ARTICLE 1: Purpose
The present "general terms of use" aim to provide a legal framework for the provision of services by the les-oiseaux site and their use by the "User".
The general terms of use must be accepted by any User wishing to access the site. They constitute the contract between the site and the User. Access to the site by the User signifies their acceptance of these general terms of use.
Optionally:
In case of non-acceptance of the general terms of use stipulated in this contract, the User must refrain from accessing the services offered by the site.
les-oiseaux reserves the right to unilaterally modify the content of these general terms of use at any time.
ARTICLE 2: Legal Notice
The les-oiseaux site is published by les-oiseaux, whose registered office is located at 12 rue de ribeauvillé 68200 Muhouse.
The host of the les-oiseaux site is the company Maromania SARL.
ARTICLE 3: Definitions
This clause aims to define the various essential terms of the contract:
- User: this term refers to any person who uses the site or one of the services offered by the site.
- User Content: this is the data transmitted by the User within the site.
- Member: the User becomes a member when identified on the site.
- Identifier and password: this is all the information necessary for the identification of a User on the site. The identifier and password allow the User to access services reserved for site members. The password is confidential.
ARTICLE 4: Access to Services
The site provides the User with free access to the following services: INFORMATION.
The site is accessible free of charge anywhere to any User with Internet access. All costs incurred by the User to access the service (computer hardware, software, Internet connection, etc.) are their responsibility.
As applicable:
A non-member User does not have access to services reserved for members. To do so, they must identify themselves using their identifier and password.
The site implements all means at its disposal to ensure quality access to its services. The obligation being one of means, the site does not commit to achieving this result.
Any event due to force majeure resulting in a network or server malfunction does not engage the liability of les-oiseaux.
Access to the site's services may at any time be interrupted, suspended, or modified without notice for maintenance or any other reason. The User undertakes not to claim any compensation following the interruption, suspension, or modification of this contract.
The User has the possibility to contact the site by email at contact@les-oiseaux.com.
ARTICLE 5: Intellectual Property
Trademarks, logos, signs, and any other content on the site are protected by the Intellectual Property Code and more particularly by copyright.
The User requests prior authorization from the site for any reproduction, publication, or copying of the various contents.
The User undertakes to use the site's content in a strictly private context. Use of the content for commercial purposes is strictly prohibited.
All content posted online by the User is their sole responsibility. The User undertakes not to post content that may harm the interests of third parties. Any legal action taken by an injured third party against the site will be borne by the User.
User content may be deleted or modified by the site at any time and for any reason. The User will not receive any justification or notification prior to the deletion or modification of User content.
ARTICLE 6: Personal Data
The information requested during registration on the site is necessary and mandatory for the creation of the User's account. In particular, the email address may be used by the site for the administration, management, and animation of the service.
The site ensures the User a collection and processing of personal information in respect of privacy in accordance with Law No. 78-17 of January 6, 1978, relating to data processing, files, and freedoms.
Under Articles 39 and 40 of the law dated January 6, 1978, the User has a right to access, rectify, delete, and oppose their personal data. The User exercises this right via:
- their personal space;
- a contact form;
- by email to contact@les-oiseaux.com;
- by post to 12 rue de ribeauvillé 68200 Muhouse.
ARTICLE 7: Liability and Force Majeure
The sources of information disseminated on the site are deemed reliable. However, the site reserves the right not to guarantee the reliability of the sources. The information given on the site is purely for informational purposes. Thus, the User alone assumes full responsibility for the use of the information and content of this site.
The User must ensure their password is kept secret. Any disclosure of the password, in any form, is prohibited.
The User assumes the risks associated with the use of their identifier and password. The site declines all responsibility.
Any use of the service by the User directly or indirectly resulting in damages must be subject to compensation for the benefit of the site.
Optimal security and confidentiality of transmitted data are not guaranteed by the site. However, the site undertakes to implement all necessary means to best guarantee the security and confidentiality of data.
The site's liability cannot be engaged in case of force majeure or the unforeseeable and insurmountable act of a third party.
ARTICLE 8: Hypertext Links
Many outgoing hypertext links are present on the site; however, the web pages to which these links lead do not in any way engage the responsibility of les-oiseaux, which has no control over these links.
The User therefore refrains from engaging the site's liability concerning the content and resources related to these outgoing hypertext links.
ARTICLE 9: Evolution of the Contract
The site reserves the right to modify the clauses stipulated in this contract at any time.
ARTICLE 10: Duration
The duration of this contract is indefinite. The contract takes effect with respect to the User from the use of the service.
ARTICLE 11: Applicable Law and Competent Jurisdiction
French legislation applies to this contract. In the absence of an amicable resolution of a dispute arising between the parties, only the courts [within the jurisdiction of the Court of Appeal of the city of Muhouse] are competent.
Optionally
ARTICLE 12: Publication by the User
The site allows members to publish [comments / personal works].
In their publications, the member undertakes to respect the rules of Netiquette and the laws in force.
The site exercises moderation [a priori / a posteriori] on publications and reserves the right to refuse their publication online, without having to justify it to the member.
The member remains the owner of all their intellectual property rights. But by publishing on the site, they grant the publishing company the non-exclusive and free right to represent, reproduce, adapt, modify, broadcast, and distribute their publication, directly or by an authorized third party, worldwide, on any medium (digital or physical), for the duration of the intellectual property. The Member notably grants the right to use their publication on the internet and on mobile phone networks.
The publishing company undertakes to display the member's name near each use of their publication.