Van Cleef & Arpels

8 seconds of Luck

Setting Luck In Motion

GENERAL CONDITIONS OF USE

Europe + other (International) : Client.Relations.Europe@vancleefarpels.com
Japan : maison-jp@vancleefarpels.com
United States : client.relations.usa@vancleefarpels.com
Asia : Client.Relations.Asia@vancleefarpels.com

The Website server is hosted at:

The Website is operated by Van Cleef & Arpels International (VCA, we, our, us), branch of Richemont International S.A. Route des Biches 8CH-1752 VILLARS-SUR-GLÂNE 2 and registered on the Commercial Register of Fribourg, No. CH-217-3542516-3, share capital CHF 31 387 000.

The use of this Website and the applications which are associated with it, such as Facebook, Twitter, etc. (the Applications), is subject to the following terms and conditions (“Conditions”). Please read these Conditions carefully before using the Website. Continuing use of this Website shall mean that you unreservedly accept these Conditions. If this is not the case, we request that you do not use the Website and the associated applications;

VCA reserves the right to periodically amend the Conditions. The amended Conditions will take effect on the date they are placed online on the Website for all users. Consequently, we request that you consult these Conditions regularly.

Object of the Website, creation of a profile and publication of Lucky Days and comments

VCA has created this Website and the Applications to provide information to the users (hereafter the “Users”) and to enable them to share their own vision and their personal experience of “luck”, through the publication of personalised “Luck messages in motion”– including texts, and video extract.
Publication of the Content by the User on the Website or the Applications requires the creation of a profile (hereafter the “Profile”). A User wishing to create a profile must fill in a form (containing the fields, surname, first name, country of residence and e-mail address).

If Content is published on the Website or the Applications it will be able to be viewed by third parties.

Minors are not authorised to register and create an account except with the agreement of the people who hold parental authority over them and under their full responsibility.

Use of the content found on the Website

A User may only download the pages to a computer from the Website or the Applications or print a copy for his/her own personal use and for private, domestic, educational and non-commercial purposes, provided that he/she does not make any modification to the Website or Applications and in particular, retains the trademarks and Copyright © references intact, as well as the disclaimers relating to VCA Intellectual Property rights.

Unless otherwise indicated, all the graphic and textual elements appearing on the Website and the Applications, such as the logos, photographs (particularly made available to the User to illustrate his/her lucky day), including the models represented in the photographs, images, illustrations, icons, text, video clips, animations, (hereafter the “VCA Content”) are protected by copyright legislation, trademark law and the provisions from international treaties throughout the world.

The VCA Content cannot be modified or used in any way; in particular, it may not be reproduced, represented or distributed to all or part of the public, displayed, marketed or incorporated into a derivative work for public or commercial purposes.

Furthermore, it is prohibited to use or display the VCA Content on another website or in an IT environment on the web, for whatever purpose. If the User infringes one of these Conditions, authorisation to use the VCA Content shall automatically be terminated and the user must immediately destroy the copies he/she may have made of the VCA Content.

VCA provides users of the website who want to publish a “luck message in motion” with a video bank enabling them to illustrate their luck message if they so wish. For this purpose, VCA expressly authorises the user to copy this image onto the lucky day. Any other use must be subject to VCA’s prior and express agreement.

Any unlawful Use of VCA Content may in particular constitute an infringement of copyright law, commercial trademark legislation, and respect for privacy and advertising law, as well as general laws and regulatory provisions concerning communications law. Setting up a hyperlink to the VCA Website from a third party website is prohibited, unless prior written authorisation has been granted.

Transmission of information by the User to the Website

With the exception of Content published by Users, any unsolicited communication, information or content sent by the User to the Website, by electronic mail or other means, will be treated by VCA as non-confidential information and completely free of copyright with the exception of personal data enabling identification of the actual User.

Messages and content not requested by VCA include (but are not limited to) data, questions, replies, comments, suggestions and other similar messages from the User (hereafter “unsolicited Content”).

Furthermore, VCA enjoys a certain reputation in the field of the design and development of luxury products. VCA, therefore, has its own sources of inspiration, particularly in-house with teams of designers, who work continually on the design of new products and on the improvement of its creations. Consequently, VCA cannot agree to be the recipient of information or collaboration proposals unless it requests them, particularly as similar ideas may have already been or are currently under consideration within VCA. As a result VCA is not interested in receiving the information/collaboration requests that you may submit to it.

Personal data

The information (surname, first name, e-mail address, etc.) provided by Users at the time of creating a Profile or issuing a request, will be used to reply to the requested information, and may be used for marketing research purposes in relation with VCA and to provide information about Van Cleef & Arpels products and events (subscription to the online newsletter on acceptance of the User).

VCA will not use Users’ personal data to send them unsolicited advertising messages, unless they have given their express agreement.

For statistical purposes, VCA shall analyse non-personal and aggregate data relating to use of the Website and Applications. All personal data are collected, with the knowledge and agreement of Users, following the Creation of a Profile, requests or demands displayed on the Website or the Applications.

VCA undertakes to take all necessary steps to ensure the protection of personal data at all times.

It is possible that some data will be transferred to a platform based outside Switzerland. If the degree of protection of privacy in a certain country is not equivalent to the protection guaranteed under Swiss law, VCA will guarantee that the transfer of data is secure. The User expressly agrees to the possible transfer and storage of this data in databases located outside Switzerland.

Users may request Van Cleef & Arpels to remove personal data relating to them from its database. Users are also informed that they may request in writing access to and/or the correction of inaccurate data relating to them.

Any request relating to personal data must be sent by e-mail to:
Europe + other (International) : Client.Relations.Europe@vancleefarpels.com
Japan : maison-jp@vancleefarpels.com
United States : client.relations.usa@vancleefarpels.com
Asia : Client.Relations.Asia@vancleefarpels.com

VCA wishes its policy of confidentiality and protection of personal data to demonstrate its commitment to protecting the User’s personal data.

The User’s Guarantees

The User is fully responsible for the Content that he/she publishes or sends to VCA.

Consequently, the User undertakes to observe the legislation in force in his/her country and specifically to:

- Observe the usual rules of courtesy and relating to any insult or expression of an outrageous nature;
- Not publish any photo or any content of an erotic and/or pornographic nature.
- Not publish comments containing: information likely to be considered libellous, threatening, abusive, obscene, racist, likely to incite paedophilia, discrimination, hate or violence on the basis of race, ethnicity, religion or inciting Nazi sympathy or disputing crimes against humanity; any counterfeit content; any information offending public decency, or that is generally unlawful;
- Not use the Website or the Applications for threatening, harassing or insulting purposes, or more generally to infringe the rights of third parties (including the right to privacy);
- Take care not to reproduce, represent or distribute neighbouring rights to copyright of works protected by the law on intellectual property or registered trademarks without the consent of its author or its holder;
- Refrain from collecting, storing and/or distributing the personal data of others or from distributing personal data relating to him/her such as social security number, credit card number, name and address, driving licence number;
- Not indulge in “spamming” activities consisting of sending messages of any nature to many different Users or to unregistered third parties;
- Not impersonate the identity of another User or of any other person (for example not attempt to usurp a pseudonym this is already used or of a known person) in particular, with the intention of misleading or causing harm to others;
- Not use the Website or Applications for commercial purposes in particular for promotional purposes and in general not to offer products and services in return for remuneration;
- Not collect the personal data of other Users;

VCA reserves the right to withdraw Content – and to remove any Profile associated with this content – which does not comply with these Conditions, or with the editorial line and/or the spirit of the Website or Applications.

VCA does not guarantee that the Lucky Days and the Comments that are published by Users will be published on the Website and Applications.

An e-mail will be sent to the User in the event of publication of his/her Lucky Day or Comments.
If a User discovers Content on the Website or Applications that infringes his/her rights, or contravenes the terms of this document, he/she may send an e-mail to VCA to the following address:
Europe + other (International) : Client.Relations.Europe@vancleefarpels.com
Japan : maison-jp@vancleefarpels.com
United States : client.relations.usa@vancleefarpels.com
Asia : Client.Relations.Asia@vancleefarpels.com

Assignment of rights

The User may be required to publish Content on the Website or Applications or to send VCA unsolicited Content, which may be covered by intellectual property rights.

The User guarantees he/she is the holder of all the copyrights and/or neighbouring rights relating to the Content and unsolicited Content that he/she publishes on the Website and/or the Applications, and/or has obtained the lawful assignment of all the intellectual property rights over the Content and unsolicited Content, in particular for the use specified in the terms of this document. VCA reserves the right to request notification of the contract between the User and the holder of the rights. The User guarantees that VCA shall have free and peaceful use of the Content and unsolicited Content and undertakes to hold VCA and its beneficiaries harmless and cover it against any claim, in particular a financial claim that may be brought against it as a result of exercising these rights, including court costs, legal fees, settlement fees, conviction, etc.

In the event that the User holds the intellectual property rights over the Content and unsolicited Content, the latter expressly acknowledges that their publication on the Website or the Applications, or their transmission to VCA, constitutes non-exclusive assignment free of charge to VCA of the operating rights under the conditions specified below, throughout the world and for the full duration of the protection of the intellectual property rights and any extensions; particularly:

The right of reproduction, i.e. (1) the right to record or have recorded all or part of the Content or the unsolicited Content by any technical process (in particular phonographic, sound, video, in silver mode, analogue or digital) known or as yet unknown to date, on any media, in all definitions and in all formats, using any picture ratios, black and white or colour images, in several dimensions; (2) the right to make or have made in any number decided by VCA any originals, duplicates or copies, on any media, in particular paper, film, video, sound track or any others know or as yet unknown to date in all formats and by any processes (in particular analogue and/or digital), known or as yet unknown to date, from the Content and unsolicited Content, without limitation of number; (3) the right to digitize the Content and Comments and to store them on any media (videocassette, DVD, DVD-HD, Blu-Ray, UMD, CD-ROM, DVD-ROM, mini-disc, etc.), to adapt, compress and decompress them or to use any other technical processes of a similar nature, for the purposes of their storage, transfer and/or use.

The right of representation, i.e. (1) the right to carry out or have carried out the representation, distribution and communication to the public by means of broadcast in any language and for an unlimited number of broadcasts, of the Content and unsolicited Content in full, by extracts or by sequences, in the original version, dubbed or subtitled in any language, on any media and by any processes known or as yet unknown to date, particularly but not limited to internet use (reproduction, downloading, streaming for free or for payment, fixed or mobile, I-mode, etc.), broadcasting on any video screen, overhead projector and any broadcast or projection terminal, use on any mobile telephony media (3G, 4G, I-Phone, BlackBerry, etc.), in all printed media in particular in the press, magazines, brochures, catalogues, books, manuals, works, booklets, posters, etc., sound media, including sound tracks, phonograms, on all digital media (mp3, mp4, IPod, tablets, Podcast, etc.) and by all means (radio broadcast, downloads, streaming, etc.); (2) the right to proceed with any radiophonic broadcast, in particular digital and/or analogue, by all processes inherent in radio broadcasting and in particular by Digital Radio Mondiale (DRM), Digital Audio Broadcasting (DAB), by digital radio T-MDB, by RadioDNS, by means of IP, by web radio; and by any means of processing known by it or as yet unknown to date; (3) televisual broadcast and in particular digital and/or analogue, by any processes inherent in television broadcasting and by any means and/or image processing and/or sound processing that can be used together or separately, known or as yet unknown to date, in particular by digital and analogue radio waves, cable, ADSL, including by any telephone networks in particular using the XDSL technology including for example the mobile television such as DVB-H or T-DMB, Satellite, and also any similar electronic communication networks, distribution on interactive television channels including in particular video on demand (VOD, SVOD, Pay per view).

The right of adaptation: The User expressly grants VCA the right to adapt and split the Content and unsolicited Content, to add subtitles, explanations, captions, dubbing, translations, sound recordings, music, trademarks, text, crop the images, etc.

In the event that the User holds the trademark rights over the Content or the unsolicited Content that it is publishing, it will grant a licence free of charge and non-exclusively to VCA, for all the territories in which the trademark is protected and for the full duration of the protection of the trademarks (renewals, etc.).

The User firmly and finally waives his/her right to request from VCA, or its beneficiaries, remuneration of any nature for the distribution of the Content and unsolicited Content, under the conditions set out in these Conditions.

Image rights

The User expressly and definitively accepts that the pseudonym or first name/surname that he/she gave at the time of registration, the country he/she indicated as being his/her place of residence and the personal information contained in the Content that he/she published or the unsolicited Content sent to VCA, may be reproduced, broadcast and adapted by VCA, under the same conditions as those set out for the intellectual property rights (see above).

This authorisation is granted free of charge, throughout the world and without limitation in time.

The User firmly and finally waives his/her right to request from VCA or its beneficiaries any remuneration of any description for the use of his/her image and his/her characteristics, under the conditions set out in these General Conditions of Use.

The User guarantees he/she has obtained authorisation to use the image or the characteristics of the persons represented in the photographs and/or images that he/she has published on the Website. VCA reserves the right to request notification of this authorisation. The User also guarantees VCA the free and peaceful use of these images and/or Content and/or unsolicited Content and undertakes to hold VCA harmless and guarantee it and its beneficiaries against any claim, particularly a financial claim that may be brought against them as a result of the use of these elements, including court costs, legal fees, settlement fees, sentencing, etc.

Disclaimer

The information available on the Website is published for general information purposes only.

VCA is anxious to broadcast full and accurate information but cannot guarantee the accuracy, precision or comprehensiveness of the information made available on the Website and cannot under any circumstances be held liable in the event of errors or inaccuracies contained on its Website and cannot guarantee that the use of its Website does not infringe the rights of third parties. Any use of the Website is carried out at the risk of the user.

VCA cannot be rendered liable in any way for the technical operation of its Website, and does not under any circumstances guarantee the total absence of viruses or other harmful elements on its Website and on the servers allowing access to it. If use of the Website or its content should cause the user the nuisance of having to have his/her hardware, software or databases repaired or replaced, VCA cannot be liable for the costs caused by these operations. In general, all the information contained on the Website is communicated “as it stands” and is “accessible depending on the availability of the website”, without any express or implied guarantee (and not restrictively, without any implicit guarantee of its suitability for a specific goal or usage and free from counterfeiting. VCA and its partner suppliers do not give any guarantee regarding the accuracy, reliability, comprehensiveness or appropriateness of the VCA content (text, images, and hyperlinks) and with regard to the results obtained following use of the website. Some courts do not accept the exclusion of implied guarantees, so the abovementioned exclusions may not apply to all users.

VCA cannot be held liable under any circumstances for losses resulting directly or indirectly from the use of the information or the software available on the Website, including in particular in the event of deprivation of use, operating loss, loss of profits, loss of data or any associated damage, no matter the legal basis relied on by the user, and even in the event that VCA had been previously warned of the possibility of such damage. Since some states and countries do not accept the exclusion or limitation of liability for damage resulting from such use, the abovementioned limitation of liability may not apply to all users.

Trademarks

Trademarks and logos (hereafter referred to collectively as “the Trademarks”) reproduced on the Website are registered or unregistered Trademarks belonging to VCA or are used under licence granted to VCA by third parties. No element of the Website can be considered to be an incitement or implicit authorisation to use the Trademarks published on the VCA Website. Any use requires the prior written agreement of VCA or of the third party holders of the Trademarks. Any abusive use of Trademarks or of any other content displayed on the Website is strictly prohibited.

Copyright

All the elements published by VCA on the Website, with the exception of the Content, are subject to the following copyright: Copyright © Van Cleef & Arpels. All rights reserved or any other copyright existing regarding the photograph or illustration.

Hyperlinks

Some links contained on the Website may refer to other websites managed by third parties, other than VCA. The presence of these hyperlinks does not imply in any way VCA’s endorsement of these sites. VCA has not checked all of the third party websites referred to on its Website and cannot be held liable for the content or the accuracy of the off-Site or third party websites referred to on its Website. Users of the Website consult the off-Site pages and third party websites at their own risk.

Termination

It is understood that VCA can terminate, with or without notice, a User’s access to this site, if it reasonably considers that the latter has breached these Conditions, acted in a way that does not comply with the letter or the spirit of the Conditions, or infringed the rights of VCA or of a third party or for any other reason.

The User acknowledges VCA’s right to modify the Website or to suspend his/her publication, or his/her Profile, with or without notice.
The User acknowledges that VCA cannot be held liable, towards him/her or a third party, for the consequences caused by such a modification or suspension of the Website or removal of his/her Profile. The provisions titled “Protection of Personal Data”, “Assignment of rights”, “Image rights”, “Disclaimer” and “General provisions” shall remain valid after the expiry of the Termination.

General provisions

Unless otherwise provided, the information and content published on the Website have the single object of promoting VCA’s products and services. VCA does not assert in any way that the content of the Website is suited to all countries of the world or is available to be used in all countries.

Users visit the Website at their own risk and are requested to observe the local regulations in force in their country, given that the access to the content may be considered to be illegal for some people in some countries. The products marketed by VCA are available in many countries. However, the Website may describe certain products that are not marketed throughout the world.

If VCA and/or the User do not exercise, or delays in exercising any of the rights under these Conditions or under the law, this shall not constitute and cannot be interpreted as a waiver of the rights in question. If one of the clauses of these Conditions lapses or becomes void, it shall be considered not to have been written but will not lead to the nullity or lapse of the other clauses of these Conditions.

The User is not authorised to transfer, grant a sub-licence or transfer in any other way his/her rights under these Conditions. The rights resulting from this Contract are freely transmissible by VCA to any company in the Richemont Group and/or to any company which, within the context of the restructuring of its share capital or of its activities, is substituted in its rights and obligations and in particular in the event of a transfer resulting from a merger, partial transfer of assets or an assignment of assets.

Any action or claim relating to the Website must be brought within a period of two years after the claim or the first appearance of the right (cause of action).

These Conditions shall be governed by and interpreted in accordance with Swiss law and disputes relating to them shall fall within the exclusive jurisdiction of the competent Courts of Fribourg. VCA’s waiver of its right to assert an infringement of one of the provisions of the Conditions may not be interpreted as a waiver of its right to rely on another provision.