Conditions of use of the site "www.quiksilver-press.com" (hereinafter the "Site").
1. Applicable law
The Site is subject to French law. Any use of the Site must be in compliance with French law and governing international treaties, and shall be considered to take place on French territory. Any access and/or use of the Site signifies express acceptance of these general conditions of use, without reservation. For the purposes of these conditions, the expressions "You", "Your", "User", refer to any person consulting, having attempted to consult or having consulted any element, of any kind, of an html page accessible via the main domain name of the Site indicated above.
2. Site publisher and host
The Site is published by the French company Na Pali, a simplified joint stock company with a registered capital of 3,444,300 Euro, whose head office is located in France, at 162 rue Belharra 64500 Saint Jean de Luz, registered on the corporate and trade register of Bayonne, France, with the number 331 377 036, and whose telephone number is +33 (0)5 59 51 57.57, hereinafter "Quiksilver" or "Us". The Site publication director is Sophie Rougerie, in her capacity as Director of Communication. The Site is hosted in France by the French company Aditu, whose head office is located in Bidart, France. Tel: +33 (0) 22.214.171.124.93.
3. Modification of the general conditions of use
At any time, Quiksilver reserves the right to modify or to update the pages of the Site, or these conditions of use of the Site. These modifications will be effective as soon as they are placed online on the Site. Users are therefore invited to consult the version constantly online on the Site. The presence of the User on the Site implies her full acceptance of the version in force on the Site at the moment of his visit.
4. Property and intellectual property
The content of this Site, particularly photographs, the architecture, texts, illustrations, drawings, models, brands, software, databases, etc (this list being non-exhaustive), hereinafter the "Content", are the property of Quiksilver, of its technical service providers or of its licensors. In particular, the Quiksilver brands and logos and the other brands and logos used on the Site are registered trademarks, and any use or reproduction of these brands and logos constitutes a counterfeit. All rights of use and reproduction of this Content are reserved, and are subject to authorisation from Quiksilver or from their respective holders. In compliance with the French intellectual property code and governing international treaties, any representation, reproduction or use of this Content, in full or in part and by any means, which is not expressly authorised, is unlawful and is subject to civil, commercial or criminal proceedings by the holders of this Content.
5. Personal data protection
Quiksilver protects the personal data of the Users of the Site and respects the most restrictive French and European rules with regard to the protection of private life and personal data.
When You use the Site, personal data may be collected from You by Quiksilver (first name, surname, e mail address, agency).
The main purposes of collection of these data are to allow Quiksilver to give Users access to the Site, to identify Users and to date downloads, draw up usage statistics for the Site and Quiksilver services, to improve navigation on the Site, and to ensure the computer security and integrity of the Site. Quiksilver is the recipient of the personal data collected about the Users as well as, where appropriate, service providers to Quiksilver operating on our behalf in the implementation of the Site and of the services used by the Users.
Quiksilver undertakes to respect the confidentiality and security of the personal data that it holds, and to not allow them to be accessible to third parties, except the cases for which provision is made in these conditions of use.
Applying European Directive 95/46 of 24 October 1995 on the protection of personal data, and French Act no. 78-17 of 6 January 1978 modified by Act 2004-801 of 6 August 2004 and complemented by Implementing Decree no. 2005-1309 of 20 October 2005, modified by decree 2007-451 of 25 March 2007, each User of the Site has the right to access, correct or delete data concerning them, as well as a right of refusal to processing of their data by Quiksilver for commercial purposes. Users can therefore require that the personal data concerning them held by Quiksilver be communicated to them, or corrected, completed, clarified, updated or erased, in the event that they wish to have a copy of them, or if these data prove to be inexact, incomplete, ambiguous or expired. To exercise their rights at any time or for any additional information relating to Quiksilver or the Site, Users can send an e-mail to Quiksilver including their e-mail address and their full identity (full name, username), in order to give proof of their identity to Quiksilver to exercise their rights, by writing to the following address: By e-mail: email@example.com By post: Na Pali 162 rue Belharra 64500 Saint Jean de Luz France By telephone: +33 (0)5 59 51 57 57, Monday to Friday, 9:30 to 12:30 and 14:00 to 18:00.
6. Responsibility and warranties
It is Your responsibility to connect to the Site in conditions respecting the law that applies to the Site and given in clause 1 above, as well as the law governing Your country of residence. Quiksilver, its sister, parent or subsidiary companies, its management and its employees may not be held responsible for any damage whatsoever resulting from a simple connection to this Site, except in the event of proven fault resulting from the direct liability of Quiksilver and evidenced by a final court decision rendered under the law applicable to the Site and mentioned in clause 1 above.
The Site provides You with information about Quiksilver, its activities, products and services, those of its partners and, online via the Site, is liable to provide You with services and information about the activities and services of Quiksilver and/or of its partners. This information is given for information only. Quiksilver in no way guarantees the relevance, updating or exhaustiveness of the information transmitted, and may not incur any responsibility as a result of this information or Content or these suggestions, nor as a result of decisions made on the basis or under the influence of such content. Consequently, they may not entail liability on the part of Quiksilver, except in the event of proven fault resulting from the direct liability of Quiksilver and evidenced by a final court decision rendered under the law applicable to the Site and mentioned in clause 1 above.
Quiksilver does not guarantee that the Site, its Content, the servers that give access to it, and/or third-party sites that can be accessed using hyperlinks from the Site, are free of viruses or other components liable to cause material or personal damage. Quiksilver rejects all express or implied warranties, particularly any warranty of value, quality, correspondence with description or fitness of the Site or its downloaded Content for a particular purpose. Quiksilver does not guarantee that the use or the result of the use of the available elements through the Site will be correct, precise, appropriate, reliable or of any quality. In no event may Quiksilver be held responsible for loss of data or damage related to these data. Any information or advice provided by Quiksilver may not be interpreted as being any kind of warranty or commitment on the part of Quiksilver.
7. Access to the Site
Only Users authorised by Quiksilver who have received a password and username for the purpose of accessing the Site may do so. Password and username are strictly personal and their use is reserved for their holder.
8. Exploitation rights for Images
The images that are placed online on the Site remain the property of the copyright owners. The non-exclusive right to exploit these images is however granted to Users, in consideration for the strict respect of the exploitation terms and conditions for which provision is made in these general conditions of use. In no case may Users transfer or make available to third parties, whether free of charge or paid for, the exploitation rights of the images they have selected. Consequently, in particular, Users shall refrain from inserting the images in a format that allows them to be downloaded by third parties. In addition, in no case may the images be subject to modification, distortion, mutilation or additions.
The right to exploit the images exclusively comprises their reproduction in paper-based publications, newspapers, magazines, or digital publications, the Internet or television, exclusively for editorial purposes. Each image may only be subject to use once within a period of 3 months counting from the date of download on the Site. Exploitation of the images is authorised worldwide.
In no event may Users exploit the images for any other purpose than an editorial one.
Users undertake to strictly comply with the above exploitation limits for the Images. Any other use is subject to express prior authorisation from Quiksilver and the other successors.
9 Photo credits
Any use or reproduction of selected images must include the photo credit next to each image: "[photographer name/Quiksilver]".
10. Competent court
Any dispute relating to the execution or interpretation of these general conditions of use shall, failing amicable arrangement, be submitted to the Bayonne competent courts.
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