GENERAL TERMS AND CONDITIONS OF USE
TERMS OF SERVICE
(WEBSITE, MOBILE APPLICATION AND PUZZLE UP SOFTWARE)
- APPLICATION OF THE GENERAL TERMS AND CONDITIONS OF USE – ENFORCEABILITY:
These general Terms and Conditions of use (hereinafter, “Terms”) apply to the website, the mobile application and the software belonging to PUZZLE UP as well as to any associated services (hereinafter referred to as “the website, the mobile application and/or the PUZZLE UP software”). Their purpose is to govern the use of the website, the mobile application and the PUZZLE UP software.
The Terms may, in certain cases, be supplemented, modified or replaced by additional general terms and conditions, such as the general terms and conditions of sale. You are considered to have fully accepted these Terms as soon as you access / consult / use the website, the mobile application and/or the PUZZLE UP software.
PUZZLE UP provides a mobile application and/or software called PUZZLE UP to the public, which enables a new service to be offered to climbing gym managers and climbing gym users.
For climbing gym managers, PUZZLE UP consists of a tool for managing and monitoring the openings of the climbing routes in their gym.
The PUZZLE UP software provides access to the routes of all the climbing gyms referenced in the PUZZLE UP gym directory.
After creating an account, users will be able to create a new boulder in a referenced room, record their progress and access their personal statistics (as a climber and/or an opener).
PUZZLE UP will be accessible notably via a dedicated website, tablets made available in equipped climbing rooms and/or via a dedicated mobile application.
- INTELLECTUAL PROPERTY RIGHTS AND COPYRIGHT:
The layout of the website, the software and the PUZZLE UP mobile application are also protected by copyright and by the provisions of intellectual property law. This list is not exhaustive.
The content of the PUZZLE UP website, mobile application and software may not be used for commercial or public purposes. In particular, it may not be copied, distributed, modified or transmitted to third parties. Any reproduction of the content must mention that the copyright belongs to PUZZLE UP. The mentions relating to the protection of rights may not be removed.
The content and information that you publish on the software and/or the PUZZLE UP mobile application directly or through us belongs to you.
For content protected by intellectual property rights (for example photos, images, sounds, videos, information…), you specifically give us the following permission: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license for the duration of the application for the use of the intellectual property content that you publish directly or through us. This intellectual property license terminates when you request that we delete your intellectual property content and/or your account.
- COMMITMENTS OF THE USER AND PROHIBITIONS:
Users who have created a PUZZLE UP account have the possibility to record routes in the “TOPO” (i.e. the catalogue of available routes) of any climbing gym.
If they record these routes, users shall make their best efforts to complete them, respecting the customs and habits of climbing and its practice.
In particular, they shall refrain from entering information about non-existent routes and/or non-existent climbing gyms in order not to harm the PUZZLE UP world and other users.
If they so wish, users also have the possibility to:
– evaluate the courses in the TOPO by means of a star rating system;
– propose their own rating according to the habits and customs of climbing and its practice.
On these occasions in particular, users shall aim to provide this information in an objective and relevant manner, in accordance with the customs and habits of climbing and its practice.
In addition, it is forbidden to use the website, the mobile application and/or the PUZZLE UP software to, in particular:
– harm someone (in particular a minor) and infringe on their personality rights,
– undermine public order,
– send content that is defamatory, obscene, abusive, pornographic or that advocates violence or violates a person’s privacy,
– infringe industrial property rights, copyrights and any other intangible rights or advertise products or services or solicit money or seek to make a profit.
The activities of users that are intended to render the website, the mobile application and/or the PUZZLE UP software unfit for use or to make it difficult to access are prohibited and may give rise to civil and criminal proceedings.
It is forbidden to use the website, the mobile application and/or the PUZZLE UP software for illegal purposes. It is also forbidden to register third parties for a newsletter on the PUZZLE UP website, without their knowledge and without their express consent. It is also forbidden to make third parties participate in a competition without their knowledge and without their express consent.
PUZZLE UP is authorised to block your access to the PUZZLE UP website, mobile application and/or the PUZZLE UP software at any time, in the event, in particular, but not exclusively, that you have breached your obligations under these general terms and conditions.
- REGISTRATION AND PASSWORD:
The website, the mobile application and/or the PUZZLE UP software are free to access.
To access their personal space, users of the website, the mobile application and/or the PUZZLE UP software are required to register directly. PUZZLE UP is authorised, at any time, to cancel and block identifiers in the case where -but not limited to-:
– false information has been provided by the user during registration,
– the user broke the law
– the user has not used the website, the mobile application and/or the PUZZLE UP software for more than one year.
All information given at the time of registration must be true and accurate. It is the user’s responsibility to inform PUZZLE UP without delay of any changes concerning this information.
After a valid registration, users will automatically receive an email confirming that their account has been created. The login will be the user’s email address. During registration, the user will be asked to choose a password. The user will have the possibility to modify their password by going to their account. Usernames and passwords must remain confidential, not be disclosed to any third party and users must ensure that their account is not accessible to unauthorized persons. Users will be liable to PUZZLE UP for any misuse or misappropriation of their login or password.
- RESPONSIBILITY OF THE USER:
Users are responsible for the use they make of the website, the mobile application and/or the PUZZLE UP software.
PUZZLE UP endeavours to guarantee the administration and maintenance of its website and software in the best possible conditions. However, PUZZLE UP does not guarantee that the information published on the website, its mobile application and/or the PUZZLE UP software is accurate or free of errors or that access to the website, the mobile application and/or the PUZZLE UP software will be possible in an uninterrupted manner. In addition, PUZZLE UP shall not be liable for the loss, damage or deletion of data downloaded from the website, the mobile application and/or the PUZZLE UP software.
PUZZLE UP is not liable for any damage resulting directly or indirectly from use of the website, the mobile application and/or the PUZZLE UP software.
The liability of PUZZLE UP is not excluded or limited in the event of intent to harm, gross negligence, injury to life or health, in the event of bodily injury, fraudulent concealment of a defect or in the event of breach of a contractual obligation where such liability is provided for by law. However, in case of breach of a contractual provision, the liability of PUZZLE UP is limited to the reasonably foreseeable damage, except in case of intent to harm or gross negligence.
The aforementioned limitations do not preclude the responsibilities provided for by law, for example in the case of responsibility due to a guarantee, and which apply without PUZZLE UP having committed any fault.
- LINKS / CONTENT OF THIRD-PARTY SITES:
In the event that the PUZZLE UP website, mobile application and/or software refers(s) to websites and/or other software managed by third parties or includes links to these websites, mobile applications and/or software, PUZZLE UP is not responsible for the content of these websites, mobile applications and/or software and does not endorse these websites, mobile applications and/or software or their content. Browsing these sites, mobile applications and/or software is at your own risk.
You are not authorised to publish any content on the PUZZLE UP website, mobile application and/or software unless you have been requested to do so by PUZZLE UP or unless PUZZLE UP has expressly arranged for you to do so. In general, PUZZLE UP has no control or influence over the content published by users of the website, the mobile application and/or the PUZZLE UP software or by third parties. Only the users or third parties who have published these contents are liable. PUZZLE UP is not responsible for these facts.
- MODIFICATIONS AND/OR IMPROVEMENTS:
PUZZLE UP reserves the right to modify these general conditions at any time and to modify the content as well as the layout of the PUZZLE UP website, as well as its software and/or mobile application. This right includes in particular the right to propose offers or services for which a fee is charged or to completely cease to provide these services, without any possible recourse by user.
Non-compliance with any of the provisions of these Terms by users, regardless of their location, and more generally any difficulty affecting their implementation, interpretation or validity, are subject to French law and French jurisdiction.
PUZZLE UP is not responsible if any information and/or content of the website, mobile application and/or the PUZZLE UP software is not accessible or cannot be downloaded from a country other than those where the website, mobile application and/or the PUZZLE UP software are uploaded. When users browses the PUZZLE UP website, or uses the mobile application and/or the PUZZLE UP software from a country other than the country where it is uploaded, they are solely responsible and must adhere to the laws of that country.
- PROCESSING OF PERSONAL DATA
The computerized treatment of the personal data collected has for finality the management of the orders and the re-exploitation in particular for commercial purposes.
Please note that certain information is mandatory and necessary to process your request. The absence of a response to a mandatory field is likely to compromise the proper follow-up of your file.
The personal information communicated is recorded in a computerized file.
Your personal information will be kept for as long as necessary until the execution of our services, unless:
– You exercise your right to delete data concerning you, under the conditions described below;
– A longer retention period is authorised or imposed by a legal or regulatory provision.
During this period, we implement all appropriate means to ensure the confidentiality and security of your personal data, so as to prevent their damage, deletion or access by unauthorised third parties.
Access to your personal data is strictly limited to our staff and, where applicable, to our subcontractors.
Such subcontractors are subject to an obligation of confidentiality and may only use your data in accordance with our contractual provisions and applicable law.
Apart from the cases set out above, we commit not to sell, rent, transfer or give third parties access to your data without your prior consent, unless we are obliged to do so for a legitimate reason (legal obligation, combating fraud or abuse, exercising the rights of defence, etc.).
In accordance with Law n°78-17 relating to data processing, data files and liberties of 6 January 1978, modified by Law n°2004-801 of 6 August 2004, the persons concerned have the right to access, oppose, rectify, limit, oppose and delete personal data concerning them, or to lodge a complaint with the CNIL, which they can exercise by contacting the PUZZLE UP customer service department at the following address 1 rue de la Glacière, 67300 Schiltigheim, France.
For any information on the protection of personal data you can consult the website of the Commission Informatique et Liberté (http://www.cnil.fr).
The data collected by PUZZLE UP may be used to establish consumer statistics and to offer you customized offers.
In order to deactivate these cookies, users will have to uninstall / delete the application from their device. They will be able to deactivate cookies via the parameters appearing within their browser software, but in this case users will not be able to access the functionalities linked to their personal account.
In the event of a dispute, and only for customers who are consumers, you must first contact the customer service department of PUZZLE UP +33 (0)220.127.116.11.14 (number without surcharge from a fixed line in metropolitan France), from Monday to Friday except public holidays or non-working days, from 9:00 am to 12:00 am and from 2:00 pm to 4:00 pm or by post at the following address: 1 rue de la Glacière, 67300 Schiltigheim, France.
If no solution is found within 21 days of your request, you may appeal and seek advice from the Inter-Enterprise Mediation (http://www.redressement-productif.gouv.fr/mediation-interentreprises/saisir-mediation-0). The parties will share the costs of the mediator’s intervention fairly, if necessary.
If no agreement is reached, the dispute will be submitted to the competent courts.