1. Presentation of the site.
Pursuant to Article 6 of Law No. 2004-575 of 21 June 2004 on confidence in the digital economy, users of the bye-pain.com website are informed of the identity of the various parties involved in its creation and monitoring:
Owner: SEBASTIEN HEIM – France
The person responsible for publication is an individual or a legal entity.
Host: OVH SAS: 2 rue Kellermann – BP 80157 59053 ROUBAIX CEDEX 1 – France
2. General terms and conditions of use of the site and the services offered.
Use of the bye-pain.com website implies full acceptance of the general conditions of use set out below. These conditions of use may be amended or supplemented at any time, and users of the bye-pain.fr website are therefore advised to consult them regularly.
This site is normally accessible to users at all times. However, SEBASTIEN HEIM may decide to interrupt the site for technical maintenance purposes, in which case it will endeavour to inform users of the dates and times of the intervention in advance.
The bye-pain.com website is updated regularly by Bye Pain. Similarly, the legal notices may be modified at any time: they are nevertheless binding on the user, who is invited to refer to them as often as possible in order to read them.
3. Description of services provided.
The purpose of the bye-pain.com website is to provide information concerning all of the company’s activities.
Bye Pain endeavours to provide information on the bye-pain.fr website that is as accurate as possible. However, it may not be held responsible for omissions, inaccuracies or shortcomings in updating, whether these are its fault or the fault of third-party partners who provide it with this information.
All information provided on the bye-pain.com website is given for information purposes only and is subject to change. Furthermore, the information on the bye-pain.com website is not exhaustive. It is subject to modifications having been made since it was put on line.
4. Contractual limitations on technical data.
The website cannot be held responsible for any material damage linked to the use of the site. In addition, users of the site undertake to access the site using recent, virus-free equipment and with an up-to-date, latest-generation browser.
5. Intellectual property and counterfeiting.
SEBASTIEN HEIM is the owner of the intellectual property rights or holds the rights of use on all the elements accessible on the site, in particular the texts, images, graphics, logos, icons, sounds and software.
Any reproduction, representation, modification, publication, adaptation of all or part of the elements of the site, whatever the means or process used, is prohibited, except with the prior written authorisation of SEBASTIEN HEIM.
Any unauthorised use of the site or of any of the elements it contains will be considered as constituting an infringement and will be prosecuted in accordance with the provisions of articles L.335-2 et seq. of the French Intellectual Property Code.
6. Limitation of liability.
SEBASTIEN HEIM may not be held liable for direct or indirect damage caused to the user’s equipment when accessing the bye-pain.com website, resulting either from the use of equipment that does not meet the specifications indicated in point 4, or from the appearance of a bug or incompatibility.
SEBASTIEN HEIM may also not be held liable for indirect damage (such as loss of market or loss of opportunity) resulting from the use of the bye-pain.fr website.
Interactive areas (possibility to ask questions in the contact area) are available to users. SEBASTIEN HEIM reserves the right to delete, without prior notice, any content posted in this area that contravenes the legislation applicable in France, in particular the provisions relating to data protection. Where applicable, SEBASTIEN HEIM also reserves the right to hold the user civilly and/or criminally liable, particularly in the event of messages of a racist, insulting, defamatory or pornographic nature, whatever the medium used (text, photographs, etc.).
7. Personal data management.
In France, personal data is protected by law no. 78-87 of 6 January 1978, law no. 2004-801 of 6 August 2004, article L. 226-13 of the Criminal Code and the European Directive of 24 October 1995.
When using the bye-pain.com website, the following information may be collected: the URL of the links through which the user accessed the bye-pain.com website, the user’s access provider, the user’s Internet Protocol (IP) address.
In any event, SEBASTIEN HEIM only collects personal information relating to the user for the purposes of certain services offered by the bye-pain.fr website. Users provide this information with full knowledge of the facts, particularly when they enter it themselves. Users of the bye-pain.com website are then informed whether or not they are required to provide this information.
In accordance with the provisions of Articles 38 et seq. of Law 78-17 of 6 January 1978 on Data Processing, Data Files and Individual Liberties, all users have the right to access, rectify and object to any personal data concerning them, by making a written and signed request, accompanied by a copy of the identity document bearing the signature of the bearer of the document, and specifying the address to which the reply is to be sent.
No personal information of the user of the bye-pain.com site is published without the user’s knowledge, exchanged, transferred, assigned or sold on any medium whatsoever to third parties. Only the assumption of the repurchase of SEBASTIEN HEIM and its rights would allow the transmission of the aforementioned information to the possible purchaser who would be in turn held of the same obligation of conservation and modification of the data with respect to the user of the bye-pain.com site.
Databases are protected by the provisions of the Law of 1 July 1998 transposing Directive 96/9 of 11 March 1996 on the legal protection of databases.
8. Hypertext links and cookies.
The bye-pain.com site contains a number of hypertext links to other sites, set up with the authorisation of Rocket marketing. However, SEBASTIEN HEIM is not in a position to check the content of sites visited in this way, and consequently accepts no liability in this respect.
Browsing the bye-pain.com website may result in the installation of cookie(s) on the user’s computer. A cookie is a small file which does not allow the user to be identified, but which records information relating to the browsing of a computer on a site. The data obtained in this way is intended to facilitate subsequent browsing of the site and is also used to measure visitor numbers.
Refusal to install a cookie may make it impossible to access certain services. Users may, however, configure their computer as follows to refuse the installation of cookies:
In Internet Explorer: Tools tab (wheel-shaped icon at top right) / Internet options. Click on Confidentiality and choose Block all cookies. Confirm with Ok.
Firefox: at the top of the browser window, click on the Firefox button, then go to the Options tab. Click on the Privacy tab. Set the Retention Rules to: use personalised settings for history. Finally, uncheck it to deactivate cookies.
On Safari: Click on the menu icon (symbolised by a cog) in the top right-hand corner of the browser. Select Settings. Click on Show advanced settings. In the “Confidentiality” section, click on Content settings. In the “Cookies” section, you can block cookies.
In Chrome: Click on the menu icon (symbolised by three horizontal lines) in the top right-hand corner of the browser. Select Settings. Click on Show advanced settings. In the “Confidentiality” section, click on preferences. In the “Confidentiality” tab, you can block cookies.
9. Applicable law and jurisdiction.
Any dispute arising from the use of the bye-pain.com website is subject to French law. The competent courts of Paris have exclusive jurisdiction.
10. The main laws concerned.
Law no. 78-17 of 6 January 1978, as amended by Law no. 2004-801 of 6 August 2004 on data processing, data files and individual liberties.
Law no. 2004-575 of 21 June 2004 on confidence in the digital economy.
User: Internet user connecting to and using the aforementioned site.
Personal information: “information which enables, in any form whatsoever, directly or indirectly, the identification of the natural persons to whom it applies” (article 4 of law no. 78-17 of 6 January 1978).