Last updated: December 2014
Where the user is a child under 18 years old, “You” or “Your” means the child’s parent or guardian visiting the Website or using the services on the Website and/or the Application.
1. ABOUT US
1.1 This Website is owned and operated by POTATERIE, with a capital share of 115.000 euros, SAS incorporated under French Law (company number: 539 355 164) before the French Trade and Companies Register of Paris, whose registered office is225-227 rue Saint-Denis, Paris, France, which EU VAT number is FR54 810 517 367
1.2 If You would like to make a complaint about anything contained on the Website, please contact us using the following details:
225-227 rue Saint-Denis,
Phone: +331 42 36 01 21 Name of the website publishing director: Antoine VU
1.4 The Website is hosted by OVH, SAS, French Compagny, located at 2 rue Kellermann 59100 Roubaix which number phone is 08 203 203 63 ( 0.118 €/mn)
2. ACCESS AND USE OF OUR WEBSITE AND APPLICATION
2.1 Access to the Website and Application is permitted on a temporary basis and we reserve the right to withdraw or amend the Website (and any services made available through it) and the Application, at any time without prior notice.
2.3 You must not use the Website and the Application in any improper or unlawful manner or in breach of any legislation or licence that applies to You.
2.4 Without limiting the foregoing, You agree that when using the Website and Application, You will not:(a) distribute via any medium any part of the Website and Application without our prior written consent;
(b) harass others or disclose personal information about others that could amount to harassment;
(c) publish, post, upload, store, distribute or disseminate any unlawful, defamatory, infringing, obscene, pornographic, harmful, confidential, libellous, hateful, racist, threatening or otherwise illegal or offensive material or information or anything which might constitute a criminal or civil offence;
(d) upload files that contain software or other material which are the intellectual property rights of any third party or which are protected by rights of privacy or publicity of any third party without having received all necessary consents;
(e) upload files that contain viruses, corrupted files, or any other software or programs that may interfere with or damage the operation of the Website or any other computer;
(f) create multiple logins;
(g) impersonate others;
(h) promote any activity that is illegal;
(i) use software to harvest information from the Website and the Application; or
(j) attempt to solicit funds, advertisers or sponsors.
2.5 You agree to comply with all reasonable instructions that we may give You regarding Your use of the Website and the Application.
2.6 You are responsible for obtaining (at Your own cost) all necessary equipment and telecommunications services required to access the Website and the Application. You are also responsible for ensuring that no person uses Your equipment to access the Website and the Application without Your permission. We will be entitled to assume that anyone who accesses the Website and the Application using Your equipment has Your permission to do so and You will be responsible for any charges, costs or liabilities that may be incurred by any such persons.
3. WITHDRAWAL RIGHT
In accordance, with article L.121-21-8 of the French consumer code, You are expressly informed that by registering on the Website and/or the Application, You do not benefit from any withdrawal right, and therefore You renounce to your withdrawal right by using the services on the Website and/or the Application.
4. OTHER SITES
4.1 Our Website may contain links to other websites that are owned by us and/or links to third party websites that are not under our control. We make no warranties or representations whatsoever about any other websites which You may access through this Website or any services that are provided by any such third party websites. Third party websites are in no way approved, vetted, checked or endorsed by us and You agree that we shall not be responsible or in any way liable for the content, accuracy, compliance with relevant laws or accessibility of any information, data, advice or statements or for the quality of any products or services available on such sites. Links do not necessarily imply that we are or our Website is affiliated to or associated with such third party sites. If You decide to visit any other website, You do so at Your own risk. In addition, use of any other website may be subject to Your acceptance of additional terms and conditions, which we suggest You read carefully before proceeding.
5. INTELLECTUAL PROPERTY
(b) “User Generated Content” means the Potatoyz created by You using the Website and/or the Application.
5.2 POTATERIE remains the owner of all Intellectual Property Rights on the Website and the Application and grants You a royalty free, non exclusive, non commercial and personal license on the Intellectual property Rights to use the Website and/or the Application.
5.3 POTATERIE is also the owner of all Intellectual Property Rights on the User Generated Content created by You when using the Website and/or the Application. POTATERIE grants You a royalty free, non exclusive, non commercial and personal license on User Generated Content for your personal use.
5.4 We may publicly perform, reproduce, display, modify, manage, distribute and store any of Your User Generated Content as part of the Website and/or Application or as part of any materials used to promote or advertise the Website and/or Application on a worldwide basis
5.5 You agree that You shall indemnify us against any loss, liability, claim, damage or expense incurred by Us with respect to text, files, images, photos, music or works of authorship that You may use to create the User Generated Content.
5.6 You may view, download and print any contents, materials and information made available to You through the Website subject to the following conditions:(a) the contents, materials and information may only be used for Your personal and non-commercial purposes;
(c) unless in situations expressly limited by law, the contents, materials and information may not be modified, decompiled, reverse engineered, disassembled or altered in any way;
(e) You may not remove any copyright or other proprietary notices contained in the content, material or information.
6. MONITORING OF THIRD PARTY CONTENT; NOTICE AND TAKE-DOWN
6.1 To the maximum extent permitted by applicable law, You acknowledge that we do not actively monitor any third party content or content appearing on the Website which derives from a third party website and we shall not be responsible or liable for any such content including, without limitation, any third party content:(i) which is defamatory, discriminatory, obscene, offensive, confidential or otherwise unlawful; and/or
(ii) in which the Intellectual Property Rights are owned by a third party and such third party has not provided its consent to use such content in the manner it has been used; and/or
(iii) which is prohibited by the applicable Data Protection Law.
6.2 If we are informed or if we suspect that any material on the Website infringes the intellectual property or other proprietary rights of any third person or is otherwise unlawful, then we reserve the right to remove such material from the Website. We also reserve the right to remove any material that we consider to be offensive, insulting, defamatory, obscene, indecent, objectionable or otherwise inappropriate. If You have any concerns or queries about material which appears on our Website (including if You believe that any content displayed on the Website has violated Your Intellectual Property Rights) please email us at: firstname.lastname@example.org
7. LIMITATION OF LIABILITY
7.2 SUBJECT TO CLAUSE 9.1 AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT WE SHALL NOT BE LIABLE FOR: (A) ANY INDIRECT LOSS, CLAIM OR DAMAGE, OR ANY PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING BUT NOT LIMITED TO LOST SAVINGS OR LOSS OR CORRUPTION OF DATA); OR (B) ANY LOSS OF PROFIT (WHETHER DIRECT OR INDIRECT), IN EACH CASE WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (I) ANY USE OF THIS WEBSITE AND/OR THE APPLICATION OR ITS CONTENTS WHICH ARE ENTERED VIA THE WEBSITE AND/OR THE APPLICATION; (II) ANY FAILURE OR DELAY IN THE USE OF ANY COMPONENT OF THE WEBSITE AND/OR THE APPLICATION OR ANY SERVICE INCLUDING, WITHOUT LIMITATION, ANY UNAVAILABILITY OF THE WEBSITE AND/OR THE APPLICATION OR THE SERVICES IRRESPECTIVE OF DURATION OF ANY PERIOD OF UNAVAILABILITY.
7.3 DUE TO THE INHERENT RISKS OF USING THE INTERNET, WE CANNOT BE LIABLE FOR ANY DAMAGE TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR ANY OTHER PROPERTY WHEN YOU ARE USING OR BROWSING THE WEBSITE AND/OR THE APPLICATION. THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS OR INFORMATION THROUGH THE WEBSITE AND/OR THE APPLICATION IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR CONSENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER PROPERTY OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OR ACQUISITION OF ANY SUCH MATERIALS.
7.4 WE ARE NOT LIABLE FOR ANY PROBLEMS OR DAMAGES OCCURRING BY OR DURING DOWNLOADING OUR APPLICATION FROM GOOGLE PLAY OR FROM THE APPLE STORE.
7.6 WE WILL NOTIFY YOU OF ANY SUCH CLAIMS OR PROCEEDINGS AND KEEP YOU INFORMED AS TO THE PROGRESS OF SUCH CLAIMS OR PROCEEDINGS.
8.1 We may remove the Website and/or the Application or cease the provision of any of the services, or terminate Your registration with the Website and/or the Application at any time in our sole discretion for any reason whatsoever. You will be informed of such operations in a reasonable time period.
8.3 Termination of Your registration, howsoever caused, shall not affect the accrued rights and liabilities of either You or us as at the time of such termination.
9. DATA PROTECTION AND PRIVACY
10. AMENDMENTS AND CHANGES