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General Conditions of Use

The website https://weraceforchange-challenge.com is published by the company MANUFACTURE FRANCAISE DES PNEUMATIQUES MICHELIN whose registered office is located at 23 Places des Carmes Dechaux 63000 Clermont-Ferrand and registered in the Clermont-Ferrand Trade and Companies Register under number 855200507 (hereinafter referred to as "Publisher").

ARTICLE 1 - SCOPE AND ACCEPTANCE OF THE GENERAL CONDITIONS OF USE OF THE SITE'S SERVICES

The present General Conditions of Use (hereinafter referred to as "GCU") are in French language (and translate in English) and are intended to determine the rules of access to the site https://weraceforchange-challenge.com (hereinafter referred to as the "Site") and use of the services offered by the Site (hereinafter the “Services”), which the User acknowledges having read and accepted, without reservation, by the mere fact of his connection to the Site.

The https://weraceforchange-challenge.com Site is a platform allowing the organization of video game competitions composed of one or several eSport tournaments which can be punctually administered and/or organized by other companies contractually linked with the Publisher.

The Services offered by the Site are the following:

  • Information on eSport competitions organized online by MANUFACTURE FRANCAISE DES PNEUMATIQUES MICHELIN and its partners;
  • Creation of a player account (hereinafter the "Player Account") allowing access to the following services: registration for competitions and tournaments, monitoring of their participation, monitoring of competition results

This list is not exhaustive and may be modified at any time by the Publisher without its responsibility being engaged for this reason.

The Publisher is the only one authorized to define the conditions of avaibility of the public, for using and consulting any information which it integrates and fixes the databases implemented by the system of automated treatment ensuring the edition of the online service.

The term “User” refers to any person who has access to the Site, regardless their status (individual or professional), the place where they are located, the methods of connection to the Site, and the purpose and aim of their access to the Site.

The User may not claim any difficulty in accessing the Site to access the information it contains if he does not comply with these GCU.

In order to be taken into account, the User's complaints must be sent to the Publisher by post only in the form of a registered letter with acknowledgment of receipt to the following address: MANUFACTURE FRANCAISE DES PNEUMATIQUES MICHELIN, 23 Places des Carmes Dechaux 63000 Clermont-Ferrand.

ARTICLE 2 - TERMS OF REGISTRATION AND ACCESS TO SERVICES.

2.1 Creation of a Player Account

In order to benefit from some of the Services offered by the Site, the User must first have a Player Account or create an account on the Site if the User does not have one.

When creating a Player Account, the User must provide mandatory information (last name, first name, date of birth, country of residence, email address, password, user name) concerning him and in particular data relating to his marital status.

Users under the age of 15 can only register with the consent of their legal representative.

The User will receive an email at the address provided, confirming his registration.

When registering on the Site, the User undertakes to provide complete, accurate and correct information and, in the event of modification of all or part of this information, to update it immediately. In this respect, the User must not:

  • Provide inaccurate personal data about him;
  • Create an account for a third party without their permission;
  • Provide an pseudonym with pornographic, promotional, personal information, offensive, denigrating, defamatory, abusive or discriminatory character;
  • Usurp the identity a third party by using, for example, their username, pseudonym, profile picture;
  • Provide information, identifiers, a pseudonym infringing the rights of third parties (in particular the use in the e-mail address communicated or in the pseudonym, last name, the brand name of another person or elements of work protected by intellectual property law or image rigths, etc.) or contrary to public order.

LThe User must also have accepted the current version of these GCU. He can also accept to receive offers and news from the Publisher if he made the choice when registering .

Each time the User connects to his Player Account, the User must enter his username and password.

The Publisher reserves the right not to create or delete any incomplete Player Account that is incomplete, does not comply with these requirements or generally contravenes the provision of the GCU, resulting in the immediate elimination of the User from any tournament in which he is registered.

Each User can only hold one Player Account on the Site. The Player Account cannot be transmitted, by any means whatsoever, to a third party.

The information, password and identifiers are strictly personal, confidential and under the responsibility of the User. Any connection to the Player Account and/or transmission of data on the Site using a Player Account will be presumed to have been made by the holder of said Player Account and under his exclusive responsibility.

In case of fraudulent use, loss, destruction or theft of a User's identifiers, the User must modify them as soon as possible in his Player Account.

The Publisher cannot be held responsible for the consequences of this fraudulent use, loss, destruction or theft.

For more information on the different processing of personal data, see the section relating to personal data of these GCU.

2.2 Deleting a Player Account

The User may delete his Player Account by sending a request to: esport@gozulting.com

In case of prolonged inactivity of the User on his Player Account, characterized by the absence of the User's connection to his Account for more than twelve (12) months, the Player Account will be automatically terminated. The Publisher will inform the User by email of the termination and the reason for this termination.

The User's personal data will be kept for a period defined in Article 8 – Personal data of these GCU.

2.3 Registration for tournaments

Registration for tournaments offered on the site https://weraceforchange-challenge.com is subject to the General Conditions of Participation which appear in the “GCP” section of the Site. Each tournament is also subject to a set of rules that detail all the rules of the game, including the terms and conditions for obtaining prizes if any.

ARTICLE 3 - USES OF THE SITE

The Site and the information published on it are reserved:

  • To the consultation of information by means of the Publisher's automated data processing system
  • For uses strictly reserved for the private and non-commercial use of the User and not intended for collective use, whether free or paid

The creation of links pointing exclusively to the home page of the Site is tolerated insofar as they can only be opened in a new browser window. In any case, the Publisher reserves the right to put an end to this tolerance at any time if it seems to him that the link established with the Site is likely to damage the interests of the latter.

The Site cannot be used, in application of French law, to convey racist, violent, xenophobic, malicious, obscene or even illicit statements.

By using this site, the User agrees not to :

  • Disseminate content that is contrary to public order, prejudicial, defamatory, unauthorized, malicious, inciting violence, hatred, infringing on privacy, image rights, intellectual property rights, or more generally to any third-party rights;
  • Use the Site for political, propaganda or proselytizing purposes
  • Publish commercial, advertising or promotional content;
  • Disseminate information or content likely to offend the sensibilities of third parties, especially the youngest;
  • Carry out illegal activities, including infringement of rights to software trademarks, photographs, images, texts, videos, etc. ;
  • Disseminate content that damages the reputation or image of MANUFACTURE FRANCAISE DES PNEUMATIQUES MICHELIN;
  • Disseminate content that disrupts the running and operation of the Site.

This list is by no means exhaustive.

The User may report to the Publisher any harmful behavior or content by written request sent by post addressed to: MANUFACTURE FRANCAISE DES PNEUMATIQUES MICHELIN, 23 Places des Carmes Dechaux 63000 Clermont-Ferrand .

The User's written request must allow the Publisher to identify the illicit content and the access path to this content. His request must therefore contain the following elements:

  • His Last names, first names and postal address;
  • The copy of the contents which seem litigious as well as the URL address of the concerned page
  • The reasons why the User thinks that the contentious content should be removed, as well as the applicable texts in the matter;
  • Any element that could identify the content and qualify it as illegal.

MANUFACTURE FRANCAISE DES PNEUMATIQUES MICHELIN undertakes to promptly remove any illegal content as soon as it becomes aware of it.

MANUFACTURE FRANCAISE DES PNEUMATIQUES MICHELIN may at any time, at its sole discretion and without prior notice, accept or refuse to disseminate, move or delete information and/or content from the Site, in whole or in part, transmitted or not by the User.

MANUFACTURE FRANCAISE DES PNEUMATIQUES MICHELIN also reserves the right to terminate the User's access to the Site and any of its Services (Player Account, Competitions, etc.), at any time, in case of breach of one of the essential obligations arising from the law in force and from these GCU for whatever reason.

MANUFACTURE FRANCAISE DES PNEUMATIQUES MICHELIN holds and retains all data likely to identify of the authors of the content and proceeds to the private archiving of the messages posted.

MANUFACTURE FRANCAISE DES PNEUMATIQUES MICHELIN reserves the right at any time to disclose information it deems necessary to comply with any a law, regulation, legal process, or Government request.

ARTICLE 4 - LIMITATION OF LIABILITY

The Publisher makes every effort to ensure to the best of its ability, the accuracy and updating of the information published on the Site, the content of which it reserves the right to correct at any time and without notice. However, the Publisher cannot guarantee the accuracy, precision or completeness of the information made available on the Site.

The Site and the associated Services are in principle continuously available, except in case of interruption, scheduled or not, or to ensure their maintenance, or in case of interruption by case of force majeure. The Publisher cannot be held responsible for any damage, any interruption, partial or total, whatever the nature, resulting from unavailability even partial of the Site and the associated Services.

Consequently, the Publisher declines all responsibility for:

  • any interruption of the Site;
  • any occurrence of errors or malfunctions during the use or consultation of the Site;
  • any inability for the User to connect to his Player Account;
  • erroneous information transmitted by the User when creating his Player Account or not updated;
  • any problem arising due to the User's computer environment or a poor configuration of their equipment or difficulties in connecting to the Internet;
  • the legality, probity and quality of the information transmitted by the Users;
  • any hypertext link established on the Site referring to other websites for which MANUFACTURE FRANCAISE DES PNEUMATIQUES MICHELIN is not the publisher;
  • and more generally for all damages, direct or indirect, whatever the causes, origins, nature or consequences, caused by the access of anyone to the Site or resulting from the impossibility of accessing it, from the use of the Site and/or from the credit given to any information coming directly or indirectly from the latter.

In particular, the Publisher assumes no responsibility for any damage that may be caused to the computer equipment, software and data of the User as a result of his access to this Site, the use or the downloading of any of its elements (data, texts, images, videos, sounds, etc.).

It is the responsibility of each User to take all appropriate measures to protect their own data, software and hardware from contamination by viruses or other forms of attacks that may circulate through the Site or the information published.

In addition, the Publisher reserves the right, at any time, to suspend, modify or temporarily interrupt all or part of the Site and the Player Account during maintenance work, technical failure or violation of automatic data processing systems or difficulties related to the internet.

In case of permanent interruption of all or part of the Site, the Publisher will inform the User, without any responsibility for this fact being incurred by the Publisher.

ARTICLE 5 - INTELLECTUAL PROPERTY

5.1 The Site

The Site and each of its components (including without limitation trademarks, designs, models, logos, texts and titles, images and photographs, audio, and video elements with or without sound, software, illustrations, etc.) are protected throughout the world by the laws in force on copyright or other intellectual property rights.

Expect as otherwise provided herein, the User only has the right to consult the Site for his strictly personal and private use. Any use, reproduction, exploitation or representation of the Site (in whole or in part) or the elements that compose it, on any medium whatsoever, for other purposes, and in particular commercial, is not authorized. Exceptionally, the holders of the rights may expressly authorize the User to reproduce and/or represent all or part of the Site, on certain media. Any request for authorization must first be submitted to the Publisher at the following address: MANUFACTURE FRANCAISE DES PNEUMATIQUES MICHELIN, 23 Places des Carmes Dechaux 63000 Clermont-Ferrand

The User is legally entitled to make short quotations, analyses and reproduction intended for press reviews as well as other uses expressly authorized by law within the limits and conditions set by the latter and subject to quoting the names of the authors and the editorial source.

Unless expressly authorized by the Publisher, all reproductions, representations and uses other than those mentioned above are prohibited, in particular:

  • any adaptation, making available to the public at its request or not, distribution, redistribution in any form whatsoever, networking, public communication of all or part of the works, services, trademarks and all elements protected or likely to be protected by intellectual property rights reproduced on the Site;
  • any extraction or reuse, including for private purposes, of a substantial part of the content of the databases constitued by the Site;
  • any extraction or reuse, repeated and systematic, including for private purposes, of even a non-substantial part of the content of the databases constitued by the Site;
  • any link, access, modification, addition, deletion that affects to the automated processing system of online publishing and modifies the conditions of publication or the editorial policy.

5.2 The User

By creating a Player Account and/or registering for a competition or tournament on the Site, the User grants the Publisher, for the duration of his use of the Services, the right to reproduce, represent and use his first name (and pseudonym if applicable) in whole or in part on the Site, as well as on any advertising or promotional medium, and in particular on the internet, paper media, films, digital media, by radio, cable, satellite or television broadcasting.

These rights are granted to the Publisher for any reproduction, representation and public use for commercial purposes or not, promotional or not.

These rights are assigned by the User to the Publisher free of charge, on a non-exclusive basis, and for the whole world.

However, in application of article 9 of the Civil Code relating to the respect of privacy, you have the possibility to oppose the use of your image, by sending a letter to the following address: MANUFACTURE FRANCAISE DES PNEUMATIQUES MICHELIN, 23 Places des Carmes Dechaux 63000 Clermont-Ferrand

ARTICLE 6 - DEFAULTS

Any User who does not respect with these GCU is liable to civil or criminal prosecution for infringement of trademark rights, copyright, neighboring rights, rights of database producers as well as automated data processing systems.

ARTICLE 7 - SITE ADMINISTRATOR

The function of the administrator of the Site is to guarantee the good functioning of this one and to take care of its safety. It is part of its mission to facilitate the application of these GCU and to ensure the fair and responsible behavior of each User. For any information you can contact: esport@gozulting.com.

ARTICLE 8 - PERSONAL DATA

When you visit the Site, we may process your personal data in the following situations:

8.1 Creation of the Player Account and connection to the Site:

If you already have a Player Account, simply log in with your account information, if you do not have a Player Account you will need to create one. When you create your Player Account, you will have to fill in some mandatory information about yourself, in particular data relating to your civil status (surname, first name, last name, email address, country of residence, date of birth), which you certify to be accurate. The details of these data are present in Article 2.1 of these GCU.

The personal data collected by the Publisher is necessary for the creation of a Player Account and for the registration for the tournaments proposed on the Site.

8.2 Tournament Registration

On the Site, you can register for various tournaments. To do this, the Publisher collects a certain amount of personal data. The collection and processing of this data is detailed in the General Conditions of Participation present on the Site. We invite you to consult them before registration for a tournament on the Site.

8.3 Sending commercial solicitations

If you have expressed the wish by checking the corresponding box when creating your Player Account, your personal data may be used for commercial solicitation purposes by the Publisher.
The User may opt-out of receive promotional messages from the Publisher at any time via the unsubscribe link provided at the bottom of the messages or directly in his Player Account settings .

8.4 Deposit of cookies

By browsing the Site, cookies may be placed on your device. For more information, we invite you to consult the article "Cookies policy" below in these T&Cs and the "Cookies" tab of the Site.

8.5 Authorization - Data retention

You are informed that if you are under 15 years old or if you are considered a minor within the meaning of the General Data Protection Regulation (Regulation 2016/679 of the European Parliament and of the Council of April 27, 2016), you must obtain the consent of the holder of parental authority to register for the Player Account. This agreement may be given by any appropriate means and in particular in the context of the application of article 9 of the General Conditions of Participation.

To allow you to benefit from the best possible user experience and for security reasons, the data that you transmit to us is kept by the Publisher for a period of one year from your last connection to the Site. Any cookies deposited during your browsing on the Site are kept for a maximum period of 6 months.

Regarding the length of time we keep the personal data necessary for your registration and your participation in the tournaments offered on the Site, we invite you to consult the General Conditions of Participation present on the Site.

All of the information communicated may be transmitted to all competent authorities or organizations as well as to the Publisher's subcontractors for internal processing purposes on its exclusive behalf.

In accordance with the amended Data Protection Act No. 78-17 and Regulation 2016/679 of the European Parliament and of the Council of April 27, 2016, Users have a right to limit the processing of their data, a right opposition, access, portability, rectification and deletion of personal data concerning them, which you can exercise by sending a written request to esport@gozulting.com.

For more information on personal data and your rights, you can also consult the website of the Commission Nationale de l'Informatique et des Libertés : www.cnil.fr.

To learn more about your Personal Data, we invite you to consult our Privacy Policy present at any time at the bottom of the Site.

ARTICLE 9 - COOKIES

During your navigation on the Site, cookies may be deposited on your terminal if you consent to them.

A cookie is a small text file that may be deposited and saved in a space on the hard drive of your terminal (computer, tablet, smartphone or any other device optimized for the Internet) when you visit an online service. It allows the issuer of the cookie to identify the terminal in which it was saved and to keep in memory, during the period of validity of this cookie, certain information relating to your journey in order, for example, to simplify your navigation on a website, to secure your connection or to adapt the content of a page to your centers of interest.

Other technologies with similar functionalities can also be used, particularly in environments that do not support cookies, such as mobile applications, for example. The term “cookies” used applies to all of these technologies.

These cookies can come from different issuers:

  • MANUFACTURE FRANCAISE DES PNEUMATIQUES MICHELIN cookies: these are cookies that may be deposited by MANUFACTURE FRANCAISE DES PNEUMATIQUES MICHELIN on your terminal during your navigation on our sites and applications. These cookies allow us to personalize and continually improve your experience on our sites and applications.
  • Third-party cookies: these are cookies that may be deposited by third-party companies (for example advertising agencies, social networks, MANUFACTURE FRANCAISE DES PNEUMATIQUES MICHELIN partners, etc.) on your terminal during your navigation on our sites and apps. In particular, they allow these third-party companies, during the period of validity of their cookies: to identify your centers of interest, to collect navigation information relating to the consultation of our sites and applications and to personalize advertisements likely to correspond to your areas of interest and user profile to which you may be exposed on our sites and applications.

To find out more about the Site's Cookies policy, we invite you to consult our Privacy Policy at the bottom of the Site.

ARTICLE 10 - MODIFICATIONS TO THE GENERAL CONDITIONS OF USE

The applicable GCU are those in force on the date of connection and use of the Site by the User.

The Publisher reserves the right to modify, at any time, all or part of the provisions of the GCU without notice or information to Users in order to adapt them to changes in the Services, to technical, legal or jurisprudential developments or when put in place new services, without being held liable in this respect.

Any changes made by the Publisher to the GCU will be made known to and accept by Users via a dedicated pop-in window when they log on to the Site. The User will be required to accept them to continue using the Services.

ARTICLE 11 - APPLICABLE LAW – JURISDICTION

The non-compliance by the User, regardless of their location, with any of the provisions of these GCU and more generally any difficulty relating to their execution, interpretation or validity, are subject to French law and to the competent French courts.

In the event of a dispute arising in connection with the interpretation and/or execution of these GCU between the Publisher and the User, the Publisher and the User agree to a preliminary conciliation phase. In the event that no amicable solution can be found during this conciliation phase and within the limits of what is expressly authorized by law, the User acknowledges as a non-professional user that any disputes that may arise between you and we will be exclusively under the jurisdiction of the courts of Clermont-Ferrand.