General Information

 
 
This www.viamichelin.com website, including its local segments, is published by:
ViaMichelin SAS
27 cours de l’île Seguin
92100 Boulogne Billancourt
France
Tel/Fax: +33 (0)1 55 19 57 00/01
Nanterre Trade and Companies Register 433 677 721
 
Publication manager: Mr Alain Cuq
 
Host provider:
Easynet SAS
55, Avenue des Champs Pierreux
92000 Nanterre
France
Simplified share company with share capital of EUR 3,900,000
Nanterre Trade and Companies Register 402 335 137
 
This website is registered with the French Data Protection Agency (CNIL) under registration number 791321.
 
 
  • General terms and conditions of use

 
Users are advised to read these general terms and conditions of use carefully before browsing this website. These general terms and conditions of use and the personal data charter govern their use of the services (“the Services”) provided by ViaMichelin on the www.viamichelin.com website (“the Website”) and/or its local segments.
 
They also stipulate the rules governing use of the services that enable internet users to distribute to the internet community their messages, opinions or comments hosted on the Website, (“Opinions”), and/or photographs hosted on the Website (“Photographs”), and/or to create their personal space, and the associated services provided by ViaMichelin (collectively or individually “Interactive Services”).
 
Lastly, when navigating on the ViaMichelin website, users may have occasion to use the services of a ViaMichelin partner on or via the Website (“Third Party Services”).
 
Simply by logging on to the Website, the user acknowledges that he unconditionally accepts these general terms and conditions of use, which may be amended as necessary by ViaMichelin at any time. Users who do not wish to comply with these general terms and conditions of Use are not authorised to use this Website.
 
 
  • Use of the Website

 
Personal and non-commercial use
ViaMichelin grants users the right to display and print the content of the Website exclusively for private and non-commercial use. Collective and/or commercial use is strictly prohibited.
 
Hyperlinks
The user is authorised to create:
  • one or more simple link(s) to the Website’s homepage;
  • one or more simple link(s) to the homepage of the Website’s different sections;
  • one or more link(s) to a map, route, list of points of interest and/or a page containing a description, following the instructions of the Website Services offering this option.
 
However, ViaMichelin reserves the right to cancel such authorisation at any time if it considers that the link with the Website may harm its interests.
 
Under no circumstances does the existence of a hyperlink from a third party website to the Website imply any cooperation between ViaMichelin and said third party site. ViaMichelin has no control over third party websites and therefore accepts no liability for the content, products, services, information, materials or software of third party websites containing a hyperlink to the Website.
 
Use provided for by law
Users are legally authorised to make brief quotes, analyses and reproductions for press reviews as well as for other purposes expressly authorised by law, within the limits and under the conditions stipulated by law and subject inter alia to stating the name of the authors and the source of publication.
 
Interactive Services
Opinions
Opinions published by users through the Interactive Services reflect their views, opinions or comments only and in no way those of ViaMichelin, its affiliates or employees.
 
Users wishing to publish an Opinion must first create a personal space by completing the form provided. This identification is governed by the personal data protection charter ( : Clickable link)   and is protected by a personal and confidential password which can only be changed at the holder’s request. Each user is fully responsible for use of his password, which he undertakes to keep secret and not to disclose in any form whatsoever to third parties. If his password is lost or stolen, the user must choose a new password and notify ViaMichelin accordingly without delay.
 
Once published, a user’s Opinion may be distributed on all digital or paper media, both on the Website and on all other services published or distributed by ViaMichelin using the Website content.
 
We urge users to exercise caution and restraint when expressing Opinions they wish to distribute on the Website.
 
Photographs
To upload a Photograph on the Interactive Services, the user must identify and use the online publication form.
 
The Photographs published by users through the Interactive Services should (i) be related to the themes of travel and/or gastronomy,  (ii) offer touristic interest, and (iii) respect the formats and sizes as mentioned in the online publication form. ViaMichelin reserves the right not to proceed with the upload and / or to remove any Photograph that does not meet these conditions.
 
By posting Photographs through the Interactive Services, you authorize ViaMichelin to represent, reproduce, use, adapt and archive the Photographs, on all digital or paper media, known at the time of the upload and/or future support, for promotional and/or commercial purposes, free of charge, for all countries and for the duration of the literary and artistic property rights attached to the Photograph and current and future international agreements, stipulated by French and foreign legislation.
 
For this purpose, you authorize ViaMichelin in particular to (i) reproduce any Photographs on all versions of the Interactive Services, (ii) adapt Photographs in size, definition, framework, transition to black & white, mitigation, transparency (iii) integrate Photographs into databases in combination with other contextual elements, operate and distribute such databases and (iv) archive Photographs.
 
ViaMichelin will make its best efforts to respect the instructions of the Users for the citation of their name or, if need be, of the author of the Photograph.
 
You warrant that you are the lawful owner of all necessary intellectual property rights attached to the Photographs for the aforementioned license, including but not limited to all the necessary authorization from the people and/or the owners of buildings or personal properties appearing on the Photographs, and you guarantee ViaMichelin unobstructed use of the Photographs, for the extent and duration of the assignment agreed by you. You guarantee ViaMichelinin particular full and free enjoyment of the rights assigned against any disturbance, claim or dispossession whatsoever.
 
 
  • Restrictions  

 
General
Unless expressly authorised in advance by ViaMichelin, all reproduction, representation and use other than that stated above is prohibited, in particular:
  • any adaptation, provision to the public (solicited or otherwise), distribution, retransmission in any form whatsoever, networking, public communication of all or part of the Services, and of all works, services, trademarks and all copyrighted material or material that may be protected by intellectual property law reproduced on the Website;
  • any extraction or reuse, including for private purposes, of a substantial part of the content of the databases created by the Website;
  • any repeated and systematic extraction or reuse, including for private purposes, of even a small part of the content of the databases created by the Website;
  • any link, access, modification, addition, deletion that relates to the automatic processing system for online publication and alters publication conditions or editorial policy.
 
Any user acting in breach of these general terms and conditions of Use renders himself liable to civil or criminal prosecution to combat infringement of copyright, the breach of connected rights and the breach of rights of producers of databases and automatic data processing systems.
 
The user is reminded that under the French Criminal Code (Article 323-1 et seq.), the following offences are subject to penalties of up to five years’ imprisonment and a fine of EUR 75,000:
  • accessing and fraudulently remaining in an automatic data processing system,
  • deleting, modifying or fraudulently adding data to said system,
  • blocking said system.
 
ViaMichelin may initiate criminal proceedings against any user who fails to comply with these provisions.
 
Hyperlinks
Unless expressly authorised in advance by ViaMichelin, the following are not permitted:
  • any inline linking enabling an internet user to automatically display content from the Website in a specific location;
  • any framing link enabling a Website page to appear in a frame inside the Website page visited by an internet user;
  • any link from websites that offend against public decency or are violent, pornographic or paedophiliac, that may insult human dignity or are intended to display or sell prohibited or illegal items, substance and/or works.
 
Interactive Services
The user undertakes not to publish content on the Interactive Services that is in breach of current laws and regulations.
 
In particular, the user undertakes not to:
  • distribute information that offends against public order or public decency.
  • use the service for propaganda or proselytising, canvassing or recruitment purposes,
  • publish commercial or advertising information or information that constitutes propaganda for tobacco, alcohol or any other regulated substance, product or service,
  • use the services provided in a manner that is likely to interfere with the free communication of other users or to transmit any material constituting or inciting the commission of acts punishable by law,
  • distribute content that contravenes third party personality rights, or is defamatory, abusive, obscene, pornographic, offensive, violent or that incites political, racial, xenophobic, sexual or homophobic discrimination or violence,
  • publish information that contravenes legislation on the protection of personal data making it possible to identify individuals without their consent, in particular their surname, postal and/or e-mail address, telephone number, photo, audio or audiovisual recording,
  • fraudulently access the Website and in particular the Interactive Services.
 
The user also agrees not to contravene third party intellectual property rights, inter alia by removing or deleting any copyright notices or trademarks, or any restrictive markings.
 
The user undertakes to comply with current laws and regulations and only to use content (text, photos, etc.) over which he has distribution rights, to whose distribution the rights holder has given his express consent, or which is free of any rights. The user warrants to ViaMichelin that he has the necessary rights to publication of the content published on an Interactive Service. The term “rights” is construed in particular to mean personality rights, copyrights, trademark rights, etc.
 
Failure to comply with the general terms and conditions of use may result in the removal of the disputed content, a warning and/or closure of the user’s account, notwithstanding any further legal action and/or damages that ViaMichelin may be entitled to enforce against the user.
 
 
 
  • Methods used to combat illegal activities

 
ViaMichelin informs the user that a moderation system is used in order to control, delete or modify content published by users of the Interactive Services which appears to contravene these general terms and conditions of use, or which has been reported as doing so by users or a judicial authority.

A reporting system is available at all times to users wishing to report the publication of any litigious message which has come to their attention on the Interactive Services, in particular those covered by the list of offences defined in Article 24 (5) and (8) of the French Press Law and Article 227-23 of the French Criminal Code, such as justifying crimes against humanity, incitement to racial hatred, child pornography, in accordance with the provisions of Article 6 - 1 - 7. (3) and (4) of the French Law on Confidence in the Digital Economy of 21 June 2004.

To exercise this option, users may register a complaint by clicking on “Contact us” to open an online form and sending us all the information they consider necessary. The attention of users is drawn to the fact that all their statements may be used in the context of legal actions. Users who provide untrue, inaccurate or misleading information render themselves liable to civil and criminal proceedings.
 
 
 
 
  • Intellectual property rights and trademark protection


The Services and the content thereof (in particular data, databases, software, API, photos, videos, audio tapes, information, illustrations, logos, trademarks, etc.) which appear or are available on the Website are protected under copyright, trademark rights, patent rights, database producer rights or any other rights recognised by current legislation. All copying, reproduction, representation, adaptation, adulteration, modification, unauthorised distribution of the Website Services and/or content, in whole or in part, whether the content belongs to ViaMichelin, a third party or a user, is illegal except for a single copy, on a single computer and restricted to the exclusively private use of the copier.
 
Third Party Rights – Legal notices
The Services and their content include material that may be provided by third parties. ViaMichelin is bound by law or contract to provide legal notices and copyrights as set forth below.
 
Mapping data
Data used in order to create mapping images or mapping content for Europe when provided by Tele Atlas is protected by the following copyrights: Data Source © 2008 Tele Atlas N.V.
Austria : © BEV, GZ 1368/2003
Denmark  : © DAV, breach of these copyrights will give rise to legal proceedings.
France  : © IGN France and/or Georoute © IGN France and/or Michelin data © Michelin 2008.
United Kingdom : This product includes mapping data licensed from Ordnance Survey with the permission of the Controller of Her Majesty’s Stationery Office. © Crown copyright and/or database rights 20nn. All rights reserved. Licence number 100026920
Northern Ireland : Ordnance Survey of Northern Ireland.
Norway : © Norwegian Mapping Authority, Public Roads Administration / © Mapsolutions.
Russia : © Roskartographia.
Switzerland : © Swisstopo.
Netherlands : Topografische onderground Copyright © dienst voor het kadaster en de openbare registers, Apeldoorn 2006
 
ViaMichelin Travel Culture Tab Credits
Contributors to some of these sections are named on the Credits page.
 
 
 
 
  • Liability

 
ViaMichelin Services
ViaMichelin cannot be held liable for indirect, incidental or secondary damage, whether foreseeable or otherwise, caused to the user, including (the following list is for information purposes only and is not exhaustive) loss of earnings or profit, data loss, hardware loss, including the costs of recovery, reproduction or repair of such loss, resulting from the use of and/or inability to use ViaMichelin Services. ViaMichelin may also not be held liable for investment orders or decisions based on information contained in the Website or accessible through the Website.
 
ViaMichelin undertakes to do its best to ensure that users have access to the Website at all times. However, ViaMichelin may not be held liable for the non-availability of the Website for any reason whatsoever.
 
Moreover, the user’s attention is drawn to the internet’s inherent risks, particularly lack of data security in data transmission. Under no circumstances can ViaMichelin be held liable for such risks and their harmful consequences for the user, regardless of the extent thereof.
 
ViaMichelin may change the content of the Services offered whenever it so wishes and cannot be held liable on any grounds whatsoever.

It is the responsibility of each user to take all appropriate measures to protect his own data, software and hardware from contamination by viruses or other forms of attack which may be circulating through the Website or the information published.

The user may not take advantage of any problem in accessing the Website in order to access information in a way that breaches these general terms and conditions of use.
 
 
 
Content of certain sections of the ViaMichelin travel tab
The editorial content of the Culture section of the ViaMichelin Travel tab is provided by Manufacture Française des Pneumatiques Michelin whose registered office is at Place des Carmes Déchaux, 63040, Clermont Ferrand cedex 9, to whom users should send any related questions and/or complaints.
 
Third Party Services and links to third party websites
ViaMichelin cannot be held liable for the actions of third parties, in particular for content or Third Party Services provided by third party service providers such as hoteliers, rental firms, hotel reservation platforms. ViaMichelin will not be liable in any way for direct or indirect damage resulting from use of content and Third Party Services provided on or from the Website.
Furthermore, the Website may contain links to websites of ViaMichelin partners or to third party websites. ViaMichelin has no control whatsoever over such websites and therefore accepts no liability for the availability of such websites, their content, advertising or the products and/or services available on or from such websites. ViaMichelin will not be liable in any way for direct or indirect damage resulting from access by the user to the partner’s and/or third party’s website or from use of the content and services of said website by the user.
 
 
Interactive Services
The Interactive Services are outside the scope of the editorial activity of ViaMichelin, which only makes the Interactive Services available to users and stores their content on its own Website. Consequently, the published content cannot be considered to reflect the opinions of the Website’s editorial team but is binding on its author alone. A user may ask ViaMichelin to delete his contributions to an Interactive Service at any time during business hours.

ViaMichelin’s liability in respect of provision of Interactive Services is that of a technical service provider as defined in Article 6.I-1 of the French Law on Confidence in the Digital Economy of 21 June 2004.

In particular, ViaMichelin cannot be held liable for any contact in any form between users or between a user and any third party whatsoever.

Interactive Services may not however be used by a user in any way likely to disrupt the unrestricted communication of other users or to transmit content that constitutes or incites the commission of actions punishable by law.
 
The user acknowledges that ViaMichelin, as host, may check the content of the Interactive services after it has gone online by any method it deems necessary and in all circumstances, either directly or by using the services of a moderator. Users therefore acknowledge ViaMichelin’s right to modify or delete all content that it considers to be in breach of current laws and regulations at its sole discretion, and in particular content that breaches the prohibitions defined in Article 4 above, or which has been reported to it as such by a judicial authority.

Similarly, ViaMichelin shall be entitled to exclude, temporarily or permanently, any user who contravenes these general terms and conditions of use and/or the special conditions of use of an Interactive Service. However, and regardless of the control methods it has used, it is understood that owing to the volume of information published, ViaMichelin is not subject to a general obligation to monitor the information it stores, or a general obligation to seek out facts or circumstances that reveal illegal activities, or a guarantee obligation concerning the accuracy, integrity or honesty of the information published by users.

The user has full responsibility for the content he publishes on an Interactive Service.
 
Under no circumstances can ViaMichelin be held liable for the activities or information stored at the request of a user if ViaMichelin had no actual knowledge of its illegal nature or of facts and circumstances revealing such a nature or if, as soon as it obtained such knowledge, it acted promptly to withdraw said data or to block access to it.
 
 
 
 
  • Personal data

 
Personal data gathered when Services are used is processed in accordance with the principles of personal data protection. These principles are outlined in the ViaMichelin personal data protection charter. This charter explains the procedures used by ViaMichelin to process and protect the personal information of users of the Services.
 
 
 
  • Customer Service

 
For all information or questions concerning use of the Website, the ViaMichelin Customer Service team can be contacted by clicking on “Contact us”.
 
 
 
 
  • Changes to general terms and conditions of use and special terms and conditions of use

 
ViaMichelin may amend these general terms and conditions of use and the special terms and conditions at any time. Such amendments are binding on the user as soon as they go online. Accordingly, the user is advised to regularly consult the general terms and conditions of use and the special terms and conditions of use so as to be aware of any such new terms and conditions.
 
  • Governing law and jurisdiction


Failure by the user, regardless of his location, to comply with any of the provisions of these general terms and conditions of use and, in general any problem concerning their execution, interpretation or validity, shall be subject to French law and the courts in Nanterre, France.
 
 
Updated on 20th october 2011