ENFORM@LYON : General Terms of Use
These General Terms of Use ("GTU" or "Contract") are designed to govern relations between the Lyon City Council and App users (hereinafter "User(s) or "you").
By installing, copying and/or using this App, you agree to having read, understood and accepted the terms and conditions of this Contract on the distribution platform (such as Apple Store or Google Play) and on the City of Lyon website. If you are under eighteen (18) years old, your parents must accept this Contract.
ARTICLE 1. APP ACCESS AND REGISTRATION
Prerequisites:
Using this App entails having a smartphone model that is compatible with it. The App is compatible with all mobile devices, except for tablets, that use the following operating systems:
• iOS 9.0 or above
• Android version 4.2 (Jelly Bean) or above.
Users are entirely in charge of providing the equipment needed for accessing the App and paying for the telecommunication fees involved in their use.
Downloading the App:
Downloading and using the App are free of charge.
Downloading of maps and updates is also free of charge.
ARTICLE 2. APP DESCRIPTION
The App published by the City of Lyon is designed to encourage physical activity while allowing a discovery of the city's cultural heritage.
The App lets you walk through Lyon at your own pace, alone, with friends or with your family, as you follow one of the 11 audio-guided circuits that are classified as green, blue or red, depending on distance and steepness.
Exercises to strengthen your muscles are included along the circuit and are organized according to three levels of difficulty. A majority of these exercises can be done using street furniture. Didactic videos are available when you approach an exercise point. Specific muscle-strengthening exercises are suggested on the circuits designed for those with a motor impairment.
As you walk along, an enjoyable audio commentary gives you information on the various cultural points of interest you will encounter.
The circuits have been designed by the City of Lyon Sports Department with the assistance of AG2R La Mondiale and rely on the expertise of the Auvergne-Rhône-Alpes Athletics League for the muscle-strengthening programs and the Gadagne Museums for cultural heritage content.
New circuits will be added regularly to the existing ones.
GPS instructions have been included for reaching the point nearest to the chosen circuit; they are meant for pedestrians only. Circuits may be traveled in both directions.
Some circuits are appropriate for the disabled. However, the GPS itineraries for reaching the circuit are not guaranteed to be accessible by the disabled.
Historical data related to App use are stored only in the phone memory. Users must therefore save their personal data in order to keep it for transferring to another type of equipment.
Users have free access to the circuits and to all functionalities offered by the App. Users will thus have access to the GPS tracklog for the circuit, as well as to geolocated information (points of interest, descriptions of these points of interest, didactic videos presenting the muscle-strengthening points, etc.).
Users can share their comments and appreciations of the circuits through the Facebook and Twitter social networks and can evaluate the completed circuit directly on the App.
ARTICLE 3. END-USER LICENSE
Subject to the User's commitment to adhere to the terms and conditions of this Contract, the City of Lyon grants the User a personal, non-commercial, non-exclusive, non-transferable, non-subtransferable and revocable personal license to download and install the App, install a copy of the App on a mobile device and execute this copy of the App.
Subject to the User's commitment to adhere to the terms and conditions of this Contract, the City of Lyon grants the User a personal, non-commercial, non-exclusive, non-transferable, non-subtransferable and revocable personal license to visualize, display and use App contents within the context of personal use.
This Contract also applies to future updates made available for the App. In the context of this Contract, license validity begins on the date you install or use the App and ends on the date you uninstall the App or cancel this Contract, the nearest date being the one retained.
ARTICLE 4. USER COMMITMENTS
The User agrees:
• If he or she is a minor, to use the App only in the presence of his or her legal representatives;
• To be in the necessary physical shape for the circuit chosen;
• To be aware of the risks tied to pedestrian travel and exercising in urban surroundings.
In particular, the User commits to:
• Using the App with prudence and discernment; as an example, Users alone are responsible for their safety on a circuit. We recommend staying on sidewalks or in areas that are designed for pedestrians and not on streets or roads that are used by motorized vehicles, even when the App suggests using them for a circuit;
• Avoid endangering oneself or others;
• Respecting the areas designated for muscular strengthening, in particular by avoiding excess noise and by throwing waste into nearby trashcans;
• Being courteous, especially at muscular strengthening points in case you need to wait your turn to exercise;
• Ensuring that he or she is physically able to complete the circuit;
• Obeying current laws and regulations, in particular traffic regulations;
• Avoid using the App as a vehicle guide, whether or not the vehicle is motorized. The App should be used for pedestrian orientation only;
• Avoid using the App and/or its contents professionally or commercially;
• Avoid using the App in a way for which it was not designed;
• Avoid publishing contents that are contrary to public order and accepted standards of behavior or that violate the rights of third parties;
• Avoid using the App in general in an unlawful way and contrary to public order and proper behavior;
• Notifying the Lyon City Council of any errors or to provide comments related to the circuits, with the purpose of updating the circuits and/or improving the App;
• Avoiding full or partial pirating, reverse engineering, modifying source code, decompiling, disassembling, copying, modifying or creating works derived from the App (this prohibition does not apply to copies to full or partial copies that may be made by the App itself during installation to ensure more efficient operation).
The User alone is responsible for any damage resulting from not following these GTU.
ARTICLE 5. WITHDRAWAL PERIOD
The Lyon City Council informs Users that Article L121-21 of the French Consumer Code provides for a withdrawal period of fourteen days in the case of a distance contract.
The Lyon City Council also informs Users that the right to cancel does not apply to service contracts whose execution begins before the end of the aforementioned deadline, when the User has so agreed and has renounced his or her right to cancel.
By downloading the App, you accept the start of service execution before the end of the withdrawal period and renounce your right to cancel.
ARTICLE 6. GUARANTEES - LIMITATION OF RESPONSIBILITY
Within the context of an obligation of means, the Lyon City Council commits to making best efforts to ensure the proper functioning of the App and the exactness of information contained in it.
Material and User connection
Because of variations that are inherent in the material, internet connections and individual use, the Lyon City Council cannot guarantee the operation of the App on your device.
You recognize that if the Lyon City Council has met its contractual obligations, it cannot be held responsible, most notably if the App does not meet your expectations and demands and/or does not function in an optional way on your device when this malfunctioning cannot be attributed to the Lyon City Council.
Data contained in the App and updated
The Lyon City Council makes best efforts to supply pertinent information and data and to update them regularly.
However, Users must keep in mind that because of unpredictable events that are beyond the control of the Lyon City Council (such as traffic accidents, worksite conditions or weather conditions), information contained in the App may be inexact or obsolete.
In a similar manner, information related to remaining time on a circuit and circuit speed cannot be calculated exactly because they depend on the User's behavior.
Because of these constraints, Users recognize that the data and information supplied by the Lyon City Council for the App are an indication only and accept that the Lyon City Council cannot be held responsible for inaccuracies or imprecision with respect to certain data or information.
Access to the trajectory leading to an App circuit for individuals in a wheelchair cannot be guaranteed because the trajectory depends on initial location.
Because App historical data is stored in the User's device, the Lyon City Council cannot guarantee this data and cannot be held responsible for a loss of the User's data.
Safety rules
The App is a tool that assists in orientation, but it can in no event substitute for the User, who, according to the actual context, must judge whether or not to follow the recommendations and/or circuit suggested by the App. Users are responsible for their own safety and must use the App with prudence and discernment.
The Lyon City Council has no control over User behavior and cannot therefore be responsible for it.
Users recognize that the urban setting is constantly changing and that access conditions to the circuit may be modified because of work sites, roadway accidents or weather conditions, since this type of change is unpredictable and occurs outdoors.
The Lyon City Council does not guarantee protection of Users from dangers related to the urban environment.
The Lyon City Council cannot be held responsible for an accident that occurs on a proposed circuit or at a muscle-strengthening point.
Limits related to the GPS system
Users agree that they understand the limits of the GPS system.
Transmission and reception may be limited by:
• The operation of satellite systems and earth-based stations;
• Weather and atmospheric conditions and environmental and magnetic interferences;
• The emplacement of material.
Service may thus be limited or temporarily unavailable. Users accept that the Lyon City Council cannot be held responsible for interruptions in service due to satellite systems or earth-based stations because it has no connection with the service providers who operate the links between earth-based stations and satellites and because it does not control the operation of transmissions and receptions.
Users are also informed that the GPS signal is precise up to ten meters, more or less; therefore, Users must take into account the possible risks of this technical constraint.
Temporary absence of App accessibility
You understand and recognize that the App may be temporarily unavailable and that temporary unavailability is a normal event. The Lyon City Council and the App suppliers reserve the right to temporarily interrupt access to the App in order to carry out curative and/or preventive maintenance operations, and they shall make best efforts to re-establish access to the App as soon as possible.
In any case, the Lyon City Council cannot be held responsible for something that is the fault of the User, for use of the App that does not comply with these GTU or for a case of force majeure.
Within the scope permitted by law, the Lyon City Council cannot be held responsible for indirect and/or immaterial damage and/or harm, such as commercial, moral and financial harm, including a loss of benefits caused or originated by or based on using the App.
Additional conditions for App Store apps
If you accessed the App or downloaded it from Apple Store, you accept using the App only: (a) On an Apple-brand product or device running iOs (Apple's proprietary operating system); and (b) as permitted by the "User Rules" listed in the Apple Store Service Conditions.
If you accessed the App or downloaded it from an App Store or a distribution platform (such as Apple Store, Google Play or Amazon Appstore: these are "App Suppliers"), you agree to and accept that:
• These Conditions are part of an understanding between you and the Lyon City Council only, and not with an App Supplier; the Lyon City Council alone is responsible for the App.
• The App Supplier is under no obligation to supply maintenance services and assistance with respect to the App.
• Any other claim, loss, responsibility, damage, cost or expense imputable to a defect in the App relative to a guarantee is the sole responsibility of the Lyon City Council.
• The App Supplier cannot be held responsible for any claim you may make or for any claim by a third party related to the App or to your possession and use of the App, including, but not limited to: (i) responsibility claims due to the product; (ii) claims attributed to the fact that the App does not meet current legal and regulatory demands; and (iii) claims in the context of consumer protection or similar laws.
• If a third party alleges that the App or the fact that you own or use the App infringes on the third party's intellectual property rights, the Lyon City Council alone is responsible for the inquiry into, defense of, solution to and resolution of any infringement of intellectual rights.
• The App Supplier and the Supplier's subsidiaries are third-party beneficiaries of your App license according to these Conditions and, on the basis of your acceptance the terms and conditions of these GTU, the App Supplier shall, as a third-party beneficiary, have the right (and will have accepted this right) to oblige you to follow them.
• You must also follow current third-party Service Conditions when you use the App.
ARTICLE 7. INTELLECTUAL PROPERTY
Intellectual property rights related to the App belong to the LM SPORT TOURISM Company, 37 avenue Général de Gaulle, 69300 CALUIRE ET CUIRE, France, Company No. 817 706 898, with whom the Lyon City Council has a contract for transferring the right of use of App results.
All elements comprising App adaptations, arrangements and/or modifications carried out according to the instructions of the Lyon City Council, such as brands, models, logos, images, texts, sounds, videos and the overall structure of the App, belong to the Lyon City Council and are protected by intellectual property law, in particular as concerns brands, the rights to drawings and models and/or author's rights and similar rights and/or the specific rights to databases in France and other countries.
Exchanging, reselling or making the contents offered to Users available to third parties is strictly prohibited.
Any partial or total representation, reproduction or publication of the App by any means whatsoever, without the previous express consent of the Lyon City Council and LM SPORT TOURISM shall be considered as counterfeiting and shall be sanctioned according to the laws on intellectual property rights.
Any partial or total representation, reproduction or publication of the contents by any means whatsoever, without the previous express consent of the Lyon City Council shall be considered as counterfeiting and shall be sanctioned according to intellectual property rights law.
The User declares and guarantees that he or she is the owner of content that he or she has placed online. Users alone are responsible for the legality of contents they publish and ensure that the Lyon City Council shall be protected from any claims and/or actions by third parties in this respect.
The Lyon City Council reserves the right to request the removal of any contents that appear to be illegal, in particular contents that have led to a claim that they infringe on third-party rights and/or are contrary to the GTU.
Within legal limits, Users recognize the risk of publishing contents online and the risk of having these contents adapted and/or modified, and they accept this possibility.
ARTICLE 8. PERSONAL DATA
Using the App does not involve the processing of personal data by the Lyon City Council.
ARTICLE 9. CANCELLATION
This Contract is valid throughout your use, execution and operation of the App. You have full freedom to discontinue use of the App at any time, according to the terms and conditions of this Contract.
You may also cancel this Contract at any time by uninstalling the App from your device.
ARTICLE 10. DIVERSE
This Contract represents the entire agreement between the User and the Lyon City Council with respect to the App.
The Lyon City Council reserves the right to modify this Contract at its discretion at any time. Users will be informed if a new GTU is released and should accept it if they wish to continue using the App.
If part of this Contract is judged to be invalid or declared as such by the application of a law, the part that is invalid or cannot be executed will be replaced by a valid and executable provision that corresponds as faithfully as possible to the original provision; the other Contract provisions shall continue to apply.
Not demanding or forcing the User to execute certain of these GTU stipulations or not enforcing a right listed in this GTU shall not be interpreted as a renunciation by the Lyon City Council of its right to demand or impose the execution of these stipulations.
The Lyon City Council may transfer this Contract, in whole or in part, at any time. However, Users may not transfer or cede any of the rights or obligations listed in this Contract.
This Contract shall be interpreted according to French law.
ARTICLE 11 - CONTACT INFORMATION
For any questions concerning these Conditions or services, please contact the Lyon City Council at enform@mairie-lyon.fr or write to: Lyon City Council, 1 Place de la Comédie 69205 Lyon Cedex 01, France.
