Revised on 7 November 2023
Please read these terms carefully before using this web site.
Your use of the Web site is subject to these TOU. You should read them carefully before going further. Additional or separate terms may apply to your use of the Web site.
By using this Web site, you approve of the TOU, on behalf of yourself, your principal (eg. your employer in case of professional use), and all members of your household (in case of private use), and you represent and warrant that you are eligible for the use of the Web site i.e. you are of legal age and you have the capacity to form any binding contracts. If you are not eligible or you do not approve of these TOU, do not use the Web site, exit immediately the Web site and clear browsing data (clear at least each of the cached images and files which is related to the Web site).
1. USE OF THE WEB SITE
When you visit the Web site or provide information, you are communicating electronically. In doing so, you consent to receive communications from us electronically. Guillemot may communicate with you by e-mail or by posting notices on the Web site.
Guillemot publishes a variety of resources, including documents, graphics, information, images, photos, product information, texts (collectively “Materials”) and services. We reserve the right to modify this Web site, at any time, and without prior notice to you.
Other than for non-commercial, personal and private use, the commercial reproduction, distribution or transmission of any part or parts of this Web site or any information contained therein by any means whatsoever without the prior written permission of Guillemot Corporation S.A. is prohibited. You may neither use the Web site in any manner which could damage, disable, overburden, or impair the Web site, nor interfere with any other party’s rightful use of the Web site. You may not test the vulnerability of the Web site or use any robot or other automated means -except for indexing or updating of search engines- to access the Web site without our prior express written permission. With the exception of any personal information about you (i.e., with the exception of your rightful access to your account), you may not access, or attempt to access, any non-public portion of the Web site or any personal information about a user. We reserve the right to monitor your use of the Web site and to monitor your compliance with these TOU; by using the Web site, you acknowledge and consent to such monitoring.
You must not use the Web site in any manner (including with ulterior motive) which could harm Guillemot, or any of its affiliated companies (parent company, sister companies, etc.); YOU REPRESENT AND WARRANT THAT YOUR USE OF THE WEB SITE AND ANY MATERIALS IS AND WILL REMAIN AT ALL TIMES FAVORABLE TOWARDS GUILLEMOT AND ITS AFFILIATED COMPANIES.
Because of local legal requirements, Guillemot does not want to store personal data of citizens of the Russian Federation. Accordingly, Guillemot prohibits the citizens of the Russian Federation from creating any account on the Web site and Guillemot prohibits the citizens of the Russian Federation from subscribing any service on the Web site.
YOU REPRESENT AND WARRANT TO GUILLEMOT THAT ANY AND ALL INFORMATION THAT YOU SUBMIT THROUGH THE WEB SITE IS TRUTHFUL, ACCURATE AND COMPLETE; YOU WILL MAINTAIN THE ACCURACY OF SUCH INFORMATION; YOU WILL NOT PROVIDE YOUR PERSONAL DATA IF YOU ARE A CITIZEN OF THE RUSSIAN FEDERATION; YOU ABIDE BY AND COMPLY WITH THESE TOU AT ALL TIMES; AND YOUR USE OF THE WEB SITE DOES NOT VIOLATE THESE TOU, OR ANY APPLICABLE LAW OR REGULATION. Providing any untruthful or inaccurate information is a material breach of these TOU and may result in cancellation of orders; without limiting the TOU, your account may be deleted, and your account may be terminated without warning, if we believe that you are a minor and/or a citizen of the Russian Federation.
It is recalled that a person making a fraudulent alteration of the truth likely to cause harm and whose object or whose effect is to establish proof of a right or a fact having legal consequences is liable, in particular, to the sanctions provided for in article 441-1 of the French penal code, providing for penalties of up to three years in jail and a fine of 45,000 euros; hence an offence can be constituted by untruthful information provided for being granted the right to the use the Web site (including services thereon) because it will likely cause harm to us.
2. INTELLECTUAL PROPERTY RIGHTS; LIMITED LICENCE
The Web site belongs to Guillemot Corporation S.A.
All intellectual property rights, trademarks, brand names, logos, copyrights, and any other legally protectable information depicted in this Web site belong to Guillemot or its respective licensors.
You are granted a personal, limited licence, royalty-free, revocable, non-exclusive, nontransferable and non-sublicensable license, to browse the Web site and to display the Materials only on the screen of a single personal computer (which means your personal computerized terminal) or personal mobile device, solely for your personal, private, non-commercial use, and provided all copyright, trade mark and other proprietary notices are left intact (the “Limited Licence”). The grant of this limited licence is conditional upon your agreement to and compliance with all these TOU. Any other use of any portion of this Web site including, but not limited to, reproduction, modification, distribution, or republication, without the prior written permission of Guillemot is strictly prohibited, and is a violation of Guillemot’s (and/or its licensor(s)) intellectual property rights. Use of any Materials on or in any other internet site, any publication, any works, or elsewhere, without the prior written express permission of Guillemot Corporation S.A. is strictly prohibited, and is a violation of Guillemot’s (and/or its respective licensor(s)) intellectual property rights.
Except as expressly provided herein, Guillemot does not grant any express or implied right to you under any patent, copyright, trademark, or trade secret information.
You will not use (other than to the extent permitted by applicable law) any software, and data accompanying the software (collectively, the “Software”) or any materials (of whatever nature) contained or capable of being downloaded from the Web site to develop, design, produce, manufacture, sell and/or distribute any goods or services nor will you permit any third party to do any of the above.
You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Web site. You do not have our permission to distribute the Materials, publicly display them, charge any fee for them, use it to create your own web site, construct a database with it or replicate the Web site or any parts of it elsewhere. Guillemot intends these only as examples and not as an exhaustive list of things you can’t do with the Web site or the Materials.
You may post product reviews on the Web site. We reserve the right (but not the obligation) to publish or reject, and to remove or edit such content, and we reserve the right not to regularly review posted content. If you do post product reviews, you grant us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant us and our sublicensees the right to use the name or nickname that you submit in connection with such content, if they choose.
DMCA COPYRIGHT NOTICE. If you believe your work or content has been copied and posted to the Web site in a way that constitutes copyright infringement, please provide our designated copyright agent the following written information in accordance with the Digital Millennium Copyright Act (“DMCA”): (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed upon; (c) a description of where the material that you claim is infringing is located on the Web site; (d) a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) your name, address, telephone number and email address (if available); and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
You can contact our DMCA designated copyright agent for notifications of claimed infringement at:
|Guillemot Corporation S.A., Attention to Legal Manager -DMCA Notice-, 2 rue du Chêne Héleuc 56910 Carentoir, France
Note: the above contact information is provided exclusively for notifying us that copyrighted material may have been infringed.
If you download any Software from this Web site, the downloading of any such Software including but not limited to any images or files incorporated in the Software shall be subject to the Limited Licence set out above. Any other use of Software, including but not limited to the use of any images or files generated by the Software, is either subject to a separate end-user license agreement, or forbidden (if not expressly authorized by the end-user license agreement). Guillemot and/or its respective licensors (as the case may be) shall retain all right, title, interest and intellectual property rights in and to the Software. You may not distribute, sell, or transmit the Software nor alter, modify or adapt the Software, including but not limited to translating, decompiling, reverse engineering, disassembling, or creating derivative works therefrom other than to the extent permitted by applicable law.
Your use of the Web site requires Internet access; you acknowledge that access to the Internet may result in charges to you, and that we are not responsible for any such charges, nor for the availability or speed of the Internet. Guillemot and all its Affiliates are not responsible for the failure of encryption technologies provided by third parties. Guillemot and all its Affiliates are not responsible for the actions of third parties, such as the distribution of a user’s personal data a third party. WE DO NOT GUARANTEE THAT THE INFORMATION CONTAINED IN THIS WEB SITE WILL NOT CONTAIN ERRORS, INACCURACIES, OR OMISSIONS. This web site and its contents are provided on an “as is” and “as available” basis, and without any representation, term, condition or warranty of any kind, either express or implied (and whether implied by law, custom or otherwise) in respect of the Web site, including but not limited to its contents. To the fullest extent permitted by applicable law, Guillemot and all its affiliated companies disclaim all representations, terms, conditions and warranties including, but not limited to, as to satisfactory quality, merchantability, fitness for a particular purpose, title and non-infringement of intellectual property rights.
In addition, to the fullest extent permitted by applicable law, Guillemot and all its affiliated companies exclude any representation or warranty that the information and/or facilities accessible via this Web site are accurate, complete or current, or that this Web site will be free of defects including, but not limited to, viruses or other harmful elements. The user of this Web site assumes all costs and risks arising as a result of its use of this Web site.
You acknowledge that, if you have an account on the Web site (hereinafter “account”) i.e., a private space protected by a password, you are fully responsible for the choice of your password and for keeping it confidential; and you are fully responsible for all activities carried out within the context of your account and for any CLAIMS or complaints arising from your account.
You acknowledge that, to the fullest extent provided by applicable law, your use of the Web site is at your sole risk. To the fullest extent provided by applicable law, you assume full responsibility for your use of the Web site and agree that any information you send or receive during your use of the Web site may not be secure and may be intercepted or otherwise accessed by unauthorized parties. You agree that, to the fullest extent provided by applicable law, neither Guillemot, each of its affiliated companies nor any of their directors, employees, agent or other representatives, is responsible for any low or damage, to your property or data, that results from any Materials you access or download from the Web site or otherwise from your use of the Web site. This section 4 “DISCLAIMER” constitutes an essential part of these TOU.
5. LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, our sole obligation and your sole remedy in case one or more Web pages of the Web site fail to work properly is for us to use commercially reasonable efforts to remedy any such failure as soon as is reasonably practicable, and if such failure is not remedied within a reasonable time, for you to terminate your use of the Web site. Instead of using the Web site, you may use services which are published by third parties; this sentence does not imply any endorsement by us.
To the fullest extent permitted by applicable law, neither Guillemot, Guillemot’s affiliated companies nor any of their respective directors, employees, affiliates or other representatives will be liable to you or any other person, for any loss or damage related to this Web site including, but not limited to, indirect or consequential loss or damage, loss of data, income, profit or opportunity, loss of or damage to property and claims of third parties, even if Guillemot or any of its affiliated companies has been advised of the possibility of such loss or damages and/or such loss or damage were reasonably foreseeable.
In no event will Guillemot’s total liability to you for all damages, losses, and claims (whether in contract, tort (including, but not limited to, negligence), or otherwise) exceed the amount paid by you, if any, for accessing this Web site.
In no event the total liability of any Guillemot’s affiliated company to you for all damages, losses, and claims (whether in contract, tort (including, but not limited to, negligence), or otherwise) will exceed the amount paid by you, if any, for accessing this Web site.
You specifically acknowledge and agree that, to the fullest extent provided by applicable law, neither Guillemot, each of its affiliated companies, nor any of their directors, employees, or representatives, will be liable for any defamatory, offensive, or illegal conduct of any other user of the Web site.
Certain laws may not allow limitations on implied warranties or the exclusion or limitation of certain damages; solely to the extent that these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights.
You commit to indemnify, defend and hold harmless each of Guillemot and its affiliated companies, providers and all of their respective agents, directors, officers, employees, information providers, service providers, suppliers, licensors and licensees, and all other related, associated, or connected persons (collectively, the “indemnified parties”) from and against any and all liabilities, expenses and costs, including without limitation reasonable legal fees and expenses, incurred by the indemnified parties in connection with any claim or demand arising out of, related to, or connected with your use of the Web site or your breach of these TOU. You will assist and co-operate as fully as reasonably required by the indemnified parties in the defence of any such claim or demand.
You acknowledge that Guillemot would not have published the Web site if Guillemot would have known that a use of the Web site -in particular, your use- would be or become unfavorable to any of Guillemot, and its respective affiliated companies, and, without limiting the foregoing, you commit to indemnify all the other users of the Web site, in addition to the indemnified parties, in case the Web site is temporarily or permanently, in whole or in part, stopped following your non-favorable use.
You agree that in the event of any breach of your obligations under the Section 9 “TERMINATION” of the TOU, Guillemot suffers an irreparable injury, such that no remedy at law shall afford it adequate protection against, or appropriate compensation for, such injury. Guillemot shall be entitled to specific performance of your obligations under these TOU, as well as further relief.
7. PERSONAL INFORMATION PRIVACY
8. UNSOLICITED COMMUNICATIONS POLICY
Please do not communicate any unsolicited ideas, suggestions or other materials to Guillemot or the Web site. Guillemot does not accept or consider unsolicited ideas, including ideas for new advertising campaigns, marketing plans, new promotions, new or improved goods, products, services or technologies, product enhancements, processes, names, samples, demos, images, photographs, pictures (each a “Communication” and collectively “Communications”). The purpose of this policy is to avoid potential misunderstandings or disputes.
If you breach any of the TOU provision or any applicable additional terms or you terminate these TOU, your authorization to use this Web site is automatically terminated and you must immediately destroy any material copied, reproduced, republished, downloaded, captured (including, but not limited to, screenshots) or printed from the Web site. You represent and warrant that, in case your authorization to use this Web site is terminated, without limiting the foregoing, you will neither, access to nor use the Web site, in any manner whatsoever, directly or indirectly, and you will promptly destroy all the downloaded files (including at least cached images, Software, and all other files) which are related to the Web site, all the Materials, as well as their electronic or printed copies if any-, and clear your browsing and download history.
Guillemot may, in its sole discretion, change, suspend or terminate, temporarily or permanently, the Web site or any part of it or any of its features at any time, for any reason, without any notice or liability to you or any other person.
Guillemot may at any time and for any reason, with or without cause, and in its sole discretion, immediately suspend or terminate (in whole or in part) your permission to use the Web site, all without any notice or liability to you or any other person.
The Sections 1, 4, 5, 6, 8, 9, 11, 12 and 13 in these TOU survive indefinitely after the termination of these TOU.
10. THIRD PARTY SITES
The Web site may include advertisements for, and links to, other Internet sites or resources and businesses operated or controlled by other persons (collectively “Third Party Sites”). Third Party Sites are independent from us, and we have no responsibility or liability for or control over Third Party Sites, their business, goods, services, content, links, webcasting or any other form of transmission, changes or updates to such sites. Links to Third Party Sites are provided solely for your convenience and the inclusion of any link or advertising does not imply any endorsement by Guillemot. Your use of Third Party Sites and your dealings with the owners or operators of Third Party Sites is at your own risk, and you shall not make any claim against Guillemot arising out of your use of any Third Party Sites, or your dealings with the owners or operators of any Third Party Sites.
11. LINKING, FRAMING AND MIRRORING THE WEB SITE
Links other than to the Web site Home page without the express written permission of Guillemot are strictly prohibited. Guillemot reserves the right to cancel and revoke any permission it may give to link to the Web site at any time, for any reason, without any prior notice, and without any liability to you or any other person. The framing of the Web site or any of its content in any form and by any method is strictly prohibited. The mirroring of the Web site or any of its content in any form and by any method is strictly prohibited.
12. GOVERNING LAW AND JURISDICTION
Guillemot and its affiliated companies exclude all representations and warranties that any products, Materials, facilities, or services published on this Web site is available for use in the country, province or state where you reside, or that they comply with any legal or regulatory requirements of the location where you reside. Those who choose to use this Web site do so at their own risk and on their own initiative and are responsible for compliance with applicable local laws.
These TOU shall be governed by and construed in accordance with French law. Any dispute under these TOU shall be subject to the exclusive jurisdiction of the French courts and, by using this Web site, you hereby submit to the non-exclusive jurisdiction of such courts for such purposes and waive any and all objections to jurisdiction or venue in such courts.
The parties acknowledge that the disclaimers set forth in Section 4 and limitations set forth in Section 5 are each an essential element of these TOU between the parties and the parties would not have entered into these TOU without such disclaimers and limitations.
You agree that all agreements, notices, disclosures, and other communications that Guillemot provides to you electronically satisfy any legal requirement that such communication be in writing.
In addition to the legal provisions acknowledging the probative value of electronic writing, you acknowledge and accept the validity and probative value of the click (click activating the check boxes or buttons of the Web site). Computerized records, kept in Guillemot’s computer systems under reasonable security conditions, are accepted as evidence (for example, to prove the use of the Web site and therefore acceptance of the (general) terms and conditions of use and the acceptance of additional terms and conditions (if any). Unless there is a manifest error by Guillemot, the data stored in Guillemot’s computer systems have probative force regarding the user’s actions carried out via the Web site.
The use of Web scraping bots (bots used for data harvesting and extracting relevant content) without the prior written approval of Guillemot, is expressly forbidden. A use of a Web scraping bot would be also in breach of Section 1.
Any notice required or permitted under the TOU shall be provided to us at the address mentioned at the beginning of these TOU. Such notice shall be deemed to have been provided upon personal delivery of the notice or, if notice is sent by certified or registered mail, postage prepaid, four (4) days after the mailing date if sent from France to France, or seven (7) days after the mailing date if either sent from the outside of France to France, or sent from France to the outside of France.
If any court of competent jurisdiction finds any provision of these terms to be void or unenforceable for any reason then such provision shall be ineffective to the extent of the court’s finding without affecting the validity and enforceability of any remaining provisions.
These TOU inure to the benefit of the parties. Your rights and obligations under these TOU and in using the Web site are not assignable. We have the right to assign our rights and obligations under these TOU.
The parties agree the TOU is drawn up in the English language. To the fullest extent permitted by applicable law, in the event of any discrepancy between the English language version and any non-English language version of the TOU, the English language version shall prevail.