Welcome to Our site, BABOLAT VS Play www.babolatplay.com and/or our BABOLAT Application, made available by BABOLAT VS (the "Company" or "We").
The confidentiality of your personal information is essential; we are determined to protect it.
ARTICLE 1 – DEFINITIONS
The following words and expressions beginning with a capital letter will have the following meanings:
The "Application": is the digital content that BABOLAT VS offers to the User for consultation or download. This software has been developed by BABOLAT VS. This Application supports the Service;
The "Platform" is our website, http://www.babolatplay.com and/or Our mobile iOS Application and Babolat Android.
The "Account" is a strictly personal space created by the User when they first access Our Platform, which allows them to access the Service;
"Smartphones" are the latest generation of smart mobile phones;
"Personal Data" is any information relating to the User as a physical or moral person which that person provides voluntarily when creating their Account and which allows them to be identified, including surname, first name, email address, height, weight, strong hand, tennis level, town/city of residence and personal photo; "PLAY Data" includes all data concerning the User transmitted from the Product, including data on performance and use;
The "Product" is the "BABOLAT PLAY tennis racket" or any other connected Product; The Service" is (i) the various features and services provided by the Platform;
The User " or "You" is the person who has created an Account in order to use the Service.
ARTICLE 2 – PURPOSE
ARTICLE 3 – LEGAL INFORMATION
Editor: BABOLAT VS, SAS with a capital of 1,275,000 €, headquartered at 33 Quai Paul SEDALLIAN 69009 Lyon, France, registered with the "RC de Lyon" under number B 552 131 401; Telephone: + 33 (0)4 78 69 78 69; Mail: supportFRemail@example.com Director of the publication: Eric BABOLAT (CEO) Hosted by: RUNISO, 4 rue Nationale, 59100 Roubaix France, OVH, 2 rue Kellermann, 59100 Roubaix, France; et par HEROKU INC., Irlande.
Design Agency: Ogilvy One, 32-34 Rue Marbeuf 75008 Paris France, +33-1-4076 2424 Agency in charge of Application design: Applidium, 20 rue St Croix de la Bretonnerie 75004, Paris Photo credits: BABOLAT VS
BABOLAT VS reserves the right to modify the GTU, in whole or in part, at any time and without prior notification. These changes, revisions or modifications will be effective immediately upon informing the User by any means, including but not limited to an announcement on the Site, a push notification on the Application or an email. Following this notification, Your use will be taken as acceptance of said modifications, revisions or modifications. We reserve the right to modify the Platform, its content and Services at any time.
ARTICLE 5 – CONTENT OF THE PLATFORM AND THE SERVICE
The Service enables the User: • to access the Product Interface via certain Smartphones; • to access the Product Interface via the Site; • to obtain Software to use the Product; • to obtain software enabling installation of the Product from a computer; and • to access the Site, and, in particular: tutorials, community spaces, User support, etc.
In particular, the User can, if they wish:
- Find out about rankings and results, and obtain information on pro ATP and WTA players,
- Find out about pro Babolat players and about the Babolat brand,
- Check their own ranking compared to other Users in the Community, and look at their profiles
- Publish and monitor their tennis game history
- Share photos on the Babolat news feed via their network of followings
The Service and Product to which the User will have access must be used solely for personal, non commercial purposes and must not be subjected to cases of critical use. Determination of critical is left to the judgement of BABOLAT VS.
At its convenience and without prior notice, BABOLAT VS may modify, add or delete functions of the Service or the Product. BABOLAT VS reserves the right to correct the Site content at any time and without notification. In addition, BABOLAT VS accepts no liability in the event of delays, errors or omissions in relation to the Platform content, nor in the event of interruptions in the availability or non-availability of the Platform or its content. BABOLAT VS cannot be held liable for the accuracy or the inaccuracy of information and content provided on the Platform by other Users, or any associated consequences thereof.
ARTICLE 6 – ACCESS TO THE SERVICE/ELIGIBILITY
Unless otherwise established, the Services are accessible only to corporate bodies or adults. By using Our Platform, You confirm that You are at least eighteen (18) years old. To access the Service, the User must create – from the Site – an Account protected by a password. The User is responsible for maintaining the confidentiality of their password and username and limiting access to this information. The User agrees to take personal responsibility for all activities conducted using their username and password. If the User suspects that someone else is using or could use their credentials (username and/or password) or its account, they agree to notify BABOLAT VS immediately. The User also agrees to refrain from using the account or the credentials of another User. By using the Site, the User declares and guarantees that: (a) all information relating to their account, which is accessible at all times via the 'My Account' tab, is accurate, a true reflection of reality and complete; (b) their use of the Platform does not violate any laws or regulations in effect in the country where they access The Platform. The registered User must thereafter identify themselves in order to access the Service. In order to use the Service, the User must have a computer or Smartphone connected to the internet.
ARTICLE 7 - COMMUNITY SERVICES
ARTICLE 8 – PROHIBITED USE OF THE PLATFORM
BABOLAT VS accepts no responsibility for the content distributed by Users and cannot be held liable in particular for content being distributed by a User that may contravene the rights of one or more other Users or third parties, in which case BABOLAT VS would provide evidence that it had not been notified by a User or a third party or that it could not have had actual prior knowledge or that it had not failed in its contractual obligations. BABOLAT VS reserves the right to immediately delete without notification any content published by Users on the Platform that violates the rights of other Users and/or third parties and/or laws and regulations that are in force. The User agrees not to use the Platform to: - publish or disseminate content that is graphic, inappropriate, obscene, threatening, abusive, violent, vulgar, racist, harmful, libellous, or deceitful; that is intended to harass, threaten or embarrass; that is pornographic or child pornographic in nature; that attempts to justify crimes against humanity; that has the potential to incite racial hatred or violence or to infringe on the human dignity or private life of another person; or that contravenes the laws in force; - transmit a computer virus, worm, Trojan horse, logic bomb or any other type of malicious file, software or code that is designed to limit, damage, interrupt, suspend or destroy the functionality of any computer or telecommunication equipment; - refer or provide access to sites that are not in compliance with these GTU; - access, use or attempt to use the account, username or password of another User or to assume the identity of another User in any way whatsoever; - impersonate someone else, another User or an employee or representative of BABOLAT VS; to suggest that its statements or comments are endorsed or approved by BABOLAT VS; to use the Platform to send or transmit any content that could harm or damage the reputation of BABOLAT VS or its subsidiaries in any way whatsoever; - perform any of the following operations when accessing and using the Platform: requesting or attempting to collect, obtain or store personal data, passwords, account information or any other type of information related to other users.; - conceal the origin of communications; - use search tools for data mining, bots or any similar tool whatsoever to collect and extract data related to the Platform; - limit, suspend or prevent anyone from using or accessing the Platform or to interrupt access to the the Platform, including but not limited to the following; - interfering with or disrupting the operation of the Service, servers or network connections to the the Platform; - contravening the requirements, procedures, policies or regulations relating to the networks connected to the the Platform; - editing, adapting, sub-licensing, translating, selling, reverse engineering, decompiling or disassembling any part of the the Platform; - making unauthorised attempts to access the Platform (or any part thereof); - distributing Content in violation of third-party intellectual party rights; - violating, in any way whatsoever, the third-party rights or laws and regulations in force; and - taking any action that imposes or may impose (at the Company’s sole discretion) an unreasonable or disproportionately large load on the Company’s infrastructure, or damage or interfere with the proper working of the Company's infrastructure. The User undertakes not to modify the software supplied, where appropriate, by BABOLAT VS in order to access the Service, and not to use modified versions of this software and in general not to access it illegally and if not expressly authorized by BABOLAT VS. Non-compliance with the obligations of the User, as defined, constitutes a serious breach of his or her obligations by the User in question. Without prejudice to the provisions of the article on 'Deactivation of your account', BABOLAT VS may deactivate the User account in the event of any breach of one or more of these obligations.
ARTICLE 9 - INTELLECTUAL PROPERTY RIGHTS
All elements, including but not limited to data, information, text, files, animated/non-animated images, photos, videos, logos, drawings, trademarks, models, software available on the Platform or as part of the Services of BABOLAT VS are the exclusive property of BABOLAT VS or its licensors. The Platform, the application, and the Elements are specifically protected under French and international intellectual property law (specifically copyright and trademark law). Therefore, Users, or third parties, are prohibited from reproducing, representing, distributing, marketing, modifying, utilizing or assigning all or part of any of the reserved elements reproduced on the Platform without BABOLAT VS' prior consent. Nothing contained in this Platform should be construed as granting, by implication, estoppel, or otherwise, any license for or rights to the Trademarks. Any unlawful use of all or part of the Platform may give rise to criminal prosecution.
ARTICLE 10 – THE USER’S RESPONSIBILITIES
The User undertakes to indemnify BABOLAT VS, its subsidiaries or affiliated companies, and their officers, directors, employees and agents or any person involved in the creation, production or provision of the Platform against any losses, damages and/or direct injury related to its use of the Platform in violation of the current Terms.
ARTICLE 11 - GEOLOCATION
Use of the Platform's geolocation feature requires prior and express consent from the User. This function allows the User to receive nominative or commercial messages during their session, find out about BABOLAT VS shops near to their location, and choose their own geolocation position from a list set out by BABOLAT VS
ARTICLE 12 - HYPERLINKS
You are not authorised to set up hyperlinks on the Platform without prior written agreement from BABOLAT VS. The Platform may contain hyperlinks to other internet sites. We are not obliged to check all the sites which may be linked to Our own, and We cannot be held responsible for the content of sites which links come from or lead to.
ARTICLE 13 – INFORMATION TECHNOLOGY, DATA FILES AND CIVIL LIBERTIES
The Personal Data provided by the User is to be used by Babolat VS, Ogilvy and Applidium strictly as necessary for the Platform to function.
The Personal Data You provide voluntarily is collected and processed by BABOLAT VS for the following ends:
-to allow You to benefit from the features of the Platform and services,
-to personalise Your use of the Platform,
-to send You information "newsletters" and promotional offers from BABOLAT VS,
-to analyse and collect statistics on Your visits to and use of the Platform and associated Products.
Every precaution has been taken to secure the databse we use to store Users data. The User's personal data will not be made available, transmitted or sold to or exchanged with third parties, except in the cases outlined below which are subject to the user being given prior notification and not raising an objection. The User accepts and gives its express consent for BABOLAT VS to access and retain the data and information on its User profile and/or relating to its account and, where applicable, to disclose it (including the content) if required to do so by any judicial or administrative authority or if accessing, retaining and disclosing this data and information is reasonably necessary for BABOLAT VS to meet its legal obligations, implement these Terms, defend its interests or respond to third-party claims.
Any and all PLAY Data (play duration; number, distribution, and speed of shots; impact zone and effectiveness of shots) is subject, whether in whole or in part, to unlimited commercial, non-commercial and/or promotional use by BABOLAT VS. The User hereby grants to BABOLAT VS a worldwide, irrevocable, perpetual, non-exclusive, transferable, fully paid-up and royalty-free license, (with the right to sublicense), to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit PLAY Data voluntarily submitted or transmitted by the User via the Product. BABOLAT VS retains the right to share PLAY data with its Partners, affiliates and other organisations, including Federations and/or the media. Any PLAY data that is disclosed will not include the User's Personal Data.
Your Personal Data is stored by the Platform's hosting service, identified in the legal notes of the present text, and will be kept strictly for the length of time necessary for the aforementioned purposes.
ARTICLE 14 - DISCLAIMER OF WARRANTIES
Access to and use of the Platform is at the User's own risk. THE PLATFORM, ITS CONTENT AND ANY SERVICES OBTAINED THROUGH THE SITE ARE PROVIDED TO THE USER ON AN "AS IS" "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, AND BABOLAT VS HEREBY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. NEITHER BABOLAT VS NOR ANY PERSON ASSOCIATED WITH BABOLAT VS MAKES ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE PLATFORM, ITS CONTENT OR ANY APPLICATION AND/OR SERVICES OBTAINED THROUGH THE PLATFORM.
WITHOUT LIMITING THE FOREGOING, NEITHER BABOLAT VS NOR ANYONE ASSOCIATED WITH BABOLAT VS STATES OR WARRANTS THAT THE PLATFORM, ITS CONTENT OR ANY SERVICES OBTAINED THROUGH THE PLATFORM ARE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE THE PLATFORM, ITS CONTENT OR ANY SERVICES OBTAINED THROUGH THE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. The above exclusions may not apply in jurisdictions that do not allow the exclusion of certain implied warranties.
ARTICLE 15 – LIABILITY OF BABOLAT VS
The User expressly acknowledges and accepts that BABOLAT VS:
• may temporarily or occasionally interrupt the Service or the Platform in order to perform maintenance or update operations, without this in any way making BABOLAT VS liable; • may in no case be held liable for any damage whatsoever, whether caused directly or indirectly by its services; • May in no case be held liable for damage to and losses of data suffered by the User. It is therefore up to the User to take all appropriate measures to protect their own data or software from the contamination of their hardware by any viruses circulating on the Internet; • May in no case be held liable for damages and injury resulting from violation by Users of the rules applying to the community Services (see Article 9).
IN NO EVENT WILL BABOLAT VS, ITS LICENSORS OR CONTENT PROVIDERS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, the Platform, ANY CONTENT ON the PlatformOR ANY SERVICES OBTAINED THROUGH THE PLATFORM, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. USE OF THE PLATFORM, ITS CONTENT AND ANY SERVICES OBTAINED THROUGH THE THE PLATFORM IS SOLELY AT YOUR OWN RISK. The above exclusions may not apply in jurisdictions that do not allow the exclusion of certain implied Liability. Wherever possible, BABOLAT VS will make every effort to guarantee that the Elements provided by BABOLAT VS on the Platform are accurate, complete and up-to-date. Despite the efforts of BABOLAT VS, the information presented on the Platform may sometimes be inaccurate, incomplete or obsolete. BABOLAT VS will make every effort possible to accurately present the characteristics of its Products and Application. BABOLAT VS may also modify the information presented on the the Platform.
ARTICLE 16 – DEACTIVATION OF THE USER ACCOUNT
ARTICLE 17 – EVIDENCE
Computerised records and files stored in the computer systems of BABOLAT VS under reasonable conditions as regards security and reliability are considered evidence of the relationship and communication between the User and BABOLAT VS. Consequently, it is agreed that, barring any manifest error, BABOLAT VS may avail itself of any element of a computer or digital nature or format created, received or retained directly or indirectly by BABOLAT VS (in its computer systems in particular) and especially as evidence of any action, circumstance or omission. These elements serve thus as evidence and, if BABOLAT VS produces them as evidence in legal proceedings or otherwise, they will be admissible, valid and binding on each of the parties in the same way, under the same conditions and with the same effect as conclusive evidence as any document created, received or retained in writing.
ARTICLE 18 - APPLICABLE LAW AND JURISDICTION
ARTICLE 19 - FORCE MAJEURE
The liability of BABOLAT VS cannot be invoked in the event of force majeure or events beyond its control.
ARTICLE 20 – DURATION AND AVAILABILITY OF THE PLATFORM
The Platform is accessible throughout the year, 7 days a week, 24 hours a day, apart from in case of force majeure, and excluding potential technical faults or maintenance necessary for it to function properly. BABOLAT VS however reserves the right to terminate the Platform at any time by providing you with advance notice of the termination.
ARTICLE 21 - VIOLATIONS
ARTICLE 22 - WAIVER AND SEVERABILITY
ARTICLE 23 - ENTIRE AGREEMENT
If you have any questions or comments regarding the present GTU or the Platform, you can contact us via email at: supportFRfirstname.lastname@example.org or write to us at the following address: BABOLAT VS, 33 quai Paul SEDALLIAN 69009 Lyon, France.