GENERAL TERMS OF USE MYGEONAUTE.COM

Transcription

1 GENERAL TERMS OF USE MYGEONAUTE.COM 1. Foreword These conditions of use are concluded between the User of the website (hereinafter referred to as "User") and the "mygeonaute.com" site operated by the company DECATHLON SA, a limited company with executive and supervisory boards and share capital of 10,250,000, located at 4 Bd de Mons, Villeneuve d'ascq (France) and registered with RCS Lille under the number ; hereinafter referred to as "the Site" or "mygeonaute.com". The company DECATHLON SA belongs to the "OXYLANE NETWORK". This refers to the company DECATHLON SA and all of the companies in which it holds, whether directly or indirectly, a minimum of 10% of the capital or voting rights (hereafter named "OXYLANE Subsidiaries" or "Companies of the OXYLANE NETWORK" or "OXYLANE NETWORK"). The "mygeonaute.com" site refers to the main website accessible from the URL that allows Users to benefit from the features described in article 2. The "Geonaute Account" account (hereinafter "Geonaute Account") refers to the authentication, collection and protection of sports data system established by GEONAUTE for "OXYLANE NETWORK". The creation of a "Geonaute Account" and use of ONconnect software are the subject of specific General Conditions of Use. "mygeonaute.com" restricts the use of its Site to individual Users making use of it at a normal rate. Any individual or entity is strictly forbidden from inappropriately accessing or using the Site for professional reasons or as an additional professional activity. For the purposes of these conditions, the term "Use" comprises all operations performed by the User upon accessing the Site, including simply viewing it, whatever the means of access (such as computers, tablets and Smartphones), the type of connection (private connection, third party or public WiFi connection) and the place of connection (from France or abroad).

2 The use of the Site constitutes the unreserved acceptance of these general conditions by the User. These conditions may be subject to modifications. It is therefore understood that the applicable conditions are those in force on the Site at the time of its use. 2. Features offered by the Site 2.1 The Site facilitates the monitoring of Users' sports practice thanks the following features: "Send my data" from ONconnect function: subject to the prior consent of the User when creating their "Geonaute Account", data collected is accessible only by the User within the "mygeonaute.com" site. However, and subject to explicit consent for information sharing, the User can share information with the community of "mygeonaute.com" Users. Data collected can be accessed through other "OXYLANE NETWORK" websites, on the condition that the User has signed up for one of these sites and given their express consent for their data on "Geonaute Account" to be accessed. Dashboard feature: display of all of the user's sports activity. This display is in graph form. Activities feature: display of the User's sports sessions (time, distance, speed, calories burned). "Progress" or "Statistics" feature: display of the User's sports report grouped by week, month, year and sports activity. The "Progress" function also allows the User to see their achievements and personal records in each discipline. Routes feature: allows the User to create, load, edit, share or delete geographical routes. Users can import or export a route in GPX standard format on "mygeonaute.com". Users can send a route to "Compatible Equipment" that supports geographic guidance. Sending the route to this equipment requires the use of ONconnect. When Users choose to share a route, it becomes public and other Users can access it. "mygeonaute.com" allows its Users to publish, under their own responsibility, sports routes followed by Users. Users wishing to publish a sports route must ensure "mygeonaute.com" of the safety of said path for Users who may take it. They must also ensure that said path does not infringe any third party rights such as property rights. We would like to remind Users that they must not encourage trespassing on private property. Challenges feature: allows the User to set sports challenges and view those that have been achieved. "Community Challenges feature: Users participate through their sporting activities, to achieve "Community Challenges". By using "mygeonaute.com", Users agree, without restriction, to their sporting achievements being included in global challenges. They will be notified of their participation in challenges in graph form.

3 Social Sharing feature: can allow Users to share their sports sessions or sporting challenges on external networks: Facebook, Twitter, Renren, Weibo and Google +, are considered as third party sites (these are registered trademarks and belong their respective owners). When using these functions, you acknowledge leaving the "mygeonaute.com" site and you agree to comply with the conditions of use applicable to the aforementioned external sites. Workouts feature: allows Users to have access to guided sessions and training plans provided by third party companies and designed by sports professionals. The "Workouts" feature is only available with compatible products. There may be a charge for workout plans, payments are operated by the company JIWOK, partner of "OXYLANE NETWORK". "Content repository" feature: Users can submit any type of content that meets these conditions of use. The list of features is provided for information purposes only. The Site reserves the right to add or delete them, whether temporarily or definitively, without the agreement of the User. 2.2 Through the aforementioned "Workouts" feature, "mygeonaute.com" can provide advice, challenges and workout plans depending on the desired goals set by the User. However, the workout programs are only put online and offered by "mygeonaute.com" for Users that are able to engage in physical and sports activities, which the User acknowledges and accepts. To this effect, it is up to the User to previously ascertain with their doctor that there is not any medical contraindication preventing them from following the advice posted on the Site. The User is aware of the risks incurred by sports practice and the need to consult a doctor prior to sports practice. Under no circumstances shall the company Decathlon SA be held responsible for direct or indirect damage resulting from the practice of these exercises or following this practice. 3. Conditions of Use of the Site 3.1 The Site is reserved for the use of individuals over the age of 18 as well as minors with parental consent. In any event, "mygeonaute.com" encourages any person responsible for a minor to control their use of the Site. 3.2 Access to services provided by the Site shall be subject to creation of a "Geonaute Account" Account. For Users who have purchased a compatible product from an "OXYLANE"NETWORK brand (hereinafter "Compatible equipment"), access to sports data on "mygeonaute.com" requires installation of the ONconnect software on the User's computer.

4 Access to and use of services offered on the Site make it necessary to transfer of personal data from "Geonaute Account". The User agrees to this effect to provide accurate and comprehensive data to "Geonaute Account". Otherwise, "mygeonaute.com" reserves the right to not confirm, suspend or terminate the enrolment on the Site. This suspension or termination will not result in suspension or termination of "Geonaute Account", which is subject to specific General Conditions of Use. 3.3 The use of "mygeonaute.com" implies compliance with these conditions as well as those of third party sites and applications that offer additional features to "mygeonaute.com", such as Withings and Kinomap. Thus, the User agrees to read and comply with the conditions of use of any third party site which it may be taken to or could use via "mygeonaute.com". "mygeonaute.com" draws the attention of Users of the Site to the fact that the use of these additional functions may require the creation of an account on these third party sites. The User releases "mygeonaute.com" from all responsibility with regards to the use of these sites. "mygeonaute.com" declares holding no intellectual property rights on these sites. 4. Publishing content on the Site 4.1 With the aim of encouraging interaction between Users, "mygeonaute.com" may offer them various services and modules allowing content to be published on the Site. For the purposes of these conditions, "Content" is defined as any element published on the Site by the User, such as text, comments, images, photos, videos or any type of file whatever its content or form. 4.2 The use of the services of the Site is only possible after creating a "Geonaute Account" account. The User is responsible for anything that may occur during a session opened with their name and user account. Should they have reason to believe that their nickname or address is or may be known by an unauthorised person, the User commits to immediately warning the Site. "mygeonaute.com" accepts no responsibility in the case of use of a User's personal details by an unauthorised third party. 4.3 The Site may only be used for personal and non-commercial purposes. Under no circumstances may the User communicate commercial information or carry out any commercial activity on the Site, in any form or under any name whatsoever. 5. Behaviour on the site The User is forbidden in particular from:

5 Committing any illegal act whatsoever; Extracting or collecting the personal details of Site Users by any means whatsoever; Extracting, saving or using content from third parties that is subject to intellectual property rights, relating to private life, personal details or image rights, for purposes other than simply displaying it when browsing this Site; Storing, disseminating or publishing any content that is illegal, harmful, abusive, racist, incites hatred, is offensive, immoral, or affects individual or third party privacy rights, in particular the right to images of persons and goods, the right to intellectual property and the right to privacy. Storing, disseminating or publishing any information that reveals, whether directly or indirectly, the User's political, philosophical or religious opinions, their trade union affiliation, their state of health or their sexual orientation; Publishing content on behalf of third parties; Stealing the identity of a third party and/or publishing any personal information about a third party; Storing, disseminating or publishing any content that may be harmful, whether directly or indirectly, to the interests of the OXYLANE NETWORK. More generally, the User commits to abstaining from any behaviour that is contrary to sporting ethics or the values and interests of the OXYLANE NETWORK. 6. Intellectual property 6.1 All of the Content (in particular text, comments, files, images, photos, videos, works, etc.) which may be subject to property, intellectual property, image or other privacy rights remains the property of the User, subject to the limited rights granted through the license described below to the OXYLANE NETWORK or, on a case by case basis, for other previously accepted specific conditions for any particular services that may be available on OXYLANE NETWORK sites. Users are free to publish or not to publish such Content on the Site and accept that this Content becomes public and in particular freely accessible on the internet. They acknowledge, commit to and guarantee that they hold all of the necessary rights and authorisations for such publication on the Site, in particular as regards the current legislation and rights concerning the respect for privacy, property, intellectual property, images, contracts or anything of any other nature. Through such a publication on the Site, Users are aware that they are accepting responsibility as publishers of the Content in accordance with the law, and grant, for the entire duration of publication, a non-exclusive, free and global license to OXYLANE for said Content, including the rights of reproduction, performance, download, display, use, transmission and storage, as well as sub-licensing, in particular to its subsidiaries, technical partners and other Users of the Site. Users also permit their name to be associated with the Content and accept that this association may not always be made.

6 Through their publication, Users permit Content to automatically become accessible on the internet, in particular on other sites and/or blogs and/or web pages of the OXYLANE NETWORK including, in particular, OXYLANE social networks, where Users of OXYLANE sites can share certain content. Users can ask OXYLANE to put an end to their publication in accordance with the terms laid down in Article 8 of these conditions of use. 6.2 Restrictions: the User's sports data that is collected and accessible through "Geonaute Account" is not part of the aforementioned "Content". This data therefore remains private and only accessible to the User, so long as the latter does not voluntarily share it on the Site or on public networks. 7. Responsibility 7.1 Responsibility of "mygeonaute.com" "mygeonaute.com" makes every effort to ensure that the Site and its contents are reliable. If, however, you notice any errors or omissions on the Site, we would be grateful if you could let us know at the following address: MYGEONAUTE 4 Boulevard de Mons Villeneuve d Ascq (France) or by at support@geonaute.com Consultation and use of the Site is the responsibility of the User. The Site may contain links to third party sites. By clicking on these links, the User recognises that "mygeonaute.com" cannot be held responsible for the content of these links, and therefore agrees to access them at their own risk. As a result, "mygeonaute.com" cannot be held responsible for any damage that may result from accessing and/or using the Site and the information it contains. The User is also informed that "mygeonaute.com" may temporarily suspend access to the Site for technical reasons, in particular for maintenance reasons. The User accepts these interruptions and renounces any claims in this regard. The use of the Site by the User implies the knowledge and acceptance of the features and limits of internet technology, in particular concerning the response time for viewing or accessing the Site's host server, the technical performances, the risk of interruption and, more generally, any risk run when sending data.

7 Consequently, under no circumstances shall "mygeonaute.com" and, more generally, the OXYLANE NETWORK be held responsible, without this list being exhaustive: For any information viewed on the Site that is not put online by "mygeonaute.com" For any malfunction of the system that prevents the Site from operating correctly For the loss of any data For the malfunction of any software For the consequences of any virus, bug, anomaly or failure For any damage caused to the User's computer "mygeonaute.com" activity is limited to linking Users and hosting the content posted by them. In its role as host, in accordance with article of the Law for confidence in the digital economy of 21 June 2004 (amended), "mygeonaute.com" cannot be held responsible for the activities or the content stored on its Site. The responsibility of "mygeonaute.com" is limited to that prescribed by articles et seq. of the aforementioned Law. The Site may therefore delete any illicit or manifestly illicit content without prior warning in accordance with the provisions of article of said Law. As a result, "mygeonaute.com" is not required to first check the quality, reliability, truthfulness or legality of the Content published by Users. 7.2 Responsibility of the User By using the Site, the User agrees to remove responsibility from the OXYLANE NETWORK and to protect it from any damage, costs and fees, whether direct or indirect, arising from: Any claim made by a third party concerning any content published in its name, in particular for the violation of rights to the content published by the User on the Site or press offences in relation to the elements sent or published on the Site; Any activity relating to participation on the Site contrary to these general conditions, including that for fraudulent purposes; The violation of these Conditions of Use of the Site "mygeonaute.com" wishes to educate its users about the publication of Content, such as shots or other pictures of users, as well as the sharing of sports data.

8 "mygeonaute.com" draws the attention of its Users to the need to publish or share photographs, images or videos that are respectful and comply with the ethics of sport and the values of the OXYLANE NETWORK. Any Content that does not comply will be systematically removed from the Site. 8. Personal data protection 8.1 In accordance with the French data protection law of 6/01/1978 (amended), the data collected on this Site shall be processed electronically by Decathlon SA. You have the right to access, modify and remove data that involves you upon written request (include a copy of an identity document) to: GEONAUTE - mygeonaute Service 4 Boulevard de Mons Villeneuve d Ascq (France) or by at support@geonaute.com 8.2 The information collected is for the exclusive use of the Company DECATHLON SA and other Companies of the OXYLANE NETWORK. Users may consult the "mygeonaute.com" personal data protection policy. 9. Deletion of content published by Users 9.1 "mygeonaute.com" may cancel any registration and/or delete any profile and/or any content and/or any information published on the Site and/or forbid the use of and/or access to the Site, upon discovering the non-compliance of the User with these general conditions of use or for technical reasons. This modification or deletion may take place without prior warning or notice, at any time and entirely at the discretion of "mygeonaute.com". Via the "Report Abuse" procedure, each User can inform the Site, enclosing all information necessary to process the request, if Content is presumed to have been published in violation of these conditions of use. 9.2 The User also has the possibility to remove Content published on the Site, including its own sports data protected by "Geonaute Account". The necessary features to do this can be found directly on the Site. If the User is unable to remove their Content, they must submit a request for the removal of the Content by to the following address: support@geonaute.com This request must be accompanied by information enabling said content to be identified: name, surname, address, title and date of content.

9 Any well-grounded and legitimate request shall be handled as soon as possible by "mygeonaute.com" without the latter being able to guarantee the immediate deletion of access to the content, the User acknowledges that "mygeonaute.com" shall not be held responsible in this respect, in particular for the time necessary to process their request, any technical constraints or material impossibility to respond to the request, in particular in the event that the Content is reposted by third parties. 10. Downloading SMARTPHONE applications 10.1 "mygeonaute.com" may allow its Users to download, via third party sites such as APPLE STORE (hereinafter "third party sites"), certain SMARTPHONE applications developed by the "OXYLANE NETWORK" for "mygeonaute.com" Users (hereinafter "MYGEONAUTE Applications"). To be able to use certain "MYGEONAUTE Applications", Users must agree to be geolocated by their SMARTPHONE. "mygeonaute.com" will respect the personal data protection of its Users on its sites and applications. The conditions of use of the Site and the third party application also apply to this point, the User having to refer to them in accordance with these conditions Downloading this Application involves not only respect of these conditions, but also of the conditions of use of said third party sites which may allow downloading of said application, or be used during their operation, such as the GOOGLE MAPS application. To do this, the User acknowledges that they can make use of the "MYGEONAUTE Application" in accordance with the contractual terms of the third party sites to which they may be taken during the download or operation of said Applications. Thereby, the User agrees to read and comply with the conditions of use of any third party site which it may be taken to or could use via the "MYGEONAUTE Application", particularly the Google Maps conditions of use, that Users can access at: "mygeonaute.com" draws the attention of Users of this application to the fact that downloading it may require an account to be created on third party sites before downloading applications. Users release "mygeonaute.com" from all responsibility regarding the conditions of use of third party applications and sites, particularly regarding compliance with them under their sole responsibility. "mygeonaute.com" declares holding no intellectual property rights on said third party sites and applications that may be necessary for the use of "MYGEONAUTE Applications".

10 11. Entirety If one or more of the stipulations of these general conditions of use is declared null and void by the application of a law or regulation, or following a definitive judicial or administrative decision, the other stipulations shall retain their force and scope. "mygeonaute.com" shall make every effort to replace a stipulation as soon as possible with a valid stipulation that reflects the spirit of these conditions as closely as possible. Under no circumstances whatsoever shall the fact that one of the parties has not demanded the application of any one of the clauses of these conditions, whether permanently or temporarily, be considered to be a renunciation of said clause. 12. Applicable law These general conditions of use are governed by French law.