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legal notice

This document contains important terms and conditions which affect your legal rights and remedies. Clicking the "I Accept" button and/or using this website constitues your (The Member) acceptance of all these terms and conditions. 123Cacher reserves the right to delete without warning the profile of any member who does not observe one of the following conditions or any person considered to be undesirable.

In this document, the words “us”, “we”, and “our” refer to Ness Interactive, "Societe A Responsabilite Limite" (Limited Liability Company) with the capital of 8 000 €, whose registered office is in Paris (75008) - 37 bis, rue de Ponthieu, RCS B 442 314 910, manages the website www.123cacher.com, which count in particular a directory of Kosher Jewish Restaurants in France and a members area.

DISCLAIMER

This website and all information, images, artwork, text, video, audio, pictures and other materials contained on this website, and the website design, content and arrangement (collectively, the “Information”) is provided by 123 Cacher. 123 Cacher makes no representations or warranties of any kind, express or implied, as to the operation of this website, its services, or the Information.
The members area of 123Cacher is only accessible to the people of more than 18 years. People under 18 who wish to become member must have a parental authorization to be registered on 123Cacher.com and to use the services that we propose.

1) INFORMATION

While reasonable efforts are made to ensure the Information is accurate and reliable when it is posted on this site, THE Information MAY NOT BE ACCURATE, COMPLETE OR CURRENT. You supply and/or use the Information at your own risk and you should not rely on the Information in situations where that reliance might result in any loss or damage to persons or property.

2) BECOMING A MEMBER

The Information is protected by copyright laws. All Information available on this site is intended for private, non-commercial use by individuals. Any commercial use of the Information, in whole or in part, directly or indirectly, without the prior written consent of the owner(s) of the copyright, is specifically prohibited. The Information may not be modified or altered in any respect, merged with other data or published in any form, in whole or in part. Individual users may, subject to these terms and conditions, forward, print or save individual pages for private, non-commercial use, however, an individual user may not otherwise copy, reproduce, republish, post, transmit, display, perform, distribute, modify or create derivative works from the Information without 123 Cacher’s prior written approval. By downloading the Information, you confirm agreement with, and acceptance of, the foregoing conditions of use.

When the conditions necessary to the inscription are met, each Member get a login and a password, which are strictly personals and confidentials and which will not have to be communicated nor divided with thirds. 123Cacher.com could not be responsible for the loss of an identifier by a Member.
If a Member would diffuse or use elements in a contrary way to their destination, 123Cacher.com reserves the right to delete without notice the account concerned.
The Member will be only the only responsible for the use of elements of identification by thirds or actions or statements made via his account, that they are fraudulent or not. He/she guarantees 123Cacher.com against any request for this reason. Elsewhere, 123Cacher.com not having the means of ensuring himself or herself of the identity of the people being registered with its services, 123Cacher.com is not responsible in case of usurpation of identity of a Member. If the Member has reasons to think that one person uses his or her information, he/she will have to inform 123Cacher.com immediately of it. The Member authorizes 123Cacher.com to diffuse on his Internet website the pictures and videos where of him at the time of each sponsored, organized, or sponsored event by 123Cacher.com, or more generally by NESS INTERACTIVE company. When a Member wishes to provide to 123Cacher.com the personnal informations of a third, he/she is committed having been beforehand obtaining from this last the assent with the processing of his or her data by 123Cacher.com. He/she is, in addition, exclusively responsible with regard to 123Cacher.com for this third, of the consequences of the transmission with 123Cacher of his or her informations. 123Cacher.com reserves the right to delete the accounts of the members who did not use the service during a period higher or equal to 6 (six) months, or if they still did not come on their account 10 (ten) days after their inscription. The completion date of use of the service taken into account for the calculation of the duration of the period is defined in the following way: the date of the last connection to the service 123Cacher.com.

3) USING 123CACHER

Once registered, the Member profits from an access to the services available on 123Cacher.com. Within the framework of the use of the services, the Member in particular commits himself complying with the following rules: To conform to the laws in force and to respect the rights of the thirds. Not to use 123Cacher.com at professional or commercial purposes (prospection, soliciting or prostitution), or with an aim is to bring together members for an unspecified demonstration without written prior agreement of the NESS INTERACTIVE company. Without damage of the provisions of article 6 "Cancellation", in the event of failure by a Member with one or more of these rules, 123Cacher.com reserves the right to delete the accounts of the Members concerned, and/or to block its access to whole or part of the services, in a temporary or final way, without counterpart, allowance or possible refunding. The Member will then have lost any advantage to which it had right (CacherPoints, Members Prices, etc.)

4) PRIVATE LIFE

123Cacher.com respects the most constraining standards of protection of the private privacy and was the subject of one declaration at the National Commission of Data processing and Freedoms (CNIL).
Each Member agrees expressly to the treatment of his or her information and takes the exclusive responsability for it. According to the law n° 78-17 of January 6, 1978 relating to data processing, the files and freedoms, the Member has the rights of opposition (Article 26 of the law), of access (Article 34 to 38 of the law) and of correction (Article 36 of the law) of the data relating to himself or herself. Thus, the Member can require that are rectified, supplemented, clarified, updated or erased information relating to it which is inaccurate, incomplete, ambiguities or out-of-date. Each Member can consequently, by postal mail with the following address: NESS INTERACTIVE - 37 bis rue de Ponthieu - 75008 Paris - FRANCE or, by electronic mail, with the following address: webmaster@123cacher.com; by taking the care to indicate his or her personal identifiers, to reach or ask to reach information relating to it to make them modify or remove.

4.1. Reason for information collected
The Member is brought to provide information relating to himself when he/she is registered with the service, he/she takes part in a contest, answers a survey... Some information is obligatory to take part in the service.

4.2. Type of information collected
The personal information collected by 123Cacher.com can include the name, postal and/or electronic addresses, phone number, banking and financial information, information on physical appearance, behaviors... Moreover, some non-personal information can be collected like the version of the browser used by the Member or any user (Netscape, Internet Explorer, Firefox, etc), the type of operating system used (Windows XP, Windows 98, Mac Os, etc.) and IP. 123Cacher.com is likely to use cookies, intended to store information identifying the Member lasting the consultation of the site in order to avoid to him or her having to manually seize them in each visited page. The Member has however the possibility of preventing the use of the cookies by modifying the options of his or her browser. On this point, to see the councils of modification of these options according to the navigator used, accessible in the heading "vos traces" from the site of the National Commission of Data processing and Freedoms: www.cnil.fr.

4.3. Who has access to this information?
1. The information collected about a Member when he/she register to 123Cacher.com and his or her subscription for our services is used in order to offer the latter. All the precautions were taken on our data bases to file your information in a protected environment. Only some of our employees have access to this information, which is accessible only where necessary for them.
2. 123Cacher.com is likely to deliver to the Members, except if they are opposed to it, promotional offers of some of its partners without their information not being transmitted to them.
3. 123Cacher.com can share general socio-demographic information non-personal with partners selected to enable them to target their advertisements (by age, sex, etc). In these cases, 123Cacher.com will not transmit information to them which would enable them to identify its Members.
4. Information composing the advertisements and the presentation of the Members is accessible on 123Cacher.com, on the Web www.123Cacher.com, the mobile platforms (wap, imode, pda...), by email (newsletters), SMS or Audiotel services. Moreover, they are likely to be diffused near people interested by 123Cacher.com, by the means of newsletters or third Web sites.

5) COPYRIGHT

5.1 Contents diffused by 123Cacher.com
Tthe trademarks, logos, graphics, pictures, animations, videos and texts contained on the site www.123Cacher.com are the intellectual property of NESS INTERACTIVE and cannot be reproduced, used or be represented without the authorization express of NESS INTERACTIVE, under penalty of legal proceedings. The rights of use conceded by 123Cacher.com with the Member are strictly limited to the access, the remote loading, the print, the reproduction on all supports (hard disk, CD-Rom, etc.) and with the use of these documents for a strictly personnal use within the framework and for the duration of adhesion with 123Cacher.com. Any other use by the Member is prohibited without the authorization of 123Cacher.com. The Member in particular avoids modifying, copying, reproducing, downloading, diffusing, transmitting, exploiting commercially and/or distributing some way that they are the services, the pages of the site www.123Cacher.com, or the data-processing codes of the elements composing the services and the site www.123Cacher.com.

5.2 Information diffused by the Members
123Cacher.com profits from a licence of use of the rights of intellectual ownership attached to the contents provided by the Members for purposes of diffusion on the site www.123Cacher.com. This licence includes/understands in particular the right for 123Cacher.com to reproduce and represent the contents concerning Member (information, images, videos, etc), on whole or part of the site www.123Cacher.com and/or in the mailing of 123Cacher.com. This licence finally makes it possible 123Cacher.com to modify the aforementioned contents in order to respect the graphic charter of the site www.123Cacher.com and/or to make them compatible with its technical performances. The Member avoids copying, reproducing, or differently using the contents relative to the other Members differently than for the strict needs for use of the services at personal and private ends.

6) CANCELLATION

Each Member can cancel his or her inscription to 123Cacher.com constantly and without reason in the heading of the site www.123Cacher.com dedicated for this purpose. Without damage of the other provisions of present, in the event of failure by the Member in the present conditions of use, 123Cacher.com reserves the right to suspend or cancel or delete the account of the Member without notice nor refunding and/or to engage of the legal proceedings in its opposition. This cancellation will automatically occure without damage of all the damages which could be claimed by 123Cacher.com in repair of the damage undergone because of such failures.

7) REPRESENTATIONS AND WARRANTIES

7.1 Informations et contenus fournis par les Membres
Information provided by a Member to 123Cacher.com must be exact and in conformity with reality. The effects of their disclosure on his or her life and/or that of the other Members are exclusive responsibility for the Member concerned. 123Cacher.com cannot be held responsible for the exactitude or the inaccuracy of information and contents provided by the other Members, and/or the visitors of the site. In the same way, 123Cacher.com cannot be held responsible for the contents diffused by a Member likely to contravene the rights of one or more other Members. If the responsibility for 123Cacher.com would be required at a rate of a failure per a Member with the obligations which fall on to him or her under the terms of the law or these conditions of use, this last begins to guarantee 123Cacher.com against any judgment pronounced in its opposition, this guarantee covering so much the allowances which would be possibly versed that the lawyer fees and court expenses which could be put at its load.

7.2 Operation of the site 123Cacher.com
The Member must have of competences, the hardware and the software necessary for the use of Internet, or if necessary, of services Internet, telephone by Audiotel or SMS or telephone and recognizes that the characteristics and the constraints of Internet do not make it possible to guarantee safety, the availability and the integrity of the data transmissions on Internet. Under these conditions, 123Cacher.com does not guarantee that the services will function without interruption nor error of operation. In particular, their exploitation could be temporarily stopped due to maintenance, updates or technical improvements, or to make some evolve/move the contents and/or their presentation. As far as possible, 123Cacher.com will inform its Members before an update or maintenance action. The Member gives up seeking the responsibility for 123Cacher.com to the title of the operation and the exploitation of the services. In the same way, 123Cacher.com could not also be held responsible for a failure, an impossibility of access, or bad conditions of use of the ascribable site 123Cacher.com to equipment not adapted, with internal dysfunctions with the supplier of access of the Member, the obstruction of Internet network, and for all other reasons external with 123Cacher.com.

7.3 Links
The website www.123Cacher.com can provide or of the thirds can include links to other websites or other Internet ressources. Insofar as 123Cacher.com cannot control these external sites and these sources, it cannot be held for person in charge for the provision of these external sites and sources, and cannot support any responsibility as for their contents, advertisement, products, services or any other element available on or starting from these external sites or sources. Any difficulty relative to a link must be subjected to the administrator or to the webmaster site about which it all is. One is reminded that in addition the consultation and/or the use of these sites and sources external are controls by their own conditions of use.

7.4 Limitation of responsibility
123Cacher.com will not be responsible for the consequential damages undergone by the Member and in particular for the losses of data (including the copies) or of recordings carried out by the Member, with load for the Member to carry out backup copies.

8) CONVENTION BETWEEN THE MEMBER AND 123CACHER

These conditions of use, as well as the pages of the site www.123Cacher.com to which it is refered in the present ones, constitute a contract governing the relations between the Member and 123Cacher.com. They cancel and replace all the former provisions not expressly concerned or annexed and constitute the entirety of the rights and obligations of 123Cacher.com and the Member relative to their object.

9) Modifications of 123Cacher.com or the conditions of use

123Cacher.com reserves the right to modify or make evolve/move constantly the pages of the site www.123Cacher.com, the services, their price or the conditions of use which are applicable for them. These modifications will come into effect as of their setting online on the site www.123Cacher.com, without damage of faculty for any Member to cancel his adhesion with 123Cacher.com. With defect, the Member is famous to have accepted these modifications continuously to use the site www.123Cacher.com or the services. The Members are thus invited to consult the most recent version online on the site. The presence of the Member on the site implies his full acceptance of any revision or modification.

10) JURIDICTION

The laws in force in France (Paris) will govern these disclaimers, terms, conditions and any claims you make against 123 Cacher. You agree that any action at law or in equity arising out of or relating to these disclaimers, terms and conditions will be filed only in the courts located in Paris, and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating such action, notwithstanding your place of residence.