LEGAL NOTICES AND CONDITIONS OF USE
This present website www.rossignol.com (the “Website”) is published by SKIS ROSSIGNOL SAS (the “Publisher” or “SKIS ROSSIGNOL”).
1. PUBLISHER
SKIS ROSSIGNOL SAS
Simplified Joint Stock Company
With a capital of € 71,746.248
Head office: 98 rue Louis Barran 38430 Saint-Jean de Moirans (France)
SIRET: 056 502 958 00095
VAT number: FR 280 56 50 29 58
Mail: customer.care@rossignol.com
Director of the publication: Mr. Vincent WAUTERS
2. HOSTING OF THE WEBSITE
salesforce.com France, a french company with head office at : 3 Avenue Octave Gréard, 75007 Paris, France
3. INTELLECTUAL PROPERTY
The content of this Website including text, photographs, drawings, images, sound sequences is the exclusive property of SKIS ROSSIGNOL or third parties having authorized SKIS ROSSIGNOL to use them and is subject to French and international legislation on copyright and intellectual property.
All reproduction rights are reserved, including for downloadable documents and iconographic and photographic representations.
The trademarks ROSSIGNOL, DYNASTAR, LANGE, LOOK and associated logos, as well as the names of any products presented on this Website, are the exclusive property of SKIS ROSSIGNOL or its subsidiaries.
The reproduction, representation, or distribution of the Website and / or any element belonging to SKIS ROSSIGNOL or its subsidiaries without prior written permission of SKIS ROSSIGNOL, constitutes an infringement subject to Articles L.335-2 et seq. of the French Code of Intellectual Property. Any use of elements of the Website for unauthorized purposes may be prosecuted in France and abroad.
4. CREDIT PHOTO/VIDEO
Main photographers: Ludo Chauchaix, Louis Garnier, Cam McLeod, Blake Jorgenson, Florian Monot, Agence ZOOM, Nordic Focus.
Occasional photographers: Aubin Vaissiere, Colin Olivero, Nick Danielson, David Malacrida, Arthur Bertrand, Sophie Rodriguez, Mathis Decroux, Jeremy Bernard, Théo Ledru, Goldie Williams, Leo Gruber, KLIP, Olivier Godbold, , Mizenboite, Maxime B. Vidricaire, Jake Forsythe, Carlos Blanchard, Steve Gaudin, Max Draeger, Guillaume Desmurs, Florian Pivot, Quentin Iglesis, www.paolomeitrelibertini.com, Vanessa Andrieux, Vegard Photo, Ville Lahtinen, Mike Dawson, Sindy Thomas, Maxime Schmid, Masai, Teemu Heljo, Matt Georges, Fabian Bodet, Stef Candé, Xabi Barreneche, FreezingMotions, A.Childeric, Lukas Budimaier, Laurent Salino, Romain Babakin, stock.adobe.com, Pit Viper, Snow stories, Vegard Breie Photography.
5. PUBLISHER'S LIABILITY
Notwithstanding the care taken in the design of this Website and its regular updating, errors may occur in the information and/or documents published. Users of the Website should therefore make any necessary checks.
SKIS ROSSIGNOL cannot guarantee:
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that the information contained in the Website are accurate, complete or up to date. The Website and its contents are presented "as is" and "as available". SKIS ROSSIGNOL expressly disclaims all warranties of any kind, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, quality or non-infringement. In addition, we may be obliged to temporarily suspend partial or total access to the Website, in particular for technical maintenance reasons;
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that the colors, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the products. All products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change;
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that the Website is free of viruses, overwriting programs, Trojan horses or other destructive material;
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that the Website is free of technical inaccuracies or other defects; SKIS ROSSIGNOL does not guarantee the correction of such defects. SKIS ROSSIGNOL can therefore not be liable for any damages inherent in such use of the Internet and computer systems and telecommunications, including but not limited to:
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poor transmission and/or reception of any data and/or information on the Internet;
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failure of any receiving equipment or communication lines;
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any other malfunction of the Internet network preventing the proper operation of the Website.
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The Website may contain images and links to websites managed by third parties ("partner websites"). SKIS ROSSIGNOL has no control over partner websites and assumes no responsibility for their content or their links to other websites, nor for their availability or for any changes or updates made to any partner website. Users of the Website are responsible for consulting any privacy policies posted by partner websites.
Finally, we can only be held liable for direct damages, to the exclusion of all other damages of any kind whatsoever. In particular, related consequential damages such as, but not limited to, loss of profits or revenues or loss of goodwill.
This limitation of liability and warranty applies to the fullest extent permitted by law.
6. MODIFICATION OF THE WEBSITE AND UPDATING OF THE TERMS
SKIS ROSSIGNOL may at any time and without notice modify all or part of the content of the Website. Users are invited to consult the Website regularly to review the applicable conditions.
7. APPLICABLE LAW
The Website and any documents contained therein are, unless expressly provided otherwise, subject to the provisions of French law.
8. GTU #YESROSSIGNOL
ENTER OUR ROSSIGNOL COMMUNITY
You love winter sports and we love to see you enjoying our products on social media with:
#rossignol
#rossignolfreeride
#rossignolracing
#rossignolnordic
#rossignolsnowboards
#rossignolbikes
#anotherbestday
#callingallheroes
#bandofheroes
#kodakxrossignol
We love your pictures, sharing our way of life: smile and happiness (#anotherbestday), performance, fun, adventure and style. Let us know if you allow us to use your photos on our social media AND our website with #YesRossignol. Be part of the team!
General Terms of Use
Photos and /or videos published on social networks with the hashtag #rossignol, #rossignolfreeride, #rossignolracing, #rossignolnordic, #rossignolsnowboards, #rossignolbikes, #anotherbestday, #callingallheroes, #bandofheroes, #kodakxrossignol or which include a notification to ROSSIGNOL by means of an “@rossignol”, "@rossignolfreeride", "@rossignolracing", "@rossignolnordic", "@rossignolsnowboard", "@rossignolbikes", are eligible for a potential publication on our website and /or on our social networks.
We may select some of these photos and / or videos, which showcase our trademarks (the “CONTENT”). When we select a CONTENT, a message will be published by the official account of ROSSIGNOL on the publication of the CONTENT, in order to obtain the consent of its author to use the CONTENT in compliance with the conditions set forth by these GTU #yesrossignol.
By actively replying to our request with the hashtag #yesrossignol, you accept these GTU #yesrossignol without reservation, which contractually binds the company Rossignol, a French corporation, having its registered office at 98 rue Louis Barran – 38430 SAINT JEAN DE MOIRANS, FRANCE registered with the Commercial and companies register of Grenoble under the number 056 502 958 (hereinafter “ROSSIGNOL” or “we”, or “us”, or “our”), and any person publishing CONTENT who replied #yesrossignol to a solicitation from ROSSIGNOL on social networks (hereinafter “you” or “your”).
1/ Conditions of publication
ROSSIGNOL is free to select or not to select any photos / videos bearing a notification addressed to ROSSIGNOL under the conditions defined above. The CONTENT we selected are among those that best correspond to the image and spirit of our brand. However, you expressly acknowledge that ROSSIGNOL has no obligation to publish any CONTENT selected, and ROSSIGNOL cannot be held liable for non-publication of the CONTENT, even if you answered #yesrossignol.
In addition, before replying #yesrossignol, you declare:
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you own the intellectual property relating to the CONTENT OR you have a valid and express authorization from their author (s) to grant all the rights provided herein. In such a case, you shall indicate the identity of the owners of the CONTENT;
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you are the person represented on the CONTENT OR if a minor is represented, you guarantee to be the minor legal representative of the said minor represented on the CONTENT.
Failing to warranty the foregoing, you agree NOT TO ANSWER #yesrossignol or to immediately inform us to allow us to remove the CONTENT from our Digital Media (as defined below).
2 / Image rights
In order to promote our brands and trademarks and the products bearing the said trademarks, visible on the CONTENT, we need your authorization to use your image, or the image of the child for whom you are the legal representative. Our intended use is to display the CONTENT on which you (and/or your child) appears on our website www.rossignol.com (and application mobile thereof), and/or our social networks and/or potentially our Newsletters (hereinafter together the “Digital Media”) for a period of three years from your authorization, materialized by your response #yesrossignol , worldwide.
ROSSIGNOL agrees not to make other uses of your image. At the end of this period, ROSSIGNOL undertakes to remove the CONTENT from all of the Digital Media and to no longer use said CONTENT, except in the event of express renewal of your agreement.
You can withdraw your consent at any time by requesting the deletion of a photograph / video in which you appear and/or your child appears by:
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by contacting the ROSSIGNOL communication service at: communication@rossignol.com;
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by deleting your CONTENT from your profile on the social network from which we contacted you;
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by changing the privacy setting of your social network from "public" to "private”.
3 / License of Use
You grant ROSSIGNOL free of charge a non-exclusive license, with a right of sub-license, on the CONTENT, and in particular the rights to reproduce, adapt (crop and / or resize and / or add a caption, collectively the "Adaptations"), display, represent, distribute, publish the CONTENT on all Digital Media, worldwide and for a period of three years from your acceptance of this license, materialized by your reply #yesrossignol. ROSSIGNOL is expressly authorized to sub-license the rights here granted to any third party of its choice, under the same conditions as you have granted to ROSSIGNOL hereunder.
This license does not entail any transfer of ownership of the CONTENT for the benefit of ROSSIGNOL and / or the sub-licensees.
4 / ROSSIGNOL’s commitments and limits of liability
ROSSIGNOL refrains from, and undertakes to prohibit any sub-licensee, from making any use of the CONTENT other than that expressly set forth herein. ROSSIGNOL refrains and prohibits any sub-license from modifying the CONTENT except for the Adaptations listed above. In particular, ROSSIGNOL undertakes to display your social networks account and, as the case may be, the identity of the owner of the intellectual property rights on the CONTENT, subject to the provisions of the Condition of publication as provided above.
We remind you that the CONTENT can be used by the social networks on which the CONTENT has been published, independently of our own use framed herein. We invite you to consult the General Conditions of Use of these social networks to know the consequences of their use. ROSSIGNOL is in no way responsible for the acts and breaches of these social networks, as ROSSIGNOL does not control the use of data and the protection put in place by social networks, and declines all responsibility in this regard.
ROSSIGNOL remains free not to use and / or not to display the CONTENT on all or part of the Digital Media. ROSSIGNOL remains free to withdraw at any time before the expiry of this license, all or part of the CONTENT from its Digital Media, and this without notice.
5/ Personal data
Your personal data (your name, first name and / or nickname (if they are displayed on your network’s account), address of your social network’s account, your image appearing in the CONTENT), hereinafter the “Personal data” are collected by ROSIGNOL, the data controller, for the purpose of using the CONTENT on its Digital Media for its promotional and marketing needs (the “Purpose”).
All your Personal Data will be kept for a duration of three years from the day you give us your consent by replying #yesrossignol. The Personal Data will be accessible only to employees of our marketing department who have a strict need to access it as part of their mission. ROSSIGNOL undertakes to implement the organizational and technical means to avoid any unauthorized access to your Personal Data, said means are recalled on our site in the Privacy Policy page. The processing of your personal data is based on your consent, you can access your Personal Data at any time, have them rectified, request that the processing be limited or deleted, and you can provide us with the directives applicable after your death by contacting the following address: communication@rossignol.com and / or dpo@rossignol.com.
You have the right to lodge a complaint with the competent supervisory authority (in France: www.cnil.fr).
6/ Miscellaneous
These GTU #yesrossignol is not intended to replace any other terms or agreements you might have with us.
We reserve the right to modify these GTU #yesrossignol at any time and any changes that we make will be posted on this page. Please check back frequently to see any updates or changes to our GTU #yesrossignol.
In case of a dispute, French law is applicable.
9. PROHIBITED ACTIVITIES
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Site, you agree not to:
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systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
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make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses;
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use the Site to advertise or offer to sell goods and services;
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circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any content or enforce limitations on the use of the Site and/or the content contained therein;
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engage in unauthorized framing of or linking to the Site;
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trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;
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make improper use of our support services or submit false reports of abuse or misconduct;
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engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools;
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interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site;
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attempt to impersonate another user or person or use the username of another user;
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use any information obtained from the Site in order to harass, abuse, or harm another person;
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decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site;
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attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site;
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harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you;
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delete the copyright or other proprietary rights notice from any Content;
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copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code;
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upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site;
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upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”);
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except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software;
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use the Site in a manner inconsistent with any applicable laws or regulations.
You may be held liable if you fail to comply with this article.
10. USER REGISTRATION
You may create a user account on our Website. If you choose to create a user account, you agree to provide accurate information when creating it. We remind you that the creation of a user account under the identity of a third party is strictly prohibited - you may potentially expose yourself to legal proceedings. SKIS ROSSIGNOL declines all responsibility in the event of a dispute by a third party in this regard.
We recommend that you choose a sufficiently strong password (do not choose a password referring to your surname, first name, date of birth, or to your close relations in particular), and that you change it without delay in the event of suspicion of fraudulent use of your login and password. In the event of fraudulent use of your user account, please contact us immediately at customer.care@rossignol.com and dpo@rossignol.com.
You are solely responsible for maintaining the confidentiality of your user IDs and passwords. Any use of your user account using your personal login and password is presumed to have been made by you in the absence of notification to the above-mentioned e-mail addresses within a reasonable period of time. Consequently, we decline all responsibility in the event of unauthorized use by a third party of your user account using your login and password alone. In particular, we will not refund any amounts paid to SKIS ROSSIGNOL and/or any third parties present on our Services if you have not reported any fraudulent use of your user account.
We reserve the right to delete, retrieve or modify any username you have chosen if we determine, in our sole discretion, that such username is obscene, contrary to public policy or otherwise objectionable.