Website Terms

Identification
This site accessible at the URL https://www.umay.fr/ (the “Site”) is the property of OCEAN PINK, a simplified joint-stock company with capital of €5,000 registered in the Chateauroux Trade and Companies Register. under number 844 724 336, whose registered office is located at 1 CHE DES SEIGNEURS 36220 LURAIS. (contact@umay.app).

OCEAN PINK is subject for France to VAT under the number FR05844724336.
The publication director is Pauline VANDERQUAND.

The Application is hosted by OVH, SA par simplified share with a single shareholder with a capital of €10,174,560, whose head office is located at 2, rue Kellermann, 59100 Roubaix. Contact: www.ovh.com

 

Terms of Service
 
THESE GENERAL CONDITIONS (THE “GENERAL CONDITIONS”) ARE CONCLUDED BETWEEN OCEAN PINK AND ANY PHYSICAL OR LEGAL PERSON (“YOU” OR “THE USER”) USING THE SITE. THESE TERMS AND CONDITIONS SOLELY GOVERN YOUR RELATIONSHIP WITH OCEAN PINK.

OCEAN PINK reserves the right to modify the General Conditions at any time. Unless otherwise provided by law, OCEAN PINK will inform you at least 30 days before modifying the General Conditions. The updated General Conditions will apply at the end of this period.

 

Definitions

 

General Conditions of Use: designates the present
The Site: refers to this site, accessible at the URL https://www.umay.fr/.
The Company: refers to the company OCEAN PINK, owner and publisher of the
User: the User may be either a consumer, i.e. any natural person who acts for purposes that do not fall within the scope of his commercial, industrial, craft or liberal activity and who uses the Site in a strictly personal framework outside of any professional activity, either being a professional, i.e. any natural or legal person, public or private, who acts for purposes falling within the scope of his commercial, industrial, craft, liberal or agricultural, including when it acts in the name or on behalf of another professional and who uses the Site for purposes falling within the scope of its commercial, industrial, craft, liberal or agricultural activity.

 

1. Obligations / liability of the User
 
In particular, the User is prohibited from:
communicate information that is (i) false, imprecise, misleading; (ii) defamatory, libelous or slanderous; (iii) which infringe the copyrights, patent rights, trademark rights, trade secrets, other intellectual property rights, the right of disclosure or the privacy of third parties; (iv) that violate French and/or applicable law; (v) that contain viruses, Trojan horses, “worms”, time bombs, “cancelbots” or any other computer programs intended to damage or clandestinely intercept any computer system, data or personal information;
attempt to mislead other users by usurping the identity or a corporate name or by damaging the image or reputation of other people and/or by impersonating a third party or an employee, an authorized service or an affiliate of OCEAN PINK;
disrupt, slow down, block or alter the normal flow of data exchanged within the framework of the Site;
fraudulently accessing, maintaining, hindering or disrupting OCEAN PINK’s information systems and in particular the servers, networks connected to the Site, or refusing to comply with the required conditions, procedures, general rules or regulatory provisions applicable to networks .

The User undertakes to comply with the legal provisions in this area, applicable to information circulating on the Internet and/or the Site and will in any event remain solely responsible for any infringement of the rights of third parties which may result from his use of the Site. The User is the sole judge of his legal, contractual and/or judicial ability to access the Site and/or use the Site. As such, by using the Site, the User acknowledges that he does not violate any legal, contractual or statutory provision. The User agrees to use the Site and the services for purposes consistent with public order, public security and good morals and will in any case remain solely responsible for any breaches of public order, public safety and good morals which could result from its use of the Site.

 

2. Copyright
 
The general structure, as well as the software, texts, images, whether animated or not, sounds, know-how, etc., and all the other elements making up the Site are the exclusive property of OCEAN PINK or its partners.
Any total or partial representation of this Site, without the express authorization of the Site operator, is prohibited and constitutes an infringement punishable by articles L. 335-2 and following of the Intellectual Property Code.
The trademarks of OCEAN PINK and its partners, as well as the logos appearing on the Site are semi-figurative or non-figurative trademarks and are registered. Any total or partial reproduction of these brands or these logos, made from the elements of the site without the express authorization of the operator of the Website is therefore prohibited, within the meaning of article L.713-2 of the Code of Intellectual property.
These General Conditions do not imply any transfer of any kind of intellectual property right on the elements belonging to OCEAN PINK, or assigns such as sounds, videos, photographs, images, literary texts, artistic works, software, brands, graphic charters, logos for the benefit of the User. Any other use not expressly authorized in writing and in advance by OCEAN PINK is prohibited and constitutes an infringement.

 

3. Liability
 
The Site and its content are provided “as is” and without any guarantee, in particular of future performance. OCEAN PINK excludes, to the extent permitted by law, all warranties. In this respect and in particular, OCEAN PINK does not guarantee that the Site is accessible at all times or without error and/or free from defects. In this context, it is recalled that access to the Site may be temporarily suspended, due to (i) hardware and/or software maintenance of the Site server, and/or (ii) hardware, software and/or or editorial content of the Site, and/or (iii) the occurrence of a case of force majeure.
The possibility of temporary or permanent unavailability of the Site cannot in any case give rise to a claim for damages or any other form of compensation.
It is recalled that (i) the transmission of data on the Internet only benefits from relative reliability, these circulating on heterogeneous networks, with various characteristics and capacities, which are sometimes saturated at certain times of the day and of a to impact download times or data accessibility, (ii) the Internet is an open network and, consequently, the information it conveys is not protected against the risk of misappropriation, intrusion into your system , piracy of data, programs and files on his system, contamination by computer viruses, and (iii) it is the User’s responsibility to take all appropriate measures to protect his system and its content against contamination by viruses as intrusion attempts. Consequently, OCEAN PINK cannot be held liable for any damage resulting from the access, use and/or unavailability of the Site, and in particular for any loss of data/programs, any contamination by virus, any financial loss and/ or commercial and/or any loss of image. OCEAN PINK reserves the right to carry out maintenance operations and updates during which the products and services will not be available. OCEAN PINK notably reserves the right to add or remove functionalities, modify the layout of the tool, or insert links, promotional or otherwise.

 

4. Applicable law
 
These General Conditions of Use are subject to French law.
The Site complies with French legislation, and under no circumstances does OCEAN PINK give any guarantee of compliance with the local legislation that would be applicable to you, when you access the Site from other countries.
These General Conditions of Use are written in French. In the event that they are translated into a foreign language, only the French text shall prevail in the event of a dispute.