General Terms and Conditions of Use of the Website
The purpose of the website “www.vivatechnology.com” (hereinafter the “Website”) is to supply up-to-date information about Viva Technology Paris Event for businesses and individuals interested in finding out more about Viva Technology and its achievements. By using this Website, the user agrees to comply with the general terms and conditions of access and use described in detail below (“General Terms and Conditions”) and the laws applicable in France to online communications. All users of this Website are subject to the following General Terms and Conditions of Use, which may be supplemented by special terms and conditions in the case of certain services. For the purpose of the General Terms and Conditions of Use, both the publishers, Les Echos Solution and MSL France are named together as “Viva Technology”. Viva Technology reserves the right to change and update the terms and conditions of access to the website at any time as well as the General Terms and Conditions. To keep up with such modifications and updates, users are required to refer to this section on a regular basis to check the currently applicable General Terms and Conditions. Viva Technology reserves the right to change or delete all or part of the Website without prior notice and without informing internet users thereof in advance.
1. Intellectual property rights
1.1 Copyrights and/or intellectual rights concerning artistic works and documents reproduced on the Website: Intellectual property rights and/or copyright (the rights of reproduction, performance and adaptation regarding artistic work published on the Website) remains without restriction the ownership of the respective owners in France and abroad in accordance with the French Intellectual Property Code and international copyright conventions. All reproductions, whether hardcopies or softcopies, of the Website and of the works and models reproduced therein are allowed provided said reproductions are reserved for strictly personal use to the exclusion of any use for advertising and/or commercial purposes and/or that said reproductions comply with the provisions of Article L122-5 of the French Intellectual Property Code. Save as provided for by the foregoing paragraph, any reproduction, performance, utilisation or modification, by any process and on any data carrier, of all or part of the website and the various works and models contained therein without the prior consent of Viva Technology or of the corresponding owners or authors constitutes a copyright infringement strictly prohibited by law. The foregoing obligations do not apply to journalists or press publishers, for whom Viva Technology makes available iconographic documents and press releases that may be freely viewed, reproduced and displayed to illustrate their articles and press publications. Such materials are available in the “Newsroom” section of the website. 1.2 Rights related to registered trademarks All names, trade names and signs of any nature (such as logotypes or figurative marks), including the names of the goods and services mentioned or reproduced on this website by Viva Technology shall remain the property of Viva Technology or of the partners and sponsors of Viva Technology. Any utilisation, reproduction, performance or imitation thereof, even partial, by internet users is prohibited without prior authorisation from the owners of said trademarks. Any violation of the foregoing obligation constitutes a copyright infringement punishable by law. Moreover, the name “Viva Technology”, as well as the names, logotypes and trade names of the companies organizing the event Viva Technology are registered trademarks protected in each of the countries in which the relevant companies are set up. Any reproduction, performance or imitation thereof, even partial, is therefore prohibited without prior written authorisation from Viva Technology and from the companies owners of said trademarks. Any violation of the foregoing obligation constitutes a copyright infringement punishable by law.
2. Image-Exploitation Rights – Personality Rights
Models, performing artists and, more generally, any person shown in the photos and videos recording published on this Website have authorised the use of their image for the purpose of VivaTechnogy and/or for the publishing of their image on the Website. Similarly, the employees and managers of Viva Technology whose image is used on this Website have authorised the use of the relevant iconographic documents within the framework of the Website and only within said framework. No reproduction, performance or use of such photos and films may be made by the users of the Website without the prior written consent of Viva Technology. Any use, even partial, of such documents, in violation of the foregoing obligation is subject to prosecution and is punishable by law.
3. Prohibition against publishing illicit content
The users of this Website, particularly those who post their contents in response to challenges published by Viva Technology or those who participate as the case may be in a discussion forum opened by Viva Technology shall refrain from publishing any content whatsoever that provides justifications for crimes against humanity, incites racial hatred or violence, constitutes child pornography or violates human dignity. Pursuant to the current legislation and the provisions of the French Criminal Code, Viva Technology is obliged to report to the judicial authorities any such conduct or contents. To report illicit content, as defined above, to the Viva Technology, users are invited to send an e-mail to email@example.com and to send a confirmation by registered letter with return receipt requested to the following mail address: Viva Technology - 2 rue Feydeau - 75002 Paris - France
4. Personal data
4.1 While navigating through certain pages of this Website, internet users may communicate personal information to Viva Technology such information or data is optional unless otherwise mentioned. Any personal data collected in that manner is intended exclusively for Viva Technology, its subsidiaries and partners or sponsors, for the purpose of the VivaTech newsletter subscription (through the dedicated form), and of the VivaTech Pass subscription (through the dedicated form enabling the personal pass to be delivered). Except for the uses mentioned above, such information is considered confidential and treated as such. Such information will be retained on file for no more than the duration needed for the purpose of the services offered by Viva Technology. Pursuant to the French law entitled Informatique et Libertés [“Information Technology and Civil Liberties”] No. 78-17 of 6 January 1978 and to the E.U Directive 95-46 CE as of October 24th, 1995 persons who communicate personal data are entitled to access, correct or delete such data free of charge by using the form provided to that purpose on the Website, by sending an e-mail to firstname.lastname@example.org. Said requests must be sent with a copy of the official user’s identity card bearing the user’s signature. The request must specify the returning mailing address. Viva Technology shall have a period of 2 (two) months after receipt of the request to communicate, supplement or delete the information, as the case may be. Internet users who consent on forms to receive e-mails containing information and requests from Viva Technology may revoke said consent at any time, either by clicking on the hyperlink provided to that purpose at the bottom of the e-mails they receive or by sending an e-mail with “désabonnement” (Unsubscribe) on the subject line to: email@example.com. 4.2 Users of the Website are informed their data may be transferred by Viva Technology as the data processor to its affiliates and partners or sponsors located outside of the European Union according to sections 68 and 69 of the afore mentioned French law related to data privacy. Within the framework of the said transfers, Viva Technology respects the privacy of its users and is compliant with any regulation and law related to data privacy especially. 4.3 Pursuant to Article 6 of the Act of 21 June 2004 entitled “pour la confiance en l’’économie numérique” [law promoting confidence in e-commerce], the web hosting service retains the Website users’ connection data covered by professional secrecy and processed in compliance with the statutory provisions on personal data when such data makes it possible to identify the users of the Website.
5. Website content
Viva Technology, as well as the web hosting service and, more generally, every company contributing to the designing, implementation and online publishing of this Website make every effort to ensure the accuracy and regular updating of the information broadcast on this Website. Viva Technology and its specialised service providers reserve the right to correct and modify the content of the Website and shall under no circumstances be held liable on that account. Viva Technology and the service providers thereof shall not be held liable for any items beyond their control or any damage that may be suffered by internet users or their technical environment, particularly their computers, software, equipment, networks (modems, telephone, etc.) and any hardware used to access or use the Website.
6. Governing law
These General Terms and Conditions of Use shall be governed by French law. Any disputes arising out of the interpretation thereof shall be referred exclusively to the courts of France.