LEGAL NOTICE – ToU
| Date last updated: September 27th 2019 1. Legal Notice The website https://gallery.ariane.group/ (the “Site”) is published by ArianeGroup, a société par actions simplifiée with share capital of EUR 265 904 408,00 euros, having its registered office at 7/11, quai André Citroen, 75015 Paris, France, registered with the Registry of Trade and Companies of Paris under number 519 032 247 (hereinafter “ArianeGroup” or “AG”). ArianeGroup can be contacted by email at the following address: ArianeGroup Tour Cristal, 7/11 Quai André Citroën 75015 Paris or by postal mail at the following address: arnaud.recule@ariane.group The Site’s publication director is: Olivier LAPY. The Site is hosted by ORKIS, a société par actions simplifiée, with capital of EUR 100 000,00, having its registered office at 610, rue Georges Claude, 13290 Aix en Provence, France, registered with the Registry of Trade and Companies of Aix en Provence under number 354 095 093. 2. Terms of Use (ToU) 2.1. Scope and purpose Access to and use of this Site is governed by these ToU, which define the terms and conditions of use of the Site and the relations between AG and any person who accesses or browses the Site (the “ User”). These ToU are available and can be viewed at any time on the Site. The User can also print or download these ToU. The Site allows the User to (i) view photographs and videos, or any kind of documents available on the Site in low definition, for the User’s personal and private, non-commercial use and/or to (ii) download photos and videos in high definition, in the conditions set forth in the paragraph 2.3. below. AG will make reasonable efforts to ensure that the content on the Site is accurate and up to date, but reserves the right to correct and/or modify all or part of the Site and/or the ToU at any time and without notice. Any such changes to the ToU shall take effect on the date posted on the Site and the User’s use of this Site after such changes have been posted will mean that User accepts and agrees to all such changes. AG will inform the User of any material changes to these ToU by any means of its choice, including by the display of a banner to this effect on the Site. The applicable ToU are those in effect on the date of browsing on the Site. Accordingly, if the User views or browses on the Site, the User will be deemed to have read and accepted the ToU in effect and to have agreed to abide by them. If the User does not accept these ToU or any part of them, he/she shall not to use or browse the Site. 2.2. User Account To access and use the Site, the User is required to create a user account on the Site (hereinafter the “User Account”). For sake of clarity, it must be noted that AG’s employees do not need to create a User Account when they log in directly via their professional computer. - Creation, validation and use of the User Account To access and use the Site, the User is first required to create a User Account on the Site by providing some personal information (such as surname, name, valid email address) and by choosing a password associated with the User Account. Mandatory information will be marked by an asterisk. You are also required to accept these ToU without any reservation, in accordance with section 2.1 above. The User agrees to provide, when creating the User Account, information that is true, correct and complete. Once the form has been duly completed and validated, an email will be sent to the email address the User provided on that form. The User acknowledges that the password associated with its User Account is personal, confidential and nontransferable and that it may not be shared with any other person. The User agrees not to create or use under its own identity or that of another person any account other than the account initially created. The User acknowledges that he/she has sole responsibility for any access to and use of the Site made using its User Account, unless he/she can demonstrate fraudulent use not arising out of any fault or negligence on its part. In this respect, the User agrees to promptly notify AG of any unauthorized and/or fraudulent use of its User Account by sending an email to the address indicated in the preamble to these ToU. - Changes to User Account In case of any change affecting the personal information provided when creating its User Account, with the exception of the email address initially provided, the User agrees to update such information immediately in the personal area of its User Account. In this respect, the User is solely responsible for any adverse consequences he/she may suffer as a result of the inaccuracy of any information about him/her, and AG disclaims any and all liability in connection with any information provided by the User that may be inaccurate, false or fraudulent. The User may change the password associated with its User Account following validation of its User Account and at any time during the term of validity of your User Account. - Term of validity of the User Account Subject to the provisions below, the User Account shall be valid for an indefinite period of time following its date of validation, and the User is free to access and use the Site during such term of validity. - Terminating the User Account The User may terminate its User Account at any time by clicking on the button provided for that purpose in the personal area of its User Account. In case of breach by a User, AG reserves the right, depending on the seriousness and length of the breach ascertained, to decide in its sole discretion to suspend or delete the User Account. 2.3. Request Form In cases where the User wishes to access to a high definition version of a file consisting of a video or a photography, or any kind of documents available on the Site (hereinafter the “Requested File”), the User must add such file(s) to its cart available via its User Account and then send a request for authorization to the Site Administrator (hereinafter the “Administrator”) via the form (the “Request Form”). This request is free of charge. The User must provide some mandatory information in the Request Form (such as the scope of the authorization, type of rights requested, territory, duration). In order for the Administrator to clearly understand the request, it is recommended to the User to define with accuracy its project in the request form, in the filed provided for this purpose. The Administrator reserves the right to contact the User at any time in order to determine more precisely the purpose of the request. Without being bound by any time limit or obligation to answer, the Administrator: - may respond positively to the request: in this case, the Requested File will be sent by email to the address provided by the User in the Request Form. In such a case, the User undertakes to use the Requested File in the strict accordance with the terms mentioned in its Request Form; - may not answer favorably to the request: its decision is final and no appeal can be lodged by the User against the Administrator, AG or any third party. For sake of clarity, the User acknowledges that the Administrator shall have full discretion to grant or not its approval and shall not be obliged to substantiate its decision. If (i) the information provided by the User in the Request Form are found to be incorrect and/or (ii) the User uses the Requested File in breach of the terms of the authorization agreed between the Parties and based on the information provided by the User in the Requested Form, AG reserves the right to revoke at any time and without any prior notice the authorization granted by the Administrator and to prohibit any further use of the Requested File. AG also reserves the right to claim damages on the basis of the harm thereby sustained. 2.4. Intellectual Property The ArianeGroup brand, and all trademarks, whether figurative or not, and in general, any other distinctive signs featured on the Site, whether registered or not are and shall remain the exclusive property of AG or are under license to AG. No right or license is granted to the User in respect of the trademarks. The Site and all graphics, texts, visuals, photographs and videos featured therein, including any illustrations, images, designs, pictures, characters, written materials, data access methods, databases or other organization of data, graphic or other components of the Site (hereinafter the “Content”) are and shall remain the exclusive property of AG or are under license to AG and are protected by intellectual property rights. - For the Content available in low definition (without any express authorization) Under no circumstances whatsoever may the Content be modified, reproduced, performed, transmitted, distributed, displayed, sold, or incorporated into a derivative or other work, in whole or in part, in any medium whatsoever. More generally, the Content is provided for the User’s personal and private, non-commercial use. Any use of all or part of the Content, in particular by downloading, reproduction, transmission, performance or display for any purposes other than those contemplated in these ToU is strictly prohibited. Subject to compliance with these ToU, AG grants Users a personal, non-exclusive and non-transferrable right to access and use the Content solely and exclusively for Users’ personal and private, non-commercial use. Accordingly, it is strictly prohibited to: - copy, reproduce, perform/display, disseminate, distribute and/or publish, on a permanent or temporary basis, the Content, in whole or in part, by any means or process (including caching, framing, etc.) and on any medium currently known or unknown; - create derivative works based on the Content; - modify, translate, adapt or arrange, in whole or in part, the Content; - disassemble, decompile or reverse engineer the Content; - distribute, transmit, retransmit, broadcast, sell, rent, license or operate, in any way whatsoever, the Content, in whole or in part. - For the Content downloadable in high definition (with an express authorization) Subject to compliance with these ToU, AG can grant the User, at its own discretion, a right to use the Requested file, in accordance with the terms of the authorization agreed between the Parties and based on the information provided by the User in the Requested Form (see 2.3 above of the ToU). According to the terms of the French law of March, 11th 1957, the User expressly agrees that he/she must respect the author’s moral rights (notably by mentioning the name of the artist) and mention that the Requested File are from the AG’s Site. Any violation of the above provisions is subject to the penalties set forth in the French Intellectual Property Code, in particular on the basis of copyright infringement (§L.335-1 et seq.), and trademark infringement (§L.716-1 et seq.) and in the French Civil Code on the basis of civil liability (§1240 et seq.). 2.5. Links to the Site – Links to third-party sites [to be confirmed by AG whether it could be of interest for AG]. Creating a hypertext link to the Site or to components of the Site without the express prior written permission of AG is also prohibited. Permission should be requested by writing to the following address: [to be completed]. This permission can be revoked at any time in AG’s sole discretion. AG reserves the right to request the deletion of any link to the Site that was not, or is no longer, authorized and to claim damages on the basis of the harm thereby sustained. Sites containing a hypertext link to the Site or to any one of its components may not all be under the control of AG, which accordingly disclaims any and all liability (specifically editorial) in connection with access to and the content of such sites. The Site may contain links to other websites or external sources (“Third-Party Sites”). To the extent that AG has no control over such Third-Party Sites or their content, AG can provide no assurances concerning their availability or content, and disclaims any and all liability in connection with the content, ads, products, services or other materials available on or from such Third-Party Sites. By providing links to such Third-Party Sites, AG does not approve, endorse, or make any representation concerning the content of such Third-Party Sites, nor does any such link indicate any association between AG and the owners and/or authors, designers, managers, administrators or hosts of such Third-Party Sites. These links are provided for information purposes only and you acknowledge that you are solely responsible for any decision by you to activate the links to such Third-Party Sites. AG also disclaims any and all liability for any actual or alleged damages or losses arising out of or in connection with your use, or reliance on the content, goods or services available on such Third-Party Sites]. 2.6. Liability The Site and its Content are provided “as is”. User is solely responsible and liable for any use it makes of the Site and the Content, and in particular for complying with your obligations under these ToU. AG does not warrant uninterrupted availability of the Site or its Content, or that the Site or its Content will be error-free. The Site is normally available 24 hours a day, 7 days a week, subject to events of force majeure, the availability of the internet and/or suspensions of Site due to technical reasons in connection with updates to the Site, Site maintenance or any other technical cause. AG is under a duty of reasonable care in providing access to the Site under the conditions set forth in these ToU, and in attempting to remedy any malfunction, suspension or interruption of the Site that is brought to its knowledge. User acknowledges and accepts that AG may be required to temporarily or permanently suspend access to the Site without notice, in particular for technical and/or maintenance reasons, irrespective of their cause or origin, without this entailing any liability whatsoever for AG. It is further specified that the internet and the information and telecommunication systems used to access and use the Site are not error-free or bug-free and that interruptions and failures may occur from time to time. AG disclaims any and all liability for any inconvenience, loss or damage in connection with the use of the internet, in particular but without restriction, poor transmission and/or receipt of any data and/or information over the internet, the failure of any receiving equipment or lines of communication, any malfunction of the internet preventing the proper operation of the Site and, more generally, any loss or damage arising out of the use of the Site, the internet and information and telecommunication systems. Neither AG nor its directors or employees shall be liable for any loss or damage, howsoever caused, arising out of a use of the Site, for which User is solely responsible. It is up to the User to take all appropriate measures to ensure the security of their equipment, data, software or other property, in particular against infection by any virus and/or attempted intrusion of which they might be the victims. 2.7. Personal data and cookies The User is informed that the Site uses cookies and that AG processes personal data. The User is invited to read the Privacy and Personal Data Protection Policy available here. 2.8. Force majeure In case of the occurrence of a force majeure event, as defined by Article 1218 of the French Civil Code, temporarily preventing one of the parties from performing their obligations, the respective obligations of the parties shall be suspended and neither party shall incur any liability on this basis. If the force majeure event extends beyond thirty (30) consecutive days, and/or permanently prevents performance by one of the parties as of its occurrence, either party may terminate these ToU. 2.9. Miscellaneous If one or more provisions of these ToU is found invalid or unenforceable under any applicable law or regulation or by decision of a court of competent jurisdiction, it shall be severed, but without this affecting the validity or the enforceability of the remaining provisions. No failure by AG at any time to enforce its rights in connection with any provision of these ToU shall operate or be construed as a waiver of such provision or of the right to subsequently enforce that provision and/or of its remedies for such breach. 2.10. Governing law – Complaints and Disputes Any request for information, clarification, assistance, or complaint in connection with the Site should be sent to AG by email or by postal mail to the addresses indicated at the top of this document. These ToU are governed by, and shall be construed in accordance with the laws of France. In case of any complaint or dispute arising out of or in connection with the application, interpretation or performance of these ToU, the parties shall endeavor to find an amicable solution. Failing amicable resolution of the controversy within a period of two (2) months from receipt by AG of a written notice of dispute sent to it as indicated above, either party may bring it before the French courts of competent jurisdiction. |