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DECATHLON CO-CREATION platform terms and conditions of use.

Version date November 18, 2019

1 - PREAMBLE

These terms of use are concluded between any internet user (hereinafter referred to as "the USER") and the "DECATHLON COCREATION" site, operated by DECATHLON, a European company with a registered capital of € 10,250,000, listed with the register of companies (RCS) of Lille Metropole under the number 306 138 900, whose registered office is located at 4 Boulevard de Mons, 59 650 Villeneuve d'Ascq, hereinafter referred to as "the Site" or "PLATFORM" or "DECATHLON COCREATION".

The DECATHLON COCREATION website belongs to "GROUPE DECATHLON". This refers to DECATHLON SE and all the companies owned by it, directly or indirectly, with a minimum share of 10% of the capital or voting rights (hereinafter referred to as "DECATHLON Subsidiaries" or "Companies of GROUPE DECATHLON" or "DECATHLON").

The "DECATHLON COCREATION" Site refers to the website that can be reached at the following URLs: http://www.cocreation.decathlon.fr

or http://www. ("label")-cocreation.decathlon.fr. 

In particular, they are used to contribute, via a collaborative platform, to developing products and services that can be marketed by Groupe DECATHLON, in compliance with the Special Terms of Use of the Site (link to the DECATHLON COCREATION SToU). 

For the purposes hereof, the term "Use" includes all of the operations carried out by USERS as soon as they have access to the Site, including simply consulting it, regardless of the device used (e.g. computer, tablet and smartphone), the type of connection (private connection, connection of a third party or public Wi-Fi) and the connection point (from France or abroad). Use of the Site implies unreserved acceptance of these terms of use and, where applicable, of the special terms of use. These terms of use may be revised at any time. Therefore, it is understood that the applicable conditions are those in force on the Site at the time of its use.

2 - TERMS OF USE OF THE SITE

2.1

There is no restriction on simply browsing the Site. Any adult is authorised to use the site, regardless of their country of residence. On the other hand, there may be more restrictions to accessing and participating in the collaborative platform, depending on the capacity of the USER, pursuant to the special terms of use of the Site (Link to the DECATHLON COCREATION SToU).

2.2

In order to access the collaborative section of the Site, USERS must create an Account, for which they must provide the information needed to identify them. Under the provisions of the French law for building trust in the digital economy ("LCEN") of 6 August 2004 as amended, DECATHLON COCREATION has a legal obligation to collect and store these identification data. The USER agrees to provide exact and complete data on their identity and shall not appropriate the identity of any third party. Otherwise, the Site reserves the right not to confirm, or to suspend or delete the account.

3 - POSTING CONTENT ON THE SITE

3.1

As soon as the USER chooses to use the Site, they may post content, which is subject to the special terms of use, in particular.

3.2

Without prejudice to the stipulations provided for in the special terms of use, the USER is responsible for all the content that may be posted in their name from their computer terminal. The USER agrees to immediately notify DECATHLON COCREATION should they have reason to believe that an authorised person knows or may know their username, password and email address.

4 - BEHAVIOUR ON THE SITE

The USER shall not:

  • commit any illegal act;
  • extract or collect personal data from USERS of the Site by any means;
  • extract, save or use any third party content subject to intellectual property rights, relating to privacy, personal data or subject to image rights for purposes other than displaying them while browsing this Site;
  • store, disseminate or publish any illegal, harmful, abusive or racist content, content that incites to hatred, revisionist content, content that is contrary to morality, infringes on the private life or infringes the private rights of third parties, including the right to the image of people and goods, intellectual property rights or the right to respect for private life.
  • store, disseminate or publish any information that can be used to reveal, directly or indirectly, their political, philosophical or religious opinions, their trade union membership, their state of health or their sexual orientation;
  • upload content on behalf of a third party;
  • appropriate the identity of a third party and/or publish any personal information of a third party;
  • store, distribute or publish any content that may directly or indirectly harm the interests of the GROUPE DECATHLON.

5 - INTELLECTUAL PROPERTY

5.1 Content posted by the Site

The Site Content is subject to property rights and protected by intellectual property titles, including copyright, for designs and models, brands, domain names,

patents, know-how, software or databases. GROUPE DECATHLON and its partners remain the owners of all of this content and the associated rights. 

Regarding this content, GROUPE DECATHLON grants the USERS a limited, non- exclusive and revocable license, without the right to sub-license, for the simple access, navigation and use associated with the Site. This license does not grant USERS any other right, including any right to the commercial use of this content.

5.2 Content posted by the USERS

The USER is prompted to consult the special terms of use of the Site.

6 - LIABILITY

6.1 Responsibility of DECATHLON COCREATION

The USER is responsible for consulting and using the Site. The Site may contain links to third party Sites. By clicking on these links, the User acknowledges that  DECATHLON COCREATION cannot vouch for the content thereof and therefore agrees to access them at their own risk. Consequently, DECATHLON COCREATION cannot be held liable for any harm or loss resulting from the access and/or use of the Site and the information it contains. The USER is also aware that DECATHLON COCREATION may be required to temporarily interrupt access to the Site for technical reasons, including for reasons of its maintenance. The USER accepts these interruptions and shall not make any claims in this regard. 

The use of the Site by the USER implies knowledge and acceptance of the characteristics and limitations of the technology that are inherent in the internet, particularly in terms of response times when consulting or sending enquiries to the server hosting the Site, the technical performance, risks of breakdowns and, more generally, any risk relating to the transfer of data.

Consequently, DECATHLON COCREATION and, more generally, Groupe DECATHLON cannot, under any circumstances, be held liable for the following, including but not limited to:

  • any information consulted on the site that is not posted online by the DECATHLON COCREATION
  • any malfunction of the network that prevents the Site from working properly
  • the loss of any data
  • the malfunction of any software
  • the consequences of any computer virus, bug, anomaly or fault
  • any damage caused to the USER's computer.

6.2 Responsibility of the USER

When using the Site, the User agrees to indemnify and hold GROUPE DECATHLON harmless with respect to any direct and indirect harm or loss, costs and expenses, resulting from the following in particular:

  • any claim from a third party concerning any content filed in its name, including for the breach of rights over the content posted by the USER on the Site or press-related offences in connection with the elements sent or posted on the Site;
  • any activity relating to a participation on the Site that is contrary to these terms of use, and where applicable to the special terms of use, including for fraudulent purposes;
  • the breach of these Terms of Use of the Site and/or of the Special Terms of Use.

7 - PROTECTION OF PERSONAL DATA

7.1

In accordance with the "Informatique et Libertés" (Data Protection) Act of 6/01/1978 amended in 2004, the data collected on this Site are subject to computer processing by DECATHLON SE. The USER has the right to access, rectify and object (for legitimate reasons) to the processing of the data concerning them by sending a request to DECATHLON COCREATION via the following link: contact form (please attach a copy of your ID to your request)

7.2

The information collected is intended exclusively for DECATHLON SE and the other companies of GROUPE DECATHLON. The USER can consult the personal data protection policy of DECATHLON COCREATION via the following link: personal data.

8 - DELETION OF CONTENT POSTED BY USERS

DECATHLON COCREATION may terminate any registration and/or delete any profile and/or any content and/or any information published on the Site and/or prohibit the use and/or access to the Site, as soon as it becomes aware of the USER's non-compliance with these terms of use, special terms of use or for technical reasons. This modification or deletion may be carried out without notice, without prior notice or warning, at any time at the complete discretion of DECATHLON COCREATION.

Using the "Report abuse" procedure, any USER can inform the Site that a piece of Content is presumed to be posted in violation of these terms of use, by attaching all the details needed to process their request.

9 - ENTIRE AGREEMENT

If one or more provisions of the terms of use are declared null and void by application of a law or regulation, or following a judicial or administrative decision of a court of competent jurisdiction, the other provisions shall be deemed to remain in full force and effect. DECATHLON COCREATION will use its best efforts to replace it as soon as possible with a valid provision whose effect is as close as possible to the spirit hereof.

The failure of either party to insist upon the performance of any of the clauses hereof, whether permanent or temporary, shall not be construed as thereafter waiving said clause.

10 - GOVERNING LAW/DISPUTES

These terms of use are governed by French law, with the exception of any conflicting public policy provisions.