Last update August 7, 2019.
The Website “Nice Ultimed” is owned by Amaury Sport Organisation (A.S.O.) a Limited Company (Ltd.) having a share capital of 61 200 240 € registered in the Commercial Register (RCS) of Nanterre under the number 383 160 348, having its Headquarters at Boulogne-Billancourt, 40 – 42 Quai du Point du Jour, France, represented by his Chief Executive Officer (CEO), Mr. Yann le Moënner.
Publication Director: Mr. Yann le Moënner.
The Website is hosted by Skale-5, a facilities management Company having its 33 avenue des Champs Elysées, 75 008 Paris, France.
- T&C: These Terms & Conditions. The T&C are to be considered as an agreement between the Users and A.S.O.
- The Website: The official Website “www.niceultimed.com”, an event organized by A.S.O.
- User: The person surfing on the website.
- Personal Data : means any information related to an identified or identifiable natural person (Data subject). Data Processing : means any operation or set of operations which is performed on personal data or on a set of personal data, whether or not by automated means (collection, storage, recording, erasure, etc.).
- Consent : means any freely given, specific, informed and unambiguois indication of the data subject’s whishes by which he or she signifies agreement of to the processing of the Personal Data related to him or her.
Acknowledgment of the Terms & Condition
As A.S.O. cannot verify Your age, You are presumed to be a legal adult or to have been authorized by a parent or any legal representative to use it. In the event this were not the case, or if You do not agree with the T&C, You must immediately stop using the Website.
Modification of the Terms & Conditions
A.S.O. can modify and update these T&C at any time, to take into consideration the developments of the Website, of Our services, or the evolution of the Applicable law.
Any modification will come into force at the publication of the new T&C on the Website.
We recomend You to check these T&C as often as possible.
You can check on the top of this document the last date these T&C have been updated.
I. Purposes of the Website
You can access the Website to:
- Follow news about Nice Ultimed, its history, and the last, current and further editions (race, competitors, history, partners, …) ;
- Follow Us on Our official Pages in the Social Medias;
II. Access to the Website
To use the Website, Users must have the necessary devices and a Network connection. All the expenses incurred in obtaining the necessary equipment and devices will remain User’s own responsibility and will not be refunded by A.S.O.
To use the Website, Users must use an Internet browser. A.S.O. shall not be held liable or responsible of any default or failure of display caused by Your Internet browser.
III. Data confidentiality
IV. Third Parties links
We inform You that third parties links are used in the Website and send You to third parties websites owned and hosted by different companies (for example, the official Web shop of the race). A.S.O. shall not be held liable or responsible for the content, links, modifications or updates of these third parties websites.
The fact that We implement these third parties links on the Website does not mean that We give Our approval about these Websites topics or content.
V. IP Rights and Copyright
The Website in its whole with each one of its parts is protected by IP rights owned by A.S.O, in particular but not limited to, its texts, trademarks, logo, design, sound, music, layouts, supports, icons, and any visual or acoustic items.
A.S.O. preserves the ownership of the Website which is protected by copyright, trademark law and any IP law. The Website in its whole includes its softwares, Data bases, exclusive information, contents, code, concepts, “savoir-faire”, documentation (and all modification or derivative works, all IP and copyrights), and in particular but not limited to, the selection, compilation, classification, feature-rich functionalities and their layout.
Some intellectual property elements, copyrights or others rights held by A.S.O. might be property of third parties which granted A.S.O. a right of use.
Except the cases restrictively authorized by law, it is absolutely forbidden to make, without A.S.O. express authorization, be it full or partial, a copy, representation, modification, broadcast, adaptation, translation and/or limited or full change, integration to others parts or transfer to another website, platform or third party software, of the parts of the Website held by A.S.O. IP rights.
It is also strictly forbidden for a User to perform a technical modification of the Website by whatsoever process.
Users of the Website are not entitled to claim any, full or partial, IP rights on the Website based on the access A.S.O. has granted to them.
Any violation of these terms constitute a counterfeit, an act of unfair competition, or an act of free riding as stated by IP French Code and refers the infringers to civil sanctions and criminal punishments as provided by French law.
VI. User’s Behavior
To use the Website, the User must have the necessary devices and a Network connection. All the expenses incurred in obtaining the necessary equipment and devices will remain User’s own responsibility and will not be refunded by A.S.O.
When the User uses the Website, he or she commits himself or herself to use only secured devices, equipment and softwares, protected by a Total Security Suite, free of virus, irregularity, bug, or a system malfunction which may result in the disturbance, breakdown, malfunction or the decrease of the security of the Website.
The User undertakes to prevent the following actions to be carried out when using the Website, directly or indirectly, by himself or by anyone else:
- Breaking law, contractual relations or fiduciary relationships by downloading, uploading, posting, sending by email, disclosing or making available the content of the Website (i.e. exclusive or confidential information obtained or published in the scope of working relationships or through non disclosure agreements) ;
- Providing, with no prior Data Subject’s consent, Personal data or private informations ;
- Downloading, posting, sending by email, disclosing or making available any content which would infringe or counterfeit copyrights, trademarks, disclose trade secrets, harm creator royalties, etc.
- Hacking or modifying totally or partially the Website in order to limit or prevent a User from accessing it ;
- Endeavor the access to some parts of the Website You have not been allowed to by A.S.O., by using other means that the ones You have been authorized to like circumventing or trying to circumvent security measures, passwords protection, etc.;
- Modifying a software made for the Website or use modified versions;
- Trying to enter the Website by modifying a software necessary for the Website to function properly, or by using an altered version of the Website ;
- Using the Website, its services or its content for illegal purposes ;
- Asserting or insinuating, without A.S.O.’s prior consent, that A.S.O. endorses an information or statement appearing in the Website ;
- Misuse the identity of a real or fake person or Entity, or of an A.S.O. employee or representative;
- Forge or manipulate a login to hide the origin of User’s content ;
- Using the Website to:
- spread any information or communication which could be considered as illegal, fraudulent, threatening, outrageous, slanderous, obscene, pornographic, hateful, vulgar or offensive, or which infringes A.S.O. or a Third Party copyright ;
- publish any private information concerning mainly trade secrets, advertising, lobbying, chain letters, investment opportunities, or any unsolicited commercial communication;
- Affecting or harming children by the use of the Website ;
- Do spamming or phishing ;
- Threaten the security of the Website by introducing a software containing a virus, a computer worm, a trojan, a botnet, a logical bomb;
- Taking to bits the Website modifying and adapting it, using a reverse engineering process, or granting, translating or selling a sub-licence of the Website;
- Remove copyright and trademark notices from the Website ;
- Chase or harass someone else ;
- Create a link to the Website without A.S.O. prior consent ;
- Using a robot, digital agent, offline messaging program, extract software with manual or automated means in order to extract, index, explore Data, reproduce or alter content or Website browsing without A.S.O. prior consent;
- Gather or collect Users ‘ informations without their prior consent ;
- Loading large amounts of Data and excessive requests aimed at imposing disproportionate efforts to A.S.O. or to A.S.O. Providers infrastructures ;
- Allowing unauthorised third parties to access Personal Data due to their misconduct, negligence, or reckesness ;
- Disclose, lend, hire or sell Your login and password to a third party ;
- Release, transfer, sell or hire the Personnal Data You can access to, whether for reward or free of charge;
- Registering inaccurate or incomplete data and information which could harm either A.S.O. or third parties.
Generally speaking, Users undertakes to avoid registering into the Website any information or comment which could harm A.S.O.or any third party, mainly by writing insults, unethical, illegal, vulgar, offensive, outrageous, fraudulent, threatening, slanderous, discriminating, lews, hateful, pornographic, comments which are contrary to public order or honor, or sending links to websites, applications, texts or any other support containing them.
Failing to comply with User’s Behavior code will be considered a serious breach of the current Terms & Conditions.
In the event of use of the Site that does not comply with these T&Cs, the Privacy Notice, or any other policy, rule or directive applicable to the Site, A.S.O. reserves the right to bring proceedings before the competent French civil or criminal courts against the User and/or the person on whose behalf the User acts.
To the extent permitted by law, You acknowledge and agree that neither A.S.O. nor its subsidiaries, shareholders, grantors, suppliers, advertisers or sponsors, their managers, executives, employees, conselors, agents or any other representative can be held accountable or responsible to You or to any Third Party of indirect damages (including but not limited to damages for loss of business, data breach or loss of benefits), resulting whatsoever from the Website or from the information herein contained.
To the extent permitted by law and without limiting the generality of the foregoing, You acknowledge and expressly agree that A.S.O. accepts no responsibility or liability regarding:
- The default by another User of the Website to committing to the T&C and to User’s behaviour;
- The Website breakdown or shut down caused by an issue with Your Network connection ;
- The transmission by a Third Party to the Website of bugs, viruses, worms, trojans, defaults, logical bombs or any other harmful component;
- Damages or losses of any nature caused by the introduction of errors, inaccurancies or information insufficient into the Website ;
Users acknowledges that A.S.O. cannot grant a continued access or service and that in any case A.S.O. can be held responsible, in particular in the event of :
- Force majeure ;
- Any network breakdown ;
- An error caused by the misuse of services by an User of the Website ;
- The violation of the T&C by the User;
- The registration of inaccurate data or the nonexistence of data updating.
The implementation of any technical process by the User, like robots or automatic requests which violates the T&C will be considered as a misconduct.
A.S.O. shall not be held liable or responsible of any damage caused to the User by another User or by a Third party, when the damage results form the misuse of services, the violation of the T&C and of the Privacy Notice.
IX. Dispute resolution
This T&C are governed by French Law.
Any dispute resulting from the application of this Terms and Conditions and which cannot be concluded by friendly settlement shall be brought before the competent court or jurisdiction of Nanterre Court of Appeal.
Under these T&C, A.S.O. may assign its rights and obligations.
Subsequently, You give Your prior agreement to A.S.O. to transfer its obligations to a third party or to another legal entity of the same group of entities A.S.O. is part of. The Contract between You and the new entity (these T&C) will continue automatically, with no need of any kind of formal dealings. You are not allowed to transfer your rights or obligations resulting from these T&C. Any transfer which would violate these T&C would be null and void.
Rights and obligations resulting from these T&C can survive the withdrawal of Website use. These rights and obligations will survive the termination or expiration of the T&C.
The French version of the Terms and Conditions and of the Privacy Notice govern Your use of the Website. In the event of conflicts with other translated versions, the French version shall prevail.
If you want to introduce a claim relative to these Terms and Conditions, We invite You to send us a mail to the following address:
DATA PROTECTION OFFICER AMAURY
40 – 42 Quai du Point du Jour,
Or to send an e-mail to DPO@amaury.com