These General Terms and Conditions of Use (hereinafter, the "GTCU") define the conditions of access and use of the Viva Technology Platform (hereinafter the "Platform"), operated by MSL France, Société anonyme [Public limited company under French law] with its registered office at 30-34 rue du Chemin Vert, 75011 Paris (Paris Trade & Companies Register 347 895 096) and Les Echos Solutions SAS [a simplified joint stock company under French law] with its registered office at 10, boulevard de Grenelle, 75015 Paris (Paris Trade & Companies Register 408 165 157), organizers of Viva Technology, (hereinafter, "Viva Technology"). The Platform is accessible from the website https://vivatechnology.com/vivatech-tour/ and allows users to access the services described in article 3. The GTCU express the entire agreement between the parties and cancel and replace any previous agreement, letter, offer or other written or oral document with the same purpose.
1. Acceptance and modification of these “GTCU”.
Any use of the Platform implies the user’s full and complete acceptance of the GTCU in force on the day of access to the Platform and obliges him or her to comply strictly with them.
The GTCU are binding on the User who acknowledges, by ticking the box provided for this purpose, having been made aware of them and having accepted them before registering on the Platform. Any qualified membership is considered null and void. Users who do not agree to be bound by the GTCU must not access the Platform.
Viva Technology reserves the right to modify the terms of these “GTCU” at any time. The user shall be informed of these changes by any useful means, at least fifteen (15) days before their entry into force. The modified GTCU shall apply immediately. Users who do not accept the modified GTCU must unsubscribe from the Platform by sending an email to the following address: email@example.com. Any use of the functional features after modification of the "GTCU" shall constitute tacit acceptance by the user of the new "GTCU".
2. Conditions for accessing the Platform
The Platform is accessible via an invitation sent by Viva Technology containing a link to the https://vivatechnology.com/vivatech-tour/ website. The Platform offers access to several functional features specified in article 3. Access to the Platform is open to any natural or legal person having registered for at least one VivaTech Tour event organized on the 2020/2021 edition (“Participating User” or “User”).
To create their account, a Participating User must enter, in the field provided for this purpose, the email address with which they registered for one of the VivaTech Tour events and define a password (at least 8 characters, including at least 1 upper case letter, 1 number and 1 special character).
If their email is recognized as being linked to a validated registration for one of the events of the VivaTech Tour of the 2020/2021 edition, the Participating User may log onto the Platform to access the home page, the live stream and the networking services of the VivaTech Tour event for which they have registered.
The Participating User undertakes to keep his/her password and login strictly confidential and not to disclose them for any reason and in any form whatsoever. Any use of the Platform with his/her email address and password shall be made under his/her sole and entire liability. In the event of loss or theft, or more generally, misappropriation of its login information by a third party, the Participating User undertakes to notify Viva Technology, without delay, by a specific email firstname.lastname@example.org. Viva Technology reserves the right, in the event of suspicious and/or fraudulent behavior, to modify the login details and inform the Participating User.
3. Description of the services available on the Platform
The Platform allows Participating Users to access the following services:
- A description and schedule of the VivaTech Tour event for which the Participating User has registered
- A list and profile of participants and partners of the VivaTech Tour event
- Access to live or delayed streaming of the VivaTech Tour event.
- Q & A module enabling the Participating User to interact with the participants and other Participating Users of the VivaTech Tour event. In this respect, the Participating Users undertake to comply with the regulations applicable to personal data and to fulfill the obligations incumbent upon them, in particular those of the article “Personal data” herein.
- Editing the Profile. Any Participating User may edit and complete their profile. At a minimum, the profile contains the data entered when registering for the VivaTech Tour event: first name, last name, job title, company, category of membership to be chosen from a drop-down list, business sector, email address, title, gender, nationality, country of residence, and areas of interest. If they wish, the Participating User may complete their Profile by entering the following information: photo, description, social networks, telephone number, and postal address.
- Networking. This feature makes it easier to make contact with other Users. It is disabled by default. The Participating User may enable or disable this feature at any time. By activating this feature, the Participating User can communicate additional information, namely his or her areas of interest (to be chosen from among several predetermined areas of interest, depending on the VivaTech Tour event) and for each area of interest the choice between “I am seeking /I am offering” (for example, I am seeking financing, I am offering an investment, etc.)
Contact details (email address and/or telephone number and/or postal address) will only be communicated if the Participating User accepts the other Participating User suggested by the Platform as a contact. The contact request may be declined. If the contact is accepted, the two Participating Users will have access to a messaging module to chat.
4. Accessibility to the Platform
The opening of access to the Platform is determined by Viva Technology at its sole discretion depending on the dates of the events it organizes.
In this context, Viva Technology endeavors to keep the Platform accessible during the VivaTech Tour event in question, except in the event of force majeure or an event beyond the control of Viva Technology. It does not guarantee the transfer rates and response times of the information circulating from its server to the Internet. The communication protocols used are those used on the Internet. In this respect, the user declares that he or she is well aware of the specificities of the Internet, its characteristics and its limits, and in particular the fact that the reliability of data transmissions over the Internet cannot be guaranteed, that the data circulates over heterogeneous networks with variable technical characteristics and capacities, sometimes causing saturations and interruptions. It is the responsibility of the Participating User to ensure that his or her equipment allows him or her to access, consult and use the Platform.
Viva Technology shall not be held liable for losses, data alterations, loss of profit, turnover, opportunity, time or direct or indirect damage, attributable to malfunctions or interruptions to the network or due to errors in the transmission of data on the Internet, misappropriation or intrusion by third parties relating to data.
Finally, Viva Technology reserves the right to interrupt, suspend, modify or terminate one or more features of the Platform, at any time and without notice, without having to provide a reason. In this case, Viva Technology may not be held liable in any way and Users may not claim any compensation of any kind.
5. Personal data
Viva Technology collects personal data on Participating Users logging into the Platform, in particular:
- The data provided when registering for a VivaTech Tour event (position, company, category, business sector, email, gender, nationality, country of residence, title, business sector, areas of interest)
- The data completed on his or her profile by the Participating User (description, social networks, email address and/or telephone number and/or postal address). This data is intended for Viva Technology for the use of the Platform and networking as well as for statistics on the use of the Platform. Furthermore, these data are processed by the subcontractor of Viva Technology, the owner of the Platform, who has granted it a non-exclusive right of use on its Platform. The data is also intended for Participating Users whose invitation to enter into contact has been accepted. In this respect, Viva Technology undertakes to comply with the obligations arising from French Law no. 78-17 of January 6, 1978 as amended on information technology, files and freedoms as well as Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 (hereinafter, the “GDPR”) and in particular to obtain the express consent of the Participating User if his/her data are likely to be transferred outside the EU. Participating Users with proof of their identity have the right to access, rectify, delete, limit and transfer their personal data. These rights may be exercised free of charge by sending an email to email@example.com or by post to MSL France / Viva Technology – 30-34 rue du Chemin Vert 75011 PARIS. To learn more about the Viva Technology Data Protection Policy: https://vivatechnology.com/data-privacy/
The User acknowledges that all information, data, texts, software, music, sounds, photographs, images, videos, messages or any other material (hereinafter collectively referred to as the "User Content"), whether made available to the public or transmitted privately via the Platform, are under its sole liability. The User acknowledges that he/she is solely responsible for the User Content that he/she displays, downloads or transmits in any manner whatsoever in connection with the use of the Platform. Viva Technology does not exercise control over the Content transmitted by the User via the Platform and consequently does not guarantee the appropriateness, legality, integrity or quality of this User Content.
Thus, the User undertakes, in his/her use of the Platform, to comply with the laws and regulations in force and not to infringe the rights of third parties or public order.
The User shall thus refrain from disseminating, in particular and without this list being exhaustive:
- Content that is obscene, indecent, defamatory, insulting, violent or racist,
- Infringing content,
- Content that attacks the image of a third party,
- False or misleading content or content that offers or promotes illegal, fraudulent or misleading activities,
- Content harmful to the computer systems of third parties (such as viruses, worms, Trojan horses, etc.),
- And more generally content likely to infringe the rights of third parties or that may be harmful to third parties, in any way and in any form whatsoever.
The User acknowledges that he/she assumes full responsibility for the use and interpretation of the information made accessible by the Platform such that Viva Technology cannot be held liable for the use that the User freely decides to make of it.
The User warrants to Viva Technology that it has all the rights and authorizations necessary for the distribution of the User Content and comments that it communicates via the Platform.
7. Intellectual property right
The systems, software, structures, infrastructures, databases and content of any kind (texts, images, visuals, music, logos, brands, database, etc.) operated by Viva Technology within the Platform, as well as the Platform itself, are protected by all intellectual property rights or database producer rights in force. No provision of these “GTCU” may be interpreted as conferring on the User any transfer of ownership over the Platform or its content.
Viva Technology only grants the User a non-exclusive, non-assignable and non-transferable license for personal and private use of the Platform, that can be revoked at any time by Viva Technology at its sole discretion, enabling him or her to use the features of the Platform to reproduce them and/or represent them solely on his or her computer, tablet or smartphone for strictly personal and private purposes.
The User undertakes not to modify the features of the Platform in any way with a view to obtaining unauthorized access to the functional features.
Any reverse engineering, decompiling, decryption, extraction, reuse, copying and, more generally, any act of reproduction, representation, dissemination and use of the Platform or any of its elements, in whole or in part, without the express prior authorization of Viva Technology is strictly prohibited and may be the subject of legal proceedings.
Violation of these mandatory provisions subjects the offender, and all persons responsible, to the penalties provided for by law. Independently of the aforementioned intellectual property rights, Viva Technology has, in accordance with Article L. 112-3 of the French Intellectual Property Code, rights over the database created by all the Users.
Furthermore, the Users authorize Viva Technology to use their User Content that may be protected by intellectual property rights as follows:
- It agrees that their Content may be distributed free of charge by Viva Technology on the Platform,
- They agrees that their Content may be distributed by Viva Technology by any means and on any medium for the purposes of promoting the Platform,
- They agree that their editorial Content may be translated into all languages, They acknowledge and accept that their User Content may be subject to changes, in particular regarding their scoping, format and colors, as well as alterations or damage to their quality, depending on the technical constraints of the Platform;
- They waive the right to request any remuneration, fee, compensation or financial compensation from Viva Technology in this respect.
In the event of a breach of any of the provisions of the GTCU, or more generally, of an infringement of any laws and regulations by the User, Viva Technology reserves the right to:
- Temporarily or permanently suspend, without delay, access to the Platform for any User who commits a breach or offense, or who participates in such,
- Delete any Content related to the breach or offense in question, in whole or in part,
- Delete the account of the offending User,
- Take all appropriate measures and initiate any legal action,
- Notify the competent authorities where appropriate, cooperate with them and provide them with any information that may be useful for the search and repression of illegal or illicit activities.
9. Miscellaneous provisions
The fact that one of the parties has not exercised any right or power pursuant to the provisions of the GTCU, or has exercised it late, may not be interpreted as a waiver of exercising all or part of this right or power, and any single or partial exercise of any right or power may not prevent a new implementation of this right or power.
If any provision of the GTCU is declared null and void or unenforceable due to a law, a regulation or following a final decision issued by a competent court, only this provision shall be null and void, the other provisions shall retain their full force and effect.
For any information relating to the operation of the Platform, the User is invited to refer to the "General Terms and Conditions" section accessible on the Platform. The User may also contact the Viva Technology customer service department by email at firstname.lastname@example.org or by post at the following address: Viva Technology – 30-34 rue du Chemin Vert 75011 Paris. In the event of failure of the complaint to the customer service of Viva Technology or in the absence of a response within a period of two months, the consumer User may submit the dispute relating to these GTCU free of charge to a mediator who shall attempt, independently and impartially, to contact the parties with a view to reaching an amicable solution. In the event of failure in the appointment of the mediator or the mediation itself, the first party to act may refer the matter to the competent Court in accordance with the procedures of Article 9.4.
In the event of difficulty in exercising the rights relating to personal data or for any complaint concerning its processing, Users may send an email to email@example.com and they also have the right to refer the matter to the CNIL [the French Data Protection Agency].
9.4 Applicable law and jurisdiction
These GTCU are subject to French law. In the event of a translation and contradiction with another language, only the French version shall prevail. Any dispute relating to the interpretation and performance of these GTCU, which is not settled amicably, shall fall under the exclusive jurisdiction of the courts within the jurisdiction of the Paris Court of Appeal unless there are mandatory rules of procedure to the contrary.