General Terms and Conditions of Use
This Web site is operated in France. Its use is subject to French law.
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEB SITE
Your use of this web site (hereinafter the “Web site”) is subject to the following general terms and conditions of use (hereinafter the “TAC”). Please read them carefully before going further.
By accessing or using this Web site, the user (“the user” or “you”) agree to the following TAC. If you do not agree to these TAC, you must exit the Web site.
Any commercial reproduction, distribution or transmission of all or part of this Web site or any information contained therein by any means whatsoever without the prior written consent of Guillemot is prohibited.
The Web site is the property of Guillemot.
2. INTELLECTUAL PROPERTY RIGHTS: LIMITED LICENSE
Guillemot provides you with access to a variety of services and resources (hereinafter the “Materials”), such as documents, graphics, information, images, videos, sounds, photos, product information, software, texts and databases.
All intellectual property rights, logos, copyrights, brand names, trademarks and any other legally protected information mentioned in these TAC are the property of Guillemot or their respective owners.
The user is granted a license limited to downloading the Materials contained on this Web site to a single personal computer, and to print a hard copy of the different pages of the Web site, solely for personal, non-commercial use, and provided that all copyrights, trademarks and other proprietary notices are left intact. The granting of this limited license is conditional upon your agreement to and compliance with the TAC. Any other use of the Materials contained on the Web site including, but not limited to, reproduction, modification, distribution, or republication, without the express prior written consent of Guillemot is strictly prohibited, and is a violation of the intellectual property rights of Guillemot and/or of the respective license owners. Use of the Materials on any other web site or their distribution without the express prior written consent of Guillemot is strictly prohibited, and is a violation of the intellectual property rights of Guillemot and/or of the respective license owners.
Except as expressly provided herein, Guillemot does not grant any express or implied right to you under any patent, copyright, trademark or trade secret information with respect to the Materials or services.
In addition, you commit not to use (other than to the extent permitted by applicable law) any software or any data included in the software (collectively, the “Software”) or any Materials (of whatever kind) contained in or capable of being downloaded from the Web site to develop, design, produce, manufacture, sell and/or distribute products of any kind, nor will you permit any third party to do any of the above.
You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products or services obtained from the Web site.
3. NOTICE SPECIFIC TO SOFTWARE
If you download any Software from the Web site, any use of the Software and the downloading of the Software, including but not limited to the use and downloading of images or files included in or generated by the Software are subject to the limited license set out above. Guillemot and/or the respective license owners (as the case may be) shall retain all rights, title, interest and all intellectual property rights included in and related to the Software. You may not distribute, sell or transmit, modify or adapt the Software, including but not limited to translating, decompiling, reverse engineering, disassembling, or creating derivative works therefrom, other than to the extent permitted by applicable law.
THIS WEB SITE AND ITS CONTENTS ARE PROVIDED “AS IS” AND WITHOUT ANY OTHER EXPRESS OR IMPLIED RESPONSIBILITY OR GUARANTEE (WHETHER IMPLIED BY LAW, CUSTOM OR OTHERWISE). GUILLEMOT AND ITS SUBSIDIARIES DISCLAIM ALL RESPONSIBILITY AND GUARANTEES, INCLUDING, BUT NOT LIMITED TO, REGARDING USER SATISFACTION, THE QUALITY OF THE WEB SITE, ITS MERCHANTABILITY, ITS FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
IN ADDITION, GUILLEMOT AND ITS SUBSIDIARIES PROVIDE NO GUARANTEE THAT THE INFORMATION AND/OR DOCUMENTS ACCESSIBLE VIA THIS WEBSITE ARE ACCURATE, COMPLETE OR UP-TO-DATE, OR THAT THE WEB SITE IS FREE OF DEFECTS, INCLUDING BUT NOT LIMITED TO VIRUSES OR OTHER ELEMENTS HARMFUL TO THE USER. THE USER ASSUMES ALL RISKS AND DANGERS RESULTING FROM USE OF THE WEB SITE.
5. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER GUILLEMOT, ITS SUBSIDIARIES, NOR ANY OF THEIR RESPECTIVE DIRECTORS, EMPLOYEES, AFFILIATES OR OTHER REPRESENTATIVES SHALL BE HELD LIABLE FOR ANY LOSS OR ANY DAMAGES RESULTING FROM THE USE OF, OR THE INABILITY TO USE, THE WEB SITE, THE MATERIALS AND/OR THE DOCUMENTS OR SERVICES OFFERED ON THE WEB SITE, INCLUDING BUT NOT LIMITED TO ANY INDIRECT LOSS OR DAMAGES, ANY LOSS OF DATA, INCOME, PROFIT OR OPPORTUNITY, ANY LOSS OR DAMAGES WITH RESPECT TO PROPERTY AND ANY CLAIMS BY THIRD PARTIES, EVEN IF GUILLEMOT OR ONE OF ITS SUBSIDIARIES HAS BEEN ADVISED OF THE POSSIBILITY OF THIS TYPE OF LOSS OR DAMAGES AND/OR IF THIS TYPE OF LOSS OR DAMAGES WAS REASONABLY FORESEEABLE.
IN NO EVENT SHALL GUILLEMOT’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, ALL LOSSES AND CLAIMS, WHETHER SET OUT IN THE CONTRACT OR NOT, AS WELL AS FOR ALL HARM (INCLUDING, BUT NOT LIMITED TO, IN THE EVENT OF NEGLIGENCE), OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEB SITE.
IN NO EVENT SHALL THE TOTAL LIABILITY OF GUILLEMOT’S SUBSIDIARIES TO YOU FOR ALL DAMAGES, ALL LOSSES AND CLAIMS, WHETHER SET OUT IN THE CONTRACT OR NOT, AS WELL AS FOR ALL HARM (INCLUDING, BUT NOT LIMITED TO, IN THE EVENT OF NEGLIGENCE), OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEB SITE.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS GUILLEMOT AND ITS SUBSIDIARIES, ITS SUPPLIERS, AS WELL AS ALL OF ITS AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, CONTENT SUPPLIERS, SERVICE PROVIDERS, LICENSORS AND LICENSEES, AND ALL OTHER RELATED PERSONS (COLLECTIVELY, THE “INDEMNIFIED PARTIES”) FROM AND AGAINST ALL EXPENSES AND COSTS, INCLUDING REASONABLE LEGAL FEES AND EXPENSES WITHOUT LIMITATION, INCURRED BY THE INDEMNIFIED PARTIES IN CONNECTION WITH ANY CLAIM OR DEMAND RESULTING FROM OR RELATED TO YOUR USE OF THE WEB SITE, OR YOUR BREACHING OF THESE TAC. YOU WILL ASSIST AND COOPERATE AS FULLY AS REASONABLY REQUIRED BY THE INDEMNIFIED PARTIES IN THE DEFENSE OF ANY SUCH CLAIM OR DEMAND.
8. UNSOLICITED COMMUNICATIONS POLICY
Please do not communicate any unsolicited ideas, suggestions or other materials to Guillemot or the Web site. Guillemot does not accept or consider unsolicited ideas, including ideas for new advertising campaigns, marketing plans, promotions, the creation or improvement of new goods, products, services or technologies, processes, names, samples, demos, images, photographs, or pictures (each hereinafter a “Communication” and collectively the “Communications”). The purpose of this policy is to avoid potential misunderstandings or disputes.
If, despite our request, you submit Communications to Guillemot or the Web site, you automatically grant (or warrant that the owner of the Communications grants) to Guillemot and its assigns a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, worldwide, assignable, sub-licensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and otherwise exploit the Communications or any idea, technique, concept or know-how associated with the Communications for any purpose whatsoever, commercial or otherwise (via any technology, form or media now known or later developed), without providing compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence or other duties on the part of Guillemot or its assigns. You agree, declare and warrant that all moral rights in and to the Communications are waived in favor of Guillemot and its assigns. Guillemot makes no assurances that your Communication will be treated as confidential.
Guillemot may, at its sole discretion, modify, suspend or shut down, temporarily or permanently, the Web site or any part of it or any of its features at any time, for any reason, without any prior notice or liability to you or any other person.
Guillemot may at any time and for any reason (with or without cause) and at its sole discretion, immediately suspend or terminate (in whole or in part) your permission to use the Web site, all without any notice or liability to you or any other person.
Sections 4, 5, 6, 8, 12 and 13 of these TAC continue to apply indefinitely following termination of these TAC.
10. THIRD PARTY SITES
The Web Site may include advertisements for, and links to, other Internet sites or resources and businesses operated or controlled by other persons (collectively “Third Party Sites”). Third Party Sites are independent from Guillemot, and Guillemot has no commitment to or involvement in Third Party Sites, their activities, goods, services, contents, links, webcasting or any other form of transmission, changes or updates to such sites. Links to Third Party Sites are provided solely for your convenience, and the inclusion of any link or advertising does not imply any endorsement on the part of Guillemot. Your use of Third Party Sites and your dealings with the owners or operators of Third Party Sites is at your own risk. Guillemot shall not be held liable for your use of any Third Party Sites, or your dealings with the owners or operators of any Third Party Sites.
11. LINKING, FRAMING AND MIRRORING THE WEB SITE
Links to the Web site without the express written consent of Guillemot are strictly prohibited. Guillemot reserves the right to cancel and revoke any permission it may give to link to the Web site at any time, for any reason, without any prior notice, and without any liability to you or any other person. Framing of the Web site or of all or a portion of its contents in any form and by any method is strictly prohibited. Mirroring of the Web site or of any of its content in any form and by any method is strictly prohibited.
12. GOVERNING LAW
Guillemot and its subsidiaries exclude all declarations and guarantees that the Materials and/or the documents or services offered through the Web site may be used in other countries, or that they comply with any legal or regulatory requirements of such other countries. Individuals choosing to access this Web site do so at their own risk and on their own initiative, and are responsible for compliance with applicable local laws.
These TAC shall be governed by and construed in accordance with French law. Any dispute with respect to these TAC shall be subject to the exclusive jurisdiction of the French courts. By using this Web site, you hereby submit to the non-exclusive jurisdiction of such courts for such purposes and waive any and all objections to jurisdiction or venue in such courts.
In the event whereby any court of competent jurisdiction finds any provision of these terms to be void or unenforceable for any reason, then such provision shall be ineffective to the extent of the court’s finding without affecting the validity and enforceability of the remaining provisions.
This Web site is edited and operated by Guillemot Corporation S.A., a corporation with capital of €11 771 359,60.
Registered office: Place du Granier, B.P. 97143, 35571 Chantepie Cedex, France.
414 196 758 RCS Rennes.
The site’s Managing Editor is Mr. Claude Guillemot