Revised April 2015
Welcome to the website http://voice.eurosport.com of Eurosport.
Eurosport is a société par actions simplifiée (simplified joint-stock company) with a capital of €17,181,818.20.
Registered office: 3 rue Gaston et René Caudron, 92798 Issy-les-Moulineaux Cedex 9, France
Company registration number: RCS Nanterre B 353 735 657
Publishing Manager: Jean-Briac PERRETTE
Tel: + 33 (0) 1 40 93 80 00
("Eurosport," "we" or "us").
TOLUNA Inc, with its corporate offices located at 15 River Road, Wilton, CT 06897 USA hosts the website accessible from URL based on the following: http://voice.eurosport.com.
Tel : + +1 (203) 834-8585
1. GENERAL TERMS AND CONDITIONS OF USE
These General Terms and Conditions of Use ("GTCU") govern your access to the website http://voice.eurosport.com published by Eurosport (the "Website"), regardless of the receiver terminal and the medium, format and technical means to, in or by which the Website is made available to you by Eurosport.
Your access to and use of the Website is conditional on your acceptance of and compliance with these GTCU.
By accessing or using the Website, you unconditionally agree to be bound by these GTCU. We may revise these GTCU at any time, at our sole discretion, in order to adapt them to changes inherent in new media. You can review the most current version of these GTCU by clicking on the dedicated link on our Website. If you disagree with the revised GTCU, you are free to refrain from accessing and using the Website. By continuing to access or use the Website after revisions to these GTCU, you agree to be bound by the revised GTCU.
Specific terms and conditions may apply to certain Website, such as competitions. In such case, the specific terms and conditions are supplementary to, and do not exclude the application of, these GTCU.
Minors: Since the Services are intended for a wide public, parents and legal guardians of minor children should monitor and supervise their children's use of the Services. Minors are not allowed to use the Services without the consent of their parents or legal guardians. In particular, they must obtain such consent before opening a user account.
2. WEBSITE REGISTRATION
2.1 To access and/or use the Website by which you could participate to the Surveys, you must register for them by filling in the information required by Eurosport on the online registration form.
You represent and warrant that all information you provide to Eurosport upon registration and at all other times will be true, accurate, current and complete that you will not register, or attempt to log in, under the name of another person.
Once you have correctly filled in and submitted the registration form and your registration has been confirmed by Eurosport, you will be able to access the Website by logging in with your username and password.
We recommend that you keep your username and password safe and not share them with anyone because the profile thus created determines the rights and obligations of each user, against whom Eurosport will pursue remedies in the event of breach of these GTCU.
Eurosport will not be responsible for any losses incurred through the use of your password by a third party. You agree to immediately notify Eurosport of any unauthorized use or breach of you member account.
Should you forget your password, you may request that Eurosport send it to you via e-mail by completing the Forgot Password request process on this Website. This procedure assumes that mention is made of your username, and that the e-mail address provided by you when registering is used (or the new one provided in the event of an update).
Membership to Website is free and is open to individuals only residing in France, England and Germany (not corporations or other business entities) that are at least sixteen (16) years old. Membership in certain Surveys (as defined below) may be further restricted based on your age or geographic location. You are permitted to have only one account.
By registering as a member of this Website, you agree to receive e-mail invitations to participate in surveys and panels conducted by Eurosport ("Survey"), and newsletters. Eurosport does no guarantee that you will receive a certain minimum volume of incitations or any invitations at all. You participation in any Survey and your disclosure of any personally-identifiable information is completely voluntary.
You may cancel your account at any time by activating the "Unsubscribe" feature on the Website. Your account will also be cancelled if you withdraw or unsubscribe from the Website. Immediately upon deletion or your withdrawal from the Website, your member account will be closed. You understand and agree that, as noted above, upon closing your account, your right to access your member account and the Surveys will cease.
Eurosport reserves the right, at any time and without prior notice, to deactivate the account or the access rights of any person who breaches these GTCU.
2.2 Rewards : Eurosport values our members' opinions, and to show our appreciation, Eurosport affers rewards in the form of "sweepstakes". You shall refer to, and comply with the Competition's Rules which are available on the Website. Eurosport communicates the names of the winners of the competition on the Website and/or in the newsletters which can be sent by email to the Website members.
3. PERSONAL DATA
In accordance with the applicable regulations, the processing of your personal data has been reported to the Commission Nationale de l'Informatique et des Libertés – CNIL (National Commission for Information Technology and Freedoms) under the simplified reporting procedure known as "norme simplifiée No. 48."
Pursuant to the French Data Protection Act, 6 January 1978, as amended, you have the right to access information about you that is held on a computer, to object to the processing of such information and to have it corrected or deleted.
The simplest way to exercise the above rights is to send us an online request. You can at any time access your personal information, change it or have it deleted by:
- logging in to your account with your username and password and clicking on the "My Profile" link; or
- sending us an email via the link "Contact us", setting out your request in a manner enabling us to respond effectively to it, or
- clicking on a dedicated hypertext link in the messages we send you.
If you are unable to access, change or delete your personal information by the above procedures, you may make your request by letter to Eurosport, Attention: Service Juridique – Nouveaux Médias, at the address given in the caption of these GTCU,
Your written request should be (i) signed, (ii) accompanied by a photocopy of your passport or other official identity document bearing your signature and (iii) include your reply address. A reply will be sent to you within two months from receipt of your request.
4. WEBSITE CONTENT AND INTELLECTUAL PROPERTY
In order to enable information and valuable content ideas to be shared in the best possible way, we must protect the rights of those who are prepared to share their creations with us.
4.1 Our Content
The content we make available to you on or through our Website belongs to Eurosport and/or its licensor partners and is protected by intellectual property rights under the legislation in force and the applicable international conventions.
You are not allowed to reproduce, copy, sell, modify, re-edit, communicate, distribute or use, in any way whatsoever, the content of the Website (including, but not limited to, logos, service marks, trademarks, trade names, photographs, illustrations, videos, articles and associated code and software), in whole or in part, otherwise than as provided for in these GTCU, without our express prior written consent.
You may view and use the Website and print out single copies of pages or sections for your own personal, non-commercial use only.
We accept redirect links to the Website, but reserve the right to require their deletion if necessary.
You may not frame any of the content of the Website, or incorporate into another website, application, online service or audiovisual service any of the content featured within the Website, whether owned by Eurosport or its partners.
You may privately share certain content by using the share features available via the Services.
No other use is permitted without our express
4.2 Confidentiality of Surveys
Eurosport may disclose confidential and/or proprietary information and materials to you as part of Surveys, and such information and materials shall remain the sole and exclusive property of Eurosport. This confidential information may include, but is not limited to, new product ideas or concepts, packaging concepts, advertising and movie or television concepts or trailers, and the text, visual images and sounds related thereto. By becoming a member, you agree that you will keep the contents and materials disclosed to you as part of all Surveys in which you participate confidential and not disclose them to any third party or use the confidential information for any purpose except for the sole purpose of completing the Surveys. If you breach this obligation, in addition to termination of your account, you may be liable for monetary damages to Eurosport and/or our clients for damages caused by the result of your breach.
4.3 Member Code of Conduct
The Website is an online community panel dedicated, through the Surveys to make your voice heard allowing you to state your opinions on different product and services.
You need to be a registered user to access and participate to the Surveys available on the Website.
To enable everyone to exchange views in a free and friendly manner, you should comply with the principles set out below :
- Be courteous and respect the opinions of others and behave in a manner that supports a safe and comfortable environment for all members.
- Do not post any of the following:
o Material that advocates illegal activity or political, religious or ideological beliefs.
o Personal attacks or anything (including "jokes" that may be misconstrued) obscene, vulgar, illegal, harmful, discriminatory, racist, xenophobic insulting, threatening, abusive, harassing, defamatory, libelous, untrue, misleading or invasive of someone else's privacy or anything that is in any way pornographic or pedophiliac or that refers directly or indirectly to pornographic or pedophiliac sites.
o Advertising and solicitations - Do not use any community areas to buy or solicit for goods, services, or money, or to advertise or sell products or services to others. For example, do not post any advertising, referrals, promotional materials, junk mail, "spam," chain letters, pyramid schemes or any other form of solicitation.
o Any content that infringes any patent, copyright, trademark, trade secret or other intellectual property right of another or that, without prior written permission, mentions any third party brand or personality or uses any third party content.
o Any statement that expresses or implies that any actions you take are endorsed by Eurosport.
- Do not take any Surveys other than in good faith, such as providing false answers, answers that are not your own genuine responses or speeding through a Survey or answering each question the same way. Eurosport reserves the right to withhold awarding rewards to you if, in Eurosport's reasonable view, your Survey responses are untruthful or not well considered.
- Do not access or use any part of the Website for anything other than your personal, non-commercial use.
- Do not access or use any part of the Website in any way that may violate any applicable law, regulation, or other governmental requirement and/or principles of good conduct.
- Do not resell, barter, trade or otherwise attempt to generate income by providing access to your member account to others.
- Do not impersonate any individual or entity, including, without limitation, a Eurosport employee, agent or client, or other Eurosport members or otherwise misrepresent your affiliation with any person or entity, including by "framing" any portion of this Website to make it look like you have a relationship with us or that we have endorsed you for any purpose.
- Do not attempt to circumvent the Website or any security measures used on the Website, including by requesting rankings from other members or posting content which does not respond to or pose any question in order to garner rewards.
- Do not release, publish or otherwise disclose or make reference to any Survey or Website content in any media without our prior written permission.
- Do not collect or store any personal information about other members of this Website and in particular, without limiting the foregoing, do not obtain email addresses of other Website members or third parties with a view to sending unsolicited emails, for whatever reason or purpose.
- Do not attempt to access any service or area of the Website or any Surveys that you are not authorized to access.
- Do not use any robot, spider, scraper or other automated means or interface not provided by us to access the Website or extract data.
- Do not send to or otherwise impact us or this Website (or anything or anyone else) with harmful, illegal, deceptive or disruptive code such as a virus, "spyware", "adware" or other code that could adversely impact this Website or any recipient or take any action, such as a denial of service attack, that might impose a burden on this Website's infrastructure or interfere with the ordinary operation of this Website.
- Do not re-post on the Website any statements you receive from the Eurosport Help Desk.
- Do not communicate with the Eurosport Help Desk in a manner which is obscene, vulgar, harmful, insulting, threatening, abusive, harassing, defamatory, libelous, untrue or misleading.
- Do not engage in any other activity that Eurosport may reasonably deem improper or abusive. Failure to comply with this Code of Conduct may result in termination of your member account
Given the global nature of the Internet, you agree to comply with the rules of the jurisdiction in which you publish any content whatsoever. Accordingly, you agree to comply with the laws and regulations on content publication that apply in France and in addition, if applicable, those that apply in your country of residence.
By using the Website and participating to the Surveys you hereby grant Eurosport and its third party partners and clients where the Survey in question is conducted by them, a non-exclusive, perpetual, unlimited, worldwide, royalty-free right to use for any purpose any content you submit to this Website (e.g., your opinions, ideas and Survey responses), including the right to edit, copy, transmit, publish, display, modify, distribute, create derivative works from and develop such content and to transfer such content to third parties. You, not Eurosport, will have sole responsibility and liability for all content you use, upload, post or submit to the Website, including on our message boards and in any Survey in which you participate, including the obligation to obtain any necessary approvals and authorizations required to post such content. By submitting such content to the Website, you release Eurosport and its clients and third party partners from any obligation to compensate you in respect of use of such content in any form, including without limitation, for commercial use and hereby waive any moral rights that you might otherwise have been able to exercise in respect of that content.
You represent and warrant that you have all the rights, power and authority necessary to grant the above licence.
5. LIABILITY AND WARRANTIES
Given the international dimension of the Internet network, we remind you that you must comply with all mandatory and public policy rules applying in your country of residence.
You acknowledge and agree that your use of the Website, including all materials and information obtained via the Website, is at your own risk. Eurosport will not be liable for any direct or indirect loss or damage arising from or in connection with your use of the Website
Although we make every effort to offer high-quality Website, we cannot guarantee user satisfaction.
Our Website are made available "as is" without any warranty as to their accessibility, functionality or availability.
We do not warrant that the information available on or accessible from our Website is accurate or error-free or that the Website or the server that makes them available are free of viruses or other harmful components.
We are not responsible for the operation of software potentially downloaded via the Website and cannot be held liable for any technical problems preventing the downloading of such software.
If you download material via the Website, you do so at your own risk, and Eurosport is not liable for any damage to or loss of data stored on your computer or other receiver terminal. It is your responsibility to take all appropriate measures to protect your hardware, data and software from being affected by any computer viruses circulating via the Internet network.
Our liability for breach of any of our obligations under these GTCU is limited to damages for direct, personal and actual loss or damage, to the exclusion of damages for indirect or consequential loss or damage, including, but not limited to, financial loss, business interruption, loss of profit or income, loss of business or loss of data).
Third party services
The providers of third party services offered through the Services are solely responsible for their services and the content thereof. For instance:
- Products supplied and/or services provided by third parties in return for payment: We will have no responsibility or liability in connection with any disputes arising you and any third party merchants with whom you choose to do business. Such merchants are solely responsible for compliance with all laws and regulations applying to the products and/or services they offer to users of the Services, including, but not limited to, laws and regulations on distance selling; consumer protection; false or misleading advertising; pricing; and product conformity. You should check and comply with the terms and conditions of sale and/or use of the relevant third party products or services.
- Competitions: You can access competitions offered by third parties via our Website. You should check and comply with the rules of each individual competition. Eurosport will not be involved in any claims, complaints, proceedings or disputes relating to competitions run by third parties.
- Advertisers and external links: We are not responsible for and make no representations or warranties as to the quality, performance or suitability of any goods or services supplied or provided by advertisers on our Website or other services to which we provide a link.
You represent and warrant to Eurosport that before posting content to user contribution areas, you will ensure that the content does not violate the applicable law and, in particular,
- does not infringe third party intellectual property rights;
- does not cause harm to individuals or invade their privacy; and
- is not contrary to public policy or morality.
Accordingly, you warrant and represent that you hold all necessary rights and/or permissions from the rights holders, and agree to indemnify and hold harmless Eurosport from and against any claim or action brought by a third party in this respect.
More generally, you agree to indemnify and hold harmless Eurosport from and against any demands, claims, actions and/or awards of damages that may be brought or made against Eurosport as a result of breach by you of these GTCU and/or any other additional and/or specific terms and conditions of Services that may apply to you.
6. JURISDICTION AND GOVERNING LAW
These GTCU shall be governed by and construed in accordance with French law. Any disagreement or dispute that is unable to be resolved amicably shall be referred to the courts of competent jurisdiction.