Simplified joint stock company with a share capital of 46,537.20€
RCS Paris 492 909 007
Registered office: 54 rue de Paradis, 75010 Paris, France
To contact us: [email protected]
Director of publication:
Limited liability company
RCS Aix-en-Provence 445 005 812
Registered office: 2 avenue des Déportés de la Résistance, 13100 Aix-en-Provence, France
Terms of Service
This Agreement is between you and Holidog (Holidog, we or us).
By using The Holidog Times, you signify that you agree to this Agreement.
Please print and/or save a downloaded copy of the Agreement on your computer for your reference. The terms of this Agreement may be updated or additional terms may apply, from time to time. Each time you visit The Holidog Times please look out for these notices of updates and when you see these read and print and/or save a downloaded copy. Your continued use of any of The Holidog Times will be taken as your consent and agreement to any changes or updates we may make to this Agreement.
As protecting your privacy is important, we would like you to have a clear understanding of how your personal information will be used when you use The Holidog Times.
1. Personal Information
1.3. Holidog and any third parties acting under our control may use your Personal Information (including demographic data) to personalise the content, advertising and promotions you receive and where you have consented to receive them, our communications with you, Holidog may do this by finding out which advertisements you react to or the areas of The Holidog Times which you visit most frequently, or searches you perform when using The Holidog Times, and tailoring your experience accordingly. We may also process Personal Information relating to the transactions you enter into with us or our partners, such as online merchants, through The Holidog Times.
1.5. Holidog Group Companies may keep you informed of their respective products and services (including special offers, discounts, offers, competitions). Holidog Group Companies may also keep you informed by post, telephone, email, SMS, and MMS of such products and services offered by third parties selected by Holidog which may be of interest to you. Holidog or Holidog Group Companies will only send you third parties’ marketing information with your informed consent.
1.6. Your Personal Information, including content that relates to your Personal Information (for example, email communications, comments, instant messages, etc) may be disclosed if we or an entity processing your data on our behalf are compelled to do so by law, or receive a valid, legally compliant request by a law enforcement or governmental authority. If you provide us a third party’s billing or payment card information, we may disclose your name and address, and data relating to payments made by that payment method, to such third parties.
1.7. If you provide us with payment or billing information (such as a payment card number), you agree that Holidog Group Companies and its authorised data processors shall have the right to collect, store and process those details and any related Personal Information for the purpose of providing, maintaining, billing, fulfilment, monitoring usage of and making service improvements to The Holidog Times.
1.9. We encourage you to tell us what your marketing preferences are for your Personal Information. Unless and until you opt-out, your name and contact details may be (a) used by Holidog Group Companies for a reasonable period after your use of The Holidog Times ceases, and (b) passed to selected third party suppliers of goods and services and advertisers for 6 months after you cease to be a user of The Holidog Times, for marketing goods and services to you.
2. Third Party Content Available Through The Holidog Times
Through use of The Holidog Times you will be able to access a wide variety of enhanced content and services provided by Holidog or its affiliates. You may also be able to access content and services provided by third parties that is available on or linked to via The Holidog Times (Third Party Content). Holidog is not responsible for Third Party Content. Any issues or disputes relating to Third Party Content should be taken up directly with the applicable third party and you acknowledge and agree that Holidog shall not be liable, directly or indirectly for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any Third Party Content, goods or services available on or through The Holidog Times. Further, any dealings that you have with advertisers on The Holidog Times are between you and the advertiser and you acknowledge and agree that we are not liable for any loss or claim you may have against any advertiser.
3. Your Responsibilities
3.1. You are responsible for compliance with this Agreement in your use of The Holidog Times. You may use The Holidog Times for lawful purposes only. You may not submit, download or transmit any material (including User Generated Content or Video Content, as defined below in Clause 10.1), or otherwise engage in any conduct that:
3.1.1. breaches any third party’s rights including, without limitation, copyright, patent rights, trade mark rights, performer’s rights, rights of confidence;
3.1.2. is unlawful, offensive, threatening, abusive, harassing, defamatory, deceptive, fraudulent, invasive of another’s privacy, tortious, or contains explicit or graphic descriptions or images, or accounts or images of, sexual acts;
3.1.3. victimises, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
3.1.4. impersonates any person, business or entity, including Holidog and its employees and agents;
3.1.5. contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorised use of or access to a computer or computer network;
3.1.6. encourages conduct that would constitute a criminal offence, or that gives rise to civil liability;
3.1.7. promotes or sells prohibited items such as lotteries, betting or wagering activities, ammunition, firearms, tobacco, alcohol, adult products and services, and explosives;
3.1.8. violates this Agreement, acceptable usage guidelines or any policy posted on The Holidog Times, or
3.1.9. unjustifiably interferes with the use of The Holidog Times by others, or
3.1.10. solicits or encourages advertisements of business.
You may not use The Holidog Times in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party’s use and enjoyment of The Holidog Times. You may not attempt to gain unauthorised access to The Holidog Times, user accounts, computer systems or networks, through hacking, password mining or any other means. We may use any legal and technical remedies available to us to prevent any breach or enforce this Agreement and reserve the right to remove or not publish any Content without prior notice.
4. Changes to The Holidog Times
We may change or discontinue The Holidog Times any time without notice.
5. No Spam
You may not use any of The Holidog Times or communication tools to transmit, directly or indirectly, any unsolicited bulk communications (including emails and instant messages). You may not harvest information about users for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications. We may use any legal or technical remedies available to us to prevent unsolicited bulk communications from entering, utilising, or remaining within networks.
6. Access Costs
You must provide at your own expense the equipment and internet connection that you will need to access The Holidog Times.
7.1. Certain areas of The Holidog Times may allow you to post text, messages, images, audio and video, software and/or other information (User Generated Content) that can be accessed and viewed by others. You may not post User Generated Content that violates this Agreement or any other terms governing usage of The Holidog Times. We do not claim ownership of any User Generated Content that you may post. However, by submitting User Generated Content to public areas of The Holidog Times, you grant us and our affiliates on a perpetual basis a non-exclusive, royalty-free licence to use, copy, display, perform, distribute, adapt, store, market and promote the User Generated Content in any medium and you agree that we may sub-license the User Generated Content to third parties.
7.2. In addition to clause 10.1.1 above, with respect to any video User Generated Content (Video Content) you may post, from time to time, you agree that (unless you and we agree otherwise) we may , or may permit users to, based solely on functionality provided and enabled by our website, compile, re-edit, adapt or modify your Video Content, or create derivative works therefrom, either on a stand-alone basis or in combination with other Video Content, and (unless you and we agree otherwise), you shall have no rights with respect thereto and we, and our affiliates shall be free to display, publish and distribute the same (as so complied, re-edited, adapted, modified or derived) for any period.
7.3. By posting any User Generated Content or Video Content (Content) anywhere on The Holidog Times in addition to your responsibilities set out in clause 5 of this Agreement, you agree, represent and warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all such Content to enable inclusion and use of such Content in the manner contemplated by us and this Agreement; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in such Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of such Content in the manner contemplated by us and this Agreement.
7.4. We have no duty to pre-screen User Generated Content, but reserve the right to remove such content if in our absolute discretion it contravenes this Agreement or any other requirements governing the posting of such content.
7.5. The copyright in all content (including but not limited to all individual articles, blogs, videos, and other elements comprising The Holidog Times) on The Holidog Times, except User Generated Content and Video Content, (Holidog Times Web Content) is the property of Holidog, its affiliates and/or its licensors. You may only use Holidog Times Web Content for personal, non-commercial purposes and in accordance with any additional terms and conditions which you may be notified of in relation to specific Holidog Times Web Content. You may not circumvent any mechanisms for preventing the unauthorised reproduction or distribution of Holidog Times Web Content.
7.6. Your Use of the Holidog Times Web Content displayed via www.holidogtimes.com is restricted:
(a) Unless expressly permitted, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works from, transmit or in any way exploit any part of The Holidog Times or any content thereon, except as permitted under the last sentence of this Section 10.4(a) and except that you may make one print copy that is limited to occasional articles of personal interest only. Without limiting the generality of the foregoing (but subject to the last sentence of this Section 10.4(a)), you may not distribute any part of The Holidog Times or any content thereon over any network, including, without limitation, a local area network, or sell or offer it for sale. In addition, these files may not be used to construct any kind of database. Just as we from time to time excerpt materials from other sources in order to support the various commentaries and writings contained herein, we respect the right of others to make “fair use” of the materials contained on our site; accordingly, you may from time to time excerpt and use materials set forth on this site consistent with the principles of “fair use”.
7.7. Opinions and other statements expressed by users and third parties (e.g., bloggers) on www.holidogtimes.com are theirs alone, not opinions of Holidog. Content created by third parties is the sole responsibility of the third parties and its accuracy and completeness are not endorsed or guaranteed. You acknowledge that by providing you with the ability to view and distribute content through The Holidog Times, Holidog is not undertaking any obligation or liability relating to the content. Holidog and its affiliates, successors, assigns, employees, agents, directors, officers and shareholders do not undertake or assume any duty to monitor The Holidog Times for inappropriate or unlawful content. Holidog and its affiliates, successors, assigns, employees, agents, directors, officers and shareholders assume no responsibility or liability which may arise from the content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation. Notwithstanding the foregoing, Holidog reserves the right to block or remove communications, postings or materials at any time in our sole discretion.
8. Our Liability to You
8.1. The Holidog Times is provided without warranties of any kind and your use of The Holidog Times is at your sole risk. Holidog will, however, use reasonable skill and care to provide and maintain the availability of The Holidog Times. Holidog and its affiliates expressly exclude any warranty, representation or undertaking that you will be able to access or use The Holidog Times at times or locations of your choosing. Holidog depends upon third parties over which it may have little or no control for the delivery of The Holidog Times (for example, to deliver emails sent to and from internet addresses). Holidog is not liable for deletion, corruption or failure to store any email messages or other content. Holidog does not warrant that The Holidog Times will be free from any virus, worm, Trojan horse or other program or device that is apparently intended to access and modify, delete or damage data files or computer programs. The Holidog Times is a consumer service and not designed to be used by you in connection with the conduct of your, or your employers’ or contractors’, commercial activities. If you choose to do so, it is entirely at your own, and your employer’s or contractor’s, risk.
8.2. Holidog shall not be liable for any loss not reasonably foreseeable by Holidog when this Agreement is entered into, nor for any loss of data, profit, revenue or business or wasted expenditure, howsoever caused, arising from your use of The Holidog Times or for any other claim related in any way to your relationship with Holidog. Holidog does not endorse, warrant or guarantee any product or service offered by a third party, and will not be a party to, or responsible for monitoring, any transaction between you and such a third party. We shall not be liable for any failure or delay in performance of our obligations under this Agreement caused by matters beyond our reasonable control.
8.3. Without limiting the above paragraph, the liability of Holidog under or in connection with this Agreement or your use of The Holidog Times (whether arising in negligence or otherwise) will not under any circumstances exceed £500, regardless of the cause or form of action. Your statutory rights are unaffected.
You agree to defend and indemnify harmless Holidog and Holidog Group Companies against all liabilities, claims and expenses, including reasonable legal fees that arise from any infringement of third party intellectual property or other rights resulting from any breach of this Agreement for which you are responsible. Holidog reserves the right, at its own expense, to assume the exclusive defence and control of any matter subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification for Holidog in that matter.
We do not charge you for use of The Holidog Times, and as a consequence, we may cancel or suspend use of The Holidog Times at any time, without cause and without notice.
11. Changes to this Agreement
We may change this Agreement from time to time. We will post the updated Agreement on The Holidog Times, and it will take effect immediately or on a date which is nominated in the posting or a in a notice we send to you. Your ongoing use of The Holidog Times after the changes take effect signifies your agreement to the updated Agreement. You are responsible for regularly reviewing this Agreement and any additional terms posted on The Holidog Times.
12. Contacting Holidog and Disputes
12.1. If you have a comment or complaint about The Holidog Times, please contact: [email protected]
12.2. If you are a copyright owner or agent thereof and you believe that any of the Holidog Times Web Content on www.holidogtimes.com infringes upon your copyright please contact: [email protected]
You agree that we may send to you in electronic form any notices, disclosures, reports, documents or other communications relating to The Holidog Times (collectively, Notices). We can send you Notices to the email address that you provided to us during registration for this purpose. Any Notice from us shall be deemed effective the day after it is sent or posted by us.
14. Entire Agreement
This Agreement, together with other documents and agreements referred to or entered into under it, constitutes the entire agreement between you and us relating to The Holidog Times. Note that separate terms and conditions may govern your use of other services we provide.
15. Jurisdiction and Choice of Law
This Agreement is governed by the laws of England and Wales. You and we submit to the non-exclusive jurisdiction of the courts of England and Wales in relation to any dispute arising out of this Agreement.
We may assign this Agreement to any third party, which is to provide The Holidog Times (or part of them) at any time without Notice to you. You may not assign this Agreement to any one else.
17. Third Parties
You agree that this Agreement is not intended to confer and do not confer any rights or remedies upon any person other than the parties to this Agreement, whether under the Contracts (Rights Of Third Parties) Act 1999 or otherwise.
The invalidity, illegality or unenforceability of any provision of this Agreement shall not affect or impact the continuation in force of the remainder of this Agreement.
19. No Waiver
If you or we fail to exercise any right or remedy under this Agreement, that failure won’t operate as a waiver of that right or remedy, or prevent it from being exercised subsequently.