This website, accessible at maribaytoulonplaisance.fr (hereinafter referred to as the "Site"), is published and managed by PORTELO
Société par action simplifiée with a share capital of 37,000 euros
Head office: 3-7 place de l'Europe - 78140 Vélizy-Villacoublay France (hereinafter referred to as PORTELO
Accessing and browsing the Site constitutes acceptance of these General Conditions of Use (hereinafter referred to as the " GCU "). By accessing the Site, by any means whatsoever (in particular computer, mobile, tablet, etc.), the User acknowledges having read these Terms and Conditions and undertakes to respect them unreservedly.
1. Definitions
The terms defined below shall have the following meaning, whether used in the singular or plural:
- "Personal data": means with regard to Article 4 of the General Data Protection Regulation No. 2016/679 (hereinafter "GDPR"): "any information relating to an identified or identifiable natural person (hereinafter "data subject"); an "identifiable natural person" is deemed to be a natural person who can be identified, directly or indirectly, in particular by reference to an identifier, such as a name, an identification number, location data, an online identifier, or to one or more factors specific to his or her physical, physiological, genetic, mental, economic, cultural or social identity" . Personal Data includes, in particular, data enabling Users to be identified.
- "User": refers to any person accessing the Site (e.g. visitors) whose Personal Data may be collected.
- "Terminal" refers to the various media through which the Site may be accessed. Terminals include, but are not limited to, Smartphones, tablets, Internet PCs (PC or Apple) and any object connected/connectable to another object as well as to the Internet.
2. Object
The purpose of these GCU is to set the conditions of access, provision and use of the Site, its functionalities and its content by Users. Users who refuse to comply with the GCU must not access or use the Site. These GCU form a legally binding contract which is enforceable against Users who access, browse and use the Site in any way whatsoever.
3. Personal data
PORTELO collects Personal Data concerning Users as part of their browsing on the Site.
Personal Data is collected, processed, recorded and stored in accordance with the applicable legal provisions and in particular with the amended French Data Protection Act of January 6, 1978 and the European General Data Protection Regulation n°2016/679.
PORTELO invites Users to consult the Privacy Policy to find out about the processing of Personal Data carried out as part of their access and use of the Site and to find out about their rights in respect of such processing: [insert link to Privacy Policy]
4. Intellectual property
PORTELO is the owner of the domain name maribaytoulonplaisance.fr
This Site is an intellectual work: the Site and each of its component parts (animated or still images, illustrations, photographs, sounds, know-how, texts, graphics, etc.), including software and databases (hereinafter the "Content"), are protected by intellectual property law, in particular by copyright, design rights and trademark rights.
Thus, unless otherwise stated, intellectual property rights over the Content are the exclusive property of PORTELO
, of another company in the group to which PORTELO belongs
, of a third party or of a partner having granted PORTELO usage rights. PORTELO does not grant any license or sub-license over all or part of the Content, nor any right other than that of using the Site under the conditions of these GTC.
The User acknowledges these rights and undertakes to respect them. Any use, modification, reproduction, extraction, representation or translation of all or part of the Content by any means whatsoever is strictly forbidden without the prior written consent of PORTELO or the owner of the protected sign.
Similarly, any unauthorized reproduction of literary, musical, audiovisual or photographic works, and more generally any work likely to be protected by intellectual property rights, accessible via the Site is prohibited, subject to civil and/or criminal penalties, in accordance with the provisions of article L 122-4 of the French Intellectual Property Code, unless such reproduction is reserved exclusively for strictly private use
PORTELO or any other holder of such rights, may take any measure or action, including legal action, to stop any infringement of its intellectual property rights, and reserves the right to claim damages in the event of such infringement.
5. CREDITS
@ Photos Shutterstock
6. Hyperlinks
Any creation of links to the Site, any framing of the Site, and more generally any use of a component of the Site, is subject to the prior written authorization of PORTELO and may be revoked at any time at its sole discretion.
All sites with a hypertext link to the Site are not under the control of PORTELO
. Consequently, PORTELO declines all responsibility (in particular editorial responsibility) for these sites.
7. Cookies
For information on cookies collected during browsing, Users are invited to consult the Privacy Policy and the "Cookie Banner" document.
8. RSS FEED
PORTELO offers Users the option of subscribing to RSS feeds, which enable them to keep up to date with articles published on the Site. The feed will be updated automatically or by manual refresh in the Users' web browser or e-mail program depending on the subscription options they choose.
Users may unsubscribe from an RSS feed at any time by deleting it from their browser and/or e-mail program.
These RSS feeds do not enable PORTELO to obtain information about users. For technical reasons, PORTELO is only aware of the number of subscribers to its RSS feed.
9. Modification
Use of the Site is subject to the GTCU in force at the time of use.
PORTELO reserves the right to modify and update the GTCU without prior notice. In order to be informed of any such modifications, Users are advised to reread the GTU regularly.
10. User behavior
Users agree to comply with these GCU.
In particular, Users agree to behave in accordance with all the provisions of this paragraph, and in particular :
- Do not use a false identity in order to deceive others and communicate to PORTELO
- false, usurped or erroneous contact details;
- Not to harm any person through the Site;
- Do not set up a hyperlink to the Site without the prior written authorization of PORTELO ;
- Not to damage the reputation of PORTELO or other Users through the Site;
- Not to disseminate content that is defamatory, abusive, obscene, offensive, violent or inciting to violence, or of a political, racist or xenophobic nature, or which is generally contrary to the laws and regulations in force or to accepted standards of behaviour;
- Do not attempt to probe or test the vulnerability of the Site, or to breach security and authentication measures without authorization;
- Not disrupt or interrupt the Site or the servers or networks connected to the Site, or violate the requirements, procedures, rules or regulations of the networks connected to the Site;
- Do not attempt to interfere with the use of the services offered by the Site;
- Do not disclose unnecessary, sensitive or third-party personal, professional or confidential information;
- Refrain from processing any personal data obtained on/via or with the help of the Site, and in particular from any collection, misuse or act likely to infringe the privacy or reputation of other Users or any other natural or legal person.
Users must respect the rules governing intellectual property relating to the contents of the Site, whether these are the intellectual rights of PORTELO
or of third parties.
At any time and for any reason whatsoever, PORTELO may terminate, without notice, the User's use of the Site or all or part of the services provided by the Site for any conduct in breach of these TOU, without prejudice to any damages that PORTELO reserves the right to claim from the User in the event of non-compliance with these TOU.
11. Liability waiver
Use of the Site is at the User's own risk, and the User acknowledges that use of the Site is his or her sole responsibility. It is the User's responsibility to protect him/herself against the dangers of the Internet, and in particular to take all necessary measures to protect his/her own data and/or software from contamination by any viruses that may affect his/her computer or hardware. The User is solely responsible for the means of access to the Internet, and thus to the Site.
PORTELO takes the utmost care and makes every effort to ensure that the information posted on the Site is of high quality and periodically updated. However, PORTELO
cannot guarantee the accuracy or completeness of all such information. In addition, the Site is subject to modification and development without prior notice.
PORTELO has chosen the links to sites displayed on the Site with care, but declines all responsibility for the content of these sites, their legality, accuracy or function, and cannot be held responsible for the use that may be made of them by users.
PORTELO cannot be held responsible for errors or omissions, or for a lack of availability of information and services. PORTELO is bound only by a best-efforts obligation concerning the information it makes available to persons accessing its Site. Thus, the User acknowledges that he/she uses this information under his/her sole responsibility and is solely liable for the consequences of such use.
More generally, PORTELO cannot be held liable for any direct or indirect damage that may result from accessing and using the information contained in this Site, whatever the cause, origin, nature or consequences.
PORTELO shall not be held liable for any direct or indirect damage resulting from access to its Site, from any interruption or deletion of the Site and its services, from the occurrence of bugs or for any damage resulting from fraudulent intrusion by a third party from the Site.
12. Site access
In the event of force majeure, computer or technical difficulties, difficulties related to the structure of telecommunications networks or for maintenance reasons, and without this list being exhaustive, access to all or part of the Site may be suspended or withdrawn at PORTELO's sole discretion.
13. Integral
In the event that one of the clauses of these GCU should become null and void, in particular as a result of a change in legislation or regulations or by a court decision, this shall in no way affect the validity of and compliance with the other clauses of the GCU.
14. Applicable law and competent courts
These GCU are governed by French law.
ANY DISPUTE RELATING TO THE EXISTENCE, INTERPRETATION, PERFORMANCE OR TERMINATION OF THE GCU AGREED BETWEEN PORTELO AND THE USER, EVEN IN CASE OF PLURALITY OF DEFENDANTS, WILL, IN THE EVENT OF NO AMICABLE AGREEMENT, BE UNDER THE EXCLUSIVE JURISDICTION OF THE FRENCH COURTS. THIS ATTRIBUTION OF JURISDICTION IS VALID NOTWITHSTANDING PLURALITY OF DEFENDANTS OR WARRANTY CLAIMS, EVEN FOR EMERGENCY PROCEEDINGS OR PROTECTIVE PROCEEDINGS IN SUMMARY PROCEEDINGS OR BY PETITION.