Blinkster is a mobile search application using photography to discover cultural assets.

Application’s Terms of Use and Conditions

These Terms and Conditions are applicable worldwide except where we publish specific territorial terms and conditions.

These Terms and Conditions set out important information regarding the rights, obligations and the restrictions that may apply to the Users during the access, the use or the download of the Blinkster digital application (“Application”) and any services offered in conjunction with the Blinkster digital application (“Services”) as they are made available on various digital media devices, such as PDAs, cell phones, handheld devices or PCs (“Devices”), and networks, such as those of mobile operators, internet service providers or cable operators (“Networks”). A ("User") indicates a person who uses the application having acquainted and accepted without reserve conditions of use. ("Contents") indicates any information, data, comment, and contents which are particularly protected by copyright, right of drawings and models, right of the brands such as the works of the spirit, the audiovisual works, the multimedia works, the brands or the logos which the User can consult in the Application, in accordance with the Conditions of use.

We invite you to read attentively the present Terms and Conditions of Use during any use of the Application from your terminal of mobile telephony or on our Web site www.blinkster.eu

All the translations of the License Terms and Conditions are put at the disposal of the Users by convenience, but those who are valid are the ones written in French. The present contract is governed by the French law.

The Blinkster Application is developed by Eureva, SAS with a capital of 338 700€, registered with the RCS of Paris under the number 479 950 123. The head office is located 6, rue des Terres au Curé, 75013 Paris.

The Web site, the Application and the associated Services, except particular case, are supplied by Eureva.

IF ANY OF THESE TERMS ARE UNACCEPTABLE TO YOU OR IN THE EVENT THAT ANY FUTURE CHANGES TO THESE TERMS ARE UNACCEPTABLE TO YOU, DO NOT USE BLINKSTER.

Your continued use of Blinkster (including, but not limited to, the downloading of the Application upgrades and/or use of the services) now, or following the posting of notice of any changes in these terms, will be deemed acceptance by you of these terms and any such changes, or modifications. You agree to use Blinkster only for purposes that are legal, proper and in accordance with these terms and any local binding policies or guidelines.

IMPORTANT: BY DOING ANY OF THE FOLLOWING ACTS YOU AGREE TO BE BOUND BY THESE TERMS: EXPRESSLY ACCEPTING THESE TERMS OF USE AT ANY TIME, for example upon clicking "set up", "proceed" or any other clearly indicated equivalent activation word on your device; or downloading the Application or an upgrade to the Application; or using Blinkster on a device.

The use of the Application is reserved for the User, for its personal usage. The User must not authorize any other persons to use his account.

The User declares to have the capacity to contract. The minor User guarantees to have received the authorization of his parents or the person detaining the parental authority.

Application’s Purpose

Blinkster is a simple and accessible Application for Users and which purpose is to answer in a direct way certain needs of day-to-day life by using resources from the Internet.

Application and Blinkster Services’ Usage Conditions

Even where there is no limit imposed in the Application on the number requests that can be made, nevertheless the User agrees to use the Services fairly. Indeed, an excessive number of requests would lead to an over-allocation of system resources and would constitute a breach of our usage Policy. We will regard more than 300 (three hundred) requests in any month as a breach of our usage Policy.

In case of violation of the Conditions of use or quite other rule of the present General Conditions, without advance notice, we can stop the supply of the Service and the Blinkster Application. In that case, we shall can, without being expressly obliged, informing you by a message or by quite other appropriate, free of charge means, that you violated the rules of use. If you violate the rules of use and use the Blinkster Application within the framework of a subscription or of a paying application, we can immediately cancel your subscription. We shall inform you, free of charge that you violated the rules of use and we shall cancel or shall suspend your current account or shall end your current subscription, without that we take responsibility.

We may develop, modify or suspend, the Services for reasons of maintenance or for quite other motive considered necessary, without that its responsibility can be engaged.

The User will be informed about the modifications brought to the Services and\or in the conditions of Use of the Blinkster Application.

In case the User would not accept these modifications, the User will have to stop using the Application and its Services.

In case of contradiction between the stipulations of Conditions of use and any modification which would be brought to them, the modifications brought in the conditions of Use will prevail.

User Generated Content

Blinkster expects its users to carefully choose the words, information, content, messages, text, files, images, photos, sounds, profiles, works of authorship or any other materials posted, upload, link to, publish or display on the Blinkster Application or thanks to the Application Blinkster or gave the other Users (" User Content "). The User is responsible for the User Contents, such as specified above.

The User owns the User Content. By sharing User Content via the Blinkster Application, the User grants to us during the entire period of protection of the intellectual property rights associated with such content and material, a world-wide, royalty free, non-exclusive license to use, copy, modify, publicly perform, publicly display, translate, reproduce, transmit or distribute, the User Content. The User can, at any time, delete its user contents, except in the precise case in which this one contributes on a general section of the Application or on a profile of a third party User.

The User guarantees to detain all the rights on the contents that he shares and not to violate the rights of a third party for the respect for their private life and for their identity, their copyright or their right to contract.

The User warrants that he owns all rights in and to the User Contents he shares and that he is not breaching any other party's rights to privacy, publicity rights, copyrights or contractual rights.

Besides, the User makes a commitment to make a corresponding usage of Blinkster. He makes a commitment in particular in not (i) to post or to pass on of content which could strike a blow at third parties and concerning questions of age, race, religion, ethnicity or sexuality (ii) to post or to pass on of content which would violate rights of author, of brands, a patent or quite other intellectual property right or property generally of a third party (iii) to post or to pass on commercial requests, whatever shape it is (iv) to usurp the identity of a natural or legal entity or to create a false or misleading identity (v) to reach or to try to reach someone’s account(vi) to violate or to try to violate, security measures, or to get or to try to get into the software, material architecture of the Application and the Blinkster Services (vi) to collect, to try to collect, or to use the personal data of the other members (vii) to use the Application or the Blinkster services in an unfit, illicit purpose or against the good customs.

Guarantee and Liability

EUREVA CANNOT BE HOLD RESPONSIBLE FOR INCORRECT USE OF CONTENT BY USERS OR ANY OTHER PARTY.

THE LIABILITY OF EUREVA CAN BE LOOKED FOR ON NO ACCOUNT BECAUSE OF THE CONTENTS AVAILABLE ON THE OTHER SITES OR THE ACCESSIBLE INTERNET SOURCES BY MEANS OF HYPERTEXT LINKS INSERTED INTO THE APPLICATION (IN PARTICULAR BECAUSE OF ADVERTISEMENTS, PRODUCTS, SERVICES OR QUITE OTHER INFORMATION).

Eureva excludes any guarantee concerning the availability, the reliability and the exactness of the information appearing in the Application and the compatibility of the Application in the specific usages of the User.

Eureva is not capable of guaranteeing to the User that the Application will answer exactly its expectations, nor that no error will appear during the use of the Application. Eureva does not guarantee that the results, the information, the obtained services are exempt from any error or defect. The Application gives no guarantee as for the conditions of broadcasting for the quality of broadcasting and transmission, accessibility of the Content.

The User declares to be also informed and recognizes that the transmission of data (in particular the emission and the reception of Multimedia flows on the networks of the Internet type is subjected to technical constraints and to costs which are not under the control and the responsibility of Eureva and can contain certain risks, and as in particular (i) The reliability of the transmissions, as well as if necessary, their confidentiality, cannot be totally insured, (ii) of the problems of access to the network can be met, making the access to this one difficult, even impossible, (iii) of the interventions / virus can affect the functioning of all or any of the Application or Services, but also damage the used computer hardware.

Legal Protection and Limitations

This contract does not confer on the user any copyrights of the Blinkster Application, which is entirely and exclusively owned by Eureva. The user is granted a limited, revocable, non-exclusive, non-transferable licence to use Blinkster, which is exclusively owned by Eureva.

The user agrees, in the statutory limits, not to dismantle, to decompile, to proceed to operations of inverse engineering, or still not to try to have access to the source code of the Application.