter or the spirit of our policies

19 - Copyright Policy 📷

Bim respects the rights of content owners and asks you to do the same. You are responsible for the content that you make available through the Service. When sharing any content that is owned by third parties, such as images, articles, or links, you must mention the original source. Bim provides content owners with the opportunity to notify Bim if they feel that their work has been used or shared in a manner that constitutes a copyright infringement. Rights holders and their representatives may submit notifications to Bim according to the DMCA Policy Note (USA) or by Mail with A / R in France or Europe

20 - Release of the App 📲

If you have a dispute with one or more other users of the service, you agree to release the Bim Parties from all claims, claims and / or damages (real and indirect) of any nature, known or unknown, arising or not way related to this litigation. By entering this version, you expressly waive any protection (statutory or otherwise) that would otherwise limit the coverage of this version to include only claims, that you may know or suspect exist in your favor when agreeing to this version

21 - Indemnity 💰

You agree to indemnify and indemnify the Bim Parties from any claim or demand, including reasonable attorney's fees, made by a third party related to or arising from: (A) your User Content; (B) your use of the Service; Your violation of these Terms; or (D) your violation of any law or the rights of another party

22 - Choice of law and court ⚖️

French law applies to these Terms and your relationship with the Bim parties, without regard to conflicts of law principles, and the parties irrevocably consent to bring an action to enforce this agreement in the courts located in Créteil in the Val of Marne. You agree to the exclusive jurisdiction of the courts located in Créteil, Val de Marne

23 - Arbitration agreement and waiver of class actions 👫

A - Arbitration 🙌

The parties will use their best endeavors to settle any dispute, claim, matter, or disagreement directly through good faith negotiations which must be a prerequisite to either party to the commencement of a lawsuit or proceeding. arbitration. All claims arising out of or relating to these Terms and your use of the Service will be settled definitively by binding arbitration administered by the competent Créteil Tibunal de Commerce, in accordance with the provisions of its Commercial Arbitration Rules and Additional Procedures for Consumers , excluding rules or procedures governing or permitting class actions. The arbitrator, and not a court or agency, has the exclusive authority to resolve all disputes arising out of or related to these terms, including, but not limited to, any allegation that all or any of these Terms is void or voidable. The referee is entitled to grant some relief and would be available for any action in a court. The decision of the arbitrator will be binding on the parties and may be entered as a judgment by a competent court. The parties understand that, in the absence of this mandatory provision, they would have the right to sue and have a jury trial. They further understand that in some cases the costs of arbitration may exceed litigation costs.

B - Recourse waiver 👐

The parties also agree that the arbitration must be conducted on a personal basis only and not as a class action or other representative actions. If a court or arbitrator decides that the class action waiver in this section is void or unenforceable for any reason or that the arbitration may proceed on a class action basis, the arbitration clause set out below will be considered null and void in its entirety and the parties are deemed not to have consented to the arbitration of

24 - Exception-Litigation Claims Small Claims Court ☝️

Despite the decision of the parties to settle all disputes by arbitration, each party may also seek relief in a small claims court for litigation or claims within the jurisdiction of that jurisdiction.

25 - Thirty-day right of retraction 😖

You have the right to refuse and not be bound by the arbitration and class action provisions set out in this section by sending a written notice of your decision to withdraw to the following address: Bim, 5A Avenue Tassigny quarry, 94100 Saint Maur des Fossés - FRANCE. The notice must be sent within 30 days of registration, otherwise you will be bound to dispute arbitration in accordance with these Terms. If you exclude yourself from these arbitration provisions, Bim also will not be bound to them. In addition, if you choose to exclude yourself from these arbitration provisions, Bim may terminate your use of the Service.

26 - Special provisions for users located outside France 🇫🇷

The service is intended for French users and Bim's policies and procedures are based on French law. In addition, the service can be used by users of all nationalities without exception

27 - Various 📚

Bim's failure to exercise or enforce any of these conditions or to act with respect to a violation by you or others does not constitute a waiver or diminish our right to take action in the event of violations. subsequent or similar. If any provision of these Terms is held to be invalid, void or unenforceable under applicable law, the applicable provision will be construed, limited, modified or, if necessary, severed to the extent necessary to eliminate its invalidity. Titles are used for reference purposes only and do not limit the scope or extent of such section. These conditions (including policies and rules incorporated) set out the entire agreement between us, regarding the subject matter hereof. Employees of Bim Parties are not permitted to modify the terms of these Terms, either verbally or in writing. If an employee of the Bim Parties proposes to change these terms, he does not act as an agent for the Bim Parties or can not speak on behalf of Bim. You may not rely upon, and should not act upon, any statement or communication from any Bim Party employee or any other person purporting to act on behalf of Bim. These conditions are between you and Bim; there are no third-party beneficiaries. No agency, partnership, joint venture, employer-employee or franchisor-franchisee is intended or created by these Terms. If you have any questions about these conditions or if you have any questions related to your account, you can contact us by email at help@bim.bi