1. LEGAL NOTICES
1.1 Website Publisher
You are currently connected to the website “CookiClub.app” accessible at https://cookiclub.app (hereinafter “the Website”).
The Website is published by the French company 2KOM France.
SIRET number: 437 741 952 00026
Registered office: 6, Rue des Corsaires – 34300 AGDE (France)
Contact: https://cookiclub.app/legal-notice/contact
(Hereinafter “the Publisher”)
1.2 Website Hosting
The Website is hosted by:
OVH SAS – 2, Rue Kellermann – BP 80157 59100 ROUBAIX (France)
1.3. Credits
This website was developed by 2KOM France.
2. GENERAL TERMS AND CONDITIONS OF USE OF THE SITE
Use of the Site by a Community member is subject to prior consultation, acceptance, and full compliance with:
These General Terms and Conditions of Use define the terms and conditions of access to and use of the Site.
The Publisher reserves the right to modify or update these General Terms and Conditions and Conditions of Use at any time.
Users are therefore advised to regularly refer to the latest version of the General Terms and Conditions of Use, which is always available on the website CookiClub.app. These General Terms and Conditions of Use (including the General Terms and Conditions of Sale, the General Terms and Conditions for Submitting Photographs, and the Community Charter) are applicable as soon as they are published online.
For any questions regarding the operation of the Site and these General Terms and Conditions of Use, you can contact us using the Contact Form.
Access to the Site is via the URL https://cookiclub.app.
The cost of accessing and browsing the Site is the sole responsibility of the user.
Access to the Site is available 24 hours a day, 7 days a week, except in cases of force majeure or events beyond the Publisher’s control. The Publisher nevertheless reserves the right, at its sole discretion, to suspend, interrupt, or limit access to all or part of the Site for any reason and without prior notice.
The user declares that they are fully aware of the characteristics and limitations of the Internet, and in particular that data and information transmissions have only relative technical reliability, as they travel over heterogeneous networks with diverse technical characteristics and capacities that disrupt access or make it impossible at certain times. As such, the Publisher is under no obligation to guarantee the Site’s accessibility and is in no way liable for its interruptions and any resulting consequences, which the user accepts.
The Publisher does not guarantee that the Site and the server that makes it available are free from viruses and other harmful components. It is the user’s responsibility to take all appropriate measures to protect their own data and/or software from contamination by any viruses and to verify that their computer system is free of viruses and in perfect working order.
The user accepts that the Publisher and its suppliers shall under no circumstances be held liable for any damages, whether tangible or intangible, direct or indirect, that may result from accessing or using the Site and/or its content, including inaccessibility, data loss, damage, destruction, or viruses that may affect the user’s computer equipment.
2.2 Use of the Site
Access to and use of the Site are reserved for strictly personal use. The user is prohibited, in particular, without limitation:
– from using the Site for promotional and commercial purposes outside of the services specifically made available by the Publisher for these purposes;
– from directing Community members, indirectly or directly, including via hyperlinks, to other websites and applications that may not comply with applicable laws and these Terms of Use.
2.3 Site Content
2.3.1 Information Contained on the Site
The information provided free of charge on the Site is non-contractual and for informational purposes only; the Publisher may modify it without notice. The Publisher strives to ensure, to the best of its ability, the accuracy and updating of the information disseminated free of charge, but cannot guarantee the accuracy, precision and completeness of said information and disclaims all liability for its imprecision, inaccuracy or omission. Users are advised to verify any information published free of charge on the Site with official sources.
2.3.2 Intellectual Property
The Publisher is the exclusive owner of all rights relating to the structure of the Site and its content (texts, logos, photographs, layout, databases, forums, etc.) or has duly acquired them.
It is specifically prohibited to copy, reproduce, represent, modify, or exploit, directly or indirectly, in any way whatsoever, and for any purpose whatsoever, all or part of the structure and content of the Site.
Any downloading, unless explicitly permitted, is strictly prohibited.
Failure to comply with these prohibitions constitutes an act of infringement and/or unfair competition, giving rise to civil liability. and/or criminal liability of its author.
2.4 Specific Conditions Applicable to Community Services
To view the rules for accessing and using sections whose access and use are subject to the creation of a CookiClub.app account, please click on the following links:
2.5 Notification of Clearly Illegal Content
Users may request verification of any content published on the Site that they deem clearly illegal via the Contact Form accessible at the bottom of each page of the Site.
Users reporting content they deem clearly illegal must Please indicate:
– If an individual: their name and email address;
– If a legal entity: its name, postal address, email address, legal form, corporate name, registered office address, and the body legally representing it;
– The reasons for which content should be removed, with justification based on facts and legal provisions.
It is up to the Publisher to assess the manifestly illegal nature of the reported content. The Publisher reminds users that criticism, even vehement criticism, falls under the umbrella of freedom of expression and does not necessarily constitute an act of denigration, insult, or defamation. Exchanges made in response to a report of manifestly illegal content may be used as evidence in court. Any abusive report will render its author liable and is punishable by one year of imprisonment and a fine of €15,000.
2.6 Personal Data
The processing of personal data collected via the Site has been declared to the French Data Protection Authority (CNIL).
Personal data collected via the Site will be processed by the Publisher, who is responsible for its use, and, subject to user consent, may be shared with the Publisher’s partners. Depending on user choices, this data will be used to create and manage their CookiClub.app accounts, their participation in contests, and, subject to their express consent, to send the Publisher’s newsletter and/or offers from its partners.
In accordance with the French Data Protection Act (Loi Informatique et Libertés), you have the right to access, rectify, and delete your personal data by logging into your CookiClub.app account or by contacting the Site Administrator.
When collecting this personal data, fields marked with an asterisk (*) are mandatory, while providing other information is optional. Failure to complete mandatory fields will prevent us from processing your request. Each user agrees to provide accurate and truthful information.
In accordance with Law No. 2004-575 of June 21, 2004, on Confidence in the Digital Economy, the Publisher retains all data that could identify the authors of all content and maintains a private archive of publications. This data may be transmitted to the judicial authorities upon request. The Publisher undertakes not to transfer personal data to third parties without the express consent of the users concerned.
The Publisher does not transfer personal data to countries outside the European Union.
The Publisher undertakes to make its best efforts to implement technical and organizational measures to protect the personal data transmitted by the user. However, the user acknowledges that, due to the characteristics and limitations of the Internet, data circulating on it is not protected against all forms of intrusion, including hacking, and that it is therefore impossible to guarantee the absolute confidentiality, security, and integrity of any information transmitted over the Internet. Therefore, the user accepts that the Publisher cannot be held liable for any damages that may result from this transmission, which is carried out at the user’s own risk. It is the user’s responsibility to implement all necessary measures to preserve the confidentiality of information transmitted over the Internet.
Each user has the right to access, modify, and delete their personal data, which they can exercise at any time using the Contact Form.
2.7 Cookies
Regarding the specific policy on the use of cookies and its partners, we invite the User to review it on the following page: Cookie Policy.
2.8 Hyperlinks
2.8.1 Hyperlinks to the Site
With the exception of sites disseminating information and/or content that is illegal and/or of a political or religious nature, you may create a hyperlink linking to the Site from your website is permitted, provided it is a simple link. However, under this authorization, CookiClub.app reserves the right to object.
2.8.2 Hyperlinks from the Site
Hyperlinks on the Site may lead to other websites or internet resources. Since the Publisher cannot control these external sites and resources, it cannot be held responsible for their availability and will not be liable for any content, advertising, products, services, or other materials available on or from these external sites or resources.
Furthermore, the Publisher cannot be held liable for any actual or alleged damage resulting from the use of content, goods or services available on these external sites or sources. Finally, to the extent permitted by law, the Publisher cannot be held liable if the content of said other sites violates applicable laws and regulations.
2.9 Warranty – Indemnification
The user agrees, when using the Site, not to violate applicable laws and regulations, netiquette, these General Terms and Conditions of Use, the General Terms and Conditions of Sale, and the Community Charter, the General Terms and Conditions for Submitting Photographs, and the Content and Form Manual. Users are informed that violating these terms may result in legal action and/or penalties. In general, the Publisher disclaims all liability for any use of the Site that does not comply with the documents referred to in this paragraph.
The user agrees to act diligently in responding to any complaint.
The user is liable to the Publisher and/or third parties for any material and/or immaterial, direct and/or indirect damage of any kind whatsoever caused by the user and/or their agents during use of the Site in a manner inconsistent with the documents referred to in the preceding paragraph.
The user guarentees the Publisher, as well as its parent companies or affiliates, its representatives, employees, and partners, against any claim, demand, or action arising from the violation of the documents referred to in the preceding paragraph. The user shall hold them harmless, at all times and upon first demand, against any damage and/or against any claim, action, or complaint from third parties resulting from any violation of said provisions. This guarantee covers both any damages that may be awarded, regardless of their origin, direct or indirect, and legal fees, expert fees, court costs, and tax expenses, within reasonable limits.
2.10 Miscellaneous Provisions
These General Terms and Conditions of Use, as well as the General Terms and Conditions of Sale, the General Terms and Conditions for Submitting Photographs, and the The Community Charter is applicable as soon as it is published online. The invalidity, in whole or in part, of any of its provisions under a legal or regulatory provision, or a final court decision, does not invalidate the other provisions or the valid portion of the provision.
They are governed by French law. Any dispute relating to their interpretation or execution shall be subject to the jurisdiction of the competent courts of Montpellier (France).
2.11 Evidence
The Publisher draws users’ attention to the terms of acceptance of these terms (including the General Terms and Conditions and Conditions of Sale, the Community Charter, the General Terms and Conditions for Submitting Photographs, and the Content and Form Manual). Checking the boxes relating to acceptance of these terms and the transmission of certain data to the Publisher’s partners constitutes an “electronic signature” within the meaning of Articles 1316 et seq. of the French Civil Code and is therefore equivalent to a handwritten signature.
Unless the Publisher has made a manifest error, the data stored in the Publisher’s information systems shall be considered conclusive evidence of users’ acceptance of these terms and the principle of transmission to partners. The publisher of data concerning them. This data constitutes evidence having the same probative value as any document that would be drawn up, received or kept in writing and will therefore be admissible, valid and enforceable in the same way, under the same conditions in the context of any legal proceedings.