METEO CONSULT, simplified joint-stock company (SAS) with a registered capital of €225,890.00, whose registered office is located 1 rue Antoine de Baïf, Domaine de Marsinval -78540 - Vernouillet, France, registered with the Register of Companies of Versailles under the number 347 613 879, publishes a weather information website, which can be accessed at the following address: www.weathercrave.com (hereinafter referred to as the « Website ») for gaining access to various elements of information, as well as various additional products and services, as described below.
These terms of use, (hereinafter referred to by the abbreviation "TOS"), are governed by French law and are intended to govern use of the Website as well as the use of the various paid or free Services as defined hereunder. The browsing of the Website and/or registration for a Service automatically leads to express and unreserved acceptance of the TOS by the Website user.
The TOS in force may be consulted at any time on the Website and may be downloaded and printed.
In the event of default in respect of the present TOS, METEO CONSULT hereby reserves the right to take any measures to as to protect its best interests and notably to ensure performance thereof. METEO CONSULT may notably, in this regard, summons the Website user concerning its civil and/or criminal liability.
Any condition to the contrary not accepted by METEO CONSULT may not be enforced thereupon. In such instance as METEO CONSULT fails to claim performance of any of the present general terms and conditions, this shall not constitute relinquishment by METEO CONSULT from claiming performance thereof subsequently.
Article 1 - Definitions
Account : : refers to the space made available to the User registered on the Website, so that the latter can access the Services to which they have subscribed, after having identified themselves using their Access Codes.
Content : refers to all the information and publications available on the Website, including the general structure, texts, animated or non-animated images, videos, sounds and hypertext links that make up the Website; the distinctive signs, trademarks and logos that make up its brand guidelines; and the associated databases and their contents, including: textual or numeric data, graphs, tables, photos, videos, presentations and hypertext links.
Registration form: refers to the registration form with which the User can sign up in order to benefit from the free Services of METEO CONSULT.
Website : refers to all the content and services proposed by METEO CONSULT on its website, which can be accessed at www.weathercrave.com, whatever the section.
User : refers to any user registered on the Website.
Article 2 - Website Presentation
The Website offers the User the following, including but not limited to:
- the consultation of the content and meteorological information present on the Website
- various services, which provide access to specific and individualised and/or condensed content on the day's meteorological news and forecasts, to post online, store, share and comment on personal and collective content and/or to benefit from specific promotional services and offers (hereinafter referred to as « Service(s) »)
The Services include the following services:
- free Services that require registration, which is itself free, including a weathercrave.co.uk community space, that members can use to contribute to the weathercrave.co.uk website, have a personal space and interact with other members or access specific and individualised and/or condensed content on the day's meteorological news, etc. ;
In its capacity as Website publisher, METEO CONSULT is free to sell Website advertising space to advertisers of its choice. The User hereby recognises that it holds no right over this advertising space and shall refrain from making any request or taking any action in this regard.
Article 3 - Intellectual Property Rights of the Website
The User of the Website hereby refrains from reproducing and/or using the trademarks and logos on the Website, programmes and/or technologies provided in relation to the Website, as well as amending, copying, translating, reproducing, selling, publishing, operating and broadcasting in any digital or other format, all or part of the information, text, photos, images, videos and data on the Website, as well as that downloaded in the framework of subscriptions for digital products, which constitute works as defined under article L112-1 of the Intellectual Property Code.
Infringement of these fundamental provisions shall lead to the perpetrator and any other responsible people facing criminal and civil penalties for which provision is made by law.
METEO CONSULT hereby grants the User of the Website a private, non-collective and non-exclusive right to use its content. This right is limited to the right to print one or more articles and/or to save them on their computer (or other digital device such as a mobile and tablet) exclusively for their personal use. Any networking, re-distribution, operation in a professional or commercial context or any sale of the content to third parties, in any format whatsoever, is strictly prohibited notwithstanding any prior consent with METEO CONSULT. This is additionally the case for RSS flows and newsletters. People wishing to operate or use the content of the website in whole or in part within a professional or commercial context, including RSS flows in particular, are invited to contact METEO CONSULT at 1 rue Antoine de Baïf, Domaine de Marsinval -78540 – Vernouillet - France.
Article 4 - Liability of the User
4.1. General liability in the framework of use of the Website and information available on the Website
The User hereby uses the Website as well as the Services at its own risk and under its own liability. METEO CONSULT may under no instances whatsoever guarantee that the Website and Services do not suffer any interruption. The obligation to supply the Website and Services is limited to an obligation of means.
METEO CONSULT commits to doing their best within the recognised state of the art when developing their meteorological information. The Client accepts the characteristics and limitations of meteorology and specifically recognises:
- that the Client is solely responsible for the use they make of the information. As a result, METEO CONSULT cannot be held civilly liable towards the User, as a result of any express or tacit obligation, for any direct or indirect damages arising from the use of the information;
- that they are aware of the nature of meteorology and particularly its technical specifications and the uncertainties associated with this subject;
- that the Client shall be solely liable for communicating any of the elements of information;
- that the purchase of any meteorological information shall be deemed unconditional acceptance of the said information.
All photographs and illustrations accompanying the services on the Website have no contractual value and may not commit the liability of METEO CONSULT.
All Content, comments and other data on the Website are not intended to constitute advice on the basis of which a purchasing decision may be taken by the User. METEO CONSULT hereby relinquishes all liability as to the faith placed by the Website User in data and information, or by any other person who may be informed of this Content. The User should under no circumstances whatsoever consider Content or other information on the Website as exact or up to date, but should independently check this for all information.
METEO CONSULT and its partners may not be held liable for any damages, direct or indirect, consequential, special, ancillary, dissuasive which may result from errors, omissions or delays in the transfer of information on the Website, the loss of information or any problems arising during electronic payment for Services.
Similarly, the information which the User obtains from the Website or in the framework of Services proposed by METEO CONSULT, whether on the Website, by email or in the form of text message, shall not lead to any guarantee by METEO CONSULT. All information and data distributed on the Website are taken from the best sources and provided by way of information. Supply of this data may not be likened, in any manner whatsoever, to specific advice or for the purpose of assisting decision-making.
Photographs and text reproduced and illustrating the products presented are not contractual. Consequently, the liability of the Website may not be incurred in the event of any error in any of these photographs or texts.
Content proposed complies with French legislation in force. The liability of METEO CONSULT may not be incurred in the event of default in respect of legislation in the country of connection.
METEO CONSULT hereby warms the holders of parental authority as to the diversity of content available online, which may be likely to affect the sensitivity of minors or prejudice the latter. Parents are therefore encouraged to supervise their children at the time of connection.
Article 5 - Website Availability
In principle, the Website is accessible 24 hours a day/7 days a week, except in the event of a planned or unplanned interruption, for the purposes of maintenance or in the event of force majeure. Being subject to an obligation of means, METEO CONSULT may not be held liable for any damages, whatever the nature thereof, resulting from any lack of availability of the Website or several Services, or the presence of viruses on the Website.
Article 6 - Links
The Website includes information made available by external companies or hypertext links to other websites which have not been developed by METEO CONSULT. The existence of links on the Website to other websites does not constitute any approval of these websites or their content by METEO CONSULT. It is incumbent upon the User to use this information in a discerning and critical manner. The liability of METEO CONSULT may not be incurred due to information, opinions or recommendations formulated by third parties.
METEO CONSULT does not have any means to control these websites (and/or the products and services offered) and these sources, and does not respond as to the availability of such sites and external sources nor offers any guarantee there over.
METEO CONSULT does not appropriate the content to which these websites or sources provide access, and relinquishes all liability and guarantees concerning the content thereof.
Links are in part automatic and may not be verified by the staff of METEO CONSULT. If, however, on Website pages, there is a link towards an external page in which illicit content should be distributed by third parties, METEO CONSULT shall delete the link to said page, after having been duly notified of said content.
Article 7 - Registration and Access
For the purposes of benefiting from the Website Services, any duly registered User should create an account using a Subscription Form online for this purpose. The creation of an account on WEATHER CRAVE is intended for use by people aged 18 or over It may be used by people under the age of 18 under the supervision of an adult.
By subscribing to the service, users guarantee they are providing precise and up-to-date information concerning its identity and details. It notably undertakes to provide an email address for which it is the account holder. METEO CONSULT hereby reserves the right to refuse subscription or to suspend or close an account if it has any doubt as to this information. The web user hereby agrees to immediately notify METEO CONSULT of any unauthorised use of its account and any breach of the confidentiality and security of its means of identification by sending a letter to 1 rue Antoine de Baïf, Domaine de Marsinval -78540 – Vernouillet - France.
All web users may read articles and comments and, potentially, comment on these. Users remain free, at any time, to amend the content of personal data sent at this time. Immediately following validation of the form, the User received an email asking him/her to click on a link so as to confirm registration. Access to his/her Account may be undertaken by entry of a username or email address and associated Access Code, for which he/she shall solely ensure the confidentiality. Use of the Website following registration is valid for an unlimited period. METEO CONSULT hereby reserves the right to terminate use at any time, by email, in return for a reasonable notice. In the event of default in respect of the TOS by a registered User, its personal Account may immediately and without notice be deactivated temporarily or definitively, without prejudice for other rights of METEO CONSULT. METEO CONSULT additionally hereby reserves the right to delete any article or comment notified thereunto which should clearly breach rules indicated in the TOS or which should be notified by any third parties.
Article 8 - Contributions of the User
Users, when making a contribution, hereby accept without counterparty, that this be reproduced in whole or in part, in line with listing and formatting rules which shall be the sole and exclusive liability of METEO CONSULT. However, METEO CONSULT shall not be held liable for the content of contributions in general, including contributions of the User.
Listing, formatting and promotion tools are only included by way of a guide. These are intended to promote certain messages, but under no circumstances constitute any adhesion to the content, approval or deferral of liabilities. Messages left by Users on the Website express their opinions and not those of METEO CONSULT. Articles and comments are published under the sole and exclusive liability of the User concerned.
In the framework of contribution towards the Website content, using text, images, sounds, videos or comments, the User is bound to ensure respect of all legislative and regulatory provisions in force.
In particular, it hereby guarantees that the storage and distribution of this content via the Website does not constitute (i) an infringement of the intellectual property rights of third parties (notably articles, works, photos, creations, clips, television shows, short, medium and/or long films, animated or not, adverts, which the web user has not personally produced or for which it does not hold the necessary authorisation from third party holders of rights thereover), (ii) any harm to persons (notably defamation, insults, offences, etc.) and respect of the right of image and privacy, (iii) any breach of public order and good customs (notably, any acceptance of crimes against humanity, incitement to racial hatred, violent, pornographic content, etc.).
More generally, Users hereby undertakes to comply with the Participation Charter of METEO CONSULT, with it being indicated herein that all comments are subject to moderation. Failing compliance with the Participation Charter, content shall be refused or removed and/or the User account shall be deactivated without any prior formalities and/or civil and criminal proceedings taken against the User.
Given the community nature of the Website and out of a respect for the sensitivities of each individual, it is incumbent upon the User to be discerning and cautious concerning information posted online.
It is incumbent upon the User to supervise comments made concerning its articles and to notify comments which run contrary to the aforementioned provisions. Pursuant to article 6 (7) of Law no. 2004-575 of 21 June 2004 for confidence in the digital economy, METEO CONSULT shall implement a clearly visible mechanism and accessible to users of the Website, associating each content present on the Website, with a Notify link allowing for any abuse to be notified. Following receipt by METEO CONSULT of notification indicating any of the aforementioned infringements, the content concerned will immediately be deleted from the Website where applicable by notification toe the competent local authorities.
The Website may only be used by the User for personal and private users with the exception of any commercial use notably. The User shall not include in its contributions to the content of the Website, any documents, software or other data which may interrupt or damage the operation of the IT and/or telecommunication equipment of METEO CONSULT or other users of the Website, or which would enable unwarranted access to other websites. It shall additionally refrain from including in its contributions any hypertext links or comments which refer to any external sites which infringe the provisions under the present article.
Article 9 - Proof, Preservation and Archiving
The electronic records stored in the systems in keeping with accepted professional standards in the area of security, shall be considered as proof of the sending of emails, the sending of registration forms, the downloading of content, the publishing of content and the posting of comments. Storage of registration forms is undertaken on a medium which is able to ensure the faithful and sustainable character and for the term required by the legal provisions in force notably by 'Decree n° 2011-219 of 25 February 2011 pertaining to conservation and communication of data allowing for identification of any person having contributed to the creation of online content'. It is hereby understood that in the event of any discrepancy between the computerised registered of METEO CONSULT and the documents in paper or electronic format held by the user, the electronic registers of METEO CONSULT shall prevail.
Article 10 – Data collected
Personal data identified as compulsory on the Form is required so as to benefit from the functions of the Website and Services. This data is stored in a file declared with the National Data Protection and Freedom of Information Commission (CNIL) under deposit no. 1413483. This may be used by METEO CONSULT, pursuant to legislative provisions in force, for the purpose of direct canvassing to offer web users similar products or services to those for which the User is registered. In such instance as legal provisions should impose the specific consent of the User for communication of precise data, the latter may, at the time of registration, refuse to grant consent by clicking on a button to deactivate this. The agreement given by the User may also be revoked at any time by sending an email to the following address: 1 rue Antoine de Baïf, Field Marsinval -78540 - Vernouillet - France. This data is confidential. Consequently, pursuant to the Data Protection and Freedom of Information Act of 6 January 1978, the User has a right of access and modification of personal data concerning him/her self. They may exercise their right by email at the following address: 1 rue Antoine de Baïf, Field Marsinval -78540 - Vernouillet - France. This data must moreover be stored in line with the terms and conditions set forth under the terms of ; 'Decree n° 2011-219 of 25 February 2011 pertaining to conservation and communication of data allowing for identification of any person having contributed to the creation of online content'.
Certain personal services require that the User accepts installation of cookies. A cookie does not allow for identification of Users. They solely register information pertaining to browsing on a workstation (computer, tablet, telephone) on the Website (pages visited, etc.) which may be read for subsequent visits.
Supply of this information is essential so as to be able to benefit from certain services. METEO CONSULT respects the privacy of Users and complies strictly with all legislation in force concerning the protection of privacy and individual freedoms.
Article 11 - Applicable texts – Forum selection
These TOS are governed by French law. In the event of any dispute, the French Courts shall hold sole and exclusive jurisdiction.
Article 12 - Independence of clauses in the TOS
In the event of any of the provisions set forth under the present TOS being deemed invalid by virtue of any law in force, the User and METEO CONSULT hereby agree to renegotiate this in good faith so as to protect the economic position they held as closely as possible to that indicated under the provision deemed to be inapplicable.
If they should fail to replace this provision with one which is mutually acceptable and applicable, this provision shall be excluded from these presents and the remainder of the TOS shall be interpreted as if the provision was excluded and shall remain applicable.
Article 13 - Modification of the TOS
METEO CONSULT hereby reserves the right to adapt or amend the present TOS at any time. The new general terms and conditions shall be, where applicable, notified to the User by modification online.