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RALLY-LIVE.COM : AGREEMENT OF USE
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This Charter defines the general terms and conditions governing use of the web site: http://www.rally-live.com
The Site permits online consultation of information and data on Rally races including news, topics, archives and photos, as well as access to different services.
The Site is published by RACING LIVE (the "PUBLISHER"), whose full details are given in the "Contact" section.
The Charter is supplemented by Special Conditions applicable to other consultation areas concerning the Site and of which it forms an integral part, namely the Community Regulations, Competition Rules for Forecasts and Conditions governing subscription to the SMS services.
1. ACCEPTANCE OF USER'S CHARTER:
On accessing the Site and before consulting or using its services, the user, whether simply an Internet surfer or a registered account holder, subscriber, buyer or participant in the Forecasting competition (the "User"), declares that he or she has read the Charter. The User agrees to be bound by and to fully respect the terms and conditions thereof. The Charter may be modified at any time by the Publisher without prior notice. Users are therefore recommended to read it regularly.
2. PERSONAL DATA - CONFIDENTIALITY:
When completing the registration forms required for the use of Community Services, Webcards, Forecasts, Boutique or SMS News, the User will be required to provide personal data, some of which is compulsory. Failure to provide such information may result in loss of Service.
Furthermore, we may be required to place a "cookie" in your computer. A cookie does not enable you to be identified, but helps you to browse or remember a context (if you wish to personalise web content, pages, remember your choice of currency, or product). This system may, for example, help avoid having to complete forms again on our various Sites. Our cookie expires after a maximum of 6 months.
We inform you that you can stop the placing and storage of cookies, and even delete all the data recorded by using the cookie deletion or filtering functions on your Internet browser. All data will only be collected, stored, processed or used by the Publisher or its subsidiaries for the sole purpose of the provision of its Services.
Pursuant to law no.78-17 of 6th January 1978, the User enjoys the right at any time to access, modify or delete personally identifiable data concerning himself by clicking on "Modify my profile" or sending an e-mail to the webmaster, according to the instructions given in the registration forms concerned.
3. USER'S UNDERTAKING:
3.1
The User undertakes to provide full and accurate information for the purposes of completing subscription and registration forms and to update such information when applicable. The User furthermore undertakes to use the Site and its Services for strictly personal, non-commercial purposes.
3.2
The User is responsible for any content (information, software data, images, sound, messages, etc.) downloaded, displayed or transmitted. Consequently, the User shall refrain from transmitting any content that might constitute, without being limited thereto, incitation to hatred, violence, racism, discrimination, crimes and offences, attacks on privacy, slander or libel, or that may infringe intellectual property rights or any other rights of third parties, or that might mislead other users or violate any one of the provisions of the Charter, or any law or national or international regulations, or more generally that might obstruct or disturb the smooth functioning of the Sites and Services.
It is forbidden to transmit any information containing viruses, or any other content disruptive to the Sites or to third parties, or more generally likely to infringe applicable laws, or interfere with the use or enjoyment of the Services by any other User.
3.3
The User undertakes to guarantee and indemnify the Publisher against any damage or claim by any party that may arise out of the sending, circulation or transmission of content by the User or unauthorised use of the Site or failure to respect the provisions of the Charter.
4. PUBLISHER'S RIGHTS AND LIMITATION OF RESPONSIBILITY:
4.1
The Publisher reserves the right at any time to interrupt or suspend all or part of the Services, or modify, supplement or improve the existing Services to enhance or improve the ease of use without prior notice or obligation to provide any compensation. Notwithstanding the foregoing, any restricted access service offered in addition shall be governed by the Special Conditions subject to prior notification of and acceptance by or on behalf of the User.
Moreover, the Publishers may terminate the right of access in whole or in part, delete the account and password, withdraw any content broadcast and cancel, ipso jure and without compensation or prior notice, any subscription contracted by any User having failed to respect any of the provisions of the Charter.
4.2
Save those guarantees and liabilities contracted specifically by the Publisher in respect of the Special Conditions mentioned in the preamble, the Publisher does not guarantee the conformity of the Site to a specific use or need, nor its functioning free from interruptions, errors, disturbances, viruses or defects of any kind, cases of force majeure, vicarious liability, nor the truthfulness, reliability or accuracy of the information placed online or the quality of the Services, or conformity of the Services or desired results to the User's needs.
4.3
The Publisher may not be held responsible for any direct or indirect damage resulting from the use or inaccessibility of the Site and its Services, especially the default in performance of the Sites and/or software, lost, corrupted data or fraudulent access thereto, defects in User installations, accidental virus transmission, harmful third party behaviour or actions, transactions effected during use of the Sites, loss of profit or data, nor for any direct or indirect damage suffered by any third party as a result of any infringement of their private rights by any content supplied by the Users.
4.4
The Site contains links to other sites published by service providers other than the Publisher, whether for purchasing products or services or for club memberships. These sites are run by third parties, totally distinctly and independently from the Publisher. Having no control whatsoever over the activities, products or services on offer on said sites, the Publisher may in no way be held responsible for their content. Any transactions, correspondence, or operations on third party sites are the sole responsibility of the publishers of the sites concerned.
5. INTELLECTUAL PROPERTY INCORPORATED IN THE SITE:
5.1
The Publisher enjoys intellectual property rights or rights of use or distribution relative to the material contained on the Site, including, but without being limited thereto, domain names, trademarks and logos, graphics and illustrations, images and photographs, articles, editorial content, journalistic magazines, interviews and results of events, databases containing news, as well as specific software developed for use of the Site ("Elements of Intangible Property").
5.2
The User shall refrain from copying, duplicating, extracting, digitising or disassembling onto any medium enabling the reconstitution in part or in whole of the Site's files, altering, selling, republishing, transmitting, distributing on-line or directly or indirectly exploiting for commercial purposes, all or part of the Intangible Elements of the Site, Services or any right of access to the Site.
5.3
The User undertakes to only use the Elements of Intangible Property of the Publisher for private, non-collective and non-exclusive purposes, including the right to copy and store on a stand-alone workstation and reproduce one single copy for mirrored backup or paper printing. This right is individual, non-transferable and reserved for exclusive usage by the User. Unauthorised use of the said Elements shall subject the infringing party to the civil and criminal penalties provided by law.
6. APPLICABLE LAW - SETTLEMENT OF DISPUTES:
The present general terms and conditions of the Charter shall be governed and interpreted by French Law. Any disputes arising out of the interpretation, performance and application of these presents that may not be settled by amicable arrangement shall be referred to the competent courts of Montpellier.
7. MISCELLANEOUS:
The Publisher reserves the right to subcontract or assign to a third party the rights and obligations arising from this agreement.
The Publisher's tolerance of a User's non respect of any of the obligations in the Charter, or its non-application of any legal action to which it is entitled thereunder, may in no way be interpreted as a waiver of its rights.
Should any of the provisions of the Charter be considered unlawful under a present or future law or statute, or by a decision of a court of competent jurisdiction, the said provision shall be deemed unwritten and all the remaining provisions of the Charter shall remain in full force and effect between the parties.
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I.Mode & WAP
