General terms and conditions of use
Latest revision: April 2023
0 - INTRODUCTION
These terms and conditions of use are concluded between any internet user of the website (hereinafter referred to as a "User") and the decathlonglobalcreativedirection.com website, operated by DECATHLON Société Européenne, listed on the Register of Companies of Lille Métropole under number 306 138 900 and with registered office at 4 Boulevard de Mons, Villeneuve d’Ascq, hereinafter referred to as the "Site" or "DECATHLON".
The Site belongs to the "DECATHLON GROUP". The latter refers to the DECATHLON SE company and all of the companies in which it holds, directly or indirectly, a minimum of 10% of the capital or voting rights (hereinafter referred to as the "DECATHLON SUBSIDIARIES" or "DECATHLON GROUP Companies").
The Site refers to the website accessible chiefly from the URL decathlonglobalcreativedirection.com, which enables Users to benefit from the features described in article 1. DECATHLON restricts the use of its Site to Users under the supervision of SSO Decathlon (Decathlon internal access) or external Users who have been subject to prior access moderation by DECATHLON.
For the purposes of these conditions, the term "Use" comprises all operations performed by the User upon accessing the Site, including simply viewing it, by any means of access (in particular, computer, tablet and smartphone), type of connection (private connection, third-party or public WiFi connection) and place of connection (from France or abroad).
Use of the Site implies the unconditional acceptance of these terms of use by the User. These terms of use may be subject to changes. It is therefore understood that the applicable terms and conditions are those in force on the Site at the time of its use.
1 - DESCRIPTION OF THE SITE
The Site is a digital platform that may allow a User to register for participation, in person or digitally, in the Global Creative Direction. It grants access to information concerning the programme of the event and to view a live stream, along with surveys and live Q&A sessions. Lastly, it enables the provision of replays of content presented during the event.
2 – FEATURES OFFERED BY THE SITE
The Site allows the User:
- to access and sign up for Decathlon live events,
- to view replays of these live events and/or information about them, broadcast by Decathlon,
- to ask questions and take part in various sessions during live events,
use of the Site requires prior registration by the User.
This list of features is provided for information purposes only. The Site reserves the right to add or remove features, whether temporarily or permanently, without the agreement of the User.
3 – TERMS OF USE OF THE SITE
3.1 The Site is reserved for the use of individual adults as well as minors with parental consent. In any case, DECATHLON encourages any person responsible for a minor to monitor his /her use of the Site.
3.2 Access to certain services offered by the Site may be subject to the creation of a DECATHLON Account (hereinafter, the "Account") requiring the User to provide information relating to his/her identity. Under the provisions of the Law on trust in the digital economy (LCEN) of 6 August 2004 (amended), the Site is legally obliged to collect and retain this personal data. The User undertakes to submit accurate and complete data regarding their identity and is forbidden from stealing the identity of any third party. Should the User fail to comply, the Site reserves the right to refuse to confirm, to suspend or to delete the User's account.
4 – BEHAVIOUR ON THE SITE
The User is prohibited from:
- Committing any illegal act whatsoever;
- Extracting or collecting the personal details of users of the Site by any means whatsoever;
- Extracting, saving or using content from third parties that is subject to intellectual property rights, those relating to private life, personal details or image rights, for purposes other than simply displaying it while navigating the Site;
- Storing, disseminating or publishing any content that is illegal, harmful, abusive, racist, hate speech, revisionist, immoral, or which infringes on the rights of third parties, in particular the image rights of persons and goods, intellectual property rights, and privacy rights;
- Storing, disseminating or publishing any information that reveals, directly or indirectly, the User's political, philosophical or religious views, their trade union affiliation, state of health or sexual orientation;
- Assuming the identity of a third party and/or publishing any personal information about a third party;
- Storing, disseminating or publishing any content which may be harmful, directly or indirectly, to the interests of the DECATHLON GROUP.
More generally, the User undertakes to refrain from any behaviour which is contrary to sporting ethics and/or the values and interests of the DECATHLON GROUP.
Lastly, the User undertakes not to develop, adopt or use software, devices, scripts, bots or any other resource or process (especially crawlers, browser plug-ins and additions, or any other technology) aimed at conducting web scraping of Content or copying profiles and other data from the Site.
5 - INTELLECTUAL PROPERTY
5.1 Content published by the Site
The Content on the Site is subject to intellectual property rights and is protected by intellectual property laws, in particular those concerning copyright, drawings and models, brands, domain names, patents, knowledge, software and databases. The DECATHLON GROUP and its partners remain the owners of all of this Content and associated rights.
The DECATHLON GROUP grants Users a limited, non-exclusive, non-transferable, revocable license for the sole purposes of accessing, navigating and using the Site. This licence does not grant Users any other rights, in particular for any commercial use of this Content.
6 – LIABILITY
6.1 Site Liabilities
6.1.1 Navigation and use of the Site is the responsibility of the User. The Site may include links to third party sites. By clicking on these links, the User recognises that DECATHLON can offer no guarantee as to their content, and therefore accepts to proceed at their own risk. Consequently, DECATHLON cannot be held liable for any damage which may result from the access and/or the use of the Site and the information which it contains. Furthermore, the User is informed that DECATHLON may be required to temporarily interrupt access to the Site for technical reasons and particularly for site maintenance. The User accepts these disruptions and waives any claim regarding this issue.
Use of the Site by the User implies knowing and accepting the characteristics and limitations of technologies inherent to the Internet, with particular regard to response times for visit or querying the server hosting the Site, technical performance, risks of disruption and, more generally, any risk incurred during data transmission.
Therefore, the Site, and the DECATHLON GROUP generally, may under no circumstances be held liable for any of the following (with this list being in no way exhaustive):
- any information viewed on the Site which was not published online by DECATHLON,
- Any malfunction of the system that prevents the Site from operating correctly,
- Any software malfunction,
- The consequences of any computer virus, bug, anomaly or failure,
- Any damage caused to the User's computer.
6.1.2 In its role as host, under article 6.I.2 of the Law on trust in the digital economy of 21 June 2004 (amended), the Site cannot be held liable for the activities or the content published on the site by other Users. The Site's liability is strictly limited to what is provided for under articles 6.I.2 et seq. of said law. The Site may therefore delete any illicit or manifestly illicit content without prior warning in accordance with the provisions of article 6.l.3 of said Law.
Therefore, the Site is not required to monitor the quality, security, veracity or legitimacy of Content published by Users.
6.2 User's liability
6.2.1 By using the Site, the User accepts to release the DECATHLON GROUP from all liability and to indemnify it against any damages, costs and fees, arising directly or indirectly from:
- Any claim made by a third party concerning any content published in its name, in particular concerning the violation of rights to the content published by the User on the Site or publishing offences related to the elements sent or published on the Site;
- Any activity relating to participation on the Site which is contrary to the present terms and conditions, including that which is conducted for fraudulent purposes;
- Violation of these Terms of Use of the Site.
6.2.2 The Site shall raise the awareness of its Users to the publication of Content, such as screenshots or other photos of Users.
The Site hereby informs its Users of the need to publish or share photographs, images or videos which are respectful of and conform to sports ethics and the values of the DECATHLON GROUP. Any Content which does not comply will be systematically removed from the Site.
7 - ENTIRETY
If one or more of the provisions of these general conditions of use is declared null and void by the application of a law or regulation, or following a definitive legal or administrative decision, the other stipulations shall retain their force and scope.
Under no circumstances shall the fact that one of the parties has not demanded the application of any one of the clauses of these conditions whatsoever, whether permanently or temporarily, be considered as a waiver of said clause.
8 - APPLICABLE LAW
These general terms and conditions of use are subject to French law.