DANY DRUG TERMS OF USE
Last updated: December 2021
PLEASE READ THESE TERMS OF USE (“THE TERMS”) CAREFULLY BEFORE USING ANY Dany Drug PLATFORM.
If you live in one of the following countries or one of the following regions, additional terms may apply to your particular case, which can be found at the bottom hereof. We mention the country or region in these documents where applicable. In the event of any discrepancy between these and said additional conditions, the latter supersede the Conditions below.
Argentina , Australia , Brazil , Canada , China (for the purposes of these Terms, excluding Hong Kong, Macao and Taiwan), Colombia , Hong Kong , Japan , Philippines and all European countries (including conditions specific to Austria , the Belgium , the France , Germany , Hungary , Italy , Poland , and Switzerland ).
Welcome to the DANY DRUG community! You are reading these Terms because you are using a DANY DRUG website, digital experience, social media platform, mobile application, wearable technology, or other product or service, which is part of the DANY DRUG Platform (“the Platform ''). You can access the Platform using a computer, mobile phone, tablet, console, or other technology, hereinafter referred to collectively as the `` Device '' . Your provider's normal rates and charges apply to your Device.
These conditions constitute a binding contract, binding you toDANY DRUG and its subsidiaries (hereinafter "DANY DRUG ", "we," our ") with regard to your use of the Platform. Please read the following carefully:
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Our Conditions are subject to change. Some laws do not allow unilateral updates or modifications to the conditions applying to consumers, if this is the case in your country, this paragraph will not be applicable to you [see conditions for the Canada ]. These Conditions are subject to update. In the event of a significant change, we will post a notice on the Platform or send you a notification. Please be aware of any changes, and if you do not consent to them, please stop using the Platform. If you continue to use our Platform after notification of the changes, you will be deemed to have accepted the terms as amended, to the extent permitted by applicable law.
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Terms of sale. By making a purchase from us, you also agree to the Terms of sale that apply in your country or region [See conditions for Hungary .]
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Privacy policy. Our Privacy Policy describes the collection and use of personal data on the Platform, and applies to your use of the Platform.
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Important Warning for Amateur Athletes. It is your responsibility to ensure that your participation in the Platform does not affect your eligibility as an amateur athlete. Please check with your amateur athlete association to find out which rules apply to you. DANY DRUG is not responsible, and its responsibility cannot be engaged if your use of the Platform affects your eligibility as an amateur athlete.
1. BASIC RULES
ELIGIBILITY. To use the Platform, you must be of legal age in your country or have authorization from your legal representative (parents, guardian). Variable age restrictions may be applicable depending on the country for certain specific services of the Platform. [Refer to the conditions of the China (for the purposes hereof, excluding Hong Kong, Macao and Taiwan).]
REGISTRATION RULES. When you create an account with us, the following rules apply:
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Be Exact: Provide accurate and up-to-date information.
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Be Yourself: Your registration must be personal. Do not create multipleDANY DRUG accounts, do not create aDANY DRUG account on behalf of someone else, do not transfer your account.
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Be Safe: Be sure to keep your username, password, and login safe and don't allow anyone other than you to use your account.
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Be Responsible: NotifyDANY DRUG immediately of any unauthorized use of yourDANY DRUG account. You are responsible for all activity through yourDANY DRUG account - whether or not it has been authorized by you. TO THE EXTENT OF APPLICABLE LAW,DANY DRUG SHALL NOT BE LIABLE FOR ANY LOSS OR ACTIVITY RESULTING FROM AN UNAUTHORIZED USE OF YOUR ACCOUNT.
[Refer to the conditions of the China (for the purposes hereof, excluding Hong Kong, Macao and Taiwan).]
2. OWNERSHIP OF THE CONTENT
With the exception of User Content (defined below), all content on our Platform - including text, software, script, code, designs, graphics, photographs, sounds, music , videos, applications, interactive features, articles, news, diagrams, animations, labels, general illustrations and other content (hereinafter "the Content") - belongs toDANY DRUG or its licensees, and is subject to protection by copyright, trademark, patent and / or other protections granted by law.DANY DRUG reserves all rights not expressly described in these Conditions.
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All trademarks, service marks and trade names (including the word markDANY DRUG and the Palette design) are owned byDANY DRUG and are registered and / or licensed byDANY DRUG . Your access to or use of the Platform or the Content does not grant you any license or any other right. on trademarks, service marks and trade names.
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You agree not to modify or delete any mention of ownership entered on the documentation downloaded or printed from the Platform.
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In the event thatDANY DRUG authorizes the downloading or use of Content consisting of works protected or likely to be protected by copyright,DANY DRUG grants you a limited, personal, non-transferable, non-transferable license. be subject to a revocable sub-license, to access and use these works, within the limits of the purposes assigned to them, and only as long asDANY DRUG makes this Content available to the public. You will not acquire any ownership rights in the Content (including trademarks and any intellectual property rights included in the Content), which is reserved for personal, non-commercial use.DANY DRUG reserves the right to monitor your use and to modify or revoke your license or your access to the Content at any time and for any reason.DANY DRUG reserves the right to remove any Content contrary to these Conditions or infringing the intellectual property rights ofDANY DRUG . This limited use authorization does not in any way constitute a waiver byDANY DRUG of its rights to the Content.
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Subject to the specific rights of use thatDANY DRUG grants you via the Platform, you agree not to use, copy, edit, translate, present, redistribute, download, transmit, sell, create derivative works, exploit the Content of in any way, including User Content (unless it is your User Content, which you legally post on the Platform), without the prior written consent ofDANY DRUG . Unauthorized use of the Content may constitute an infringement of copyright, trademark rights or other laws governing intellectual property, and is liable to civil or criminal penalties.
3. POSTING CONTENT ON THE PLATFORM
USER CONTENT LICENSE. Certain functions of the Platform allow you to post photos, videos, comments and other content, which we refer to as “User Content”.DANY DRUG is not responsible for User Content that users post on the Platform. User Content belongs to the person who created it, but when you post User Content, you grant the license toDANY DRUG under the following conditions:
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Any user of the Platform is authorized to post User Content. You grant toDANY DRUG a non-exclusive, perpetual, transferable, sublicensable, free and worldwide license on the User Content that you post on the Platform, or via the Platform, including the image of any person appearing in the Content User, or any concepts or ideas contained in User Content, for any purpose, including commercial, which includes the right to translate, represent, reproduce, modify, create derivative works, sub-license, distribute and assign these rights.DANY DRUG may, at its sole discretion, remove any User Content at any time. [See Conditions for Argentina, Colombia the Belgium and the Philippines .]
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You understand that deleted User Content may remain inDANY DRUG's systems and on the Platform to the extent that it has been posted publicly or shared with others who have not deleted it, unless you or the relevant person request deletion or blocking of Personal Data, in accordance with applicable law.
LICENSE TO USE FEEDBACK, FEEDBACK AND IDEAS. You understand that any comment, feedback or idea that you send to us is transmitted in a non-confidential manner. Therefore, you guaranteeDANY DRUG a perpetual and global license to use all comments, feedback and ideas that you share with us, without any notification, compensation, or recognition being sent to you, for any purpose whatsoever. , including the development, manufacture and marketing of products and services as well as the creation, modification or improvement of products or services. [See the Conditions for Colombia and the Belgium .]
4. USER CODE OF CONDUCT
We are happy to count you among the members of theDANY DRUG community. Here are some basic rules to follow:
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Be Original. Do not post any User Content on the Platform without having all the necessary permissions and rights, including persons appearing or mentioned in the User Content, to be certain that your User Content is available.
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Be careful.
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Do not commit any action which could cause harm toDANY DRUG or its users, and in particular which could disrupt, damage, alter, overload or limit the functioning of the Platform.
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Do not post any User Content that contains software viruses, programs or other computer code, and do not circumvent or modify the Platform's security software or technologies.
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Do not use techniques such as data mining, bots, or other similar data collection methods.
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Unless we indicate otherwise, our Platform is public. Do not post personal information - about yourself or any other person - on the Platform.
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Be Personal.
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Do not post advertising, canvassing or commercial content on the Platform and do not accept payment from third parties in exchange for commercial activities carried out on the Platform.
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Do not collect or solicit personal information from other Platform users, and do not send unsolicited messages.
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Do not use automated technology to interact with the Platform.
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Be Respectful. Respect the community and do not post User Content, link to any website, or commit any other act that is illegal, deceptive, malicious, provoking, erroneous, discriminatory, or otherwise objectionable or inappropriate, or that violates applicable laws.DANY DRUG has the right to pre-select, monitor, or remove User Content - but has no obligation to do so.
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Be yourself. Do not impersonate other people or organizations, including athletes orDANY DRUG employees.
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HAVE FUN !
5. COPYRIGHT INFRINGEMENTS
Please consult your legal advisor before filing a report with us, as any misrepresentation by you is subject to penalties.DANY DRUG is entitled to terminate the accounts of users of the Platform who do not respect the copyrights of third parties.
If you consider that your work has been improperly copied on the Platform, and that this constitutes an infringement of your intellectual property rights, please provide us with the following information [See the conditions for France. ] :
(1) name, address, telephone number, email address and an electronic or physical signature of the copyright owner or his agent;
(2) a description of the copyrighted work, which you believe has been infringed;
(3) a description of the location of the content that you consider offensive on the Platform;
(4) a written statement indicating that you consider in good faith that the dissemination of the disputed content has not been authorized by the right holder, his representative, or the law;
(5) a declaration by you, made under oath - under penalty of prosecution (according to applicable law), attesting that the information you have provided is correct, and that you are the holder of the right, or authorized to act in its name and on his behalf.
Direct your complaints of copyright infringement to:
Legal Department (Copyright)
20 rue du Vertbois
75003 Paris
Telephone: (+33) 07-58-16-81-32
Email : info@danydrug.com
6. PARTNERS ON THE PLATFORM
At any time, DANY DRUG may join or enter into partnerships with third party websites, social network platforms, mobile applications, or other third party products and services (hereinafter “Third Parties”). You may be able to connect to these Third Parties via the Platform, but this does notimply that DANY DRUGapproves, manages, or exercises any control over these Third Parties or their activities, which are subject to the terms of use. and a separate privacy policy. You are invited to read the conditions and privacy policies of Third Party sites. DANY DRUG is not responsible for the content, policies, or activities of Third Parties and you interact with these Third Parties at your own risk.
7. EXCLUSION OF LIABILITY
PHYSICAL ACTIVITY. [See conditions for Canada , Germany , and Italy , as the following exclusions and limitations may not apply to you.] The Platform may contain material that promotes physical activity, nutrition, or general well-being. They pursue an informational purpose only, do not resemble a medical opinion or service and have no diagnostic or treatment objective.
Evaluate the risks involved and consult your doctor before undertaking any physical activity.
Never ignore medical advice and never postpone your doctor's consultation because of information or publication that you have read on the Platform.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, DANY DRUG IS NOT RESPONSIBLE FOR ANY DAMAGE OR DAMAGE THAT YOU MAY SUFFER AND WHICH RESULTS FROM YOUR USE, OR INABILITY TO USE, OF THE FUNCTIONALITIES OF THE PLATFORM.
INTERACTIONS BETWEEN USERS. To the extent permitted by applicable law, we are not responsible for your interactions with other users of the Platform or for the damages and prejudices that you may suffer as a result of these interactions. [See conditions for Italy .]
Be responsible and take precautions when interacting with other users (including users you do not know) on the Platform. Before you meet another user in person, be sure to investigate, bring a friend, pick a public location, and let someone know where you are. DANY DRUG has no obligation to take part in a conflict between users, but may do so at its sole discretion.
DISCLAIMER OF WARRANTIES. Some laws do not allow limitations or exclusions of liability, guarantees or legal remedies. In this case, these exclusions and limitations may not apply to you. [See conditions for Australia , Canada and Germany .]
The Platform, the Content and the documents and products on this Platform are provided "AS IS". We make no promises, including regarding the accuracy, suitability, usefulness, reliability, etc., of the Platform. TO THE EXTENT PERMITTED BY APPLICABLE LAW, DANY DRUG IS NOT RESPONSIBLE FOR USER CONTENT POSTED ON THE PLATFORM.
DANY DRUG does not guarantee that the Platform will not be subject to any interruption or malfunction, that it does not contain viruses or other harmful elements, and that all defects will be corrected.
Within the maximum limit authorized by applicable law, DANY DRUG rejects all guarantees, express or implied, concerning the Platform, the Content, the User Content or any product or service that you can obtain or to which you can access via the Platform, in particular but not exclusively, the implicit guarantees of quality, merchantability, fitness to fulfill a particular purpose and authenticity.
You are solely responsible for any damage caused to your Device resulting from access to the Platform, to the extent that applicable law does not provide otherwise.
We hope you enjoy and get the most out of the Platform; however, we do not provide any guarantee of result.
8. TERMINATION
DANY DRUG may remove or modify any DANY DRUG Platform, Member Program, DANY DRUG product or service at any time without notice.
DANY DRUG may terminate or suspend your account, delete your profile or all or part of your User Content, and restrict your use of all or part of the Platform at any time and for any reason, without this engaging its responsibility, in the limit of applicable law.
You understand and agree that part of your User Content, particularly that which is the subject of a distribution in a news feed or other public part on the Platform, may remain public after the termination of your account, subject to your right to request the deletion of your User Content, in accordance with applicable law.
These Terms remain applicable even when your account has been terminated or you have ceased to use the Platform.
9. INDEMNIFICATION / LIMITATION OF LIABILITY
We want you to take full advantage of the Platform, but DANY DRUG must also guard against any damage you may cause.
INDEMNIFICATION AND WAIVER. Some laws do not allow certain limitations or exclusions of liability and of legal guarantees and remedies, and these exclusions or limitations may not apply to you. [See conditions for Canada , the France , Germany and Hong Kong .] You agree to indemnify, defend and protect DANY DRUG, its subsidiaries, officers, officers, employees, agents, licensees and suppliers (hereinafter the “DANY DRUG Parties”) from, and against any claim, loss, liability, expense, damage, and cost, including advisory fees arising in any way from your User Content, your use of the Platform, your behavior on the Platform or with other users of the Platform, for any violation of these Terms of Use, law or rights of third parties. In your name and in the name of your heirs, your patrimony, your insurers, successors, and assignees, you hereby waive all claims or legal actions against the DANY DRUG Parties for damages resulting in any way whatsoever. whether it is your use of the Platform.
LIMITATION OF LIABILITY. Some laws do not allow certain limitations or exclusions of liability and of legal guarantees and remedies, these exclusions or limitations may not apply to you. [See conditions for Canada , the France, Germany, Hong Kong and the Philippines.] THE DANY DRUG PARTIES SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, ACCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT EXCLUSIVELY, RESULTING FROM ANY LOSS OF PROFITS OR DATA ARISING FROM USE OR IMPOSSIBILITY OF USE. USE THE PLATFORM OR PRODUCTS PURCHASED THROUGH THE PLATFORM, OR THE BEHAVIOR OF OTHER USERS OF THE PLATFORM (ONLINE OR OFFLINE), OR PARTICIPATION IN AN EVENT ORGANIZED BYDANY DRUGOR ITS PARTNERS, OR ANY USER CONTENT OR ACTIVITY IN CONNECTION WITH THE USE OF THE PLATFORM, AND THIS, EVEN IFDANY DRUGHAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE PLATFORM. YOUR SOLE REMEDY AGAINSTDANY DRUG IN THE EVENT OF DAMAGE RESULTING FROM YOUR USE OF THE PLATFORM OR THE CONTENT, IS TO STOP USING THE PLATFORM. IFDANY DRUGIS LIABLE FOR ANY DAMAGE OR LOSS THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE PLATFORM,DANY DRUG'S LIABILITY SHALL NOT EXCEED THE SUM OF $ 100.00 OR € 100.00 IF YOU RESIDE IN EUROPE.
10. MARKETPLACE APPLICATION: you acknowledge that this agreement is concluded between you and DANY DRUG, and not with the marketplace application on which you have downloaded a DANY DRUG application (ie for IOS users, the App Store operated by Apple Inc. or Android users, the Google Play store operated by Google Inc.).
11. DISPUTES / ADDITIONAL CONDITIONS
APPLICABLE LAW / COMPETENT JURISDICTION
If you live in one of the following countries, a different “applicable law / competent jurisdiction” may apply to you: Argentina , Austria , Brazil , Canada , China (for the purposes of these Terms, excluding Hong Kong, Macao and Taiwan), Germany , Hong Kong , Italy , Philippines , Poland , Swiss and all the others European countries .
You acknowledge that this Platform is a passive platform, based solely in Charente Maritime, France, which cannot give rise to any jurisdiction other than that of the jurisdictions of Charente Maritime.
You agree that the Platform, the Conditions, the Confidentiality Policy, and any dispute between you and DANY DRUG are governed in all respects by the legislation of Charente Maritime, to the exclusion of the provisions relating to the choice of legislation, and the 1980 French Convention on International Sales Contracts.
Subject to the contrary provisions of the applicable law, and without limitation to the rights of consumers, you acknowledge that any dispute, any complaint, and any legal proceeding arising directly and indirectly from the Platform (in particular from the purchase of DANY DRUG products) must be the subject of an individual resolution, to the exclusion of any recourse to a form of collective action, and exclusively before the state or federal courts of Charente Maritime.
You waive any defense of “exception to incompetence” and “incompetent forum” with regard to the material and territorial jurisdiction of the state and federal courts of Charente Maritime.
All claims must be made within one (1) year of the event giving rise to the damage, unless a longer period is provided for by applicable law.
ELECTRONIC COMMUNICATION
By using the Platform, you agree to receive electronic communications from DANY DRUG, subject to applicable law.
You acknowledge and agree that any notice, agreement, publication or other communication that DANY DRUG sends to you electronically satisfies any legal communication requirement, including any requirement in writing.
RIGHT OF ASSIGNMENT, NO DEROGATION, INDEPENDENCE OF CLAUSES
DANY DRUG may assign its rights and duties under these Conditions to any party and at any time without notify you, subject to applicable law; any such assignment will not affect any rights or obligations applicable to you under these Terms.
Failure for DANY DRUG to invoke and / or to strictly enforce these Conditions cannot be interpreted as a waiver of these Conditions or of DANY DRUG's rights. Users should always consider that these Terms continue to apply.
If any provision of these Conditions is found to be invalid or unenforceable, the remaining Conditions remain applicable.
Thanks for reading. Please take advantage of our community!
REGION OR COUNTRY SPECIFIC CONDITIONS
If you live in one of the following countries, these derogatory conditions will apply to you and take precedence over the incompatible provisions of the Conditions of Use.
ARGENTINA
Section 3 (POSTING CONTENT ON THE PLATFORM): the first paragraph of the point under the heading “USER CONTENT LICENSE” is deleted and replaced by the following:
"You grant DANY DRUG a free, non-exclusive and transferable worldwide license to display User Content that you post on or in connection with the Platform and to share it with other Users, including the right to translate, display, reproduce, modify, create derivative works, sub-license and distribute User Content.
For example, we need these rights in order to be able to copy your User Content into our databases, display it in the correct format on our mobile applications and send your User Content to providers who provide services on behalf of DANY DRUG. . "
Section 11 (DISPUTES / ADDITIONAL CONDITIONS): this section is amended as follows:
The subsection entitled “APPLICABLE LAW / COMPETENT JURISDICTION” is hereby deleted and replaced by the following (except for the last point concerning complaints, which remains unchanged):
"APPLICABLE LAW / COMPETENT JURISDICTION
You agree that the Platform, Terms, Privacy Policy and any dispute between you and DANY DRUG will be governed in all respects by the laws of Argentina. "
Section 7 (DISCLAIMER OF LIABILITY): this section is amended as follows:
The subsection entitled "DISCLAIMER OF WARRANTY" is amended by adding the following paragraph:
"However, the Platform, Content, materials and products on this Platform come with certain warranties which cannot be excluded for the benefit of Australian customers under Australian Consumer Law (" ACA "), including warranties relating to acceptable quality and suitability for the intended use. Nothing in the Conditions shall be interpreted or applied in such a way as to exclude, restrict or modify or have the effect of excluding, restrict or modify any condition, guarantee, insurance, right or remedy provided for by the LAC and which, by virtue of the law, cannot be excluded, restricted or modified, even if a provision in these Terms would suggest that it could be the case. "
BRAZIL
Section 11 (DISPUTES / ADDITIONAL CONDITIONS): this section is amended as follows:
The subsection entitled “APPLICABLE LAW / COMPETENT JURISDICTION” is deleted in its entirety and replaced by the following:
" APPLICABLE LAW / COMPETENT JURISDICTION
You agree that the Platform, the Terms, the Privacy Policy and any dispute between you and DANY DRUG shall be governed in all respects by Brazilian law, without regard to the provisions of applicable law, and not by the United Nations Convention on Contracts. international sales of goods.
Unless prohibited by law, you agree that all disputes, claims and legal proceedings arising directly or indirectly from the Platform (including, but not limited to, the purchase of DANY DRUG products) be resolved individually, without recourse to any form of class action, and exclusively in Brazil. "
CANADA
Introductory paragraph:
The section entitled "Our terms may change" is supplemented by the following:
“(A) DANY DRUG must send you, at least 30 days before the entry into force of the amendment, a written notification written in a clear and legible manner, indicating the new clause and the date of entry into force of the amendment. amendment; and
(b) you can refuse the modification and cancel it or, in the case of a successively executed contract, cancel the contract without costs, penalties or termination indemnities by sending DANY DRUG a notification to this effect no later than 30 days after the entry into force of the amendment, provided that this amendment leads to an increase in your obligations or a reduction in the obligations of DANY DRUG. "
MULTIPLE SECTIONS: The Conditions set out in the sections entitled "Physical Activity", "Disclaimer", "Indemnification / Limitation of Liability", and "Limitation of Liability" are supplemented by the following:
“The laws in some jurisdictions on consumer protection, including Quebec, do not allow limitations and exclusions of warranties on products purchased. If these laws apply to you, the exclusions or limitations in the following sections may not apply: Physical Activity, Disclaimer of Warranty, Indemnification / Limitation of Liability and Limitation of Liability. "
SECTION 11 (DISPUTES / ADDITIONAL CONDITIONS): this section is amended as follows:
The subsection entitled “APPLICABLE LAW / COMPETENT JURISDICTION” is amended by adding the following at the beginning of the section:
“THE LAWS IN CERTAIN CONSUMER PROTECTION JURISDICTIONS, SUCH AS QUEBEC, MAY REQUIRE THAT YOUR CONTRACT BE GOVERNED BY THE LAWS OF YOUR JURISDICTION AND COME WITH THE JURISDICTION OF THE COURTS OF YOUR JURISDICTION. IN ADDITION, THESE LAWS MAY OPPOSE YOUR WAIVER OF YOUR RIGHT TO BE PART OF A CLASS ACTION OR A LIMITATION OF THE TIME YOU HAVE TO INITIATE LEGAL PROCEEDINGS. IF THESE LAWS APPLY TO YOU, THE FOLLOWING LIMITATIONS MAY NOT APPLY. "
CHINA (for the purposes hereof, excluding Hong Kong, Macao and Taiwan)
Section 1 (BASIC RULES) : the paragraph entitled " Eligibility 'Is deleted in its entirety and replaced by the following:
“You can use the Platform if: i) you are of legal age and able to engage in civic behavior in accordance with the laws of the People's Republic of China; or ii) you have obtained the consent of your parent or guardian. Each country / region may impose age restrictions for certain Platform services.
If you are a parent or guardian and find out that your child is using the Platform without your consent, please do not hesitate to contact us. "
The following conditions are added at the end of the second paragraph, under " Registration rules ":
“In order to comply with the laws and regulations of the People's Republic of China, you will submit to real name verification in accordance with applicable law. "
Article 11 (DISPUTES / ADDITIONAL CONDITIONS):
The paragraph entitled " CHOICE OF LAW / JURISDICTION 'Is deleted in its entirety and replaced by the following:
" Choice of law / Jurisdiction
You agree that the Platform, the Terms and any dispute between you and DANY DRUG be governed in all respects by the law of the People's Republic of China, regardless of choice of law provisions, and not by the 1980 United Nations Convention on Contracts for the International Sale of merchandise.
Unless otherwise provided by applicable law, you agree that all disputes and claims arising from your use of the Platform (including, in particular, the purchase of products DANY DRUG ) will be resolved through amicable negotiation between the two parties; in the absence of agreement between the parties, either party may initiate legal proceedings at the Yangpu District People's Court in Shanghai and both parties waive the right to object to the jurisdiction of attribution. "
COLOMBIA
Section 3 (POSTING CONTENT ON THE PLATFORM) : the subsection titled “USER CONTENT LICENSE” is amended as follows:
The first paragraph under the heading USER CONTENT LICENSE is deleted and replaced by the following:
"You grant DANY DRUG a non-exclusive, indefinite, transferable, sublicensable and free worldwide license to use all User Content that you post on or in connection with the Platform, including the image of any person appearing in the User Content, or to use any concepts or ideas present in the User Content, for any purpose, including commercial, which includes the right to translate, display, reproduce, modify, create derivative works, sub-license, distribute and assign these rights. "
Section 3 (POSTING CONTENT ON THE PLATFORM) : the subsection titled “LICENSE TO USE FEEDBACK, FEEDBACK AND IDEAS” is deleted in its entirety and replaced with the following:
"AUTHORIZATION TO USE COMMENTS, FEEDBACK AND IDEAS." You grant DANY DRUG unlimited, worldwide permission to use any comments, feedback and ideas you may share with us, without notice, indemnity or information to you, for any purpose, including, but not limited to. limiting, the development, manufacture and marketing of products and services. "
HONG KONG
DANY DRUG alias Daniel Ducarmel, an entity registered in the Charente Maritime region, in France and whose head office is Daniel Ducarmel 2 rue Cavalier de la Salle, 17300 Rochefort France is: the operator and the DANY DRUG Applications manager.
Article 9 (INDEMNIFICATION / LIMITATION OF LIABILITY) : This section is deleted and replaced by the following:
“ Compensation and discharge. You agree to indemnify, defend and hold harmless DANY DRUG, its affiliates, agents, directors, employees, agents, licensors and suppliers (the "DANY DRUG") against all claims, losses, lawsuits, expenses, damages and costs (including attorney's fees), consequential or in any way relating to your User Content, your use of the Content, your use of the Platform, your behavior in connection with the Platform or with other users of the Platform, or any violation of these Terms, any law or any third party rights.
Limitation of Liability. Except to the extent permitted by applicable law, you agree to the following:
none of the Parts of DANY DRUG will not be held liable for any special, incidental or consequential damage (including loss of profits or data) resulting from the use, or inability to use, of the Platform or the performance of products purchased by the '' through the Platform or the conduct of other Platform users (online or offline), or participation in a DANY DRUGevent orDANY DRUG partner events, or any User Content or any other activity related to the use of the Platform, even if DANY DRUG has been informed of the possibility of such damage;
you take full responsibility for your use of the Platform; and
if DANY DRUG is held liable to you for any damage or loss related in any way to your use of the Platform or any Content, DANY DRUG's liability will not exceed the greater of the following amounts : (1) the amount you paid to us under these Terms for your use of the Platform or any Content, or (2) USD 100.00. "
Article 11 (DISPUTES / ADDITIONAL CONDITIONS) : The first point of the paragraph entitled “CHOICE OF LAW / JURISDICTION” is deleted in its entirety.
JAPAN
Article 9 (INDEMNIFICATION / LIMITATION OF LIABILITY) : this article is amended as follows:
The paragraph entitled "LIMITATION OF LIABILITY" is deleted in its entirety and replaced by the following:
LIMITATION OF LIABILITY . NONE OF THE PARTIES OF DANY DRUG SHALL BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR DATA, RESULTING FROM THE USE, OR THE INABILITY OF USE, OF THE PLATFORM OR THE PERFORMANCE OF THE PRODUCTS PURCHASED THROUGH THE PLATFORM OR THE CONDUCT OF OTHER USERS OF THE PLATFORM (ONLINE OR OFFLINE), OR PARTICIPATION IN A DANY DRUG EVENT OR THE EVENTS OF DANY DRUG PARTNERS, OR ANY USER CONTENT OR ANY OTHER ACTIVITY RELATED TO USE OF THE PLATFORM, EVEN IF DANY DRUG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE PLATFORM. YOUR SOLE REMEDY AGAINST DANY DRUG IN CONNECTION WITH ANY DAMAGES RESULTING FROM YOUR USE OF THE PLATFORM OR ANY CONTENT IS TO DISCONTINUE USING THE PLATFORM. IF DANY DRUG IS HELD LIABLE TO YOU FOR ANY DAMAGE OR LOSS IN ANY WAY RELATING TO YOUR USE OF THE PLATFORM OR ANY CONTENT, DANY DRUG'S LIABILITY SHALL NOT EXCEED US $ 100.00 OR 100.00 EUR IF YOU LIVE IN EUROPE.
Article 11 (DISPUTES / ADDITIONAL CONDITIONS) : this article is amended as follows:
The paragraph entitled “CHOICE OF LAW / JURISDICTION” is deleted in its entirety and replaced by the following:
" Choice of rights / Jurisdiction
You agree that the Platform, Terms, Privacy Policy and any dispute between you and DANY DRUG will be governed in all respects by Japanese law, regardless of choice of law provisions, and not by the United Nations Convention on 1980 on contracts for the international sale of goods.
Except in cases where the law in force prohibits it, and without limiting the legal rights of consumers, you agree that all disputes, claims and legal proceedings resulting from or relating, directly or indirectly, to the Platform (including, but not limited to, the purchase of DANY DRUG products) will be resolved individually, without recourse to any form of collective action, and exclusively in the courts located in Tokyo, Japan.
All complaints must be made within one (1) year of their occurrence, unless a longer period is provided for by applicable law.
PHILIPPINES
Article 2 (OWNERSHIP OF CONTENT) : The third point of this Article is revised as follows:
When DANY DRUG approves the downloading or use of Content consisting of copyright or works that may be protected by copyright, DANY DRUG grants you a limited, personal, non-transferable and non-transferable right to '' access and use such copyrights or copyrightable works only for the intended purposes and only as long as DANY DRUG makes the Content generally accessible to the public. You do not acquire any ownership rights or any form of license in the Content (including any trademark or other intellectual property included in the Content), and all such Content is intended for personal, non-commercial use. DANY DRUG reserves the right to monitor and modify or revoke your use of the Content or your access to the Content at any time and for any reason. DANY DRUG reserves the right to destroy any Content that is in violation of these conditions or the intellectual property rights of DANY DRUG. The fact that DANY DRUG allows you such limited use does not constitute a waiver of any of DANY DRUG's rights with respect to the Content.
Article 3 (PUBLICATION OF THE CONTENT OF THE PLATFORM) : This article is revised as follows:
User Content License . Certain parts of the Platform allow you to post photos, videos, comments and other content that we refer to as “User Content”. DANY DRUG is not responsible for User Content that others post on the Platform. User Content is owned by you or whoever created it, but when you post User Content, you agree to the following:
You represent that you have the right to publish your User Content, and you agree to sign all relevant documents to grant DANY DRUG a non-exclusive, perpetual, transferable, sublicensable, royalty-free, worldwide license for the use of any User Content that you post on or in connection with the Platform, including the image of any person that appears in the User Content, or any of the concepts or ideas contained in the User Content, for any purpose , including commercial use, which includes the right to translate, display, reproduce, modify, create derivative works, sub-license, distribute and assign such rights. DANY DRUG may, at its sole discretion, remove any User Content at any time.
You understand that deleted User Content may remain in DANY DRUG's systems and on the Platform to the extent that your User Content has been publicly displayed or shared with others who have not deleted it, unless you or the data subject request the deletion or blocking of personal data in accordance with applicable law.
Article 9 (INDEMNIFICATION / LIMITATION OF LIABILITY) : The paragraph entitled “LIMITATION OF LIABILITY” is deleted and replaced by the following:
“To the extent permitted by applicable law, neither party of DANY DRUG shall be liable for any special, incidental or consequential damages, including, without limitation, loss of profits or data, resulting from the use, or inability to use, of the Platform or the performance of products purchased through the Platform or the conduct of other Platform users (online or offline), or the participation in a DANY DRUG event or in the events of DANY DRUG partners, or any User Content or any other activity related to the use of the Platform, even if DANY DRUG has been informed of the possibility of such damage. If DANY DRUG is held liable to you for any damage or loss in any way related to your use of the Platform or any Content, DANY DRUG's liability will not exceed USD 100.00 or 100.00 EUR if you live in Europe, without prejudice to any applicable law. "
Article 11 (DISPUTES / ADDITIONAL CONDITIONS) : The first point of the paragraph entitled “CHOICE OF LAW / JURISDICTION” is deleted in its entirety.
EUROPEAN COUNTRIES
The following changes apply to all European countries except Austria , France , Germany, Italy , Poland and some Switzerland , which are subject to specific modifications to these conditions applicable to European countries.
Section 11 (LITIGATION / ADDITIONAL CONDITIONS): this section is amended as follows:
The subsection entitled “APPLICABLE LAW / COMPETENT JURISDICTION” is deleted in its entirety and replaced by the following (with the exception of the last point concerning complaints, which remains unchanged):
" APPLICABLE LAW / COMPETENT JURISDICTION
You agree that the Platform, the Conditions and any dispute between you and DANY DRUG shall be governed in all respects by Dutch law, without regard to the provisions of applicable law, and not by the United Nations Convention on Contracts for the International Sale of Goods .
Unless prohibited by law, and without limiting the rights granted to consumers, you agree that all disputes, claims and legal proceedings arising directly or indirectly from the Platform (including, but not limited to, the purchase of products DANY DRUG) are submitted exclusively to the competent courts of Amsterdam, the Netherlands. "
AUSTRIA
Section 11 (DISPUTES / ADDITIONAL CONDITIONS) : this section is replaced by the version for European countries below, except for the following text which is added at the end:
“All complaints must be presented within three (3) years of the formulation of the complaint. "
BELGIUM
Section 3 (POSTING CONTENT ON THE PLATFORM) : This section is amended as follows:
The first paragraph of the paragraph under the subsection entitled "LICENSE ON USER CONTENT" is deleted in its entirety and replaced by the following:
"You grant DANY DRUG a non-exclusive, perpetual license (or at least for the duration of the legal protection of intellectual property rights / image rights that may be included in the User Content), transferable, sublicensable, free of charge and for the worldwide to use any User Content that you post on or in connection with the Platform, including the image of any person appearing in the User Content, or any concepts or ideas included in the User Content, for any purpose, including commercial, promotional and operational, including the right to translate, display, reproduce, modify, create derivative works, sub-license, distribute and assign these rights. "
The subsection titled "LICENSE TO USE FEEDBACK, FEEDBACK AND IDEAS" is deleted in its entirety and replaced with the following:
" LICENSE TO USE FEEDBACK, FEEDBACK AND IDEAS . You grant DANY DRUG a perpetual license (or at least for the duration of the legal protection of intellectual property rights / image rights that may be included in the User Content), free of charge and for the whole world, to use any comments, feedback and ideas that you share with us, without notice, compensation or information to you, for any purpose whatsoever, including, but not limited to, the development, manufacture and marketing of products and services and the creation, modification or improvement of products and services. "
FRANCE
Section 5 (COPYRIGHT INFRINGEMENT) : The second paragraph of this section is deleted and replaced entirely by the following:
"If you consider that your work has been improperly copied on the Platform, to the point that it constitutes a violation of your intellectual property rights, please provide us with the following information:
(1) date of notification;
(2) if the complainant is a natural person: business name, first name, profession, address, nationality, place and date of birth;
(3) if the complainant is a legal person: name, corporate form, registered office and legal representative;
(4) name and address of recipient, or if it is a legal person, its business name and registered office;
(5) a description of the facts and the precise location;
(6) the grounds justifying that content is removed, including legal provisions, and evidence of the facts; and
(7) a copy of the correspondence addressed to the author or to the publisher of the content or of the disputed acts requiring their interruption, withdrawal or modification, or an explanation of the reasons why the author or the publisher has not could be contacted. "
Section 9 (INDEMNIFICATION / LIABILITY) : this section is amended as follows:
The subheading titled “Indemnification and Waiver” is deleted and replaced entirely with the following:
" INDEMNIFICATION . You agree to indemnify, defend and protect DANY DRUG, its subsidiaries, managers, officers, employees, agents, licensees and suppliers (hereinafter the “DANY DRUG Parties”) from and against any claim, loss, liability, expense, damage, and cost, including but not limited to advisory fees, arising in any way from your User Content, your use of the Platform, your behavior on the Platform or with other users of the Platform, or any violation of these Terms of Use, or any law or right of third parties.
The subsection entitled "LIMITATION OF LIABILITY" is entirely deleted.
Section 11 (DISPUTES / ADDITIONAL CONDITIONS) : the subsection entitled “APPLICABLE LAW / COMPETENT JURISDICTION” is deleted and replaced entirely by the following:
" APPLICABLE LAW / COMPETENT JURISDICTION
Nothing in this paragraph deprives you of the protection afforded to consumers by the public order rules of the country in which you live.
You agree that the Platform, the Conditions, the Privacy Policy, and any dispute between you and DANY DRUG are governed in all respects by Dutch law, excluding the provisions conferring jurisdiction, and not by the United Nations Convention. of 1980 on International Sales Contracts.
Subject to the imperative provisions of the applicable law, and without limitation to the rights of consumers, you accept that any dispute, any complaint, and any legal procedure resulting directly or indirectly from the Platform (in particular from the purchase of DANY DRUG products) either exclusively submitted to the competent courts of Amsterdam, the Netherlands.
In case of complaint, please let us contact . If you consider that your complaint is not being properly handled, you can - but are not obliged to - use the Online Dispute Resolution (ODR) platform, which you can access via the link http://ec.europa.eu/odr . In addition, you have the right to initiate a mediation procedure, by contacting the mediators as follows: Association of European mediators (197, Boulevard Saint-Germain, 75007 PARIS, telephone: 09 53 01 02 69), http://www.mediationconso-ame.com/ . The mediators will try to reach an amicable solution independently and impartially. In the event of mediation, each party is free to accept or reject the solution proposed by the mediator. "
GERMANY
Section 7 (DISCLAIMER OF LIABILITY) : this section is amended as follows:
The third paragraph in the summary box is deleted in its entirety and replaced by the following:
“DANY DRUG is not responsible for any damages (except those resulting from willful acts or wrongful negligence and personal injury of DANY DRUG) caused by your interactions with other users. DANY DRUG urges you to act responsibly and take care when interacting with people you don't know. "
The last paragraph of the paragraph of the subsection entitled "PHYSICAL ACTIVITY" is deleted in its entirety and replaced by the following:
"To the maximum extent permitted by applicable law, DANY DRUG is not liable for damages (except for willful acts or wrongful negligence and bodily injury caused by DANY DRUG) that you may suffer as a result of your use or your inability to use the Platform. "
The subsection entitled "DISCLAIMER OF WARRANTIES", including all of its paragraphs, is deleted in its entirety.
Section 9 (INDEMNIFICATION / LIMITATION OF LIABILITY) : this section is amended as follows:
The subsection entitled “INDEMNIFICATION AND WAIVER” is deleted in its entirety.
The subsection entitled "LIMITATION OF LIABILITY" is deleted in its entirety and replaced by the following:
“ LIMITATION OF LIABILITY . The liability of DANY DRUG and its affiliates, and their officers, directors, shareholders, employees and agents (the “Released Parties”) is limited to cases of willful misconduct or gross negligence. In the event of slight negligence, the Released Parties are only liable in the event of breach of an essential contractual obligation, the breach of which endangers the object of the contract or whose performance is required to achieve the object of the contract. and in the performance of which the consumer has confidence (called “essential obligations”). In this case, the liability is limited to the damage normally foreseeable. This limitation of liability does not apply to claims based on product liability law and for personal injury or death. "
Section 11 (DISPUTES / ADDITIONAL CONDITIONS) : this section is replaced by the version for European countries above, except for the following text which is added at the end:
“All complaints must be presented within two (2) years of the date of the complaint. "
HUNGARY
Introductory paragraphs : the second paragraph of the first section above entitled "Conditions of Sale" is amended by adding the following terms:
“These Conditions constitute a tacit agreement between you and DANY DRUG, in the event that they do not meet the requirements of a written agreement under Hungarian law. "
ITALY
Section 7 (DISCLAIMER OF LIABILITY) : this section is amended as follows:
The last paragraph of the subsection entitled "PHYSICAL ACTIVITY" is deleted in its entirety and replaced by the following:
"To the maximum extent permitted by applicable law, DANY DRUG is not responsible for any damages that you may suffer as a result of your use or of your inability to use the functionalities of the Platform, except in cases of fraud or gross negligence from DANY DRUG. "
The subsection entitled "INTERACTIONS BETWEEN USERS" is deleted in its entirety and replaced by the following:
“INTERACTIONS BETWEEN USERS. We are not responsible for your interactions with other users of the Platform or for any damage or harm you may suffer as a result of such interactions, except in cases of fraud or gross negligence on the part of DANY DRUG.
Be responsible and take precautions when interacting with other users (including users you do not know) on the Platform. Before meeting another person, find out about them, have a friend accompany you, choose a public place, and let someone know where you are meeting. DANY DRUG is under no obligation to participate in any dispute between users (but may do so at its discretion), except in cases of fraud or gross negligence on the part of DANY DRUG. "
Section 11 (DISPUTES / ADDITIONAL CONDITIONS) : the subsection entitled “APPLICABLE LAW / COMPETENT JURISDICTION” is deleted in its entirety and replaced by the following (with the exception of the last point concerning complaints, which remains unchanged):
" APPLICABLE LAW / COMPETENT JURISDICTION
You agree that the Platform, the Terms and any dispute between you and DANY DRUG will be governed in all respects by Dutch law, without regard to the provisions of applicable law, and not by the United Nations Convention on Contracts for the International Sale of 1980 merchandise, subject to the statutory provisions of applicable law which may apply regardless of any other choice of law.
Unless prohibited, and without limitation of consumer rights, you agree that all disputes, claims and legal proceedings arising directly or indirectly from the Platform (including, but not limited to, the purchase of DANY DRUG products) will be subject to exclusively to the courts of the place where you reside or be domiciled. "
POLAND
Section 11 (DISPUTES / ADDITIONAL CONDITIONS) : the subsection entitled “APPLICABLE LAW / COMPETENT JURISDICTION” is deleted in its entirety and replaced by the following (with the exception of the last paragraph concerning complaints, which remains unchanged):
"APPLICABLE LAW / COMPETENT JURISDICTION
The Platform, the Terms and any dispute between you and DANY DRUG will be governed in all aspects by Polish law.
All disputes, claims and legal proceedings arising directly or indirectly from or relating to the Platform (including, but not limited to, the purchase of DANY DRUG products) will be submitted to the competent courts under applicable laws. "
SWISS
Section 11 (DISPUTES / ADDITIONAL CONDITIONS) : the subsection entitled “APPLICABLE LAW / COMPETENT JURISDICTION” is deleted in its entirety and replaced by the following (with the exception of the last point concerning complaints, which remains unchanged):
" APPLICABLE LAW / COMPETENT JURISDICTION
You agree that the Platform, the Conditions and any dispute between you and DANY DRUG are governed in all their aspects by the laws of Switzerland, without taking into account the international rules of conflict of laws and to the exclusion of the United Nations Convention. on contracts for the international sale of goods from 1980.
You agree that all disputes arising directly or indirectly from or in connection with the Platform and these Terms of Use, are submitted exclusively to the competent courts of Zurich, Switzerland. "