Conditions of use of the Website and participation in the e-Coaching Operation
Updated on April 22, 2020

 

Tennis eCoaching, a limited liability company with a single shareholder, whose head office is located at 3550 route des Dolines, 06410 Biot, registered in the Antibes Trade and Companies Register under the number 829 921 311 (hereinafter “MDC“) is the publisher of the website tennis-ecoaching.com (hereinafter the “Website“).

Article 1 – Scope and purpose

The present Conditions of Use of the Website and participation in the e-Coaching operation (hereinafter, the “Terms of Use“) are intended to set the terms and conditions under which any person (hereinafter the “User“) makes tennis videos available to MDC via the Website in order to allow MDC to train and improve the artificial intelligence models that make up the tennis e-coaching application created and imagined by MDC and thus to be able to make available to all the tennis e-coaching application of tomorrow (hereinafter the “e-Coaching Operation“).

These Terms of Use are completed by the Privacy Policy accessible on the Website via tennis-ecoaching.com.

Before using the Website and taking part in the e-Coaching Operation, the User undertakes to carefully read the present Terms of Use, of which he accepts all the terms by means of the check box appearing on the home page.

Article 2 – Obligations of the User

The User expressly declares that he/she has full legal capacity to enter into this contract and to participate in the e-Coaching Operation, i.e. that he/she is of legal age, is not under guardianship or curatorship, or is an emancipated minor.

In general, and without this list being considered as exhaustive, the User shall refrain from :
– Download, reproduce, record, capture and/or copy, by any process or means, the content of the Website and in particular the photographs and/or videos offered therein;
– Upload, send, transmit, in any manner whatsoever, any illegal or infringing content, any advertising, any unsolicited and unauthorized promotional material, as well as any computer virus, code, file or program designed to interrupt, destroy or limit the functionality of the Website and/or the servers, networks or networks connected to the services ;
– Make or utter remarks or disseminate, in any form whatsoever, content such as, but not limited to, photos, videos, descriptions, comments (hereinafter the “User Content”) infringing intellectual property rights or the rights of others or of a defamatory, abusive, obscene, offensive, violent or inciting to violence, of a political, racist or xenophobic nature and, in general, any content contrary to the laws and regulations in force.

The User is solely responsible for all the information, content and data that he downloads from the Website.

In the event that the User provides false, inaccurate, outdated or incomplete information or infringes upon the rights of third parties (right to image, invasion of privacy, denigration…), MDC is entitled to refuse him/her, immediately and/or for the future, access to all or part of the Website and/or the services that will be offered on the tennis e-coaching application.

In the event that MDC is held liable due to a breach by the User of its obligations under the terms of the law and/or these Terms of Use, the User undertakes to guarantee and indemnify MDC for all amounts, costs, damages and interest resulting from any conviction or sanction pronounced against it originating from the User’s breach or violation of these Terms of Use.

Article 3 – Intellectual Property

3.1 Ownership of the Website and MDC Content

All elements and content appearing on the Website, as well as texts, graphics, visuals, logos, trademarks, names, sounds, drawings, domain name software, photo and video content (hereinafter the “MDC Content(s)“) are protected by intellectual property law and are the exclusive property of MDC and/or are licensed to MDC and may not be reproduced, used or represented without the prior written authorisation of MDC, including to create derivative works, under penalty of legal proceedings.

In particular, the User is not authorised to download, copy, alter, modify, adapt, delete, distribute, transmit, broadcast, sell, rent, lease, grant or exploit the MDC Website and the MDC Contents in whole or in part in any way whatsoever, without the express, written and prior agreement of MDC.

Any other use of the Website or MDC Content constitutes an infringement and is punishable under intellectual property law, unless prior, express and written authorisation is obtained from MDC.

3.2 License to User Content

Within the framework of the e-coaching Operation conducted by MDC aiming at acquiring videos in order to train the artificial intelligence models composing the MDC tennis e-coaching application, the User will be led to film himself/herself and to download User Content such as, but not limited to, videos, on the Website.

The User undertakes to ensure that the User Content downloaded by him/her from the Website does not infringe the rights of third parties, and in particular intellectual property rights (in particular trademarks, copyright, models), personal rights (in particular defamation, offenses, insults, denigration, harassment, etc.) or the rights of third parties (in particular the right to access, modify, delete, modify or delete any information contained in the Website), respect for private life (including the right to the image of third parties), public order and morality (in particular apology for crimes against humanity, incitement to racial hatred, violation of human dignity, violence against animals, violent or degrading images, etc.) and, more generally, the applicable regulations in force and the usual rules of politeness and courtesy.

It is specified that MDC shall in no way be liable to Users or any third party for the User Content or its accuracy. In this respect, the User guarantees that (i) the User Content provided by him/her on the Website does not violate any third party rights, including intellectual property rights; (ii) in the event that the person appearing on the User Content is not the User himself/herself, the User has the authorisation of the person appearing on the User Content to download the User Content on the Website and thus the User Content does not violate the image rights of third parties.

The User agrees to indemnify MDC for all costs, damages, indemnities incumbent upon MDC due to any of its User Content.

By communicating User Content, and in particular a video, via the Website as part of the e-Coaching Operation, the User grants MDC a free, non-exclusive, transferable, sub-licensable and worldwide license to host, use, execute, copy, translate, modify, create derivative works from and exploit the User Content, in any form and on any medium whatsoever, for the maximum duration of the applicable intellectual property rights.

This license is granted to MDC solely (i) for the purpose of analysis so that MDC may use the User Content to improve its technology and train the artificial intelligence models composing its tennis e-coaching application; (ii) for the purpose of improving the functionality of its tennis e-coaching application; and (iii) for the purpose of exploitation and marketing of its tennis e-coaching application.

This license does not include the right and, in any event, MDC is prohibited from:
– disseminate or make public the User Content;
– make User Content available to third parties for purposes other than those mentioned above;
– to market the User Content as such, outside the framework of the tennis e-coaching application and the conditions described above.

In return for the provision of the User Content and to thank the User for contributing to the training of artificial intelligence models and thus to the improvement of the functionalities of the e-coaching application, MDC undertakes to make available to the User the reward mentioned on the Website, namely:
– fifteen (15) days of free subscription as soon as the e-coaching application is put online.

Article 4 – Protection of personal data

The downloading of videos on the Website involves the processing of personal data.
For more information on the processing of data, the User is invited to consult the Privacy Policy accessible via the following link.

Article 5 – Miscellaneous provisions

5.1 Assignment

MDC may assign, in whole or in part, all the rights and obligations attached to these Terms of Use, to any third party, without prior written consent of the User, in particular in the event of the transfer of a branch of activity, merger by incorporation of a new company, merger absorption, demerger or any change of control affecting MDC.

5.2 Contractual documents

These Terms of Use constitute the entire agreement between MDC and the User with respect to the access and use of the videos, and supersede any prior agreement between the User and MDC having the same purpose.

Article 6 – Applicable claim, law and jurisdiction

The contract formed by the acceptance of these Terms of Use is subject to French law. If the User is a consumer and his habitual residence is located in a country of the European Union, the User also benefits from rights protecting him under the mandatory provisions of the applicable law of his country of residence.

The parties undertake to seek an amicable settlement to any claim or dispute that may arise between them prior to any legal action or recourse to a mediation procedure.

In the absence of an amicable agreement, the French courts will have sole jurisdiction.

Article 7 – Contacting MDC

The User may obtain information or ask questions by writing to: support-ecoaching@mouratoglou.com