PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING SESSION WEBSITES OR APPS, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS BELOW, DO NOT ACCESS THIS SITE, OR ANY PAGES THEREOF, OR SESSION APP. Copyright © 2022, Session. The contents of this site and app are the sole property of Session unless indicated otherwise. All rights reserved. Terms of Use We may change this Agreement and the Service at any time. We may do so for a variety of reasons, including to reflect changes in the law or its requirements, new features or changes in business practices.
The mere use of the Session Application (hereinafter "the Application") constitutes acceptance, without reservation, of the following provisions and conditions of use and the notices contained therein. Any User using the Application on behalf of a business organization, research institute or other entity warrants that he or she is duly authorized to use the Application on behalf of such business organization, research institute or other entity. Users may not unilaterally waive the application of one or more of the clauses of this Agreement, including the annexes. They apply in full and exclusively, with the exception of the mandatory provisions of the law in force. Session is an application that offers users a simple way to discover spots, discuss and participate in sports sessions with people around them. Persons under the age of 16 are not allowed to create an account and use the services offered by the Application. In the event that the User is a parent or legal guardian and accepts these Terms of Use on behalf of a child under the age of 16, he or she agrees to supervise the child's use of the Application and to be fully responsible for any legal liability that such use may incur as well as for any information that the child may provide. In the event that a child under the age of 16 has provided personal information without prior authorization or parental consent, his or her account will be deleted. At the time of registration, the User authorizes the sending of any communication relating to the Application by email sent to the email address provided at the time of registration. The User may, at any time, unsubscribe via the unsubscribe link included in each email received. He will also authorize or refuse the sending of push notifications allowing him to be informed of the creation of a new sport session of one of his favorite sports and of the participation of a User in a sport session that he has created.
The contents and design of the App and any material e-mailed to you or otherwise supplied to you in conjunction with the App (such contents, design and materials being collectively referred to as the "Session Content"), are copyright of Session and its licensors. You may not use or reproduce or allow anyone to use or reproduce any trade marks (such as "Session" name and logo or other trade names appearing on the App) for any reason without written permission from Session Team. The software which operates the Session App is proprietary software and you may not use it except as expressly allowed under these Terms. You may not copy, reverse engineer, modify or otherwise deal with the software.
You may retrieve and display the Session Content on a computer screen or (if expressly authorized) mobile telephone, print individual pages on paper (but not photocopy them) and store such pages in electronic form on your mobile telephone for your personal, non-commercial use. Except as expressly set out above, you may not reproduce, modify or in any way commercially exploit any of the Content. Information used on Session may not be republished elsewhere, except by prior agreement. This includes, but is not limited to, web-scraping, downloading of XML feeds and/or hacking of web services provided by Session. Unauthorized use is strictly prohibited and will result in legal penalties. The use of any robot, digital agent, spider, collector, scraper, site search/extraction application, proxy gateway, or other manual or automatic device, method, or process to access, retrieve, index, mine, or otherwise reproduce or evade the navigational structure or presentation of the Service or its contents is strictly prohibited. In particular, but without limiting the general application of the restrictions contained in the preceding sentence, you may not do any of the following without prior written permission from Session: Reproduce or store in or transmit to any other website, newsgroup, mailing list, electronic bulletin board, server or other storage device connected to a network or regularly or systematically store in electronic or print form, all or any part of the Session Content, Modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, or in any way exploit all or any part of the Session Content (including use as part of any library, archive or similar service) without the prior written consent of Session, Remove the copyright or trademark notice from any copies of the Session Content made under these Terms. You may not probe, scan or test the vulnerability of our Service or any system or network. Any use of the Session Content not specifically permitted above is expressly prohibited. Session may investigate and take any available legal action in response to illegal and/or unauthorized uses of the Service, including termination of your account. Requests for permission for other uses may be sent to the webmaster (team@app-session.com) and may be subject to a fee.
Session Team may, in its discretion, terminate or suspend your access to all or part of the app (including any right to access and use the Session Content) with or without cause by delivering notice to you. The rights of termination are in addition to all other rights or remedies of Session provided in these Terms or by law. Moreover, if the person has the desire, it is possible to delete his account and his personal data. To do this, simply contact us by email (team@app-session.com).
Session app is only open to you if you register. You are solely responsible for the confidentiality and use of and access to the Session Content and the Session App using your user’s name, sign-on password, and I.D. You agree to immediately notify Session Team if you become aware of any loss or theft of any sign-on password or I.D. or any unauthorized use of a sign-on password, I.D., user name, or of the Session Content or the App. You will provide Session with accurate, complete registration information (including in particular your email address) and inform Session of any changes to such information. For the purpose of confirming your compliance with the terms of these Terms, Session reserves the right to monitor and record activity on the App, including access to Session Content.
The information that you provide about yourself to Session will only be used in accordance with app-session.com's Privacy Policy Statement. Users agree to the use of cookies or other local storage. They are used solely to enhance the user experience. Users agree to the use of Google advertising.
This app may contain links to web sites controlled or offered by third parties (non-affiliates of Session). Session hereby disclaims liability for any information, materials, products or services posted or offered at any of the third-party sites linked to this product. By creating a link to a third-party web site, Session does not endorse or recommend any products or services offered or information contained at that web site, nor is Session liable for any failure of products or services offered or advertised at those sites. Such third parties may have a privacy policy different from that of Session and the third-party website may provide less security than Session.
The Session App may include bulletin boards, discussion groups and other public areas that allow interaction between users (for example in the features “Sessions” or “Spots"). While Session does not control the information/materials posted by users (the "Messages"), it reserves the right (which it may exercise at its sole discretion without notice) to delete, move or edit the Messages and to terminate your access to and use of the different features. Misuse of chat features may lead to your account being banned and/or the involvement of legal authorities. Some examples of misuse are threats, obscene language, revealing private information without permission, racism, hate-speech, trolling, flame-wars, etc. Session reserves the right to decide what constitutes misuse at its sole discretion. You are solely responsible for the content of your Messages. You must comply with any rules posted by Session. You may not: post, link to or otherwise publish any Messages containing any form of advertising or promotion for goods and services or any chain Messages or "spam"; post, link to or otherwise publish any Messages that are unlawful, threatening, abusive, libelous, indecent, infringe copyright or other rights of third parties or which contain any other form of illegal content; post or otherwise publish any Messages that contain a virus or other harmful component; disguise the origin of any Messages; impersonate any person or entity (including Session’s team or Forum guests or hosts) or misrepresent any affiliation with any person or entity; post or otherwise publish any Messages unrelated to the Forum or the Forum's topics; post or transmit any Messages that contain software viruses, files or code designed to interrupt, destroy or limit the functionality of the Session App or any computer software or equipment; collect or store other users' personal data; restrict or inhibit any other user from using the Sessions/Spots features. By submitting Messages through a feature like Sessions or Spots, you agree to indemnify and hold harmless Session from all claims, costs and expenses (including legal expenses) arising out of any Messages posted or published by you that are in breach of this section 7. The “Sessions” or The “Spots” feature contain Messages submitted by users over whom Session has no control. Session cannot guarantee the accuracy, integrity or quality of any Messages. Some users may breach these terms and post Messages that are misleading, untrue or offensive. You must bear all risk associated with your use of the features and should not rely on Messages in making (or refraining from making) any specific investment or other decisions. By submitting Message, you are granting Session perpetual royalty free non-exclusive license to reproduce, modify, translate, make available, distribute and sub-license the Message in whole or in part and in any form. This may include personal information such as your user’s name and alias and your expressions of opinion. Session reserves the right to contact you by e-mail with regard to your use of the Forums. You waive any moral rights that you may have in regard to the Messages you submit. It is not possible for Session to fully and effectively monitor Messages that are submitted for infringement of third-party rights. If you believe that a message infringes your legal rights, you notify Session by email immediately (team@app-session.com). While Session reserves the right to review and remove any Content that violates this Agreement, such Content is the sole responsibility of the member posting it, and Session cannot guarantee that all Content will comply with this Agreement. If you see any Content on the Service that violates this Agreement, please report it on the Service or through our contact page.
The system of the “Sessions” was thought in order to put in relation the people wishing to practice with several a certain sport that it is between friends (private) or between unknowns (public). Everything that has been written previously (in the part VIII about the Community forums) is also valid in this section. While Session strives to encourage a respectful member experience, Session is not responsible for the conduct of any member on or off the Service. You agree to exercise caution in all of your interactions with other members, especially if you choose to interact outside of the Service or meet in person to engage in any activity through the "Sessions" feature. You understand that Session does not conduct criminal background checks on its members or otherwise investigate the backgrounds of its members. Session makes no representations or warranties regarding the conduct of members. THUS, YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS.
Users of Session App are responsible for themselves. Indeed, Session is built to help people find places (and meet people while practicing) their sports and their activities. Session cannot safely make a decision about when/where/with whom to practice. Session is designed only to help YOU make YOUR decision. YOU MUST MAKE THE FINAL DECISION TO PRACTICE OR NOT TO PRACTICE! No responsibility is taken for the accuracy or correctness of the information contained on Session in particular about the spots added by our users. Although Session does its best to have correct information about their spots, especially through the creation of the spot validation system by our team : However, it is possible that some spots have incorrect information. Users are requested to put real information about the spots where to practice, otherwise it can be dangerous for a user who wants to practice on this spot. Moreover, Session reserves the right to change spots’ information and to use photos that a user could upload to show the spot. In no event will Session be liable for any damages, including without limitation direct or indirect, special, incidental, or consequential damages, fatality, injury, accident, losses or expenses arising in connection with the use of the App or any linked site or use thereof or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if Session, or representatives thereof, are advised of the possibility of such damages, losses or expenses. By the way, Session suggests that you always wear safety gear, such as helmets, knee pads or other safety sport-specific equipment when riding. The information and materials contained in the Session App, including text (In particular every spots’ description), graphics, links or other items are provided "as is", "as available". Session does not warrant the accuracy, adequacy or completeness of this information and materials and expressly disclaims liability for errors or omissions in this information and materials. No warranty of any kind, implied, expressed or statutory including but not limited to the warranties of non-infringement of third-party rights, title, merchantability, fitness for a particular purpose and freedom from computer virus, is given in conjunction with the information and materials. Moreover, the users of the site give Session the rights of reproduction, modification and use of the contents relating to the spots which they post on the Session App: information and pictures of the spots, without limitation of duration in time and on all supports.The user undertakes to publish only photos for which he has the rights or which are free of rights. In order to offer users up-to-date and accurate information, Session reserves the right to rectify or delete all data on the app, and to moderate inappropriate content as well as to delete the profiles of members who do not respect these terms of use. Each user can report an inappropriate spot via the report abuse link at the top of the page of a spot detail. A spot cannot be deleted by its creator. If he has serious and valid reasons to want to delete a spot he created, he can contact the Session Team by email (team@app-session.com). The request will be treated exceptionally and case by case requests. Furthermore, by registering, you agree not to deface the spaces listed. Don't leave trash on the spot or in the forest. You should always take a trash bag with you. You must show respect for local riders and their eventual man-made structures or playgrounds. Spot can be demolished because of your carelessness.
Indeed, a point on which the Session Team works a lot is not to jeopardize the spots, not to degrade them but to preserve them in time. For this purpose, a system of "secret spots" has been set up. Only people who have been verified by 5 verified people of a certain sport will be able to access those “secrets spots” of this sport. The geolocation on the map of the spots allows one to be aware of the spots in the vicinity, especially on the drop-down list of spots, highlighting the spots in the vicinity where you can practice your sport. The Session App uses your geolocation only to enhance your user experience and to compile statistics about the use of our services. Under no circumstances will Session App use your usage data for commercial purposes, especially your location.
Except for members residing in the European Union or the European Economic Area, who may bring their actions in their country of residence in accordance with applicable law, and except for actions that may be brought in a local court of competent jurisdiction, all actions arising out of or relating to this Agreement, the Service, or your relationship with Tinder that for any reason are not subject to arbitration shall be litigated exclusively in the courts of Paris, France. You and Session consent to the exercise of personal jurisdiction in the courts of the French state and waive any claim that such courts are an inconvenient forum.
Finally, each User acknowledges that he is responsible for his own use of the Session App and for the consequences of such use. Each user agrees to the extent permitted by applicable law, to indemnify, defend and hold harmless Session, their affiliate from and against any and all claims, demands, damages, losses, costs, liabilities and expenses, including attorneys' fees due to, arising out of, or in any way related to your access to or use of the Service, your Content, or your violation of this Agreement.