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Terms of service

TABLE OF CONTENTS

Article 1 : Object (table of contents)

The general terms of service aim to define the conditions of availability of the Oblyk.org services by the user. Each access and use of Oblyk.org is subject to the respect of all the rules and obligations described in the general terms of service, without any restriction.

Each private individual or legal entity willing to access the Oblyk.org service must have read all the terms of service beforehand, which can be found in the footer of each page of the website. Hence, it will be considered that the user has fully read the terms of service and agreed with them, only by using Oblyk.org.

Oblyk.org reserves the right to edit or update the terms of service at any time.

Article 2 : Terms of service (table of contents)

According to article 6 of the law of confidence in the digital economy n°2004-575 of June 21st 2004, it is stated to Oblyk.org users the identity of the website's owners, and of the hosting provider.

Oblyk.org was published by Lucien Chastan. The editing directors of Oblyk.org are Lucien Chastan.

Oblyk.org is hosted by : PHPNET FRANCE, headquartered at 97-97 bis rue du général Mangin in Grenoble (38100) FRANCE, number of SIRET 451878128 00037, with the VAT N° TVA FR32451878128. PHPNET FRANCE can be reached at (+33) 04 82 53 02 10, and at the following email address support@phpnet.org.

The processing of data on Oblyk.org is carried out in full conformity with privacy and legality : in accordance with the legal provisions of law n°78-17 of January 6th 1978 related to data processing, files and freedom, this website has been subject to a declaration to the National Commission for Data Protection and Liberties (CNIL) : n°1890811v0.

Article 3 : Obligations (table of contents)

3.1 User's obligations (table of contents)

By accepting Oblyk.org terms of service, the user abstains from engaging in actions of any kind, such as editing, posting online, broadcasting or distributing content, information and data that would be against the law, or that may violate public order, Oblyk.org rights, or third party rights.

3.2 Main rules (table of contents)

Therefore, the user commits to respecting the following rules ( non-exhaustive list ) :

  • to comply with applicable laws, to respect the general terms of service, and the rights of third parties
  • not to create, broadcast, transmit, communicate or store information and data of a defamatory, abusive, offensive, obscene, pornographic (or related to child pornography), racist, xenophobic, homophobic, discriminatory nature, and more generally any content contrary to public order
  • to respect the intellectual property rights related to the contents broadcasted on oblyk.org
  • not to divert one of Oblyk.org features from its normal use
  • not to broadcast content, data or information that does not reflect reality
  • not to broadcast contents, data or information likely to lessen, disorganize or prevent a normal use of Oblyk.org

3.3 Infringement of the terms of service (table of contents)

In case the terms of service have not been respected, Oblyk.org will be able to remove all or part of the contents broadcasted online by the malicious users. Each user has the right to report a content he considers opposite to the terms of service, by contacting Obyk.org administrators.

Article 4 : Privacy (table of contents)

4.1 Personal data protection (table of contents)

According to the law n°78-87 of January 6th 1978, the law n°2004-80 of August 6th 2004, the article L. 226-13 of Penal Code, and the European Parliament and October 24th 1995 Council directive, the user's personal data collected during his registration is protected. It is subject to computer processing : Oblyk.org only uses it so that the user can access the different services and features provided by this website. This data may also be used by Oblyk.org for statistical purposes, to know the traffic on the site, or to have a better targeting of the new features developed. By no means will this data be transmitted to third parties (persons or business partners) : they remain the ownership of Oblyk.org, which ensures their confidentiality.

4.2 Right of access to information (table of contents)

As required by articles 39 and 40 of the law n°78-17 of January 6th 1978, the user can choose anytime to access his personal data held by Oblyk.org, but also ask for their modification or deletion.

4.3 Cookies (table of contents)

Oblyk.org uses cookies, which are markers allowing a better experience on the website ( backup of some settings in memory on the web browser, to fasten the website's browsing). Cookies are harmless for the user's computer and personal data.

The user can choose to accept or decline the use of cookies on Oblyk.org through his web browser.

Cookies are anonymous and can't be used to collect personal data. None of this anonymous data will be transmitted to business partners, or third parties : their remain in the ownership of Oblyk.org.

Article 5 : Intellectual property (table of contents)

5.1 Licenses of our contents (table of contents)

Two types of contents can be distinguished on Oblyk.org : personal content, and community content.

The personal content includes everything that is posted by the user on his profile : the routes he ticks off in his sendlist, his personal data, his pictures, his private messages, and his messages on the forum. This content is subject to copyright, and the author is the user in question.

The community content includes the users contributions to Oblyk.org : crags, sectors and routes they add to the website's database (and the detailed information related to it), comments (public or anonymous), words added to the glossary, links posted, guidebooks added to the database, pictures posted for the community.

The community content's owner is ©Oblyk. This content is dual licensed : CC BY-NC-SA (regarding the content) , and Open Database License(regarding the database).

You are free to remix, arrange, and adapt our work to non commercial ends, as long as you acknowledge our name and as long as your derivative work is subject to the same terms. Please acknowledge ©Oblyk, indicate the link of the source document on oblyk.org, and insert the two license's names (CC BY-NC-SA and Open Database License), as well as a hyperlink pointing to each of these licenses.

5.2 Copyright infringement (table of contents)

We remind the oblyk users that they must never add data coming from copyrighted sources or from related rights sources without an express authorization of these right holders.

If you think that some content may have been added to the Oblyk.org database in breach of these copyrights, please contact us at ekip@oblyk.org.

5.3 Conditions resulting from the website's interactivity (table of contents)

By adding content (text, picture, or anything else) in one of the website's interactive sections, the user transfers expressly and gracefully the right to broadcast this content (reproduction, representation, adaptation) to Oblyk.org, by any means (each known support or unknown yet), for the whole world and for the duration of intellectual property ( current and upcoming ). The copyrights remain reserved.

Oblyk.org reserves the right to publish ( or not ) the contributions it receives on the website, to edit or adapt them, to translate them into another language, to keep them or to delete them at any time.

The user is the only person accountable for the content that he posts on Oblyk.org. As such, he guarantees Oblyk.org against any legal action that may result from its broadcast. He is criminally and financially accountable for the potential infringements of individual rights, privacy rights, human dignity rights, and copyrights that would be caused by his contribution.

The user's contributions are the sole responsibility of his author and do not represent, in any case, an official position of Oblyk.org.

Article 6 : Responsibilities (table of contents)

The use of Oblyk.org is done under the sole responsibility of the users.

6.1 Hardware damages and data loss (table of contents)

Subject to the applicable legal provisions, Oblyk.org shall not be held responsible for any damage, direct or indirect ( such as loss of profits, of consumers, of data, of intangible assets : non-exhaustive list) resulting from the use or the impossibility of use of the website, and more generally from any event related to our website and/or to any third party website. Any hardware or content downloaded on Oblyk.org is at the user's own risk. Oblyk.org shall not be held responsible for potential damages or data loss suffered by the user's computer.

6.2 Responsibility while practicing sport activities (table of contents)

The practice of sport activities (such as climbing or other mountain related sports) must be carried out with an advanced knowledge of the ground and of the technical skills of the sport in question, and implies the acceptation of a risk level which must be adapted to each person's abilities. Oblyk.org encourages its users to be really careful when they interpret the data and the information referenced by the community. By no means does Oblyk.org guarantee the accuracy and the comprehensiveness of the indications provided directly on this website (such as the type of bolts or anchors, the height of a route, the advices given in the forum or in the comments, etc. non-exhaustive list). All this information is non-contractual and cannot engage the responsibility of Oblyk.org and of the authors of the contents in question. Moreover, these indications cannot replace the advices of a skilled professional for the sport activity in question. Oblyk.org accepts no responsibility related to incidents of any kind that may result from the use or interpretation of the information broadcasted on its website.

6.3 Climbing partner search (table of contents)

Oblyk.org cannot be held responsible for the behaviour or actions of persons who meet or communicate with each other as a result of using the partner tracing service.

The partner tracing service is forbidden to underage.

For the partner search service to work, the user must fill in his or her date of birth.. Oblyk.org cannot be held responsible if the user indicates a false date of birth in order to use the service despite the restrictions.

Article 7 : Limitation of warranties (table of contents)

7.1 Warranties (table of contents)

The website is provided "as is". It is accessible depending on its availability, without any express or implied warranty from Oblyk.org. Especially, Oblyk.org does not guarantee that :

  • the website, the contents or the offered products will meet the users' expectations
  • the website will work without interruptions and without mistakes
  • the mistakes will be corrected

7.2 Website closure or interruption (table of contents)

Oblyk.org reserves the right, at any time, to interrupt temporarily or definitively all or part of this website, without previous notice and compensation. By no means shall Oblyk.org be held responsible for the consequences of such a decision.

Article 8 : Hyperlinks (table of contents)

8.1 Hyperlinks pointing to oblyk.org (table of contents)

The hyperlinks pointing to any page of the website (home page or another page) are allowed and strongly encouraged. However, Oblyk.org exercises no control over third party websites, and therefore cannot assume responsibility concerning contents, products, services, information, hardwares, softwares of external websites providing a hyperlink pointing to Oblyk.org.

8.2 Hyperlinks pointing to third party websites (table of contents)

Oblyk.org may contain hyperlinks pointing to third party websites, but exercises no control over these websites, and therefore cannot assume responsibility concerning the contents, advertising, products and services available on theses websites or from these websites. Oblyk.org shall not be held accountable for direct or indirect damages resulting from the access of one of its users to a third party website, or from the use of the services provided by these websites.

Article 9 : Applicable Law (table of contents)

The website Oblyk.org is subject to French Law.