Date updated: 13/04/2023
ARTICLE 1 - DEFINITIONS
In the present Terms and Conditions of Use, the words or expressions starting with a capital letter have the following meaning:
Article: The specific rights and obligations stated in the T&C.
T&C: Terms and Conditions of Use, whose purpose is to determine the rules of use for the Website and the associated Services offered by FRANCE GALOP. This contract determines the obligations of the User and of FRANCE GALOP.
Account: The personal account created by the User with the aim of managing their preferences for the Services they use.
Information: All works, information and publications (articles, photos, videos, brands, etc.) accessible via the Website.
Partners: The companies external to FRANCE GALOP with whom FRANCE GALOP has a contractual relationship.
Service(s): All online services and features offered by FRANCE GALOP to Users.
Website: All web pages published by FRANCE GALOP, accessible at the URL address “http://www.france-galop.com/”, and its associated directory through which the Services and Information can be accessed.
User(s): Any person who has created an Account and accesses, browses and/or uses the Website’s Information and/or Services, regardless of where they are and how they have connected to the Website.
ARTICLE 2 - GENERAL TERMS
The Website, which is published by FRANCE GALOP and can be accessed at the URL address “http://www.france-galop.com/”, allows the User to access several online services..
When accessing, browsing and/or using the Website’s Information and/or Services, the latest version of the T&C and the applicable rights from legislative (e.g. laws), executive (e.g. decrees) and judicial sources (e.g. final court decisions) constitute the requirements that govern the relationship between FRANCE GALOP and the User.
If one of the provisions in the present T&C is declared null or non-applicable with regard to the applicable rights at the moment that the User accesses, browses and/or uses the Website’s Information and/or Services, it shall be deemed unwritten and all the other provisions shall still apply.
FRANCE GALOP reserves the right to alter the present T&C at any time and without prior notification, given the changing nature of the Website and the Services that may be altered, namely with the addition of new features, or by deleting or changing some of the existing features. Consequently, every time they visit the Website, the User is advised to read the latest version of the T&C available on the Website. In the event that they do not agree with the T&C, the User shall not proceed with browsing the Website.
The present T&C apply, where necessary, to any variants or extensions of the Website on social media and/or on any current or future community networks.
The present T&C apply in addition to the general terms and conditions applicable to users as part of a sales, licensing or distributing contract or as part of any other applicable agreements or provisions. If the present Website or any parts of this Website contain rules, instructions, codes of behaviour or other provisions or instructions for users, the User agrees to respect them. These provisions shall apply in the case of conflicts or incompatibilities. These T&C may contain provisions that cover features or services that are not available via the present Website. Insofar as these such provisions only concern said features or services, they are not applicable and do not affect the validity of the other provisions.
The User may contact FRANCE GALOP via the “Contacts” section, displayed at the bottom of all of the Website’s pages, and at the following email address “webmaster@france-galop.com”.
ARTICLE 3 - ACCESS AND USE OF SERVICES AND INFORMATION
The User is responsible for any equipment and material methods that allow them to access, browse and/or use the Website’s Information and/or Services. The User must also pay for any telecommunication costs incurred while accessing and browsing the Website.
FRANCE GALOP grants the User a revocable, non-transferable, non-exclusive and free user license for the Website’s Services and Information. This license is strictly personal.
Certain Services require the User to submit a registration form. The User agrees to provide, maintain and regularly update their personal information, which should be correct, true, up to date and complete. Failing this, their registration shall be deemed invalid, and FRANCE GALOP reserves the right to take any measures they deem suitable to suspend the User’s access to the Service(s) concerned, either permanently or temporarily.
Consequently, the User agrees to respect the obligations stated by virtue of the present T&C, in particular “ARTICLE 5 – RESPECT OF INTELLECTUAL PROPERTY RIGHTS”.
The User agrees to fulfil the following requirements with regard to the Website’s integrity:
- Not to use software, devices or tools of any sort that might disrupt the Website’s proper functioning, and to ensure that the computer configuration they use is free from such software, devices or tools.
- Not to undertake any actions that might lead to a disproportionate load for FRANCE GALOP’s infrastructures.
ARTICLE 4 - MANAGEMENT OF THE USER ACCOUNT
4-1 Creating an Account
In addition to offering unrestricted access to its features, Website gives the User the option of creating an Account to benefit from various exclusive features, namely:
- Enabling the User to watch videos, live videos and online replays
- Enabling the User to stay up-to-date with news about a certain horse thanks to the “Follow” feature and emails
- Allowing the User to access their personal account so that they can manage their subscriptions to FRANCE GALOP newsletters and commercial offers
To sign up, the User must be over the age of eighteen (18), have the ability to finalise a contract in the eyes of the law, and have unreservedly accepted the present T&C. Opening an account in the name of a legal entity is only permitted if the person concerned is over the age of 18 and is authorised and capable of acting on behalf of said legal entity. The User also agrees to open only one account corresponding to their profile.
The User will provide FRANCE GALOP with the necessary personal information. When filling in the registration form, the User assures FRANCE GALOP that the information provided about their identity and their details is correct, true, up to date and complete. The User agrees to provide a valid email address.
Failure to adhere to these conditions will lead the application of the penalties stated in sections “4.3 Temporary suspension” and “4.4 Cancelling your subscription and deleting your Account” in the present Article.
The email address provided by the User when they create their Account will be used as the Username to access said Account.
In order to ensure the optimal use of the Websites published by FRANCE GALOP, and to make it easier for you to access the different websites run by FRANCE GALOP, including the Website and the event website (www.francegalop-live.com), FRANCE GALOP has set up a system to manage the Users’ login codes and preferences, allowing you to create accounts with the same usernames in different contexts, namely (i) on the website www.france-galop.com and/or certain subsites published by FRANCE GALOP, and (ii) the Website www. francegalop-live.com.
When the Account is created, FRANCE GALOP will check whether the username is already being used on other Websites published by FRANCE GALOP. If so, the User will be sent a message to inform them.
If the username is not already in use, FRANCE GALOP will send the User a confirmation email containing a link. The user must click on the link to finalise the activation of their Account and will be redirected to the Website homepage.
What is more, when they create their Account, the User can also set their preferences in terms of marketing communications. This will in no way affect their request to create an Account.
If you have not received a confirmation email or if you have any problems creating your account, please contact us at the address webmaster@france-galop.com.
4-2 Modifying your Account
The User can change and update their username as well as their marketing communication preferences at any time on the “My account” page.
When the User changes their username, FRANCE GALOP will check whether the username is already being used on other Websites published by FRANCE GALOP. If so, the User will be sent a message to inform them.
If the username is not already in use, FRANCE GALOP will send the User a confirmation email containing a link. The user must click on the link to confirm their new username and will be redirected to the Website homepage.
What is more, when they change their username, the User can also change or confirm their preferences in terms of marketing communications. This will in no way affect their request to change their username.
If you have not received a confirmation email or if you have any problems changing your username, please contact us at the address webmaster@france-galop.com.
4-3 Personal information
The User agrees to regularly update the information given in their profile, so as to ensure it remains correct.
The User alone is responsible for the use of their login details (email address and password) and for ensuring they remain confidential, as well as for any use of their Account. The User agrees to inform FRANCE GALOP immediately in the event of any unauthorised use of their Account or any breach in the confidentiality and security of their login codes, via the “Contacts” section displayed at the bottom of all of the Website’s pages, and at the following email address “webmaster@france-galop.com”.
If FRANCE GALOP has serious and impartial motives to believe that the security of the Website or its Services has been violated, or that the User’s login codes have been used in an unauthorised way, then FRANCE GALOP may, after suspending the Account, require these login codes to be changed, namely to preserve the integrity of the Website and its Services.
Failure to adhere to these conditions will lead the application of the penalties stated in sections “4.3 Temporary suspension” and “4.4 Cancelling your subscription and deleting your Account” in the present Article.
4-4 Temporary suspension
Once the User has created their Account, FRANCE GALOP reserves the right to temporarily suspend the Account in the following cases:
- The User has supplied false, inexact, obsolete or incomplete information in their profile
- The User has not kept all of their personal information up to date, meaning that said information is false, inexact, obsolete or incomplete
- The User has supplied an invalid email address
- FRANCE GALOP has serious and impartial motives to believe that the security of the Website or its Services has been violated, or that the User’s login codes have been used in an unauthorised way
- The User fails to adhere to the requirements set out in the present T&C, or for serious and impartial motives, which may be communicated to the User by request via the “Contacts” section displayed at the bottom of all of the Website’s pages, and at the following email address webmaster@france-galop.com
4-5 Cancelling your subscription and deleting your Account
The User is free to unsubscribe at any time:
- Via the “Contacts” section displayed at the bottom of all of the Website’s pages, and at the following email address “webmaster@france-galop.com”
- Via the Website, on the “My Account” page > “Settings” > “Delete my Account”.
If the User cancels their subscription, their Account will be permanently deleted from our system.
FRANCE GALOP will permanently delete the User’s Account in the following cases:
- The User requests to unsubscribe
- After a period of inactivity (not signing into their Account using their login codes and not accessing their personal Account, not clicking on any hypertext links in a FRANCE GALOP email, no information requests sent by email) in the User’s Account equal to or exceeding three (3) years
- The User has created an Account but does not adhere to the age restrictions or is unable to accept the present T&C as described in section “4.1 Creating an Account” in the present Article
- FRANCE GALOP has unbiased and justified motives to do so, has previously notified the User by all methods (by email or registered letter), and in the event that the User
- has violated any applicable laws, either criminal laws or those that protect the rights of a third party, or if their behaviour has damaged the interests of another person, whoever that might be, including FRANCE GALOP or any other company legally tied to FRANCE GALOP
- Upon presentation of substantiating documents in the event that the User is deceased
If the User wishes to delete their Account on the Website, FRANCE GALOP will check whether they also have an Account on the event Website (www. francegalop-live.com). If they do, the User will be sent a message to inform them that they have the option of deleting their Account on the event Website.
What is more, when deleting their Account, the User can also change or confirm their preferences in terms of marketing communications.
If you have not received a confirmation email or if you have any problems deleting your account, please contact us at the address webmaster@france-galop.com .
ARTICLE 5 - RESPECT OF INTELLECTUAL PROPERTY
The structure and content of the Website belong exclusively to FRANCE GALOP. The reproduction or distribution of all or part of the elements and/or information featured on this Website, regardless of how they are obtained, and for any purpose that is not strictly personal, without prior authorisation from FRANCE GALOP, is prohibited and constitutes a form of counterfeiting which is punishable by articles L 335-2 and subsequent articles of the Intellectual Property Law.
The databases featured on the Website are protected by the provisions of the French Law of 11 July 1998, transposing the Intellectual Property Law and the European Directive of 11 March 1996 regarding the legal protection of databases. The extraction and reuse of quantitively or qualitatively substantial content from the databases featured on the Website is strictly prohibited. Any transgressions may be punishable by articles L 343-1 and subsequent articles of the Intellectual Property Law.
The FRANCE GALOP and Partner brands, as well as the logos that feature on the Website are trademarked and protected. The partial or total reproduction of these brands or logos copied from the Website without FRANCE GALOP’s prior authorisation is prohibited, as per articles L.713-2 and subsequent articles of the Intellectual Property Law.
Consequently, the User agrees to adhere to the following obligations:
- Not to use software or processes to copy the Website’s Information without FRANCE GALOP’s prior authorisation
- Not to alter, change, or even create pieces derived from the Website’s Information without FRANCE GALOP’s prior authorisation
- Only to produce short quotations, analyses or copies for press reviews or other uses that are expressly authorised within the limitations and conditions set out in the current legislation, and on the condition that the name of the author(s) and the source are given.
- Not to extract or reuse, including for private use, any part, substantial or otherwise, of the content of the databases or archives put together by the Website without FRANCE GALOP’s prior written authorisation.
- Not to collect any information about third parties, including email addresses, shown on the Website with the aim of using them to send commercial appeals or the equivalent, or to add them to a referencing service or its equivalent, whether payable or free of charge, or even for competitor monitoring.
- Not to set up any systems that might carry out, in part or in full, a counterfeit copy or any act that might be deemed unfair to the Website or might violate the present T&C, including using hyperlinks or so-called “framing” techniques.
- To inform FRANCE GALOP as soon as they are aware of any kind of breach (especially with regard to FRANCE GALOP’s intellectual property) or any illicit or non-contractual use of the Website’s Information, regardless of the method of circulation used.
FRANCE GALOP’s prior authorisation, as cited in the above article, may be requested by contacting FRANCE GALOP via the “Contacts” section, displayed at the bottom of all of the Website’s pages, and at the following email address webmaster@france-galop.com
ARTICLE 6 – DATA PROTECTION INFORMATION
FRANCE GALOP protects and uses the personal data provided by Users as per the conditions stated in its Data Protection Policy and in accordance with the information given to Users when their data is collected. The User agrees that they have read and understood said information.
ARTICLE 7 – FRANCE GALOP’S RESPONSIBILIT
FRANCE GALOP is subject to an obligation of means. As a consequence, they agree to do all they can to ensure that it is safe to access, browse and use the Website’s Information and/or Services.
The Information and Services may be accessed 24 hours a day, 7 days a week, except in the event of force majeure or an event out of FRANCE GALOP’s control and subject to potential breakdowns and maintenance work that is required to ensure the Website functions properly. Any maintenance operations may be carried out without giving Users any prior warning.
FRANCE GALOP cannot be held responsible:
- In the event that the Website is temporarily unavailable due to maintenance operations, updates or technical improvements, when changing the Website’s content
- or presentation, or in the event of force majeure or an event out of FRANCE GALOP’s control, as long as these interruptions do not exceed the customary duration
- For the content in third-party Websites that hyperlinks featured on the Website lead to
- For the loss of earnings or damages incurred due to a loss of data or operating loss caused by accessing, browsing and using the Website’s Information and/or Services or the failure to do so.
It is expressly agreed that, to the extent permitted by applicable law, and in the event that FRANCE GALOP is judged responsible for damages that are not provided for in these present T&C, FRANCE GALOP’s responsibility will be limited to the direct, certain, real and established damages caused.
ARTICLE 8 – THE USER’S RESPONSIBILITY
The User alone is responsible for any direct or indirect, material or intangible damages caused to FRANCE GALOP and/or their Partners, caused by their accessing, browsing and/or using the Website’s Information and/or Services.
The User agrees to accept the characteristics and limitations of the Internet and Mobile Internet, and particularly recognises that:
- The technical performances of the Internet and Mobile Internet require a certain amount of processing time to reply, read, examine or transfer the Information, as well as to access, browse and use the Website’s Information and/or Services
- They alone are responsible for their Internet and Mobile Internet connection
- They access, browse and use the Website’s Information and/or Services at their own risk and under their own responsibility
- Any material downloaded by themselves or obtained by any other means when accessing, browsing or using the Website’s Information and/or Services is done so at their own risk, and the User alone is responsible for any damages incurred by their device or any loss of data due to the downloading of this material.
- They are responsible for protecting their own data and/or software and it is their responsibility to take the appropriate measures to protect them from any potential viruses circulating on the Website, in its Information or Services.
- It is their responsibility to take all the necessary measures to ensure that the technical characteristics of their device and/or computer network allow them to access, browse and use the Website’s Information and/or Services.
ARTICLE 9 – NON-WAIVER
The fact that one of the parties, FRANCE GALOP or the User, does not demand that the other party fulfil their obligations as per the present T&C at a certain moment in time, will not affect this party’s right to demand that said obligations are fulfilled at any other subsequent moment in time. The fact that one of the parties fails to assert that the other party has failed to fulfil any of the provisions in the present T&C does not mean that the party waives all right to assert any other violation of the same provision or any other provisions, nor do they waive the obligation in question.
ARTICLE 10 - APPLICABLE LAW AND ASSIGNMENT OF JURISDICTION
The present T&C are governed by French law. The original T&C are written in French. In the event of any discrepancy between the original French text and this English translation, the French text shall be used to resolve any doubts arising in respect of interpretation and/or application.
The User and FRANCE GALOP will strive to amicably resolve any dispute regarding the interpretation, application and/or cessation of the present T&C.
In the event that they fail find an amicable solution, the dispute will be brought before the French courts in Paris.