PREAMBLE
The present conditions of use are concluded between any Internet user of the Internet site (hereinafter referred to as "the User") and the site "fondationdecathlon.com" is operated by the DECATHLON Foundation, a corporate foundation, registered with the REE under number 498 201 565 and whose head office is located at 4 boulevard de Mons, 59650 VILLENEUVE D'ASCQ; hereinafter referred to as "the Site" or "fondationdecathlon.com".
The DECATHLON Foundation belongs to the "DECATHLON GROUP". The latter refers to DECATHLON SA and all the companies held by the latter, directly or indirectly, up to a minimum of 10% of the capital or voting rights (hereinafter referred to as "DECATHLON Subsidiaries" or "DECATHLON GROUP Companies").
The Site refers to the Internet site accessible mainly from the URL https://www.fondationdecathlon.com and enabling Users to benefit from the functionalities described in article 2. The Site restricts the use of its Site to Users for use at a normal frequency. The use of or access to the Site is strictly forbidden to any individual or legal entity using the Site for professional purposes or as part of an ancillary professional activity.
For the purposes of the present document, the term "Use" covers all operations carried out by the Internet user when accessing the Site, including simple consultation, whatever the access device (in particular, computer, tablet and Smartphone), the type of connection (private connection, third-party connection or public Wi-fi) and the place of connection (from France or abroad).
Use of the Site implies unreserved acceptance of these terms and conditions by the User. These conditions are subject to change. It is therefore understood that the applicable conditions are those in force on the Site at the time of use.
FEATURES OFFERED BY THE SITE
The Site allows the User :
- Discover the Decathlon Foundation
- Publish opinions on projects supported by the Decathlon Foundation
- Submit a project to the Decathlon Foundation
The list of features is provided for information purposes only. The Site reserves the right to add or remove features, temporarily or permanently, without the User's consent.
TERMS AND CONDITIONS OF USE
3.1 The Site is reserved for adults and minors with parental consent. In any event, the Site encourages all persons responsible for minors to monitor their use of the Site.
3.2 Access to certain services offered by the Site may be subject to the creation of an Account requiring the User to provide information enabling him/her to be identified. In compliance with the provisions relating to the protection of personal data arising from the Law for Confidence in the Digital Economy (LCEN) of August 6, 2004 as amended, as well as the RGPD, the DECATHLON Foundation collects and stores this identification data.
To find out about the conditions for processing your personal data, please visit the following page: click here.
The User therefore undertakes to provide accurate and complete details of his or her identity and to refrain from impersonating any third party. Otherwise, the Site reserves the right not to confirm, suspend or delete the account.
POSTING CONTENT ON THE SITE
4.1 In order to facilitate exchanges between the Foundation and Users, the Foundation offers Users modules enabling them to upload content to the Site. For the purposes hereof, "Content" is defined as any element posted by the User on the Site, such as text, comments, images, photos, videos or any type of file, regardless of content or form.
4.2 The User is responsible for anything that may occur in his/her name and from his/her computer terminal. The User undertakes to notify the Site immediately if he/she has reason to believe that his/her pseudonym or e-mail address is, or may be, known by a person not authorized to use it. The Site declines all responsibility in the event of use of a User's personal data by an unauthorized third party.
4.3 The Site may only be used for personal, non-commercial purposes. Under no circumstances may the User communicate commercial information or conduct any business on the Site, in any form whatsoever and for any reason whatsoever.
BEHAVIOR ON THE SITE
In particular, the User agrees not to:
- Committing any illegal act;
- Extract or collect personal data from users of the Site by any means whatsoever;
- To extract, record or exploit, for purposes other than the sole display during browsing on the Site, third-party content subject to intellectual property rights, relating to privacy, personal data or image rights;
- Store, disseminate or publish any content that is illegal, harmful, abusive, racist, inciting hatred, revisionist, contrary to public decency, invasive of privacy or infringing the private rights of third parties, in particular the right to the image of persons and goods, intellectual property rights or the right to privacy.
- Store, disseminate or publish any information that may reveal, directly or indirectly, the interests of the DECATHLON GROUP.
In general, the User undertakes to refrain from any behaviour contrary to sporting ethics or to the values and interests of the DECATHLON GROUP.
INTELLECTUAL PROPERTY
6.1 Content published by the Site
The Content on the Site is subject to property rights and protected under intellectual property law, in particular copyright, designs and models, trademarks, domain names, patents, know-how, software or databases. The DECATHLON GROUP and its partners remain the owners of all such Content and associated rights.
DECATHLON GROUP grants Users a limited, non-exclusive, revocable license, without the right to sub-license, to access, browse and use the Content on the Site. This license does not grant Users any other right, in particular any right of commercial exploitation of such Content.
6.2 Content published by Users
All Content (in particular text, comments, files, images, photos, videos, works, etc.), which may be subject to property rights, intellectual property rights, image rights or any other private right, remains the property of the User, subject to the limited rights granted by the license defined below to the DECATHLON GROUP or to the application, on a case-by-case basis, of other special conditions previously accepted for specific services potentially available on the DECATHLON GROUP sites. Users are free to publish or not to publish such Content on the Site and accept that such Content becomes public and freely accessible, in particular on the Internet. They acknowledge, undertake and guarantee that they have all the rights and authorizations necessary for such publication on the Site, in particular with regard to current legislation and rights to privacy, property, intellectual property, image, contracts or of any other nature. By such publication on the Site, Users are aware of their responsibility as publishers of the Content within the meaning of the law, and grant DECATHLON GROUP, for the entire duration of publication, a non-exclusive, free, worldwide license on the said Content, including the rights of reproduction, representation, loading, display, performance, transmission, storage, as well as sub-licensing, in particular to its subsidiaries, technical partners and other Users of the Site.
Users also authorize their name to be associated with the Content and accept that this association may not always be made. By their publication, Users authorize that Content may automatically become accessible on the Internet, in particular on other DECATHLON GROUP sites and/or blogs and/or web pages, including in particular DECATHLON social network pages or Users of DECATHLON GROUP sites who may share certain content. Users may ask DECATHLON to stop their publication in accordance with the terms set out in article 8 of these terms of use.
By posting an opinion or comment on the "DECATHLON Opinion Service", the User acknowledges that this opinion becomes public and grants DECATHLON Group companies and their duly authorized partners the right to use, store, publish, translate, create derivative works from, exploit, distribute and display the content, in full or in part, of the opinion and/or comment, within the framework of any intellectual property rights protection they may enjoy, and to use the name and/or first name supplied with the review or comment for any purpose, in particular commercial and advertising purposes, on any media, in particular the Internet, emailing (paper and/or online), posters, signage, point-of-sale advertising, leaflets, advertisements, magazines, television, radio and similar media, throughout the world and for a period of 10 years.
RESPONSIBILITY
7.1 Site liability
7.1.1 Consultation and use of the Site is at the User's own risk. The Site may contain links to third-party sites. By clicking on these links, the User acknowledges that the DECATHLON Foundation cannot guarantee their content, and therefore accepts to access them at his/her own risk. Consequently, the DECATHLON Foundation cannot be held responsible for any damage resulting from access and/or use of the Site and the information it contains. The User is further informed that the DECATHLON Foundation may temporarily interrupt access to the Site for technical reasons, in particular for maintenance purposes. The User accepts these interruptions and waives any claim in this respect.
Use of the Site by the User implies knowledge and acceptance of the characteristics and limits of the technologies inherent in the Internet, particularly with regard to response times for consulting or querying the server hosting the Site, technical performance, risks of interruption and, more generally, any risk incurred during data transmission.
Consequently, the Decathlon Foundation and, more generally, the DECATHLON NETWORK may not under any circumstances be held responsible for, without this list being exhaustive:
- any information consulted on the Site that is not put online by the DECATHLON Foundation
- Any network malfunction preventing the Site from operating properly
- Loss of any data
- Software malfunctions
- The consequences of any computer virus, bug, anomaly or malfunction.
- Any damage caused to the User's computer
7.1.2 The activity of fondationdecathlon.com is limited to connecting Users and hosting content published by Users. In its capacity as host, within the meaning of Article 6.I.2 of the French Law for Confidence in the Digital Economy of June 21, 2004 as amended, fondationdecathlon.com cannot be held liable for activities or content stored on its Site. The liability of the DECATHLON Foundation is limited to that provided for in articles 6.I.2. et seq. of the aforementioned Act. The Site may therefore delete any illicit or manifestly illicit content without prior warning, in accordance with the provisions of article 6.I.3. of the aforementioned Law.
Consequently, the DECATHLON Foundation is not required to exercise any a priori control over the quality, safety, truthfulness or lawfulness of Content posted by Users.
7.2 Responsibility of the User
7.2.1 By using the Site, the User agrees to hold DECATHLON GROUP harmless and indemnify it against all damages, costs and expenses, direct and indirect, arising from :
- Any claim by a third party concerning any content submitted on its behalf, in particular for infringement of rights to content published by the User on the Site or press offences in connection with items sent or published on the Site;
- Any activity relating to participation on the Site contrary to these terms and conditions, including for fraudulent purposes;
- Violation of these Terms of Use.
7.2.2 fondationdecathlon.com wishes to make its Users aware of the publication of Content, such as photographs or other photos of Users.
fondationdecathlon.com draws the attention of its Users to the need to publish or share photographs, images or videos that respect and comply with the values of the DECATHLON GROUP. Any Content that does not comply will be systematically removed from the Site.
DELETION OF CONTENT POSTED BY USERS
8.1 fondationdecathlon.com informs Users that it will moderate Content prior to publication. The Site may terminate any registration and/or delete any profile and/or any content and/or any Content published on the Site and/or prohibit use of and/or access to the Site, as soon as it becomes aware of the User's non-compliance with these general conditions of use or for technical reasons. Such modification or deletion may be made without prior notice, notification or warning, at any time and at the sole discretion of Decathlonfondation.com.
8.2 The User also has the option of deleting Content posted on the Site. To do so, the User must send a request for the removal of the Content by e-mail to ............. This request must be accompanied by information enabling the Content to be identified.
The DECATHLON Foundation will deal with all legitimate requests as quickly as possible, but cannot guarantee immediate removal of access to the Content. The User acknowledges that the DECATHLON Foundation cannot be held liable in any way in this respect, particularly due to the time required to process the request, technical constraints or the physical impossibility of responding, especially in the event that the Content has been taken over by third parties.
INTEGRALITY
If one or more stipulations of the general terms and conditions of use are declared null and void by application of a law, regulation or following a final judicial or administrative decision, the other stipulations will retain their force and scope. The DECATHLON Foundation will use its best efforts to replace the invalid or void stipulation with a valid stipulation as close as possible to the spirit of the present agreement. The fact that one of the parties has not demanded the application of any clause of the present terms and conditions, whether permanently or temporarily, shall in no case be considered as a waiver of the said clause.
APPLICABLE LAW/LITIGATION
These terms and conditions of use are governed by French law.