'TIME TO' TERMS AND CONDITIONS OF USE

Last updated on 28 March 2018

 

LEGAL NOTICE

Time to is presented by Amaury Sport Organisation (A.S.O.), a limited company with a capital of €61,200,240, registered with the Nanterre Trade and Companies Register under number 383 160 348, with its headquarters at Boulogne Billancourt (92100) France, 40-42 Quai Point du Jour, represented by its CEO, Mr. Yann le Moënner.

Responsible editor: Mr. Philippe Sudres.

Time to is hosted by ACTIVE Network, LLC, 717 North Harwood Street, Suite 2500, Dallas, TX 75201

 

1.     SCOPE OF THE TERMS AND CONDITIONS OF USE

These Terms and Conditions of Use apply to the Website www.timeto.com on which these T&Cs are published, as well as to its mobile versions, social media pages and applications (collectively referred to as the "Site"), and to all services available on or through the Site ("Services").

By accessing and/or using the Site, you are expressly agreeing to comply with, and be bound by, the following Terms and Conditions of Use, A.S.O.'s Privacy Policy available at: http://www.timeto.com/en-us/privacy-policy (the "Privacy Policy") and any other policies, rules or guidelines that may be applicable to Services on the Site (“Additional Terms”), such as rules for sporting events, as well as all applicable laws and regulations.

A.S.O. and all the entities that control A.S.O., are controlled by A.S.O. or are affiliated with A.S.O., are collectively referred to in this document as "we", "us" or "our". The terms "you", "your" and "yours" refer to you as a user of the Site or as the parent or legal guardian (over 18 years of age) of the user, if said user is a minor in their country of residence.

By using or attempting to use the Site, you certify that you are at least 18 years of age or, if under the age of 18, that you have the consent of your parent or guardian (over the age of 18) to use the Site. If you do not meet these requirements or, if for any reason, you do not agree with all the terms and conditions contained in these Terms and Conditions of Use, you must stop using the Site immediately.

 

1.1. AMENDMENT OF THE TERMS AND CONDITIONS OF USE

A.S.O. may revise and update these Terms and Conditions of Use at any time; please periodically review them, because your continued usage of the Site indicates your agreement with any such changes. Any changes we make will be effective immediately upon notice, which we may provide by any means including, but not limited to, posting a revised version of these Terms and Conditions of Use on the Site. If we make any material changes to these Terms and Conditions of Use, we will endeavor to notify you in advance of such changes, by highlighting the change on the Site or by sending an email to you at the email address that you have registered with us. You can determine when these Terms and Conditions of Use were last revised by referring to the “Most recent update” information at the top of these Terms and Conditions of Use.

 

1.2. ADDITIONAL TERMS AND CONDITIONS OF USE

Parties other than A.S.O. may provide services and sell products or entry to their Events on the Site. You may order services or merchandise through the Site from persons not affiliated with A.S.O. ("Seller").

When you order an Event-related product or service; purchase a race bib or ticket; take part in a competition; book a leisure or travel service; complete a transaction, sale, membership, booking, donation and/or activity on the Site (each constituting an "Event"), you accept the additional Terms and Conditions of Use. These are established either by A.S.O. or the Seller and prevail over these Terms and Conditions of Use in the event of conflict. These additional Terms and Conditions of Use will be provided, where applicable, when ordering a product or service related to an Event. You must accept them without reservation in order to finalize your order.

These Terms and Conditions of Use will remain in full force and effect as long as you are a user of the Site and in the event of termination of any membership, service or feature, you will still be bound by your obligations under these Terms and Conditions of Use, including any indemnification obligations, warranties, and limitations of liability.

 

2.     REGISTRATION ON TIME TO

You are allowed to browse the Site and view its content without signing up. However, in order to use certain Services on the Site, you will have to register with A.S.O. and select a username and password (your "login"). You are responsible for maintaining the confidentiality of your login details. You shall not (i) select or use as your login the name of another person with the intention of impersonating that person; (ii) use as your login a name that is subject to any rights of a person other than you without appropriate authorization; or (iii) use as your login a name that is otherwise offensive, vulgar or obscene.

You shall be responsible for any and all use of your login details, whether or not authorized by you. You will immediately notify A.S.O. in writing of any unauthorized use of your account, or other account-related security breach of which you are aware. You also agree to: (i) provide truthful, accurate, current and complete information about you as presented to A.S.O., and (ii) keep your login details up-to-date so that they remain true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if A.S.O. has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, A.S.O. has the right to immediately suspend or terminate your account and refuse any and all current or future use of the Site or Services (or any portion thereof) at its sole discretion.

 

3.     PRIVACY POLICY

 

Your login data and certain other information about you are subject to the Privacy Policy available at http://www.timeto.com/en-us/privacy-policy . By using the Site and related services, you consent to the collection and use of your data and certain other information about you, in accordance with the terms set forth in the Privacy Policy. The Privacy Policy is an integral part of these Terms and Conditions of Use.

 

4.     USER CODE OF CONDUCT

 

In connection with the User Content (as defined in Section 8 below) and your use of the Site, you agree that you will not, nor will you permit anyone else to, indirectly or directly:

4.1. upload, post, email, transmit or otherwise make available any User Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as proprietary or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

4.2. submit information that includes non-public personal or identifying information about another person without that person’s explicit consent;

4.3. upload, post, email, transmit or otherwise make available any User Content that infringes any patent, trademark, trade secret, copyright or any other intellectual property rights;

4.4. restrict or inhibit any other visitor or member from using the Site, including, without limitation, by means of “hacking” or defacing any portion of the Site;

4.5. access or attempt to access parts of the Site for which you are not authorized by A.S.O., circumvent or attempt to circumvent any security or password protection on the Site, access the Site by any means other than through the interface that is provided and authorized by A.S.O.;

4.6. modify any software for the Site in any manner or form, nor use modified versions of such software, including (without limitation) for the purpose of obtaining unauthorized access to the Site;

4.7. use the Site or Documents (as defined in these Terms and Conditions of Use) for unlawful purposes;

4.8. express or imply that any statements you make are endorsed by us, without our prior written consent;

4.9. impersonate any person or entity, whether actual or fictitious, including any employee or representative of A.S.O.;

4.10.                forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the Site;

4.11.                transmit (a) any content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene, pornographic, hateful, vulgar or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights; (b) any material, non-public information about companies without the authorization to do so; (c) any trade secret of any third party; or (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us);

4.12.                use the Site to harm minors in any way;

4.13.                engage in spamming or phishing activities;

4.14.                transmit any software or other materials that contain any viruses, worms, Trojan horses, defects, date bombs, time bombs or other items of a destructive nature;

4.15.                modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site;

4.16.                remove any copyright, trademark or other proprietary rights notices contained on the Site;

4.17.                “stalk” or otherwise harass a third party;

4.18.                link to any page of or content on the Site without written authorization;

4.19.                use any robot, bot, offline reader, site search/retrieval application or other manual or automatic device or process to retrieve, index, data mine, scrape or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents without our prior written consent, including with respect to any CAPTCHA displayed on the Site. Notwithstanding the foregoing, A.S.O. grants the operators of public search engines permission to use robots to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. A.S.O. reserves the right to revoke these exceptions either generally or in specific cases;

4.20.                harvest or collect information about Site visitors or members without their express consent;

4.21.                take any action that imposes or may impose (at A.S.O.’s sole discretion) an unreasonable or disproportionately large load of data, information, or queries on our (or our third-party providers’) infrastructure;

4.22.                share use of your password or use any passcode or password, regardless of whether or not such passcode or password is unique, to participate in any offer on the Site if you are not the original holder of such passcode or password;

The foregoing actions shall constitute a material breach of these Terms and Conditions of Use.

You acknowledge, consent and agree that A.S.O. may access, preserve and disclose your account information and User Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with laws, rules, regulations, or legal process; b) ensure compliance with these Terms and Conditions of Use; (c) respond to claims that any User Content violates the rights of third parties; (d) respond to your requests for customer service or (e) protect the rights, property and personal safety of A.S.O., its users or the public.

 

5.     INTELLECTUAL PROPERTY AND RESTRICTIONS ON USE.

 

The information and materials provided on or through the Site, including any content, data, text, designs, graphics, images, photographs, illustrations, audio and video clips, logos, icons and links (collectively, the “Materials”) are owned exclusively by A.S.O. or its licensors or Sellers, and are intended to educate and inform you about the Events and other products and services offered or described on the Site.

The Site, including all Site software, databases, proprietary information, documentation, software, contents, computer codes, ideas, expertise and Materials (and all modifications and derivative works thereof and any intellectual property and other rights relating thereto or contained therein) including, but not limited to, the selection, compilation, sequence, “look and feel” and arrangement of items, is owned and operated by A.S.O. and will remain the exclusive property of A.S.O. You acknowledge that the Site is protected by copyright, trademark and other laws. You further acknowledge that you do not acquire any ownership rights by using the Site or the Materials.

The trademarks, logos, and service marks displayed on the Site (collectively the “Trademarks”) are the registered and unregistered trademarks of A.S.O. and A.S.O. advertisers, licensors, Sellers, third party Organizers, suppliers and others. The Trademarks owned by A.S.O., whether registered or unregistered, may not be used in connection with any product or service that is not offered by A.S.O., in any manner that is likely to cause confusion with customers, or in any manner that disparages A.S.O.

 

6.     PURCHASE POLICY FOR PRODUCTS AND SERVICES ON TIME TO

 

If you wish to purchase products or services or register for an Event described on the Site (each individually referred to as a “Transaction”), you will be asked to supply certain information applicable to your Transaction, including, without limitation, credit card and other information. You understand that any such information will be processed by A.S.O.'s payment provider in the manner described in our Privacy Policy.

You agree to pay all charges incurred by you or any users of your account and credit card (or other applicable payment mechanism) at the price(s) in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your Transactions.

In addition to these Terms and Conditions of Use, YOUR TRANSACTION SHALL BE SUBJECT TO ANY ADDITIONAL TERMS APPLICABLE TO SUCH SERVICES, FEATURES AND PURCHASES. Registration for Events may be regulated by certain applicable laws or regulations.

You represent and warrant that all information you provide, including but not limited to all information concerning your name, address, credit card number, and other identifying information of any nature will be true, complete and correct, and that you will update all information as it changes. You agree that you will only use credit cards belonging to you or for which you are expressly authorized to use. You further agree that you will not attempt to conceal your identity by using multiple Internet Protocol (“IP”) addresses or email addresses. You grant A.S.O. the right to provide any information you submit to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.

Descriptions, images of, or references to, third party products, services, or Events on the Site do not imply A.S.O.'s endorsement of such products or services. We reserve the right, without prior notification, to change such descriptions or references; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from making any or all Transaction(s); to limit the order quantity on any product or service; and/or to refuse to provide any user with any product or service.

If we are unable to verify or authenticate any information you provide during any registration, ordering, purchase, sale, authentication, delivery, payment or remittance process, or any other process, or if we are no longer able to verify or authorize your credit card or bank account information, your Event registration may be cancelled. We may refuse to honor all pending and future purchases made on such credit card accounts and/or on any online accounts associated with such credit card accounts, and you may be prohibited from using the Site.

 

7.     PURCHASE OF A PRODUCT OR SERVICE FROM A SELLER/ORGANIZER OTHER THAN A.S.O.

ALL MATTERS CONCERNING THE MERCHANDISE AND SERVICES DESIRED FROM A SELLER, INCLUDING BUT NOT LIMITED TO PURCHASE TERMS, PAYMENT TERMS, WARRANTIES, GUARANTEES, MAINTENANCE AND DELIVERY, ARE SOLELY BETWEEN YOU AND SELLER. A.S.O. makes no warranties or representations whatsoever with regard to any goods or services provided by Sellers. You will not consider A.S.O., nor will A.S.O. be construed as, party to such transactions, whether or not A.S.O. may have received some form of revenue or other remuneration in connection with the transaction.

You agree that A.S.O. will not be liable for any costs or damages arising out of such transactions, either directly or indirectly. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these Sellers. A.S.O. assumes no responsibility or liability for the actions, products or content of these Sellers. You must carefully review the applicable additional Terms and Conditions of Use, their privacy policies and other Terms and Conditions of Use before confirming your order on the Site. It is the responsibility of the Seller to provide you with its Additional Terms and Conditions of Use, and in particular its refund policy and to issue refunds to you via the Site or by alternative means where necessary.

A.S.O. will not be held responsible or liable in any way for refunds, refund payment errors or insufficient refund amounts issued by a Seller for an Event. In addition, A.S.O. shall not be held responsible for the truth or accuracy of any products or services listed by Sellers, or their ability to perform a task, organize an Event, or complete a transaction. Notwithstanding the foregoing, you may notify us of any misconduct on the part of Sellers, Event organizers and/or third parties in connection with the Site and any Services, and we, at our sole discretion, may investigate the claim and take action.

 

8.     FORUMS AND USER CONTENT

 

A.S.O. and its designees may host forums on the Site (hereinafter referred to as the “Forums”), giving you the opportunity to provide or upload to the Site creative suggestions, ideas, notes, concepts, information, content, audio recordings, videos, photographs, graphics, artwork or other copyrighted works and materials (collectively, “User Content”).

By posting said User Content to the Site, YOU AGREE TO THIS USER CONTENT BECOMING PUBLIC INFORMATION. YOU GRANT US AND OUR DESIGNEES, FOR THE DURATION OF THE PROTECTION OF INTELLECTUAL PROPERTY RIGHTS AND WORLDWIDE, THE NON-EXCLUSIVE, TRANSFERABLE, FULLY SUBLICENSEABLE (TO MULTIPLE THIRD PARTIES), ASSIGNABLE AND ROYALTY-FREE RIGHTS TO USE, REPRODUCE, DISTRIBUTE (TO MULTIPLE THIRD PARTIES), MODIFY, ADAPT, COMBINE WITH OTHER WORKS, CREATE DERIVATIVE WORKS OF, PUBLICLY PRESENT, DISPLAY, STORE, DIGITALLY PRESENT, PUBLISH (ON THE SITE, ON ANY OTHER WEBSITE(S), IN PRINT, ON THE RADIO, TELEVISION OR ELSEWHERE), MAKE, HAVE MADE, SELL, OFFER FOR SALE, IMPORT AND MARKET ALL USER CONTENT, OR ANY PORTION THEREOF, IN ANY MANNER OR CONTEXT (INCLUDING BUT NOT LIMITED TO USAGE IN COMMERCIAL, ADVERTISING OR PROMOTIONAL MATERIALS), USING ANY FORMAT, MEDIA OR TECHNOLOGY, NOW KNOWN OR HEREINAFTER DISCOVERED, WITHOUT LIMITATION AND WITHOUT ANY COMPENSATION OR ACKNOWLEDGMENT TO YOU OR ANY THIRD PARTY. YOU AUTHORIZE OTHER USERS TO ACCESS, DISPLAY, SAVE AND REPRODUCE THE CONTENT FOR THEIR OWN PERSONAL USE, AND A.S.O. CANNOT BE HELD LIABLE IN THIS REGARD.

To the extent permitted by law, you specifically waive any “moral rights” in and to the User Content. The aforementioned permission includes but is not limited to any copyrights and other intellectual property in and to your User Content.

You agree to only provide User Content that complies with the provisions of the "User Code of Conduct", and that respects the law and the rights of others (for example, not infringing intellectual property rights or not contravening a contractual obligation). You shall be solely responsible for your own User Content and the consequences of posting or publishing it. In connection with User Content, you affirm, represent and/or warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to the User Content and to grant the rights and licenses to A.S.O. under all patent, trademark, trade secret, copyright or other proprietary or intellectual property rights in and to any and all User Content in the manner contemplated by the Site and these Terms and Conditions of Use; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Content to use the name or likeness of such person in the manner contemplated by the Site and these Terms and Conditions of Use or, if such persons are minors, the written consent, release, and/or permission of such minor’s parent or legal guardian. You further understand that the internet has no geographical boundaries, and you therefore agree to comply with all local rules regarding online conduct and acceptable User Content.

Pursuant to Article 6.I-2 of the French "LCEN" law of 21 June 2004 for building confidence in the digital economy, A.S.O. provides a technical hosting service for User Content.

A.S.O. does not provide any checks, supervision or screening of User Content and does not have the ability to intervene before said Content is published. As a result, A.S.O. cannot be held liable in this regard.

A.S.O. may be required to remove content or information published on the Site under the terms laid down by regulations in force, and in particular by article 6.I-2 of the LCEN, in the event of an infringement of third party rights or a regulatory breach. You can report any behavior or content on the Site that is obviously illegal and/or contrary to these Terms and Conditions of Use by sending an email to informatique-et-libertes@timeto.com, giving the following details:

- if the reporting party is a private individual: their first and last name, occupation, address, nationality, date and place of birth; if the reporting party is a legal entity: its type, its name or title, its registered office and the body which legally represents it;

- the details of the User who posted the illegal content;

- a description of the disputed content and its precise location;

- the reasons for which the content must be removed;

- a copy of any correspondence sent to the author of the illegal content.

The User responsible for publishing the disputed content is likely to have his/her account suspended/terminated on the basis of the evidence provided by the reporting party, to ensure that said content is removed, in accordance with A.S.O.'s legal obligations.

The user whose published content is reported will be informed of the suspension and potential termination of their account by email at the address provided. Under no circumstances will they be told the identity of the user who made the report.

A.S.O. stresses that anybody who reports content or activity as being illegal purely for the purpose of ensuring its removal or stopping its circulation, despite knowing that the information is inaccurate, could potentially face up to one year's imprisonment and a 15,000 euro fine (Art. 6. I-4 of the LCEN). Under no circumstances may A.S.O. be held liable to Users whose content has been deleted or rendered inaccessible by such a report.

Furthermore, A.S.O. may suspend/terminate the account of the user who made an unfounded or dishonest report.

 

9.     LINKS TO THIRD PARTY WEBSITES.

 

As a convenience to our members, we may provide links to third-party websites. If you use these links, you will leave the Site. Your dealings with third parties through links to such third-party websites or applications are solely between you and said third party. Unless otherwise explicitly stated, A.S.O. is not responsible for the content, goods or services provided on or through such websites, any updates or changes to such sites, for your use or inability to use such sites, or the privacy or other practices of such sites, and the fact that A.S.O. offers such links does not indicate any approval or endorsement of any material contained on any linked site. The linked sites are not under our control, and we make no representations as to the quality, suitability, functionality or legality of any sites to which we may provide links. A.S.O. expressly disclaims any responsibility for the content, legality, decency or accuracy of any information, and for any products and services, that appear on any third-party website or app. You hereby completely and irrevocably release and forever discharge us from and waive any claim you might have against A.S.O. with respect to such sites.

 

10.  RULES FOR SWEEPSTAKES, CONTESTS AND GAMES.

 

In addition to these Terms and Conditions of Use, any sweepstakes, contests or games made available through the Site may be governed by specific rules that are separate from these Terms and Conditions of Use. A.S.O. recommends that you check contest rules, and in the event of conflict between said rules and these Terms and Conditions of Use, the rules prevail.

 

11.  PREPARATION AND TRAINING ADVICE

 

Event preparation and training advice given on the Site or via other means is provided with the understanding that its content is tailored to (i) your level, calculated using the information and data given during registration and (ii) the targets that you have entered.

It is your responsibility to take the necessary precautions to ensure that you are in good health and that you are physically capable of carrying out the training suggested on the Site. To this end, you acknowledge that it is your sole responsibility to consult a doctor or health professional before taking part in the training given on the Site.

As a general rule, the information contained on the Site does not constitute medical advice and cannot in any way be a substitute for a medical consultation. It is your responsibility to consult a doctor or a qualified health professional if you wish to obtain a diagnosis, a treatment or any other recommendations related to your state of health.

UNDER NO CIRCUMSTANCES SHALL A.S.O. BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES RESULTING FROM THE USE OR APPLICATION OF ITS TRAINING PROGRAMS.

 

12.  In most instances, the ability of A.S.O. to provide services is dependent upon a telecommunications network or the internet, which may not be fully secure, as well as goods and services provided by various other vendors and third parties. A.S.O. does not warrant that your use of the site will be uninterrupted, error-free or secure, that defects will be corrected, that the site or the server(s) on which the site is hosted is free of viruses or other harmful components, that the site will meet your requirements, that the information that may be obtained from the use of the site will be accurate or reliable, or that the quality of any services, information, or other material obtained by you through the site will meet your expectations. You acknowledge that you are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access and use the Site, and all charges related thereto. You assume all responsibility and risk for your use of the site and your reliance thereon. No opinion, advice or statement given by A.S.O., whether made on the Site or otherwise, shall give rise to any warranty.

 

 

13.  LIMITATION OF LIABILITY

 

TO THE GREATEST EXTENT PERMITTED BY LAW, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT NEITHER A.S.O. NOR ANY OF ITS AFFILIATES, SHAREHOLDERS, LICENSORS, SUPPLIERS, ADVERTISERS OR SPONSORS, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE OR WILL BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOSS OF PROFITS), ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR MATERIALS CONTAINED ON THE SITE, ANY LINKED WEBSITE OR ANY PRODUCT OR SERVICE PURCHASED FROM A SELLER THROUGH THE SITE. WITHOUT LIMITING THE FOREGOING, TO THE GREATEST EXTENT PERMITTED BY LAW, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT A.S.O. SHALL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR (I) THE USE OR THE INABILITY TO USE THE SITE, PRODUCTS, SERVICES OR ANY LINKED SITE; (II) THE USE OF YOUR LOGIN DETAILS AND PASSWORD BY A THIRD PARTY (III) THE USE OR IMPLEMENTATION OF ANY TRAINING PROGRAM AVAILABLE ON THE SITE, (IV) ANY TRANSACTION WITH ANY SELLER THROUGH THE SITE AND, MORE GENERALLY, ANY ISSUES RELATING TO GOODS AND SERVICES ORDERED FROM A SELLER, INCLUDING BUT NOT LIMITED TO THE TERMS OF PURCHASE AND REFUND, PAYMENT TERMS, WARRANTIES, GUARANTEES, MAINTENANCE AND DELIVERY, WHICH ONLY CONCERNS YOU AND THE SELLER;  (V) ANY INCIDENTS, INCLUDING BODILY INJURY, RESULTING FROM YOUR PARTICIPATION IN AN EVENT ORGANISED BY A.S.O. EXCEPT IN THE EVENT OF GROSS NEGLIGENCE OR MIDSCONDUCT ON THE PART OF A.S.O. ; (VI) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR ANY LINKED SITE; (VII) ANY FAILURE OF ANOTHER USER OF THE SITE TO COMPLY WITH THE CODE OF CONDUCT AND, MORE BROADLY, TO THESE TERMS AND CONDITIONS OF USE; (VIII) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE; (IX) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES, DEFECTS, DATE BOMBS, TIME BOMBS OR OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY; (X) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY MATERIALS, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY MATERIALS POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SITE; (XI) ANY FAILURE OF A THIRD PARTY EVENT ORGANIZER TO HONOR A REGISTRATION; (XII) THE TRUTH OR ACCURACY OF ANY CONTENT OR EVENT LISTINGS ON THE SITE; (XIII) USE OF A HYPERTEXT LINK TO A THIRD PARTY WEBSITE AND/OR (XIV) ANY OTHER MATTER RELATING TO THE SITE, OR A.S.O. PRODUCTS OR SERVICES.

 

14.  APPLICABLE LAW.

 

The General Terms and Conditions of Use are governed by French law.

In accordance with the provisions of the French Consumer Code regarding the amicable settlement of disputes, A.S.O. is part of the Ombudsman Service (CMAP – Service Médiation de la consommation, 39 avenue Franklin D. Roosevelt - 75008 Paris), contacted on their website via http://www.cmap.fr/offre/un-consommateur .

You can use this mediation service for all consumer disputes related to an order placed with A.S.O. on the Site. In accordance with the rules applicable to mediation, all consumer disputes must be submitted beforehand in writing to A.S.O. Customer Service, 40-42 Quai du Point du Jour, 92100 Boulogne-Billancourt, France.

You should review the Additional Terms and Conditions that may apply with regard to Transactions made with Sellers on the Site.

If the parties fail to reach an amicable settlement, any dispute generated by the Terms and Conditions shall be submitted to the competent civil courts.

 

15.  PRIVACY.

 

We believe that your privacy and the privacy of all our users are important. These Terms and Conditions of Use are subject to the Privacy Policy, which is hereby incorporated by reference. Please carefully review our Privacy Policy. By using the Site, you acknowledge that you have read, and you agree to be bound by the terms of our Privacy Policy.

 

  1. MISCELLANEOUS.

A.S.O. may assign its rights and obligations under these Terms and Conditions of Use. Accordingly, you give your prior consent that A.S.O. may transfer or assign the obligations under these Terms and Conditions to a third party or other legal entity of the group to which A.S.O. belongs. The contract will continue automatically and without formalities between you and the entity that benefited from the transfer or assignment. You may not assign any of your rights or obligations under these Terms and Conditions of Use. Any assignment in violation of these terms is void.

Rights and obligations under these Terms and Conditions of Use which by their nature should survive will remain in full effect after termination or expiration of the Terms and Conditions of Use.

The French language version of each of these documents is the version that governs your use of the Site. In the event of any conflict between the French language version and a translated version, the French language version will prevail.