GENERAL CONDITIONS OF USE "#ShareTheSneakerSpirit"

In the context of "#ShareTheSneakerSpirit" (hereinafter "the Operation"), the Courir Group (hereinafter referred to as "Courir") has joined forces with the company Baazarvoice, and its Curalate tool, to select and use the content of users on social networks, and in particular their photographs, video and/or associated descriptions

The agreement given by the User to the reproduction of their content implies acceptance of these General Conditions of Use (hereinafter referred to as "GCU"). These GCU supplement the "Customer Personal Data Protection Charter" and the "General Terms and Conditions" available on the website www.courir.com, which remain fully applicable.

ARTICLE 1. PURPOSE OF "#ShareTheSneakerSpirit"


1.1« #ShareTheSneakerSpirit » allows Courir to select and then distribute photographs and videos posted by Users on social networks (hereinafter the "Posts"), once they have identified Courir on their publication (hereinafter the "Users") in which they are partly adorned and/or dressed in products marketed by Courir.

1.2The Posts also allow Internet users to be able to find the products which form part of the outfit created by the User on the Courir website. Also, if these products are still available for sale, they will be identified via a product tag feature in each publication selected and distributed within the galleries.

ARTICLE 2. THE "#ShareTheSneakerSpirit" POSTS


2.1The use of Posts by Courir and their reproduction within the framework of "#ShareTheSneakerSpirit" is subject to the prior identification by Courir, through @courir. The Post must highlight products marketed by Courir in order to be eligible for selection by Courir to take part in the Operation.

2.2This platform is public and, therefore, it is understood by the Parties that any Post published is potentially visible to all users browsing the Internet.

2.3Posts made in the context of "#ShareTheSneakerSpirit" must not contain:

  • e-mail addresses, URLs, telephone numbers, postal addresses or other information (surname, first name, etc.) which would allow the User to be identified from their Post;
  • elements that are distinctive, obtrusive or objectively identifiable, and in particular no jewellery, accessories, works of art, monuments or brands;
  • representation of minors, real or fictitious.

2.4This platform may not be used as a distribution medium for content that violates good morals, public order, the rights of others or applicable laws and regulations, such as in particular:

  • representations, remarks or messages of a defamatory, abusive, obscene, racist or offensive nature or which mention illegal activities in whatever form;
  • any abuse in the exercise of freedom of expression, such as representations, comments consisting of systematic or non-objective criticism, or comments of a disparaging or malicious nature;
  • content that is of a violent or pornographic nature, or that is likely to undermine respect for the human person or their dignity, equality between women and men, or the protection of children and adolescents;
  • representations, comments or messages inciting the committing of crimes and offences, violence, discrimination or racial hatred;
  • the theft of a photograph, name, email or company name;
  • the total or partial inclusion of content protected by an intellectual property right or a literary and artistic property right, as well as the personality rights for which the users do not have rights, as well as messages constituting infringement of a registered trademark.

More generally, Posts must not be contrary to these GCU, to the conditions of use of the www.courir.com website and must not harm the Courir brand image or its commercial policy or that of its partners.


2.5 Courir reserves the right to remove, at any time and without notice, any Post that does not comply with these GCU.

ARTICLE 3. USE OF POSTS


3.1The use of Posts by Courir and its reproduction within the framework of "#ShareTheSneakerSpirit" is subject to the prior and express authorisation of the User. This permission is requested by Courir through a comment posted in the comment section of the User's post. User acceptance, characterised by responding to the comment with the words "#YesCourir" implies the complete cession of rights to Courir. Subsequently, Courir may freely dispose of the photographic or video content in question, under the conditions set out below.
At any time, a User can have their Post deleted by contacting Customer Service using the contact details and opening hours indicated in the "Contact us" section of the Courir website.

3.2Assignment of image rights
By their acceptance, Users expressly and free of charge authorise Courir to use their image on the Posts published within the framework of "#ShareTheSneakerSpirit".
Consequently, Courir is expressly authorised to reproduce, use, attach, copy, represent, publish, distribute, edit, adapt, modify, transform and retouch the Posts, by any process known or unknown to date, in any quantity and on all media, for any use for internal or external communication, promotional and commercial purposes of the Courir brand as part of "#ShareTheSneakerSpirit", and in particular:

  • on Courir sites and applications;
  • on newsletters and in all communications made to Courir customers;
  • on all media, paper, magnetic, digital, television or online, and in particular, without this list being exhaustive, all catalogues and all advertising or commercial promotion editions, all editions by any publisher or broadcaster, all reports or films for digital transmission on the Internet, with any adaptations or translations in French, English or any other recognised language around the world;

By their acceptance, Users declare that they are not bound by an exclusive contract relating to the use of their image, their name or pseudonym. Users declare to be of legal age, to be authorised and to have full capacity to grant this authorisation
This authorisation is valid for the whole world for five (5) years from the date when Courir first puts makes the photographs available online. It is understood that Courir does not in any way undertake to keep the publications online for the entire duration referred to above, but that this constitutes a maximum duration of use.

Users can withdraw this authorisation at any time by contacting Customer Service using the contact details and opening hours indicated in the "Contact us" section of the Courir website.
This authorisation is governed by French law.

3.3Intellectual property rights
Users grant Courir a non-exclusive, worldwide licence on the Posts, free of charge, non-concessional and non-transferable, for a period of five (5) years from their publication by Courir, on all media, in any format and by all means and in unlimited quantities for all the modes and uses mentioned above.
Courir may temporarily suspend or cease the exploitation of all or part of the Posts without this constituting a waiver of this authorisation.
This licence covers all intellectual property rights in photographs, including copyright (namely the right of reproduction, representation, adaptation and translation), for all modes of use, including for internal or external communication, marketing, marketing development, promotion and advertising purposes, on all existing and future media, in any format and by any means, without limitation of any kind, worldwide.

3.4Guarantees
The User expressly declares that they are the sole author of the photographs or videos they post and, where applicable, that they have obtained from any third party intervening or involved in the making of the photographs, directly or indirectly and for any reason whatsoever (including any third party owner of property), the authorisations necessary for the use, reproduction and representation of the photographs by Courir within the framework of the "#ShareTheSneakerSpirit" and for the media and uses defined herein GCU.
The User guarantees that the photographs and videos, as well as the Pseudonym, do not infringe the rights of third parties and in particular intellectual property rights (literary and artistic property rights and industrial property rights) as well as personality rights and in particular image rights.
In the event that third parties other than the User appear in the Post, the User guarantees that they have obtained their express prior consent for use under the conditions defined in these GCU. In any case, the User guarantees that no minor appears in the Posts without having obtained the consent of their guardian.

ARTICLE 4. RESPONSIBILITIES OF INTERNET USERS


4.1Internet users refrain from using "#ShareTheSneakerSpirit" for propaganda, prospecting, unsolicited messages of an advertising nature, soliciting or proselytising, for professional, commercial or political purposes (advertisements, content "spam" or references to other products, commercial offers or Internet sites…) or more generally, which would be contrary to the regulations in force.

4.2Internet users are also prohibited from hindering or disrupting the operation of "#ShareTheSneakerSpirit".

ARTICLE 5. SIGNALLING


5.1Internet users can notify Courir of any inappropriate Post by contacting Customer Service using the contact details and opening hours indicated in the "Contact us" section of the Courir website.

5.2On receipt of this notification, Courir reserves the right to optionally delete the reported Posts from its website, in particular if they do not comply with the regulations in force or the terms of these GCU.

ARTICLE 6. INTELLECTUAL PROPERTY OF "#ShareTheSneakerSpirit


The texts, graphics, software, music, sounds, photographs, images, videos, databases and any other work present on the Posts made within the framework of "#ShareTheSneakerSpirit" are protected by the code of intellectual property.

Internet users undertake not to use, reproduce or represent them, in whole or in part, on any medium whatsoever, without the express written consent of Courir and not to extract data from databases used on Courir sites.

ARTICLE 7. PERSONAL DATA


The processing of personal data of "#ShareTheSneakerSpirit" Users is governed by the personal data protection charter, available on the website www.courir.com.

The information provided by the User is intended for Courir only in order to manage the publication of Posts on "#ShareTheSneakerSpirit". This information (photograph, video, pseudonym) is required for the proper publication of the Posts. Otherwise, said publications cannot be guaranteed.

This information is kept for a limited period of 5 years maximum from its publication by COURIR, corresponding to the purpose of the processing. At the end of this period the data will be permanently deleted from our systems.

In line with the French Data Protection Act and European law on personal data protection, you have the right to access, correct and object to certain uses of your personal data, and to have it deleted.

You can exercise these rights by writing to serviceclient@courir.com, attaching a photocopy of an identity document.

For more information on the processing of your personal data, you can consult our policy by clicking here.

The processing of Users' personal data by the social network on which Courir has been identified is governed by the personal data protection policy of said social network, to which Courir refers you.

ARTICLE 8. INDEMNIFICATION


Users remain the full owner of the content and therefore undertake to guarantee Courir and its partners against all complaints, claims and actions taken by third parties, based on or originating because of the Posts and their content published on "#ShareTheSneakerSpirit". They undertake to hold Courir unharmed in the event of a financial conviction imposed on it under a judicial decision or as part of a transactional agreement relating directly or indirectly to a Post carried out as part of the Operation

ARTICLE 9. GENERAL


9.1Modifications
Courir reserves the right to modify these general conditions of use at any time without notice. If Courir decides to modify these terms of use, Courir will post a new version of the terms of use at www.courir.com. To be informed of these possible changes, Courir advises browsers and Users to regularly consult the general conditions of use. Use of "#ShareTheSneakerSpirit" will be subject to the terms and conditions in effect at the time of use.

9.2Completeness
In the event that a provision of these conditions of use is deemed invalid or void by a court of competent jurisdiction, or due to a change in legislation or regulations, the nullity of this provision does not affect the validity of the other provisions of these conditions of use, which remain in force.

9.3Applicable law and competent jurisdiction
These GCU are subject to French law.
Any litigation or dispute to which the execution of this operation could give rise and which cannot be settled by amicable agreement within the framework of the conciliation procedure, will fall under the exclusive jurisdiction of the Commercial Court of Paris, notwithstanding plurality of defendants or call in guarantee, even for emergency proceedings or conservatory proceedings, in summary proceedings or by request.
For any information, you can contact Customer Service from the "Contact us" section of the Courir website.



Last updated: 30 April 2021