This Website is published by:
Manufacture Française des Pneumatiques Michelin
Place des Carmes Déchaux
63040 Clermont-Ferrand Cedex 9
Telephone: (33) 4 73 32 20 00
Fax: (33) 4 73 32 63 81A
French limited partnership with share capital (Société en commandite par actions) – registered capital of €504,000,004.
Clermont-Ferrand Trade and Companies Registry No. 855 200 507
SIREN No. 855 200 507
Intracommunity VAT No. FR33855200507
Please read this legal information carefully before browsing this Website.The Michelin group companies have their own legal existence and an autonomous legal personality. Nevertheless, to facilitate the communication of information on said Website, the following terms may be used: “Michelin”, “Group”, “Michelin group” and “us”; said terms are used to designate all Michelin group companies, each of which carries on its operations independently.
ARTICLE 1: PURPOSE
The purpose of this information is to define the terms and conditions in which Michelin publishes the Website and the terms and conditions in which you may access and use said Website. All connections to the Website are subject to compliance with this legal information that Michelin reserves the right to change or update at any time. Access and use of the Website entails your acceptance of this legal information and the Standard Terms of Sale in the event of sale on line and your consent to Michelin practices relating to confidentiality and protection of personal data.
ARTICLE 2: ACCESS TO THE WEBSITE
Michelin shall endeavour to maintain accessibility to the Website, without however being bound by any obligation to guarantee access. It is specified that for purposes of maintenance, updating and for any other reason, in particular, of a technical or legal nature, access to the Website may be modulated or event interrupted. Michelin shall not under any circumstances be held liable for said interruptions and any resulting consequences for you.You undertake not to fraudulently access the Website and, in particular, the inter-active services or the e-commerce gateway, if such services exist.
ARTICLE 3: INTELLECTUAL PROPERTY RIGHTS
The content (which shall include but not be limited to information, texts, graphs, data, images, photos, visuals, videos and sound tapes as well as the form of all said elements and the Website itself) are protected under copyright and/or other intellectual property rights. The content is the exclusive property of its respective publishers. Any full or partial copy, reproduction, presentation, use, adaptation, alteration, modification, translation, circulation of the content, whether it belongs to Michelin or to a third party that granted rights to Michelin, by any process whatsoever, is illegal, apart from the restricted rights granted to you under Article 4 below and/or any private copy reserved for the sole use of its holder. The content on this Website may be changed without notice and is published without any guarantee whatsoever, whether express or implied, and may not give rise to any right to compensation. The content is protected by copyright © 1997-2012 Michelin or copyright of its partners. The logos are registered trademarks.
ARTICLE 4: USE OF CONTENT
The alteration and modification of content or its use for a purpose other than that authorised shall constitute an infringement of Michelin’s or third parties’ proprietary rights.
Within the limits set out below, Michelin grants you a right to download and to circulate the content (i) when the downloading function exists (ii) for non commercial purposes (iii) in good faith and (iv) by not tampering with the proprietary information as well as the Website publishing date appearing on the content. Said right may not under any circumstances be interpreted as a trademark or logo licence, in particular.
ARTICLE 5: E-MAILS
To exchange information by e-mail with Michelin, you must fill in the e-mail forms available on the Website. Michelin’s replies to e-mails as well as access to the Website and to content may not be treated or may not constitute proof that an advertising, promotional or commercial activity is conducted in the country where the Internet user is located.
ARTICLE 6: PROTECTION OF PERSONAL DATA
In general, you may visit our Website without having to disclose your identity and to provide your personal information. However, Michelin may sometimes ask you for information, for instance, to reply to a request you made, to provide you with a service, to process an order or for marketing purposes. The data collected via our Website is for Michelin as well as for its selected partners and/or service providers that it calls on.
To ensure a better service, Michelin gathers anonymous data on your website browsing (pages browsed, date and time of browsing, etc). Michelin may use said data to analyse trends or to draw up website audience statistics and measurements. We inform you that you may refuse said cookies. If so, you will not be able to access certain sections of our Website. Regarding the personal data that you might disclose to us, you have the right to access, correct and delete said data in accordance with the French Data Protection Act “loi française Informatique et Libertés” No. 78-17 dated 6 January 1978, amended by Act No. 2004-810 dated 6 August 2004.
You may also object, at no expense, to Michelin collecting and processing your data. Moreover, pursuant to the French Data Protection Act, you may object to your data being used for canvassing, in particular, business canvassing.
To exercise said rights, all you need to do is to send a letter to the following address: MFPM, Communication and Brands Department, Place des Carmes Déchaux, 63040 Clermont Ferrand Cedex 9Our Website may contain links to other Websites. We inform you that Michelin does not share your personal data with said Websites. We notify you that when you leave our Website, you may be subject to other practices relating to the protection of personal data over which Michelin has no control and for which it is not liable.
For further information, please refer to the document entitled Personal data processing.
ARTICLE 7: GUARANTEE AND LIABILITY
7.1 General information
The content published on the Website is provided “as-is” without any express or implied guarantee of any kind. Michelin reserves the right to change, correct, interrupt and/or delete the content or access to the Website at any time, without notice. Michelin may not be held liable in the event of your IT equipment being infected by any electronic viruses. You are responsible for taking all appropriate measures to protect your IT equipment.
Michelin, its employees, its suppliers or the partners mentioned on the Website may not under any circumstances be held liable, under a contractual liability action, tortuous liability action or any other legal action, for any incidental or related direct or indirect loss of any kind whatsoever or any loss, in particular, of a financial or commercial nature resulting from use of the Website or any information obtained on the Website.
It is strictly prohibited to set up a hypertext link to an illegal content as defined in Article 8.2 below. The Website may contain simple or deep hypertext links to Michelin’s or third parties’ partner sites. The latter must grant authorisation for deep hypertext links. Michelin does not have any control over said websites and therefore does not have any liability for their accessibility, relevance, availability, content, advertising, products and/or services available on or from said websites. Thus, Michelin is not in any way liable for direct or indirect damage that may arise when you access or use the partner’s website or else on account of said website’s breach of any regulations.
7.2 For the interactive services (if this function is on the Website)
Michelin is not required to check the content that users publish on the Website. Michelin disclaims any liability on account of said content and the checking thereof; the user is solely liable for the harmful consequences of the content he/she publishes. However, Michelin shall be free to check all or some of the content at any time, before or after its publication.
The user is solely liable for the content he/she publishes on the Website. He/she guarantees Michelin that he/she has all rights and authorisations needed to publish said content. He/she shall hold Michelin harmless against any claim or action by a third party which claims that all or some of the content that the user publishes on the Website or via the Website is illegal, in violation of laws or regulations, public policy provisions, accepted standards of behaviour or this legal information and impairs the rights of a third party or causes such third party a loss.
If a judgement is entered against Michelin following a legal action brought on such basis, the user who published the content at issue undertakes to reimburse Michelin for all amounts awarded against Michelin, which includes the lawyer’s fees and legal expense.
7.3 In the event of on-line sale on the Website (if this function is available on the Website)
The limitations of Michelin’s liability for products and services sold on the Website are described in the Standard Terms of Sale.
ARTICLE 8: INTERACTIVE SERVICES (IF THIS FUNCTION IS ON THE WEBSITE)
The interactive services allows one, inter alia, to participate in forums, on-line discussions, to publish comments and/or articles, to cast votes in relation to the various content or else to establish an interface between the Website and your account on a social networking website.
The use of the interactive services may be subject to prior registration for which you must fill in a form. This registration allows you to create your account with a personal password. You are requested to provide the password to connect to certain interactive services and, thus, it must remain strictly confidential. In the event you forget your password or it is stolen, you must immediately inform Michelin thereof.Personal data shall be processed in accordance with the terms of Article 6 above “Protection of personal data”.
8.2 Content published by the user
Moreover, you may request the moderator at any time to change or delete content published under your name. In such case, specify: the date of publication and the purpose of the content. It is strictly prohibited to publish any content of any kind whatsoever on the Website that violates the laws and regulations, public policy provisions or accepted standards of behaviour, or harms or impairs the rights of a third party. Such content means inter alia: content that is defamatory, insulting, obscene, discriminatory, threatening or contrary to the spirit of the Website, constituting infringement of a third party’s intellectual property rights, containing personal data on a third person, containing the image of a person who has not consented to such publication, or violating the privacy of a person without such person’s consent.
8.3 Illegal content and abuse
You acknowledge that you have been informed that moderation is implemented to check or delete content published by users of Interactive Services that are deemed to violate current laws and regulations or which the judicial authorities reported as such, without your being able to claim any indemnity. Moreover, if you do not comply with the terms of this legal information, you may be affected by the following measures: deletion of all or some of your content, suspension of your account for a period of 8 weeks or deregistration of your account and a ban on your registering on all Michelin Websites.You may also report the publication of any illegal content on the Website of which you may be aware, by clicking on “report illegal content” (link to Contact form). You may be held liable in the event of misuse of said right.
ARTICLE 9: E-COMMERCE (IF THIS FUNCTION IS ON THE WEBSITE)
The terms and conditions in which you may place an order via the Website are defined in the Standard Terms of Sale.
ARTICLE 10: JURISDICTION AND GOVERNING LAW
Any dispute relating to the Website or to this legal information shall be brought before the Clermont-Ferrand court. The dispute shall be governed and construed in accordance with French substantive law, independently of conflict of law rules. Use of the Website entails the user’s express consent to the application this clause. In the event one of the terms of this legal information is deemed to be illegal, null or inapplicable for any reason whatsoever, it shall be deemed to be not part of this legal information and shall not affect the validity or application of other terms.
Website publisher: Manufacture Française des Pneumatiques Michelin
Managing editor: Claire Dorland-Clauzel
5/9 Rue de l’Industrie
93200 Saint Denis
Tel.: +33 (0)1 48 13 00 00
Fax: +33 (0)1 48 13 31 21