PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEB SITE
Your use of this web site (the “Web site”) is subject to the following Terms And Conditions (“TAC”). You should read them carefully before going further.
By accessing or using this Web site, the user (“user” or “you”) agree to the following TAC. If you do not agree to these TAC, you should exit the Web site.
Commercial reproduction, distribution or transmission of any part or parts of this Web site or any information contained therein by any means whatsoever without the prior written permission of Guillemot Corporation S.A. is prohibited.
The Web site belongs to Guillemot Corporation S.A. (hereinafter “Guillemot”).
2. INTELLECTUAL PROPERTY RIGHTS; LIMITED LICENCE
Guillemot provides you with access to a variety of resources, including documents, graphics, information, images, photos, product information, software, texts (collectively “Materials”) and services.
All intellectual property rights, trademarks, brand names, logos, copyrights, and any other legally protectable information depicted in this Web site belong to Guillemot or its respective licensors.
You are granted a limited licence to download the Materials contained on this Web site to a single personal computer, and to print a hard copy of the Materials contained on this Web site, solely for personal, non-commercial use, and provided all copyright, trade mark and other proprietary notices are left intact. The grant of this limited licence is conditional upon your agreement to and compliance with all these TAC. Any other use of any material contained on this Web site including, but not limited to, reproduction, modification, distribution, or republication, without the prior written permission of Guillemot is strictly prohibited, and is a violation of Guillemot’s (and/or its licensor(s)) intellectual property rights. Use of any Materials on any other internet site or publication without the prior written express permission of Guillemot Corporation S.A. is strictly prohibited, and is a violation of Guillemot’s (and/or its respective licensor(s)) intellectual property rights.
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 will not use (other than to the extent permitted by applicable law) any software, and data accompanying the software (collectively, the “Software”) or other materials (of whatever nature) contained or capable of being downloaded from the Web site to develop, design, produce, manufacture, sell and/or distribute any product of whatever nature 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 this Web site, any use of any Software, the downloading of any such Software including but not limited to any images or files incorporated in or generated by the Software shall be subject to the limited licence set out above. Guillemot and/or its respective licensors (as the case may be) shall retain all right, title, interest and intellectual property rights in and to the Software. You may not distribute, sell, or transmit the Software nor alter, 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 REPRESENTATION, TERM, CONDITION OR WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY LAW, CUSTOM OR OTHERWISE) IN RESPECT OF THE WEB SITE AND/OR ITS CONTENTS. BOTH GUILLEMOT AND ITS AFFILIATED COMPANIES DISCLAIM ALL REPRESENTATIONS, TERMS, CONDITIONS AND WARRANTIES INCLUDING, BUT NOT LIMITED TO, AS TO SATISFACTORY QUALITY, MERCHANTABILITY, 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 AFFILIATED COMPANIES EXCLUDE ANY REPRESENTATION OR WARRANTY THAT THE INFORMATION AND/OR FACILITIES ACCESSIBLE VIA THIS WEBSITE ARE ACCURATE, COMPLETE OR CURRENT, OR THAT THIS WEBSITE WILL BE FREE OF DEFECTS INCLUDING, BUT NOT LIMITED TO, VIRUSES OR OTHER HARMFUL ELEMENTS. THE USER OF THIS WEB SITE ASSUMES ALL COSTS AND RISKS ARISING AS A RESULT OF ITS USE OF THIS WEBSITE.
5. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER GUILLEMOT, GUILLEMOT’s AFFILIATED COMPANIES NOR ANY OF THEIR RESPECTIVE DIRECTORS, EMPLOYEES, AFFILIATES OR OTHER REPRESENTATIVES WILL BE LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE, THE MATERIALS IN AND/OR FACILITIES OR SERVICES OFFERED THROUGH THIS WEB SITE INCLUDING, BUT NOT LIMITED TO, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE, LOSS OF DATA, INCOME, PROFIT OR OPPORTUNITY, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES, EVEN IF GUILLEMOT OR ANY OF ITS AFFILIATED COMPANIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES AND/OR SUCH LOSS OR DAMAGE WERE REASONABLY FORESEEABLE.
IN NO EVENT WILL GUILLEMOT’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CLAIMS (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEB SITE.
IN NO EVENT THE TOTAL LIABILITY OF ANY GUILLEMOT’S AFFILIATED COMPANY TO YOU FOR ALL DAMAGES, LOSSES, AND CLAIMS (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) WILL EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEB SITE.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS EACH OF GUILLEMOT AND ITS AFFILIATED COMPANIES, PROVIDERS AND ALL OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, SERVICE PROVIDERS, SUPPLIERS, LICENSORS AND LICENSEES, AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED PERSONS (COLLECTIVELY, THE “INDEMNIFIED PARTIES”) FROM AND AGAINST ANY AND ALL LIABILITIES, EXPENSES AND COSTS, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL FEES AND EXPENSES, INCURRED BY THE INDEMNIFIED PARTIES IN CONNECTION WITH ANY CLAIM OR DEMAND ARISING OUT OF, RELATED TO, OR CONNECTED WITH YOUR USE OF THE WEB SITE OR YOUR BREACH OF THIS AGREEMENT. YOU WILL ASSIST AND CO-OPERATE AS FULLY AS REASONABLY REQUIRED BY THE INDEMNIFIED PARTIES IN THE DEFENCE OF ANY SUCH CLAIM OR DEMAND.
7. PERSONAL INFORMATION PRIVACY
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, new promotions, new or improved goods, products, services or technologies, product enhancements, processes, names, samples, demos, images, photographs, pictures (each a “Communication” and collectively “Communications”). The purpose of this policy is to avoid potential misunderstandings or disputes.
If despite our request to not communicate us any Communication, you still communicate it 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, world-wide, 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 ideas, concepts, know-how or techniques associated with the Communications for any purpose whatsoever, commercial or otherwise, using any form, media or technology 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, and you agree, represent and warrant that all moral rights in the Communications are waived in favour of Guillemot and its assigns. Guillemot makes no assurances that your Communication will be treated as confidential.
Guillemot may, in its sole discretion, change, suspend or terminate, temporarily or permanently, the Web site or any part of it or any of its features at any time, for any reason, without any notice or liability to you or any other person.
Guillemot may at any time and for any reason, with or without cause, and in 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.
The Sections 4, 5, 6, 8, 12 and 13 in this TAC survive indefinitely after the termination of this 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 responsibility or liability for or control over Third Party Sites, their business, goods, services, content, 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 by Guillemot. Your use of Third Party Sites and your dealings with the owners or operators of Third Party Sites is at your own risk, and you shall not make any claim against Guillemot arising out of 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 permission 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. The framing of the Web site or any of its content in any form and by any method is strictly prohibited. The mirroring of the Web site or any of its content in any form and by any method is strictly prohibited.
12. GOVERNING LAW
Guillemot and its affiliated companies exclude all representations and warranties that Materials in and/or facilities or services offered through this Web site are available for use in other locations, or that they comply with any legal or regulatory requirements of such other locations. Those who choose 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 terms shall be governed by and construed in accordance with French law. Any dispute under these terms shall be subject to the exclusive jurisdiction of the French courts and, 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.
If 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 any remaining provisions.
The Web site is edited and operated by Guillemot Corporation S.A., a corporation with a capital of 11, 617, 359.6 euros.
Registered office: 2 Rue du Chêne Héleuc, 56910 Carentoir, France.
414 196 758 RCS Vannes.
Tel. : +(33) 2 99 08 08 80.
The site’s Managing Editor is M. Claude Guillemot.