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Terms of Use

TERMS OF USE

This website is operated in France. Its use is governed by French law.

 

PLEASE READ THE FOLLOWING GENERAL TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE

 

Any use of this website (referred to hereinafter as the “Website”), including simply visiting the Website, is subject to the following general terms and conditions of use (referred to hereinafter as the “Terms and Conditions”). Please read these terms carefully before continuing to use the Website.

 

1. ACCESSING THE WEBSITE

Accessing or using this Website, even without registration, implies acceptance on the part of the user (referred to hereinafter as the “User” or “You”) to the following Terms and Conditions. If You do not accept the Terms and Conditions, You must exit the Website immediately.

 

Your use of the Website is subject to the latest version of the Terms and Conditions. Guillemot reserves the right to update the Terms and Conditions at any time without prior notice to You. It is therefore your responsibility to regularly consult the Terms and Conditions in order to ensure that You are aware of any changes which may have been made. The latest version of the Terms and Conditions can be viewed by clicking the “Terms of use” link located at the bottom of each page of the Website. In addition, when accessing specific areas or resources of the Website, You must respect the rules and directives of the Website displayed, applicable to these areas or resources, which may contain specific terms of use, and which in that case are thereby incorporated into these Terms and Conditions.

 

Any commercial use, reproduction, distribution or transmission of all or part of this Website or of any information contained therein, by any means whatsoever, without the prior written permission of Guillemot Corporation S.A. is strictly prohibited.

 

2. WEBSITE OWNERSHIP

The Website belongs to Guillemot Corporation S.A. (hereinafter “Guillemot”).

 

3. INTELLECTUAL PROPERTY RIGHTS: LIMITED LICENSE

Guillemot grants You access to various audiovisual contents and resources (referred to hereinafter as the “Material” or “Materials”): for example, documents, information, images, videos, sounds, photos, software, texts and databases.

Every element of the Website, whether it is protected by a law relating to intellectual property (copyright, copyright performance rights, rights of database producers, design rights, trademark rights, etc.), or protected by another law, is the property of Guillemot or, as the case may be, of its respective licensor and/or owner.

Except as expressly provided herein or on the Website, the User is granted a license limited to viewing on the screen of a personal computer and printing on paper the contents of the Website for their own personal and non-commercial use only, and, where a Material on the Website is specifically mentioned as being available for download, to downloading this Material onto a single personal computer for personal and non-commercial use only, subject to the condition that the copyrights, brands and other notices of ownership remain intact. The granting of this limited license is conditional upon your agreement to and compliance with the Terms and Conditions. Any other use of the Materials contained on the Website, including, but not limited to, any reproduction, modification, distribution, or republication, without the prior express written consent of Guillemot is strictly prohibited, and is a violation of the property rights of Guillemot, of its licensor and/or of the respective owners of rights to the Materials, as the case may be. The use of Guillemot’s Materials on another website, or publication of the same, without the prior express written consent of Guillemot is strictly prohibited and is a violation of Guillemot’s intellectual property rights.

Except as expressly provided herein, Guillemot does not grant any express or implied right to You under any patents, copyrights, trademarks or confidential information with respect to the Materials.

In addition, You agree not to use (other than to the extent permitted by applicable law) any Materials (of whatever nature) available on or capable of being downloaded from the Website to develop, design, produce, manufacture, sell and/or distribute any products of whatever nature, nor will You permit any third party to engage in any of the abovementioned activities.

You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software or any other element obtained from the Website.

 

4. NOTICE SPECIFIC TO CERTAIN MATERIALS

 

AUDIO AND VIDEO ELEMENTS

The Website may contain audio and/or video elements, some of which may be subject to specific licenses. In that case, You agree to respect the terms of these licenses.

 

5. BECOMING A MEMBER OF THE VIP COMMUNITY/MEMBER ACCOUNT

Subject to compliance with the Terms and Conditions, a User may register in order to acquire (in addition to User status) the status of Member of the Website’s VIP community and thereby gain access to certain areas, advantages or functionalities of the Website.

In order to become a Member of the Website’s VIP Community, the User must own a THRUSTMASTER brand product licensed by FERRARI, and complete a registration request form. To do so, the User must enter his or her username (an email address) which will serve as identification on the Website, indicate his or her family name and given name, date of birth, email address, country of residence, and language, as well as the name or names of the THRUSTMASTER brand products licensed by FERRARI that he or she owns (using a drop-down list), along with the limited edition number or numbers, if any of the products is a limited edition issue.

The User’s username must comply with applicable legislation and must, in particular, respect an orderly code of conduct, as well as good manners.

You certify that the information relating to your identity (family name and given name) is accurate.

Registration by any person aged less than 16 years old is not permitted. By using the Website or registering as part of the Website’s VIP Community, You certify that You are at least 16 years old.

Minors must have the consent of their legal representative (parent or guardian) in order to register on the Website.

You are fully responsible for all activities carried out within the context of your account (including but not limited to your username, the contents of your messages...) and for any claims or complaints arising from your account.

You are fully responsible for your password and for keeping it confidential.

After having validated your registration request, You will receive an email verifying your email address and activating your registration. You must activate your account in order for your registration in the Website’s VIP community to take effect. You only become a Member of this community upon activation of your account. Only one member account is authorized per email address.

As a Member of the Website’s VIP community, will have access to the bug reporting form.

 

6. DISCLAIMER

THIS WEBSITE AND ITS CONTENTS ARE PROVIDED “AS IS” AND WITHOUT ANY OTHER RESPONSIBILITY OR GUARANTEE, EITHER EXPRESS OR IMPLIED (WHETHER IMPLIED BY LAW, CUSTOM OR OTHERWISE). GUILLEMOT, ITS SUBSIDIARIES AND THE MODERATORS OF THE WEBSITE DISCLAIM ALL RESPONSIBILITY AND ALL GUARANTEES, INCLUDING BUT NOT LIMITED TO REGARDING USER SATISFACTION, THE QUALITY OF THE WEBSITE, ITS MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OWNERSHIP AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, TO THE FULLEST EXTENT PERMITTED BY LAW.

MOREOVER, GUILLEMOT, ITS SUBSIDIARIES AND THE MODERATORS OF THE WEBSITE PROVIDE NO GUARANTEE THAT THE INFORMATION AND/OR DOCUMENTS ACCESSIBLE VIA THE WEBSITE ARE ACCURATE, COMPLETE OR UP TO DATE, NOR THAT THE WEBSITE WILL BE FREE FROM DEFECTS INCLUDING, BUT NOT LIMITED TO, VIRUSES OR OTHER ELEMENTS HARMFUL TO THE USER. THE USER ASSUMES ALL RISKS AND DANGERS RESULTING FROM USE OF THE WEBSITE.

 

7. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER THE MODERATORS OF THE WEBSITE, NOR GUILLEMOT, NOR ITS SUBSIDIARIES, NOR ANY OF THEIR RESPECTIVE DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES OR OTHER REPRESENTATIVES SHALL BE LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM THE USE OF, OR THE INABILITY TO USE, THE WEBSITE, OR AREAS, MATERIALS AND/OR FUNCTIONALITIES OF THE WEBSITE INCLUDING, BUT NOT LIMITED TO, ANY INDIRECT LOSS OR DAMAGE, LOSS OF DATA, INCOME, PROFIT OR OPPORTUNITY, ANY MATERIAL LOSS OR DAMAGE, AND ANY THIRD PARTY CLAIMS, EVEN IF GUILLEMOT OR ANY OF ITS SUBSIDIARIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE AND/OR SUCH LOSS OR DAMAGE WAS REASONABLY FORESEEABLE.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF GUILLEMOT TOWARD YOU FOR ANY DAMAGE, ANY LOSS AND ANY CLAIM OR OTHERWISE, WHETHER THIS LIABILITY RELATES TO CIVIL CONTRACTUAL LIABILITY, CIVIL LIABILITY IN TORT OR ANY OTHER SCOPE OF LIABILITY, WHATEVER THE AMOUNT OF THE DAMAGE, INCLUDING, BUT NOT LIMITED TO, IN THE EVENT OF NEGLIGENCE, SHALL NOT EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEBSITE.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF GUILLEMOT’S SUBSIDIARIES TOWARD YOU FOR ANY DAMAGE, ANY LOSS AND ANY CLAIM OR OTHERWISE, WHETHER THIS LIABILITY RELATES TO CIVIL CONTRACTUAL LIABILITY, CIVIL LIABILITY IN TORT OR ANY OTHER SCOPE OF LIABILITY, WHATEVER THE AMOUNT OF THE DAMAGE, INCLUDING, BUT NOT LIMITED TO, IN THE EVENT OF NEGLIGENCE, SHALL NOT EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEBSITE.

 

8. INDEMNITY

YOU AGREE TO DEFEND, ABSOLVE OF ANY RESPONSIBILITY AND INDEMNIFY GUILLEMOT AND ITS SUBSIDIARIES, ITS SUPPLIERS AND ALL OF THEIR RESPECTIVE AGENTS, DIRECTORS, EXECUTIVE MANAGEMENT, EMPLOYEES, CONTENT SUPPLIERS, SERVICE PROVIDERS, LICENSORS, AND ALL OTHER RELATED PARTIES (THE “INDEMNIFIED PARTIES”), AGAINST ANY AND ALL EXPENSES AND COSTS, INCLUDING, WITHOUT LIMITATION, REASONABLE LEGAL FEES AND EXPENSES INCURRED BY THE INDEMNIFIED PARTIES IN CONNECTION WITH ANY CLAIM OR DEMAND RESULTING FROM OR RELATED TO YOUR USE OF THE WEBSITE, OR YOUR BREACHING OF THE TERMS AND CONDITIONS ON YOUR OWN INITIATIVE. YOU WILL ASSIST AND CO-OPERATE AS FULLY AS IS REASONABLY REQUIRED BY THE INDEMNIFIED PARTIES IN THE DEFENSE OF ANY SUCH CLAIM OR DEMAND.

 

9. PERSONAL INFORMATION PRIVACY

Guillemot collects, uses, and discloses your personal information in accordance with the terms set out in the Website’s Privacy Policy. This Privacy Policy is accessible and may be consulted by clicking the “Legal information” link located at the bottom of each page of the Website. Guillemot may modify the Privacy Policy at any time and at its sole discretion.

 

10. UNSOLICITED COMMUNICATIONS POLICY

Please do not communicate any unsolicited ideas, suggestions or other elements which are protected or which may be protected by an intellectual property right to Guillemot or to the Website. Guillemot does not accept or consider unsolicited ideas, including, but not limited to, ideas for new advertising campaigns, marketing plans, promotions, the creation or improvement of new goods, products, services or technologies, processes, names, samples, demos, images, photographs or drawings (referred to hereinafter individually as a “Communication” and collectively as the “Communications”). The purpose of this policy is to avoid any potential misunderstandings or disputes.

If, despite our request, You submit Communications to Guillemot or to the Website, You automatically grant (or warrant that the owner of the Communications grants) to Guillemot and its assigns a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, worldwide, transferable, sub-licensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, execute, display and otherwise exploit the Communications or any ideas, techniques, concepts or know-how associated with the Communications for any purpose whatsoever, commercial or otherwise, in any form (via technology or platforms currently known or later developed), without providing compensation to You or any other person, without any liability whatsoever on the part of Guillemot and its assigns, and free from any obligation of confidentiality or other duties on the part of Guillemot. You agree, declare and warrant that all moral rights in and to the Communications are waived in favor of Guillemot and its assigns. Guillemot is not bound by a confidentiality clause and therefore provides no assurances that your Communication will be treated as confidential.

 

11. TERMINATION

Should You breach any of the provisions of the Terms and Conditions or of the Privacy Policy, your authorization to use this Website is automatically terminated and You must destroy any Materials downloaded or printed from the Website.

Guillemot may, at its sole discretion, modify, suspend or terminate, whether temporarily or permanently, the Website or any part of it or any of its features at any time, for any reason, without any notice or liability to You or to any third party.

Guillemot may at any time and for any reason, with or without cause, and at its sole discretion, immediately suspend or terminate (in whole or in part) your permission to use the Website, without any notice or liability to You or to any third party.

If these Terms and Conditions or your right to use the Website is terminated by You or by Guillemot for any reason, then: (a) these Terms and Conditions, connected with or arising from your use of the Website, will nevertheless continue to apply and be binding upon You with respect to your prior use of the Website and its contents; and (b) Guillemot may continue to use and disclose your personal information in accordance with the latest version of the Website’s Privacy Policy.

Sections 6, 7, 8, 10, 11, 12, 13, 14 and 15 continue to apply following termination of these Terms and Conditions.

 

12. THIRD PARTY SITES

The Website may include advertisements for, and links to, other Internet sites or resources and businesses operated or controlled by third parties (collectively “Third Party Sites”). Third Party Sites are independent of Guillemot, and Guillemot has no responsibility or control over Third Party Sites, their activities, goods, services, contents, links, webcasting or any other form of transmission, nor 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 on the part of Guillemot. Your use of Third Party Sites and your dealings with the owners or operators of Third Party Sites is at your own risk. Guillemot shall not be held responsible for your use of any Third Party Sites, nor for your dealings with the owners or operators of any Third Party Sites.

 

13. LINKING, FRAMING AND MIRRORING THE WEBSITE

Creating deep links to the Website ("deep linking") without the express written consent of Guillemot is strictly prohibited. Guillemot reserves the right to cancel and revoke any permission it may give to link to the Website (whatever the type of link) at any time, for any reason, without any prior notice, and without any liability to You or to any third party. Framing of the Website or any of its contents in any form and by any method is strictly prohibited. Mirroring of the Website or any of its contents in any form and by any method is strictly prohibited.

 

14. GOVERNING LAW

Guillemot and its subsidiaries disclaim all representations and guarantees that the Materials and/or documents, functionalities or benefits offered on the Website are available for use in other countries, or that they comply with any legal or regulatory requirements of these other countries. Anyone choosing to access the Website does so at their own risk and on their own initiative and is responsible for compliance with applicable local laws.

The interpretation and execution of the Terms and Conditions shall be governed by French law. In the event of a dispute regarding the Terms and Conditions, the User grants exclusive jurisdiction to French courts. By using the Website, the User grants non-exclusive jurisdiction to these courts and waives any objections to the jurisdiction of such courts.

 

15. VARIOUS CLAUSES

Guillemot reserves the right to make available to You a translation of these Terms and Conditions. In the event of a discrepancy between the Terms and Conditions in French and the translated text of the Terms and Conditions, the French version shall take precedence over any other version.

Should a court of competent jurisdiction find any of the clauses of the Terms and Conditions to be void or non-applicable for any reason, then such clause or clauses shall be ineffective to the extent of the court’s findings, without affecting the validity and enforceability of the remaining clauses.

 

Thank you for reading these Terms and Conditions.