Terms of Service
GENERAL TERMS AND CONDITIONS FOR USING THE IPHONE® OUIRUN APP, THE ANDROID® OUIRUN APPLICATION AND THE WWW.OUIRUN.COM WEBSITE
This contract (hereinafter the “Agreement”) constitutes the general conditions of use between you as sole natural person or entity (hereinafter “the User”) and the publisher of the SAS OUISPORTS application, domiciled on 29 , allée du Bord de l’Eau, 75016 Paris.
The application will be hereinafter referred to as “OUIRUN”, its usual name.
It is represented by Mr HOUYVET Olivier, in his capacity as President of SAS OUISPORTS.
The Agreement is applicable to the iPhone® OUIRUN application and this includes, where applicable, updates thereof (hereinafter “the Application”) and exclusively for use in the conditions and the destination described herein. -only on an iPhone® mobile phone with an iPhone OS® operating system for which the User is the sole proprietor (hereinafter “the iPhone”) and for personal purposes, not-for-profit, direct or indirect, and in the context of private use.
The Agreement is applicable to the Android® OUIRUN application and this includes, where applicable, updates to it (hereinafter “the Application”) and exclusively for use in the conditions and destination described herein. -only on an Android® mobile phone with a proprietary Android OS® operating system (hereinafter “the Android”) and for personal, non-profit direct or indirect in the context of private use.
ARTICLE 1 – DEFINITIONS
The terms that will be defined below will have the following meaning:
“TOS”: means the Terms Of Service which govern the use of the mobile application OUIRUN and the website www.OUIRUN.com.
“Application” means the mobile application designed, developed and operated by OUIRUN that is downloadable on the iPhone and Android mobile application stores: “App Store” and “Google Play”
« Website”: means the website designed, developed and operated by OUIRUN and whose url address is the following: www.OUIRUN.com
“User”: refers to anyone using the OUIRUN service via the mobile application.
“OUIRUN”: refers to all the functionalities of the Application made available to users.
“User account” means the account created by the user at the first opening of the application, and necessary to enable the service.
“Content” means the data made available by OUIRUN via the application.
ARTICLE 2 – OBJECT
The present constitute, at 01/01/2017 the General Conditions of Use of the OUIRUN Application.
They apply to the exclusion of all other conditions.
However, they can be modified.
The applicable conditions are then those in effect on the Application on the date of registration and then on its Use.
Accordingly, the User is invited to consult the Application regularly to keep abreast of the latest developments.
ARTICLE 3 – ACCESS TO OUIRUN
To use OUIRUN in its completeness, the User must complete his registration. The User will be solely responsible for the consequences of the use of the Content until it is deactivated by the User.
ARTICLE 4 – MODIFICATION OF THE APPLICATION
OUIRUN reserves the right at any time to modify or discontinue the Application temporarily or permanently without notice.
ARTICLE 5 – OBLIGATIONS OF THE USER
The user must be at least 18 years old and complete all mandatory fields on the registration form.
The user guarantees that the data he communicates are accurate and comply with the regulations in force.
Any entry of false, inaccurate, undiscounted or incomplete information or a username or pseudo containing terms, abusive, defamatory, violent, obscene or more generally unsuitable terms, is forbidden may result in the closure of the user account.
More generally OUIRUN reserves the right to suspend or delete the account of a malicious user or in case of violation of these terms, use or violation of legal or regulatory provisions.
In particular, users who usurp the identity of a third party or who intend to post comments under the identity of a third party will be deleted.
Failure to fulfill the obligations thus defined constitutes a serious breach.
ARTICLE 6 – CONDITIONS OF USE
The User declares, guarantees and agrees to:
-Not use the Application for professional, commercial, lucrative (advertising, prospecting, etc.) or non-private purposes.
– Respect the intellectual property rights related to the content provided by OUIRUN and other users.
– Do not post, indicate or disseminate in any form whatsoever that information or content consistent with reality.
– Not to hold or make comments or disseminate in any form any material violating the rights of others or defamatory, abusive, obscene, offensive, violent or inciting to violence, political, racist or xenophobic and so general any content contrary to the purpose of the Services, laws and regulations in force, rights person or morality.
– Do not post, indicate, or disseminate in any form whatsoever information or content that has the effect of diminishing, disrupting, preventing the normal use of OUIRUN to interrupt and / or slow down the normal flow of communications between users through the application, such as software, viruses, logic bombs, massive mailing, etc. OUIRUN reserves the right to delete messages that are sent massively by a user in order to maintain a quality of normal use of the application with other users.
– Be solely responsible for the use of the data provided by the application.
– Do not use the Application for solicitation or prostitution.
– Use the Application only for lawful purposes under the terms and conditions of this Agreement and without infringing the rights of third parties or of OUIRUN.
– Use the Application only for private purposes.
– The user recognizes that the messages that he will send via the application are under his sole responsibility.
– OUIRUN can not be held responsible for the compensation of direct and indirect damages suffered by the User due in particular directly or indirectly misuse and / or improper use of the Application.
OUIRUN can not be held responsible for the compensation of direct and indirect damages suffered by the User due in particular directly or indirectly misuse and / or improper use of the Application.
OUIRUN declines any responsibility concerning the meetings or any other activities between the Users following the use of the Application. The User acknowledges that it is his sole responsibility to decide whether or not to contact other Users.
OUIRUN declines any responsibility in the event of an accident of any type (fall, accident, aggression, attack, robbery, fire, etc.) within the framework of the meetings between the Users of the Application and the running sessions organized on the Website and Application.
In addition, OUIRUN can not be held liable if, for reasons beyond its control, the Application has been partially or completely inaccessible, unavailable, interrupted or of poor quality, in particular OUIRUN can not be held responsible for any act or omission a third party intervening in any capacity whatsoever in the provision of the Application (mobile phone operator for example). The User acknowledges that OUIRUN has no obligation to provide support services and update the Application.
ARTICLE 7 – PRIVACY
OUIRUN undertakes that the collection and processing of data of a directly or indirectly personal nature, made from the Application, shall be carried out in accordance with the French law called “Informatique et Libertés” n ° 78-17 of 6 January 1978.
The User has a right to oppose the processing by OUIRUN of his personal data, a right to access, modify, rectify and delete personal data concerning him.
The user agrees to comply with all laws relating to the protection of personal data and respect for privacy when using the application.
The user may at any time ask the publisher to erase information about him, to transmit or not to use them for commercial purposes, by making the request via the “contact” section of the application or by any other means.
ARTICLE 8 – RESPONSIBILITIES
The user acknowledges having knowledge of the constraints and limitations of the Internet and mobile Internet. In these conditions :
– It is the responsibility of the user, as for any user or owner of mobile phone, to protect his technical equipment including any form of contamination by viruses and / or attempted intrusion, OUIRUN can not under any circumstances be held for responsible.
– The User is solely responsible for the installation, operation and maintenance of his technical equipment necessary to use the Application. Under no circumstances can OUIRUN be held responsible if the application proves to be incompatible or has malfunctions with certain equipment of the user.
– The User is solely responsible for the use he makes of the application and can not hold OUIRUN responsible for any claim and / or procedure against him. He agrees to make his personal case any claim and / or procedure against OUIRUN and that would be related to his personal use.
– Lastly, OUIRUN can not be held liable for non-compliance with the laws of a foreign country.
Links may link to other applications, websites or other social networks. The responsibility of OUIRUN can not be engaged in the case where the content of said other applications, websites or social networks would violate the rights of third parties and more generally the legal or regulatory provisions in force.
ARTICLE 9 – MODIFICATION OF THE APPLICATION
OUIRUN reserves the right to make any changes and improvements it deems necessary or useful to its Application and will not be liable for damages of any kind that may arise from this fact.
ARTICLE 10 – AVAILABILITY OF SERVICE
The application is accessible by the User 24 hours a day, 7 days a week and all year long. OUIRUN nevertheless reserves the right, without notice or compensation, to temporarily or permanently close the access and will not be liable for damages of any kind that may arise from this fact.
ARTICLE 11 – USE RESTRICTIONS
The application OUIRUN is reserved for the adults or the minors having a parental authorization allowing them to use the application.
The application is reserved for people who have subscribed to all conditions of use of their mobile phone, their mobile operator and the associated marketplace broadcasting the Application.
ARTICLE 12 – ACCESS TO SERVICE
The User will be solely responsible for the consequences of the use of the application until it is deactivated by the User.
ARTICLE 13 – TARIFF
The application is free to download and fully functional.
ARTICLE 14 – INTELLECTUAL PROPERTY
14.1 Content distributed by the publisher,
The brands (including OUIRUN), logos, graphics, photographs, animations, videos and texts contained on the Website and in the Services are the property of the publisher, and may not be reproduced, used or represented without the express permission of the publisher or its partners, under pain of prosecution.
The rights of use granted by the publisher to the user are reserved for private and personal use within the framework and for the duration of the subscription to the Services. Any other use by the user is prohibited without the permission of the publisher.
The user agrees not to modify, copy, reproduce, download, broadcast, transmit, commercially exploit and / or distribute in any way the Services, the pages of the Website, or the computer codes of the elements composing the Services and the Website.
14.2 Content disseminated by users
The user grants the publisher a license to use the intellectual property rights attached to the content provided by the user as part of their use of the Services. This license includes the right for the publisher to reproduce, represent, adapt, translate, scan, use for the purposes of the Services or sublicense the contents concerning the user (information, images, description, search criteria, etc.). ), on all or part of the Services (on the Websites, by e-mail) and / or in the publisher’s mailings and in general on all electronic communication media (e-mail, SMS, MMS, WAP, Internet ) as part of the Services.
ARTICLE 15 – APPLICABLE LAW – JURISDICTION
This agreement is subject to French law.