Babytime™ Terms of Use™

General

These Terms of Use apply to all content and services offered by Oxygenbay. The User declares and acknowledges the Terms and Conditions of use, and is committed to fully respect them unconditionally and without restriction. Oxygenbay reserves itself the right to modify all or part at any time these Terms of Use. The User acknowledges and understand the Internet and its limitations, including its functional and technical performance, risks of interruption, the response times for consulting, querying or transferring information, risks, whatever they may be inherent in transfer of data including open network and more generally to any connection on the network.

Definitions

Customer, User or Visitor: individual browsing the Website or adult individual or corporation to the service of Oxygenbay and using the Oxygenbay website features or software.
Publisher: Society Oxygenbay - 2, rue Claude Chappe - 34000 Montpellier - France.
Application: the Babytime application, is protected by a password, and made available to Customer during the term of their subscription.

Subject of contract

These Terms of Use are intended to define the terms and conditions under which Oxygenbay provides its products and services. They govern the contract between the company Oxygenbay defined as the editor and also called the User, Customer or Visitor.

Intellectual property and copyright

This contract is not a contract of sale of the Babytime application. It contains no assignment or transfer of intellectual property for the benefit of the Client. The contents of all types (text, images, animations, videos, ...) which appear or are available on Babytime websites and the Babytime application are protected under copyright and other intellectual property rights and are the property of their respective owners. The Babytime website databases are the property of Oxygenbay and are protected by the provisions of the Act of July, 1st, 1998 transposing into the Intellectual Property Code the European Directive of March, 11, 1996 about the legal protection of Databases
Any copying, reproduction, adaptation, alteration, modification, distribution, full or partial content of the site babytime-app.com or the Babytime application, by any means whatsoever, is illegal
Any use or reproduction, total or partial, of the site, its components and / or information contained therein by any means whatsoever is strictly prohibited and constitutes an infringement sanctioned by the Code of Intellectual Property, unless prior written agreement of the company Oxygenbay. The offender is liable to civil and criminal penalties including penalties specified in Articles L. 335.2 and L. 343.1 of the Code of Intellectual Property.

Babytime service description

Baby Time offers the Customer the possibility to join the proximity social network via the Babytime application. Customer may geolocate and get in touch with other members of the Babytime network. Babytime is supported by various trading partners. The Babytime service is administered by Oxygenbay.

Service changes

To maintain a high quality service, Oxygenbay may at any time and without notice, modify or delete any of its offers.

User support

Babytime offers to the user a contact form available on the homepage of Babytime website. The email support is free. It requires a reasonable response time from Oxygenbay team to process the request.

Accessibility of services

Oxygenbay can not be held responsible or deemed to have breached these terms and conditions for any delay or failure, when the cause of delay or failure was due to « force majeure » as defined by the « jurisprudence » of the French law. Some « exceptional events » may suspend the obligations of this contract for the duration of its existence.

Duration, suspension and termination

Subscriptions take effect from the subscription of the service user. The subscription is automatically renewed under the same conditions. Users may unsubscribe at any time using the information sent by email during the subscription. Upon termination, the User can not ne refunded. The user is able to use the service during the remaining period of subscription, if the termination is of his making and not the result of a penalty related to non-compliance with these general terms of use. In case of failure by the User to these Terms of Use, Oxygenbay reserves herself the right to suspend or terminate the account without notice or refund. The User will be informed of the suspension or termination by email.

Privacy and confidentiality of data collected

The User's personal data collected by Oxygenbay are needed to manage its user accounts. Under the Data Protection Act of January, 6, 1978, the User has a right to access, modify, rectify and delete data. The User may exercise this right by sending an mail to the following address: Oxygenbay - 2 rue Claude Chappe - 34000 Montpellier - France. Users can also view or edit their personal data by logging on « My Account », in the Babytime application. The automated processing of personal data on the site babytime-app.com was registered to the french « Commission Nationale de l'Informatique et des Libertés » under number 1418419.

Governing Law and Jurisdiction

These terms of use are governed by french law and language. Upon the occurrence of a dispute concerning the execution of these terms of use, the User and Oxygenbay shall jointly seek an amicable solution. Failing amicable settlement, the court will be the « Tribunal de Commerce de Montpellier » - France. This provision is defined by express agreement of the User and Oxygenbay and shall apply in all cases.