General Terms and Conditions – Myskirent.com
Effective date: September 23rd 2016
These general terms and conditions (hereafter the “T&Cs”) govern the services made available on the website www.myskirent.com (hereafter the “Website”).
The Website is operated and the services are provided by Amer sports , a Finnish company whose registered office is Konepajankuja 6, P.O. Box 1000
00511 Helsinki, Finland.
Editor: Amer Sports Corporation, Aleksis Kiven katu 17 A, P.O. Box 1000, 00511, Helsinki, Finland, phone number +358 20 712 2500, business identity code 0131505-5, capital: 292 200 000 euros
Publishing Director: Marcel Korner
Hoster: The Website is hosted by OVH https://www.ovh.com/fr OVH – 2 rue kellermann BP 80157 59053 ROUBAIX CEDEX 1 – France
The users of the Website shall be referred to hereinafter individually as the “User”.
“Amer Sports” refers to Amer Sports Corporation, including all its group companies, affiliates and subsidiaries from time to time. Access and use of the Website entails the express and full acceptance of these T&Cs by the User.
These T&Cs may be amended at any time. In such case, the access and use of the Website after the date of the amendment shall entail express and full acceptance of the T&Cs as amended.
1.1. The Website provides the User a tool to find an appropriate rental store for rental winter sports equipment, based on its localization, on a selection of criteria and community based recommendations.
This Website is provided solely to assist Users in gathering rental information, posting reviews of rental store for rental winter sports equipment related issues, engaging in interactive forums about rental store of winter sports equipment, and searching for rental store, and for no other purposes.
1.2. Each rental store proposed can be described on the Website with for example its types of products (ski, snowboard, cross-country ski, etc.) and categories (premium, standard, excellence etc.). It is specified that photographs and details are provided for information, they are given as an example and are not contractually binding, for example if the equipment is not available in the Shop.
2. Links to third-Party sites
This Website may contain hyperlinks to websites operated by parties other than Amer Sports. Such hyperlinks are provided for reference only. Amer Sports does not control such websites and is not responsible for their contents or the privacy or other practices of such websites. Further, it is up to the User to take precautions to ensure that whatever links he selects or software you download (whether from this Website or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. The inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators. In some cases the User may be asked by a third party site to link his profile on Amer Sports to a profile on another third party site. Choosing to do so is purely optional, and the decision to allow this information to be linked can be disabled (with the third party site) at any time.
3. Reviews, comments and use of other interactive areas
Amer Sports appreciates hearing from the User. The User undertakes to be objective and to submit a content based on its own experience and its genuine opinion. By submitting content to this Website by email, postings on this Website or otherwise, including any rental store reviews, questions, photographs or videos, comments, suggestions, ideas or the like contained in any submissions (collectively, “Submissions”), the User grants Amer Sports and its affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised, for any purpose; and (b) use the name that the User submit in connection with such Submission. The User acknowledges that Amer Sports may choose to provide attribution of the comments or reviews at its discretion. The User further grants Amer Sports the right to pursue at law any person or entity that violates its or Amer Sports’s rights in the Submissions by a breach of this Agreement. The User acknowledges and agrees that Submissions are non-confidential and non-proprietary.
This Website may contain discussion forums, bulletin boards, review services or other forums in which you or third parties may post reviews of travel experiences or other content, messages, materials or other items on this Website (“Interactive Areas”). If Amer Sports provides such Interactive Areas, the User is sole responsible for his use of such Interactive Areas and use them at his User own risk. By using any Interactive Areas, the User expressly agrees not to post, upload to, transmit, distribute, store, create or otherwise publish through this Website any of the following:
a. Any message, data, information, text, music, sound, photos, graphics, code or any other material (“Content”) that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, defamatory, fraudulent or otherwise objectionable;
b. Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law and regulations;
c. Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
d. Content that impersonates any person or entity or otherwise misrepresents the User’s affiliation with a person or entity, including Amer Sports;
e. Unsolicited promotions, political campaigning, advertising, contests, raffles, or solicitations;
f. Private information of any third party, including, without limitation, surname (family name) addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
g. Viruses, corrupted data or other harmful, disruptive or destructive files;
h. Content that is unrelated to the topic of the Interactive Area(s) in which such Content is posted; or
i. Content or links to content that, in the sole judgment of Amer Sports, (a) violates the previous subsections herein, (b) is objectionable, (c) which restricts or inhibits any other person from using or enjoying the Interactive Areas or this Website, or (d) which may expose Amer Sports or its affiliates or its Users to any harm or liability of any type.
Amer Sports takes no responsibility and assumes no liability for any Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Amer Sports liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, Amer Sports is not liable for any statements, representations or Content provided by its Users in any public forum, personal home page or other Interactive Area. Although Amer Sports has no obligation to screen, edit or monitor any of the Content posted to or distributed through any Interactive Area, Amer Sports reserves the right, and has absolute discretion, to remove, screen, translate or edit without notice any Content posted or stored on this Website at any time and for any reason, or to have such actions performed by third parties on its behalf, and the User is solely responsible for creating backup copies of and replacing any Content the User post or store on this Website at the User’s sole cost and expense.
If it is determined that the User retains moral rights (including rights of attribution or integrity) in the Content, he hereby declares that (a) he does not require that any personally identifying information be used in connection with the Content, or any derivative works of or upgrades or updates thereto; (b) the User has no objection to the publication, use, modification, deletion and exploitation of the Content by Amer Sports or its licensees, successors and assigns; (c) the User forever waives and agrees not to claim or assert any entitlement to any and all moral rights of an author in any of the Content; and (d) the User forever releases Amer Sports, and its licensees, successors and assigns, from any claims that the User could otherwise assert against Amer Sports by virtue of any such moral rights.
Any use of the Interactive Areas or other portions of this Website in violation of the foregoing violates the terms of this Agreement and may result in, among other things, termination or suspension of the User’s rights to use the Interactive Areas and/or this Website.
4. Intellectual Property
4.1. The User acknowledges that the Website and its content, which includes text, software, designs, graphics, logos, trademarks, photos, sounds, music, videos, applications, interactive features and all other content (hereafter the “Content”) is protected under intellectual property rights and is owned by, or licensed to Amer Sports or its co-contractors.
4.2. The User is only authorized to access and use the Website and its Content, for its personal use.
4.3. The User is not authorized to download, copy, alter, modify, adapt, delete, distribute, transfer, broadcast, sell, resell, license all or part of the Website or its Content, in any way whatsoever.
Additionally, the User agrees not to:
• (i) use this Website or its Content for any commercial purpose;
• (ii) access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
• (iii) violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;
• (iv) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
• (v) deep-link to any portion of this Website for any purpose without our express written permission; or
• (vi) “frame”, “mirror” or otherwise incorporate any part of this Website into any other website without our prior written authorization.
• (vii) attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Amer Sports in connection with the Website or the services.
5.1. Amer Sports undertakes to make its best efforts to keep the Website accessible 7 days a week, 24 hours a day. However, Amer Sports makes no commitment as to the permanent availability and accessibility of the Website and does not guarantee that the Website is free of errors. Indeed, Amer Sports may find itself obligated to temporarily suspend the partial or total access to the Website, particularly for technical maintenance reasons, without this entailing any liability for Amer Sports.
5.2. It is also specified that the internet network and the IT and telecommunications systems are not free of errors and that interruptions and malfunctions may occur. Amer Sports does not provide any guarantee in this respect and cannot be held liable for any damage inherent in said uses of the internet network and IT and telecommunications systems.
Amer Sports shall not be held liable for the performance or non-performance of any possible agreement entered into by the User and the rental store.
5.3. The User is liable for any direct or indirect damage arising under or in connection with the use of the Amer Sports website tool to find the right rental store.
5.4. The User is the sole judge of the rent store which is the most suitable for him. Amer Sports reminds the User that winter sports can be dangerous activities which are exercised under his/her sole responsibility. Amer Sports cannot be held liable for any damage suffered by the User when practicing such activities and using the equipment rent to a rent store featured on Amer Sports Website.
5.5. These T&Cs set out the full extent of Amer Sports’ obligations and liabilities in respect of the Website and services. To the extent permitted by applicable law, there are no other warranties, conditions or other terms that are binding on us than the ones mentioned in these T&Cs. In particular, Amer Sports will not be responsible for ensuring that the website and the services are suitable for the purposes of the User.
5.6. Amer Sports shall not be liable whether in contract, tort or otherwise for any economic losses (including without limitation loss of income, loss of profits, loss of contracts, business or anticipated savings), loss of data, loss of goodwill or reputation or for any special, indirect, consequential or punitive loss or damage of any kind howsoever arising. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to the User.
6.2. The data collected will be processed by Amer Sports for the following purposes:
– sending commercial literature by post and/or email;
– answering to the User’s questions;
– taking part in a raffle draw for a prize.
6.3. The User is entitled to access and correct his/her personal data that is held by Amer Sports. The User may exercise these rights by writing to the following address:
Amer Sports Corporation
Or directly on our website: htt://www.myskirent.com/en/contact-us or by email: firstname.lastname@example.org
6.4. If the User has consented to it, Amer Sports may transfer his/her personal data to the Amer Sports group and any affiliate of such group for marketing purposes.
6.5. Notice and take-down of illegal contents
Amer Sports operates according to the principle of” Notice and take-down “. In case of complaint or in case you have any objection regarding elements or contents placed on the Site, or if you think that elements or contents placed on the Site infringe any copyright, please contact us immediately. Amer Sports will, as far as possible, try hard to delete the illegal contents as soon as possible.
7. Miscellaneous provisions
7.1. Amer Sports may subcontract part of its obligations set out in these T&Cs.
7.2. Amer Sports may assign or otherwise transfer these T&Cs as well as all its rights and obligations under them, to any third party, without the User’s prior written consent. The User may not assign, sub-license or otherwise transfer any of their rights or obligations under these T&Cs.
7.3. Should any of the provisions in these T&C’s be considered void or invalid and declared such pursuant to any law, regulation or following a final decision of a competent court, all other provisions in these T&Cs shall remain unaffected and continue in force.
7.4. If the User breaches these T&Cs and Amer Sports chooses to ignore such breach, Amer Sports will still be entitled to use its rights and remedies at a later date or in any other situation where the User breaches the T&Cs again.
7.5. These T&Cs are governed by French law. In the event of dispute, the User and Amer Sports shall attempt to resolve the dispute by mediation or any other amicable solution. If the User and Amer Sports are unable to do so, the dispute shall be subject to the non-exclusive jurisdiction of the courts of France. Nothing in this paragraph shall deprive the User of the right to bring or defend proceedings in his/her home state nor of the protection afforded to the User by the mandatory rules of law of the country in which he/she lives.