Legal terms & Privacy 2022
Date: July 2022
Welcome to https://couture.balenciaga.com (”Website”).
The Website is owned and operated by BALENCIAGA a simplified joint-stock company incorporated under the laws of France with a share capital of 23.271.525 €, registered with the Paris Trade and Corporate Register under unique identification number 775 668 122 and with registered office at 40 rue de Sèvres 75007 Paris France (“Balenciaga” or “we”, “us”, “our”).
The Website’s publishing director is Mr. Cédric Charbit. The Website is hosted by Amazon Web Services, Inc. P.O. Box 81226, Seattle, WA 98108-1226 (tel: 001 206 266 7010).
Purpose of the Website
The Website is made available by Balenciaga to share information on its 51st Couture collection including fashion shows looks, videos, as well as other documentation and content.
1. Definitions and Acceptance of these ToU
These ToU applies to your access to, and use of, the Website, and the Content.
The terms “you” and “your” refer to any user of the Website. “Content” means all information, documentation and materials included on the Website including the design, layout, look, appearance, graphics, organization of the contents of the Website, photographs, images, illustrations, text, fonts, videos, music, sound, audio clips, lookbook images, press releases, press kits, show notes, logos, trademarks, service marks, all other marks, brand names, trade or business names, domain names and URLs and software and any other document uploaded, extracted or screened from the Website. When accessing the Website for the first time, you will be asked to agree to these ToU. If you do not agree to be bound by these ToU, do not use the Website. We reserve the right to amend or update all or part of these ToU from time to time at our discretion. Please note that, when visiting the Website for the first time after changes to the ToU have been uploaded, you will be asked to agree to the updated ToU. If you do not agree with the revised ToU, do not use the Website.
2. Accessing the Website and the Content
Ensure that you have all necessary equipment, hardware, software, operating systems, network cards, Internet browser and other elements allowing you to access and use the Website and the Content. You assume all responsibility for any access to the Website and the Content.
General access to the Website, to the fashion- show video, to the look- book, archives image and show note is open to any user of the Website.
Access to the Press Section of the Website is meant to be reserved to media professionals and journalists who have received an invitation with a QR code and a password from us (the “Professional(s)”). Professionals shall not disclose or share the password with anyone, except for a member of their team, are responsible for ensuring that each person in their team maintains the confidentiality of the password and agree that they are fully responsible for all activities that occur under their password. If Professionals believe that an unauthorized individual has used their password to access the press kit, they should immediately notify us. There is no legal claim for being granted access to the press kit and we are free not to provide access to the press kit.
3. Use of the Website and the Content
You agree that in using the Website, you will not: - use anyone else’s password without the permission of the individual who has received the password from us; - use the Website in any way that interrupts, causes or may cause damage to the Website, impairs the Website’s availability or accessibility or renders the Website less efficient; - circumvent or attempt to circumvent the Website’s security measures and tamper with the technology that forms part of the Website; - obtain or attempt to obtain any information, materials or documents not purposely made available to all through the Website through any means (such as the press kit); - breach any applicable law; - use the Website for any unlawful purpose or in a way which infringes the rights of any third parties;
If you are a private individual, you are permitted to consult the Content from the Website exclusively for your private use.
If you are a Professional and have an access to the Press Section of the Website, you are permitted to download, copy, reproduce, print, publish, disclose, distribute, provide to the public, communicate, display the Content from the Website exclusively for your business purpose and for the purpose of promoting, advertising and marketing the Balenciaga collections. The Content should not be used for any commercial purpose. You must not modify, remove, delete, add to, the Content or create derivative works of any of the Content for any purpose, unless authorized to do so in writing by us or our licensors. In particular, lookbook images shall not be modified and/or twisted in any way. No reframe, retouch or cut out parts of the lookbook images is allowed. If necessary, for the text referring to the lookbook image, a reference to the show notes shall be done.
Any use which is not expressly permitted by these ToU is prohibited.
We reserve the right to deny, restrict, suspend, or terminate your access to the Website and to the Content (including the press kit) at any time, without notice and without liability to you, if your use of the Website or the Content is in breach of any of your obligations under these ToU, or any other provisions of these ToU, without prejudice to any other remedies available to us under applicable law and under these ToU.
4. Intellectual Property Rights
The Website and the Content are either owned or licensed by us, and are protected by applicable copyright, trademark, patent or other intellectual property laws around the world. We reserve all such rights.
Unauthorized use of the Website or the Content contained on it may violate applicable intellectual property laws or other laws.
Links to Third Party Sites. The Website may include links to third-parties’ websites (“Linked Sites”). We have no control over such Linked Sites and will not be responsible or liable for the availability of the Linked Sites or for their content, products or services. These links are provided solely for your convenience and should not be interpreted as an endorsement by us of such Linked Sites or their contents, products or services, their privacy and security practices or the manner in which they conduct their operations.
Links to our Website. You are not permitted to frame the Website or its Content on any other website, or to link to our Website, any page of it and/or to the Content, without our prior written consent.
6. No Warranties
The Website and the Content are provided free of charge on an “as-is” and “as available” basis and we exclude all warranties or guarantees in connection with this Website and the Content, to the extent permitted by law. By way of example, we do not guarantee that the Website will always be available, without interruption or errors in functioning, or that it will be safe from malicious programs such as viruses, bugs, malware or similar, or that it is suitable for any particular purposes.
We work to ensure that the information made available through the Website is accurate and up to date. However, we cannot guarantee the accuracy of such information (including the Content) or that such information is free from errors or omissions and we make no warranty, and shall have no liability, in respect of the same.
7. Limitation of Liability
To the fullest extent permitted by applicable law, Balenciaga and its licensors shall not be liable for any damages of any kind (whether direct or indirect) arising out of or in connection with (i) the access or use of, or inability to access or use, the Website or the Content, nor (ii) any third-party claims, even if Balenciaga has been advised of the possibility of such damages. Nothing in these ToU limits or excludes our liability for any liability which cannot be limited or excluded by applicable law. Some jurisdictions do not allow certain exclusions or limitations of warranty or liability, and consequently some of the above exclusions and limitations may not apply
8. Governing Law and Jurisdiction
These ToU and any matter relating to your access to, or use of, the Website shall be governed by and will be interpreted in accordance with the laws of France (without reference to its conflict of law provisions).
You and we agree to submit any dispute arising out of, or relating to, these ToU including the validity, interpretation, breach or termination thereof, to the exclusive jurisdiction of the courts within the jurisdiction of the Paris Court of Appeal.
9. Contact us
If you have any questions about these ToU or the Website, you can contact us in one of the following ways: - By regular mail to BALENCIAGA – 40 rue de Sèvres 75007 Paris France - By telephone at + 33 1 56 52 17 17