Terms & Conditions of Use
Latest version: June 1, 2022
This website www.rca.com (hereinafter the « Site ») is owned and operated by Talisman Brands, Inc. d/b/a Established. (“Established.”), a company incorporated under the laws of Delaware, United States of America, and registered office at 1013 Centre Road, Suite 403-B, City of Wilmington, County of New Castle, State of Delaware 19805, United States of America (hereinafter "Established.").
The Site is a showcase site intended to present the RCA brand, its history, its values, the products of the brand, to inform Visitors about current or future events, and to offer access to brand newsletters. The Site is not an ecommerce site and does not offer any associated functionality that directly or indirectly allows the sale of the Products (as defined hereinafter) on the Site.
The Site also hosts dedicated webpages for RCA brand licensees (“Licensee Webpages” as defined hereinafter), who distribute in their respective country/(ies) products under the RCA trademark ("Licensees" as defined in Article 1 below). These dedicated webpages are identified as such and are edited and published by the Licensees themselves under their full responsibility pursuant to provisions of Article 7.2 below.
See legal notices
The RCA brand is available in a wide range of products marketed in more than thirty countries, such as television, audio-video equipment, digital reception, audio-video accessories, telephony, computer products, connected products, lighting, home automation, security, air treatment, small and large appliances, health and well-being products ("Products" as defined below).
The information available on the Site does not constitute an official source for the technical, scientific or organizational regulations and standards applicable to RCA Products. These contents have been developed solely for the purpose of presenting and promoting the RCA brand presented in summary form, is general in nature, and is provided for informational purposes only.
ARTICLE N ° 1.DEFINITIONS
Capitalized terms in this document have the following meanings:
Established. Designates Talisman Brand Inc. as identified in the preamble.
Contents Refers to any element, data, application, software, interface, database, work or component of any kind and of any kind such as text, visuals, images, sounds, videos, photos, illustrations, drawings, icons, creations computer graphics or infographic, audio and / or video animations of the Site.
Intellectual Property Rights
Intellectual Property Rights means all rights and / or titles of intellectual property within the meaning of the French Intellectual Property Code, and in particular patents, patent applications, trademarks, trademark registrations, logos, domain names, designs and models, rights copyright, rights related to copyright, sui generis right of the producer of databases.
Licensee Webpages Refers to the webpages of the Site dedicated to a Licensee, the content of which is published by the Licensee under his responsibility, on which the Licensee may present the Products he markets as well as the events in which he participates, promotions and news.
Confidential Information Refers to all information and / or data of any nature (including technical, commercial, legal, strategic or financial), presented as confidential at the time of their communication by a Party and transmitted via the Site to the other Part.
Licensees Refers to the manufacturers and / or distributors of the Products, having a RCA brand operating license. Licensees are third-party companies that are independent of RCA Trademark Management.
Parties Designate RCA Trademark Management and the Visitor.
Country Refers to the countries in which the Products are marketed and from which the Licensees are established.
Providers Refers to the third party provider (s) for the development, hosting and / or maintenance of the Site.
Products Refers to the products presented on the Site and marketed by the Licensees under the RCA brand.
Site Refers to this accessible website www.rca.com
Licensee Website Refers to the external website of the Licensee edited and hosted by the Licensee, under its own brand, accessible via a hypertext link present on the Licensee Webpages and / or on the Site.
Designates the eponymous brand of consumer and home electronics products owned by Established., registered and / or registered as a word mark and / or semi-figurative throughout the world.
Visitors Refers to the persons who consult and / or use the Site and its services.
ARTICLE N ° 3. FUNCTIONALITIES
The Site does not offer RCA Products or any other products for sale and does not include or offer any e-commerce activity.
The Site offers access to content and services in the following categories, subject to change:
• Presentation of the RCA brand and its news;
• The universe of RCA Products;
• Licensee Webpages;
• Redirection to after-sales service support;
• A newsletter and contact page; and
• Product comparison.
A search engine is also available to Visitors to access different parts of the Site.
From time to time, Established. may offer access to promotional offers, sweepstakes or contests on the Site, in relation to the Products. These promotional offers, sweepstakes or contests are formally identified as such and do not lead to the conclusion of any online sale contracts on the Site.
The rules applying to such promotional offers, sweepstakes or contests will be accessible through the Site.
ARTICLE 3.1.RCA BRAND AND ITS NEWS
The Site also provides more general information about Established. and the Licensees, which may be freely accessed by Visitor. This content does not vary according to Visitor and relates only to the values and universe of the brand. Such information may include group announcements as well as information related to Established.'s events and charities.
As part of these services, Established. publishes an online magazine on the Site, under the title "RCA MAG", and publishes press releases and press contacts on the Site.
ARTICLE 3.2. THE UNIVERSE OF RCA PRODUCTS
The Website provides Visitor with information services on the Products, allowing them to access Products, as appropriate, through the various categories, ranges and sub-ranges of the Products. The Site may also offer the Product data sheets themselves, when these data sheets are uploaded by the Licensees.
The product data sheets (including, if applicable, the operating instructions and / or installation drivers) are uploaded by the Licensees on their Licensee Webpages under their sole responsibility. According to the policy of each Licensee, Licensees may also upload the declarations of conformity of Products listing the applicable standards that the Products comply with.
Established. may provide access to promotional offers of Licensees relating to the Products on the Site. These promotional offers are formally identified as promotions and do not lead to targeted prospecting actions on the Site or to the conclusion of online sales contracts on the Site. These promotional offers are offered by Licensees and not by Established..
ARTICLE 3.3. LICENSEE WEBPAGES
Established. hosts dedicated Licensee Webpages on the Site, made available to each Licensee under its control and responsibility, to allow the Licensee to upload its own content and information, including a detailed presentation of the Products it markets, the identity of its distributors ("where to buy"), and its current and future news and events and promotions in the Countries in which the Licensee is established (“Licensee Content”).
The Licensees may thus offer: advice and tips for better use of the Products as well as several services to which the Visitor accesses if necessary by visiting the Licensee Website. Among the services that Licensees may choose to offer through the Site are: (i) registration of Products, (ii) subscription to newsletters specific to the Licensee or (iii) information related to exceptional promotional offers.
i. The registration of Products purchased by Visitors in store or on the Internet is used to facilitate their support in the context of a possible use of after-sales service. The terms and conditions of registration are described by the Licensee on its Licensee Webpages and / or on its Licensee Website.
ii. The subscription to one or more newsletter (s) of the Licensee follows the editorial policy of the Licensee on its own Licensee Website. While the existence of the newsletter (s) can be mentioned on the Licensee Webpages, the Visitor must always leave the Site and go to the Licensee Website to subscribe to such newsletter(s) according to the terms and under the exclusive responsibility of the Licensee.
iii. information related to ad hoc promotional offers on their Products. Any Visitor who intends to benefit from the offer must visit the Licensee Website, either to obtain the benefit of the discount or promotion proposed, or to conduct acts of electronic commerce, or for any other promotional action and / or prospecting, under the conditions and under the exclusive responsibility of the Licensee.
IMPORTANT DISCLAIMER: Established. does not control or participate in the services identified above. Its role is limited to that of hosting the Licensee Webpages under the conditions laid out in Article 7.2 below and Established. declines all editorial liability in this respect.
ARTICLE 3.4. REDIRECTION AND AFTER-SALES SERVICE SUPPORT
The Site allows Visitor to access a portal for the purpose of identifying the relevant Licensee corresponding to the Visitor's Country and Product, in order to redirect the Visitor to the corresponding Licensee Webpages and/ or Licensee Website. Visitors have access to the after-sales service information posted by Licensees on their Licensee Webpages and/ or Licensee Website.
Licensees, where applicable, set up their after-sales service procedures on their Licensee Webpages and / or on their Licensee Websites, under their sole control and responsibility. Established. does not control or participate in the performance of such services on these webpages and/or websites.
ARTICLE 3.5. RCA NEWSLETTER & CONTACT FORM
ARTICLE N ° 4. ACCESS TO AND USE OF THE SITE
The Site may be freely accessed through a computer, mobile phone, tablet, console or other technology (hereafter referred to as a “Device”). Visitor’s normal rates and fees apply to such access and Device.
Visitor is not required to register or create an account to access the Site.
ARTICLE 4.1. MINIMUM CONFIGURATIONS
In order to benefit from the full functionalities of the Site, Visitor is advised to use one of the following browsers:
• Internet Explorer versions greater than 11.0;
• Microsoft Internet Edge version greater than 12.0;
• Mozilla Firefox versions greater than 30.0;
• Apple Safari versions greater than 6.0;
• Google Chrome versions greater than 28.0.1500;
• Android Browser version greater than 4.0 or
• Opera versions greater than 34.0.
Visitor is responsible for ensuring that he has the hardware, software, interoperability programs, configurations and other elements allowing him to connect to the Internet and access the Site.
ARTICLE 4.2. LINKS TO OTHER SITES
These Third Parties, which are independent from Established., may change without notice and Established. cannot guarantee the durability of the content accessed by these links over time.
Consequently, Established. cannot be held liable for the content accessible through the links and declines all editorial liability in this respect. Any Visitor connecting to a Third Party through a link on the Site which leads to content that appears outdated or inappropriate is encouraged to report it via the contact page. Established. is not responsible for the information published on Third Parties sites and the hypertext links provided do not imply any guarantee regarding the content of these sites.
Likewise, Established. is not liable for any processing of Visitor’s personal data by a Third Party site, to which Visitor has connected through the “share” functionality of the Site. If a Visitor uses the “share” functionality, the Contents shared must not be published alongside any false, discriminating or disparaging information.
ARTICLE 4.3. AVAILABILITY OF THE SITE – DISCLAIMER
Established. endeavors to maintain the Site and its operation, but is not, and cannot be, liable for the results of any defects that may exist in the Site or its operation. Consequently, Established. cannot guarantee permanent accessibility to the Site and cannot be held responsible for any slowdowns or downtime. Visitor shall be informed of any access interruptions that may result from technical hazards and applicable maintenance periods.
Visitor is aware of the technical characteristics and the risks related to loading times, consultation or other transactions carried out on the Internet, the very constitution of the network preventing to know the flow of the recipient, the path taken by the data or the rate of availability bandwidth. Visitor is also aware of the potential for security and privacy breaches of data and content sent and received over the Internet.
Visitor (and not Established.) assumes the entire cost of all servicing, repair, or correction that may be necessary to Visitor’s Device as a result of any viruses, errors or any other problems whatsoever Visitor may have as a result of visiting the Site.
ARTICLE N ° 5. PRIVACY
Access to certain services of the Site (such as subscription to the Newsletter and/or the export of a Product comparison) requires Established. to collect, reproduce on its systems, treat, consult, visualize, load and otherwise process personal data relating to the Visitors. Established. is responsible for such processing and uses Providers for the purposes of their storage.
Established. declines all responsibility for any Third Parties, including the Licensee Websites. Visitor and any natural person concerned are invited to refer to the privacy policies of these Third-Parties, in particular to determine how to exercise their rights of access, rectification, opposition and deletion.
ARTICLE N ° 6. USE OF THE SITE
ARTICLE 6.1. OWNERSHIP OF CONTENT
The Visitor agrees:
• not to do anything that may infringe Established.'s Intellectual Property Rights; and
• not to challenge any of these Intellectual Property Rights in any way.
ARTICLE 6.2. LIMITATION OF USE
Visitor is granted a personal, non-exclusive, free-of-charge, non-assignable and non-transferable right to download and use the vintage posters and / or advertisements of the RCA brand, as well as, if applicable, the instructions for use of the Products and / or installation drivers made available for download to the Visitor on the Site for strictly personal, non-commercial purposes, excluding any transmission of such element(s) to any third party, within the country of download, in the format in which they are downloaded, in a private setting and limited to the family circle, for the duration of the Intellectual Property Rights applicable to such element(s). This grant of permission is not a transfer of title, and under this permission Visitor may not: use the materials for any commercial purpose, or for any public display (commercial or non-commercial); remove any copyright, or other proprietary notations from the materials; or transfer the materials to another person or "mirror" the materials on any other server.
Visitor is solely liable for the use made of these elements and Visitor acknowledges and expressly accepts the risks, excluding any correction, update or new version. Visitor undertakes not to modify the downloaded elements and to refrain from decompiling or proceeding to a reverse engineering of the installation drivers, except any mention to the contrary, written and express.
Visitor cannot transfer these elements and/or the right thus granted to him to third parties. Any other use is expressly prohibited, especially in application of the limitations of use of this article "USE OF THE SITE".
Notwithstanding the specific usage rights granted to Visitor by Established. in connection with the Site and the Content, Visitor agrees not to use, copy, edit, translate, display, distribute, download, transmit, sell, create derivative works of, or in any way exploit any Content without Established.'s consent. Unauthorized use of the Content may constitute a breach of Intellectual Property Rights and may subject Visitor to criminal or civil charges and penalties.
With respect, more specifically, to the trademarks, logos, visuals and other distinctive signs present on the Site, whether they belong to Established., to its Partners or to the Licensees, Visitor is prohibited from using, reproducing, altering, redistributing, disseminating or otherwise making them available to the public, or from associating other products or services thereto.
Visitor is prohibited from making any temporary or permanent reproduction of all or part of the Site, by any means whatsoever. In addition, any dissemination, distribution, direct or indirect transfer of all or part of the Site to the benefit of a third party or the public, whether it is made free of charge or in return for payment, as well as any translation, adaptation, arrangement or modification of the Site is prohibited, in particular with a view to creating a similar service. Similarly, the extraction or reuse of a qualitatively or quantitatively substantial part of the databases used by the Site is prohibited.
ARTICLE N ° 7. CONTENT OF THE SITE
ARTICLE 7.1. WARRANTY DISCLAIMER
The Site and any Content made available through the Site by Established. are provided "as is," “as available” and without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, Established. and its affiliates disclaim any and all warranties, express or implied, arising by statute, custom, course of dealing, course of performance or in any other way, including but not limited to, all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, regarding the Site and its Content. Established. does not warrant or make any representations regarding the use of the Content in terms of its correctness, accuracy, reliability, or otherwise. The Content may include technical inaccuracies or typographical errors. These materials could be inaccurate or become inaccurate as a result of development occurring after their respective dates. Established. undertakes no obligation to verify or maintain the accuracy or completeness of such information. TechnEstablished. color does not warrant or make any representations that the Site will operate securely or without interruption or error or that the Site, its servers, or any transmission from Established. through the Site will be free from any harmful components (including viruses). Some jurisdictions do not allow limitations or exclusions on liability, legal warranties and remedies, so the above limitations may not apply to Visitor.
Any Visitor who notices an error is invited to report it to Established. via the “Report a page” page.
See the “Report a Page” page
ARTICLE 7.2. LICENSEE WEBPAGES
With respect to the Licensee Webpages, Established. cannot and does not confirm, and is not responsible for ensuring, the accuracy or validity of the information provided by Licensees to Visitors on Licensee Webpages.
The content, communications, terms, promotions, reproductions and services posted by the Licensees on the Licensee Webpages are edited and published directly by the Licensees and Licensees are solely liable for such elements.
To the maximum extent allowed by applicable law, Established. shall not responsible or liable for any Licensee Content posted on the Licensee Webpages.
Visitor may report illicit content published on the Licensee Webpages by using the “Report a page” page.
See the “Report a Page” page
ARTICLE 8 INDEMNIFICATION / LIMITATION OF LIABILITY
ARTICLE 8.1. INDEMNIFICATION
Visitor undertakes not to make any use of the Site and/ or the Content which is contrary to applicable law, nor to contribute to any such use.
ARTICLE 8.2. LIMITATION OF LIABILITY
To the maximum extent allowed by applicable law, Established. will not be held liable for any direct, special, indirect, incidental or consequential damages of Visitor and / or any third party, including without limitation, for any loss of data, loss of opportunity, loss of profit, cost increase, action or claim initiated by a third party, absence or insufficient response to a commercial prospection, without such list being limitative. Subject to applicable regulatory provisions, and in the absence of gross, willful or intentional misconduct of Established., Established.'s liability, for all causes, is limited --(i) to the amount of the price of the RCA Brand Product concerned or --(ii) if the Product is not in question, to an amount of 100 US$ or 100 euros if Visitor is domiciled in Europe.
If any part of this limitation of lability is found to be invalid or unenforceable for any reason, then the aggregate liability of the released parties for liabilities that otherwise would have been limited shall not exceed 100 US$ or 100 euros if Visitor is domiciled in Europe.
Established. is not an official body or a public law person. For any administrative information relating to the Products, Visitor is invited to refer exclusively to the information provided on the official websites of the public administrations concerned.
Established. reserves the right to discontinue access to the Site and the Licensee Websites and / or to remove the disputed content from its servers or those of its Service Providers, without notice or compensation to the Visitor and without Established. incurring any liability, notwithstanding the option for Established. to seek compensation for its possible damages.
ARTICLE N ° 9. CONFIDENTIALITY
The consultation of the Site is not covered by an obligation of confidentiality, but the possible exchanges with the Established. teams, in particular following the use of the contact page, can constitute Confidential Information.
The obligations of the Parties with respect to Confidential Information shall remain in effect during the entire period of consultation of the Site and as long after its completion, that the information concerned shall remain confidential to the Party disclosing it.
Established. is committed to ensuring compliance of its subcontractors with the security and confidentiality conditions of the Confidential Information hosted, and ensures the implementation of physical and logical security measures, and necessary access restrictions, as part of an obligation of means.
For purposes of clarification, Feedback shall not constitute Confidential Information. Any Feedback provided to Established. through the Site will be and remain Established.'s exclusive property. Visitor’s submission of Feedback will constitute an assignment to Established. of all worldwide rights, title and interests in the Feedback, including all copyrights and other intellectual property rights in the Feedback. Established. will be entitled to reduce to practice, exploit, make, use, copy, disclose, display or perform publicly, distribute, improve and modify any Feedback submitted for any purpose whatsoever, without restriction and without compensating Visitor in any way. For this reason, Established. asks that Visitor not send or submit any Feedback that Visitor does not wish to assign to Established..
ARTICLE N ° 10. MISCELLANEOUS
ARTICLE 10.1. PARTNERSHIPS
Established. may offer Visitors on the Site the possibility of consulting or participating in promotional or charitable activities of third parties. Established. declines any responsibility in the organization and the conduct of these actions of third parties, and in the contents that the third parties may choose to make available to Visitor. Within the limits permissible by applicable law, Established. excludes all liability and warranty for all damages that may result from the consultation or participation of Visitor in the activities, programs or promotions of these third parties. Established. does not represent and is not represented by these third parties, and any statement, commitment, statement or promise made by any third party is binding only on that third party, without incurring the liability of Established. in any manner whatsoever.
ARTICLE 10.2. CASES OF FORCE MAJEURE
In case of a force majeure event, the obligations of Established. relating to the Site will be suspended during the duration of the event. A force majeure event is an event which is beyond the reasonable control of Established., could not reasonably be anticipated by Established. and which effects cannot be avoided by appropriate measures. Such events include, but are not limited to natural disaster, fire, weather, war, civil war, terrorism, labor strike, the continuing inoperability of the Internet of more than thirty (30) days, fraudulent introduction on the computer system and / or hacking data of Established..
ARTICLE 10.3. OTHER
ARTICLE N ° 11. APPLICABLE LAW
Visitor agrees that the Site is a passive platform solely based in France, which does not give rise to any personal jurisdiction over Established. in jurisdictions other than Paris, France.
Except where prohibited by applicable law, and without limitation to any statutory rights for consumers, Visitor agrees that all disputes and claims directly or indirectly arising out of or relating to the Site shall be resolved individually by means of a conciliation between the Parties. Should the attempt to conciliation fail, any legal proceedings shall be resolved individually, without resort to any form of class action, and exclusively in the Courts of Paris, France, even in case of call for warranty.