This English version is provided for information purposes. In the event of any discrepancy, the French version prevails.
Article 1 – Purpose and scope
These Terms of Use (the “Terms”) set out the conditions under which BlueWaterSky makes available:
- the websites www.multihulls-world.com and www.multicoques-mag.com, its French version (together, the “Website”);
- the Multihulls World and Multicoques Mag mobile apps for iOS and Android (the “App”).
The Website and the App are together referred to as the “Services”. These Terms apply to anyone using them (the “User”), whether a visitor, an account holder, a subscriber or a shop customer.
Orders, subscriptions and purchases are governed by the Terms of Sale. The processing of personal data is described in the Privacy Policy.
Use of the Services implies full acceptance of these Terms.
Article 2 – Publisher
The Services are published by:
BlueWaterSky, a French société par actions simplifiée (simplified joint-stock company) with share capital of €1,333
Registered office: 17 rue de l’Hôtel des Postes, 06000 Nice, France
Registered with the Nice Trade and Companies Register (RCS) under number 942 608 639 – SIRET 942 608 639 00012
EU VAT number: FR61942608639
Publication director: Emmanuel van Deth
Contact: admin@multihulls-world.com
BlueWaterSky publishes under the titles “Multicoques Mag” and “Multihulls World”.
Article 3 – Hosting and distribution
The Website and the App servers are hosted by Wellcode, 35 rue du Val Saint Epvre, 54113 Moutrot, France, in accordance with Article 6-III of French Law No. 2004-575 of 21 June 2004 on confidence in the digital economy.
The App is distributed through Apple’s App Store and Google Play. Downloading it is also subject to the terms of those platforms. Apple and Google are not parties to these Terms and bear no responsibility for the content or operation of the App.
Article 4 – Access to the Services
The Website and the App are free to access, excluding internet connection costs, which remain the User’s responsibility. Some content (premium articles, archives, issue PDFs, boat tests) is only available to signed-in Users who hold an active subscription or have purchased that content, under the conditions of their plan as described in the Terms of Sale.
Subscriptions are purchased on the Website. The App allows Users to sign in with their account to access the content of their subscription. Physical products from the shop can be purchased on the Website and in the App.
BlueWaterSky uses reasonable means to provide quality access to the Services, without any obligation of result. It may interrupt, suspend or modify all or part of the Services, in particular for maintenance or updates, without this giving rise to any compensation.
Article 5 – Services offered
The Services allow Users in particular to:
- read editorial content about the multihull world: news, boat tests, technical data sheets, features, practical advice, destinations, postcards, videos, Multihull of the Year;
- read magazine issues and, depending on their plan, download their PDFs;
- take out a subscription and buy products from the shop, under the conditions of the Terms of Sale;
- sign up for the newsletter;
- manage their account, subscriptions and orders.
Article 6 – User account
A single account gives access to both the Website and the App. The User provides accurate and up-to-date information. The User is solely responsible for keeping their login details confidential and for all activity carried out through their account, and must promptly inform BlueWaterSky of any unauthorised use.
The User may delete their account at any time from the “My account” area, on the Website or in the App, or by writing to admin@multihulls-world.com. The procedure and the consequences of deletion (loss of access to purchased content, retention of invoices) are detailed on the Delete your account page.
BlueWaterSky may suspend or close an account in the event of a breach of these Terms, fraud or unlawful use, after informing the User in advance where circumstances allow. Accounts inactive for three years are deleted, under the conditions set out in the Privacy Policy.
Article 7 – Use of the App
BlueWaterSky grants the User a personal, non-exclusive, non-transferable and free right to use the App on the devices at their disposal, for private use. This right ends when the App or the account is deleted.
PDFs downloaded in the App are for the User’s personal use only and may not be shared, resold or distributed.
The App may request access to the camera to scan a bank card during payment. This access is optional: the User can always enter their card details manually. The App contains no advertising and no audience measurement tools.
BlueWaterSky may release updates to the App. Some features may require the latest version of the App or a recent version of the device’s operating system.
Article 8 – Reader contributions
Users may send texts and photos to the editorial team, in particular for the “Postcards” section. They guarantee that they are the author or hold the necessary rights, and that they have obtained the consent of any people shown.
By sending a contribution, the User authorises BlueWaterSky, free of charge, to reproduce, adapt and publish it on the Website, in the App, in the print and digital magazine and on its social media, crediting the User’s name or pseudonym, for the legal duration of copyright. The editorial team remains free to publish a contribution or not, and to edit it.
Where an operation provides for it (for example a free digital subscription for a published postcard), its conditions are specified on the Website at the time of the operation.
Article 9 – Newsletter
Signing up for the newsletter is optional and free, and is based on the User’s consent. The User may unsubscribe at any time using the link in each email or by writing to admin@multihulls-world.com.
Article 10 – Intellectual property
All elements of the Services (texts, articles, boat tests, photographs, videos, illustrations, issue PDFs, logos, the Multicoques Mag and Multihulls World trademarks, graphic identity, databases, App code) are protected by intellectual property law and belong to BlueWaterSky or its partners.
The User may view them and, where their plan allows, download and print content for strictly private use. Any other reproduction, representation, extraction or distribution, in whole or in part, without BlueWaterSky’s prior written permission is prohibited and may constitute infringement under Articles L. 335-2 et seq. of the French Intellectual Property Code.
Article 11 – Personal data
The processing of personal data carried out in connection with the Services is described in the Privacy Policy, drawn up in accordance with Regulation (EU) 2016/679 (GDPR) and the French Data Protection Act.
Users may exercise their rights (access, rectification, erasure, objection, restriction, portability) by writing to admin@multihulls-world.com, and may lodge a complaint with the CNIL, the French data protection authority.
Article 12 – Cookies and trackers
On the Website, audience measurement and advertising cookies are only set with the User’s consent, collected through the banner displayed on their first visit and which can be changed at any time via the “Cookie settings” link at the bottom of each page. Advertising on the Website is the same for all readers and is not personalised.
The App only uses technical trackers necessary for its operation and displays no advertising.
Details are provided in the Privacy Policy.
Article 13 – Liability
BlueWaterSky strives to ensure that the information published is accurate and up to date, but cannot guarantee that it is complete or free of errors. Boat tests, technical data sheets and practical advice are provided for information purposes and do not replace the advice of a marine professional.
BlueWaterSky cannot be held liable for damage resulting from an interruption of the Services, a virus, an intrusion by a third party or an incompatibility with the User’s device, unless proven to be at fault.
Article 14 – Links and third-party content
The Services may contain links to other websites, in particular the classified ads website multicoques-occasion.com, as well as videos hosted by YouTube or Vimeo. BlueWaterSky has no control over these websites and services and accepts no liability for their content.
Article 15 – Changes to these Terms
BlueWaterSky may amend these Terms, in particular to reflect changes to the Services or to regulations. The applicable Terms are those in force on the date the Services are used. In the event of a significant change, account holders are informed by email or by a message in the App.
Article 16 – Governing law and disputes
These Terms are governed by French law.
In the event of a dispute, the User is invited to contact Reader Services first at admin@multihulls-world.com. If no amicable solution is found, a User acting as a consumer may refer the matter free of charge to the consumer mediator:
CM2C, 49 rue de Ponthieu, 75008 Paris, France – Tel. +33 1 89 47 00 14 – www.cm2c.net – litiges@cm2c.net
Failing an amicable resolution, the competent French courts under ordinary rules of jurisdiction shall have sole jurisdiction.
Article 17 – Contact
For any question about these Terms: admin@multihulls-world.com, or BlueWaterSky, Reader Services, 17 rue de l’Hôtel des Postes, 06000 Nice, France.