Please read these Terms of Service (“Terms”) carefully before using the Ouest-France, live news mobile application (the “App”). By accessing or using the App, you agree to be bound by these Terms. If you do not agree to all of the terms and conditions contained in these Terms, you are expressly prohibited from using the App and must discontinue use immediately.
1. Acceptance of Terms
These Terms constitute a legally binding agreement between you (“you” or “User”) and the operators of the Ouest-France, live news App (“we,” “us,” or “our”). By accessing or using the App, you acknowledge that you have read, understood, and agree to be bound by these Terms, including our Privacy Policy, which is incorporated herein by reference.
2. Description of Service
The App provides you with access to live news, articles, videos, and other content related to Ouest-France and its news coverage (the “Services”). The content provided through the App is for informational purposes only and does not constitute professional advice.
3. User Conduct and Responsibilities
You agree to use the App in a responsible and lawful manner. You are solely responsible for your conduct while using the App and for any content you submit, post, or display on or through the App. You agree not to:
- Violate any applicable laws, regulations, or third-party rights.
- Engage in any activity that could damage, disable, overburden, or impair the App or interfere with any other party’s use and enjoyment of the App.
- Attempt to gain unauthorized access to the App, other users’ accounts, or computer systems or networks connected to the App.
- Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
- Transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature.
- Collect or harvest any personally identifiable information, including account names, from the App.
- Use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the App or its content.
- Engage in any form of spamming, phishing, or other unsolicited communication.
- Infringe upon our intellectual property rights or the intellectual property rights of others.
- Post or transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable.
4. Intellectual Property
The App and its original content, features, and functionality (including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software) are and will remain the exclusive property of us and our licensors and are protected by copyright, trademark, and other intellectual property laws.
You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the App for your personal, non-commercial use only. You may not reproduce, modify, distribute, transmit, display, perform, create derivative works from, or otherwise exploit any of the content of the App without our express written consent.
“Ouest-France” and the Ouest-France logo are trademarks of [Insert Legal Entity Name associated with Ouest-France]. You are not permitted to use these trademarks without our prior written consent.
5. Disclaimer of Warranties
THE APP AND ITS CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APP OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY INFORMATION PROVIDED THROUGH THE APP. YOUR USE OF THE APP IS AT YOUR SOLE RISK.
6. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE APP, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
OUR AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE APP SHALL NOT EXCEED THE AMOUNT YOU PAID, IF ANY, TO US FOR ACCESSING OR USING THE APP IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY.
7. Indemnification
You agree to indemnify, defend, and hold harmless us and our affiliates, officers, directors, employees, agents, licensors, and suppliers from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising from or relating to your access to or use of the App, your violation of these Terms, or your infringement of any intellectual property or other right of any person or entity.
8. Termination
We may terminate or suspend your access to the App immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the App will immediately cease.
9. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of [Choose the applicable jurisdiction – e.g., France, if Ouest-France is based there]. Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of [Choose the specific court jurisdiction].
10. Changes to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will make reasonable efforts to provide at least [Number] days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use the App after those revisions become effective, you agree to be bound by the revised terms.
11. Contact Information
If you have any questions about these Terms, please contact us at:
contact.appli@essentialwellnesstoolss.com
12. Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and us concerning the App and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us with respect to the App.
13. Severability
If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and the remaining provisions will remain in full force and effect.
14. Waiver
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
Important Considerations:
- Specificity: This is a general template. You may need to add specific clauses relevant to the Ouest-France, live news App’s functionalities, such as user-generated content features, subscription models (if any), or specific advertising practices.
- Legal Review: It is highly recommended that you have these Terms of Service reviewed by legal counsel to ensure they comply with all applicable laws and regulations in your relevant jurisdictions.
- Privacy Policy Link: Ensure you have a readily accessible Privacy Policy linked within the App and referenced within these Terms.
- Email Address Discrepancy: The email address provided (
contact.appli@essentialwellnesstoolss.com) seems unusual for a news organization like Ouest-France. You should verify this is the correct and intended contact email. If it belongs to a third-party developer or service provider, consider adding language clarifying the relationship. - Company Information: Consider including the full legal name and address of the entity operating the Ouest-France, live news App for further clarity and legal compliance.
- User-Generated Content: If the App allows users to post comments or other content, you will need specific terms addressing user-generated content, including moderation policies and content removal procedures.
- Push Notifications: If the App uses push notifications, consider adding a clause explaining their purpose and how users can manage them.