LEGAL NOTICE AND GENERAL CONDITIONS OF USE

Last update: March 11, 2022

Please read carefully the present General Conditions of Use (hereafter, the "GCU").

ARTICLE 1 - SCOPE AND PURPOSE

The purpose of the GCU is to define the terms and conditions of use of the Site by the users of the Site, i.e. the respondents, the juries and the organisers (hereinafter, indifferently, the "Users").

The Site is managed by the Organiser who has subscribed to an offer proposed by the company DAVESE SAS, a company with a share capital of €18,000, registered in the Paris Trade and Companies Register under number 825 055 528, whose registered office is located at 4 rue Jean Macé, 75011 Paris France.

By using the Site, all Users certify that they have read and understood the GTC and accept them, without reservation and in their entirety. Any person who does not wish to accept these GTUs must therefore refrain from using the Site.

Users warrant that they are legally entitled to communicate information online. If you are under the age of majority, you warrant that you have obtained the consent of your guardian and that he or she agrees to be bound by these TOU on your behalf.

The TOS are subject to change and the Promoter reserves the right to amend and update them at any time. The GTUs in force are those accessible on the Site under the heading "GTUs" each time a User connects and navigates on the Site.

Each new version of the GCU comes into force as of the date it is put online on the Site. The User must therefore check the Site regularly to remain informed of any changes or updates to the GTUs.

ARTICLE 2 - OPERATION OF THE ORGANISER'S SITE

The Site allows the Organizer to configure information collection processes (hereinafter, the "Process") from Users.

These Processes are likely to include the following steps:

-       a request to create an account;

-       one or more online forms;

-       one or more steps to collect documents of any nature and size;

-       one or more steps to confirm the sending of information to the Organiser;

-       documents of any kind, made available by the Organiser and downloadable by the User;

-       one or more online payment steps;

-       one or more information stages in any form (text, image, video, audio, etc.);

-       one or more steps of sending emails to the User;

-       sharing and displaying the information collected to the public;

-       one or more steps of analysis of the collected information;

-       and generally one or more steps allowing to inform, collect, request, receive, display, share information of any kind as long as these do not infringe the present GTC and as long as they correspond to the offer subscribed by the Organiser.

The Site is accessible 24 hours a day, 7 days a week, except in cases of force majeure, computer breakdowns, maintenance and/or updating operations, or problems linked to telecommunication networks.

To access and respond to the Processes on the Site, the User must create a personal account by providing the following information

-       Name

-       First name

-       Email

-       Password

Once the User's personal account has been created, he/she will be able to access all the Processes configured by the Organiser.

When the User logs in for the first time, he/she will receive a confirmation e-mail in his/her e-mail box. Once this email has been validated, the User's account will be activated and the User will be able to access the Processes.

Users must ensure that they have correctly filled in their e-mail address and must check their so-called "undesirable or spam" e-mails. In the event of an email being received as "junk or spam", the User must configure their email box and make every effort to ensure that emails sent by the Organiser are delivered.

An email sent from the Site may take up to fifteen (15) minutes to arrive in the User's inbox.

The User's password is strictly personal and must not be shared with third parties under any circumstances. In general, the User must personally take care to keep his/her information confidential and not to divulge or communicate it. In the event of a breach in the security of his/her personal information, the User must immediately contact the Organiser, who will provide him/her with new identifiers.

In the event of loss of access, the User may request a "forgotten password" by entering his/her email address in the login step. In the event of a deactivated account, blocked access or deleted account, the User must contact the Organiser in order to clarify the situation and find a solution.

Access to the Website is free of charge, however, once the User's account has been created and depending on the Process designed by the Organiser, the latter may request one or more payment steps in its Information Collection Process. In this case, the User may be required to provide certain payment information, including credit card number, credit card expiration date and billing address.

In this case, the User warrants that he/she has the legal capacity to make such payment in the manner required and that the information provided is correct and complete.

This payment information may be passed on to third parties by the Promoter in order to facilitate the completion of purchases. The Promoter reserves the right to refuse or cancel payment at any time for any reason, without having to justify itself.

When a User responds to a Process, after the creation of his/her account and after he/she has started to fill in information online, a unique number will be assigned to the User. This unique response number will be communicated to the User who must keep it. This unique number may allow the User to confirm that he/she is the originator of information collected in a Process. The Organiser also has the unique response number(s) of each User.

In addition, the User shall not participate in any activity, post content, enter information, or register or use a URL for the purpose of establishing content that represents or includes anything that :

-       is offensive, abusive, defamatory, pornographic, threatening or obscene

-       is unlawful, or intended to promote or commit an unlawful act of any kind, including but not limited to infringement of intellectual property rights, privacy rights, the property rights of the Organiser or the property rights of any other User, or any third party;

-       includes its password or intentionally includes the password of any other User, or intentionally includes the personal data of any third party;

-       imitates or misrepresents its affiliation with another User, Organiser, person or entity, or is fraudulent, false, misleading or deceptive;

-       is likely to cause harm to it, such as passwords to other services, banking information in an unsecured environment, health information and any sensitive personal information;

-       violates or conflicts with the Organiser's rules or the CGU.

The User also declares that the content submitted or entered on the Site, or its poster :

-       belongs to him (he is the owner) or has the right to use it for these purposes

-       does not infringe the privacy rights, publicity rights, copyright, contractual rights or any other rights of any person;

-       will not cause the Promoter to breach any law, regulation, rule, code or other legal obligation;

-       will not be or could not reasonably be considered obscene, inappropriate, defamatory, libellous, indecent, seditious, offensive, pornographic, threatening, abusive, likely to incite racial hatred, discriminatory, profane, in breach of confidence or in breach of privacy;

-       will not be unsolicited, undisclosed or unauthorised advertising;

-       does not contain computer viruses or any other computer code, files or programs designed to interrupt, destroy or destroy data or information.

ARTICLE 3 - INTELLECTUAL PROPERTY

The Site and its contents such as, but not limited to, texts, images, videos, layout, graphics, structure, the Organiser's brands, icons and associated logos, are protected by intellectual property rights and titles, whether registered or not, over which the Organiser holds exclusive rights.

These elements are protected under applicable copyright, trademark, and other intellectual property and/or unfair competition laws.

Any use in any capacity whatsoever and in any form whatsoever of these elements protected by titles and intellectual property rights, whether registered or not, without the prior authorisation of the owner, may constitute an infringement of the latter's rights and, more particularly, acts of counterfeiting and/or unfair and/or parasitic competition.

ARTICLE 5 - PERSONAL DATA PROTECTION POLICY

The Organiser implements a policy enabling it to collect and process certain personal data of its Users (the "Personal Data"), in compliance with their rights and the regulations in force in France, in particular Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (the "RGPD") as well as any other legal or regulatory provisions taken in application of the RGPD (together, the "Regulations").

This policy applies to all Users of the Site and to all uses made of their Personal Data. It obeys the principles described below, of which the Users are informed, and by accepting the present GTU, legitimize the processing of their Personal Data.

ARTICLE 4 - COOKIES

Each time the Site is used, cookies may be automatically installed on the User's browser.

Cookies are small pieces of text sent to a web browser by a website. A cookie file is stored in the User's web browser and allows the Site to recognise the User and to ensure accessibility and navigation on the Site, as well as to improve navigation performance on the Site.

When browsing the Site, the Organiser may use technical and browsing cookies, which allow the proper functioning of the Site and for which the User's consent is not required.

ARTICLE 5 - GUARANTEES

The Organiser may not be held liable in the event of

-       Non-functioning or malfunctioning of the Site;

-       referral, via a hypertext link, to illicit content, over which the Organiser has no control or prior verification;

-       misuse of the Site by a User;

-       errors, loss or damage resulting from the use or content of the Site over which the Organiser has no control or prior verification;

-       loss, damage or expense, even if foreseeable, arising from the User's use of the Site, from content available on the Site over which the Organiser has no control or prior verification, or from errors that the Organiser or the User may make in the Use of the Site;

-       loss or damage caused by the installation of a virus or any other malicious software that could infect the computer equipment, software, data or any other device through which the User accesses the Site or a third party site.

ARTICLE 6 - PENALTIES

In the event of non-compliance with any of the provisions of these GTC, the Organiser reserves the right to suspend and/or delete the User's personal account, or the contentious content, at its discretion and without prior warning.

The Promoter shall not be liable to the User or any third party for any claim or damage resulting from the termination or suspension of an account and related information.

If required by applicable law, the User will be notified of the termination or cancellation of his account beforehand or at a later date by posting on the Site or by sending a communication to any address (electronic or otherwise) provided by the User on the Site.

ARTICLE 7 - INDEPENDENCE OF CLAUSES

In the event that any provision of these GCU is deemed null and void or inapplicable by a final court decision, this nullity or inapplicability shall not entail the nullity or inapplicability of the other stipulations, which shall be deemed valid and shall remain in force between the parties.

ARTICLE 8 - APPLICABLE LAW AND COMPETENT COURT

The present GTU are subject to French law.

In the event of a dispute relating to the conclusion, interpretation, execution or termination of these GCU, the parties undertake to try to settle it amicably before any court action is taken.

This obligation to attempt to find an amicable solution is limited to a period of thirty (30) days from receipt of a letter specifying the facts complained of and the conditions for amicable settlement of the dispute.

In the absence of an agreement in principle within this period of thirty (30) days, the parties may resume all freedom of action.

Any dispute relating to the use of the Site and the services by the Users, relating to the aforementioned GCU, their validity, their interpretation or their execution, their effects or their termination, will fall under the jurisdiction of the competent court under the conditions of common law.