Article 1 – Preamble and Purpose
The mobile application LESECHAPPEESINSPIREES (hereinafter the “Application”) is published by Communauté de Communes Porte de DrômArdèche and created by EASY MOUNTAIN company(SIRET: 802 843 227) (hereinafter the “Publisher”). It is designed for individuals wishing to practice mountain hiking as leisure, to the exclusion of any professional use (hereinafter the “Users”).
These General Terms of Service are intended to govern relations between the Publisher and Users using the Application.
The User acknowledges, prior to downloading the Application of these terms of service.
Downloading and installing the application on his phone by the User implies acceptance without reservation of these general conditions of service, as defined below, accept and respect them.
Article 2 – Prerequisites
The Application is compatible with : I Phone 4 and following, I Os 6 and following .
In any event, the User remains responsible for its IT environment and the compatibility of its equipment with the Application.
Download and account creation:
Downloading the application is free. It is done from the Apple Store.
The User must register by entering their personal data in the registration form to access all the functionalities of the application. User data have already created their account on the Site will be automatically downloaded to the application, the user can view and / or edit them from the Application.
When creating an account, the user is prompted for a password. This password is the guarantee of confidentiality of information contained in personal space and therefore the User agrees not to transmit or communicate it to third parties. Otherwise, the Publisher can not be held responsible for unauthorized access to the account of a User.
Right of withdrawal:
Pursuant to Article L.121-18 of the Consumer Code, the User has a right of withdrawal for a period of seven days after its inclusion in the application without having to justify reasons or pay penalties.
However, in accordance with Article L.121-20 1 of the Code, it is recalled that the right of withdrawal may be exercised for contracts to supply services where performance has begun, with the agreement the consumer before the end of the period of seven days.
This will happen every time the user has downloaded the application on his mobile phone.
Deleting the Application:
The user is free to remove the Application by uninstalling the phone at any time, at no cost.
Article 3 – Description of the functionality of the Application
Services available for the free version of the application:
The application provides access to a number of courses for free.
The user can follow a GPS track and view information from a geotagged course.
Services available from the course fee:
Users may also download course fee giving access to the GPS track of the route, to maps, to geolocated information on the course known at the time of the download (points of interest, entertainment content, photographs of the course, practical information ..).
It will also have access to the weather forecast and weather alerts ….
He will have access to information in case of technical difficulties. It will be informed of the quality of the GSM network to each point of interest statement.
Users can record in the Application memories of his trip: photographs, voice notes or written … and can share his journey with book knowledge via social networks.
After the hike, the user evaluates the path he did.
Users will benefit from free updates automatically route. However, content and frequency are in no case guaranteed.
Services available from the site:
Users may also access certain services from the Website in addition to those suggested on the Application including purchasing a route, view / manage his race book, display / search routes.
Users are warned that some features require 3G: weather alerts, tracking, chat and all interactive information / updated since the download.
Similarly, if no GPS signal, it is no longer possible for the user to be guided on the course but the display of the card remains active.
Finally, the user’s attention is drawn to the fact that the GPS signal is accurate to within 10 meters, it is therefore up to the User to measure the risks associated with such technical limit.
The publisher does not undertake the accuracy and precision of information from the application, particularly as to the accuracy of maps, some paths may not be included, and the remaining time on the information and to the altitude, which are given only approximate and indicative.
Article 4 – Rates
Downloading the application is free. However, the Publisher reserves the right to charge for it.
Rate is for each course before purchase. Users may also opt for a subscription system.
The Publisher reserves the right to change rates at any time.
Mobile operators may charge the User for the use of services offered by the Application.
Article 5 – Obligations of the User
The User agrees to:
– Comply with the recommendations of the Publisher;
– Use the Application in “good father” with prudence and discernment in particular the User must always remain on a path, even if otherwise indicated in the Application;
– Not publish content (images, photographs, comments …) contrary to public order and morality, or detrimental to the rights of third parties;
– Not publish content (images, photographs, comments …) affecting the rights of others;
– Respect the laws and regulations;
– Do not make a professional / commercial use of the Application and / or its contents;
– Respect the environmental charter and rules of good conduct mid mountain documents available on the Site.
The User shall be fully and solely responsible for any loss resulting from non-compliance with these terms, the Publisher is released from any responsibility in the matter.
Article 6 – Liability
Liability for content posted by Users
The Publisher is not responsible for content posted on the application (images, photographs, comments …) by users, but reserves the right to moderate or delete such comments if they violate the rights of third parties or violate in any way whatsoever with the laws and regulations.
Accessibility of Application and malfunctions
The Publisher undertakes to use its best efforts to ensure that the application is accessible and operational at all times, subject to the limitations set forth in Article 3 hereof. As such, the Publisher shall be obliged, in this respect, as an obligation of means and not of result, the Publisher offering no guarantee of continuity of its services.
In particular, the responsibility of the Publisher can not be sought in case of malfunction or non-operation of the application resulting from non-coverage or bad 3G coverage or the lack or poor quality of the GPS signal.
Furthermore, the Publisher reserves the right to temporarily suspend access to the Application for maintenance purposes, curative and / or scalable. However, the Publisher undertakes to use its best efforts to minimize downtime.
Therefore, the User declares that he knows and accepts Internet limits as constraints. In particular, it recognizes that:
– The reliability of transmission is random in particular because of the interruption of infrastructure and networks on which they run, and in particular, malfunction, or saturation may occur;
– Restrictions on access to certain networks can exist and be conditional on the conclusion of a specific agreement;
– Users can connect their computer equipment in any place and can optionally include, divert, disseminate, alter, destroy or falsify data, software and / or content circulating on the Internet, despite the establishment of access control procedures including, password or other access code. Therefore it is up to the User to take any action it deems appropriate to ensure the safety of its equipment and its own data, software or otherwise, including contamination by any viruses and / or intrusion attempt he may be a victim;
– Any equipment used to connect to the Application is and remains the sole responsibility of the User.
The use of the Application is at the risk and peril of the user, which recognizes and is committed to take all necessary precautions to use the Application in accordance with these terms and conditions.
Therefore, the responsibility of the Publisher can not be searched by the user for damages, including loss of data, damage to the User’s equipment, which could occur due to the use of Application.
Thus, the editor any liability in case of damage resulting from a malfunction blocking access or making use of the impossible or very difficult Application for User, which it would be demonstrated that it comes exclusively of the Publisher.
In any case, the liability of the Publisher, if proven, would be limited to the provision of access to the Application meets the requirements of these terms of service.
Excluded repair any other damage including any indirect, tangible or intangible, such as moral, financial loss, loss of opportunity, loss of earnings, loss of profit, damage to the image, etc.
The publisher holds an insurance policy covering the financial consequences of its liability in case she would be engaged.
Safety requirements – Natural Hazards goals
The User Application uses under his sole responsibility. Children are asked not to use the application without the presence of an adult.
The information and data available on the Application is collected and verified with extreme care and precision to inform users in detail the characteristics of each course objectives and risk natural (storms, fog, rock falls, avalanches, ice on the route, cliffs, faults, winds, slippery fat …). Thus, all the routes available from the Application have been designed by professional coaching in the mountains, a test group and a committee were then verified and validated quality before posted online.
However, the natural environment evolves permanently and the conditions of accessibility and practicability of a route can change depending on the season, climatic conditions … and the Publisher does not guarantee, in any case, protection of the User against all these natural hazards objectives.
Users are invited to share any changes and / or error of which he has knowledge and any comment regarding travel to the Editor, for the path of updating and / or improving service .
In any event, the User is invited to use the Application in “good father” with prudence and discernment and remains solely responsible for his safety and choices for hiking. It is also the only one able to estimate its physical abilities.
Thus the application should be used as an orientation aid and decision tool but does not replace in any case the assessment and its User’s judgment remains sole master of its security and his choices to external data including, provided that the field tag information must always take precedence over the information provided by the Application.
The liability of the Publisher shall under no circumstances be held liable for accident, however minor, took place on the proposed route.
Article 7 – Intellectual Property
Are the property of the Publisher and subject to the laws governing intellectual property, including the layout, structure and graphical and textual elements of the Application.
The use of the Application confers no rights to other users that use the application as defined in Article 3 herein.
Consequently, Users may not under any circumstances and in any way, reproduce, distribute, sell, copy, translate, adapt, extract and / or decompile all or part of any elements reproduced on Application and all or part of the application in general, without the express prior consent of the Publisher, except for the content they are causing.
It is expressly understood that by posting content through the Application, the User acknowledges that such content may be distributed to all users of the Application and Site visitors.
In particular, the User acknowledges and accepts that the assessment and the comments made on the course will be freely published on the Site and Application and accessible to all users of such services to supply the users of the Community.
As memories of hiking (photos, comments …), the User may freely decide to retain that information in his personal space, access to which is reserved to him or to upload such content on the Site and Application for make them available to the user community and / or social networks of their choice.
The User grants the Publisher and for the whole world and the entire duration of copyright protection, the right to reproduce, modify, represent said contents on the Application on the Site, without any financial compensation, it the User expressly acknowledges.
In addition, the User declares and guarantees to own the content that is online and are free of any rights, or, at least, it has the rights necessary for their dissemination through of the Application Site.
The User also undertakes to ensure that each person represented has given its agreement for the use and dissemination of his image and releases the Publisher of any possible third party claims against him due to the violation of their rights.
Article 8 – Personal data
The personal data collected and further processed by the Publisher are those Users voluntarily transmit via the Application.
Users authorize the Publisher to save this personal information in a file, in the proper functioning of the services offered within the application, the automated profiling of users, management of customers, the realization of study market.
Furthermore, the Publisher can transmit the data to third parties for the sale of market research / publisher agrees not to transmit the data to third parties.
These treatments have been declared to the CNIL (receipt No. 1732671 v 0).
Users are informed that, in accordance with the law of 6 January 1978 law called “Informatique et Libertés” as amended by the Act of 6 August 2004, they have the following rights:
– The right to oppose, for legitimate reasons, that personal data concerning him are subject to treatment other than those expressed herein which he agreed;
– The right to oppose, without charge, that the collected data are subject to a current or future commercial treatment by the controller;
– Subject to prove his identity, the right to learn about the treatment to which his personal data lead;
– The right to obtain information on treatments for personal data and all information to know and, if necessary, challenge the logic that governs the treatment of said data. The User to do this, must prove his identity;
– Also subject to proof of identity, the right to obtain a copy of personal data concerning them and a right to correct, update or deletion of all or part of said data.
For any questions or requests concerning the protection of privacy, Users may contact the Editor at the following address: firstname.lastname@example.org or by mail at the following address: 29 rue du Vieux Chêne, 38240 MEYLAN.
Article 9 – Security
The publisher pays particular attention to the protection of personal data of users against all forms of damage, loss, diversion, intrusion, disclosure, alteration or destruction.
This vigilance is made:
• by using cryptographic techniques in the transmission of data (SSL);
• a commitment of confidentiality with the Editor staff who have access to personal data of INTERNET;
• by data backups.
Article 10 – Respect for privacy
The publisher pays particular attention to protecting users’ privacy. Thus, users are informed that they may at any time deactivate geotagging but are nevertheless informed that this will result in an inaccessible part of the services offered by the Application.
In the same way, Users may at any time delete the history of their journey and any personal content put online.
Article 11 – Force majeure
Any breach by Publisher of any of its obligations due to the occurrence of a force majeure event, ie an external event irresistible and unpredictable, which prevents or makes it unduly difficult the performance of the obligation at issue, does not incur liability.
Article 12 – No Waiver
The fact that the Editor, not to application, not requiring the application or not to rely on any provision of these terms shall be construed as a waiver subsequently invoke this provision or any other.
Article 13 – Changes to these Terms of Service
The Publisher reserves the right to change the provisions of these Terms of Service at any time without notice.
Users will be bound by these changes and therefore should periodically check whether their use of the Application complies with the general conditions of service according to the current version.