Bababam wished to offer podcast listeners the availability of a Site that allows them to generate, free of charge and without compensation, a Progressive Web App designed to facilitate listening.
Bababam is a website that allows you to search for a Podcast via a Search Box and generate a Progressive Web App, open it in your browser and install an icon on your desktop or home screen; some operating systems also allow you to subscribe to the Podcast in the Progressive Web App and receive notifications.
ARTICLE 1 - Object and scope of application
The purpose of these General Terms and Conditions of Use (hereafter « GTCU ») is to define the conditions under which BABABAM makes the website available to Users as well as the reciprocal obligations of each party within the framework of the use of the Service.
Consequently, Users accepts, without reservation, these GTCU in their entirety before any use of the Service. The present GTCU are accessible on each page of the Site and govern its operation.
The use of the Service implies the User's acceptance of these GTCU.
ARTICLE 2 - Definitions
The following words and expressions beginning with a capital letter, in the singular or plural, are used in these GTCU with the following meaning :
ARTICLE 3 - LEGAL NOTICES
The website is edited by : BABABAM
SAS BABABAM – RCS: 824 623 003 R.C.S. Lille Métropole
Headquarters : 278 chaussée Fernand Forest, 59200 Tourcoing, France
E-mail : [email protected]
Director of publication : Pierre Orlac'h
The site is hosted by :
Amazon Web Services LLC
P.O. Box 81226
Seattle, WA 98108-1226
ARTICLE 4 - ACCESS TO THE SERVICE
Any User may browse freely on the Site. However, acceptance of the present GTCU is mandatory to use the Service. To access the Service, the User agrees to :
If the User fails to comply with the aforementioned prerequisites, the User is informed that he will not be able to use the Service in whole or in part. In the event of a false declaration, the User acknowledges that he or she is liable to be refused on the Service.
If you do not want users to have access to your feed on the Bababam reading tool, please let us know by email at [email protected]
If you want to use Bababam on your domain name, we have a professional option for you, contact us at [email protected]
ARTICLE 5 - DESCRIPTION OF THE SERVICE
Bababam is a Podcast search engine that opens the dedicated Podcast in a technical environment dedicated and adapted to this type of media and allows you to easily reopen it and find the Podcasts that benefit from the Service. The Site allows you to search for a Podcast via a Search Box and generate a Progressive Web App, open it in your browser and install an icon on your desktop or home screen; some operating systems also allow you to subscribe to the Podcast in the Progressive Web App and receive notifications.
ARTICLE 6 - LIABILITY
The User undertakes not to communicate to the Site any file likely to damage the website.
ARTICLE 7 - INTELLECTUAL PROPERTY
All the elements making up the Site are the property of BABABAM. These GTCU do not confer on the User any property rights over the elements making up the Site made available to him/her for the purposes of the Service. No element composing the Site may be represented, reproduced or altered in any way whatsoever, on any medium whatsoever, in whole or in part, without the prior written authorization of BABABAM. The User is informed that any failure to do so constitutes an act of counterfeiting punishable under Articles L 335-2 and following of the Intellectual Property Code, and that he or she may be prosecuted.
ARTICLE 8 - PERSONAL DATA
ARTICLES 9 - COOKIES
As these cookies have the exclusive purpose of enabling or facilitating communication by electronic means and are strictly necessary for the provision of the Service at the request of the User, they are not subject to the User's consent. The User may at any time delete these cookies or oppose their collection by configuring his browser. In this case, he acknowledges and accepts that the optimal use of the Service is not guaranteed.
ARTICLE 10 - FORCE MAJEURE
Neither BABABAM nor the User will be liable for any damage directly related to a case of force majeure as retained by French jurisprudence (including the interruption, suspension, reduction or cuts in electricity or telecommunications networks) that the defaulting party will notify the other party without delay and will do everything possible to limit.
ARTICLE 11 - MODIFICATIONS OF THE SERVICE AND THE CTGU, SUSPENSION OR DEFINITIVE STOP OF THE SITE, CANCELLATION
BABABAM may at any time be required to make unilateral changes to the Service and these GTCU, which the User expressly acknowledges and accepts. The User will be informed of any modification, by any means at BABABAM's convenience. In the event of such a modification, the applicable GTCU shall remain those in force on the day on which a Service is ordered. The User may refuse these modifications by renouncing the use of the Service. BABABAM reserves the right to suspend or stop the Service at any time, and will inform the User by any means. In the event of permanent cessation of the Service, these GTCU may be terminated by BABABAM by operation of law, with no right to compensation from the User. Finally, BABABAM reserves the right to suspend the Service for reasons of maintenance work on the Site in particular or to block access to certain Users in the event of a failure in authentication or an event that BABABAM considered abnormal in the use of the Service.
ARTICLE 12 - TRANSFER OF GTCU
The User acknowledges and accepts that BABABAM may freely assign, contribute or transfer, in any form whatsoever, its rights and obligations resulting from these GTCU to a third party of its choice and that it will therefore, from the first day of the assignment of these GTCU, be entirely released from its obligations in respect of the provision of the Service. The User will be informed of this assignment. If the User objects to this transfer, he renounces any use of the Service. The User may not, under any circumstances, transfer or pass on to a third party, whether in return for payment or free of charge, in any form whatsoever, the benefit of these GTCU without the prior and express agreement of BABABAM.
ARTICLE 13 - DIVISIBILITY
If one of the articles of these GTCU is found to be null and void or unenforceable by virtue of a law or regulation or as a result of a court decision, the other articles will retain their full force and scope.
ARTICLE 14 - WAIVER
The fact that BABABAM does not avail itself of one or more provisions of these GTCU does not imply a waiver of the right to avail itself of all of the said GTCU.
ARTICLE 15 - SETTLEMENT OF DISPUTES
The present GTCU are written in French. They may only be interpreted in their French version. They are subject to French law.