CONDITIONS OF USE
1. Your relationship with Lach'sport Factory
1.1 The use of the Lach'sport Factory website and all products and services are subject to the provisions of a contract between you and Lach'sport Factory SARL. "Lach'sport Factory" refers to a company whose registered office is located at: 1 chemin des Anémones 129 Châtelaine - Switzerland
1.2 This legally binding contract between you and Lach'sport Factory includes :
A. the general terms and conditions set out herein
B. Lach'sport Factory's personal data protection charter
C. The Rules of the Lach'sport Factory Communities (collectively referred to as the "Terms and Conditions")
1.3 The Terms are binding between you and Lach'sport Factory in relation to the use of the Services. It is important that you read them carefully.
1.4 The Terms apply to all users of the Lach'sport Factory information website and all services
2. Acceptance of the Conditions
2.1 In order to use the Services, you must first agree to the Terms and Conditions.
If you do not accept them, you will not be able to use the Services.
2.2 Your use of the Services shall constitute acceptance of these Terms You acknowledge and agree that Lach'sport Factory may consider your use of the Services as acceptance of its Terms, and this as soon as you use them.
2.3 You may not use the Services or accept the Terms if :
A. you are not of legal age to enter into a contract with Lach'sport Factory
B. if the laws of your country of residence or of the country from which you access or use the Services prohibit you from receiving or using the Services or prohibit such receipt or use
2.4 We advise you to print or save a copy of these Terms locally for your records
3. Language of the Conditions
3.1 If Lach'sport Factory provides you with an English translation of these Terms, it is provided for your convenience only but your relationship with Lach'sport Factory will be governed by the French language version of these Terms.
3.2 In the event of any discrepancy between the English version and the translated text of the Conditions, the French language version shall prevail
4. Changes in conditions
4.1 Lach'sport Factory reserves the right to modify the Terms and Conditions from time to time.
In the event of a change, a new copy of the Terms and Conditions will be available.
4.2 If you use the Services after the date of modification of the Terms, you acknowledge and agree that Lach'sport Factory considers such use as acceptance of these modified Terms.
4.3 We advise you to regularly consult these Terms and Conditions to be informed of any changes made
5. Lach'sport Factory accounts
5.1 To access the functions of the Website or other Services, you must create a Lach'sport Factory account.
When you create your account, you must provide complete and accurate information.
Make sure you keep your password secure and confidential.
5.2 You must immediately notify Lach'sport Factory of any security breaches or unauthorised use of your Lach'sport Factory account of which you become aware.
5.3 You acknowledge that you are solely responsible (to Lach'sport Factory and any third party) for any activity carried out from your Lach'sport Factory account.
6. General restrictions of use
6.1 Lach'sport Factory hereby authorizes you to access and use the Website and the Services, subject to compliance with the following conditions You acknowledge that your failure to comply with any of them constitutes a breach of these Terms :
A. You agree not to distribute all or part of the Website, including, without limitation, the Contributions (as defined below), in any medium, without the prior written permission of Lach'sport Factory.
B. You agree not to modify or alter any part of the Website or any of the Services.
C. you agree not to access the Contributions (as defined below) or any other content available on the Website (including Lach'sport Factory Content, as defined below)
D. you agree that you will not attempt to or do anything to circumvent, disable or otherwise interfere with any security related features of the Website or any feature that prevents or restricts use or copying of the Contributions or Lach'sport Factory Content or imposes limits on the use of the Website or the content accessible on the Website
E. you agree not to use the Website or any of the Services for commercial purposes without the prior written permission of Lach'sport Factory. Prohibited commercial uses include, but are not limited to :
1. reselling access to the Website or any of the Services to another website for the primary purpose of generating revenue through advertising or subscriptions
2. redistribution of the Services (including the Contributions accessible via the Services) primarily for the purpose of generating revenue through an activity substantially comparable or similar to that of Lach'sport Factory but does not include uploading an original video to Lach'sport Factory, maintaining an original channel on the Website for the purpose of promoting a commercial or artistic activity, or any use expressly authorized in writing by Lach'sport Factory ;
F. if you use the Lach'sport Factory Web Site, you must include a visible backlink to the Web Site on pages containing the in any way
G. you agree not to use or launch any automated system (including, without limitation, any robot, spider or offline reader with access to the Website) that sends more request messages to the Lach'sport Factory servers during a given period of time than a human being can reasonably produce during the same period of time using a standard (i.e., unmodified) publicly available Internet browser
H. you agree not to collect or gather any personal data about any user of the Website or any Service (and you acknowledge that this includes the name of Lach'sport Factory accounts)
I. you agree not to use the Website and the Services (including the comments and e-mail features on the Website) to solicit any business or business-related activity
J. You agree not to solicit users of the Website about their Contributions for commercial purposes.
6.2 You agree to abide by all other provisions of the Lach'sport Factory Community Terms and Rules at all times while using the Services.
6.3 Lach'sport Factory grants public search engine operators permission to use spiders to copy materials from the site for the sole purpose of creating publicly searchable indexes of such materials, but not caches or archives of such materials.
Lach'sport Factory reserves the right to revoke these exceptions either generally or in specific cases.
6.4 Lach'sport Factory is constantly innovating in order to offer the best possible experience to its users.
You acknowledge and agree that the form and nature of the Services offered by Lach'sport Factory may be changed from time to time, without prior notice.
6.5 As part of this ongoing innovation, you acknowledge and agree that Lach'sport Factory SARL may discontinue (permanently or temporarily) offering the Services (or any feature within the Services) to you and to users in general, in its sole discretion, without notice to you.
You may stop using the Services at any time. You are not required to specifically inform Lach'sport Factory when you stop using the Services.
6.6 You acknowledge that you are solely responsible (and that Lach'sport Factory shall have no liability to you or to any third party) for any breach of your obligations under the Terms and for the consequences of such breach. Translated with www.DeepL.com/Translator (free version)
7. Copyright Protection Policy
7.1 Lach'sport Factory implements a clear copyright protection policy for all Contributions that are alleged to infringe the copyright of a third party.
This right or these rights are applicable to all creations even if, of course, they do not specifically concern photography. In case of legal dispute between an author finding a violation of his copyright and Lach'sport Factory will be able to transmit the coordinates of the fraudulent user for possible legal proceedings.
7.2 As part of Lach'sport Factory's copyright protection policy, Lach'sport Factory will terminate a user's access to the Website if that user is a repeat infringer.
A repeat infringer is a user who has been notified more than twice of an infringing activity.
8. Lach'sport Factory content on the website
8.1 With the exception of the Contributions, all other content available on the Website including, without limitation, text, software, scripts, graphics, photos, sound, music, video and interactive features on the Website (the "Lach'sport Factory Content") is the property of Lach'sport Factory or is licensed to Lach'sport Factory and is protected by copyright, trademark and other intellectual property rights owned by Lach'sport Factory or its licensors. All third party trademarks contained in the Lach'sport Factory Content are the trademarks of their respective owners.
8.2 Lach'sport Factory Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any purpose without the prior written consent of Lach'sport Factory or its licensors. Lach'sport Factory reserves all rights not expressly granted in the Lach'sport Factory Content.
9. Links from Lach'sport Factory
9.1 The Services may contain hyperlinks to other websites that are not owned or controlled by Lach'sport Factory.
Lach'sport Factory has no control over the content, personal data protection charters or practices of third party sites and declines all responsibility in this regard.
9.2 You acknowledge and agree that Lach'sport Factory is not responsible for the availability of such external sites and resources and does not endorse any advertising, products or other materials on or available from such external sites or resources.
As an example, these sites can host editorial content, videos, presentations, sound tracks, etc...
9.3 You acknowledge and agree that Lach'sport Factory shall not be responsible or liable for any loss or damage that you may incur as a result of your access to, or reliance on the completeness, accuracy or existence of any advertising, products or other materials on or available from such external sites or resources.
9.4 Lach'sport Factory encourages you to be vigilant when you leave the Website and to read the general conditions and principles of personal data protection of the other sites you may visit.
9.5 In the event of disputes regarding content hosted by these intermediary services, you may contact the user services of the sites concerned. Translated with www.DeepL.com/Translator (free version)
10. Termination of your relationship with Lach'sport Factory
10.1 These Terms will continue to apply until they are terminated by you or by Lach'sport Factory under the conditions set out below.
10.2 If you wish to terminate your legally binding contract with Lach'sport Factory, you may do so either (a) by notifying Lach'sport Factory at any time, or (b) by closing your Lach'sport Factory account. Your notice must be in writing to the Lach'sport Factory address set forth at the top of these Terms and Conditions.
10.3 Lach'sport Factory may terminate your contract at any time if :
A. you fail to comply with any of the provisions of these Terms (or act in a way that clearly shows that you do not intend or are unable to comply with the provisions of these Terms)
B. Lach'sport Factory is required to do so by law (for example, if the provision of the Services to you is or becomes illegal)
C. Lach'sport Factory is preparing to stop providing the Services to users in your country of residence or in the country where you use the Services.
D. the provision of Lach'sport Factory's Services to you is no longer commercially viable from Lach'sport Factory's point of view
10.4 Upon termination of the Terms, all rights, obligations and liabilities to which you and Lach'sport Factory have been subject or to which you and Lach'sport Factory are subject (or which have accrued over time during the term of the Terms) or which are intended to continue indefinitely, shall not be affected by such termination and the provisions of Section 13.6 shall continue to apply indefinitely to such rights, obligations and liabilities.
11. Disclaimer of Warranties
11.1 Nothing in these Terms will affect any statutory rights to which you may be entitled as a consumer or your right to refuse to contractually modify or waive such rights.
11.2 The Services are provided on an "as is" basis and Lach'sport Factory makes no representations or warranties with respect thereto.
11.3 In particular Lach'sport Factory does not represent or warrant that :
A. the use of the Services will meet your needs
B. your use of the Services will be uninterrupted, timely, secure or error-free
C. any information obtained by you using the Services will be accurate or reliable
D. defects in the operation or functionality of any software provided to you as part of the Services will be corrected; and
11.4 Except as expressly provided in these Terms, no conditions, warranties or other provisions (including any implied warranties of satisfactory quality, fitness for a particular purpose or conformance with description) apply to the Services. Translated with www.DeepL.com/Translator (free version)
12. Limitation of Liability
12.1 Nothing in these Terms shall limit or exclude the liability of Lach'sport Factory for losses which cannot be excluded or limited under applicable law.
12.2 Subject to the general provision of Section 13.1 above, Lach'sport Factory shall not be liable to you for :
A. any indirect or consequential damages that may be caused to you, including any loss of profit (whether caused directly or indirectly), loss of goodwill or business reputation, or loss of data that you may suffer
B. any loss or damage you may suffer as a result of : 1. reliance on the completeness, accuracy, or existence of any advertising or resulting from any relationship or transaction between you and any advertiser or sponsor advertised on the Services; 2. any changes that Lach'sport Factory may make to the Services or any temporary or permanent discontinuance in the provision of the Services (or the features offered as part of the Services); 3. the deletion, corruption or failure to store any Contributions and other communications data maintained or transmitted through your use of the Services; 4. your failure to provide accurate account information to Lach'sport Factory; 5. your failure to keep your password or Lach'sport Factory account information secure and confidential; 6. your failure to use the Services in a manner consistent with any unauthorized use of the Services; 7. your failure to provide any information about yourself or your business to Lach'sport Factory; or 8. your failure to provide any information about yourself or your business to Lach'sport Factory.
12.3 The limitations of Lach'sport Factory's liability to you set out above will apply whether or not Lach'sport Factory was advised of the possibility of such losses occurring or should have been aware of them.
12.4 Lach'sport Factory shall not be liable for any content concerning the user that is stored in the memory of robots and search engines such as google.
For any complaints concerning these archives, the user is entitled to contact the search engine or robot concerned.
13. General Provisions
13.1 These Terms constitute the entire agreement between you and Lach'sport Factory with respect to your use of the Services and supersede in their entirety any prior agreements between you and Lach'sport Factory with respect to the Services.
13.2 You agree that Lach'sport Factory may provide you with notices, including those modifying these Terms, by email, regular mail or posting on the Website.
13.3 You acknowledge that failure by Lach'sport Factory to exercise or enforce any right or remedy provided in these Terms (or available to Lach'sport Factory under any applicable law) shall not constitute a formal waiver by Lach'sport Factory of its rights, and such rights and remedies shall remain valid and enforceable against Lach'sport Factory.
13.4 If any provision of these Terms is found by a court of competent jurisdiction to be invalid, such provision shall be deleted without affecting the other provisions of the Terms. The remaining provisions shall remain valid and enforceable
13.5 You acknowledge and agree that each member of the group of companies to which Lach'sport Factory belongs is considered to be a third party beneficiary of the Terms and that such other companies are entitled to directly enforce and rely on the provisions of these Terms from which they benefit. Except as provided herein, no other person or company shall be considered a third party beneficiary of these Terms.
13.6 These Terms and your relationship with Lach'sport Factory under these Terms shall be governed by Swiss law. You agree with Lach'sport Factory to submit to the exclusive jurisdiction of the Swiss courts in the event of any dispute arising out of these Terms.
Notwithstanding the foregoing, you acknowledge that Lach'sport Factory may seek protective measures (or any emergency measure or equivalent injunction) from the courts of any country.