terms and conditions destination running lufthansa 2016 ... › lufthansa-2016 › ... · article 4...

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1 TERMS AND CONDITIONS DESTINATION RUNNING LUFTHANSA 2016 Article 1. PREAMBLE These document is intended to define the terms and conditions of use and access of the Website www.destination-running-lufthansa.com, as well as the conditions under which the Members can access and use the program. Any person accessing the program proposed by the Publisher agrees to read, accept and respect unreservedly these terms and conditions. In the event that an User or a Member does not wish to accept all or part of these terms, he/she is asked to renounce to any use of the program. These terms apply to any usage of the Website, by any User or Member. Any visit or use of the Website constitutes the acceptance of the latest version of the Terms and conditions, and all conditions of use applicable to specific use of the Website. Any individual who visits or uses the Website on behalf of an entity, guarantees that he/she is authorized to accept the terms on behalf of that entity. The Publisher is not responsible for the actions of parties which do not fulfill this condition or does not comply with these terms. The Publisher cannot be held responsible for these actions or omissions. The User / Member is expressly informed that the only authentic version of the Terms and Conditions is the one accessible online on the Website, and the Publisher reserves the right to modify at any time, in particular to take into account any legal developments, jurisprudence, editorial and / or technical. It is therefore recommended to the User / Member to refer systematically to the latest version of the Terms and conditions, for each connection to the Website. Section 2. LEGAL NOTICE 2.1. The Website « www.destination-running-lufthansa.com » is published by: Lufthansa German Airlines, foreign registered company, with headquarters on 30 Avenue des Fruitiers, 93210 Saint-Denis, France, registered to RC Bobigny 592 068 472, Siret 592 068 472 00253. Individual VAT identification number: VAT ID FR 16592068472 Publication manager - Mr. Michael Gloor, General Manager Website manager - Mr. Matthias Funke, Marketing Manager The Website was created by Move4More, simplified joint-stock company, with a capital of 4 660 euros, with head office on Lamartine Street, No 6, 75009 Paris Cedex - RCS Paris B 802 532 200 - Siret: 80253220000010 - Naf.: 6201Z - VAT no.: FR61802532200 - Email: [email protected] - Website: www.runningheroes.com The legal notice is also available on the homepage of the Website.

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Page 1: TERMS AND CONDITIONS DESTINATION RUNNING LUFTHANSA 2016 ... › lufthansa-2016 › ... · Article 4 - PRESENTATION OF THE WEBSITE AND THE CONNECTION 4.1 Presentation of the Website

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TERMS AND CONDITIONS DESTINATION RUNNING LUFTHANSA 2016

Article 1. PREAMBLE These document is intended to define the terms and conditions of use and access of the Website www.destination-running-lufthansa.com, as well as the conditions under which the Members can access and use the program. Any person accessing the program proposed by the Publisher agrees to read, accept and respect unreservedly these terms and conditions. In the event that an User or a Member does not wish to accept all or part of these terms, he/she is asked to renounce to any use of the program. These terms apply to any usage of the Website, by any User or Member. Any visit or use of the Website constitutes the acceptance of the latest version of the Terms and conditions, and all conditions of use applicable to specific use of the Website. Any individual who visits or uses the Website on behalf of an entity, guarantees that he/she is authorized to accept the terms on behalf of that entity. The Publisher is not responsible for the actions of parties which do not fulfill this condition or does not comply with these terms. The Publisher cannot be held responsible for these actions or omissions. The User / Member is expressly informed that the only authentic version of the Terms and Conditions is the one accessible online on the Website, and the Publisher reserves the right to modify at any time, in particular to take into account any legal developments, jurisprudence, editorial and / or technical. It is therefore recommended to the User / Member to refer systematically to the latest version of the Terms and conditions, for each connection to the Website. Section 2. LEGAL NOTICE 2.1. The Website « www.destination-running-lufthansa.com » is published by:

Lufthansa German Airlines, foreign registered company, with headquarters on 30 Avenue des

Fruitiers, 93210 Saint-Denis, France, registered to RC Bobigny 592 068 472, Siret 592 068 472 00253.

Individual VAT identification number: VAT ID FR 16592068472

Publication manager - Mr. Michael Gloor, General Manager

Website manager - Mr. Matthias Funke, Marketing Manager

The Website was created by Move4More, simplified joint-stock company, with a capital of 4 660

euros, with head office on Lamartine Street, No 6, 75009 Paris Cedex - RCS Paris B 802 532 200 -

Siret: 80253220000010 - Naf.: 6201Z - VAT no.: FR61802532200 - Email:

[email protected] - Website: www.runningheroes.com

The legal notice is also available on the homepage of the Website.

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2.2. The Website « www.destination-running-lufthansa.com » is hosted by:

Amazon Web Services, Inc.

P.O. Box 81226

Seattle, WA 98108-1226

http://aws.amazon.com

Article 3. DEFINITIONS In these Terms and conditions, the words or expressions beginning with a capital letter will have the following meaning: «Membership» means becoming a Member of the program.

«Partner Apps» refers to mobile applications, GPS watches, or other connected items used to receive

the tracking data of the Members training activities, to aggregate, compile, build-up statistics, and

share within the Member’s community.

«Challenge» refers to a defined incentivized process, organized by the Publisher alone or in

cooperation with a partner, offering the Members willing to perform an action / sports event within

a limited period of time under defined conditions valid for all, the description of granting an Award.

«Terms and conditions» refers to the general terms and conditions of the Website.

«Account» refers to the specific space on the Website which is managed by the Member using his

email and password. It mainly allows the exchange of information and any other interaction provided

by the Website.

«Data» defines (a) any information about the Member or User, provided by the Member or User on

the Website or when using the Website, and (b) the training data (numbers of covered kilometers,

time travelled, average distance, average speed) retrieved via the Partners Apps.

«Personal data» refers to any information of a personal nature (especially including date, time of

connection and/or navigation, browser type, browser language, IP address) indicated by the Member

upon registration on the Website: www.destination-running-lufthansa.com, operated by the

Publisher

«Event» designates the Destination Running Lufthansa experience, project organized by Lufthansa

between September 21 and November 14, 2016.

«Member» defines any individual registered for the competition, having an account on the Website

and who is a Member of the Program.

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«We» refers to the company Lufthansa, through the application «www.destination-running-

lufthansa.com». In the interests of readability of the contract, the capital letter W in We may be

omitted.

«Newsletter» means all informative emails sent to our Members.

«Program» refers to the service proposed and published by the Publisher through the Website. It is a

program of data sharing, development and reward of sports activities as part of the preparation of

the Members for the event.

«Partner» means any organization or any company mentioned in the program and that can, if

necessary, provide a service to Members, allowing them to be rewarded on the Website.

«Award» defines a commercial promotion or an item proposed by the Publisher alone, or in

connection with one or more partners across the Website, distributed to the designated winners of

the Challenge.

«Website» means the Website available on www.destination-running-lufthansa.com .

«User» means any physical person who connects to the Website, Member or not.

«You» refers to any Member or User of the program. In the interests of readability of the contract,

the capital Y in the pronoun 'you' may be omitted.

Article 4 - PRESENTATION OF THE WEBSITE AND THE CONNECTION 4.1 Presentation of the Website

The Website is the Website available on Destination Running Lufthansa official address

www.destination-running-Lufthansa.com, including editorial content, photographies, information,

challenges and a community of Members, allowing access to free services to the program, without

this list being considered complete or limiting. The Website is available to any user with an Internet

connection.

However, the access to certain sections and features of the Website, such as program, is reserved for Members after identification with their ID and their password 4.2 Connection to the Website You must have Internet access either directly or through devices with access to Internet content. The costs of making accessible the telephone connection to the Internet and to the Website and/or on the Websites of our partners will remain your sole responsibility. The Website is in principle permanently available, except in case of interruptions for maintenance purposes and/or force majeure (technical problems, power failure...).

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Article 5 - PRESENTATION AND REGISTRATION IN THE PROGRAM 5.1 Presentation The program is a comparison service, development tracking and reward based on Member’s sports

activities, part of their regular training. The participation in the event on a voluntary basis. Therefore,

the Members are declaring that they are capable to participate in the program.

The program’s goal is to recover running tracking data through connected Partners Apps, to allow

our Members to compare and identify Challenges.

In order to become a Member, a User must respect the conditions for Membership set out in article

5.2 and have the material resources to access the Website.

5.2. Membership 1. Accessibility

Joining the program is reserved to any individuals, without age limit. It is stated that minor children

of a Member can join the program. Membership, as well as participation in the program and the

challenges taken by minor children are the responsibility of their legal representatives.

2. Free character of Membership

The Membership Program is free and creates no purchase obligation and no financial contribution

from the Member to the Publisher.

3. Personal information required for adhesion

To use the Website, it is necessary to register by creating an account and by entering an email

address, a username and a password. To connect, you must insert your username and chosen

password.

Other means of identification provided could be Facebook, Google and Running Heroes Connect.

Your account is protected by the password you chose on www.destination-running-lufthansa.com .

You agree not to share it with any other person; Our responsibility cannot be engaged in case of

unauthorized use of your password.

In case of loss and/or forgotten password, you can request to receive it again by clicking on "forgot

password".

You can't lend, give, or sell or, generally speaking, make your account and/or your password available

to a third party, for any reason whatsoever.

It is up to the user to notify any change of e-mail address or of the correspondence address. Without

notice, the address specified in the account shall serve as contact address for any communication.

5.3 Becoming a Member of Program

You will become a Member of the program as soon as:

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You have successfully created your ID and password.

You have connected your personal running application or your GPS watch with your newly

created account.

You clicked "connect".

Confirmation of your Adhesion leads your acceptance to receiving individual informative emails from

the Program Management.

Upon confirmation of your Membership, you will be offered to subscribe to the newsletter of

Lufthansa and advertising emails sent on behalf of its partners.

You can unsubscribe at any time all of these emails, by clicking on the "unsubscribe" link at the

bottom of each newsletter.

5.4 Usage of the program

Once validating their Membership, Members can:

- Access averages anonymous statistics

- Have access to a set of data of other Members, for comparison

- Have access to a comparison of their activity against that of the other Members

in the context of the Challenge.

5.5 Challenges

For each Challenge offered on the Website, we will inform you if this Challenge is organized by the

Publisher and/or one of its partners, and its results concerning the allocation of the prizes.

Each Challenge will be associated to a brief fact sheet detailing:

- The nature of the activity to be performed and the time frame to be executed;

- The special conditions to validate the Challenge;

- The description of the awards;

- The partner who proposing the challenge.

5.6 Registering for a Challenge

Once your Membership is approved, you will be automatically enrolled for the Challenge, and you

will receive a package of informational messages in connection with your participation to the

Challenges:

- The nature of the activity to be performed and the time frame to be executed;

- The special conditions to validate the Challenge;

- The description of the award;

- The partner who proposing the challenge.

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5.7 General Terms and Conditions of the challenges

You acknowledge having been informed that:

You agree to participate personally in the Challenge to which you sign up

You agree not to attempt to obtain fraudulently any rewards

You agree not to validate fraudulently any Challenge

The Awards are not transferable, exchangeable, or refundable in cash or any other form of credit,

and they are neither refundable nor exchangeable against other rewards.

The advertised Awards may be replaced by an Award of equal value and characteristics by the Publisher and/or its partners in exceptional circumstances. Additional costs that are not understood or covered by the Award, such as fees, taxes and obligations

related to the enjoyment of the mentioned Award, including the ones claimed by a person, a

Government, or any authorized organization, will be your entire responsibility. Within the limits of

the information in our possession, we will inform you on the Website about additional fees not

included or covered in the Award for which you have been selected.

If the Awards are provided by our partners, the contractual relationship will be governed by their

terms and conditions of use and sale. We act as an intermediary and cannot be held responsible for

the bad conduct of their delivery or poor quality of the supplied product.

We assume no responsibility for the accuracy and completeness of non-commercial information

posted on the Website on behalf of our partners;

In general, when it comes to the Awards offered or proposed on behalf of our program partners, we

cannot be held responsible by a Member or Members for breaching the commitments of our

Partners ( i.e denial of promotion or gift).

Your participation in a Challenge, or your choice of an Award on the Website should not in any case

exempt you from having read and have accepted:

the terms and conditions of use and/or sale of our partners and to respect them.

Everyone is obliged to comply with the conditions explicitly exposed by the partner during a

possible act of purchase or when used on its Website;

that the termination of your participation in an action on the Website cannot be held to

be sufficient to justify a breach of contract, also agreed with one of our partners;

that the end of validity of a reward on the Website cannot be held to be sufficient to

justify a breach of contract, also agreed with one of our partners;

The prizes will be awarded at the end of a draw, performed by means of a random algorithm among

participating Members who completed the Challenge. The list of winners will be published in a

newsletter, and winners will receive by e-mail all the information related to the passing of possession

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of the award, if it takes place.. Complete rules are available on www.destination-running-

lufthansa.com/rules.

We assume no responsibility for any delay in shipping of the Awards, which would be in fact a service provider responsability. We cannot be held responsible if, due to force majeure or any event beyond our control, a Challenge was to be cancelled, extended, shortened, delayed or modified. We cannot be held responsible if, for any reason whatsoever, the Members running data could not be collected, temporarily depriving them partially or totally of the opportunity to participate in a Challenge for which they apply. The publisher, its partners and its suppliers cannot be held responsible for loss or theft of the awards once the winners have taken possession. We reserve the right not to reward some of your activities connected to your participation in one of

the Challenges, if they are considered to be fraudulent, without consideration or compensation of

any kind.

The program may include links to other Websites or other Internet partners-owned sources. We

cannot control their Websites and external sources. You acknowledge that we cannot be held

responsible for the availability of these Websites and external sources, and can bear no responsibility

for the content, advertising, products services or any other material available on or from these

Websites or external sources.

Section 6. INTELLECTUAL PROPERTY By connecting to the Website, any Member and / or user will have access, each according to its status, to the content posted by the Publisher. The content placed online by the Publisher remains his exclusive property and/or that of its partners, according to the terms and conditions below: The Publisher and/or its partners is/are exclusive holder(s) or entitled to all intellectual property rights of the Website, to all published content (background/form) and for all countries: logo, graphics and Website map, text, section titles, pages, scripts, icons, photographs, video, data, statistics and other Editorial content. The User / Member is prohibited to reproduce and/or use trademarks, logos and domain names appearing on the Website. No element composing the Website (texts, articles, photos, drawings, images, videos, data, statistics etc.) shall be copied, reproduced, modified, republished, loaded, denatured, transmitted or distributed in any way whatsoever, in any form and medium, partial or in full, without the prior written consent of the Organizing committee.

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Any total or partial representation of the Website by any means whatsoever without the express permission of the Publisher is forbidden and constitutes an infringement which may incur civil and criminal liability of its author. The Publisher and/or its partners reserve as well the right to pursue any act of infringement of its intellectual property rights. Only private copying is permitted for personal, private and non-commercial use. Any reproduction of content is therefore, in principle, strictly prohibited without the express agreement of the author. Section 7. DEFICIENCY - LIMITATION OF LIABILITY

The Website is hosted by an external provider, and the data being collected from Partners Apps

offers no guarantee regarding the continuity of the proposed Program, the reception or the

preservation of the data published on the Website. Under no circumstances will the Publisher be

liable for service interruption, malfunction of the network or servers or any other event beyond the

reasonable control, which would prevent or restrict the access to the the benefits of the program.

The Publisher reserves the right to interrupt, temporarily suspend or change without notice the access to all or part of the Website and/or the program, in order to ensure the maintenance or for any other reason. The Publisher cannot be held responsible for any damage, regardless of its nature, due to unavailability of the Website and/or the program. The Member acknowledges that his use of the Website is at your own risk. It is therefore the Member’s responsibility of to take all appropriate measures to protect their data and/or software from contamination with circulating viruses. The Program is provided on the basis of an "as is" service, accessible according to its availability. The speed of information is specific to each network; the responsibility of the Publisher can in no case be invoked. The Publisher cannot guarantee the reliability of the information or other data provided on the Website, whether provided by it, its partners and/or any third party. Therefore, all information and data appearing on the Website are provided for informational purpose only and should not be considered, in any way whatsoever, as specific advice or decision support in order to complete a transaction; as a result, the user acknowledges that the use of this information and other data of the Website is on its own risk.

We cannot be held responsible for any loss or damage suffered as a result of a failure of access to the

Website and/or on our Partners Website(s).

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Case of loss/damage of the data:

- If originated in a technical problem related to Partners Apps, the eventual

recovery/restoration of the damaged/lost data will be outside the jurisdiction

intervention of the Publisher.

- If originated in a technical problem of the Program, the Publisher will make

every effort to identify the cause and provide, if possible, a corrective solution as

soon as possible.

In any case, the Member acknowledges to be informed and accept the fact that the Publisher cannot, in any capacity, nor in any form whatsoever, be held responsible for the loss/damage of data; the Member renounces to seek any compensation in any capacity and of any nature whatsoever, in this respect. Section 8. OBLIGATIONS / LIABILITY AND THE MEMBER DECLARATIONS

8.1 Abuse

You will inform us as soon as possible, of any loss, misuse or unauthorized use of your account (email

and password) you would have learned about.

We will then have the ability to reset your credentials by giving you a new password.

8.2 Hacking

The data circulating on the Internet are not protected against misappropriation and potential hacks.

You agree to respect the codes of conduct, use, and rules of behavior published on the Website

and/or on the Website (s) of our partners as well as the instructions for use, warnings, reproduced or

mentioned by us and/or our partners.

8.3 Fraud

You agree not to reproduce, copy, sell, resell, or exploit for any commercial purpose any part of the

program, any use of the program or any right of access to the program. Any fraud or abuse of the

program, may result in administrative and/or criminal action including the confiscation of the awards

and the cancellation of your Membership.

8.4 Statements

The Member States expressly and irrevocably:

be fully aware that the Publisher only allows him (subject to Membership and acceptance of these Terms) to use the program as part of its voluntary participation in the Event.

that these Terms and conditions are independent of any other contractual relationships of the Member with the organizer of the event,

to be fully aware that the role of the Publisher is not to assist in the preparation of the Event or provide any sportive counseling, but only to allow it to use the Program.

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Article 9. PERSONAL DATA The Publisher agrees to respect the confidentiality of personal information and personal data provided by Members and/or Users, and to treat it in accordance with the Data Protection Law 78-17 from 6 January 1978 ("Data Protection Act").

Information collected from Members and/or Users are recorded and used by the Publisher to:

- Ensure the sharing of performance data in the community of Members, - Statistical purposes, - Ensure the allocation of Awards in connection with certain Challenges, - Communicate about the winners of the Challenges, - Custom communication, - Adjust any problems and enforce these Terms.

The Publisher may be required to transfer securely to third parties specific information including personal data, on order to ensure the fulfillment of tasks necessary to process orders, to ensure the delivery of goods and/or benefits, to fight against fraud and any criminally punishable activity, and for certain aspects of after-sales service.

In addition, the Publisher may also communicate these data to answer an injunction of the legal or regulatory authorities.

Under the provisions of Article 39 and according to the Data Protection Law, the User is free to request, at any time, a right of access, rectification and opposition of the data, and personal data concerning them. To exercise these rights, the user may, at any time, make a request by sending an e-mail to the address [email protected] or by contacting the Publisher in written: Lufthansa Marketing Department, 30 Avenue des Fruitiers, 93210 Saint-Denis, France, or [email protected]

Thus, you may require rectifying, completing, clarifying, updating or deleting information which is inaccurate, incomplete, ambiguous, outdated or whose collection or use, communication or conservation is prohibited.

Data and personal data of the User and/or Member are hosted either by the Publisher or by any subcontractors of its choice for the strict fulfillment of its obligations. This data is kept in accordance with the Data Protection Act for a period justified by the purpose of treatment.

When collecting data, certain personal data are mandatory, others Optional: the user will be

informed through an asterisk indicated near every required field. If the required fields are not

completed, access to the program will be impossible for the user.

In accordance with the provisions of the Data Protection Act, the automated processing of personal

data carried from the Website has been declared to the National Commission on Informatics and

Liberties (CNIL) which has issued on 21/09/2016 a receipt under the number1 991761 v 0.

Data Distribution: our goal is to protect the confidentiality of your data and personal information

against loss and unauthorized access from internal or external users. Thus, we have implemented

appropriate measures to ensure optimum protection. Despite our efforts, there is always a risk that

such data could be intercepted by a third party.

We do not sell or cede to anyone the information and personal data provided by our Users and

Members.

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Authorization for Use the information: in order to allow us to use the information you have

provided to us, without violating the rights that you may have about this information, you grant us a

transferable license, non-exclusive, free, and without limitation of duration or territory, with the

right to sub-license, use, exploitation and disclosure of such information for use in any existing or

future media, in accordance with the protection of your rights. This license will remain in force for

the entire legal term of protection of your Personal Information.

Section 10. Image rights

The Website allows its Members to upload a photo (personal image). This will be attached to the

profile.

To this end, the User and/or the Member explicitly authorizes the Publisher to register, to use, distribute, exploit, adapt images and videos of himself and his minor children, posted on the Website in the Program and Challenges for reproduction and / or representation thereof for the purpose of promoting the Program and the Challenges. This operation may be carried out by all operating modes known or unknown to date and on all communication media, and especially the electronic communication (Website, including social networks, extranet, intranet, etc., regardless of the format (html, etc.) regardless of the vector and the reception device.) This authorization is granted to the Publisher worldwide, and for a period of 10 years. The Publisher agrees not to disclose, in addition to the image and voice of the User and / or Member the personal information which was indicated. The Publisher will ensure that any comments accompanying the distribution of the image and voice of the user and/or Member shall in no way affect its reputation, honor or dignity. The User and/or the Member explicitly authorize the operation of stop-motion or screenshots that would be drawn from the above mentioned video recordings. The Publisher will have complete freedom in the choice of images, editing and possible cuts, subject to respect for the image of the User and/or Member. This authorization is given free of charge and without compensation. Therefore, the User and/or the Member shall not claim from the Publisher any remuneration or compensation for the use of his image in the conditions defined above. The permission above applies for the Member and for his minor children.

You agree that this photo or image:

a) is not fraudulent

b) does not infringe the copyrights, patent rights, trademark rights, trade secret, other intellectual

property rights, the right of disclosure or third parties' privacy

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c) does not violate any law or regulation (including, and without restriction those governing the

control of exports, consumer protection, unfair competition, discrimination or false advertising)

d) is not defamatory, slanderous or calumnious

f) is not discriminatory or incite to violence or racial, religious or ethnic hate

g) does not have obscene or pedophilic content

h) does not contain viruses, Trojan, worms, time bomb, cancelbot or any other computer program

intended to damage or to surreptitiously intercept any computer system, data or personal

information

i) represents you in a proper and decent manner.

The Publisher reserves the right to remove any photo not respecting the rules previously mentioned.

By deleting photos on your own from your profile, you will also erase these pictures from our servers.

No copy will be stored.

You agree that the photo or image and its distribution is your sole responsibility. Article 11. COOKIES

The user is informed that, during his visits on the Website, a Cookie can be installed automatically on

its navigation software.

A Cookie is a set of data which is not identifying the Users but is used to record information related

to his navigation patterns on the Website. The different types of Cookies are:

Navigation Cookies: these cookies allow the Website to work properly, and allow you to view the

content on your device by recognizing the language and the country from which you choose to

connect. These Cookies are essential for the good functioning of the services of the Website.

Audience Measurement cookies: refer to Cookies which record data in order to compile statistics of

attendance and usage of all elements of the Website. These Cookies, which do not identify the user,

allows the Publisher to improve its services.

Advertising Cookies: refers to Cookies that allow to offer the user a targeted advertising, content

based on interests, but also to limit the number of appearance of advertisements.

Social Network Cookies: Cookies used for sharing content present on the Website through social

networking Websites. Social networking Cookies are managed by the publisher of the social network

Website

Depending on your settings, your browser can inform you about the presence of the cookies, and you

would even be able to refuse it. You can find this described in detail at the following address:

www.cnil.fr

The user is free to accept the registration of all Cookies embedded on the visited pages, or to refuse

the storage of Cookies.

Once the User agrees, the Cookies collected throughout the Website navigation will be temporarily

stored in the User’s terminal. The agreement given by the User is valid for a period of 12 (twelve)

months after the first filing in the terminal of the user, based on his consent.

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The User has a right of access, withdrawal and modification of personal data through Cookies under

the above conditions.

The Publisher may freely use the data collected as part of the studies and statistical analysis on the

use and the typology of users of the Website, provided that their anonymity is secured. Special Note:

the Website uses Google Analytics, an analytical service provided by Google Inc. ("Google"). Google

Analytics uses Cookies, which are text files placed on your computer to help the Website analyze the

use of the Website. The data generated by the Cookies about your use of the Website (including your

IP address) will be transmitted and stored by Google on servers in the United States. Google will use

this information to evaluate your use of the Website, to compile reports on the Website intended for

his publisher and to provide other services related to Website activity and internet usage. Google is

likely to communicate these data to third parties in case of legal obligation or where third parties

process these data on behalf of Google, including notably the Publisher of this Website. Google will

not associate your IP address with any other data held by Google. You can disable the use of Cookies

by selecting the appropriate browser settings. However, such deactivation could prevent the use of

certain features of this Website. By using this Website, you expressly consent to the processing of

your personal data by Google in the conditions and the purposes described above.

Section 12. COOPERATION WITH PUBLIC AUTHORITIES

We reserve the right to cooperate, according to the law, with the public authorities which conduct

audits in connection with any content or services accessible via the Internet or with your activities.

Article 13-TERMINATION - CANCELATION 13.1 - Termination by the Member

You may terminate your Membership at any time by writing to contact@destination-running-

lufthansa.com

For processing reasons, your termination will be taken into account within a maximum of 7 (seven)

days after receiving your email or your registered mail.

Any completed termination leads to the Member losing access to the program, loss of the statistics

and validation of current Challenges.

13.2. Termination by the Publisher

We may terminate or suspend your account at any time, without notice and without judicial

formalities by electronic mail with acknowledgement of receipt or by registered letter with

acknowledgment of receipt with a notice period of 10 (ten) days, in one or more of the cases listed

below:

use of the program contrary to the public order and good morals;

damage of our pecuniary rights or those of a third party;

Act affecting the operation of the program;

death;

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loss, misuse or unauthorized use of your IDs;

communication, fraudulent use of your password;

fraudulent use, diverted or malicious program (including maneuvers leading to gain

unwarranted challenges);

providing of your account to a third party;

Accordingly, we will cancel your Membership without further notice and you will have to, if

necessary, take over all costs for any damage or losses, lawsuits or other due fees.

We may also terminate your Membership by right and without legal formalities by electronic mail

with acknowledgement of receipt or by simple mail with a notice period of 2 (two) weeks in the case

of:

legislative or regulatory change or any decision of an administrative authority affecting

substantially the provision of the program;

termination of the program.

13.3 Termination and obligations

In the event of a termination of your Membership, no matter the cause of the termination, it is expressly provided that you remain responsible for compliance with obligations arising prior to the date of termination of the Account. Section 14. CHANGES/TERMINATION OF THE PROGRAM

We reserve the right to change or modify any element of the program including the displayed data,

the calculation of the statistics or the Challenges without limitation. These changes will be

communicated on the Website, through the Newsletter and email notification within a reasonable

time. However some changes can have an immediate effect and we will try to notify you as soon as

possible.

We reserve the right, at any time, to discontinue temporarily or permanently, all or part of the

program. You will be notified previously on the Website, through the Newsletter and email

notification within a reasonable time.

We cannot be held responsible against you or against a third party for any modification, suspension

or interruption of the program.

Section 15. Modification of terms

We can at any time amend the provisions of the Terms and conditions. All changes will come into

effect at the end of a period of 30 (thirty) days after sending a notification e-mail to the Members.

We grant you a period of 30 (thirty) days to allow you, as appropriate, to inform us that you do not

agree with these changes, therefore the contract based on these Terms and conditions and your

right to use our services will end at the end of this period of 30 (thirty) days.

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In case of contradiction between the dispositions of the Terms and conditions and any changes that

would be brought to them,in order to respect national laws and regulations in force, the changes will

prevail.

Article 16. APPLICABLE LAW AND COMPETENT COURTS Notwithstanding the country in which the user uses the Website or the Services, these terms are exclusively governed by French law. Given the global nature of the Internet, users must also comply with the rules applicable to the territory from which they visit the Website. It is therefore recalled that it is theirs to check beforehand the legality of the actions they perform through the Website in terms of the laws and regulations in force in the territory from which they carry out these actions and operations.

Dispute related to the interpretation, validity and the consequences of these terms, the Parties agree

to seek an amicable solution primarily. If no amicable solution, the French courts will be only

qualified.

Article 17. VARIOUS

The Terms and conditions constitute the entire agreement between You and Us with regard to the

Program and supersede any prior agreement made between You and Us.

If one or more provisions of terms were held to null or invalid or declared as such under any law, a

regulation or following a decision by a competent jurisdiction, the remaining provisions will retain

their strength and scope.

In case one of the parties will not claim any breach by the other party to any obligations referred to

in the Terms and conditions, or delay to exercise any rights mentioned in the Terms & Conditions,

cannot argue definitive renunciation of the execution of this contract or any other provision, or the

exercise of that right or any other right.

The titles of the articles have only an indicative value.