Terms of Use

1. Object

These Terms of Use (the "TOU") set out the terms and conditions that apply when you register and use the platform provided by Black Elephant, SAS registered in the Paris Trade and Companies Register under number 914 690 102, whose registered office is located at 18, rue Rambuteau, 75003 Paris (hereinafter "Black Elephant"). This platform (hereinafter "the Platform") is accessible at www.blackelephant.app. Before using the Platform, you must expressly agree to the TOU. You cannot register on the Platform or use its features without accepting the TOU. The TOU constitute a contract between you and Black Elephant. These terms and conditions are supplemented by the Black Elephant Privacy Policy, which relates to the processing of your personal data, and the General Terms and Conditions of Sale applicable to the paid services of Black Elephant. To terminate this agreement, we invite you to delete your account on the Platform.

2. Access and use of the Platform

2.1 Access to the Platform

The Platform is accessible at www.blackelephant.app. Access to the website requires an internet connection and a device that can browse the internet. Black Elephant will make every effort to keep the Platform accessible and performing without undue delay or difficulty. However, Black Elephant cannot guarantee that the Platform will be accessible without interruption or disturbance. In order to improve the functionality of the Platform and related services, Black Elephant may carry out maintenance, updates, or the integration of new developments. Furthermore, Black Elephant cannot guarantee an uninterrupted operation of the Internet. You are solely responsible for setting up and maintaining the device and telecommunication resources necessary to access the Platform, and any related costs, such as the price of an Internet connection, are at your sole expense. Black Elephant would like to draw your attention to the fact that the internet is not perfectly secure. It is therefore your responsibility to take all appropriate measures to protect your data, software, and devices.

2.2 Registration

To create a personal account and thus register on the Platform, you must fill in the registration form that can be found at www.blackelephant.app. In particular, you must fill in all the fields indicated by an asterisk (*) or by a "required field" indication. The other fields are optional. You must then submit your registration by clicking on the button provided for this purpose. When the form has free fields, you guarantee that the information entered:
(i) does not contain any untruthful, denigrating or defamatory content, or any content inciting to hatred, constituting an apology of terrorism and/or unlawful harassment of any moral and/or physical person, in accordance with the French Law of July 29, 1881 on the freedom of the press and the Law of June 24, 2020 aimed at fighting against hateful content on the Internet; and
(ii) does not infringe on the privacy or image of third parties, including the rights of individuals relating to their personal data, in accordance with Regulation No. 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and the French Law on Information Technology and Freedoms. By registering on the Platform, you warrant that you have the capacity to enter into a contract with Black Elephant. In particular, you warrant that you are over 18 years of age. You can only have one Black Elephant account. By registering, you guarantee that you do not already have an account on the Platform and that you are registered under your real name. Any registration that does not comply with these conditions may result in the suspension or deletion of the account by Black Elephant.

2.3 Use of the Platform

Black Elephant accounts are personal. By accepting the TOU, you agree:

  • To use a strong password and keep it secret.
  • Not to share your account with another person.
  • Not to transfer any part of your account to a third party.

You also agree to comply with the law when using the Platform and the Black Elephant services, as well as throughout the parades. The Black Elephant Platform allows you to:

  • Search for people and add them to your contact list.
  • View the profiles of other users.
  • Organize parades and invite other users.
  • Be invited to parades by other users.
  • Message people you have met on a parade.

By agreeing to these TOU, you agree:
(i) Not to use the Platform and related services for fraudulent or ill-intentioned purposes, including but not limited to causing harm.
(ii) Not to voluntarily disrupt the operation of the Platform and related services.
(iii) Not to use the Platform and related services by misappropriating or impersonating any other person or entity.

3. Use of your data by Black Elephant

Black Elephant uses your data for the sole purpose of operating the Platform and providing the related services. Black Elephant does not pass on your data to third parties, with the exception of its suppliers participating in the provision of the services. For more information on how Black Elephant processes your personal data, please see our Privacy Policy.

4. Selection algorithm

In order to organize the parades and to ensure the quality of these parades by guaranteeing a diversity of participants, Black Elephant randomly designates for each parade participants among its users. The criteria determining selection are education, occupation, age, gender, declared location. Please note that not all of these criteria are equally weighted in the selection algorithm. For example, when you organize a parade as a host using the Platform tools, two participants will be selected to attend your parade. Conversely, as a Platform user, you may be selected to attend a parade organized by a host who is not one of your contacts. You are free to attend the parade or not. If you wish to contest the selection of participants by the algorithm or your own selection, you can contact Black Elephant at info@blcklphnt.com. Your request will be handled by a Black Elephant operator.

5. Reports, suspension or deletion of accounts

5.1 Report

Any user of the Platform can report another user whose behavior violates the law or does not comply with these TOU (see point 2.3) by email to info@blcklphnt.com.

5.2 Suspension and deletion of accounts

When a user is reported or when Black Elephant identifies unlawful behavior or behavior contrary to these TOU by a user, Black Elephant reserves the right to suspend or delete the user's account, after reviewing the situation and depending on the severity of the acts committed. Black Elephant will inform the user of its decision by email. This email will state the facts that have been reported or identified by Black Elephant as illegal or contrary to the TOU, the nature of the sanction (deletion or suspension of account), the grounds for the decision and the possibility for the user to contest the decision. The user has a period of one month from the receipt of the email to contest the decision by return email or by post. If the user does not respond or if Black Elephant maintains its decision, the user’s account will be suspended or deleted. Any deletion of an account is final.

6. Termination

You may terminate these TOU at any time by deleting your account on the Platform. Any deletion of an account is final. If you do not use your account for more than two years, Black Elephant will automatically delete the account. This deletion will be considered as a termination of the contract between you and Black Elephant. The deletion of your account for any other reason (duplicate account, penalty...) will result in the termination of these TOU.

7. Intellectual Property

Black Elephant is and remains the sole owner of all intellectual property rights, such as trademarks, copyrights, design rights, patent rights and/or sui generis rights, related to the Platform, including all logos, texts, images, data, domain names, code and algorithms integrated into or appearing on the Platform, subject to any intellectual property rights of its providers related to the services provided by them. No assignment or grant of intellectual property rights of Black Elephant shall result from these TOU. You hereby agree not to infringe these rights, whether directly or indirectly. The Platform is likely to contain elements (in particular images) representing whole or part of the image of a physical person. Consequently, any use of these elements (in particular reproduction, communication, downloading, modification, translation, etc.), in whole or part, requires the written and preliminary agreement of Black Elephant and/or the concerned person, except where authorized by law.

8. No warranty

Black Elephant does not offer any guarantee for the Platform and the related services, including the service levels. The Platform is provided as is. The Platform is also subject to constant development. For this reason, Black Elephant reserves the right to modify the Platform at any time and to carry out any update, implementation of new developments or maintenance which may prove necessary. These operations can lead to the modification or the temporary suspension of the services available on the Platform or of certain functionalities of the Platform.

9. Responsibility

Black Elephant is not responsible for any loss of profits or business opportunity, damage to reputation or any indirect, incidental, consequential, special or punitive damages that may result from the use of the Platform or related services. In addition, Black Elephant cannot be held responsible for any damage caused by the non-fulfillment, partial or total, of the present TOU where the non-fulfillment results from the fault of the User, from an unforeseeable and insurmountable act of a third party or from an event of force majeure.

10. Miscellaneous

In the event that any provision of the TOU is held to be invalid, void or unenforceable by virtue of any law, regulation or court decision having the force of res judicata, the remaining provisions shall remain in effect. The fact of not availing oneself of any of the provisions of the TOU shall not be interpreted as a waiver of the right to avail oneself of said provision at a later date.

11. Applicable Law and Dispute Resolution

These TOU are subject to French law, as well as any dispute relating to their formation, negotiation, conclusion, interpretation, execution, validity, termination and/or all their consequences. However, if you are a consumer, you can benefit from the protections afforded to you by the national laws of the country in which you have your habitual residence which cannot be waived by agreement. For any dispute relating to the formation, negotiation, conclusion, interpretation, execution, validity, termination and/or any consequences of these TOU, jurisdiction is granted to the courts of Paris, notwithstanding a plurality of defendants or the introduction of third parties, even for conservatory proceedings, summary proceedings or by petition.

12. Modification

These TOU may be modified by Black Elephant at any time. Black Elephant will notify you of any changes to the TOU by email. The changes do not have a retroactive effect. If you object to any of these changes, you may close your account at any time and thereby terminate your contractual relationship with Black Elephant. If you continue to use the Platform and the services of Black Elephant after a change in the TOU, such actions will constitute acceptance of the change.

Last updated March 20, 2024