General Terms of Use

WEBSPORT & NETWORK, a French simplified joint-stock company with a € 15,000 capital and registered at Paris’ RCS under the number 803 717 446, whose registered office is at 10, rue de Penthièvre - 75008 Paris (hereinafter referred to as «the Owner »), operates a community website aiming at gathering tennis players wishing to share about their common passion, to look for a tennis partner and sell or buy goods (hereinafter referred to as « the Service »), accessible at the address http://www.tennis-contact.com (hereinafter referred to as « the Website »), for the use of private people. The Service is offered free of charge to the Users.

The Website is not meant to be used by professionals. It is prohibited to offer services or products for sale on the Website or using the Website in a professional framework, and to promote anything in any manner. In the event that professionals wish to put an ad on the Website, or on a more general way promote a service or a product, they will need the prior written approval from the Owner to do so, and need to have all legal authorizations to practice.

It is prohibited to use the Website to promote or publish any promotional offers from rivals (including rivals’ websites). More generally, it is prohibited to use the Website for the sake of diverting members from this site to another one or to any rival service.

Creating an account on the Website entails irrevocable acceptance of these Terms of Use, of which every User acknowledged having taken full notice. The Owner reserves the right to modify the Terms of Use at any time and in its sole discretion. The effective Terms of Use are the ones published on the Website at the moment when the User accepted them electronically.

By accepting the Terms of Use, the User warrants to be over 18 with a full legal capacity, or to have the consent from their parents or guardians, to create an account and access to the Service.

The Owner provides a copy of the Terms of Use on a durable medium that can be downloaded on its Website at any time. The User also agrees to receive any information regarding the execution of the present Terms of Use by e-mail. The User reckons that the acceptance of the Terms of Use is made online and doesn’t require any written signature.

1. Purpose

The present contract describes the Terms of Use of the Website and the Service.

2. Definitions

--------------------

« User » means any natural person of full age or with a parental permission, acting for non-professional purposes, visiting the Website or having created an account on the Website to access the Service and notably reply to an offer or, as a publisher and under its own responsibility, publish an offer on the Website. Users can be persons acting for professional purposes, provided that they obtained the prior written approval from the Owner to publish an Offer.

« Offer » means all elements, notably texts, photographs and videos published on the Website by the User, to notably look for a tennis partner, sell or buy a good, and offer a service.

3. Entry into Force and Duration

The present Terms of Use come into force from the date of approval by the User on the Website, and shall survive until extinction of the rights and obligations of one of the parties.

4. The Offers

4.1 Offers’ Dissemination Rules on the Website

It is strictly prohibited to publish illicit Offers or breaching thirds’ rights, or to engage in infringing activities on the Website. Failing to do so and as soon as the Owner will have taken notice of it, the User’s account will immediately be closed by the Owner and might be subject to civil and criminal prosecution.

It is notably strictly prohibited to publish an Offer or any other content:

  • Offering for sale illicit goods;
  • Offering for sale counterfeit goods;
  • Offering for sale goods or services for professional purposes, without prior written approval from the Owner;
  • Offering a tennis game against compensation for non-professional purposes;
  • With homophobic content prompting to hate and violence, being sexist, insulting, defamatory, making the apology of crimes against humanity, prompting to racial hate and pornography.
  • With photographs or videos not related to the Offer content;

The User acknowledges to have obtained all required authorizations before publishing on the Website photographs and videos supporting the Offer content. Therefore, the User warrants the Owner against all actions or claims regarding the publishing of photographs and/or videos on the Website, coming from any third party alleging the infringement of any right, notably the non-compliance to image rights and right to privacy, or a counterfeit act, and will cover all costs related to it and all damages decided by an enforceable court judgement.

The User undertakes not to put hypertext links to another Internet website and not to publish any message for advertising purposes on the Website’s pages and notably on his/her user profile, without prior written authorization from the Owner.

The Offer for selling goods must be precise enough and describe all of the goods to be sold separately. The User warrants to being the owner of the goods offered for sale on the Website.

As a publisher, the User assumes full responsibility for the Offers and contents he/she publishes on the Website. The User is responsible for the truthfulness of the Offers published, and for updating them.

4.2 Steps to publish an Offer on the Website or answer to it

In order to publish an Offer on the Website, the User should follow these steps:
1/ The User should create an account on the Website by filling in a form, or log in to his/her account « My Account » with the matching user name and password in the event that an account has already been created.
2/ In order to confirm the creation of an account and answer an Offer, the User shall agree with the present Terms of Use by ticking the box « I have read and accept the Terms of Use » .
3/ Once the User has written an Offer and confirmed it, he/she will receive a publishing confirmation.

No payment shall be made on the Website about goods selling or services offering.
Once the Offer has been published on the Website, the seller or the buyer will directly get in touch with the User, which contact infos are displayed by the User in the Offer. The transaction succeeds directly between the seller and the buyer. The Owner will never be part of the transaction.

In order to answer to an Offer on the Website, the User shall follow these steps:
1/ The User should create an account on the Website by filling in a form, or log in to his/her account « My Account » with the matching user name and password in the event that an account has already been created.
2/ In order to confirm the creation of an account and answer an Offer, the User shall agree with the present Terms of Use by ticking the box « I have read and accept the Terms of Use » .
3/ The User can then answer to an Offer on the Website, and shall directly get in touch with the User, which contact infos are displayed by the User in the Offer.

In no case does the Owner interfere in the relationship between the User and all other person replying to the Offer.

The User warrants the Owner the truthfullness of the information provided when creating an account and the ones provided in the Offer.

The Users commit themselves to updating their email addresses, for it to always be valid.

The Users are aware that they retain bear the costs of telecommunications allowing them to access the Internet.

The Users commit themselves to protect and keep secrets their usernames and passwords. The Users commit themselves not to communicate their usernames and passwords to any other person. The Users shall immediately inform the Owner about any password being lost or stolen. The User is aware that any transaction operated using his/her own username and password is considered being made under his/her sole and entire responsibility.

5. Sharing photographs and videos on social networks

The User can be asked to send the Owner photographs or videos, for him to publish them on the Website, or on the « tennis-contact » page created on social networks. Accepting the present Terms of Use, the User allows the Owner to publish, free of any costs, photographs and videos on the « tennis-contact » page created by the Owner on social networks such as Facebook, Twitter and Instagram. The User commits himself/herself to have obtained from the Owner all publishing authorizations required for photographs and videos on social networks, and notably to have obtained the authorization from the people shown on the photographs or videos, and from the authors of the photographs or videos. Therefore, the User warrants the Owner against all actions or claims regarding the publishing of photographs and/or videos on the Website, coming from any third party alleging the infringement of any right, notably the non-compliance to image rights and right to privacy, or a counterfeit act, and will cover all costs related to it and all damages decided by an enforceable court judgement.

The User can put an end to the present publishing authorization at any time by sending a request to that effect to the following email address: service.partennaires@tennis-contact.com

6. Responsibility

The Owner has a Host Status according to the French 2004-575 law on confidence in the digital economy from 21 June 2004 and is not responsible for the contents published on the Website.

The User is welcome to immediately inform the Owner about any illicit Offer or activity that would have been noticed on the Website, for the Owner to take necessary measures to:

  • Promptly delete the illicit Offer or the account from the person having published illicit content or having engaged in any illicit activity,
  • And inform, as the case may be, the public and legal authorities responsible for legal prosecutions.

To do so, the User should click on the link provided for the purpose on the Website.

The Owner being a platform aiming at gathering Users, and not being involved in the relationship between Users of any kind, he denies all responsiblity in case of a dispute between Users, without regard for the nature and the cause, for example in the event that the seller wouldn’t receive the payment due for the good sold or in the event that the buyer wouldn’t receive the good purchased. The Owner also denies all responsibility in case of a dispute between a professional offering goods and services on the Website and another User.

7. Partner Services

The User can access through hypertext links or advertising banners available on the Website, in his/her private or public space, to websites owned by third partners. The goods and services offered by these thirds are offered with complete independence and under the sole responsibility from the third parties.

The Owner should not be held responsible for the content on the thirds websites, accessible through links available on the Website, nor for the services and goods offered on the thirds websites. Indeed, the third parties are the sole co-contractors with the User for the goods and services offered.

The Owner denies all responsibility in the event that goods and services offered by these thirds would be breaking the legal provisions in force.

8. Intellectual property

The Website and its content, notably brands, logos, pictures, drawings, texts, photographs, graphic charts, data bases are the sole property , full and total, of the Owner, or of all other third person whom it may belong to. All copy, representation, diffusion, exploitation, commercialisation, utilization of any of the elements displayed on the Website, or of any other part of the Website and its content, is strictly prohibited.

The User refrains all act of counterfeiting, disloyal or parasitic competition against the Owner, and refrains from slandering or depreciating the Owner.

9. Personal data

The User is informed that personal data shared when creating the account or on the Website are subject to a processing by the Owner for user accounts management or users relationship follow-up purposes; for roll-out of commercial operations; for compiling statistics; for locating users files to thirds purposes, notably for promotions, advertising or event campaigns.

This data collection and processing arrangement has beendeclared to the CNIL, France's national data protection agency. The data are for the use of the Owner and the Owner’s partners, who can process them, notably for commercial prospection, which is agreed by the Users.

The Owner reserves the right to send the User a newsletter or offers related to the services offered on the Website, per email, sent to the address indicated by the User on the Website. In the event that the User doesn’t wish to receive newsletters or offers anymore, it is possible to unsubscribe at any time by clicking on a hyperlink provided for the purpose in the email sent for the newsletter or the offer. In the event that the Users gave their consents to do so, partners of the Owner can address them commercial offers.

In accordance with the Information Technology and Civil Liberties Act of 6 January 1978, the User has a right to access, modify and request the erasure of any data of a personal nature, that can be done at any time on the personal space on the Website.

The User is informed about the use of cookies measuring audience and enabling to remember the login data on the computer used. The User can decline the use of cookies by clicking on the banner opening when landing on a page of the Website allowing the use of cookies. Keeping on using the Website implies the agreement to become cookies on the terminal used. In the event that the Owner declines cookies use, the Website’s functionalities might be diminished but its use will still be possible.

10. Hypertext links

The insertion of a hyperlink towards the Website needs to obtain the prior written approval from the Owner.

11. Suspending or deleting a user account

All User who would contravene to the present provisions, and notably to the offers publishing rules on the Website, might have his/her account temporarily suspended or definitely deleted by the Owner according to the seriousness of the failure.

12. Force majeure

The obligations of the Owner will be suspended in case of force majeure, without the User to entail the Owner’s responsibility.

Are considered expressly as constituing case of absolute necessity or fortuitous occurence, besides the ones usually retained bz the decisions of French courts and tribunals: total or partial strikes, internally or externally to the company, notably postal services, lock-outs, bad weather, plagues, earthquakes, fire, storms, floods, water damages, blocking or faulty telecommunications means, blocking or faulty Internet, legal or governmental restrictions, legal or regulatory amendments of forms of marketing, and all other case independent of the express will of the parties restraining the normal execution of the present contract.

13. Limits of the Internet

The User acknowledges having read about the characteristics and limits of the Internet, the possible presence of virus, and the possible misuse of the User’s data due to acts of piracy, for which the Owner shouldn't be held for responsible. Same applies in case of access difficulties to the Website or dysfunction of the Website, notably related to acts of piracy. The Owner reserves the right to interrupt the services because of maintenance operations, and shall not be deemed as responsible for this.

14. Changing the Website and its content

The Owner reserves the right to modify or delete, at any time, all or part of the Website and/or of the Service, without it to give right to compensation to the User.

15. Convention of proof

The User reckons and accepts that all information contained in the Owner's computing systems have the same conclusive force as paper documents, dealing with the agreement of the present Terms of Use. The storage of electronic documents is made on a reliable and durable medium that can be produced as evidence.

16. Independence of the provisions of the Terms of Use

Should any of the provisions of the present Terms of Use be declared invalid or unenforceable nulle ou inapplicable due to a judgment or the application of a low or a regulation, all other provisions of the present Terms of Use shall remain in force.

17. Translation of the Terms of Use

In case of an inconsistency or a contradiction between the French version of the present Terms of Use and its possible translation, the French version will prevail in all provisions.

18. Applicable law

The present Terms of Use are subject solely to French law.

In the event that the User is a private person, he is informed about the possibility to undertake, in case of a contest, a conventional mediation procedure or any other alternative dispute resolution mode aiming at resolving amicably the issues, or to , la résolution amiable du différend, or to appeal a competent court.

IN THE EVENT THAT THE USER IS A PROFESSIONAL, HE IS INFORMED THAT ALL DISPUTE RELATING TO THE PRESENT TERMS OF USE , THE PLACEMENT OF ORDERS, ITS PAYMENT OR ITS EXECUTION WILL BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE COURTS OF PARIS, NOTWITHSTANDING NONOBSTANT A PLURALITY OF DEFENDANTS OR GUARANTEE CALL, INCLUDING URGENT PROCEDURES AND PROTECTIVE MEASURES IN A SUMMARY PROCEDURE OR PETITION.



Owner: Société OVH - 2 rue Kellermann - 59100 Roubaix – France.

Declaration CNIL N°: 1876416

Responsible for publishing : Pascal Faccendini.