General Conditions of Use
These General Conditions of Use are intended to govern the use of the DATA FIGHT CLUB application, published by the company REPUTATION SQUAD (hereinafter referred to as "the Publisher"), and the functions it offers.
Any user of the Application (hereinafter referred to as "the Application") must be aware of the requirements set out below and comply with them.
Thus, it is specified that any user using the Application is deemed to have read these General Conditions of Use and to have accepted them, during each of his visits, the Editor reserving the right to modify them at any time.
1. Purpose of the Application
The Application allows its users to share data relating to their Twitter account, in order to analyze it and compare their performance with another identified account.
The Application is not intended for commercial purposes and is in no way intended to facilitate the direct sale of a service or product; thus, these General Conditions of Use are not general conditions of sale.
All the information displayed on the Data Fight Club applications come from publicly posted tweets and gathered using the official Twitter API.
The indicators and KPI’s displayed are calculated directly from the 400 tweets fetched on the user fight request.
The application doesn’t store any Tweets, and hosts personal information without asking user consent.
The only information that is stored are the Twitter users scores and KPI’s in order to compare and share the fights.
2. Effective date
These General Conditions of Use come into force on the date of their posting and will be enforceable on the date of the first use of the Application by the user.
They will remain enforceable for the duration of use of the Application and until the Publisher terminates its access or new general conditions of use replace these.
It is specified that the user can at any time give up using the Application, but will in any event remain responsible for all its previous uses.
3. Use of the Application
Access to the application
Access to the Application is free and open.
In principle, it is accessible 24 hours a day, 7 days a week.
The Publisher strives to provide quality access and to allow users to use the means of communication made available to them under the best possible conditions.
The Publisher reserves the right to supplement or modify the Application at any time, as well as the services and functionalities available therein, in particular according to the evolution of technologies.
Creation and deletion of accounts
Access to the Application requires the creation of an account by the user.
To be able to connect to the Application, the user must follow the steps indicated below:
- The user must connect to the Application using his own means and access equipment (eg: smartphone, computer, tablet, etc.);
It is strictly forbidden for the user to create an account under the identity of a third party.
The user is also solely responsible for the confidentiality of his identifiers allowing him to use his account on the Application.
The user agrees to communicate accurate information, especially when creating an account; otherwise, the user may not be able to access the Application.
The user remains free to delete his account, by following the appropriate procedure indicated in the dedicated section of the Application.
Access to social networks via the Application
The Application allows its users to submit and analyze data relating to their Twitter account.
Therefore, in order to use the Application and the features it offers, users must authorize the Application to access this data by using the Twitter login button; in this way, the user will be able to enjoy the functionality of the Application.
User obligations
The user agrees to use the Application only for a purpose consistent with public order, good morals and with respect for the rights of third parties whoever they may be.
The user also agrees not to disrupt the use that other users of the Application might make, and not to access parts of the Application to which access would be restricted.
Non-compliance with the General Conditions of Use and fraud
In the event of non-compliance with the General Conditions of Use of the Application, the Publisher reserves the right to deactivate, without any compensation, the user's account without having to comply with notice or particular formalities.
In the event that the Publisher notices fraud or an attempt at manifest and significant fraud on the part of the user, the Publisher reserves the right to initiate any action, judicial or extra-judicial, aimed at obtaining compensation and / or taking action in order to stop the user's actions.
4. Privacy
Within the meaning of the regulations relating to the protection of personal data, and in particular of the regulation nᵒ 2016/679 known as the "General Data Protection Regulation", the user is informed that the Publisher, as a subcontractor , implements the processing of personal data through the Application.
As such, users are invited to refer to the Application's Privacy Policy for its terms, conditions, and their rights.
5. Intellectual property
The Application, as well as all of its content (and in particular the photos, logos, brands and information of any kind appearing therein), are protected by French intellectual property law.
As such, any reproduction made without the agreement of the Publisher of any element of the Application, such as its trademarks, its graphic elements, or any other of its original creations within the meaning of the Intellectual Property Code, is prohibited.
6. Hyperlink
The existence of a link in content shared or published via the Application referring to a third party site does not in any way mean that the Publisher approves, in any capacity whatsoever, the content of this site or the use that could be made of it. The Publisher has no control over the content posted by the user, nor over the content of third-party sites, and he can in no way control them.
External sites may also contain hypertext links pointing to user content. Nor is the Publisher responsible for it.
7. Liability
Accuracy of Application Information
The Publisher makes every effort to ensure the accuracy and updating of the information published on the Application, and reserves the right to correct the content at any time and without notice. However, it does not offer any guarantee as to the accuracy, precision, completeness or adequacy of the information made available on the Application, and it cannot be held liable for any errors or omissions.
Accessibility and modification of the Application
The Publisher undertakes to use its best efforts to ensure that the Application is accessible at all times. However, the Publisher declines all responsibility in the event of difficulty in accessing the Application or interruptions in the connection, whatever the causes.
In order to guarantee an optimal experience, the Publisher reserves the right to make any modification to the Application that it deems useful, without prior warning, and even if access to the Application is consequently interrupted.
In addition, it is up to the user to ensure the possibilities of evolution of his own IT and transmission resources, so that these means can adapt to changes in the Application and the Internet in general.
Responsibility of the Editor
The Publisher cannot be held responsible for any direct or indirect damage, including inaccessibility to the Application, loss of data, deterioration, destruction or viruses that could affect your computer equipment, and / or the presence of viruses on the Application.
You thus acknowledge having verified that the computer used does not contain any virus, and remains in perfect working order.
8. Independence
It is specified that the Publisher is not associated with, or managed or sponsored by Twitter; the Publisher is, and remains, independent and in no way related to these companies.
Finally, as a reminder, "Twitter" is a registered trademark belonging to the company Twitter Inc.
9. Invalidity
If one or more of the provisions of these General Conditions of Use should be held to be invalid or declared void in application of a law, a regulation or following a decision which has become res judicata of a competent jurisdiction under common law, the other stipulations would retain all their force and scope as soon as possible.
10. Domiciliation
Where applicable, the Publisher is deemed to be domiciled at the address indicated in the Legal Notices of the Application, and any user agrees to address all correspondence there if the need arises.
11. Applicable law
The Application, its contents and its use are subject to the application of French law.
