The website www.cnb-yachts.com hereinafter referred to as the “Website” is published by:
CONSTRUCTION NAVALE BORDEAUX, SA with capital of €3,487,500, registered in the Bordeaux Registre du Commerce et des Sociétés (register of companies) under number 342 012 390.
Its registered office is located at: 162 quai de Brazza, 33072 BORDEAUX (France).
Tel: +33 5 57 80 85 50
E-mail address: email@example.com
Intra-community VAT ID No: FR 88.342 012 390
Publications manager: Mr. Dieter GUST
Web hosting: OVH, SAS with a capital of 10 069 020 €, 2 rue Kellermann - 59100 Roubaix – France, +33 9 72 10 10 07.
This Website is optimised for a screen resolution of 1024 x 768.
Access to and use of this Website are subject to the “Legal Notices” set out below, as well as all applicable laws and/or regulations.
Connecting to and accessing this Website implies full and unreserved acceptance by all visitors of all the provisions contained in these Legal Notices, which should be viewed whenever connecting to the Website.
ARTICLE 1 - PURPOSE OF THE CONSTRUCTION NAVALE BORDEAUX WEBSITE
This Website belongs to CONSTRUCTION NAVALE BORDEAUX and is dedicated to products of the CNB YACHT BUILDERS brand. Its purpose is to:
Present its range of products and services
Provide information about related events and boat shows
ARTICLE 2 - LIMITATION OF LIABILITY
As a user of this Website, you confirm that you have the skills and technical resources required to access and use it.
You confirm that you have checked that your computer equipment contains no viruses, and that it is in perfect working order. You must also have read these Legal Notices and agree to respect the conditions they impose.
You are solely and fully liable for the use you make of this Website. CONSTRUCTION NAVALE BORDEAUX may not be held liable for any damage, whether direct or indirect and, more specifically, damage to equipment, loss of data or programs or financial loss arising as a result of using this Website or those web sites to which it has links.
ARTICLE 3 - SECURITY
In making use of this Website, you agree to refrain from any action capable of causing computer failures, whether functional or of any other nature, affecting the operation of the Website or of any server or service that may be accessed via the Website.
Within the space constituted by the Website, you expressly agree to provide only reliable information, data, documents and/or files that are inoffensive and not likely to affect the operation of the Website or of any server or service that may be accessed via the Website.
You agree that when using the Website or any server or service that may be accessed via the Website, you will:
comply with all current national and international laws and regulations, and respect the rights of third parties.
refrain from prejudicing the image of CONSTRUCTION NAVALE BORDEAUX in any way and in any form whatsoever.
CONSTRUCTION NAVALE BORDEAUX cannot be held responsible for any detriment arising from access by a user to the Website and/or use of the Website, or inability to access it.
ARTICLE 4 - CONSTRUCTION NAVALE BORDEAUX’S LIMITATION OF LIABILITY
CONSTRUCTION NAVALE BORDEAUX opened this Website to provide information for the personal use of its users. Under no circumstances may the data on this Website be exploited commercially without the prior authorization of CONSTRUCTION NAVALE BORDEAUX in writing.
The Website offers a general presentation of CNB YACHT BUILDERS’ products, and services. Consequently, CONSTRUCTION NAVALE BORDEAUX cannot be held liable for any lack of precision or omission in the data online on this Website.
The information shown on the Website (texts, graphics, photos, etc.) is of a purely general and informative nature and is provided for information purposes only. Despite our constant vigilance, this website cannot constitute a contractual document and may not be used as a ground for legal action.
To obtain precise updated information, particularly in relation to prices, availability, characteristics, content and variants of the different products and services shown on this Website, we recommend that you contact the dealer of your choice.
CONSTRUCTION NAVALE BORDEAUX has entrusted the distribution of its CNB YACHT BUILDERS products and services to a network of dealers and independent traders. They are the only people authorized to provide you with precise up-to-date information on the characteristics and prices of the products and services that they commercialize.
CONSTRUCTION NAVALE BORDEAUX has a continuous development policy for its networks' products and services and, without prior notice or informing the public, it reserves the right to modify information related to characteristics of products presented without incurring liability.
Since CONSTRUCTION NAVALE BORDEAUX is unable to present its complete range on this Website, we recommend that you contact the dealer of your choice to obtain additional and personalized information.
The information shown on this Website is the latest update of the different pages of the Website when it was put online. Modifications may have been made since the last update. This is why we recommend that you refer to the dealer of your choice for further information and to find out about recent developments.
CONSTRUCTION NAVALE BORDEAUX cannot guarantee the reliability and exhaustive nature of the information provided for internet users on its Website.
ARTICLE 5 - INTELLECTUAL PROPERTY
5.1 – Copyright
CONSTRUCTION NAVALE BORDEAUX is the author of this Website within the meaning of articles L 111.1 and subsequent of the French Intellectual Property Code.
This Website was designed and produced by Claris sarl (www.claris.fr).
The text, photographs, animations, drawings, sounds and other creations, with the exception of the works described below, are the sole property of CONSTRUCTION NAVALE BORDEAUX.
Photographs credited as by Nicolas Claris are the work of the latter and videos and their music credited as by Romain Claris are the work of the latter. For any use of such photographs, videos and/or music, outside of the uses and categories of Users defined in Article 8 relating to the Photo Library, the CLARIS company should be contacted directly: +33 5 56 32 42 52 / firstname.lastname@example.org.
Any reproduction, whether direct or indirect, temporary or permanent, by any means and in any form whatsoever, whether in full or in part, and any representation, use or modification, even partial modification, of this Website are prohibited. Any such use constitutes a copyright infringement, punishable by four years' imprisonment and a fine of €300,000 (Article L 335-4 of the French Intellectual Property Code).
5.2 – Brand copyright
The named and semi-figurative CNB YACHT BUILDERS brands are registered by CONSTRUCTION NAVALE BORDEAUX and are the sole property of the company.
The LAGOON, CNB PRO, EYB, JEANNEAU, PRESTIGE and BENETEAU brands are referred to by CONSTRUCTION NAVALE BORDEAUX on this Website with the permission of their respective owners.
Any reproduction, use, imitation, insertion, deletion or modification of these brands, without the permission of CONSTRUCTION NAVALE BORDEAUX or their owners beforehand, constitutes an infringement punishable by four years' imprisonment and a fine of €300,000 (Article L 716-9 of the French Intellectual Property Code).
ARTICLE 8 - CONDITIONS OF USE OF THE PHOTO LIBRARY
5.1 - Acceptance of the “General Conditions”
Access to the CONSTRUCTION NAVALE BORDEAUX "Photo Library" for the CNB YACHT BUILDERS brand, and the use of photographs, videos, plans, press releases, logos or any other documentation (hereinafter the "Visuals"), available in the said Photo Library, implies full and unreserved acceptance of the "General Conditions", without limitation or conditions. Failing this, the "User" will be unable to access the Photo Library.
Before downloading or using the Visuals, the User undertakes to carefully read the General Conditions and accept them by ticking the box provided for this purpose.
CONSTRUCTION NAVALE BORDEAUX reserves the right to modify unilaterally, at its sole discretion and at any time, all or part of the General Conditions. Any modification of the General Conditions shall take effect immediately on publication on the Photo Library and is automatically binding on the User. The user shall therefore regularly review the said General Conditions prior to downloading or use of Visuals.
5.2 - Access to the Photo Library
Use of the Photo Library is intended solely for three (3) categories of User:
"Internal Departments" of CONSTRUCTION NAVALE BORDEAUX, including its employees and Communication Agencies;
the "Network" of CNB YACHT BUILDERS brand dealerships/distributors.
Any other User such as private owners of CNB YACHT BUILDERS brand boats, associations, partners, suppliers, charter companies, etc., this list not being exhaustive, (hereinafter referred to as "Other Users") not belonging to one of the three (3) previously mentioned categories is not authorised to access the Photo Library.
The use of the Visuals depends on the category to which the User belongs.
Before being able to access the Photo Library, the User must submit an access request to CONSTRUCTION NAVALE BORDEAUX by completing a registration form mentioning in particular his surname, first name, company, email address and intended use of the Visuals.
If the access request is approved, CONSTRUCTION NAVALE BORDEAUX will send the User a confirmation email, as well as a User id and a password. The said User id and password are strictly personal and confidential. The User shall expressly refrain from communicating them to anyone for any reason whatsoever.
In the event of loss of login credentials, the User can request that CONSTRUCTION NAVALE BORDEAUX readvise them by clicking the "Forgotten your password" link and supplying the information that is requested. A new password will then be sent by email.
The User is responsible for all downloads made using his credentials and any detriment resulting from any fraudulent use. Any login and/or use of Visuals effected using his credentials will be deemed to have been performed by the User holding the said credentials and under his sole responsibility.
CONSTRUCTION NAVALE BORDEAUX reserves the right to refuse access to the Photo Library, suspend, restrict and/or withdraw access, at its sole discretion and without notice.
5.3 - Use of Visuals
The Press is authorised, on a non-exclusive and worldwide basis, to download the Visuals in high definition and to use them, free of charge, in all physical or virtual media, solely in the press (general or specialist print media or on the Internet), whether the Visuals are used for editorial content or on the cover.
The Network and the Internal Departments are authorised, on a non-exclusive and worldwide basis, to download the Visuals in high definition and to use them, free of charge, in all physical or virtual media (print or Internet), solely for the promotion of the CNB YACHT BUILDERS brand and its products.
Other Users are able to view the Visuals in low definition on the areas of the Website accessible without logging in, and must contact CONSTRUCTION NAVALE BORDEAUX in advance with any request to use them.
The use of the Visuals thus defined is permitted subject to compliance with the following cumulative conditions:
The Visuals shall in no circumstances be used for the purpose of illustration of articles or reports unrelated to the CNB YACHT BUILDERS brand's business or products, or that would impair its brand image or reputation;
The Visuals shall in no circumstances be used for commercial, advertising, immoral, defamatory or offensive purposes, to denigrate persons (natural or legal) or goods, and/or any other use that would be contrary to the laws in force in France or in any country in which the Visuals are used;
The Visuals shall in no circumstances be disclosed to third parties;
The Visuals shall in no circumstances be altered in any way whatsoever. By way of example, the following are thus prohibited: any changes to the colours or cropping of the Visuals. Users are however permitted to reduce the size of a Visual provided that the entire Visual is reproduced and that its original proportions and quality of resolution are unaltered;
Any reproduction of a Visual shall without fail include the photo credit as well as the name of the photographer and/or identification of the image, as well as the indication ©CNB YACHT BUILDERS, according to the Visual selected.
A copy of the publication incorporating the Visual (copy of magazine, website URL, PDF artwork, website address at which the photographs or a screenshot are located, etc.) shall be sent, on the first request, to the following address:
CONSTRUCTION NAVALE BORDEAUX
CNB YACHT BUILDERS
162 QUAI DE BRAZZA
33072 BORDEAUX (FRANCE)
Tel.: +33 5 57 80 85 50
For any use not covered in the General Conditions, the User shall without fail contact CONSTRUCTION NAVALE BORDEAUX in advance.
5.4 - Intellectual property
The Photo Library and its contents, in particular the Visuals, are protected by intellectual property rights belonging to CONSTRUCTION NAVALE BORDEAUX (refer to article 7 of these General Conditions).
Rights of use granted to the User (as defined above) shall in no circumstances be interpreted as assignment of intellectual property rights in respect of the Visuals.
Any use of the Visuals in breach of the General Conditions constitutes an infringement punishable under intellectual property law and exposes the User to civil and/or criminal proceedings. In the event of doubt as to the scope of the authorisation to use the Visuals granted by the General Conditions, it is recommended that the User contact CONSTRUCTION NAVALE BORDEAUX.
No right of use is granted to the User in respect of any element of the Photo Library other than the Visuals. The reproduction or representation, in whole or in part, of any element of the Photo Library other than the Visuals, by any process or medium whatsoever, is prohibited and constitutes an infringement.
5.5 – Exclusions of warranty - limitation of liability
Access to the Photo Library and use of the Visuals are undertaken under the User’s sole responsibility.
CONSTRUCTION NAVALE BORDEAUX, its affiliated companies, their representatives or employees, shall not be held liable for any, even direct, detriment, accidental or otherwise, arising from use of the Photo Library and/or the Visuals not in accordance with the General Conditions and/or legislation in force.
The User undertakes to indemnify and hold harmless CONSTRUCTION NAVALE BORDEAUX, its affiliated companies, their representatives or employees, in respect of any claim that may be instituted against them arising from use of the Photo Library and/or the Visuals not in accordance with the General Conditions and/or legislation in force.
CONSTRUCTION NAVALE BORDEAUX does not in any circumstances guarantee that the server that it uses is free from viruses. CONSTRUCTION NAVALE BORDEAUX, its affiliated companies, their representatives or employees, shall not be held liable for any, even direct, detriment, accidental or otherwise, arising from a User’s computer equipment being damaged or destroyed by a virus further to access to and/or use of the Photo Library.
CONSTRUCTION NAVALE BORDEAUX does not in any circumstances guarantee access to or correct operation of the Photo Library. CONSTRUCTION NAVALE BORDEAUX, its affiliated companies, their representatives or employees, shall not be held liable for any, even direct, detriment, accidental or otherwise, arising from failure to access or incorrect operation of the Photo Library.
ARTICLE 6 - HYPERTEXT LINKING AND REFERENCING
6.1 The Website can contain hypertext links leading to other websites, completely independent of this Website. CONSTRUCTION NAVALE BORDEAUX does not imply endorsement or guarantee the accuracy, comprehensiveness, or truthfulness of the information contained on any website it is connected to by hypertext links.
Consequently, you are responsible for any access to another website connected to this Website.
6.2 Any creation of a hypertext link to this Website and any referencing of it are not allowed without the express permission in writing of CONSTRUCTION NAVALE BORDEAUX.
ARTICLE 7 - MODIFICATION OF THIS WEBSITE’S LEGAL NOTICES
CONSTRUCTION NAVALE BORDEAUX reserves the right to change or correct these Legal Notices at any time and without prior notice, especially in the event of changes to current legislation, where such changes made are to ensure compliance.
ARTICLE 8 - APPLICABLE LAW
This Website, these Legal Notices and these Conditions of Use of the Photo Library are subject to French law.