Welcome to Le Guine Noir (LGN). Our (“Le Guide Noir”, "We", "Us", “Our”, “the Site”) website is located at www.leguidenoir.com. These Terms of Service contain the terms and conditions that govern all use of our Site and Services and all content, services and/or products available on or through the Site.
From time to time, we may modify or amend the Terms. If we do so, we will post any such modifications or changes in the Service. If you continue to use the Service following such a posting, you accept any such change or modification.
We wish to remind you that you are solely responsible for any material or content that you post in the Service, regardless of the manner in which you post it. Similarly, your use of, or reliance on, any material or content posted in the Service is at your own risk.
We will not, under any circumstance, be liable in any way for any content, including, but not limited to, any errors or omissions in any material or content, or any loss or damage of any kind that you incur as a result of your use of, or your acting in reliance on, any material or content posted, e-mailed, transmitted, or otherwise made available in the Service.
We may, but have no obligation to:
- Monitor or moderate any material or content posted in the Service;
- Remove any material or content from the Service; and
- Restrict access to any part of the Service at any time in our sole discretion and without advance notice.
The Service is intended solely for persons who are sixteen (16) years of age or older. Any access to or use of the Service by anyone under sixteen (16) is expressly prohibited. By accessing or using the Service you represent and warrant that you are 18 or older or, if younger than sixteen (16), are at least sixteen (16) or older and have a parent’s or guardian’s permission to access or use the Service. By using the Service, you represent and warrant that you will use the Service in compliance with any and all applicable laws and regulations.
In order to use certain portions or functionalities of the Service, you are required to register with the Service. When becoming a registered user of the Service you must provide the required registration information, including a username and a password. You may also use your Facebook account to sign up to the Service. We reserve the right to deny a user the ability to create a user account if the registration information provided is incomplete or otherwise inadequate. Also, your registration as a user of the Service is void where prohibited by law. Usernames and passwords are user-specific and should not be given to third parties. You are responsible for the use of the Service with your user account. You must protect any passwords or other credentials associated with your account for the Service, and take full responsibility for any use of the account under your password. If your username or password becomes compromised, you must inform us of this as soon as possible in order to limit your liability.
These Terms confer only the right to use the Service, while these Terms and the specified license(s) are in effect and they do not convey any rights of ownership in or to the Service. All right, title and interest, including without limitation any copyright, patent, trade secret or other intellectual property right in the Service will remain our sole property. Any services provided to you under these Terms, and other data or materials that are prepared in the performance of such services hereunder, and all right, title and interest in the foregoing, will belong to us.
The Service contains links to websites owned and/or operated by third parties. You may be able to access, review, display or use third party services, resources, content or information via the Service. In particular, the blogs that you may follow by using the Service are owned and/or operated by third parties and this section IV applies to the blogs that users may follow in the Service. Such links to third party websites and content are provided for informational purposes only. We are not responsible for any such third party websites and do not have control over any materials or content made available therein. Our inclusion of a link to a third party website in the Service does not in any way imply our endorsement, advertising, or promotion of such websites or any materials or content made available therein. By accessing a third party website you accept that we do not exercise any control over such websites or their content. We have no responsibility of the content of any third-party website, and you acknowledge and agree that we have no liability to you or any third party for any harm, injuries or losses suffered as a result of your access to, reliance on or use of such third party websites or their content. We encourage you to familiarize yourself with the terms of service applicable to any third-party website you may access. You acknowledge sole responsibility for and assume all risk arising from your access to, use of or reliance upon any third party websites and any materials or content made available therein.
You further acknowledge that we do not undertake or assume any duty to monitor the Service for inappropriate or unlawful content and do not make any promises to remove third party materials or User Content (as defined in section VI (“User Postings”) below) from being accessed through the Service. Notwithstanding the foregoing, we reserve the right to remove third party content or User Content any time in our sole discretion.
We respect the intellectual property rights of others. We will respond expeditiously to claims of copyright infringement using guidelines and procedures set forth in Section 512 of the Digital Millennium Copyright Act of 1998 ("DMCA"). If you see any material on the Service that in your good faith belief may infringe someone's copyright, you may notify us by e-mailing us at firstname.lastname@example.org or by using the “Contact support” functionality available in the Service and by inserting "Copyright" in the subject line. In order for it to be effective, your notice, also known as a takedown notice, must include the following information:
- The identity of the original copyrighted work that you claim is infringed or - if your notice covers multiple copyrighted works - you may provide a representative list of the copyrighted works that you claim have been infringed;
- A sufficiently detailed description of the content on the Service that you claim infringes the copyrighted work;
- Your contact information, including your full name, mailing address, telephone number, and email address, if available;
- A statement that you believe in good faith that the use of the allegedly infringing content on the Service is not authorized by the copyright owner, its agent, or the law; and
- This statement: "I swear, under penalty of perjury, that the information in this notification and complaint is accurate and that I am the copyright owner, or am authorized to act on behalf of the copyright owner of an exclusive right that is infringed"; and
- A physical or electronic signature of the copyright holder or a person authorized to act on their behalf.
Moreover, if you believe your work was erroneously removed due to an incorrect claim of copyright ownership, you may provide us a written counter notice. When we receive your counter notice, we may, in our discretion, reinstate the material in question in not less than 10 nor more than 14 days after we receive the counter notice unless we first receive notice from the original complaining party who filed the infringement notice that they have filed a legal action to restrain the allegedly infringing activity. To provide a counter notice to us, you may email us at email@example.com. Please note that if you provide a counter notice, in accordance with the terms of the DMCA, the counter notice will be given to the original complaining party that filed the infringement notice. To be effective, a counter notice must contain substantially all of the following information:
- Identification of the material that has been removed or to which access has been disabled in the Service and the location at which the material appeared before it was removed or access to it was disabled.
- Your name, address, telephone number and, if available, email address.
- Include both of the following statements in the body of the Notice: "I hereby state under penalty of perjury that I have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled. "I hereby state that I consent to the jurisdiction of the Federal District Court for the judicial district in which my address is located or, if my address is outside of the United States, for any judicial district in which [Le Guide Noir] may be found, and I will accept service of process from the complaining party who notified [Le Guide Noir] of the alleged infringement or an agent of such person."
- Provide your full legal name and your electronic or physical signature.
You are solely responsible for any content, such as comments, that you post in the Service, or transmit to other users of the Service ("User Content"). You will not post on the Service, or transmit to other users of the Service, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will not provide inaccurate, misleading or false information to us or to any other registered user of the Service. If information provided to us, or another registered user of the Service, subsequently becomes inaccurate, misleading or false, you will promptly notify us of such change.
We may, in our sole discretion and without notice, review and delete any User Content.
You acknowledge and agree that all User Content whether publicly posted or privately transmitted to the Service is at your sole responsibility. We disclaim any responsibility for the backup and/or retention of any User Content transmitted to the Service. If you transmit User Content to the Service, you understand and agree that such User Content may be reproduced, distributed, publicly performed and publicly displayed on the Service for the purpose of providing the Service.
The following types of User Content are examples of User Content that is prohibited in the Service:
- User Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- Harassing User Content;
- "Junk mail," "chain letters," or "spam"; User Content that promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; and User Content of commercial nature without authorization from us. If you see any material on the Service that in your good faith belief is offensive, hateful, harassing or that you otherwise think is prohibited, you may notify us by using the report function of the Service. For instruction on how to report intellectual property issues, please see section V (“Copyright Infringement”) above.
The list below contains examples of behaviors that are prohibited in the Service:
- Impersonating another person or entity;
- Stalking and other types of harassment;
- Not reveal any personal data related to another individual, including, but not limited to, a person's address, phone number, e-mail address, or any information that may otherwise be used to track, contact, or impersonate another individual;
- Not utilize a username that is the name of another person and intending to impersonate that person; and
- Not provide any false personal data to us or create any user account for anyone other than yourself without such person's permission.
You are solely responsible for your interactions with other users of the Service. You understand that we do not in any way screen the users of the Service. You agree to take reasonable precautions in all interactions with other users of the Service, particularly if you decide to disclose personal information to other users.
Please be reminded that you must protect any passwords or other credentials associated with your account for the Service, and take full responsibility for any use of the account under your password.
(I) The Service is Available "AS-IS"
Your access to and use of the Service is at your own risk. You understand and agree that the Service is provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, OUR AFFILIATES AND WE DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Service or any content thereon. We will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Service. Moreover, you agree that we do not have responsibility or liability for the deletion of, or the failure to store or to transmit, any material or content and other communications maintained in the Service. We make no warranty that the Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the Service or our representatives, will create any warranty not expressly made herein.
(III) Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, LOSS OF ANTICIPATED SAVINGS; ACCRUED BUT WASTED EXPENDITURE; COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (III) ANY CONTENT OBTAINED FROM THE SERVICE; AND (IV) UNAUTHORIZED ACCESS, USE OR ALTERATION OF ANY MATERIAL OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE. IN SOME JURISDICTIONS THE APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
You agree to indemnify and hold us harmless from any claim or demand, including attorneys' fees, made by any third party due to or arising out of your breach of these Terms, or your violation of any law or the rights of a third party. Nothing in these Terms shall be deemed to exclude or limit your liability in respect of any indemnity given by you under these Terms.
(V) Waiver and Severability
Our failure to exercise any rights under these Terms shall not constitute or be deemed a waiver or forfeiture of such rights or a waiver or forfeiture of such rights in the future. In the event that any provision of these Terms is held to be invalid or unenforceable by a court or tribunal of competent jurisdiction for any reason, the remaining provisions of these Terms will remain in full force and effect.
(VI) Governing Law and Resolution of Disputes
The laws of Spain, without regard to or application of its conflict of law provisions, will govern these Terms and any claim, cause of action or dispute arising out of or relating to these Terms will be brought solely in the courts of Madrid, Spain. You hereby consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
The Service is operated and provided by Le Guide Noir. If you have any questions about these Terms, please contact us at firstname.lastname@example.org
We reserve the right to discontinue offering the Service or to modify the Service at any time in our sole discretion and without notice. Notwithstanding anything contained in these Terms to the contrary, we may also, in our sole discretion, terminate or suspend your access to the Service and/or your user account at any time.
We collect information about visitors to our Sites, employees of our customers and users of our customer’s social media pages / properties. Such information is collected about you, including personal information, from the following sources:
Information We Collect Directly from You: The type of information that we collect directly from you varies based on your interaction with our Site and our Service. We collect information directly from you when you register an account with us, use the “Sign In with Facebook” or similar button on our website, liaise with us on a customer service issue, complete an application or other forms on the Site and/or software. We also collect information that you send us via any medium, including, but not limited to email, telephone, as well as social media interactions like your social media handle.
We also may collect any personal data concerning you or any third party that you have chosen to make accessible to general public, e.g. through Facebook APIs or YouTube APIs, on various social networks or anywhere else on the internet.
For purposes of analysis and improvement of our Services, our servers may automatically record information when you visit our website or use some of our Services, including URL, IP address, Browser type and language; and Date and time of your request.
Information We Receive from Customers: We may receive information from customers in order to provide our Service. Such information may include a user’s social media handle, username, profile, biography and messages or communications with our customers. We collect information from individuals employed by our customers such as their contact information in order to provide our Service.
When you visit our Site or use our Service, we collect certain information automatically from your device.
Specifically, the information we collect automatically may include information like your IP address, device type, unique device identification numbers, browser-type, broad geographic location. If you are a client of Le Guide Noir, we may also collect information about how your device has interacted with our Site, including the pages accessed and links clicked, or Service, including content accessed.
We may place a "cookie" on the hard drive of the device that you use to access the Service. Cookies are text files that are saved on the hard drive of your device by means of your browser, enabling us to recognize your browser for purposes such as automatically authenticating you and logging you into the Service, saving your preferences and directing relevant content to you. Most of the currently available browsers give you the option of managing cookies by, for example, disabling them entirely, accepting them individually, and deleting saved cookies from your hard drive. We would like to remind you that if you completely disable cookies on your browser, you might not be able to use some features of the Service.
We may also place tracking pixels in the Service. A tracking pixel is a transparent graphic image that is placed on a web page and, in combination with a cookie, allows for the collection of information regarding the use of the web page that contains the tracking pixel.
We use API keys of third-party software to authenticate the user to us.
Google Analytics is an element of the Service. By using cookies, Google Analytics collects and stores data such as time of visit, pages visited, time spent on each page of the website, the Internet Protocol address, and the type of operating system used in the devices used to access the Service. By using a browser plugin http://www.google.com/ads/preferences/plugin provided by Google, you can opt out of Google Analytics.
LGN processes your personal information for the following purposes:
- Operate and improve the Site and Service;
- Provide users or customers with the Service and other products and services that a user or customer may request or that a user or customer has expressed interest in;
- Facilitate subscription processing, reviews and analysis;
- Evaluate user interest and needs in order to improve the Service and make available other offers, products or services;
- Evaluate the types of offers, products or services we make available to users or customers and potential users or customers;
- Monitor use of the Service;
- For verification purposes (such as determining free trial eligibility);
- Provide customer support;
- Communicate and provide additional information that may be of interest to users through email or other means, such as special offers, announcements, and marketing materials;
- Send you reminders, technical notices, updates, security alerts and support and administrative messages, service bulletins, or marketing;
We may send you various newsletters or communications which may include, for instance, details about the Services and their features, including newsletters containing special offers in which you may be interested. We may also send you invitation to events that we organize such as Engage. For these purposes, we may share your contact details with our vendors or business partners who provide services or functions on our behalf, including event organization, marketing, distribution of surveys or sweepstakes programs, payment processing, customer service, or public relations. These third-party vendors have access to and may collect information only as needed to perform their functions on our behalf and are not permitted to share or use the information for any other purpose.
Your marketing communication preferences may be changed at any time by following the instructions below:
If you would like to unsubscribe from an email sent to you, follow the ‘unsubscribe’ link and/or instructions placed at the bottom of the email.
Alternatively, you can contact us using the details in the “Contact Us” section below to change your marketing communication preferences.
Please note that we may occasionally send you important information (including via email) about our Services that you are using or have used including changes to applicable terms and conditions and/or other communications or notifications as may be required to fulfil our legal and contractual obligations.
These important Service communications are not affected by your marketing communication preferences.
We may disclose your information, including personal information, to the following categories of recipients:
We do not share personal information with third parties for their own marketing purposes.
In certain situations, we may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
In order to manage our operations, we may cooperate with third parties and transfer selected data to such third parties. Currently, third parties to whom data relating to you and your use of the Services may be transferred, and the purposes of such transfers include:
You have the following data protection rights:
If you wish to access, correct, update or request erasure of your personal information, you can do so at any time by emailing us at email@example.com . Note that if you submit a request to delete your personal information, this may prohibit you using the Site and/or Service.
In addition, if you are a resident of the European Union, you can object to processing of your personal information, ask us to restrict processing of your personal information or request portability of your personal information. Again, you can exercise these rights by contacting us at firstname.lastname@example.org. Note that if you submit such a request, this may prohibit you using the Site and/or Service.
You have the right to opt-out of marketing communications we send you at any time. You can exercise this right by clicking on the “unsubscribe” link in the marketing emails we send you.
Similarly, if we have collected and processed your personal information with your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your personal information conducted in reliance on lawful processing grounds other than consent.
You have the right to complain to a data protection authority about our collection and use of your personal information. For more information, please contact your local data protection authority.
We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws. Where we process your personal information solely on behalf of a customer, we may be legally required to forward your request directly to our customer and social media business partners for their review / handling.
Our Site and/or Service utilizes various appropriate technical and organizational security measures, which include, but are not limited to, network and host security controls (e.g., firewalls, intrusion detection systems, etc.), data encryption (both at rest and during transmission), and operating procedures that are designed to protect your personal information. You should protect your user ID and password and NOT share it with anyone. Additionally, enabling two-step verification, where available, is also recommended. If you believe your user ID and password have been compromised or you have trouble changing your user ID/password on the Site or Service, please contact our technical support department (email@example.com).
We have implemented and will maintain appropriate technical and organizational measures, internal controls, and information security routines in accordance with good industry practice while keeping in mind the state of technological development in order to protect your data against accidental loss, destruction, alteration, unauthorized disclosure or access or unlawful destruction. Such measures may include, without limitation, taking reasonable steps to ensure the reliability of employees having access to your data and providing for limited access rights and access controls; authentication; personnel training; regular back up; data recovery and incident management procedures; restrictions on storing, printing and disposal of personal data; software protection of devices on which personal data are stored; etc. Upon request, we will provide further details about the measures implemented by us and our data service providers.
Data collected from you may be transferred to, and stored and processed in, the European Union or any other country in which Le Guide Noir, its affiliates, subcontractors, suppliers or other third party vendors maintain facilities. While we reserve the right to change our business partners and /or data locations, when we transfer any personal data to the USA or any other country outside the EU or EEA in which LGN, its affiliates, subcontractors, suppliers or vendors maintain facilities, we will implement such appropriate legal mechanism as are required by EU law to ensure an adequate level of personal data protection by such third parties receiving your personal data (for example, European Commission’s Standard Contractual Clauses).
In addition to our current vendors listed in Section 3, the production data from our Services are currently transferred to and stored and processed by Amazon Web Services, Inc., 410 Terry Avenue, Seattle, WA 98109 (“AWS”). LGN has signed the controller-to-processor Standard Contractual Clauses approved by the European Commission (2010/87/EU) to ensure regulatory compliance for data transfers from Europe to the USA. The specific AWS Data Processing Addendum incorporating these model clauses has been approved and validated on EU level by Article 29 Working Party in 2015 as ensuring an adequate level of protection.
See https://aws.amazon.com/es/compliance/eu-data-protection/ for more details.
Your data may be accessed by LGN’s’ subsidiaries and affiliates for the purposes of providing the Services to you. Currently, LGN’s subsidiaries, affiliates and activity hubs are described here.
In some circumstances we may store your Personal Information for longer periods of time, for example (i) where we are required to do so in accordance with legal, regulatory, tax or accounting requirements, or (ii) for us to have an accurate record of your dealings with us in the event of any complaints or challenges, or (iii) if we reasonably believe there is a prospect of litigation relating to your Personal Information or dealings.
Your personal information may be transferred to, and processed in, countries other than the country in which you are resident. These countries may have data protection laws that are different to the laws of your country.
Specifically, our servers are located in the E.U., and our group companies and third party service providers and partners operate around the world. This means that when we collect your personal information we may process it in any of these countries.
The Service is not intended for users younger than sixteen (16) years of age. We do not collect any personal data from children under sixteen (16) years of age.
In compliance with the General Data Protection Regulation (GDPR), we commit to resolve complaints about your privacy and our collection or use of your personal information We will work to resolve your issue and will respond within thirty (30) days of receipt.
If your complaint cannot be resolved through the above channel, you may contact the Spanish Protection Data Agency located on Jorge Juan 6, 28001 Madrid with the following telephone number 91-266-3517.