Legal Mentions – Mentions Légales

WEBSITE TERMS AND CONDITIONS OF USE

Welcome to the website www.by-the-way.fr (hereafter referred to as the “Site”).

The aim of this site is to provide information about the services and activities of this non-profitable organisation.

In accordance with the law, we invite you to read the following Terms and Conditions of use (hereafter referred to as the “Terms and Conditions”). These Terms and Conditions relate to the legal rights and responsibilities applicable when you use this Site.

This site is at your disposal for personal use, subject to the following Terms and Conditions being respected.

In accessing this Site, browsing and/or using it, you acknowledge having read, understood and accepted these Terms and Conditions, and that you undertake to comply with the relevant laws and regulations. If you do not accept these Terms and Conditions, please do not use this Site.

You undertake to access the information provided on this Site only for personal and non-commercial use.

The Site must only be used for legal ends; no unauthorised use or misappropriation is permitted.
The content of this legal notice may be subject to change; consequently, we invite you to consult this page on a regular basis and check the last date it was updated.

LEGAL INFORMATION

This Site is published by « By The Way Organisation », a non-profitable organisation, registered 2150 chemin de roman 13120 Gardanne, France, and registered on the “Registre des Associations” under number 493.093.256.

To contact ByTheWay, click on the following link: http://www.by-the-way.fr/contact

The Site content is hosted on servers belonging to OVH, “SAS” (a private limited company), with a capital of 58,451,180.86€, registered office at 114 Rue Ambroise Croizat, 93200 Saint-Denis, France, registered on the “Registre du Commerce et des Sociétés” (Trade and Companies Register) under number 429 840 853 RCS BOBIGNY.

INTELLECTUAL PROPERTY

This site is governed by French legislation relating to copyright law, trademark law and, generally, to intellectual property rights.

BY THE WAY’s brands and logos appearing on the Site are registered trademarks. Any reproduction or representation, total or partial, alone or integrated into other elements, without express and prior written permission from BY THE WAY is strictly prohibited.

The general Site structure, software, text, images, videos, sound, expertise, animations and, more generally, all information and content appearing on the Site are, except if otherwise stated, the property of BY THE WAY. These elements are governed by copyright protection laws.

Any representation, modification, reproduction, distortion, either total or partial, of all or a part of the Site and its content, by any method and using any medium, constitutes counterfeiting according to articles L335-2 onwards of the « Code de la Propriété Intellectuelle” (Intellectual Property Code).

The Site databases, if present, are protected by provisions relating to legal protection of databases. As such, BY THE WAY expressly prohibits any reuse, reproduction or extraction of elements from their databases. The user will be held responsible for any unauthorised reuse, reproduction or extraction.

BY THE WAY reserves the right to remove immediately, and without prior formal notice, any content, message, text, image, graphic which contravene any law or regulation in force.

Should you wish to use any Site content (text, image, etc.), you must obtain express prior written permission from BY THE WAY by writing to the address specified in the “Legal Information » section.

RESPECT FOR PRIVACY

As a user of this Site, you are required to respect applicable legislation, and especially provisions made by the law on data protection and civil liberties, violation of which is subject to criminal penalties.

In particular it is prohibited to collect or misuse information, especially any personal information which you may access and generally to commit any act which is likely to undermine privacy, honour, sensitivity, brand image, reputation of any natural person or legal entity and especially that of BY THE WAY, by avoiding any defamatory, provocative, malicious, derogatory or threatening comment or message via any medium.

PRIVACY POLICY

In order to provide a better service, during your navigation of the Site, BY THE WAY may collect personal data about you, which is processed using electronic means.

The personal data that may be collected is destined for use solely by BY THE WAY to allow you to benefit from the services offered on the Site and inform you about products and services. No other personal information concerning you will be shared with a third party or used for another means. In accordance with the Data Protection and Civil Liberties law of 6th January 1978, you have the right to access, modify, rectify and remove the personal data that we have collected (Article 34 of the “Informatique et Libertés” law).

To exercise this right, contact:
Association BY THE WAY
2150 Chemin de Roman
13120 Gardanne
France

As specified above, you may withdraw your permission, without charge, for your personal data to be used for canvassing purposes.

The Site is not designed to receive confidential information from you. Consequently, and with the exception of the personal data specified above, any information, in whatever form – documents, data, graphics, questions, suggestions, concepts, remarks, or anything else – which you communicate on the Site will not be treated confidentially under any circumstances. Therefore, when you send information to us, we have the right to use, reproduce, publish, modify or communicate it in order to process your request.

Visitors to the Site are informed that information (“cookies”) may be temporarily saved on the hard disk of their computer in order to facilitate Site navigation. Visitors authorise these cookies. Cookies send data that is not used for identification but to record information relating to your navigation of the Site. They enable analysis to be made about visitors to the Site and about their visit, etc., in order to improve the quality of the Site. The user is free to refuse cookies by configuring the browser according to the methods detailed on the site http://www.cnil.fr/english. However, blocking these cookies will result in certain services being unavailable.

LIMITATION OF RESPONSIBILITY AND EXCLUSION FROM LIABILITY

As a user of this Site, you acknowledge that you have the necessary skills and means to access the Site.

BY THE WAY and its contributors undertake to do everything possible to ensure that the information on this Site is accurate and up-to-date, reserving the right to modify the content at any moment without prior warning. Nevertheless, no guarantee is provided that the information is complete, nor that the information has not been modified by a third party (through piracy or viruses). BY THE WAY and its contributors also decline all responsibility (direct and indirect) in the event of delay, error or omission concerning the content and the use of these pages, in the event of the service being interrupted or unavailable.

You acknowledge having been informed that the Site is accessible 24 hours a day, 7 days a week, except in the event of a force majeure, IT problems, problems linked to the telecommunications network or other technical problems. For maintenance reasons, BY THE WAY may interrupt access to the Site but will make all reasonable efforts to give prior warning to users. BY THE WAY may not be held responsible for delays, problems in use, or incompatibility between the Site and files, your browser or any other method of accessing the Site.

BY THE WAY may, under no circumstances, be held responsible for any direct or indirect damage resulting from, or consecutive to, a virus being disseminated by a third party through the Site which is susceptible to infect your IT system following your connection to the Site, use of the Site or navigation on the Site. In the same way, BY THE WAY may not be held responsible for any damage to equipment or accessories (including, but not limited to, technical failure, disclosure of confidential documents, loss of data), nor for any indirect damage, arising from or linked to use of the Site.

BY THE WAY makes all reasonable efforts to ensure that the information published on the Site is accurate and up-to-date, and reserves the right to correct the content at any time with no prior warning. However, BY THE WAY and its contributors can offer no guarantee nor assume any responsibility, under any circumstances, as to the appropriateness, arrangement, accuracy, absence of errors, completeness, genuineness, relevance, trustworthy and commercial nature, quality, validity, and availability of the information contained on the Site. Each visitor to the Site fully accepts that use of the content is at his/her own risk. Inaccurate information or omissions may be present due especially to typographic errors or typesetting anomalies. If you notice any errors, we invite you to bring them to our attention so that the relevant corrections may be made.

You are also reminded that confidentiality in correspondence is not guaranteed on the network and that it is the responsibility of each internet user to take appropriate measures to protect his/her own data and/or software from contamination by any viruses.

HYPERLINKS

BY THE WAY cannot be held responsible for any hyperlinks pointing to other sites, especially for the content of these sites and particularly for commercial offers which should be proposed to you.

BY THE WAY, its subsidiaries, and affiliated entities formally decline all responsibility for the content of the sites to which links on the BY THE WAY Site. The decision to follow these links is exclusively that of the web user.

GOVERNING STATUTE

If, for whatever reason, a competent court should consider that a clause in these Terms and Conditions is invalid, the invalidity of this clause will not in any way affect the rest of the Terms and Conditions, which will remain in force.

The Site is governed by French law. These Terms and Conditions will be interpreted according to French law. Visitors to the Site from countries outside of France must ensure that they respect local applicable laws.

Last updated: 25th November 2016