General Conditions of Use

Last Modified: October 14th 2013

Welcome to the BABOLAT VS Play site: www.babolatplay.com is a Site offered by BABOLAT VS France (“Company”, “we” or “us”). The following terms and conditions (together with any documents referred to in them) (collectively, these “General Conditions of Use”) apply to your use of www.babolatplay.com (the “Site”).

Please read these General Conditions of Use carefully before using this Site.

The confidentiality of your personal information is essential; we are determined to protect it.

ARTICLE 1 – DEFINITIONS

The following words and expressions beginning with a capital letter will have the following meanings:
The "Application": is the digital content that BABOLAT VS offers to the User for consultation or download. This software has been developed by BABOLAT VS. This Application supports the Service;
The "Account": is a strictly personal space created by the User when registering on the Site, enabling him to access the Service;
The "Interface": is a remote display making it possible to utilize all of the Product's functions;
The "Smartphone": is a latest-generation intelligent mobile telephone;V
“Personal Data”: is all information concerning the User as a natural or legal person that the User has provided when creating or using their account on the Site and that identifies the User, including name, address, email address, birth date, height, weight, dominant hand, type of user (e.g., player or coach), coach’s name and personal photo;
“PLAY Data” includes all data transmitted from the Product concerning the User, including performance and use data.
The "Product": is the "Tennis Racket", an online or connected object.
The "Service": is (i) the platform allowing access to the Product interface via certain smart phones, or (ii) the platform allowing access to the Product interface via the Site, or (iii) the platform making it possible to obtain software to be integrated into the Product, or (iv) the platform allowing installation of the Product from a computer, or (v) the platform allowing access to the Site;
The "Site": is the Web site http://www.babolatplay.com
The "User" or “You” is the person registered on the Site who uses the Service.

ARTICLE 2 - OBJECT

The object of these General Conditions of Use is to define the modalities used in making the services of the Site available and the conditions of use applicable to each person with an account.

ARTICLE 3 - LEGAL INFORMATION

The Site is edited by the company BABOLAT VS France.
Site editor: BABOLAT VS, a limited liability company ('société anonyme') with a board of directors and a share capital of €1,275,000, having its registered office at 33 quai Paul Sédaillan, 69009 Lyon, France, and being listed in the Commercial and Trade Register of Lyon under number B 552 131 401;

Telephone number: + 33 (0)4 78 69 78 69;
E-mail: supportUK-play@babolat.com
Editorial director: Eric BABOLAT;

Hosted by: RUNISO, 4 rue Nationale, 59100 Roubaix France
OVH, 2 rue Kellermann, 59100 Roubaix, France; Tel.: 08 203 203 63 (only available in France).

Design Agency: Ogilvy One, 32-34 Rue Marbeuf 75008 Paris France, +33-1-4076 2424

Photo credits: BABOLAT VS

ARTICLE 4 – ACCEPTANCE OF THE CONDITIONS OF USE

The object of these General Conditions of Use is to define the conditions for using the Site, which the User agrees to observe when it accesses or use the Site, as well as the Services offered on it. In order to access the Service, the User must register on the Site or Application by creating an Account.
By using this Site, you accept and agree to be bound by these General Conditions of Use and our Privacy Policy, available at http://www.babolat.com incorporated herein by reference. If you do not agree to these General Conditions of Use or the Privacy Policy, you must exit the Site.
Every registration on the Site or Application assumes prior and unreserved consultation and acceptance by the visitor of all of the present General Conditions of Use. If the User does not wish to accept these Conditions of Use, he must refrain from using the Services.
If the User intends to use the range of services offered on the Site or Application, it must expressly accept these General Conditions in the window displayed by ticking the box to indicate its acceptance of these Conditions when connecting to the Site for the first time and prior to using it.
BABOLAT VS reserves the right to modify or amend all or part of the Service's General Conditions of Use at any time without notice.
Use of the Service by the User constitutes full and complete acceptance of any changes made to the present General Conditions of Use.
We may, at any time, revise or modify these General Conditions of Use or impose new conditions for use of this Site, Application or Service. Such changes, revisions or modifications shall be effective immediately upon notice to you, which may be given by any means including, without limitation, posting on the Site, by push notification on the Application or by email. Any use of the Site, Application or Service by you after such notice shall be deemed to constitute acceptance of such changes, revisions or modifications. We may modify this Site and its content or services at any time.

ARTICLE 5 – SITE AND SERVICE CONTENT

The Service enables the User:
• to access the Product Interface via certain Smartphones;
• to access the Product Interface via the Site;
• to obtain Software to use the Product;
• to obtain software enabling installation of the Product from a computer; and
• to access the Site, and, in particular: the tutorials, the community spaces, User support, etc.

The User acknowledges that use of the Service or the Products may require the use of other products or hardware or software, and that the User is responsible for that hardware and software.
The Service and Product to which the User will have access must be used solely for personal, non commercial purposes and must not be subjected to cases of critical use. Determination of critically is left to BABOLAT VS judgment.
At its convenience and without prior notice, BABOLAT VS may modify, add or delete functions of the Service or the Product.
BABOLAT VS reserves the right to correct the Site content at any time and without notification. In addition, BABOLAT VS accepts no liability in the event of delays, errors or omissions in relation of the Site content, nor in the event of interruptions in the availability or the non-availability of the Site or its content.
BABOLAT VS cannot be held liable for the accuracy or the inaccuracy and any associated consequences of information and content provided on the Site by the other Users.

ARTICLE 6 - ACCESS TO THE SERVICE/ELIGIBILITY

Unless otherwise established, the Services are accessible only to corporate bodies or adults. By using this Site, You represent that You are at least eighteen (18) years old.
To access the Service, the User must create – from the Site – an Account protected by a password.
The User is responsible for maintaining the confidentiality of its password and username and limiting access to this information. The User agrees to bear personal responsibility for all activities conducted using its username and password.
If the User suspects that someone else is using or could use its credentials (username and/or password) or its account, it agrees to notify BABOLAT VS immediately. The User also agrees to refrain from using the account or the credentials of another User.
By using the Site, the User declares and guarantees that:
(a) all information relating to its account, which is accessible at all times via the 'My Account' tab, is accurate, a true reflection of reality and complete;
(b) its use of the Site does not violate any laws or regulations in effect in the country where it access the Site.

The registered User must thereafter identify himself in order to access the Service.
To be able to utilize the Service, the User must have a computer or Smartphone connected to the internet. These costs are borne exclusively by the User.

BABOLAT VS cannot be held liable for any access problems associated with the User’s equipment or the failure of his Internet service provider to perform adequately. Therefore, BABOLAT VS declines all liabilities:
• in the event of interruption, bugs or other events rendering the Service unfit for use;
• if the User's computer or Smartphone operating system is incompatible with the Service
• and more generally for any direct or indirect damages, whatever their cause or nature, resulting from use of the Service or the Site.

Except as otherwise provided in these General Conditions of Use, no part of any content on this Site may be copied, downloaded or stored in a retrieval system for any other purpose, nor may it be redistributed for any purpose, without the express written permission of the Company. You understand that we may discontinue, change, or restrict your use of this Site for any reason without notice. BABOLAT VS reserves the right, entirely at its discretion and without prior notice, to temporarily and indefinitely suspend or refuse access to the Service by the User and to delete any of the User-generated content if the latter does not comply with these General Conditions of Use, or for any other reason. In the case of suspension of the Service, even temporary, these General Conditions of Use remain applicable.

ARTICLE 7 - COMMUNITY SERVICES

You are responsible for information, messages and in general any content distributed via the Community such as the BABOLAT VS forum or blog. You agree that by submitting content:
• the content is Your original work, You own the content or You have permission from the owner of the content to submit such content to the Site;
• You will only submit content that complies with applicable law and you will not submit content that (i) is abusive, defamatory, obscene, infringing, threatening, repetitive, or otherwise inappropriate, (ii) violates the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these General Conditions of Use and our Privacy Policy, or (iii) contains any viruses or other software that may adversely affect the operation of another's computer;
• You understand and agree that such content will be deemed non-confidential; and
• You grant to the Company the irrevocable right to use, copy, modify, publish, perform, transmit and display such content via any media for any purpose whatsoever, and waive any legal or equitable rights You may have in such content.

Any content and/or opinions posted to the Site, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity submitting them and do not necessarily reflect the opinions of the Company. We are not responsible, or liable to any third party, for the content or accuracy of any materials posted by You or any other user of the Site.

We have the right to remove or refuse to post any user content for any or no reason in our sole discretion. However, we cannot review all material before it is posted on the Site, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party.

ARTICLE 8 - PROHIBITED USE OF THE SITE

BABOLAT VS accepts no responsibility for either the content distributed by the Users or the propositions put forward on the Site and cannot be held liable in particular for content being distributed by a User that may contravene the rights of one or more other Users or third parties, in which case BABOLAT VS would provide evidence that it had not been notified by a User or a third party or that it could not have had actual prior knowledge or that it had not failed in its contractual obligations.
BABOLAT VS reserves the right to immediately delete without notification any content that the Users publish on the Site that violates the rights of other Users and/or third parties and/or laws and regulations that are in effect.
The User agrees not to use the Site to:
- publish or disseminate content that is graphic, inappropriate, obscene, threatening, abusive, violent, vulgar, racist, harmful, libellous, or deceitful; that is intended to harass, threaten or embarrass; that is pornographic or child pornographic in nature; that attempts to justify crimes against humanity; that has the potential to incite racial hatred or violence or to infringe on the human dignity or private life of another person; or that contravenes the laws in effect;
- transmit a computer virus, worm, Trojan horse, logic bomb or any other type of malicious file, software or code that is designed to limit, damage, interrupt, suspend or destroy the functionality of any computer or telecommunication equipment;
- refer or provide access to sites that are not in compliance with these General Conditions of Use;
- access, use or attempt to use the account, username or password of another User or to assume the identity of another User in any way whatsoever;
- impersonate someone else, another user or an employee or representative of BABOLAT VS; to suggest that its statements or comments are endorsed or approved by BABOLAT VS; to use the Site to send or transmit any content that could harm or damage the reputation of BABOLAT VS or its subsidiaries in any way whatsoever;
- perform any of the following operations when accessing and using the site: requesting or in any event attempting to collect, obtain or store personal data, passwords, account information or any other type of information related to other users.;
- conceal the origin of communications;
- use search tools for data mining, bots or any similar tool whatsoever to collect and extract data related to the Site;
- limit, suspend or prevent anyone from using or accessing the Site or to interrupt access to the Site, which includes but is not limited to acting in any way;
- interfere with or disrupt the operation of the Service, servers or network connections to the Site;
- contravene the requirements, procedures, policies or regulations relating to the networks connected to the Site;
- edit, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any part of the Site;
- make unauthorised attempts to access the Site (or any part thereof);
- distribute Content in violation of third-party intellectual party rights;
- violate, in any way whatsoever, the third-party rights or laws and regulations in effect; and
- take any action that imposes or may impose (in the Company’s sole discretion) an unreasonable or disproportionately large load on the Company’s infrastructure, or damage or interfere with the proper working of the Company’s infrastructure.

The User undertakes not to modify the software supplied, where appropriate, by BABOLAT VS in order to access the Service, and not to use modified version of this software and in general not to access it illegally and if not expressly authorized by BABOLAT VS.
Non-compliance with the obligations of the User, as defined, constitutes a serious breach of his or her obligations by the User in question. Without prejudice to the provisions of the article on 'Termination of your account', BABOLAT VS may deactivate the User account in the event of any breach of one or more of these obligations.

ARTICLE 9 - INTELLECTUAL PROPERTY RIGHTS

All elements, including but not limited to data, information, text, files, animated/non-animated images, photos, videos, logos, drawings, trademarks, models, software available on the Site or as part of the Services of BABOLAT VS are the exclusive property of BABOLAT VS or its licensors. The Site and the Elements are specifically protected under French and international intellectual property law (copyright and trademark law in particular).
Therefore, the User, or a third party, is prohibited from reproducing, representing, distributing, marketing, modifying, utilizing or assigning all or part of any of the reserved elements reproduced on the Site without the BABOLAT VS’s prior consent.
Nothing contained in this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right in and to the Trademarks. Any unlawful use of all or part of the Site may give rise to criminal prosecution.

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ARTICLE 10 - USER’S RESPONSIBILITIES

The User undertakes to indemnify BABOLAT VS, its subsidiaries or affiliated companies, and their officers, directors, employees and agents or any person involved in the creation, production or provision of the Site against any losses, damages and/or direct injury related to its use of the Site in violation of these Conditions.

ARTICLE 11 – INFORMATION TECHNOLOGY, DATA FILES AND CIVIL LIBERTIES

The Personal Data that the User provides is intended for use by Babolat VS and Ogilvy, the Design Agency, to the extent strictly necessary for the operation of the Site.
The Personal Data is collected and processed for the following purposes: provision of the Services to the Users concerned (e-mails containing BABOLAT VS commercial information in particular), the User’s participation in the online forum, downloading of Media Library Content... etc.
Every precaution has been taken to secure our database environment that is used to store Users data. The Users personal data will not be made available, transmitted or sold to or exchanged with third parties, except in the cases outlined below which are subject to the user being given prior notification and not raising an objection.
The User accepts and gives its express consent for BABOLAT VS to access and retain the data and information on its User profile and/or relating to its account and, where applicable, to disclose it (including the content) if required to do so by any judicial or administrative authority or if accessing, retaining and disclosing this data and information was reasonably necessary for BABOLAT VS to meet its legal obligations, implement these Conditions, defend its interests and respond to third-party claims.
Pursuant to the provisions of Act No. 78-17 of 6 January 1978 on Information Technology, Data Files and Civil Liberties, as amended, the User have the right to access, modify, correct and delete their Personal Data and the right to prohibit certain uses of their Personal Data. The user can exercise these rights by submitting a request in writing, specifying its user credentials, to: BABOLAT VS, 33 quai Paul Sédaillan, 69009 Lyon, France.
BABOLAT VS uses cookies to collect information that identifies the User when he or she is using the Site as a means of avoiding the manual loading of this information for each page viewed. Moreover, these cookies are required for BABOLAT VS to provide its services. However, the User has the option to block the use of cookies by changing the settings for its web browser. For further information, consult the tips on changing these settings (according to the web browser used), presented in the 'Your digital footprint' section on the CNIL Site (www.cnil.fr).
Any and all PLAY Data is subject, whether in whole or in part, to unlimited commercial, non-commercial and/or promotional use by BABOLAT VS. User hereby grants to BABOLAT VS a worldwide, irrevocable, perpetual, non-exclusive, transferable, fully paid-up and royalty-free license, (with the right to sublicense), to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit PLAY Data User transmits or submits from the Product. BABOLAT VS retains the right to share PLAY data with its Partners, affiliates and other organizations, including Federations and/or the media. Any PLAY data that is disclosed will not include the Users’ Personal Data.

ARTICLE 12 - DISCLAIMER OF WARRANTIES

THIS SITE, ITS CONTENT AND ANY SERVICES OBTAINED THROUGH THE SITE ARE PROVIDED TO THE USER ON AN "AS IS" "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, AND BABOLAT VS HEREBY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. NEITHER BABOLAT VS NOR ANY PERSON ASSOCIATED WITH BABOLAT VS MAKES ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE, ITS CONTENT OR ANY APPLICATION AND/OR SERVICES OBTAINED THROUGH THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER BABOLAT VS NOR ANYONE ASSOCIATED WITH BABOLAT VS REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT OR ANY SERVICES OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE, ITS CONTENT OR ANY SERVICES OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
The above exclusions may not apply in jurisdictions that do not allow the exclusion of certain implied warranties.

ARTICLE 13 – LIABILITY OF BABOLAT VS

The User expressly acknowledges and accepts that BABOLAT VS:

• may temporarily or occasionally interrupt the Service in order to perform maintenance or update operations, without this in any way making BABOLAT VS liable;
• may in no case be held liable for any damage whatsoever, whether caused directly or indirectly by its services;
• May in no case be held liable for damage to and losses of data suffered by the User. It is therefore up to the User to take all appropriate measures to protect his own data or software from the contamination of his hardware by any viruses circulating on the Internet;
• May in no case be held liable for damages and injury resulting from violation by Users of the rules applying to the community Services (see Article 9).

IN NO EVENT WILL BABOLAT VS, ITS LICENSORS OR CONTENT PROVIDERS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY CONTENT ON THE SITE OR ANY SERVICES OBTAINED THROUGH THE SITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. USE OF THE SITE, ITS CONTENT AND ANY SERVICES OBTAINED THROUGH THE SITE IS AT YOUR SOLE RISK.

The above exclusions may not apply in jurisdictions that do not allow the exclusion of certain implied Liability.
Wherever possible, BABOLAT VS will make every effort to guarantee that the Elements provided by BABOLAT VS on this Site are accurate, complete and up-to-date. Despite the efforts of BABOLAT VS, the information presented on the Site may sometimes be inaccurate, incomplete or obsolete. BABOLAT VS will make every effort possible to accurately present the characteristics of its products and application. BABOLAT VS may also modify the information presented on the Site.

ARTICLE 14 – DEACTIVATION OF THE USER ACCOUNT

The user may deactivate its account at anytime by using the contact form on the Site. On receipt of its request to this effect, BABOLAT VS will deactivate its account without delay, subject to the time reasonably required for the BABOLAT VS teams to implement the deactivation. The User also acknowledges and accepts that BABOLAT VS can immediately terminate its contract with BABOLAT VS as well as delete its account and all of its content:
- if it fails to observe these Conditions and, more specifically, if it publishes content that violates these General Conditions of Use, and if it violates the intellectual property rights of BABOLAT VS or third parties;
- if ordered to do so by judicial or administrative authorities as permitted within applicable law;
- if it engages in fraudulent or illegal activities via the Site.

On termination of these General Conditions of Use, BABOLAT VS will delete all access to the User account and its content; delete its usernames and passwords, as well as all information associated with its account (except as required to meet its legal obligations and for archive purposes).
Unless decided otherwise by BABOLAT VS, the content that the User have posted on the Site will remain accessible, on the understanding that it will not contain any personal data that could be used to identify the User.
Furthermore, The User acknowledges that if its account is terminated for cause, neither BABOLAT VS nor any third party can be held liable for this termination.

On termination of these General Conditions of Use, BABOLAT VS will delete all access to the User account and its content; delete its usernames and passwords, as well as all information associated with its account (except as required to meet its legal obligations and for archive purposes).
Unless decided otherwise by BABOLAT VS, the content that the User have posted on the Site will remain accessible, on the understanding that it will not contain any personal data that could be used to identify the User.
Furthermore, The User acknowledges that if its account is terminated for cause, neither BABOLAT VS nor any third party can be held liable for this termination.

ARTICLE 15 – EVIDENCE

Computerised records and files stored in the computer systems of BABOLAT VS under reasonable conditions as regards security and reliability are considered evidence of the relationship and communication between the User and BABOLAT VS.

Consequently, it is agreed that, barring any manifest error, BABOLAT VS may avail itself of any element of a computer or digital nature or format created, received or retained directly or indirectly by BABOLAT VS (in its computer systems in particular) and especially as evidence of any action, circumstance or omission.

These elements serve thus as evidence and, if BABOLAT VS produces them as evidence in legal proceedings or otherwise, they will be admissible, valid and binding on each of the parties in the same way, under the same conditions and with the same effect as conclusive evidence as any document created, received or retained in writing.

ARTICLE 16 - APPLICABLE LAW AND JURISDICTION

These Conditions of Use and any dispute or claim arising out of or related to these General Conditions of Use, their subject matter or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with French law without giving effect to any choice or conflict of law provision or rule, with French serving as the language of interpretation. Any legal suit, action or proceeding arising out of or related to these General Conditions of Use or the Site shall be instituted exclusively in the competent court in Lyon, France. You agree to waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such court.

These provisions are not intended to apply to any legal dispute that may arise between The User and another User of the Site and services.

ARTICLE 17 - FORCE MAJEURE

The liability of BABOLAT VS cannot be invoked in the event of force majeure or events beyond its control.

ARTICLE 18 - TERM

This contract is entered into from the time when the User starts to use the Site and through the entire period that the User uses the Site and for an additional five (5) years.

ARTICLE 19 - VIOLATIONS

BABOLAT VS reserves the right to seek all remedies available at law and in equity for violations of these Conditions of Use, including without limitation the right to block access from a particular Internet address to the Site and to refer any illegal or unauthorized use of the Site to law enforcement.

ARTICLE 20 - WAIVER AND SEVERABILITY

No waiver of these General Conditions of Use by the Company shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure of the Company to assert a right or provision under these General Conditions of Use shall not constitute a waiver of such right or provision.

If any provision of these General Conditions of Use is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these General Conditions of Use will continue in full force and effect.

ARTICLE 21 - ENTIRE AGREEMENT

The General Conditions of Use and our Privacy Policy constitute the sole and entire agreement between You and the Company with respect to the Site and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Site.

QUESTIONS AND CONCERNS

If you have any questions or comments about these General Conditions of Use or this Site, please contact us by email at supportUK-play@babolat.com or write to us at: 33 quai Paul Sédaillan, 69009 Lyon, France