MountaiNow - General Conditions of Use
The General Conditions of Use (hereinafter referred to as "GCU") apply without restriction or reservation to all services offered by MountaiNow (mobile application and website, hereinafter referred to as "Application") and at any natural or legal person (hereinafter "Member" or "Members").
The Member acknowledges having read the GCU prior to its use of the Application. Ticking the box "I have read and accepted the General Conditions of Use" means the Member confirms having accepted expressly and unreservedly the present Conditions. The Member recognizes having accepted the present GCU before starting to use the Application. If the Member does not accept these GCU, then he/she/it is requested not to use the Application.
MountaiNow reserves the right to modify the GCU at any time without notice. Unless otherwise indicated, any modification becomes valid as soon as it is published on the MountaiNow website. The Member is requested to consult periodically the GCU to take notice of any modification.
MountaiNow provides an English translation of the GCU. The Member accepts that this translation is solely provided for the sake of convenience, and that any juridical question with MountaiNow would be dealt with on the basis of the authentic French version of the GCU (version provided on the website of MountaiNow). Should there be any difference between the French and the English versions of the GCU, the French original version (as provided on the website of MountaiNow) will always prevail.
ARTICLE 1. ACCOUNT CREATION
1.1. The Member must be an individual who accepted the GCU without reservation.
1.2. The Member guarantees to MountaiNow providing truthful information to date regarding his identity. He is committed to providing an effective email address to which he may be contacted.
Assuming that there would be legitimate or proven reasons for suspecting (i) a Member of intentionally supplying false or inappropriate information on mountain conditions (eg. advertisement or photos protected by third-party copyright without permission) or (ii) that the Application is misused (eg. unauthorized use of a Member's means of identification), MountaiNow reserves the right to suspend or terminate the corresponding User Account at any time and without notice.
1.3. Each Member may receive, as part of the registration process, to the email address given by him during registration, an email for activation of his account. In this case, the service will be fully accessible when the Member has executed the activation process described in this email.
ARTICLE 2. DISCLAIMER
2.1. The Application is made available to Members “as is” without warranty of any kind. In particular, no warranty is provided with regard to the availability and functioning of the Application, nor to the quality and accuracy of the information featured.
2.2. The owners, authors, contributors and developers of the Application disclaim any responsibility for accidents or other damage caused, directly or indirectly, by the use of the MountaiNow Application or website.
2.3. MountaiNow is not responsible vis-à-vis other Members, users and more generally third parties of: (i) errors, omissions, inaccuracies possibly found in the information provided by a Member; and (ii) material protected by copyright without permission and contributed to the Application. Anyone finding such erroneous information is asked to inform MountaiNow in the shortest possible time.
3.1. When registering on the Application, MountaiNow is led to ask the Member to transmit private data (name, city, country, email address, level of mountain experience, etc). They are archived in databases and used to identify the client as the account holder.
3.2. MountaiNow implements all necessary measures to prevent unauthorized access to this data and alteration or disclosure. This information is treated with the utmost confidentiality and is not sold or distributed.
MountaiNow reserves the right to use the content of its databases for its own internal communication (eg. technical incidents, new services) to its Members.
ARTICLE 4. INTELLECTUAL PROPERTY
4.1. Property of the Application "All Rights Reserved"
The site, application, brands, logos, icons, design, and other distinctive signs of MountaiNow and any software used in connection with the provision of services and the content of the Application (ie. any text, video, photography or any other information in any format and in any kind appearing on the Application – except those provided by Members) are the exclusive property of MountaiNow and are likely to subject to protection by copyright, trademark law or other intellectual property right.
4.2. License to use the content posted by Members
To enable the provision of the service and in accordance with the purpose of the Application, the Member grants MountaiNow a non-exclusive license to use the contents that he contributes through the Application (such as photographs) – should it be subject to intellectual property law. MountaiNow does not acquire any ownership rights to the contents provided by Members.
By publishing content on the Application, each Member agrees that it be disseminated through the Application and publicly accessible to third parties including other Members.
In order to enable the service, the Member authorizes MountaiNow to reproduce, adapt and translate the contents provided by him through the Application.
This license is granted for the world and for the duration of protection of intellectual property rights.
The administration of the Application has the right to edit or delete Member contributions.
Assuming a clear violation would be incurred to intellectual property rights on the Application, the person interested in what's right is preserved is invited to report this violation by contacting MountaiNow.
ARTICLE 5. JURISDICTION
The laws of reference in connection with any aspect of the services offered by MountaiNow (including mobile application and website) shall be the laws of Switzerland. The place of jurisdiction shall be Lausanne, Switzerland.