Terms of Service
These terms of service (“Terms”) governs the access and use of the website fitmaniya.ru (the “Website”). The Terms bind anyone who accesses to the Website (hereinafter “User”), including Users who have created an account on the Website (hereinafter “Member”).
fitmaniya.ru is published by BIGBIRD SAS (the "Publisher"), a simplified joint-stock company registered under French law − RCS Annecy nr 4802 434 456 − with a capital of 30,000 euros. The Publisher’s registered office is located at 17 avenue d'Albigny, 74000 Annecy, France. The Website is hosted by Ecritel, 51 rue Le Peletier, 75 009 Paris.
Accessing the Website implies the acceptance of the Terms. In addition, Members agree expressly to the Terms by creating an account on the Website.
The English version of the Terms is provided for information only. In case of discrepancies between the original French version and this translation, the original French version shall prevail.
ARTICLE 1.DEFINITION OF SERVICES
The Website is a search engine which sorts and ranks data publicly available on Twitter. It provides Users free access to the best tweets according to several subjects, plus time and spatial scales.
Members may also create customized lists of tweets
ARTICLE 2.ACCESS TO THE SERVICES
All Services provided by the Website are restricted to persons legally capable of contracting under French law.
Access to some services is subject to registration on the Website. Upon registration, the Member agrees to complete the registration form truthfully and providing accurate and complete information. The Member undertakes in particular not to use a false identity liable to mislead third parties.
To register, each Member must choose username and password allowing him to access the services offered by the Website. The Member is solely responsible for conserving and using his username and password. To protect Members’ data, passwords are encrypted. Therefore, Members may not recover their password in case of forgetfulness.
The Member shall ensure that his choice of username and profile picture does not violate third parties’ rights (notably does not constitute an unauthorized reproduction of a work protected by intellectual property rights), does not affect morality and does not constitute illegal content (i.e. apology of crimes against humanity, incitement to racial hatred, hatred of people because of their gender, sexual orientation or identity or disability, child pornography, incitement to violence and affront to human dignity).
3.1.Use and reliability of the Content
As a platform of treatment and analysis of content as published on Twitter, the Website includes links to other websites, articles, texts, photographs, infographies, videos and other contents or items from third-parties. These contents may contain inaccuracies, errors or omissions. The Publisher assumes no responsibility for any third-party content or content of the Website.
The User understands and accepts that use of the Website takes place under his sole responsibility, without recourse against the Publisher.
The Content on the Website is disseminated for information only. The Publisher assumes no responsibility for any use that may be made of the content he disseminates, and the consequences that may result.
3.2.Access to the Website
The Publisher strives to provide access to the Website round the clock, 7 days 7, except in cases of force majeure or an event beyond his control, under reserve of any breakdowns and maintenance necessary to the proper functioning of the Website and Services. The Publisher reserves the right to modify or interrupt his services, at any moment, without any justification.
The Publisher cannot be held liable for inability to access the Website or use of Services.
The User binds himself not to have an improper use the Website, for example by unauthorized access to the Website, to servers, computers or databases related to the Website, or by attacking the Website.
Article 4.Intellectual property
The Website and its components, including, but no limited to, texts, photographs, images and databases, plus the fitmaniya.ru logo and trademark are the exclusive property of the Publisher. Reproduction in whole or in part, in any form whatsoever, is strictly prohibited. Such reproduction may constitute counterfeiting in accordance with article L 335-1 et seq. of the French Intellectual Property Code and is punishable by a three years imprisonment and a 300 000 Euros fine.
The User has no intellectual property right on the Website, its services or its content. The User is not authorized to use the tweets provided by the Publisher, except if he get the express consent of the author of the concerned tweet. The User can only share the tweets, without modification, by email or via social networks.
Article 5.Personal Data
Information collected during registration on the Website are subject to a data processing intended for the proper performance of the services offered by the Website, registered with the CNIL under number 1838615. This data is never sold to thirds. However, it may be transmitted to Publisher’s commercial partners, with the express prior authorization of the Member concerned.
5.2.Right of access, correction and objection
In accordance with the "Informatique et Libertés" law of 6 January 1978 amended in 2004, Members have a right to access and rectify their information. They also have the right to oppose, for legitimate reasons, the processing of their data. These rights may be exercised by mail (Bigbird SAS, 17 avenue d'Albigny, 74000 Annecy, France) or by email ().
Navigation on the Website is likely to cause the implantation of cookies on the terminals of Users: Advertising Cookies, Sharing Cookies and Audience measurement Cookies.
These cookies are not posted by fitmaniya.ru. Issuance and use are subject to the cookies’ policies of people who post them. Only those third parties are able to access the information they contain. The Publisher does not pass on this occasion any of the User’s personal data.
Article 6.Terms’ evolution
The Publisher reserves the right to update these Terms at any time without notice, in order to adapt them to changes in the Website, its operation or legislation.
Therefore, Users have to read regularly the Terms in force and to cease use of the Website in the event of disapproval to the Terms in force.
Article 7.Applicable Law
Both the Website and its conditions of use are governed by French Law, whatever is the place of use. In case of any dispute, and after the failure of all attempts at finding an amicable solution, the French courts of the registered office will have jurisdiction to hear the dispute.
Last update : 2016-12-01