ARTICLE 1 : Purpose
The purpose of these general conditions of use is to provide a legal framework for the services provided by the www.FishFriender.com website and the FishFriender application and their use by the “User”.
The general conditions of use must be accepted by an User wishing to access the services. They constitute the contract between the site and the User. The access to the services by the User signifies its acceptance of the present general conditions of use.
• In the event of non-acceptance of the general conditions of use stipulated on the present contract, the User must relinquish access to the services offered by FishFriender.
• FishFriender reserves the right to modify unilaterally and at any time the content of the General conditions of use.
ARTICLE 2 : Legal notices
The edition of the FishFriender website is provided by the company Halieuticom, SAS with a capital of 33.330 € whose registered office is located at 113 boulevard Beaumarchais, 75003 PARIS.
The Director of the publication is Mr. Grégory Tordjeman.
The FishFriender website is hosted by Heroku, Inc. headquartered at 650 7th Street San Francisco, CA 94103. Contact: https://www.heroku.com/contact ou +33 1 (877) 563-4311). Heroku has highly secured Data-Centers with high security guarantees and complies with the legislation on personal data. To learn more about security enforcement : https://www.heroku.com/policy/security.
ARTICLE 3 : Definitions
The purpose of this clause is to define the various essential terms of the contract :
• User : this term refers to any person who uses the website or one of the services offered by the site
• User Content : this is the data transmitted by the User within the website or application
• Member: the User becomes a member when he is identified on the website or application
• Identifier and password: this is all the information necessary to identify an User on the service. The username and the password allow the User to access services reserved for the members of the site. The password is confidential.
ARTICLE 4: Services Access
The site allows free access for the User to the following services:
• Sharing of fishing experiences;
• Mobile fishing log with recording of catch and equipment used, geolocation and calculation of climatic conditions;
• Forecasts of fishing trips;
• Publications and sharing of multimedia content;
• Connecting people;
- Publication of comments;
• Referencing of private and outdoors equipment and actors in the sport fishing sector, direct or indirect
• Exchange of good tips and advises on equipment, tackles, and all actors of the sport fishing sector, direct or indirect
The website is accessible free of charge to any User with Internet access. All costs incurred by the User in accessing the service (hardware, software, Internet connection, etc.) shall be borne by the User.
Depending on the case:
The Non-Member User does not have access to member services. To do this, he must identify with username and password.
The website uses all means at its disposal to ensure quality access to its services. The obligation being means, the website does not commit to achieve this result.
Any event due to a case of force majeure resulting in malfunction of the network or the server does not incur the responsibility of FishFriender.
Access to the portal’s services may be interrupted, suspended, changed at any time without prior notice for maintenance or in any other case. The User undertakes not to claim any compensation following the interruption, suspension or modification of the present contract. The User has the possibility to contact the website by e-mail to the address [email protected].
ARTICLE 5 : Intellectual Property
The trademarks, logos, signs and any other content of the site are protected by the Code of the intellectual property and more particularly by the copyright.
The User requests the prior authorization of the site for any reproduction, publication, copy of the different contents.
The User agrees to use the contents of the site in a strictly private setting. Use of the content for commercial purposes is strictly prohibited.
Any content posted by the User is the sole responsibility of the User. The User undertakes not to put on-line content that may harm the interests of third parties. Any legal action brought by an injured third party against FishFriender will be borne by the User.
The content of the User may be at any time and for any reason deleted or modified by FishFriender. The User will be notified of the deletion or modification of the User content.
The User is prohibited from diverting the service from its purpose, in particular by accessing data on which it has no right of access, downloading illicit data or infringing the rights of third parties, or using the service for illicit purposes, the list being not exhaustive.
In such cases, FishFriender will not be held liable for the damaging consequences of such a misuse of purpose of the service.
ARTICLE 6 : Personal Data
The information requested on the service registration is necessary and mandatory for the creation of the User’s account. In particular, the e-mail address may be used by FishFriender for the administration, management and animation of the service.
FishFriender ensures to the User a collection and processing of personal information in the respect of privacy according to law n°78-17 of 6 janvier 1978 related to data processing, files and freedoms. FishFriender is declared to the CNIL under number 1950506.
The User acknowledges the right of FishFriender to use its data for statistical purposes and, if they have been made anonymous, to transfer or transfer to third parties the corresponding statistical results.
Pursuant to sections 39 and 40 of the Act dated January 6, 1978, the User has the right to access, rectify, delete and oppose his/her personal data.
The User exercises this right via :
• his personal account ;
• a contact form ;
• by email to [email protected] ;
• by post at 113 boulevard Beaumarchais, 75003 Paris.
ARTICLE 7 : Liability and force majeure
The sources of information disseminated on the site are deemed reliable. However, the site reserves the possibility of a non-guarantee of the reliability of the sources. The information given on the site is purely informative. Thus, the User assumes sole responsibility for the use of the information and contents of this site.
The User makes sure to keep his password secret. Any disclosure of the password, regardless of its form, is prohibited.
The User assumes the risks associated with the use of his username and password. FishFriender declines all responsibility.
Any use of the service by the User which directly or indirectly results in damage must be compensated in favor of FishFriender.
An optimal guarantee of the security and the confidentiality of the data transmitted is not assured by FishFriender. However, FishFriender undertakes to use all necessary means to guarantee the security and confidentiality of the data.
The liability of FishFriender cannot be committed in case of force majeure or the unpredictable and insurmountable fact of a third party.
ARTICLE 8 : Hypertext links and references
Many hypertext links are present on the service, however the web pages where these links lead are in no way the responsibility of FishFriender who does not have control of these links.
The User is therefore forbidden to engage the responsibility of FishFriender regarding the content and resources relating to these outgoing hypertext links.
On the other hand, many products belonging to trademarks are referenced on the site FishFriender and the application to facilitate the use of certain features. Brands wishing to withdraw referencing of their products and / or their image will be able to request it and their request will be treated as soon as possible.
ARTICLE 9 : Development of the contract
FishFriender reserves the right at any time to modify the clauses stipulated in this contract, if it deems it necessary and useful, in particular in order to adapt them to changes in its operation, and / or changes in legislation and / or the evolutions of the services offered.
In any case, any use of the Service by the User following a modification of the General Conditions of Use will constitute acceptance of the new Terms and Conditions by the User.
ARTICLE 10 : Term / Termination
The duration of this contract is indefinite. The contract shall have effect for the User as of the use of the service.
The User may resiliate his account at any time by sending an e-mail to the following address: [email protected] FishFriender will then cancel his space within 10 working days of receiving the cancellation e-mail.
ARTICLE 11 : Applicable Law and Jurisdiction
French law applies to this contract. In the absence of an amicable resolution of a dispute between the parties, only the courts of the jurisdiction of the city of Paris are competent.
ARTICLE 12 : Publication by the User
The site allows members to post comments and personal experiences.
In its publications, the member undertakes to respect the rules of the Netiquette and the rules of law in force, and prohibits any offensive or racist language.
The site exercises a posteriori moderation on the publications and reserves the right to refuse or suppress posts, without having to justify it with the member.
The member retains full intellectual property rights. However, by publishing a publication on the site, it shall assign to the publisher the non-exclusive and free right to represent, reproduce, adapt, modify, distribute and distribute its publication, directly or by an authorized third party, worldwide Support (digital or physical), for the duration of the intellectual property. In particular, the Member yields the right to use its publication on the Internet and on mobile telephone networks.
The publishing company agrees to include the name of the member near each use of its publication.
« FishFriender » is a trademark of « Halieuticom SAS » company