Terms of Use

Terms of use

Welcome to spotbook, your smart organizer to manage the great places you’ve been and those you would like to visit. Please find below the terms of use of our services, knowing that legal notices for our website www.spotbook.co are mentioned in section 2 and 18 of this document.

 

1. Object

The purpose of this document is to define the Terms of Use of the services offered on the spotbook.co website and in the Spotbook app (hereinafter referred to as the "Services")..

These terms of use are accessible and printable at any time via a direct link at the bottom of the homepage of the site www.spotbook.co.

There may be times when we offer a special feature that has its own terms and conditions that apply in addition to these Terms of Use. In those cases, the terms specific to the special feature would prevail over these general conditions.

 

 2. Operator of the Services

The Services are operated by SPOTBOOK SAS, French Simplified Joint Stock Company (« Société par Actions Simplifiées ») with a capital of € 1,000, registered at the RCS (« Registre du Commerce et des Sociétés ») in Versailles under the number 830958609, with its headquarters located at 14 avenue de la République, 78230 Le Pecq, (Hereinafter: "SPOTBOOK").

 

3. Description of Services

3.1 The spotbook app

The Spotbook app allows the user to save the great places he likes or those that he would like to discover. The user can sort them in thematic albums, public or private, and find them later on, thanks to geolocation or album search. To add his current location, the user takes a picture before saving it in an album of his/her spotbook. To add a spot from a website that he/she is visiting thanks to the browser of his/her iPhone, the user can use the "share button ». The user can follow the spotbook of other people and add their spots to his/her own spotbook. Similarly, the user can be followed by other users who can see his/her public albums.

 

3.2 Album web display on spotbook.co

In order to make it accessible to other people via a simple click, the user can display an album on www.spotbook.co. The album will then be available for three months following the date of the web display publication. If the user wishes to suspend the web display of one of his album(s) available, he must then contact the spotbook team at contact@spotbook.co.

 

4. Access to the site and the app

4.1 Access to the site www.spotbook.co

The site www.spotbook.co is accessible:

- to any private individual with full legal capacity to commit to these terms of use.

- to any legal person acting through a private person who has the legal capacity to contract in the name and on behalf of the legal person.

By accessing the www.spotbook.co website, the user accepts the use of Google Analytics cookies that allows SPOTBOOK to measure how visitors interact with the website content in order to optimize the quality of the user experience.

 

4.2 Accessing the Spotbook App

The spotbook app is accessible to:

- any natural person who has full legal capacity to commit under these terms and conditions, and who also has an iPhone or iPadrunning iOS version 9 or later.

- any legal person acting through a natural person with legal capacity to contract in the name and on behalf of the legal person, and who also has an iPhone or iPad running version 9 or later of iOS.

By creating his account on the app, the user agrees to receive by email a newsletter from SPOTBOOK, knowing that Spotbook does not share user information with any third party. At any time, the user can unsubscribe from this newsletter by sending an e-mail to the following address : contact@spotbook.co.

 

5. Acceptance of these Terms of Use

The user accepts these terms of useand this acceptance can only be full and complete. Users who do not agree to be bound by these terms of use are not authorized to use the Services.

Acceptance of these general conditions is evidenced by the fact that the user:

- either signs up in the spotbook app, the link to the general conditions being materialized just below the sign up button.

- or visits the spotbook.co website, the link to the general conditions being clearly highlighted at the bottom of the homepage of the site.

 

6. Sign up on the app

The use of the app requires the User to register via his Facebook profile via the "Facebook connect" function.

Registration automatically entails the opening of an account in the name of the User (hereinafter the "Account").

The User warrants that all information provided in the registration form is accurate, up-to-date, truthful and is not misleading.

The User is informed and accepts that the information entered for the creation or the updating of his/her Account are proof of his/her identity. The information entered by the User engages it as soon as they are validated.

The User commits to personally use the Services and not to allow any third party to use them in his place or on his behalf, except to assume full responsibility for them.

 

7. Services Price

Services are provided free of charge.

 

8. Data

The User acknowledges and expressly agrees:

(I) that the data collected on the site and on the SPOTBOOK computer equipment are proof of the reality of the operations carried out hereunder;

(Ii) that such data constitute the only mode of proof admitted between the parties.

 

9. Obligations of the User

Without prejudice to the other obligations provided herein, the User undertakes to respect the following obligations:

9.1 The User undertakes, in his/her use of the Services, to respect the laws and regulations in force and not to infringe the rights of third parties or public order.

9.2 In particular, the user is solely responsible for the proper fulfilment of all administrative, fiscal and/or social formalities and all payments of contributions, taxes or taxes of any kind which he/she may have to pay in connection with his/her use of the Services. In no event shall SPOTBOOK be liable in this respect.

9.3 The User is informed and accepts that the implementation of the Services requires that it be connected to the Internet and that the quality of the Services depends directly on this connection, of which he/she is solely responsible.

 

9.4 The User is also solely responsible for the relations he/she may establish with the other Users and the information he/she communicates to them within the framework of the Services. It is his/her responsibility to exercise appropriate prudence and discernment in these relationships and communications. The User further agrees, in his/her exchanges with other Users, to respect the usual rules of politeness and courtesy.

 

9.5 The User agrees to make strictly personal use of the Services. Consequently, it is prohibited to assign, grant or transfer all or any of its rights or obligations hereunder to any third party in any way whatsoever.

 

9.6 The User agrees to provide SPOTBOOK with all information necessary for the proper performance of the Services. More generally, the User undertakes to cooperate actively with SPOTBOOK for the proper execution of the present.

 

9.7 The User is solely responsible for the contents of any kind (editorial and images or other, including name and / or image, if any, chosen by the User to identify it on the site) Of the Services (hereinafter referred to as the "Contents").

It guarantees to SPOTBOOK that it has all the rights and authorizations necessary for the diffusion of these Contents and respects the intellectual property rights as outlined in section 14. 

 

9.8 The User acknowledges that the Services provide him/her with an additional but non-alternative solution of the means which he/she already uses to achieve the same objective and this solution cannot replace these other means.

 

9.9 The User must take the necessary measures to safeguard by his/her own means the information of his/her Personal Space that he/she deems necessary, of which no copy will be provided.

 

9.10 The User is informed and accepts that the implementation of the Services requires that he/she is connected to the Internet and that the quality of the Services depends directly on this connection, of which he/she is solely responsible.

 

10. User Guarantee

The User guarantees SPOTBOOK against any complaints, claims, actions and / or claims that SPOTBOOK may suffer as a result of the User's violation of any of its obligations or warranties under these terms and conditions.

It undertakes to indemnify SPOTBOOK for any prejudice suffered by it and to pay all costs, charges and / or convictions which may result.

 

11. Prohibited Behaviors

11.1 It is strictly forbidden to use the Services for the following purposes:

- illegal, or fraudulent or infringing activities or activities that can violate rights of third parties,

- breach of public order or violation of the laws and regulations in force,

- intrusion into the computer system of a third party or any activity likely to harm, control, interfere, or intercept all or part of the computer system of a third party, or violate integrity or security of such system,

- posting of unsollicited commercial prospection,

- manipulations intended to improve the referencing of a third party website,

- assistance or incitement, in any form or by any means, to one or more acts and activities described above

- and more generally any practice diverting the Services for purposes other than those for which they have been designed.

The user undertakes to ensure that the content he is publishing on the spotbook app or on the spotbook website is lawful and does not infringe public order, morality or the rights of third parties, or any legislative or regulatory provision and, more generally, dos not affect the civil or criminal liability of SPOTBOOK.

It is thus strictly forbidden for the User to publish on spotbook :

- any pornographic content, or obscene content, or indecent content, or shocking content or content that may be inappropriate to a family, or defamatory, or abusive, or violent, or racist, or xenophobic or revisionist,

- any counterfeiting Content, or that are offensive to the image of a third party,

- any false, misleading or misleading content, or proposing or promoting illicit, fraudulent or misleading activiti

- any content that may be harmful to the computer systems of third parties (such as viruses, worms, Trojan horses, etc.), 

- and more generally content which may infringe the rights of third parties or be prejudicial to third parties, in any manner and in any form whatsoever.

 

11.2 It is strictly forbidden for Users to copy and / or divert the concept, technologies or any other element of the SPOTBOOK site for their own or third party purposes.

 

11.3 Any conduct that interrupts, suspends, slows or prevents the continuity of the Services, (ii) any intrusion or attempted intrusion into the SPOTBOOK systems, (iii) any misappropriation of resources (Iv) any actions likely to impose a disproportionate burden on the infrastructure of the site, (v) any breach of security and authentication measures, (vi) any act likely to infringe the rights and Financial, commercial or moral interests of SPOTBOOK or users of its site, and more generally (vii) any breach of these general conditions.

 

11.4 Unless otherwise agreed in writing by SPOTBOOK, it is strictly forbidden to cash, sell or grant all or part of the access to the Services or the site, as well as to the information hosted therein and / or shared.

 

12. Sanctions for breaches

SPOTBOOK reserves the right to take any appropriate measures, including the following: breach of any of the provisions of these terms and conditions or, more generally, breach of laws and regulations in force by a User. 

(i) suspend or terminate access to, or participation in, the Services of the User, the person who committed the breach or infringement,

(ii) remove any content posted on the site,

(iii) publish on the site any information message that SPOTBOOK deems useful,

(iv) notify any relevant authority,

(v) institute legal proceedings.

 

13. Liability and warranty of SPOTBOOK

13.1 SPOTBOOK undertakes to provide the Services with diligence and according to the rules of the art, which means an obligation of means but not an obligation of result. The user recognizes it and agrees to it explicitly.

 

13.2 SPOTBOOK is not aware of the Content posted by the Users within the framework of the Services, on which it does not carry out any moderation, selection, verification or control of any kind and for which it does not intervene As an accommodation provider. 

Consequently, SPOTBOOK cannot be held liable for the Contents, the authors of which are third parties, any possible complaint to be directed in the first place towards the author of the Contents in question.

Content that is prejudicial to a third party may be notified to SPOTBOOK in accordance with the provisions of Article 6 I 5 of Law n ° 2004-575 of 21 June 2004 for confidence in the digital economy, SPOTBOOK reserving the right to take the measures described in Section 12.

 

13.3 SPOTBOOK declines all responsibility in the event of loss of the information accessible in the User's Personal Area, the latter having to save a copy and not being able to claim any compensation in this respect.

 

13.4 SPOTBOOK undertakes to carry out regular checks to verify the operation and accessibility of the site. As such, SPOTBOOK reserves the right to temporarily interrupt access to the site for maintenance reasons. Similarly, SPOTBOOK cannot be held responsible for the temporary difficulties or impossibilities of access to the site which would have originated from circumstances outside it, force majeure, or which would be due to disturbances of the telecommunication networks.

 

13.5 SPOTBOOK does not warrant to Users (i) that the Services, subject to constant research to improve performance and progress in particular, will be totally free from errors, bugs or defects, (ii) the Services being Standard and in no way proposed to the sole intention of a given User according to his/her own personal constraints, will respond specifically to his/her needs and expectations.

 

13.6 In any event, the liability which may be incurred by SPOTBOOK hereunder is expressly limited to the only direct damage suffered by the User.

 

14. Intellectual Property

14.1 intellectual property of the content broadcast on or through the service

The user declares and warrants that:

(i) it is the exclusive owner of the Content that it publishes on or through the Service or is authorized to grant the rights and licenses referred to in these Terms of Use;

(ii) the reproduction, representation, dissemination of the Content by the User on or through the Service shall not infringe, misappropriate, or infringe any third party's rights, including without limitation, the right to the image of persons and property, the right to respect for private life, copyright, trademark law, design law and, more generally, all intellectual property rights.

(iii) agrees to pay all royalties, assignments of copyright and any other amounts due in connection with the use of the Content that he/she publishes on or through the Service and, as such, he/she agrees to reimburse without delay to the company all sums due and settled by him/her to the beneficiaries and / or beneficiaries of a court decision condemning it for damages and / or legal costs in this respect

(iv) he/she has the right and capacity to be bound by these Terms of Use subject to French law and to the competent French courts

 

14.2 intellectual property of the software

The user acknowledges that SPOTBOOK's systems, software, structures, infrastructures, databases and contents of any kind (texts, images, visuals, music, logos, trademarks, database, etc.) of the application are protected by any intellectual property rights or rights of the producers of databases in force. All acts of reproduction, representation, dissemination and use of any of these elements, in whole or in part, without the authorization of SPOTBOOK, are strictly prohibited. All disassembly, decomposition, decryption, extraction, reuse may be prosecuted.

 

 

15. Links and third-party sites

SPOTBOOK shall in no event be held liable for the technical availability of websites or mobile applications operated by third parties (including potential partners) to which the User may access via the site or the app Spotbook.

SPOTBOOK assumes no responsibility for content, advertising, products and / or services available on such third-party websites and mobile applications that are governed by their own terms of use.

SPOTBOOK is not responsible for transactions between the User and any advertiser, professional or merchant (including any potential partners) to which the User is directed via the site and cannot in any way be a party to any disputes that may arise with these third parties concerning in particular the delivery of products and / or services, guarantees, declarations and any other obligations to which these third parties are required.

 

16. Duration of Services, unsubscription 

The Services are subscribed for an indefinite period.

The User may unsubscribe from the Services at any time, by sending a request to SPOTBOOK by email to: contact@spotbook.co

Unsubscription is effective immediately. It causes the User Account to be deleted automatically.

 

17. Amendments 

SPOTBOOK reserves the right to modify at any time these terms and conditions.

The User will be informed of these changes by any useful means. 

Users who do not accept the modified terms and conditions must unsuscribe from the Services in accordance with the terms and conditions set out in Section 16.

Any User who uses the Services after the coming into force of the modified terms and conditions shall be deemed to have accepted the modifications.

 

18. Legal notice for the spotbook.co website

SPOTBOOK publishes the spotbook.co website. The headquarter address, amount of capital and registration number of SPOTBOOK are set out in paragraph 2 of these terms of use.

SPOTBOOK can be contacted at the following address:

The director of the publication is Jérôme Delsol, he can be reached at + 33 1 86 86 00 53. The company that hosts the spotbook.co website is OVH SAS with capital stock of 10 000 000 €, RCS Roubaix – Tourcoing 424 761 419 00045, Code APE 6202A, N° TVA : FR 22 424 761 419. OVH SAS Headquarters are located in 2 rue Kellermann - 59100 Roubaix - France.

 

19. Language 

The present terms of service are being translated in particular into English but may also be translated into other languages, the language of interpretation shall be the French language in the event of contradiction or dispute as to the meaning of a specific term.

 

20. Applicable law and jurisdiction

These general terms are governed by French law.

In the event of a dispute as to the validity, interpretation and / or execution of these general conditions, the parties agree that the courts of Paris shall have exclusive jurisdiction to hear them, except in the case of mandatory rules of procedure to the contrary.

 

2. Date of Applicability

These Terms and Conditions are effective starting 10 July 2017.