GENERAL TERMS OF USE (CGU)
Our website address is: https://dive.explo360.fr
Owner, Creator, Webmaster and Publication Director: Jean-Luc Delon
Hosting: OVH, 2 rue Kellermann - 59100 Roubaix - France.
The website dive.explo360.fr (hereinafter "the Site") is a website dedicated to underwater fauna and flora and scuba diving, accessible over the Internet and open to any Internet user. Use of the Site implies full and unconditional acceptance of the following general terms of use, hereinafter the "CGU"
01.
Purpose and scope.
These General Terms of Use (CGU) define the conditions for accessing and using dive.explo360.fr (hereinafter “ the Site »).
The applicable CGU are those in force on the date of consultation. The Site may amend them at any time; it is the responsibility of theUser to consult them regularly.
If a provision is declared invalid by a final court decision, the other provisions remain applicable.
02.
Presentation of the Site.
The Site provides educational, documentary and audiovisual content dedicated to underwater fauna and flora and scuba diving. In particular, it offers:
- interactive videos,
- species identification profiles with audio,
- introductory and training content,
- a Members’ Area containing restricted content.
03.
Information made available.
The Site endeavours to provide accurate, up-to-date information. However, it cannot guarantee the completeness, accuracy or currency of the published data.
TheUser acknowledges using the information at their sole responsibility. The Site, its authors and contributors cannot be held liable for direct or indirect damage resulting from:
- use of the Site,
- errors, omissions or incomplete updates,
- use of linked third-party websites.
- Content is provided for information purposes.
04.
Access to the Site.
The Site is available online at https://dive.explo360.fr. Access requires secure computer equipment in good working order and a stable Internet connection. Connection costs are borne exclusively by theUser.
TheUser confirms having checked that their equipment is free from viruses and works correctly.
05.
Availability.
The Site is normally available 24 hours a day, seven days a week. However, interruptions may occur for maintenance, updates or technical reasons. The Site will endeavour to inform Users where possible.
The Site cannot be held liable for:
- the consequences of interruptions,
- the complete or partial cessation of online availability,
- the suspension of services.
06.
Use of the Site.
6.1 User obligations
TheUser undertakes to:
- use the Site in accordance with applicable laws and its intended purpose;
- use the Site for strictly personal purposes;
- not disrupt, overload or misuse the services;
- not use robots, automated scripts, scraping or indexing systems;
- not extract or reuse data from the Site ;
- not promote third-party products, services or content;
- not harm the image or reputation of the Site.
This obligation does not apply to uses expressly authorised under the licences defined in Article 11.
6.2 Specific restrictions
TheUser must not:
- copy, record or distribute videos and content from the Members’ Area;
- use capture tools (screen scraping, crawling);
- scrape or download all or part of the Site ;
- publish illegal, defamatory, insulting, discriminatory or obscene content, or content protected by rights without authorisation.
07.
Technical limitations and liability.
The Site uses HTML5, CSS3, JavaScript, XML and PHP. Outdated, defective or unsecured equipment may prevent it from working correctly.
The Site cannot be held liable for equipment damage, data loss, intrusions, viruses, network failures or any other malfunction connected with the technical environment of theUser.
08.
Interactive content.
Interactive spaces (comments, forms, etc.) may be moderated. The Site may remove any content that breaches the law.
The civil or criminal liability of theUser may arise from publishing unlawful content.
09.
Embedded content.
Some content (images, videos, articles) may come from third-party websites. These websites may collect data and use cookies. Their use is subject to their own policies.
10.
Hyperlinks and cookies.
The Site may include links to third-party websites that are independent of the Site. Responsibility for their content does not rest with the Site.
Browsing the Site may generate cookies intended to improve the user experience and measure traffic. Refusing cookies may limit some features.
11.
Intellectual property and licences.
All elements making up dive.explo360.fr, including but not limited to text, editorial content, species profiles, still or moving images, photographs, videos, sounds, voices, animations, interfaces, databases, structures and features, are protected by the French Intellectual Property Code and applicable international conventions.
These elements are the exclusive property of the Site or their respective authors and contributors.
No intellectual property rights are assigned to theUser, apart from the licences expressly defined below.
11.1 Personal / Family Licence
Scope
This licence applies to any User who holds no other specific licence.
Permitted use:
- private, individual or family viewing;
- strictly personal, non-public use.
Prohibited use:
- any public broadcast, screening or group presentation;
- any educational, training, association, professional or commercial use;
- any reproduction, extraction, integration or availability on a third-party website, platform, social network or public medium.
11.2 Trainer Licence (direct access to the Site)
Scope
The Trainer Licence is intended for trainers, teachers or training organisations using dive.explo360.fr as a teaching resource, without transferring content to another website or medium.
Access must be:
- through dive.explo360.fr;
- using a personal username and password that are strictly confidential and non-transferable.
Permitted use
The licence holder is authorised to:
- access all site content (text, images, videos, audio), except reserved services such as AMIGANSEAU TV WEB/PRO ;
- use this content as teaching material during lectures, workshops or training sessions, whether free or paid;
- display content in person, using a projector or screen, solely within educational activities;
- prepare presentations and internal materials that are not distributed.
Mandatory conditions
- No content may be copied, downloaded, printed, extracted or hosted anywhere other than on the site.
- All display must take place exclusively from the site, in real time.
- The holder remains responsible for supervising the audience and for any unauthorised capture or reproduction by third parties.
Prohibited use
It is strictly prohibited:
- to reproduce, capture, record or redistribute content;
- to make content available remotely (replay, download, external platform);
- to use content on a third-party website or any standalone medium;
- to modify, adapt or transform content.
Intellectual property
All content remains the exclusive property of Dive.Explo360. No intellectual property rights are transferred to the holder.
11.3 Solidarity Licence (restricted access)
Scope
The Solidarity Licence is intended for associations, clubs, educational organisations, local authorities and non-profit organisations with their own website, provided that website is strictly non-commercial.
Access from the holder’s website through an embed* is authorised for:
- the marine-life search engine of the Site ;
- species profiles only.
Content remains hosted on dive.explo360.fr, without downloading, copying or modification, and without transferring technical or editorial control.
* “Embed” means technical integration through a display window or frame (iframe or equivalent mechanism) allowing content to appear on the holder’s website while remaining entirely hosted, loaded and delivered from dive.explo360.fr, without duplication, downloading, copying or local hosting, and without transferring technical or editorial control to the holder.
Permitted use
- integration and viewing from the holder’s website;
- use during free public training sessions, workshops, lectures or educational activities;
- mandatory attribution: “© Dive.Explo360 — All rights reserved”.
Prohibited use
- access to videos, interactive content or other site services;
- any training, lecture, workshop or course involving direct or indirect payment;
- any modification, alteration or adaptation of content;
- any resale, monetisation or integration into a paid arrangement;
- integration on a commercial website or in a closed environment (intranet, extranet, private platform).
- any resale, monetisation or integration into a paid arrangement.
Intellectual property
All content remains the exclusive property of Dive.Explo360. No reproduction or assignment rights are granted.
11.4 Professional Licence (restricted access)
Scope
The Professional Licence is intended for companies, self-employed professionals, media, institutions and commercial or sponsored projects with their own website, for free or paid training or any authorised commercial exploitation.
Access from the holder’s website through an embed* is authorised for:
- the marine-life search engine of the Site ;
- species profiles only.
Content remains hosted on dive.explo360.fr, without unauthorised downloading, copying, modification or redistribution, and without transferring technical or editorial control.
* “Embed” means technical integration through a display window or frame (iframe or equivalent mechanism) allowing content to appear on the holder’s website while remaining entirely hosted, loaded and delivered from dive.explo360.fr, without duplication, downloading, copying or local hosting, and without transferring technical or editorial control to the holder.
Permitted use
- integration and viewing from the holder’s website;
- educational use during free or paid training;
- legitimate commercial exploitation (paid website, media, communication, exhibition);
- public display on freely accessible pages or pages protected by a username or password, under the holder’s responsibility.
Prohibited use
- access to videos, interactive content or other site services;
- modification, adaptation, transformation or removal of content;
- removal of attribution notices;
- extraction of content from its embedded format;
- unauthorised resale, sublicensing or redistribution;
- use outside the website declared and approved in the application.
Intellectual property
All content remains the exclusive property of Dive.Explo360. No intellectual property rights are transferred, and the licence is non-exclusive, non-assignable and non-transferable.
Mandatory notice
Any display or integration must include the notice: “© Dive.Explo360 — All rights reserved”.
Term and termination
- Annual licence or the duration of a specific project, as agreed in writing;
- Any non-compliant use results in immediate termination of the licence.
Acceptance
The licence takes effect only after:
- explicit confirmation using the designated form;
- acceptance by Dive.Explo360;
- payment of the subscription or agreed amount.
11.5 Prohibition on modification
Regardless of the licence, theUser must not:
- modify, alter or adapt content;
- remove or conceal rights notices, credits or metadata;
- create derivative works without prior written authorisation.
11.6 Members’ Area content
Content reserved for the Members’ Area is accessible only through the Site and may not be integrated, distributed or exploited externally, except with specific written authorisation.
11.7 Protection, monitoring and traceability
The Site may incorporate traceability mechanisms, metadata, watermarks or digital signatures.
Any attempt to bypass, extract or remove these mechanisms constitutes a breach of these CGU.
In the event of a breach of these CGU or licence conditions, the Site reserves the right to suspend or terminate access without notice, without prejudice to any legal action.
11.8 Requests for authorisation
Any request concerning a licence or specific use must be sent to:
contactATexplo360.fr
12.
Personal data.
The Site may collect personal data through contact forms. Processing complies with the GDPR and the French Data Protection Act. Details are provided in the privacy policy available on the Site.
13.
Information and complaints.
The Users may contact the team of the Site through the contact form.
14.
Governing law and disputes.
These CGU are governed by French law. In the event of a dispute, the courts of Toulon have exclusive jurisdiction, subject to provisions protecting consumers.
Consumers may contact a mediator free of charge (list available at www.mediation-conso.fr).
They may also use the European dispute resolution platform: https://webgate.ec.europa.eu/odr/.