GENERAL CONDITIONS OF USE

CAPERLAN CLUB GENERAL CONDITIONS OF USE
 
 
These contractual conditions are agreed between any individual internet user of the Caperlan Club website, hereafter referred to as "the Internet User" or "the User" and the "Caperlan Club" website operated by DECATHLON SA, a limited liability company with Board of Directors and Supervisory Board with a capital of €10 250 000, located at 4 Bd de Mons, 59650 Villeneuve d'Ascq (France) and registered in the Lille RCS (business register) under number 306138 900, hereafter referred to as the "OXYLANE NETWORK" or "Caperlan Club".
Hereafter collectively referred to as the "Parties".
 
The Internet User declares that they are legally of age or have parental permission.
 
Using the Caperlan Club website, hereafter referred to as "the Website", entails the Internet user's full and complete adherence to these general conditions of use.
 
These conditions may be subject to change. It is hereby understood that the applicable conditions are those currently in force on the Website at the time at which content is added to the Website. The date on which these conditions are published on-line is the date of their entry into force.
 
1. Use of the Website
 
1.1 Caperlan Club allows its fishing enthusiast Users to add content to its Website allowing interaction between different Internet Users.
 
For the purposes of these conditions, "Content" is defined as any element added by the Internet User to the Caperlan Club Website, such as text, comments, images, photos, videos, or any type of file whatever its content or format.
 
1.2 The use of the services offered by the Website requires each User to create a user account. For this purpose the Internet User commits to supplying Caperlan Club with exact and complete personal details. If not, Caperlan Club reserves the right to not confirm, to suspend or to delete the account that allows Content to be added to the Website.
 
Caperlan Club invites Internet Users who are minors to obtain the prior consent of their legal representatives before providing their personal details, particularly for participating in activity on the Website or games or competitions offered by the Website. In any event, Caperlan Club encourages parents to regularly check on and verify their children's use of on-line activities.
 
1.3 Use of the Website's services is only possible after completing the obligatory fields on the addition of content form. The Internet User is responsible for anything that may occur during a session logged in under their name and user account. The Internet User commits to immediately informing the Website in the event that they believe their alias or email address is, or may be, known by someone who is not authorised to use it. Caperlan Club shall not be liable in the event of the use of an Internet User's personal details by a non-authorised third party.
 
1.4 The Website may only be used for personal and non-commercial purposes. Under no circumstances may the Internet User communicate commercial information or conduct any business on the Website in any form or for any purpose whatsoever.
 
2. Conduct on the Website
 
The Internet User is forbidden from any conduct allowing them to use the Website to, in particular:
 
Commit any illegal act
 
Extract or collect the personal details of Website users through any means
 
Extract, record or make use of, for any purposes other than posting while browsing this Website, content from third parties subject to intellectual property rights, relating to private lives, personal details or image rights
 
Store, disseminate or publish any content that is illegal, harmful, insulting, racist, inciting to hatred, revisionist, contrary to common decency, infringing the privacy or infringing the right to privacy of third parties, particularly the right to the respect for private life, image rights and intellectual property rights
 
Particularly regarding 
 
Add content on behalf of a third party
 
Impersonate a third party and/or publish a third party's personal information.
 
Generally speaking, by using this Website's services, the Internet User commits to respecting the current applicable laws, particularly regarding private life and the right to images of people and belongings, and to abstain from any conduct that is racist, anti-Semitic, xenophobic or not in accordance with the sporting ethics and values of the OXYLANE Network.
 
3. Intellectual property
 
3.1. Content published by Caperlan Club
 
The content belonging to the OXYLANE NETWORK on this Website is protected intellectual property, in particular copyright, drawings and models, brands, domain names, patents, knowledge, software and databases. The OXYLANE NETWORK remains the owner of all of this content and its related rights.
 
The OXYLANE NETWORK grants a limited, non-exclusive, revocable licence for access, browsing and other uses linked to the Website (this licence is not transferable). This licence does not grant you any other rights, in particular for the commercial use of the website content.
 
3.2. Content published by Internet Users
 
All of the content (particularly text, comments, files, images, photos, videos, works, etc…) that may be subject to property, intellectual property, image or other privacy rights remains the property of the Internet User, subject to the limited rights granted by the OXYLANE NETWORK through the licence described below.
 
Internet Users are free to publish or to not publish such content on the Website. They recognise, commit and guarantee that they hold all of the necessary rights and authorisations to publish such content on the Website, particularly under the current laws and rights to the respect for private life, property, intellectual property, image, contracts or rights of any other nature. By publishing content on the Website, Internet Users grant the OXYLANE NETWORK, for the duration that said content is published, a non-exclusive, free, worldwide licence, including the right of reproduction, usage, uploading, display, performance, transmission, and storage, as well as sub-licensing, particularly to its subsidiaries, technical partners and other Website Users.
 
Caperlan Club reserves the right to delete, immediately and without prior warning, any content that does not respect these conditions of use of the Website or for technical reasons. Each User may inform the Website, through the "Report content" procedure, by enclosing all the necessary details for their request to be dealt with, that content is allegedly published in violation of these conditions of use.
 
4. RESPONSIBILITY
 
4.1 CAPERLAN CLUB Responsibility
 
4.1.1 The Internet User consults and uses the Website under their own responsibility. The Website may host links to third party websites. By clicking on these links, the User recognises that Caperlan Club cannot guarantee the content of said links, and therefore accepts that they access them at their own risk.
 
As a result, Caperlan Club shall not be held responsible for any harm resulting from the access and/or use of the Website and the information it contains. In addition the Internet User is informed that Caperlan Club may momentarily interrupt access to the Website for technical reasons, in particular for maintenance reasons. The User accepts these interruptions and waives any claim on this subject.
 
By registering with and using the Website, the User expresses their understanding and acceptance of the features and limits of technology inherent to the internet, in particular regarding the response time for consulting or contacting the Website's host server, technical performance, the risk of interruption, and more generally any risk incurred during the transmission of data.
 
Consequently, under no circumstances shall the OXYLANE NETWORK be held responsible, without this list being exhaustive:
 
- For any information viewed on the Website that has not been put on-line by Caperlan Club
 
- For any network malfunction preventing the correct functioning of the Website
 
- For the loss of any data
 
- For the malfunction of any software
 
- For the consequences of any computer virus, bug, anomaly or fault
 
- For any damage caused to the User's computer.
 
4.1.2 The activity of the Caperlan Club is limited to allowing its Users to connect, and to hosting the content published by the latter. In its role as host, in accordance with article 6.I.2 of the Law on confidence in the digital economy (Loi pour la confiance dans l'économie numérique) of 21 June 2004 and later amended, Caperlan Club cannot be held liable for any of the activities or content stored on its Website. Caperlan Club's liability is limited to that specified by articles 6.I.2. et seq of the aforementioned Law. The Website may therefore delete any illegal or clearly illegal content without prior warning or notice, in accordance with the provisions of article 6.I.3 of said Law.
 
Therefore, Caperlan Club is not required to check a priori the quality, reliability, truthfulness or legality of the Content added by Users.
 
4.2 User Responsibility
 
4.2.1 By using the Website, the Internet User agrees to relieve the OXYLANE NETWORK of any responsibility and to protect it from any damages, costs and fees, whether direct or indirect, arising from:
 
• any complaint from a third party regarding any content added by an Internet User, particularly for the violation of rights on content published on the Website by the Internet User or press offences in reference to the elements sent to or published on the Website
 
• any activity relating to participation on the Website contrary to these general conditions, including those with a fraudulent aim
 
• the violation of these Website Conditions of Use.
 
4.2.2 Caperlan Club makes its Users aware of the publication of Content, such as catches or other photos from fishing Users.
 
Caperlan draws its Users' attention to the need to publish or share respectful photographs, images or videos that comply with the values and ethics of fishing. Any Content that does not comply will be automatically removed from the Website.
 
5. Personal data protection
 
5.1 In accordance with the French Data Protection Act of 6/01/1978 and later amended, the data collected on this Website shall be handled digitally by Decathlon SA. You have the right to access, modify and delete your personal details either in writing (enclose a copy of a piece of valid ID) to: CAPERLAN CLUB – La lande de Jauge, Parc de Jarry 2 - 33612 Cestas (France) or by emailing ecouteclient@caperlan.com.
 
5.2 The information collected is for the exclusive use of the OXYLANE NETWORK, that is, DECATHLON SA as well as its current and future subsidiaries based within the European Union. The OXYLANE NETWORK does not pass on Internet Users' personal data to third parties without their permission.
 
The User may consult the OXYLANE NETWORK'S Personal data protection policy by clicking here http://www.oxylane.com/index.php?p=26
 
6. Modification and/or deletion of content added by Users
 
6.1 Caperlan Club may cancel any membership and/or delete any profile and/or any content and/or any information published on the Website and/or prohibit the use and/or access to the Website, as soon as it becomes aware of the non-compliance by a User of these general conditions of use. This account modification and/or deletion may occur without prior warning or notice, at any time and at the complete discretion of Caperlan Club.
 
6.2 The Internet User also has the possibility to modify or delete Content added to the Website. For any requests of this type, the Internet User may send an email to ecouteclient@caperlan.com.
 
7. Totality
 
If one or several stipulations of these general conditions of use is declared null or void by application of a law, regulation, or following a definitive judicial or administrative decision by the relevant authority, the other stipulations shall not be invalidated. Caperlan Club shall endeavour to ensure that it is replaced as soon as possible by a valid stipulation that upholds the spirit of these conditions as far as possible.
 
The fact that one of the parties has not requested the application of any clause in these conditions, whether permanently or temporarily, may under no circumstances be considered a renunciation of said clause.
 
8. Download
 
8.1 CAPERLAN CLUB may, where necessary, allow its Users to download, via third party websites such as APPLE STORE™ or ANDROID MARKET™ (hereafter "Third Party Websites"), certain applications for SMARTPHONE developed by the OXYLANE NETWORK for CAPERLAN CLUB Users (hereafter "CAPERLAN CLUB Applications"). Downloading these CAPERLAN CLUB Applications implies not only the respect of the Application's conditions, but also the conditions of use of said Third Party Websites, either allowing the CAPERLAN CLUB Applications to be downloaded, or being used while they are running, in particular the GOOGLE MAPS™ application.
 
The User commits to reading and respecting the conditions of use of any Third Party Website to which they may be directed or which are used through the CAPERLAN CLUB Application, in particular the Google Maps™ conditions of use, which Users may consult here.
 
CAPERLAN CLUB draws CAPERLAN CLUB Application Users' attention to the fact that their download may require the opening and creation of an account on a Third Party Website before any download may take place.
 
Users release CAPERLAN CLUB from any liability as regards the conditions of use of Third Party Websites and applications, and in particular regarding their compliance under their own responsibility.
 
CAPERLAN CLUB does not hold claim to any intellectual property right on said Third Party Websites and applications that may prove necessary for the use of CAPERLAN CLUB Applications.
 
8.2 In order to use certain CAPERLAN CLUB Applications or certain of the Website's services, the User must accept geolocalisation on their SMARTPHONE or internet browser.
 
9. FISHING SPOT PUBLICATION 
 
CAPERLAN CLUB allows its users to publish, under their own responsibility, places that allow fishing.
 
Users who wish to publish a fishing location guarantee CAPERLAN CLUB of the safety of said area for Users who may go there, and that said place does not contravene any possible third party law (such as private lands). Internet Users are reminded that they must not encourage visits to private property.
 
In all cases, Internet Users wishing to publish a fishing location must ensure that the place allows fishing and that no current decree, text or regulation prohibits it. In the event that fishing is permitted during certain periods of the year, the Internet User must provide all information regarding this.
 
In addition, the Internet User recognises and accepts that by publishing their fishing locations, they are making their fishing position public to Caperlan Club as well as its Internet Users. CAPERLAN CLUB does not accept any responsibility for any consequences that may arise from this.
 
In order to use certain services on the Website, the User must accept geolocalisation on their internet browser
 
10. Applicable law
 
These general conditions of use are governed by French law.
 

 

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