LEGAL NOTICES
- EDITOR – CONTACT
The website https://minuty.com/ ( hereinafter the "Site") is published by MINUTY SAS (hereinafter the " Company " or " we "):
- share capital: 273,000.00 euros
- registration number: 597 180 488 RCS Frejus.
- VAT number: FR73597180488
- Tel. No.: + 33 4 94 56 12 09
- head office address: 2491 route de la Berle – 83580 GASSIN
Publication Director : Marine GUERIN
For any questions regarding the Site, please send an email to the following email address: [email protected]
- HOST
The Site is hosted by Shopify Inc., a Canadian company registered on the TSX and NYSE
- Head office address: 150 Elgin Street Suite 800 Ottawa, Ontario K2P 1L Canada
- Tel. No.: 1-613-241-2828
- Registration number: Registration number 426160-7
GENERAL CONDITIONS OF USE OF THE WEBSITE
The use of the Site by any person (hereinafter " you " or "the user "), regardless of the purpose of their visit, is governed by these general conditions of use (hereinafter the " General Conditions of Use "). The purpose of the General Conditions of Use is to define the conditions of access, navigation and use of the Site.
By accessing and using the Site, you unreservedly accept the application of the General Conditions of Use.
We reserve the right to modify and/or update these General Terms of Use by publishing a new version on our Site. We therefore invite you to consult them regularly.
To access the Site, you must have reached the minimum legal age for consuming and/or purchasing alcohol according to the legislation in force in your place of residence (whichever is the higher). If there is no legal age in your place of residence, you must be at least 21 years old to access the Site.
1- NAVIGATION ON THE SITE
1-1 Access to the Site
The hardware and software required for access to the Internet and the Site are the responsibility of the users of the Site. The Company reserves the right, at its sole discretion, to suspend or terminate access to all or part of the Site, its content or services offered on the Site, without prior notice and, to the extent permitted by law, without this being likely to give rise to any compensation for the benefit of a user.
1-2 Hyperlinks
The Site may contain links to other sites or other Internet sources. To the extent that the Company cannot control these sites and external sources, the Company cannot be held responsible for the content, advertising, products, services or any other element available on these sites or external sources. In addition, the Company cannot be held responsible for any damages or losses (proven or alleged) resulting directly or indirectly from the use you make of the content, goods or services available on these other sites or external sources.
1-3 User behavior
Each user of the Site guarantees:
- be of legal age to consume and/or purchase alcohol according to the legislation in force in their place of residence;
- use the Site for lawful purposes, excluding any use for commercial purposes, except with the prior written consent of the Company;
- that, where applicable, the data he provides is accurate, sincere and up to date.
The User is prohibited from making any statements and/or acting or claiming to act in the name and/or on behalf of the Company, its subsidiaries and affiliates and their respective shareholders, directors, officers and employees, for any reason whatsoever.
Users must behave on the Site responsibly, lawfully, courteously and respectfully with regard to the rights of other users of the Site, the Company, its affiliates and third parties.
The user must in particular refrain from:
- upload to the Site, post, email or otherwise transmit any material that contains software viruses, or other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- disrupt or interrupt the operation of the Site, servers or networks connected to the Site or violate any requirements, procedures, rules or regulations relating thereto;
- harm or attempt to harm the operation of the Site, in particular by exposing the Site to a virus, causing an overload of consultation (bandwidth), overloading the server, sending "spam" or overloading the Site's messaging service;
- consult confidential information of the Company which is not intended for it or access a server or account operated by the Company and which the user is not authorized to access;
- seek to assess, ascertain or test the vulnerability of the Site, and/or breach the security or authentication measures of the Site without the prior written consent of the Company;
- engage in any illegal activity or any other activity that may harm the rights of the Company, its suppliers, providers, retailers, advertisers or other persons, and to encourage third parties to engage in such activities;
- upload to the Site, transmit, post or otherwise make available any unsolicited or unauthorized advertising or promotional materials, "junk mail", "spam", "chain letters" or any other form of solicitation;
- upload to the Site, post, email or otherwise transmit any content that the Company reasonably considers, in its sole discretion, to be unlawful, harmful, defamatory, offensive, racist, vulgar, obscene, threatening, violent, contrary to public morality, invasive of a person's privacy, derogatory or offensive, including from a racial or ethnic point of view, or any other objectionable content;
- send by email or transmit by any other means any content of the Site to persons who are not of legal age to consume and/or purchase alcohol in their place of residence or who reside in a place restricting or prohibiting the advertising of alcoholic beverages.
Each user agrees to comply with all applicable laws, rules and procedures relating to online user conduct and the transmission of technical data.
Where applicable, and to the extent permitted by law, the Company may terminate a user's right of access to the Site at any time if the user fails to comply with the obligations incumbent upon them under applicable law, the General Conditions of Use and/or any other document, without prejudice to the Company's right to claim damages.
1-4 Content published by users, if applicable
Users of the Site are solely responsible for the content they post on the Site (hereinafter the “ User Content ”) and the consequences of its dissemination, publication, transfer or availability. The Company does not endorse any User Content, including any opinion, recommendation or advice expressed by users on the Site, and disclaims all liability relating to User Content posted on the Site.
More specifically, we do not carry out any a priori moderation of User Content published in the participatory sections of our Site and the content of any form and nature integrated therein (text, sound, images, video, hypertext links, etc.) is published under the sole responsibility of each contributor, without our editorial responsibility being engaged as a result. However, we undertake to make access impossible to any User Content that has been notified to us as illicit within the meaning and according to the terms provided for by Law 2004-575 of June 21, 2004 on confidence in the digital economy (known as "LCEN"). In particular, you can report to us any User Content that you consider illicit. In addition, in the event that User Content could be generated on the Site, the Company reserves the right to decide a posteriori to remove any content that would encourage the consumption of alcohol by minors and/or the excessive consumption of alcoholic beverages.
Users retain all of their (potential) intellectual property rights to the User Content they publish in the participatory sections of our Site. Also, you acknowledge that the publication of User Content on our Site implies its display and access by all users and visitors of the Site.
Accordingly, by posting your User Content on our Website, you grant us a worldwide, royalty-free, non-exclusive, transferable license to use, copy, modify (for technical purposes) and display such User Content, but only to the extent necessary to enable us to access and disclose it to all visitors to our Site.
1-5 Report illegal content
Users may report any inappropriate content to the Company by sending an email to the following address: [email protected] .
2- PROTECTION OF THE CONTENT OF THE SITE
2-1 Content of the Company
The Site, taken as a whole, and each of its components (such as texts, tree structures, software, animations, photographs, illustrations, images, videos, diagrams, soundtracks, logos, trademarks, designs and models), including the software elements necessary for the operation of the Site, databases and newsletter (hereinafter the "Company Content") may contain confidential information and data protected by intellectual property law or any other applicable law. Thus, unless otherwise stated on the Site, the intellectual property rights on the Company Content are the exclusive property of the Company, or of third parties who have granted it a license, and the user is not granted any license or any right other than that of consulting them on the Site.
Any reproduction and use of copies of the Company Content made (in whole or in part) for commercial purposes, in any manner or form, is expressly prohibited.
The user is also prohibited from copying, modifying, creating a derivative work from, assembling, decompiling, assigning, sublicensing or transferring in any way any right relating to the Company Content or the Site.
2-2 Databases
The databases appearing on the Site are protected by the Intellectual Property Code and any extraction or qualitatively or quantitatively substantial reuse of the content of the databases present on our Site is punishable.
2-3 Brands and logos
The trademarks and logos appearing on the site are trademarks registered by the Company or by third parties. Any reproduction, imitation or use, in whole or in part, of these distinctive signs without express authorization and in violation of the prohibitions provided for by the Intellectual Property Code engages the responsibility of their author.
Other distinctive signs, including company names, trade names, signs, domain names reproduced on the Site are the property of the Company or third parties and any reproduction without express authorization is likely to constitute usurpation engaging the liability of its author.
3- PERSONAL DATA
The terms of processing personal data on the Site are defined by the Information Note on the processing of personal data & Cookies available on the Site.
4- RESPONSIBILITY
The Company cannot guarantee the accuracy, precision or completeness of the information made available to users on the Site.
The Company provides access to the Site free of charge and, to the extent permitted by law, declines all liability, including in the following cases:
- for any interruption of the Site;
- in the event of the occurrence of bugs, computer viruses, display or download errors;
- for any inaccuracy or omission relating to the Company Content available on the Site;
- for any damages resulting from fraudulent intrusion by a third party;
- and more generally for all direct and indirect damages, whatever the causes or consequences, which may occur following access to the Site and resulting from any information coming directly or indirectly from the Site.
5- APPLICABLE LAW AND COMPETENT JURISDICTION
The General Conditions of Use, as well as the Information Note on the processing of personal data & Cookies to which reference is made, are governed by French law.
Unless otherwise required by law, any dispute concerning the Content and use of the Site shall fall under the exclusive jurisdiction of the competent court within the jurisdiction of the Paris Court of Appeal, including in the event of an appeal on warranty, multiple defendants or summary proceedings or on application.