“FIA WEC” – “24H–LE MANS”
(GENERAL TERMS AND CONDITIONS OF USE)
The “FIA WEC”/”24H–LE MANS” application and the “fiawec.com” and “lemans.org” websites are made available by:
Société Sportive Professionnelle de l’Automobile Club de l’Ouest, a Société par Actions Simplifiée (simplified joint-stock company) with share capital of €1,000,000.00, entered in the Le Mans company register under No. 433.666.229, and whose headquarters are located at Circuit des 24 Heures, 72019 Le Mans Cedex 2, France;
Hereinafter called “SSP ACO”
Le Mans Endurance Management, a Société par Actions Simplifiée (simplified joint-stock company) with share capital of €113,300.00, entered in the Le Mans company register under No. 451.336.184, and whose headquarters are located at Circuit des 24 Heures, 72019 Le Mans Cedex 2, France;
Hereinafter called “LMEM”.
The purpose of these general terms and conditions of use (“T&Cs”) is to govern access to and the downloading and use of the “FIA WEC”/”24H–LE MANS” application and its paid content (the “App”) developed by NETCO SPORTS, as well as access to and use of paid content on the “fiawec.com” and “lemans.org” websites (the “Websites”), developed by 6TM.
The App can be downloaded free of charge. A fee is charged for some optional content (in-app purchases).
The “FIA WEC” App switches automatically to “24H–LE MANS” for the 24 Hours of Le Mans.
By installing the App or creating a web-based account, the User agrees to abide unreservedly by these T&Cs.
3- APP DESCRIPTION
The App/Websites keep the User informed of the latest news from the Fédération Internationale de l’Automobile World Endurance Championship (“FIA WEC”) including standings, circuits, teams, drivers, timetables, schedule, highlights, and race results, offer access to photos, videos and interviews and give an insight to activities on social media.
The Premium Pack (paid content) allows the User to watch FIA WEC races live, to see exclusive content with onboard cameras, and to customise functions and follow drivers and/or teams. The Premium Pack also offers the possibility of viewing the whole of the free practice and qualifying sessions, as well as the races, via a “Replay” function.
The “Replay” function is available for three weeks from uploading, or until the qualifying session of the following FIA WEC event.
4- SYSTEM REQUIREMENTS FOR THE APP
To use the App on a smartphone, tablet or any other mobile device, the User must have suitable broadband Internet access, a telephone contract providing Internet access, a smartphone and/or a mobile device compatible with the App (minimum requirement: Android 4.1 (API Level 16)/iOS 8.0) and a WiFi and/or 3G/4G connection on the smartphone or mobile device.
5- TERMS AND CONDITIONS OF USE
The User understands that the terms and conditions of the contract with their mobile operator will continue to apply while using the App. The User shall be solely liable for all charges made by the mobile operator relating to Internet, WiFi and/or 3G/4G connection services required to use the App or access the Websites.
6- AVAILABILITY OF THE APP/PAID CONTENT
SSP ACO and LMEM shall endeavour to ensure 24/7 availability of the App and Websites.
However, access to the App or Websites may be interrupted especially in case of maintenance operations, upgrades or updates, emergency repairs, or due to circumstances beyond the control of SSP ACO or LMEM. SSP ACO and LMEM shall take all reasonable measures to limit such disturbances where they are attributable to them.
7- RESTRICTIONS ON BROADCASTING VIDEO CONTENT
The User is informed that broadcasting restrictions apply to the content available on the App and the Websites, as follows:
Restrictions on FR “Live”, “Replay” and “On-board” broadcasts in the United States of America.
Restrictions on GB “Live”, “Replay” and “On-board” broadcasts in the United States of America and Canada.
8- PERSONAL DATA
Nominative data collected relating to the use of paid content on the Websites is processed in accordance with the French data protection act of 6 January 1978, and in accordance with General Data Protection Regulation 2016/679.
The User is informed that personal data is necessarily collected to create the User’s account and to allow access to the paid content of the Websites. Data is stored until the User deletes the account.
The User of the Websites has the right to access, rectify and block their own personal data. To exercise that right, the User must write to SSP ACO or to LMEM at the address appearing at the top of these T&Cs, enclosing proof of identity.
9- INTELLECTUAL PROPERTY/USER LICENCE
The App, Websites and all content are protected by the French Intellectual Property Code and are, unless otherwise stipulated, the exclusive property of SSP ACO and LMEM.
Any reproduction, representation, publication, transmission, unauthorised use or modification, in whole or in part, of the App and/or Websites, and/or any element thereof, would constitute an infringement that may give rise to civil and/or penal proceedings.
SSP ACO and LMEM grant the User a revocable, non-exclusive, non-assignable licence, free of charge, to use the App and the paid content of the Websites for the User’s own needs in accordance with these T&Cs.
The User expressly agrees not to use the App or the paid content of the Websites in any way that would infringe the rights of SSP ACO or LMEM.
The brands “24H LE MANS”, “LE MANS” and “24” are registered trademarks of the Automobile Club de l’Ouest. Any representation and/or reproduction and/or exploitation and/or use, in whole or in part, of these trademarks, of any kind and on any medium whatsoever, is totally prohibited.
The User agrees not to register in any territory or in any class whatsoever any trademarks comprising the following trademarks or names in whole or in part: “24H LE MANS”, “LE MANS”, “24”, “FIA World Endurance Championship”, “Championnat du Monde d’Endurance”, “WEC” and “FIA WEC”.
10- LIMIT OF LIABILITY
The User understands and accepts that the App and the Websites are provided via the Internet and/or mobile networks and that, consequently, factors outside the reasonable control of SSP ACO or LMEM may impair the quality or availability of the App or Websites.
By using the App, the User accepts all risks and characteristics inherent in the use of mobile devices and the Internet, especially possible technical malfunctions affecting the Internet and mobile networks preventing proper running and/or operation of the App or Websites, computer bugs, technical anomalies and/or defects, transmission delays, loss of data and piracy risks.
Consequently, SSP ACO and LMEM may under no circumstances be held liable with regard especially to the availability, timeliness, security and quality of all or part of the App or Websites, any associated software or application or any other product, service or information obtained via the App.
Under no circumstances shall SSP ACO or LMEM be held liable for any direct or indirect loss or damage of any kind whatsoever, as a result of using and/or downloading the App or Websites, or any element thereof, by the User.
SSP ACO and LMEM reserve the right to make any modifications deemed necessary or useful to these T&Cs at any time.
SSP ACO and LMEM reserve the right, at any time, to launch new services and also to delete or modify all or part of the features, characteristics, sections and/or services of the App and/or Websites without notice and at their entire discretion.
Should these T&Cs be annulled for any reason whatsoever, the rights and licences granted to the User will be terminated and the User shall cease all use of the App or the User’s web account without being able to claim any compensation whatsoever.
13- GOVERNING LAW/JURISDICTION
These T&Cs are subject to French law.
Any dispute concerning the implementation or interpretation of these T&Cs that has not been settled amicably shall be submitted to the competent court of Le Mans.
This English version is a translation of the T&Cs originally written in French. In the event of contradiction, the French version shall prevail.