Terms of Use

Last updated: September 8th 2023

Table of Contents

Introduction

Welcome to our new www.keringfoundation.org website (the “Website”).

The Website is owned and edited by the Kering Foundation, an endowment fund governed by articles 140 and 141 of Act no. 2008-776 of 4 August 2008 and Decrees n° 2009-158 of 11 February 2009 and n° 2015-49 of 22 January 2015, declared on 7 June 2023 and published in the Official Journal of Associations and Corporate Foundations (“JOAFE”) dated 27 June 2023, with registered office at 40, rue de Sèvres, 75007 Paris (also "we", "us" and "our").

The Website’s publishing director is Mrs. Céline Bonnaire, Kering Foundation Executive Director.

The Website is hosted by Niji, a French joint-stock company with board of director (“Société anonyme à conseil d’administration”) with a fully paid share capital of 284,903.00€, registered with the Rennes Trade and Company Register under number 439 055 278, with registered office at 1-9A, rue de Châtillon, 35000 Rennes, France, and maintained by Kering, a French joint-stock company with board of director (“Société anonyme à conseil d’administration”) registered with the Paris Trade and Company Register under number 552 075 020, with a fully paid share capital of €496 283 112, and registered office at 40 rue de Sèvres, 75007 Paris, France.

In these ToU, we use the term Kering Foundation (and "we", "us" and "our") to refer to the Kering Foundation, the owner of this Website as identified above. The term “you” refers to the user or visitor of our Website. The term “Content” means all the information and materials included on the Website (such as, without limitation, images, photographs, videos, podcasts, audio, sounds, music, drawings, documents, reports, figures, logos, text, graphics, colors, layouts, fonts, designs, look and feel and arrangement of such Content, and software).

These Terms of Use (“ToU”) govern your access to, and use of the Website.

Please read these ToU carefully before using the Website. By using the Website, you acknowledge that you have read and agree to be bound by these ToU. If you do not agree to all of these ToU, please do not access or use the Website.

Updates to these Terms of Use

We may amend or update or otherwise modify all or part of these ToU from time to time without notice. The most current version of these ToU will always be published on the Website. The revised Terms of Use will be effective and binding immediately upon being published.

The Kering Foundation Privacy Policy governs the use and processing of the personal data we collect from, or provided by, you through the Website. Before providing any personal data to the Website, please read carefully our Privacy Policy which is available on the Kering Foundation website under “Privacy Policy”.

The Website uses cookies to monitor browsing preferences. If you have allowed cookies to be used, please consult our Cookie Policy to find out the type of personal data that may be processed by us on the Kering Foundation website under “Cookie Policy”.

Access to the Website

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 its Content.

You assume all responsibility for any access to the Website.

Use of the Website and the Content

You assume all responsibility for any use of the Website and the Content.

You agree that in using the Website, you will not:
• Use the Website in any way that interrupts, causes or may cause damage to the Website, impairs the Website’s availability or accessibility or interfere with the proper working of the Website;
• 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 through the Website through any means (such as personal data, financial or other confidential or sensitive information);
• Use any deep-link, page-scrape, spider, robot, crawl, index, Internet agent or other automatic device, program, algorithm or other similar technology, or any manual process, to use, access, copy, acquire information, generate impressions, input information, store information, search, generate searches or monitor all or part of the Website or any Content;
• Use the Website or the Content for any purpose which is unlawful or prohibited by these ToU;
• Use the Website in a way which infringes the rights of any third parties.

The Content of the Website is only for your general information and for your personal non-commercial use.

You may not copy, reproduce, republish, redistribute, upload, post, publicly display, translate, transmit in any way, all or part of the Website or the Content to any other computer, server, website or other medium for publication or distribution or for any commercial purpose, without the prior written permission of the Kering Foundation, its licensors, its affiliates or its suppliers, as applicable.

Intellectual Property Rights

The Website and its entire Content, whether registered or unregistered, are owned, controlled or licensed by or to the Kering Foundation and are protected by copyright, trademark, design mark and other intellectual property rights and unfair competition laws (“IP Rights”).

Nothing contained on these ToU should be construed as granting you, by implication or otherwise, any license or right to use any IP Rights owned or controlled by Kering, without Kering’s prior written permission or that of such third party who owns the IP Rights. Misuse of any trademark displayed on the Website, or any other Content on the Website, except as provided herein, is strictly prohibited.

All Content on the Website is either copyrighted by the Kering Foundation or is licensed for use by the Kering Foundation. All rights are reserved.

Submitted Materials

We appreciate hearing from you. You acknowledge and agree that any suggestion, proposal, creative ideas, concepts, photos, text or any other contents and materials (with the exception of personal data the use of which is governed by our Privacy Policy) uploaded or sent to us through the Website or otherwise (“Submitted Materials”) will be considered non confidential and non-proprietary. You retain all of your ownership rights in the Submitted Materials, but by uploading Submitted Materials, you hereby grant us a worldwide, irrevocable, free of charge, non-exclusive license to use, operate, store, copy, reproduce, modify, publish, distribute and make it available to third parties any such Submitted Materials, or any part thereof, in any form and media now known or which shall become known in the future for any purpose, including advertising, promotional or products development or other commercial purposes, and for the duration of protection of such Submitted Materials.

You agree that the Submitted Materials:
• are not unlawful, misleading, harmful, threatening, abusive, harassing, hateful, defamatory, offensive, violent, obscene, pornographic, libelous, racially, ethnically, religiously or otherwise inappropriate;
• do not constitute unauthorized disclosure of personal data or confidential information;
• do not infringe the intellectual property rights of any party;
• do not contain or transmit viruses or other form of malware.

You are fully responsible for the content (including its legality, accuracy, veracity and appropriateness) of any Submitted Material or any postings or contributions you make.

We reserve the right to reject or delete any Submitted Materials or remove any postings you make on the Website, for any or no reasons, including if such Submitted Materials or postings, in our judgment, violate these ToU.

Outbound Links. The Website may contain links to third-parties’ websites (“Linked Sites”). These links are provided solely for your convenience to provide further information. The inclusion of any link to such thirdparties’ websites does not imply endorsement by the Kering Foundation of the content of those Linked Sites, the quality or performance of their products or services, their privacy and security practices or the manner in which they conduct their operations. The Kering Foundation has not reviewed all of the content contained in the Linked Sites and is not responsible for the correctness, quality or accuracy of any content on the Linked Sites. If you choose to access Linked Sites, you do this at your own risk. Your use of Linked Sites is subject to the terms of use of the third parties operating and providing them.

Inbound Links. Kering does not authorize linking to any page of the Website from a third-party website without its express prior written authorization.

Termination and Suspension

The Kering Foundation may, in its sole discretion, and without prior notice, deny, restrict, suspend or terminate your access to, and use of, the Website and/or the Content, without any liability to you, including in case of a breach by you of these ToU, or in case of violation of the rights of the Kering Foundation, its affiliates or any third party, without prejudice to any other remedies available to us under applicable law and under these ToU.

The Kering Foundation may also modify or discontinue providing the Website and/orthe Content, without prior notice nor any liability to you.

You agree that the Kering Foundation will not be liable to you or any third party as a result of such termination, suspension, modification or discontinuation.

The provisions entitled "Limitation of Liability" and "General Provisions" will survive termination of these ToU.

Disclaimer

The Kering Foundation makes all reasonable efforts to ensure that the Website is accessible at all times (except during maintenance or in the case of a force majeure event), and that the Content provided on the Website is accurate, complete, up to date and secure. However, the Kering Foundation does not warrant or represent that the Website and the Content available through the use of the Website will be error-free and uninterrupted, secure and free from any virus or other form of malware, or that any inaccuracies or errors will be corrected, or will not infringe the intellectual property rights of third parties and shall not be held liable to you for any of the foregoing.

The Website and the Content are provided to you on a “as is” and “as available” basis. The Kering Foundation, its licensors and its suppliers, to the fullest extent permitted by applicable law, disclaim all warranties of any kind, either expressed or implied, statutory or otherwise, including but not limited to, any warranties about the accuracy, completeness, security, fitness for a particular purpose or non-infringement of third-parties’ rights.

The Kering Foundation, its licensors and its suppliers make no representations about the Content and any
linked sites, or the results to be obtained from using the Website.

Limitation of liability

To the fullest extent permitted by applicable law, the Kering Foundation, its affiliates, its licensors and its suppliers shall not be liable for any indirect damages of any kind arising out of or in connection with the use of, or inability to use, the Website or the Content. The Kering Foundation does not assume any responsibility for lost profits or damages resulting from lost data or business interruption resulting from the use of, or inability to use, the Website or the Content, regardless of the form of action, whether in contract, tort (including negligence) or otherwise, even if the Kering Foundation has been advised of the possibility of such damages.

Please note that some jurisdictions may not allow certain exclusions or limitation of warranties or liabilities, and consequently some of the above exclusions and limitations may not apply

General Provisions

If any provision, or part of a provision, of these ToU is found to be illegal, invalid or unenforceable, the invalidity of such provision or part-provision shall be deemed not to form part of these ToU, and the legality, validity or enforceability of the remainder of the provisions of these ToU shall not be affected.

These ToU constitute the entire agreement between you and the Kering Foundation in relation to the use of the Website and the Content, and replace and supersede all prior discussions, communications, conversations, agreements (including the keringfoundation.org prior ToU), whether oral or written, in relation to the subject matter hereof.

No waiver by the Kering Foundation to exercise any provision of these ToU shall be construed as a continuing waiver of such provision or any other provision.

Applicable Law and Jurisdiction

These ToU and any matter relating to your access to or use of the Website shall be governed by and construed in accordance with the laws of France, without reference to conflict of law provisions.

Any dispute arising out of, or relating to, these ToU, including the validity, interpretation, breach or termination thereof, and that the parties cannot resolve amicably, shall be submitted to the exclusive jurisdiction of the Paris Courts.

Contact Us

If you have any questions or comments about these ToU, please write to:
The Kering Foundation
40, rue de Sèvres
75007 Paris

or to: keringfoundation@kering.com

If you wish to request a copy of the personal data we hold about you please write to: dataprivacy@kering.com

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