Terms and conditions

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Terms and conditions of use

Definition of terms

In these General Terms and Conditions of Use, the following terms shall have the meanings set out below:

Application: the Pile&Face application, available on the Apple App Store and the Google Play Store.

EVALUTION, a simplified joint stock company with capital of 7500 euros, registered with the Versailles Trade and Companies Register under number 445 059 041, and owner and sole operator of the Pile&Face Application.

CGU: the present General Terms of Use.

Member: person registered on the Application.

Female Members: female members registered on the Application.

Male Members: a male member whose marital status is registered on the Application.

Map : map used to find the Monuments, Museums, Exhibitions and Leisure activities presented.

“Hide”: action symbolized by a thumbs-down to express lack of interest in a Member. This action is secret and is not notified. Hidden” profiles will not appear in the future.

“Invite”: action symbolized by a thumbs-up to express interest. This action remains secret and unnotified unless the “Invite” profile invites the first profile in return.

Match: an event between two profiles, triggered by a Like from each. It shows mutual interest and triggers a notification (“You have a Match”) that opens a discussion.

Messages: only Members who have had a Match can initiate the “Chat” action in the Application, and send each other Messages. Messages are visible in the messaging system, which can be accessed from the bottom right-hand icon on the home page.

Account: personal space dedicated to the Member on the Application, accessed by registering and logging on to the Application. It enables the Member to access the Services. A Member may have only one Account.

Facebook Connect: feature enabling Members to use their Facebook account to identify themselves on the Application in order to simplify the registration process.

Google Connect: feature that allows Members to use their Google account to identify themselves on the Application in order to simplify the registration process.

Article 1: Scope of application

The GCU define the rights and obligations of the parties in the context of the use of the Application. They form the basis of a contractual relationship between the Member and Pile & Face.

1.1 Conflicting standards

The present General Terms of Use (GTU) define the main rules of use of the Application in order to guide the Member more precisely in handling the Application. In the event of a conflict between different policies resulting in a lack of accessibility, intelligibility and/or predictability of the rules, the present GTU shall take precedence over any other document.

1.2 Autonomy of stipulations

In the event that one of the stipulations of the present GCU is declared null and void or inapplicable by a law, regulation or decision of a competent court, only that stipulation will be set aside, while the other stipulations will retain their validity and force, unless it can be imagined that the present GCU would be distorted or that this would lead to a significant imbalance in the obligations of the parties.

Article 2: Modification of the GCU

2.1 Update

Pile & Face reserves the right, at any time and unilaterally, to complete or modify these GCU in any way it deems necessary, or to terminate the Services.

The Member will be informed of any updates to the GCU via the Application or by e-mail.

It is the Member’s responsibility to read the GTUs carefully when they are updated, and to take full cognizance of any changes resulting therefrom.

The fact that the Member continues to use the Application’s Services after the GTUs have been updated implies unreserved acceptance of the modifications made to the GTUs.

In the event of disagreement with the modifications to the GCU, the Member may terminate the Services and delete his/her Account in accordance with article 15.3.

2.2 Immediate application

Any new version of the GCU will be immediately applicable to Members.

Article 3: Applicable law and settlement of disputes

3.1 Applicable law

These GCU are governed by French substantive law, to the exclusion of all conflict of laws rules.

3.2 Settlement of disputes

In the event of a dispute, the Member undertakes, prior to any other judicial or extra-judicial action, to contact Pile & Face directly in writing (by e-mail or by post, to the e-mail or postal address given in article 16 of the GCU) in order to attempt to resolve the dispute amicably.

In the event of failure, the Member is informed that he/she may choose to have recourse free of charge to mediation and may present any complaints on the dispute resolution platform put on line by the European Commission at the following address: http://ec.europa.eu/consumers/odr/.

Any dispute or litigation relating to the formation, interpretation, performance or termination of the present Terms and Conditions or in connection with the present Terms and Conditions which cannot be resolved amicably shall be submitted to the competent courts of Paris (France).

Article 4 : Registration

4.1 How to download the Application

The Application is available free of charge on the usual legal download platforms.

4.2 Member’s right to registration

When the conditions necessary for Member status are met, Pile & Face assigns to the Member, on a personal basis, an Account containing :

  • A profile sheet describing his or her artistic tastes
  • A mailbox
  • A “notifications” option

A Member may have only one Account.

4.3 Member obligations at registration

Members must be at least 18 years of age.

Registration is carried out via two alternative methods:

  • Via Facebook Connect or Google Connect: the social network allows Pile & Face to use only Email and password (encrypted). Consequently, the Member must verify the authenticity of his/her information on Facebook or Google prior to registering for the Services.
  • Via the application interface, by entering Email and password. In this case, no information about the Member can be automatically retrieved, and it is the Member’s responsibility to provide information about him/herself, such as pseudonym, gender, and other additional information, in particular about his/her artistic preferences, and to provide one or more photos of him/herself when registering.

The e-mail addresses used by Pile & Face for authentication are obviously never shared or visible.

At the time of registration, the Member agrees to these GCU and to the Privacy Policy and undertakes to respect the obligations incumbent upon him/her, in particular those mentioned in the Member’s Code of Conduct defined in article 8 of these GCU.

Article 5 : Services and functionalities

5.1 Purpose of Services

The purpose of Pile & Face is to provide information about cultural venues and events. The site owner endeavors to provide information in the Pile & Face application that is as accurate as possible. However, it cannot be held responsible for any omissions, inaccuracies or failure to update information, whether due to its own fault or that of third-party partners who supply it. All information provided on Pile & Face is given for information purposes only, is not exhaustive, and is subject to change.

The Application also provides Pile & Face Members with a friendly environment in which to choose a cultural visit, and offers the optional possibility of making contact with other Members, with the aim of establishing virtual or real encounters for personal and leisure purposes around French cultural sites. Each Member is free to discuss and establish relationships with other Members in compliance with these GTUs and the law.

Under no circumstances may the Services offered by Pile & Face be assimilated to marriage counseling or brokerage activities. Their sole purpose is to facilitate meetings, via the Application, between Members who have a mutual interest in cultural outings.

5.2 Member Services

Certain Pile & Face Services are available from the Application free of charge (excluding connection and telecommunication costs) to the Member who undertakes to comply with these GCU:

  • Access to the description of all museums in the database
  • Access to the description of all French historic monuments
  • Access to the description of all the exhibitions on offer.
  • Configure your search preferences.
  • Access suggested cultural venues and events based on members’ tastes.
  • Send confidential Likes.
  • Send/receive messages in the event of a Match.
  • View other members’ profiles.
  • Hide an unlimited number of profiles.
  • To confidentially block all Members whose behavior justifies this choice.
  • Report in confidence all Members whose behavior violates the GCU or applicable law.
  • Receive notifications.
  • Complete its profile, in compliance with these GTU.

Article 6: Protection of personal data

Pile & Face attaches great importance to protecting your personal data and respecting your privacy. We invite you to consult our Privacy Policy to find out how we handle your personal data, available at the end of this document.

Article 7: Obligations and liability of Pile & Face

7.1 Technical means and security

Pile & Face undertakes to provide the infrastructure and technical means required to supply a quality service to Members equipped with an iPhone terminal running the iOS 8 operating system or higher or an Android smartphone using version 5 or higher.

Pile & Face cannot be held responsible for any malfunction of the Member’s terminal or for any compatibility problem between the Application and the terminal.

In addition, all measures are taken to minimize the risk of fraudulent access to the Pile & Face system. In this respect, Pile & Face uses firewalls and equipment located between the Internet and a company’s private network to increase the security of the latter by filtering traffic coming from or going to the Internet. However, it is impossible to guarantee absolute network security.

Pile & Face is not responsible for any breakdowns, interruptions or malfunctioning of the services of the Member’s Internet service provider, nor for any cause external to Pile & Face that may interrupt or damage access to the Pile & Face services.

Members must ensure that they have a secure e-mail address. In spite of or following the omission of these precautions, and although this probability is low, the Member’s Account may fall victim to fraud.

Pile & Face also draws the Member’s attention to any exceptional risk of receiving unwanted messages or messages purporting to be from Pile & Face. The Member must be attentive and vigilant in order not to become a victim of fraud and warns Pile & Face, if necessary, by sending a letter or an e-mail to the address given in article 16 hereof.

7.2 Illegal behaviour

Pile & Face and its partners cannot be held responsible in any way whatsoever for illegal actions liable to civil or criminal penalties, committed by its Members, including but not limited to:

  • All types of fraud
  • All commercial or professional activities
  • Prostitution
  • Identity theft
  • Infringement of third-party intellectual property rights,
  • Infringement of personality rights, such as image rights and the right to privacy.

7.3 Community reporting and moderation system

Pile & Face , in its capacity as host, is under no legal obligation to monitor the content transmitted or stored via the Application pursuant to article 6.I-7° of the French Law for Confidence in the Digital Economy of June 21, 2004.

However, article 6.I-3° of the same law requires Pile & Face, in its capacity as host, to provide a notification system for illicit, abusive and prejudicial content.

In this case, after verification by Customer Service, Pile & Face undertakes to promptly remove said content.

Pursuant to article 6.I-5 of the LCEN: knowledge of a litigious content is presumed acquired when the host is notified:

  • the date of notification
  • the identity of the sender of the content
  • A description of the disputed facts (with the possibility of attaching screenshots of the disputed content)
  • The reasons why the content must be removed.

Pile & Face has therefore equipped the Application with a community moderation system enabling Members to report content covered by article 6. I-7 of the LCEN if it constitutes, in particular, an apology for crimes against humanity, incitement to commit acts of terrorism and their apology, incitement to racial hatred, hatred against persons on the grounds of their sex, sexual orientation or identity, or their handicap, as well as, in particular, child pornography, incitement to violence, incitement to violence against women, and offences against human dignity.

When the content published by a Member is the subject of such a report, the Member at the origin of the publication of this content is likely to see its membership terminated, under the conditions set out in article 15.4 hereof, on the basis of the evidence provided by the sender of the report, in order to ensure the removal of the contentious content in accordance with Pile & Face’s legal obligations. Under no circumstances will Pile & Face be informed of the identity of the Member at the origin of the report.

Outside the framework of this reporting procedure, Members have the option of blocking another Member whose behavior does not comply with the rules of etiquette in order to prevent any communication with that Member. This action is confidential and allows Members to control which Members they wish to maintain contact with. It is impossible to unblock a person in order to be able to contact them again.

These reporting systems are accessible and operational:

  • Bottom right of the Member’s profile photo

The reporting procedure implemented by Pile & Face in no way replaces a possible complaint or legal action against the Member at the origin of the reported litigious content.

Any abuse of the reporting system (unfounded reporting carried out in bad faith) will also be considered a violation of these GCU and may result in the suspension/termination of the Account of the Member having committed such abuse, in accordance with article 15.4 of the GCU, in addition to the application of penal sanctions in accordance with article 6.I-4 of the LCEN and legal proceedings giving rise to compensation for damages to the victims.

7.4 Rules of caution

The Member is solely responsible for verifying the identity of persons with whom he/she may organize a “real” meeting. Pile & Face cannot be held responsible in the event of an incident of any nature whatsoever during a “real” meeting.

7.5 Group events

It is strictly forbidden to plan or organize a public demonstration using the Application. Should such a meeting take place, Pile & Face may not be held liable for any disturbance of the peace or for any damage resulting from such meetings.

Article 8: Member’s code of conduct

8.1 Obligation of loyalty and honesty on registration

In order to acquire the status of Member, it is necessary to meet all the following conditions:

  • Have reached the age of majority under French law (18 years of age).
  • To have filled in the information sincerely and truthfully, either on their Facebook profile or directly on the Application in the case of registration via an e-mail address. At the same time, the Member undertakes to provide a valid e-mail address and to have read and accepted these GCU by validating his/her registration.

Pile & Face has neither the legal obligation nor the technical means to verify the identity of Members. However, in the event of doubt, the presence of suspicious elements or a report from a third party via the “report” function leading to the presumption of identity theft or the mention of fictitious or erroneous information, Pile & Face will carry out an investigation as soon as possible and may rectify, if necessary, the information communicated without altering the Member’s profile.

For the duration of the investigation, Pile & Face reserves the right to suspend the suspect Member’s Account and access to the Application and to carry out the necessary checks. The Member will be informed of the suspension of his or her Account by e-mail sent to the address he or she has provided, in accordance with article 15.4 hereof.

The Member undertakes to hold one and only one account. Failing this, Pile & Face may terminate subsequent accounts, under the conditions described in article 15.4 hereof.

8.2 Obligation of honesty and loyalty during use

To remain a Member, you must comply with all the following conditions:

  • Be honest and sincere in your declarations.
  • To put online only photos and/or profile information that can easily be recognized by the Member, to the exclusion of photos and/or information showing third parties or elements that have no connection with the person of the Member, so that Pile & Face reserves the right to delete at its discretion any photo and/or profile that does not meet these conditions.
  • Not to post any confidential information about others, such as financial data.
  • Not to publish pornographic content or photos on the Application, or content or photos that offend human decency or dignity.
  • To respect the private nature of content and messages exchanged with other Members within the Application, and consequently not to divulge the content of these messages to third parties.
  • Not to infringe regulations relating to intellectual property and personality rights.
  • Not to disturb public order.
  • Not to commit an offence of defamation and, more generally, not to use offensive language, particularly of a racial or discriminatory nature.
  • To comply with all applicable laws and regulations.
  • Not to incite violence or racial hatred, or glorify terrorism, war crimes or crimes against humanity.
  • Not to infringe the rules of decorum and remain correct towards other Members.
  • Not to interfere in any way whatsoever with the normal operation of the Services or the Application’s infrastructure.
  • Not to use robots or tools other than those made available by Pile & Face within the Application when making contact with others.
  • Not to use the Application to organize professional services (escort or similar services).
  • Not to solicit other Members for the purpose of promoting paid products or services.
  • Not to divulge login details to other Members.
  • Not to advertise or encourage the use of any other service, competitor or otherwise, and not to commit any act of unfair competition.
  • Not to use the Application to organize rallies or demonstrations.

In addition, the Member shall refrain from copying and/or distributing and/or transferring any technical data intercepted on the network in connection with the Pile & Face Application.

8.3 Personal use

The Member undertakes to use the Application solely for personal purposes. The Pile & Face network may not be used for commercial, promotional, electoral or recruitment purposes. The sending of messages for marketing and/or commercial purposes and/or newsletters via the messaging system of the Application which include, in particular, but not exhaustively, content, indications or hypertext links referring to sites or media of third-party companies, and in particular competitors of Pile & Face , is formally prohibited.

8.4 Member responsibility

Members are solely responsible for their actions and the data they publish via the Application.

In the event that Pile & Face is held liable for the Member’s failure to comply with its obligations, the Member shall hold Pile & Face harmless against any judgment against it arising from the Member’s infringement of the law or these GCU.

The Member may report illicit content infringing laws and regulations or the present GCU using the reporting tools provided by the Application in accordance with article 7.3 of the present GCU.

8.5 Photos

All photos of a pornographic, exhibitionist or indecent nature, and in general contrary to moral standards, are strictly prohibited. Publication of such photos constitutes serious misconduct, which may result in termination of the Member’s Account, without prejudice to any other sanctions that may be imposed by the courts.

8.6 Real encounters

Pile & Face warns Members who wish to make “real” encounters. It is entirely the responsibility of Members to verify the identity of the persons with whom they organize these meetings. These “real” meetings are organized independently of Pile & Face, under the sole responsibility of the Members. Pile & Face may not be held liable for any acts or incidents, of whatever nature, committed or caused by Members and/or former Members during events taking place as a result of using the Application. In this respect, the Pile & Face messaging system voluntarily presents the advantage, again with the aim of preserving the peace and security of its Members, of allowing them to decide who will be authorized to chat with them.

Concerning the persons with whom the Member has agreed to exchange Messages, it is strongly recommended not to reveal personal information that does not appear on the Application profile, such as telephone number, address or surname. For security reasons, Pile & Face strongly advises that real-life encounters only take place in busy public places, or that you tell someone close to you and only reveal your contact details after a reasonable period of time.

8.7 Account management

The Member will be kept informed, inter alia, of information relating to his or her Services and of any changes and updates made by e-mail to the Member’s e-mail address obtained via Facebook Connect or directly provided by the Member at the time of registration.

Members can access their Account Services by logging on to the Application using a confidential login and password. The Member is solely responsible for his/her login information and must ensure that no third party can access it.

8.8 Equipment

The equipment (hardware or software) required to access the Services and all other related costs, including telecommunication costs, are the sole responsibility of the Member. The Member is solely responsible for the equipment used in connection with the Service.

Article 9: Communication with the Member

9.1 Push notifications

The Member may receive notifications via the Application in order to be informed of important events, including but not limited to the following

  • An invitation received from another Member
  • A Message received from another Member
  • A Message from Pile & Face relating to the Member’s Account and/or Services.

The Member may, from his or her Account, set his or her notification preferences.

9.2 Advertising and promotional messages

Pile & Face is free to display, within the framework of the execution of the contract and via the Application, advertising and/or promotional messages from advertisers and other partners.

Article 10: Intellectual property

10.1 Trademark rights

The Pile & Face brand is the exclusive property of EVALUTION SAS. EVALUTION SAS is the owner of all related rights. The Pile & Face trademark has been registered with various national and international offices, including the World Intellectual Property Organization, and has been registered by the French National Property Institute.

Any reproduction and/or use and/or partial or total affixing and/or modification and/or deletion of the trademark and related rights such as, by way of illustration and not exhaustively, the slogan and logo proposed by the Application, by any process whatsoever, in any form whatsoever, on any medium whatsoever and by any media whatsoever, is strictly prohibited without the prior express written authorization of Pile & Face and is liable to prosecution.

The trademark is protected by articles L.713-1 et seq. of the French Intellectual Property Code, currently in force throughout the world.

10.2 Copyright prerogatives

The original works offered by Pile & Face are the exclusive property of Pile & Face.

These original works are protected by articles L.335-3 et seq. of the French Intellectual Property Code currently in force in France, for the entire world.

10.3 Licensing

The rights of use granted by Pile & Face to the Member are reserved for private and personal use. Any other use by the Member is prohibited without the express, written and prior authorization of Pile & Face.

The Member grants Pile & Face and its partners a free, non-exclusive, worldwide and perpetual license to use, reproduce, represent, modify and translate any intellectual property elements (texts, photos, videos, etc.) that the Member may provide to Pile & Face via the Application. This license will be used by Pile & Face within the limits of respect for image rights, the right to privacy and the protection of the user’s personal data, without distorting the authenticity of the Member’s profile and remaining consistent with his or her profile. This license authorizes Pile & Face to make these elements compatible with its technical performance or the formats of the media concerned. These rights are granted worldwide for the entire duration of the execution of these GCU between the Member and Pile & Face.

The Member remains the owner of the content and personal data he/she provides.

The Member guarantees Pile & Face against any legal action, recourse or sentence pronounced against it originating in the violation by the Member of any intellectual property rights or personality rights of third parties. The Member indemnifies Pile & Face against any claims or damages such as, but not limited to, claims for compensation which may result therefrom.

Article 11: Counterfeiting, unfair competition and parasitism

It is formally prohibited to design a product similar to the Application or to create a derivative thereof, and more generally to be guilty of parasitism, acts of imitation, denigration or any other act constituting unfair competition or acts of counterfeiting. If necessary, Pile & Face reserves the right to summon the Member in order to obtain full compensation for the prejudice caused by the Member.

In addition, the Member may be subject to severe legal penalties if it succeeds or attempts to license or sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to third parties the Services or the Application in any way.

Article 12: Termination of contract

12.1 Deletion of the Account by the Member

The Member may, at any time, delete his or her Account without notice via the Application.

Upon deletion of the profile :

  • The Member’s profile will be made invisible to other Members.
  • There is no impact on the legal obligation to retain data.
  • The Member’s data will be kept for a period of 1 year from this date, particularly with regard to the legal obligations incumbent on Pile & Face, in accordance with the procedures set out in article 9 of the Privacy Policy, and will then be permanently deleted at the end of this period.

12.2 Uninstallation of the Application by the Member

Members may uninstall the Application from their cell phone at any time without notice. Consequently, the Member will no longer be able to access the Application unless he/she downloads it again.

When uninstalling the Application :

  • The Member’s profile will be made invisible to other Members.
  • There is no impact on the legal obligation to retain data.
  • In the event of reactivation of the Account within a period of 1 year from the closure of the Account, the data retained will be reassigned to its profile and the profile will become visible again.

12.3 Suspension / Termination of Account by Pile & Face in the event of a Member’s breach of the GCU

In the event of a Member’s breach of the GCU, his or her Account may be suspended at any time as a precautionary measure and then terminated by Pile & Face as of right.

Pile & Face may suspend the Member’s Account for the time required for verification by Pile & Face’s customer service department following a report in accordance with article 7.3 hereof or in the event of an alleged breach of the GCU that can be remedied.

The Member whose Account is suspended will be informed by Pile & Face of this decision by sending a notification on the Application and/or by e-mail. The Member is invited to contact Pile & Face customer service by e-mail in order to obtain further information on the reasons for the suspension of his or her Account, to make any observations and/or to provide proof that the breach has been remedied.

If the Member has not contacted Pile & Face’s customer service within 30 days of notification of the suspension of the Account, or if the elements provided by the Member to the customer service have not made it possible to remedy the breach, Pile & Face may notify the Member of the termination of his or her Account via the Application and/or by e-mail and inform the Member of the period during which he or she will not be able to re-register for the Application. Unless otherwise specified, this period is set at 1 year from the date of notification of termination of the Account.

Upon termination of the Account :

  • The Member’s profile will be made invisible to other Members.

The Member will not be able to re-open an Account for a maximum period of 1 year from notification of termination of the Account.

12.5 Termination of inactive Accounts by Pile & Face

Pile & Face deletes inactive Accounts, as defined below.

An Account is considered inactive if, for a continuous period of 1 year, the following two cumulative criteria are met:

  • The Member’s Application has not established contact with the Pile & Face servers (notably due to the deactivation of the geolocation option) and ;
  • The Member has not used the Application.

The Member will be informed by e-mail, to the address given in the Application, of the deletion of his or her Account with 8 days’ notice.

The Member may, at any time during the notice period, reactivate his or her Account, which will have the effect of suspending the termination procedure. All profile content will then be retained by the Member.

At the end of this notice period, and in the absence of any response from the Member, the Account will be automatically deleted by Pile & Face .

Upon deletion of the Account :

  • The Member’s profile will be made invisible to other Members.
  • The Member’s data will be kept for 1 year from this date, in particular with regard to the legal obligations incumbent on Pile & Face, in accordance with the procedures set out in article 9 of the Privacy Policy, and will then be permanently deleted at the end of this period.

The Member may not reactivate or request the reactivation of his/her former Account.

Article 13 : Contact

EVALUTION can be contacted by mail at 131 boulevard Carnot, 78110 Le Vésinet, France.

The Member may also contact Pile & Face by e-mail at the following address: info@evalution.fr

Article 14: Confidentiality clause

Neither Pile & Face nor the Member are authorized to divulge information about the contract binding them in the event of a dispute, and each of the parties undertakes to respect a confidentiality clause which obliges it to prefer confidential negotiation in the event of a dispute.

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