1.2 The Website is offered from Saint-Martin by SASU Graf’Design (“our”, “us” and “SASU Graf’Design”) which is a company registered in Saint-Martin under the number siret 81371466400014. Our registered office Social and postal address are 29B, Residence Savana, 97150 St. Martin.
1.3 The website iledesaintmartin.com is hosted by the company 1 & 1 INTERNET SARL – INTERGEST SA 7 Place de la Gare 57200 Sarreguemines
1.4 Your use of the Website is also subject to our personal data protection charter.
2 USER ACCOUNTS
2.1 In order to use certain parts of the Website, you may need to create an account (the “User Account”). You may create a User Account on the Website using your email address or through a social media account. When logging in to a User Account or creating a User Account through a social media account, iledesaintmartin.com will ask the designated application for permission to access the selected data, allowing the service to work. These data are stored by us according to your profile. You can choose what personal information is displayed on the Website. When you sign in through social media, the app checks for changes and updates your User Account. In addition, if you change your data in your User Account, this data is retained as the primary copy of your data. If you choose to disable your User Account, all your data is deleted by us.
2.2 You must not create multiple User Accounts. You must not use the account of another user of the Website without obtaining his prior consent. You must provide complete and accurate information, including your real name, when you create your User Account. You are solely responsible for the activity that occurs on your User Account, so we suggest that you keep your User Account password safe. You must notify us immediately if you become aware of any unauthorized use of your User Account.
3 USE OF THE SITE
3.1 When asked to provide information related to the Website, you agree to provide true, accurate, up-to-date and complete information. You are not required to provide iledesaintmartin.com with the optional information requested.
3.2 You agree not to:
3.2.1 impersonate another person or use a false name or name that you are not authorized to use, or create a false identity or origin or email address or try to mislead us or other persons as to the identity or origin of any communication or provide inaccurate or unreliable contact information;
3.2.2 modify, make available or access data stored on a computer or device accessed through our network when: (i) the data, computer or the device has taken steps to prevent you from doing so; or (ii) the owner has expressed the wish that you do not do so;
3.2.3 make available or download files that contain software or other materials, data or information that you do not own or for which no license has been granted to you, or collect information about other people (eg for example, names or addresses) without their prior consent;
3.2.4 damage, disrupt or interfere with access to the Website or do anything that could impair its functionality;
3.2.5 use the Website in any way to send unsolicited e-mail (commercial or otherwise) or any material for marketing or advertising purposes, or any similar abuse;
3.2.6 publish, post, distribute, broadcast or otherwise transmit via the Website any material that is defamatory, offensive, infringing, obscene, indecent or any other unlawful or objectionable material or information;
3.2.7 make available, download or distribute by any means any material or file containing viruses, bugs, corrupted data, Trojan horses, worms or any other harmful software through the Website ;
3.2.8 falsifying the actual ownership of software or other material or information contained in a file made available through the Website;
3.2.9 use the Website or any part of the Content for any commercial purpose; and or
3.2.10 obtain or attempt to gain unauthorized access, by any means whatsoever, to the Website.
3.3 We will allow you to create a link to the homepage of the Website provided that you comply with the following:
3.3.1 you do it only in a way that is fair and legal and that does not benefit our reputation and does not damage our reputation;
3.3.2 you do not suggest any form of association, or approval from us, unless we have otherwise authorized it.
3.4 We reserve the right to withdraw our permission to link in clause 3.3 at any time without notice.
4 USER SUBMISSIONS
4.1 We may now or in the future permit the submission on the Website of videos and / or other communications or materials (including reviews) by the users of the Website (collectively, the “User Submissions”). ).
4.2 User Submissions must comply at all times with these Terms and any separate terms and conditions relating to User Submissions that we may post on the Website from time to time.
4.3 By submitting User Submissions to the Website, you hereby grant to:
4.3.1 iledesaintmartin.com, a worldwide, royalty-free, perpetual, transferable, irrevocable, nonexclusive license and the right to use, reproduce, share, copy, modify, publish, edit, translate, reformat, Hosting, aggregating, distributing, executing and displaying the Submission of the user alone or in the context of other works in any form, medium or technology known to date or developed subsequently, without territorial or temporal limitation, and to sublicense these rights through multiple levels of sub-licensees; and
4.3.2 to each user of the Website, an irrevocable, perpetual, worldwide, non-exclusive, royalty-free license to access User Submissions via the Website.
4.4 Subject to clause 4.3.1, you will retain all your ownership rights in the User Submissions.
4.5 By submitting User Submissions to the Website, you certify to us that you have full authority and authority to grant the rights and licenses for
the User Submissions defined in this Agreement and that the Submissions of the user you submit:
4.5.1 does not infringe any third party’s intellectual property rights (including, without limitation, copyrights and / or trademarks), other proprietary rights or publicity rights or protection of privacy;
4.5.2 do not violate any law, ordinance or regulation;
4.5.3 are not defamatory, threatening or harassing;
4.5.4 are not obscene or pornographic;
4.5.5 do not violate any law;
4.5.6 do not include email addresses, URLs to personal websites and / or blogs or phone numbers, and / or
4.5.7 is not a report about someone else’s experience.
Comments and reviews
4.6 If you choose to submit a review, it must be your description of the experience you have had with your friends, family or alone. We encourage critics who are informative, entertaining and helpful to others and an explanation of what you liked or not.
4.7 By submitting a review to the Website, you hereby confirm that the criticism is based on your own experience and constitutes your true opinion, that you have no personal or business relationship with the object of the criticism, that you have not been offered any incentive or payment to write your review and you have no personal grievance to communicate.
4.8 You acknowledge and agree that you understand that iledesaintmartin.com has a zero tolerance policy regarding false reviews.
4.9 We encourage you to share your opinion on the articles we have written or a review that has been written by us or by one of our users. We like comments that represent your view of others’ opinions and are constructive – whether they agree or disagree.
4.10 Criticisms and comments should be:
4.10.1 user-friendly: do not contain profanity, threats, harmful comments, hate speech, sexually explicit language or other content that is inappropriate for other users;
4.10.2 unique and independent: you must write a review of a personal experience about an event, restaurant or attraction;
4.10.3 originals: do not contain any substantial citations from other sources, including (but not limited to) websites, email correspondence, other reviews, etc. ;
4.10.4 non-commercial: Contains no promotional material of any kind, including self-promotion URLs. We reserve the right to reject any URL,
email address or phone number for any reason and we reserve the right to remove any section containing promotional material from reviews;
4.10.5 submitted by persons over 18 years of age;
4.10.6 submitted with a valid email address;
4.10.7 submitted without HTML tags and without excess CAPS, slang or typographical symbols.
4.11 iledesaintmartin.com allows the management or the representatives of events, places, restaurants or attractions to respond to the criticisms written by the users on the Website and these must be identified by your Account user. iledesaintmartin.com reserves the right to withdraw a criticism, comment or give the management a right of reply at any time for any reason whatsoever.
4.12 We do not endorse any User Submissions or any opinions, recommendations or advice expressed therein, and we expressly disclaim any liability in connection with User Submissions. We do not allow infringement of copyright or other intellectual property rights on the Website.
4.13 We reserve the right to remove User Submissions without notice for any reason whatsoever, at our absolute discretion, including, without limitation, violation of the User Submission Terms and / or breach of any intellectual property right.
4.14 You acknowledge that when you use the Website, you may be exposed to User Submissions from a variety of sources and that we are not responsible for the accuracy, usefulness, security or privacy rights of Users. intellectual property related to these Submissions of the user. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent or objectionable and you agree to waive, and hereby waive, any legal or otherwise right or remedy provided by the User. equity that you have or may have against us in this regard.
4.15 If you believe that a User Submission on the Website is inaccurate, offensive, indecent, objectionable or infringes an intellectual property right, please contact us at firstname.lastname@example.org. As soon as we receive your email, we will investigate the subject bid and / or temporarily or permanently withdraw the submission at our sole discretion.
5 WHAT WE WILL DO
5.1 We will do all that is reasonably possible to maintain the Website. The Website is subject to change from time to time. You will not be entitled to any compensation because you may not use any part of the Website due to a failure, suspension or withdrawal of all or part of the Website for any reason whatever.
5.2 We will do our best to verify the accuracy of any information that we make available either directly or through any partner of the Website, to the extent possible, but we are unable to guarantee the accuracy of the information. full accuracy of information that can often change, such as opening hours, show dates, schedules and current prices, and we strongly recommend that before relying on information made available on the Site Web site, this information, when it is likely to change, is confirmed with the location, the establishment or the service provider concerned.
6 ACCESS TO THE SITE AND WHAT WE CAN DO
6.1 Although we strive to ensure that the Website is normally available 24 hours a day, we accept no liability if, for any reason, the Website is unavailable at any time or for any period of time. . Access to the Website may be suspended temporarily and without notice in the event of failure, maintenance or repair of the system or for reasons beyond our control.
6.2 We can at any time:
6.2.1 modify or remove, temporarily or permanently, the Website (or part of it) for commercial and operational reasons, in which case we will attempt to give you reasonable notice of any suspension or withdrawal and we will not be liable to you or any third party for any modification or removal of the Website;
6.2.2 modify these Terms. Your continued use of the Website (or any part of it) as a result of such modification will mean that you accept this change. It is your responsibility to check regularly if the Terms have been changed. If you do not agree to a change to the Terms, you must immediately stop using the Website; and or
7 PARTNERS OF THE WEBSITE
7.2 Third party links (including advertisements) do not imply that we endorse a linked website or that we are affiliated or associated with it, nor that we are legally entitled to use any intellectual property accessible through these links.
7.3 On this website the weather widget of Windfinder.com GmbH & Co.KG is integrated. Your IP address will be transmitted to Windfinder.com GmbH & Co.KG to display the weather data. Further personal data will not be transmitted. Your IP address will be logged by Windfinder.com GmbH & Co.KG for technical reasons and deleted after 7 days.
8 FINANCIAL TRANSACTIONS
8.1 Through the Website, you have the ability to purchase tickets, packages, goods, products and services, to reserve places and events and to obtain other benefits and to conclude commercial transactions (“e-commerce transactions”). E-Commerce Transactions are available from iledesaintmartin.com and iledesaintmartin.com business partners (“Transaction Partners”). It is important to note that when you enter into Ecommerce Transactions with Transaction Partners, you are required to agree to separate terms and conditions with respect to such transactions directly with Transaction Partners. In the event that you conclude Electronic Commerce Transactions with iledesaintmartin.com, the general terms and conditions relating to these transactions are subject to the terms and conditions of electronic commerce of iledesaintmartin.com as they apply. in the territory where the products concerned are delivered.
8.2 iledesaintmartin.com disclaims all liability for transactions that you enter into with a Trading Partner.
9 LIMITATION OF LIABILITY
9.1 You agree to use the Website at your own risk.
9.2 The Website is provided “as is” and “as available” for your information and your personal use only, without any commitment or approval. Unless otherwise stated in separate terms and conditions for a particular product or service, we make no warranties of any kind, express or implied, with respect to the Website, or the products or services offered on the Website, whether either by us or on our behalf (including the downloading of free software), including, but not limited to, implied warranties of satisfactory quality, fitness for a particular purpose, availability, non-infringement, compatibility, security, accuracy, condition or completeness or any implied warranties arising from the usual conduct of the business, use or business practices.
9.3 Unless otherwise stated in separate terms and conditions for a particular product or service, we make no warranty that the Website or the products or services offered on the Website, whether by us or on our behalf (including the download of free software) will meet your needs or be uninterrupted, timely, secure or error-free, that the defects will be corrected or that the Website or the server that makes it available or that the products or services offered on the Website, that either by us or on our behalf (including free software downloads) are free of viruses or bugs or are fully functional, accurate, or reliable. We do not accept any liability for any loss of content or materials resulting from a download on the Website.
9.4 Subject to clause 9.5, iledesaintmartin.com can not be held liable for any damages whatsoever, including, but not limited to, damages for loss of use, data or profits arising out of the use or performance of the Website, the provision or non-provision of services, or for any information obtained through the Website, or otherwise arising from the use of the Website, that whether on contract, tort or otherwise, without limitation, even if iledesaintmartin.com has been informed of the possibility of damage.
9.5 If the defective digital content that iledesaintmartin.com provided damages a device or digital content owned by you and this is caused by our lack of reasonable care and skill, iledesaintmartin.com will repair the damage or you will pay compensation. However, iledesaintmartin.com will not be liable for damages that you could have avoided by following our application tips for an update or damage caused by the fact that you have not followed the instructions correctly installation or you have not implemented the minimum configuration that we advised you.
9.6 If you are dissatisfied with any part of the Website or any of the Terms, your sole remedy, other than as expressly provided for in these Terms, is to discontinue use of the Site. Web.
9.7 Notwithstanding the provisions of these Conditions, iledesaintmartin.com does not accept any liability for death or personal injury caused by its own negligence or any other liability where it would be unlawful to do so. Nothing in these Terms affects your legal rights as a consumer.
9.8 iledesaintmartin.com reserves the right to delete any information or material on the Website without warning, and without prejudice to any other acquired right, or to make available such information or material when required by law or when regulatory or law enforcement agencies request it.
10.1 You agree with iledesaintmartin.com not to use the Website for any purpose or in any way that is prohibited by these Terms or that is otherwise unlawful.
10.2 You agree to indemnify iledesaintmartin.com, its officers, employees and licensors for any loss they may suffer as a result, directly or indirectly, of any failure on your part to commitment set out in clause 10.1.
11 INTELLECTUAL PROPERTY RIGHTS
11.1 The Website, as well as the information and graphics or images contained therein (the “Content”) are the property of SASU Graf’Design. Some photographs are the property of independent photographers, the mention of a copyright is applied on the photograph. If you wish to use a photograph of a freelance photographer, you acknowledge and agree to contact the said photographer for permission to use his photograph.
11.2 You may view the Website on your computer screen and print its contents on your printer for your personal, non-commercial use only.
11.3 Without our written consent, you may not use, transfer, copy or reproduce all or any of the Content, the Website or its HTML source code, in any form or by any means, electronic, mechanical or otherwise, except for the sole purpose of viewing the Content. This includes electronic reproduction by download.
11.4 You warrant that it is legal for you to view this Website in the territory to which you are subject. You are responsible for compliance with all laws of this territory, when consulting or using the Content.
12 VIRUS PROTECTION AND COMPATIBILITY
12.1 Although some precautions have been taken to detect computer viruses and ensure security, iledesaintmartin.com can not guarantee that the Website is virus-free and secure.
12.2 iledesaintmartin.com can not be held responsible for any loss or damage resulting from a virus or security breach. iledesaintmartin.com gives no guarantee as to the compatibility of the Website with your computer systems, software or hardware.
iledesaintmartin.com may restrict your access to the Website, refuse to correspond with you or delete your data from the relevant database without prejudice to any other rights acquired, without notice if:
13.1 there is a regulatory or legal change limiting the ability to provide access to the Website;
13.2 there is an event beyond the reasonable control of iledesaintmartin.com preventing iledesaintmartin.com from providing access to the Website (for example, and without limitation, technical difficulties, capacity issues and communication failures);
13.3 iledesaintmartin.com considers, in its sole discretion, that you have an abusive use of the Website or that you are acting in violation of these Terms.
14.1 A failure or delay of iledesaintmartin.com in the application of any provision of these Terms does not constitute a waiver of this provision or any other provision of these Terms.
14.2 None of these Conditions can be imposed in a binding manner by a third party under the Contracts (Third Party Rights) Act 1999 (or equivalent local law).
14.3 If any provision of these disclaimers and exclusions is unlawful, void or unenforceable for any reason whatsoever, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions. .
14.5 The express provisions of these Conditions supersede all warranties, conditions, covenants and obligations assumed by law, common law, custom, commercial use, habitual or other conduct, all of which are excluded to the fullest extent permitted by law.
14.6 Any notice to be given by one of us to another in connection with or in accordance with these Terms will be considered properly given when sent to you by email in each case to provided by you or the email address displayed on the Website.