These terms and conditons(the “Terms and Conditons”)set forth the legally binding terms for accessing, using and visitng any and all web pages and related services and materials of this website of Eagle-Review,,VilleBe,58170,Poil registered in Nevers with enterprise nr. 621 880 186 0013 (“Eagle Review”). By accessing the website, you (“You”)unconditonally accept the present Terms and Conditons in their entirety. The present Terms and Conditions and, if applicable the Terms and Conditions for Listings, constitute the agreement between Eagle-Review and the User (the “Agreement”).
2.1 Basic rules
This Website may contain discussion forums, bulletin boards, review services or other forums in which you or third parties may post reviews of travel experiences or other Content ("Interactive Areas"). If Eagle-Review provides such Interactive Areas, You are solely responsible for Your use of such Interactive Areas and use them at Your own risk.
By using the Website including the Interactive Areas, You agree not to:
1. use this Website or its Content for any commercial purpose without our express written permission;
2. access, monitor or copy any Content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express wriBen permission;
3. violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;
4. take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
5. deep-link to any portion of this Website for any purpose without our express written permission;
6. "frame", "mirror" or otherwise incorporate any part of this Website into any other website without our prior written authorization;
7. attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Eagle‐Review in connection with the Website or the services;
8. send or post unsolicited messages (‘spam’) to other Users;
9. limit or hinder the normal functioning of the Website;
10. promote hunting or fishing on endangered species;
11. post any unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive,harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory,fraudulent or otherwise objectionable Content;
12. post Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
13. post Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
14. post Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including Eagle‐Review;
15. post unsolicited promotions, political campaigning, advertising, contests, raffles, or solicitations;
16. post private information of any third party, including, without limitation, surname (family name) addresses, phone numbers and e-mail addresses without such person’s prior consent;
17. post viruses, corrupted data or other harmful, disruptive or destructive files.
As a condition of Your use of this Website, you warrant that (i) all information supplied by you on this Website is true, accurate, current and complete and (ii) you are 18 years of age or older in order to become a Member to our Website. Eagle-‐Review does not knowingly collect the information of anyone under the age of 18.
2.2. Rules with regard to reviews and use of the Interactive Area
Many people like You rely on Eagle-Review ratings when planning a trip. When posting reviews on the Website, we request You to ensure that Your reviews are:
1. Family-friendly – Abstain from using rude language, threats, prejudiced comments, sexually explicit language, or other content that is not appropriate.
2. Written by actual anglers or hunters -‐ We accept reviews that detail first-hand experiences with the destinations.
3. Relevant to other anglers or hunters – Abstain from posting content that is not relevant to trip planning and research.
4. Unique and Independent – We request You to write only one review on any given destination per visit.
5. Original – Abstain from using substantial quoted material from other sources, including (but not limited to) websites, e-mail correspondence, other reviews, etc.
7. No reviews written by owners, management or other representatives of the destination; including past employees, volunteers or anyone associated with/related to employees of the destination in question.
8. Submitted for an appropriate destination -addressing a destination that meets our policy for Listings;
8. Submitted for an appropriate destination -addressing a destination that meets our policy for Listings;
10. Contain a valid email address and comply with standard e-mail formating:
a. The e‐mail address associated with Your account must be correct; we may need to contact You if there is a problem with Your review.
b. No HTML tags and no excessive ALL CAPS, slang, formamng issues, repeated text, or typographic symbols.
c. Use the correct alphabet for the language in which you are writing. At the moment we only publish the site in Spanish, German, French and English. More languages will be added at a later stage.
Eagle-Review reserves the right to remove a review or management response at any time for any reason. The reviews posted on Eagle-Review are individual and highly subjective opinions. The opinions expressed in reviews are those of Members and not of Eagle‐Review. We do not endorse any of the opinions expressed by Members. We are not affiliated with any establishment listed or reviewed on this Website.
You acknowledge that the Website consists of public communication and messages between its Users and that any communication on the Website is not of a private nature. Therefore, You understand and agree that other Users may be able to read Your communication or messages on the Website.
2.4. Restriction of access, reporting of irregular use and notice and takedown procedure
If a User fails to comply with these Terms and Conditions, Eagle-Review will, if possible, provide a notification thereof to the User concerned. If the User fails to remedy such breach within twenty-four (24) hours aaer the notification was sent, Eagle-Review is entitled to temporarily (i) suspend any of its services provided to the User and/or (ii) deny or restrict the User’s access to the Website.
In addition, Eagle-Review explicitly retains all rights to report Users to the competent authorities and to provide any information required to comply with all applicable laws or regulations, or to comply with a judicial or administrative order.
In order to enable Eagle-Review to take the required and appropriate measures to restrict access to or to delete any Content that would violate these Terms and Conditions, Eagle-Review asks its Users to report any such infringing Content that might be accessible on the Website. The Users are requested to use the following e-mail address for this purpose: firstname.lastname@example.org
Eagle-Review exercises no control nor in any way approves the user-generated Content including the messages or the information that is posted on and/or used in the Website, and consequently Eagle-Review specifically refuses to accept any liability concerning the user-generated Content or any legal claim that results from Your or another User’s use of the Website.
In addition thereto, Eagle-Review and/or its affiliates, employees and suppliers make no statement concerning the appropriateness, reliability, suitability, usefulness and/or exactness of the Content, software, products, services and associated graphics, currency convertors or translation functions and elements that this Website contains, regardless of its use. Eagle-Review is neither responsible nor liable for any errors or omissions, or for the results obtained from the use of this Content. The information, products and services included in this Website can contain technical and content-related inaccuracies or typing errors. This Content is subject to periodic change and Eagle-Review, its affiliates, employees and/or suppliers can make improvements and/or changes to this Website at any time.
Under no circumstances shall Eagle-Review, its related partners or corporations, managing directors, principals, agents or employees be responsible or liable to You or anyone else for any decision made or action taken in reliance upon the Content of the Website or for any direct, indirect, incidental, special or general, consequential or other damages whatsoever, even if advised of the possibility of such damages. With the exception of direct damages resulting from willful misconduct, Eagle-Review and/or its suppliers will not be held liable for direct damages, incidents, sanctions in the form of damages awarded, collateral damage, extraordinary damage, indirect damage or any other type of damage, whether material or immaterial, especially for damages resulting from a loss of use, of data or a loss of profits resulting from or related to the use or the operation of this Website, the delay related to the use of this Website or the impossibility to use it, the delivery or the lack of devivery of services, or for damages related to any form of information, software, products, services and associated graphics elements that were obtained via this Website or that are the result of the use of this Website, regardless of whether it concerns contractual liability, liability due to an unlawful act or quasi-unlawful act, or whether this liability is based on a liability without fault or other, even if the Website or one of its suppliers would have been informed of the possibility of such damages.
Certain hypertext links in this Website will lead You to external websites that are not under the control of Eagle-Review. Eagle-Review accepts no responsibility or liability for the contents of any third party
5.1 Password and access code
Any Member agrees to respect the secret and confidential character of his or her password and access code. The Member is fully responsible for each use of these identification elements. In the event of loss, thea or fraudulent use of one of these elements, the Member is obliged to inform the Website in writing as soon as possible.
5.2. On-line communication
Messages that You send to or through the Website by e-mail may not be secure. Eagle‐Review recommends that You do not send any confidential information by e‐mail. If You choose to send any messages via e-mail, You accept the risk that they may be intercepted, misused or modified by a third party.
5.3 Security on Website
Eagle‐Review uses best efforts to secure the Website. To that end, Eagle-Review operates a secure data network that is protected by industry standard firewalls and password protection. Eagle‐Review’s Website has also implemented security measures to protect against the loss, misuse and alteration of Your User data under our control.
6.1 Legal protection of the Website
Any and all elements of the Content (such as but not limited to texts, lays out, illustrations, pictures, functionalities) and the Website itself are, among others, protected by national and international rules governing intellectual property rights which include, but are not limited to, copyright, database rights and trademarks. Any reproduction, copy, adaptation, translation, modification, alteration, edition and or diffusion of all, or a part, of the Website, whatever the form and whatever the means, electronic and/or mechanic, is strictly prohibited without the prior wriBen consent of the right holder(s). Any violation of rightholder's rights maylead to civiland/or criminal proceedings.
6.2 Legal protection of Eagle‐Review’s database
Eagle‐Review has made a substantial investment in creating and producing the Eagle‐Review database. Eagle‐Review's database is an original database integrating independent data in a systematic an original way, the creation of which has entailed a substantial investment. Eagle‐Review's database s,
among others, protected by national and international rules governing author's rights. Any reproduction, copy, adaptation, translation, modification, alteration, edition and/or diffusion of all, or a part, of Eagle‐Review’s database, whatever the form and whatever the means, electronic and/or mechanic, is strictly prohibited without the prior wriBen consent of Eagle-Review.
Furthermore, the content of Eagle-Review's database is protected by French law and the directive 96/9/EC of the European Parliament and of the Council of 11 March 1996. According to these legal provisions, Eagle-‐Review may prevent extraction and/or reutilization of the whole or of a substantial part of the contents of Eagle‐Review's database and may specify to lawful users which parts of Eagle- Review database such lawful users are authorized to extract and/or re-utilize. Lawful users of Eagle-Review’s database may not undertake any action which conflicts with the normal use of the database or which would cause unreasonable prejudice to the legitimate interests of Eagle‐Review.
Violation of Eagle‐Review’s copyright and/or database rights may lead to civil and/or criminal proceedings
6.3 Legal protection of the Content
When the User provides or uploads to the Website or data (such as names and e‐mail addressesof himselfor otherindividuals),then he:
1. grants to Eagle-Review, without any charge and for the duration of copyright under French law, a worldwide, irrevocable, non-exclusive, transferable and sub-licensable right to, wholly or partially, in any form, in any way and on any medium including the Website), separately or in combination with any other works, use, reproduce, communicate to the public, arrange, adapt, modify, film, make images, photographs or drawings of, translate, make available, exploit, distribute, commercialize, possess or offer for commercial purposes, put into commerce, sell, disseminate, rent, lend and/or integrate in the Website or another website or medium, the Content. To the extent permiBed by law, the User refrains from exercising his moral rights against Eagle-Review for the Content he has uploaded to the Website;
2. warrants that he is entitled to do so and grant said rights and that Content, the provision and uploading thereof and the granting of said rights do not violate any intellectual or industrial property rights, privacy rights, rights of image or any other rights of any third party. If any third party makes a claim or initiates any legal proceedings against Eagle-Review in connection herewith because of an alleged violation of any right of that third party, then the User will, at his own costs and at Eagle-Review’s first request, provide Eagle‐Review with all possible information, help and assistance (i.e. voluntarily intervening in a negotiation, mediation or proceedings) which enables Eagle-Review to optimally defend itself, and integrally compensate Eagle-Review for any compensations, fines, costs and other damage (including aBorneys and experts fees and costs) in connection with or arising out of such claim or proceedings.
Unless expressly provided otherwise, this Agreement is valid for an indefinite period.
In addition to any other remedy it may have, Eagle-Review may terminate this Agreement by e‐mail notification, without any prior recourse to the court and without any further notice, if
a) the User materially and/or repeatedly fails to perform any of its obligations under this Agreement, and such failure is not remedied within twenty‐four (24) hours aaer wriBen notice from Eagle‐Review to the failing party reasonably specifying the nature of the failure;
b) the User defaults in the timely payment of any amount due to Eagle-Review pursuant to this Agreement or the Terms and Conditions for Listings, and does not cure such default within ten (10) days aaer being given wriBen notice by Eagle‐Review.
Termination of this Agreement pursuant to this rticle, will not affect any licenses granted by the User pursuant to Article 6.
8.1. Changes to the Terms and Conditions
Eagle-Review preserves the right to adapt and amend all Terms and Conditions of the Website including the Terms and Conditions for Listings and the User obliges himself to consult any and all Terms and Conditions, mentioned above, before each use of the Website. Any access and/or use of theWebsite implies the agreement ofthe Useronthe content ofany andall Terms and Conditions in force at the moment of access and/or
8.2. No waiver
The failure of the Website to exercise or enforce any right or provision of the Terms and Conditions including the Terms and Conditions for Listings shall not operate as a waiver of such right or provision.
8.3. Suspension and/or removal of Content
With a view to improving or maintaining quality of the Website, Eagle-‐Review may, without notice, suspend access to this Website in whole or in part, or temporarily or permanently suspend or remove some Content. Under no circumstances will such suspension or removal result in any payment of damages.
In case a provision or a condition provided in these terms and Conditions or the Terms and Conditions for Listings becomes, for whatever reason, invalid or unenforceable this will not affect the validity and enforceability of the other provisions of the Terms and Conditions or the Terms and Conditions for Listings. The User accepts that a similar condition will apply,that is as close as possible with the purpose and consequences of the invalid or unenforceable provision.
8.5. Governing law and jurisdiction
Any dispute relating to or resulting from, directly and/or indirectly, the use of, the (lack of) access to, the visit of and the (illegal or prohibited)use of the Website are governed solely byFrench law. The Courts of Nevers shall have exclusive jurisdiction over any dispute relating thereto, without prejudice to Eagle-‐Review’s right of making choice of any other court having jurisdiction on such a dispute under any applicable law.
The use of the Website is not allowed in countries where the totality or a substantial part of the Terms and Conditions, including this paragraph, is not applicable.