Special Conditions of Use for the Motion/MyMotion web platform and its mobile applications
The DotVision Motion website (the “Site”) and mobile application (the “Application”) are made available to you by DotVision, SAS, whose registered office is located at 42 rue de l’innovation, 77550 Moissy Cramayel, France, subject to these Special Conditions of Use and the General Conditions of Use. By consulting, using or downloading documents from the Site, you agree to follow and comply with the General and Special Conditions of Use, which may be updated by DotVision without notice to you. You can consult the latest version of the Special Conditions here https://mymotion.dotvision.com/terms and the General Conditions here https://dotvision.com/cgu . DotVision and its third-party providers may make improvements and/or changes in the products, services, mobile applications, features, programs and prices described on the Site at any time without notice to you.
DotVision reserves the right at any time to modify or discontinue, temporarily or permanently, the service or any part thereof with or without notice. You agree that DotVision shall not be liable to you or to any third party for any modification, suspension or discontinuance of the service or any part thereof.
To use the available geolocation services, you must create a DotVision Connect user account and complete a registration form. You agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form (the “User Data”) and (b) maintain and promptly update the User Data to keep it accurate and current. You agree that DotVision may use your User Data to provide services on the Site and the Applications that correspond to the interests you have communicated to us. If you provide information that is inaccurate or out of date, or DotVision has reasonable grounds to suspect that the information provided is inaccurate or out of date, DotVision has the right to suspend or terminate your account and refuse any and all current or future use of the Application and the Site. With respect to your use of our services, you represent that you are of legal age to form a binding contract and that you are not prohibited by any applicable law from receiving services.
When you register for an event, you must complete a registration form including your first and last name, race number, gender, profile photo, category and nationality. You agree to provide true, accurate, current and complete information on this form and to maintain and promptly update this data to keep it accurate and current.
You accept that this data may be made public on events where access is not protected. On the other hand, on events declared “private”, you agree that this data may be viewed by all users authorized to access the event.
To use the geolocation services available on the mobile Application, the device running the Application must be registered in DotVision’s databases. By accepting the registration of your device, you accept that the IMEI, brand and model of the device will be registered for an unlimited period of time, unless you expressly request otherwise.
Streaming and storage of geolocation data
When activating the geolocation services, rented GPS beacon or on the DotVision mobile Application, your geographical position is sent live to DotVision servers, provided that a connection is established between the device and these servers.
YOU AGREE THAT YOUR LOCATION AND THE DATA DERIVED FROM IT WILL BE VISIBLE ON ALL LIVE EVENTS YOU REGISTER FOR THROUGH THE DOTVISION MOTION SITE AND APPLICATIONS, AS LONG AS THE GEOLOCATION SERVICES ARE RUNNING ON THE DEVICE. IN THE CASE OF A PUBLIC EVENT, THIS DATA WILL BE PUBLIC.
This data includes the participant’s surname, first name, nationality, race number, gender, category and photo, geographical position in real time, speed, altitude, heading, time elapsed since last position, distance covered, minimum and maximum altitudes, positive and negative gradients, as well as stationary and moving times.
Positions that could not be sent live are stored on the device and retransmitted as soon as a connection to the DotVision servers can be re-established.
DotVision stores geolocation data for a minimum of 1 year. This data may be deleted at the explicit request of the user.
In an effort to ensure continuous improvement, the Application records in a “log” file all information relating to the operation of geolocation services. This file can be transmitted to DotVision from the mobile Application. Its contents are reset to zero with each new tracking session, and can be deleted at any time from the “My device” page.
DotVision is committed to protecting user data, ensuring its confidentiality and security, and not disclosing it for commercial purposes.
In accordance with the French Data Protection Act (Loi Informatique et Libertés) of January 6, 1978, you have the right to query, access, modify, oppose and rectify your personal and geolocation data.
You accept that user data and geolocation data may be used to establish anonymous statistics on a group of users.
In order to improve its services, DotVision Motion uses Google Analytics to anonymously analyze user behavior on the Application.
You are personally responsible for maintaining the confidentiality of the password associated with your account and for restricting access to your password and to your computer while logged on to the Application. You agree that you are responsible for all activities that occur under your account. We endeavor to use reasonable security measures to protect your account from unauthorized access. However, we cannot guarantee the absolute security of your account, your Content or the personal data you provide, and we cannot certify that our security measures will prevent hackers from illegally accessing the Application and its Content. You agree to immediately notify DotVision of any unauthorized use of your account or password, or any other breach of security, and you also agree to accept all risks of unauthorized access to User Data and any other information you provide to DotVision.
You agree that all information, data, text, software, sound, photographs, graphics, video, messages, tags or other materials (“Content”), whether publicly posted or personally transmitted, available through the Application is the sole responsibility of the person from whom such Content originated. In other words, you, and not DotVision, are entirely responsible for the Content that you upload, post, transmit or otherwise make available through our services. DotVision does not control or monitor the Content posted on the Site by users and therefore cannot guarantee the accuracy, integrity or quality of such Content. You understand that by using our services, you may be exposed to Content that is offensive, indecent or objectionable. DotVision shall not be liable in any way for any Content, including, but not limited to, any missing or inaccurate Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted or otherwise made available on our services.
You agree not to use our services to: (a) upload, post, e-mail, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, indiscreet, hateful or racially, ethnically or otherwise objectionable; (c) impersonate any person or entity, including, but not limited to, a DotVision representative, or falsely state or otherwise misrepresent your affiliation with a person or entity; (d) upload, post, e-mail, transmit or otherwise make available any Content that you are not authorized to make available under any law or under contractual or fiduciary relationships; (e) upload, post, e-mail, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret or other proprietary right of any party; (f) upload, post, e-mail, transmit or otherwise make available any unauthorized or unsolicited promotional or advertising materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation; (g) upload, post, e-mail, transmit or otherwise make available any material that contains software viruses or any other computer code, programs or files designed to steal data or interrupt, destroy or limit the functionality of any software, hardware or communications equipment; (h) interfere with or disrupt the DotVision Application, services or servers, or violate any requirements, procedures, policies or regulations of networks connected to the services; and/or (i) intentionally or unintentionally violate any applicable local, state, national or international law.
You agree that DotVision may choose whether or not to pre-screen or monitor Content and that DotVision and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, monitor, refuse or remove any Content made available through our services. Without limiting the foregoing, DotVision and its designees shall have the right to remove any Content that violates the Terms and Conditions or is otherwise objectionable. You agree that you must exercise your own judgment and bear all risks in connection with the use of any Content available through our services, including your reliance on the accuracy, completeness or usefulness of such Content.
You understand and agree that DotVision may access, preserve and disclose your User Data and other Content if required to do so by law or in the good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms and Conditions; (c) respond to claims that the Content violates the rights of third parties; (d) respond to customer service inquiries; or (e) protect the rights, property, or safety of DotVision, its users, or the public. Subject to the foregoing, DotVision will use reasonable efforts to maintain the confidentiality of your User Data and Payment Method information.
Our services are intended for personal, non-commercial use only, unless otherwise specified in an agreement. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, transfer or sell for any commercial purpose any portion of our services, use of our services or access to our services. You are also prohibited from creating derivative works from any part of our Site or Applications.
Content posted on the Site and Applications
DotVision does not claim ownership of any Content you may post or make available on the Site or the Applications. However, with respect to Content that you deposit or make publicly available (other than User Data), you grant DotVision a worldwide, perpetual, irrevocable, royalty-free, non-exclusive license, if any, to use, distribute, reproduce, modify, adapt, publicly perform, publicly display or otherwise exploit such Content on the Site and the Applications in order to provide and promote the features and services available on the Site and the Applications.
The Site may allow you to make private certain types of Content that you post, or to restrict access to certain users. When posting Content on the Site and the Applications, if you choose at the outset to make the Content private or to restrict access to a group of users, DotVision will guarantee the confidentiality of the Content in accordance with your choice. However, if you do not choose to make the Content private or limit access to a group of users, or if you later decide that the Content may become accessible to the public, DotVision cannot guarantee the confidentiality of such Content.
The DotVision service may provide links to other Web sites or resources. DotVision has no control over such sites and resources and you agree that DotVision is not responsible for the availability of such external sites or resources, and DotVision does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources.
You agree that DotVision services and Content available on the Application contain confidential and proprietary information that is protected by applicable intellectual property and other laws. Except as expressly permitted by applicable law or as authorized by DotVision or third-party service providers or applicable advertisers, you agree not to modify, rent, lease, sell, distribute or create derivative works based on the services and the Application or the Content available (other than Content you may submit), in whole or in part.
DotVision grants you a personal, non-transferable and non-exclusive right to access and use the Services provided that you refrain from, and prevent any third party from, copying, modifying, creating a derivative work of, reverse engineering, reverse assembling or otherwise attempting to discover any source code, selling, assigning, sublicensing, granting a security right in or otherwise transferring any right in the Application.
DotVision, DotVision Motion, MyMotion, the DotVision logo and other DotVision product names, services and logos are proprietary trademarks of DotVision and are owned by DotVision. You may not use these trademarks in any manner without DotVision’s prior written consent. Any third-party trademarks or service marks displayed on the Application are the property of their respective owners.
Limitation of liability and warranty
THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT AVAILABLE ON OUR SERVICES ARE PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND. DOTVISION AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES WITH RESPECT TO SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. DOTVISION AND ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO REPRESENTATION THAT (a) THE SERVICE WILL MEET YOUR REQUIREMENTS; (b) THE SERVICE WILL BE PROVIDED UNINTERRUPTED, ON TIME, ERROR-FREE AND SECURE; (c) THE RESULTS THAT MAY ARISE FROM THE USE OF THE SERVICE WILL BE EXACT OR RELIABLE; (d) THE QUALITY OF ALL PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (e) ANY ERRORS ON THE PLATFORM WILL BE CORRECTED.
YOU EXPRESSLY AGREE THAT YOUR SPORTING AND NON-SPORTING ACTIVITIES, WHICH GENERATE THE CONTENT YOU POST OR SEEK TO POST ON THE SITE AND APPLICATIONS INVOLVE CERTAIN INHERENT AND NON-NEGLIGIBLE RISKS OF PROPERTY DAMAGE, INJURY OR DEATH AND THAT YOU ASSUME ALL KNOWN AND UNKNOWN RISKS ASSOCIATED WITH SUCH ACTIVITIES EVEN IF CAUSED IN WHOLE OR IN PART BY ANY ACTION, FAILURE TO ACT OR NEGLIGENCE OF DOTVISION OR OTHERS. YOU ALSO EXPRESSLY AGREE THAT DOTVISION SHALL NOT BE RESPONSIBLE FOR THE INSPECTION, SUPERVISION, PREPARATION OR CONDUCT OF ANY RACE, COMPETITION, GROUP RACE OR EVENT USING THE DOTVISION SITE AND APPLICATIONS.
YOU EXPRESSLY AGREE TO RELEASE DOTVISION, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES, PARTNERS AND LICENSORS (HEREINAFTER, THE “RELEASED PARTIES”) FROM ANY AND ALL LIABILITY RELATED TO YOUR SPORTING AND NON-SPORTING ACTIVITIES AND YOU AGREE NOT TO BRING ANY LEGAL ACTION AGAINST THE RELEASED PARTIES FOR ANY CLAIM, ACTION, INJURY, DAMAGE OR LOSS RELATED TO YOUR SPORTING OR NON-SPORTING ACTIVITIES. YOU FURTHER AGREE THAT IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, EXEMPLARY, INCIDENTAL, PARTICULAR OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR OTHERWISE RELATED TO (a) YOUR USE OR MISUSE OF ANY OF THE SERVICES, (b) YOUR USE OR MISUSE OF EQUIPMENT OR PROGRAMS CREATED OR LICENSED BY DOTVISION FOR SPORTS AND NON-SPORTS ACTIVITIES, (c) YOUR BUSINESS RELATIONSHIPS WITH THIRD-PARTY SERVICE PROVIDERS OR ADVERTISERS FINDED THROUGH THE SITE AND APPLICATIONS, (d) ANY DELAY OR INCAPACITY IN THE USE OF THIS PLATFORM THAT YOU MAY SUBSEQUIRE, (e) ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES OR CONTENT OBTAINED THROUGH THE SERVICE INTERMEDIARY, WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF DOTVISION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES AND TERRITORIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
DOTVISION CANNOT GUARANTEE THE ACCURACY AND QUALITY OF GEOLOCATION DATA FROM THE APPLICATION, ITS BEACONS OR YOUR BEACONS, WHICH DEPENDS ON THE QUALITY OF THE GPS MODULE OF THE DEVICE USED AND THE ENVIRONMENT IN WHICH THE DEVICE IS LOCATED.
NEITHER CAN DOTVISION GUARANTEE THE LIVE TRANSMISSION OF GEOLOCATION DATA. POOR RECEPTION OF THE TELEPHONE NETWORK, THE LIMITATION OR IMPOSSIBILITY OF CELLULAR DATA TRANSMISSION ON THE DEVICE, THE QUALITY OF THE DEVICE’S TELEPHONE MODULE, ARE ALL FACTORS THAT DOTVISION CANNOT CONTROL.
DOTVISION CANNOT GUARANTEE THE DURATION OF USE OF GEOLOCATION SERVICES. THIS DEPENDS ON THE BATTERY CAPACITY OF THE DEVICE USED AND ITS CONSUMPTION, WHICH IN TURN DEPENDS ON NUMEROUS PARAMETERS: THE EXECUTION OF OTHER APPLICATIONS, SCREEN BRIGHTNESS, ACTIVATION OF WI-FI, BLUETOOTH OR EVEN THE SEARCH FOR A TELEPHONE NETWORK. ADVERTISED USAGE TIMES ARE ESTIMATES ONLY AND SHOULD NOT BE CONSTRUED AS GUARANTEED USAGE TIMES.
FOR ALL THESE REASONS, OUR SERVICES SHOULD NEVER BE USED AS A SOLE SECURITY DEVICE.
Activation of geolocation services
THE USER IS SOLELY RESPONSIBLE FOR ACTIVATING THE APPLICATION’S GEOLOCATION SERVICES AND BROADCASTING HIS/HER POSITION LIVE.
You agree to indemnify and hold DotVision and its subsidiaries, affiliates, officers, agents, representatives, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise seek to make available through our services, your use of the Application, sporting activities that generate Content you post or seek to post (including, without limitation, sporting activities related to any competition, race, team race or other event that DotVision sponsors or organizes, in which DotVision participates or to which the Application is linked), your connection to our services, your violation of the General or Special Terms or your violation of any rights of another person or entity.
You agree that DotVision may, under certain circumstances and without prior notice, immediately terminate your account and/or your access to our services. Cause for termination may include, but is not limited to, (a) failure to comply with or breach of the General or Special Terms or other agreements or guidelines incorporated herein, (b) requests filed by law enforcement or other government agencies, (c) a request by you (user-initiated termination request), (d) interruption or significant modification of the Application, (e) unexpected security or technical problems, (f) extended periods of inactivity and/or (g) non-payment of any fees that are due. Termination of your account may include (x) removal of access to all features of the Site and Applications, (y) deletion of your information, files and Content associated with or contained in the account, and (z) prohibition of further use of the Site and Applications. You further agree that all terminations with cause are at DotVision’s sole discretion, and that DotVision shall not be liable to you or any third-party for any termination of your account or access to the Application.
The MyMotion platform and its applications are controlled by DotVision from its offices located in France. DotVision makes no representation that Content on its services or Applications is appropriate or available for use in other locations. Accessing them from territories where their content or use is contrary to law is prohibited. Users who choose to access our services from outside France do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Content in violation of French export laws or regulations. Any action related to our services, the Content or the General and Special Conditions is governed by the laws of France. You hereby agree to submit to the exclusive jurisdiction of the state courts for any legal action related to DotVision services or the General and Special Terms and Conditions.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and DotVision as a result of the Terms and Conditions or your use of our services. The Terms and Conditions constitute the entire agreement between you and DotVision with respect to your use of DotVision services, and DotVision’s failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain valid and enforceable. You may not assign, delegate or otherwise transfer your account or your obligations under the General and Special Terms without DotVision’s prior consent. DotVision has the right, in its sole discretion, to transfer or assign all or any of its rights under the General and Special Terms, and DotVision has the right to delegate or engage third party contractors to perform its duties and obligations under the General and Special Terms and in connection with its services. Notice sent by DotVision electronically or by mail, or notices or links appearing on the Site and the Applications, shall constitute acceptable notice to you under the General and Special Terms. The printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the General or Special Terms to the same extent and subject to the same conditions as other business documents and files originally issued and maintained in printed form. Section headings and Conditions headings are inserted for convenience only and have no legal or contractual effect. Any rights not expressly granted herein are reserved.
General terms and conditions of sale
The general and special conditions of sale are available on the Site at the following address: