Last updated: February 22nd, 2019

The companies referenced in this document consist of Evenium Incorporated, a C-Corp registered in the State of Delaware, USA, and its parent company Evenium SA (Société Anonyme having its siège social at 87 rue Saint-Lazare, 75009 Paris, registered on the Paris Trade and Companies Register (RCS) under the number 429 575 699, meeting technology specialist, hereafter “EVENIUM”). EVENIUM has developed and released:

1. an online ticketing service (hereafter the ”TICKETING SERVICE”) available at www.evenium.net, which allows the registered user (hereafter the ”USER”) to become the organizer (in which case the USER is referred to as the ORGANIZER) of events (hereafter the EVENT), to manage and promote them, to sell and distribute tickets (hereafter the TICKET) and/or to participate in EVENTS (in which case the USER is referred to as the PARTICIPANT);

2. a social networking service (hereafter CONNEXME) available at www.evenium.me (hereafter the WEB APPLICATION) and/or via the downloadable mobile application from the Apple Store or from an Android store (Google Play etc.) (hereafter the MOBILE APPLICATION), which allows USERS to interact with the content of said EVENTS and to communicate with other USERS.

The ORGANIZER of an EVENT can also download the CONNEXME TV application (hereafter the APPLICATION CONNEXME TV) which allows them to record the event content and display interactive items from the EVENT (the WEB APPLICATION, the CONNEXME TV APPLICATION and the MOBILE APPLICATION are referred to collectively hereafter as the CONNEXME APPLICATIONS).

The TICKETING SERVICE and the CONNEXME APPLICATIONS will hereafter be referred to as EVENIUM SERVICES.  

The publishing director for editorial content of the site is Mr. Avner COHEN-SOLAL.

These terms and conditions of use and sale (hereafter the TCUS) govern the use of EVENIUM SERVICES and their respective functions by USERS.

Access to EVENIUM SERVICES is limited to adults with full legal capacity, except in educational situations as specified in section 1.F.

Use of EVENIUM SERVICES implies acceptance of the TCUS by the USER and the application of the defined rules and conditions.  Any USER who does not wish to abide by these TCUS in full expressly forgoes the use of EVENIUM SERVICES.  

EVENIUM SERVICES may only be used within the limits of the stipulations laid out in these TCUS.

EVENIUM reserves the right to alter these TCUS by publishing the updated version on its website.  The alterations will come into effect once the new TCUS have been accepted.  The USER can reject the new TCUS, which will terminate the present contract.  The USER thereby agrees to stop using EVENIUM SERVICES.  

It is recalled that these TCUS (and each updated version hereafter) enter into force on the date of their first publication,  marked at the top of the TCUS (or, for any USER who already has an account, the date of acceptance of the new TCUS).

MOBILE APPLICATION: refers to the software solution created and developed by EVENIUM and available for download from the Apple Store and the Android Market, allowing the use of the ConnexMe service on smartphone devices.  

CONNEXME TV APPLICATION: refers to the application available for download for the ORGANIZER of an EVENT in order to record the event content and display interactive items from the EVENT.

WEB APPLICATION: refers to a web interface available at the address www.evenium.me through which the USER creates and manages an account and which allows them to create or edit their profile as well as to use CONNEXME.

CONNEXME APPLICATIONS: refers to the MOBILE APPLICATION, WEB APPLICATION and CONNEXME TV APPLICATION.  

TICKET: refers to a pass allowing a GUEST to enter an EVENT.

TICKETING SERVICE: refers to a service developed by Evenium, accessible via an online platform available at www.evenium.net, allowing the ORGANIZER to manage and promote EVENTS and to sell and collect payment for TICKETS in line with the conditions set out in the TCUS.

CONTENT: refers to all information and documents published by the USER via EVENIUM SERVICES, notably including: text, presentations, images, maps, comments, notes, slide annotations, photographs, PERSONAL DATA, etc.

CONNEXME: refers to a service developed by EVENIUM, available via the WEB APPLICATION and/or the MOBILE APPLICATION and/or via www.evenium.net , notably allowing USERS to participate in EVENTS with elements broadcast on screens, to interact with the content of said EVENTS, to communicate with other PARTICIPANTS or the ORGANIZER of the EVENT and, once the event has finished, to access a list of all the events in which the ORGANIZER has participated and the content linked to these events.  The various packages and their content and prices are to be found in Appendix 1.

COOKIE: refers to a file stored in the memory of a USER’S device (smartphone, tablet etc.) allowing their identification when using EVENIUM SERVICES.

DEVICE: refers to a smartphone or tablet running on the Apple iOS or Google Android operating system.  

INDIVIDUAL RIGHTS: refers to the individual rights of the USER.

EVENIUM INCORPORATED: refers to Evenium Incorporated, a DELAWARE Corporation, subsidiary of EVENIUM. The principal office of Evenium, Incorporated, is located at 440 North Wolfe Road, Sunnyvale, CA 94085, USA.

EVENT(S): may refer to, but is not limited to, all events, conferences, parties, forums, congresses etc. organized by the ORGANIZER using the TICKETING SYSTEM and in which the PARTICIPANTS or third parties participate.

BILLING FORM: standard form allowing the collection of the billing address (but not bank details such as credit card number or expiration date).

CUSTOMIZABLE FORM: form configured by the ORGANIZER of an EVENT to request additional information from PARTICIPANTS which is not included on the STANDARD FORM.

USERNAME: refers to the name, pseudonym or email address chosen by the USER.

PERSONAL DATA: refers to all information regarding the USER (notably including but not limited to surname, first name, gender, age, profile picture, interests, networks, groups they belong to, list of friends etc.) which said user has supplied on EVENIUM SERVICES as well as on secondary sites (for example social networks) which EVENIUM can access, as well as the EVENTS in which the USER has participated or organized.  The password is not considered personal information, but confidential information.

GDPR: means the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).

PASSWORD: refers to a piece of confidential information which the USER must keep secret and which, along with their login, allows them to be identified.

ORGANIZER(S): USER who decides to organize one or more EVENTS.

PARTICIPANT(S): USER participating in an EVENT organized by an ORGANIZER (other than themselves).

PROFILE: The USER must create a PROFILE to access EVENIUM SERVICES.  A USERNAME and, if needed, a PASSWORD are linked to the USER’S PROFILE.  The record of their participation in EVENTS as well as their personal details , which can be altered by the USER at any time, are noted on this PROFILE.

NOTIFICATIONS: refers to a secondary window which opens in front of the USER’S main internet browser when they are viewing other websites or other applications on their computer or their mobile telephone to notify them of something happening at the event.

EVENIUM SERVICES: collectively refers to the CONNEXME APPLICATIONS and the TICKETING SERVICE.

EVENIUM SITES: refers to the web interfaces available at www.evenium.netwww.evenium.com and www.evenium.me and via which the USER creates and manages their PROFILE, organizes or participates in EVENTS, manages them, promotes them, sells and distributes TICKETS and/or communicates with other USERS.

SITE: refers to any of the EVENIUM SITES.

USER(S): the term USER refers to any individual or body that has created a PROFILE in order to use EVENIUM SERVICES and who may be an ORGANIZER or a PARTICIPANT.

1. REGISTRATION FOR EVENIUM SERVICES

1.1 Internet Connection

The USER must have access to the internet.

EVENIUM does not guarantee the compatibility of EVENIUM SITES with all internet browsers and operating systems and has no obligation to the USER regarding this.  Any potential charges relating to this access are the responsibility of the USER in their entirety.

Furthermore, the USER must possess all necessary hardware required to access the internet or mobile network. The costs of acquisition of said hardware are the exclusive responsibility of the USER.

1.2 Registration Conditions                

The USER must create an account to access EVENIUM SERVICES.  They are then asked to :

  • Complete the online registration form
  • Restate their acceptance of the TCUS
  • Choose a USERNAME and if needed a PASSWORD which is unique to them.

In registering, the USER agrees to provide complete, accurate, up to date and truthful information and to inform EVENIUM without delay of any alteration to said information.

1.3 Username and Password

A USERNAME and PASSWORD with an adequate level of security, should be chosen by the USER when they create their account to allow them to access all EVENIUM SERVICES and their PROFILE.

A temporary USERNAME and PASSWORD can also be sent to the USER allowing them to participate in an event which they were invited to by someone using their email address. The USER should, if necessary, create an account in order to participate in an event. It is also possible for the USER to use their normal USERNAME and PASSWORD.

Certain EVENIUM SERVICES are accessible without a password. This is at the USER’S risk. If a password hasn’t been chosen, the USER will be warned of this via email each time they access their account. EVENIUM takes no responsibility if a third party uses the USER’S account and the USER hereby acknowledges this fact.

In all cases the system automatically checks that the USERNAME and, if applicable, the PASSWORD match.  For security and confidentiality reasons, only the combination of these two codes will allow the USER to access all EVENIUM SERVICES and their PROFILE.

The USERNAME and PASSWORD act as proof of identity of the USER, and USER is responsible for all action taken while accessing EVENIUM SERVICES or their PROFILE using their USERNAME and PASSWORD.

The USER is responsible for keeping their USERNAME and PASSWORD private, and thus the activities which may be carried out under this USERNAME. They alone bear responsibility for the consequences arising from use by third parties with knowledge of these details.  

The USER agrees not to authorize third parties to use their account, their USERNAME and PASSWORD at any time, and to inform EVENIUM immediately of any non-authorized use, actual or suspected, of their accounts, USERNAME and/or PASSWORD, or of any other breach or suspected breach.

EVENIUM reserves the right to change or update the identification process at its sole discretion.

The USERNAME and PASSWORD are strictly personal and non-transferable.

EVENIUM reserves the right to cancel any account which has been used by a non-authorized party or by any individual other than the USER with whom this USERNAME and PASSWORD are associated.

1.4 Facebook / Google+ / LinkedIn Usernames

In order to promote linking and optimize EVENIUM SERVICES, the USER is informed that an aggregation service is available.

If the USER has expressly accepted the aggregation service, they can connect to EVENIUM SERVICES using the login details, USERNAME and PASSWORD excluded, of secondary sites selected by EVENIUM.  

The USER is informed that in the interests of aggregation EVENIUM can also access a range of basic information, notably concerning their account, their profile (name, profile picture, gender, networks, username), their networks, their interests, the groups they belong to, their list of friends and other information that the USER has provided or communicated on these secondary sites, which the USER expressly and unreservedly accepts.

1.5 Profile

When creating an ACCOUNT, the USER is asked to provide a range of PERSONAL DATA.

The USER is informed that they can choose whether to provide this PERSONAL DATA, but if they refuse, it is not certain that they will be able to use EVENIUM SERVICES or participate in all events.

The USER is duly informed and accepts that from the moment they put this information online, it will be kept by EVENIUM and treated in accordance with the conditions and to the ends outlined below (see article 4).

The USER is also informed that the information they put online, for example their name, and if required their company and job title (but not their email address) will be visible to other USERS or the public under the conditions described below (see article 3).

As far as the USER has supplied their connection details to secondary sites selected by EVENIUM, and accepted aggregation, their profile may be merged directly with those created on said secondary sites through the import of PERSONAL DATA of said accounts.

The USER can, if desired, alter or delete the information which has been collected via their PROFILE.

1.6 Children’s Protection

It is a requirement that the USER be an adult with full legal capacity, except in specific educational situations as described below. Notably, an ORGANIZER must not solicit nor invite any minor to register or use any of the EVENIUM SERVICES. A PARTICIPANT must not register any minor as an additional PARTICIPANT.

In the case of an EVENT in the field of education, organized by an ORGANIZER who represents an entity officially recognized as an educational institution, then participants to this EVENT who are minors are allowed to become USERS of the EVENIUM SERVICES, for limited usage as follows. These minor USERS cannot be ORGANIZERS, and they agree not to use EVENIUM SERVICES outside of educational events. The ORGANIZER is responsible for ensuring that the EVENT and the processing of USER information abide by all local laws, notably the laws related to child protection. The ORGANIZER is responsible for collecting authorizations from the parents or guardians of every minor USER, as required to comply with local laws. The ORGANIZER should refrain from collecting personal information concerning children and should, as much as possible, use the parent or guardian information instead.

A Parent or Guardian can request access to their child’s data at anytime, as well as request updates to or deletion of their child’s data, by sending an email request to account-data-update@evenium.com, with an official identification and a legal proof of their relationship to the minor USER.

2. USE OF EVENIUM SERVICES

2.1 Provision of Evenium Services

Once registered, the USER can start to use EVENIUM SERVICES, allowing them notably to :

 

  • organize EVENTS,
  • participate in EVENTS whilst interacting with other PARTICIPANTS and/or ORGANIZERS and/or speakers and publishing CONTENT, including notably comments and photos etc.

2.2 Download and Use of Mobile or Web Applications

In order to use CONNEXME on a DEVICE, the USER can download the MOBILE APPLICATION and thereby agrees to respect the terms and conditions as defined below.  The MOBILE APPLICATION is available for download via the Apple Store and on Android stores (Google Play, etc.).  Charges applied by the mobile phone operator regarding the download of the MOBILE APPLICATION and its use are the responsibility of the USER.

2.3 Download of the ConnexMe TV Application

In order to manage EVENTS, the ORGANIZER must download the CONNEXME TV APPLICATION available with EVENIUM and agree to respect the terms and conditions defined below, notably in article 6.

2.4 Notifications / Hyperlinks

When a USER participates in an EVENT and connects to secondary sites and/or other applications on their mobile device, notifications signalling an activity concerning the EVENT (publication of content, invitation to take part in a poll, etc.) may appear on the USER’S screen if this function has been activated on the mobile device.

Upon clicking on the hyperlink, USERS may be redirected to secondary sites whose privacy policies may be different to that of Evenium.  It is therefore up to each USER to consult the privacy policies of these sites, as EVENIUM will not be held responsible for information transmitted or collected through visits to secondary sites.

3. ORGANIZATION OF AND PARTICIPATION IN EVENTS

3.1 Organization of Events

3.1.1 Organization of events by the ORGANIZER

The ORGANIZER is able to organize multiple events from one unique account.

The ORGANIZER is solely responsible for the events they organize along with associated risks and profits.

They confirm to EVENIUM that they have respected all legal obligations and rules pertaining to this (obtaining licenses, respecting intellectual property rights, etc.).

The ORGANIZER declares notably that they have:

  • the right to distribute TICKETS to the EVENT and that this right is not limited by any engagement undertaken towards a third party;
  • all necessary authorization, notably administrative, required for the organization of the EVENT.  To this end, they agree to respect regulations applicable to the EVENT, notably but not exclusively employment legislation, health and safety requirements, regulations applying to public spaces and regulations pertaining to the sale of alcohol.

The ORGANIZER will be required to provide full proof of identity including title, full name, email address, and if applicable, date and place of birth, postal address, job title and company. If the ORGANIZER is a group or body, this information includes notably the company name, the billing postal address, the email address, the name of an official contact and/or the name of person in charge. This information will be collected by EVENIUM in accordance with the conditions and to the ends outlined in article 4.  

If the ORGANIZER represents a group or body, they confirm they are duly authorized to do so, and must be able to make commitments on behalf of this body and represent it, register it on the SITE, organize EVENTS in its name and give EVENIUM a mandate for billing and collection of money as outlined below.

Furthermore, the ORGANIZER declares that the body they represent is duly registered on the Trade and Companies Register or its local official equivalent, that it is not in receivership, undergoing liquidation or judicial safeguard procedures and that it is contractually competent.

The ORGANIZER must in all cases inform EVENIUM without delay of any change in name or company name, billing address, legal status, bank details, VAT number or legal situation (receivership, liquidation etc.)  of the body they represent.

The ORGANIZER is informed that, no matter the nature of the changes which may be made, all the invoices for one event will increment the same sequence.  If changes to the ORGANIZER are such that they necessitate the resetting of billing information, a new account must be set up in the name of this new individual.

EVENIUM reserves the right to reject any registration application at its discretion without having to justify its decision.

The ORGANIZER will give an honest and truthful representation of  their EVENTS to avoid creating confusion or misunderstanding on the part of the PARTICIPANTS.  Notably, no confusion must be generated regarding Evenium’s role as service provider only, whose name must be in no way associated with the organization of any EVENT.  

Under no circumstances will EVENIUM be responsible to check the veracity of published information.

The ORGANIZER will not organize any prohibited or criminal EVENTS (and notably will not promote illegal products, alcoholic products, armaments, gambling, tobacco, prostitution, etc. – see below).

In line with the requirements of the TICKETING SERVICE, EVENIUM is mandated to distribute and sell TICKETS in the name of the ORGANIZER corresponding to each EVENT and in accordance with the conditions specified below.  

3.1.2 Invitations sent by EVENIUM on behalf of the ORGANIZER or registering a person by a PARTICIPANT

EVENIUM can send invitation emails on behalf and in the name of the ORGANIZER or a PARTICIPANT to PARTICIPANTS and to third parties, whose names and email addresses have been provided by the ORGANIZER or PARTICIPANT.

The PARTICIPANT can also buy tickets for third parties. Any PARTICIPANT who registers other people for an EVENT guarantees the ORGANIZER  and EVENIUM that they are authorized to transmit the names and email addresses of the people they are registering for the event.

EVENIUM will remind the recipients of tickets or invitations for which they have been invited at the request of the ORGANIZER or the PARTICIPANT, and that they have the right to access, alter and delete this information.

The ORGANIZER may also transmit to EVENIUM the surnames, first names, photographs, job titles, employing company names, email addresses, etc. of people who are confirmed as PARTICIPANTS in an EVENT and do not need to buy a TICKET by means of the TICKETING SERVICE.  In this case the ORGANIZER guarantees EVENIUM that these people have been informed of their right to access, alter or delete this information, that they have expressly agreed that their surname, first name, job title, employing company and photograph be transmitted to Evenium and appear on the list of PARTICIPANTS and that they may be contacted by other PARTICIPANTS (it being specified that their email address will not be communicated to the latter).  The presence of these PARTICIPANTS at the event will be indicated to the other PARTICIPANTS present at the EVENT.

In any of the cases indicated in the four paragraphs above, EVENIUM will act only as an authorized representative of the ORGANIZER or PARTICIPANT, with no right to use these names and email addresses on their behalf until the people invited or the PARTICIPANTS have accepted the TCUS specified here.

The ORGANIZER or PARTICIPANT who has asked to invite or register someone for an event declares that they hold all necessary rights and authorizations (notably required by the French data protection and freedom of information law “Loi informatique et liberté”) regarding the elements transmitted to EVENIUM within the framework of this article.  The ORGANIZER also guarantees EVENIUM against any action which could be brought against them in this regard, and agrees that EVENIUM will be indemnified from any judgement which may result as well as from any damages to be paid.  The ORGANIZER will reimburse EVENIUM all legal costs, notably legal representation fees, both pre- and during litigation.

3.2 Invoicing Authorization

The ORGANIZER agrees that, for the use of the TICKETING SERVICE, they authorize EVENIUM to draw up a full invoice in their name and on their behalf.  Therefore EVENIUM’s role is purely that of a transparent intermediary. For EVENTS using the United States Dollar currency, the Canadian Dollar currency, the Brazilian Real currency or the Mexican Peso currency, the ORGANIZER authorizes EVENIUM INCORPORATED to draw up a full invoice in their name and on their behalf.

In this case the sale of TICKETS will be completed directly between the PARTICIPANT and the ORGANIZER.  The ORGANIZER is solely responsible for the organization of the EVENT, its implementation, its cancellation and its consequences, as well as the execution of the contract entered into with the PARTICIPANT.  

EVENIUM will be in no way considered party to the contract concluded between the PARTICIPANT and the ORGANIZER.  

EVENIUM is under no circumstances liable for the improper performance of the contract between the PARTICIPANT and the ORGANIZER, who will indemnify EVENIUM against any claims regarding this.

This mandate solely concerns the invoicing for the sale of TICKETS to the ORGANIZER’S EVENTS.

The ORGANIZER is solely responsible for the respect of regulations applicable to invoicing, for the declaration and payment of VAT to the relevant tax authorities, and for the payment of all other tax and/or levy and/or duty applicable to the EVENT for which they remain personally responsible and accountable.

The VAT rate applicable to each EVENT will be provided by the ORGANIZER through a form in the event management interface.

The ORGANIZER will be able to access a copy of each invoice issued on a page of the SITE specifically for this purpose, and agrees to request this from Evenium if this obligation is not met.

 

The ORGANIZER will have ten days to contest the content of invoices issued in their name and on their behalf.  This ten day period begins on the day the invoice is issued.

3.3 Payment Collection Authorization

For online payments through STRIPE or Paypal, the ORGANIZER receives the proceeds from the sale of TICKETS directly in his STRIPE or Paypal account.

For online payments using EVENIUM online payment module (i.e. not STRIPE or Paypal), the ORGANIZER agrees that, for the use of the TICKETING SERVICE, they authorize EVENIUM or EVENIUM INCORPORATED to take payment, in their name and on their behalf, of the amounts due for the sales of TICKETS for each EVENT. The ORGANIZER will be able to view the sums collected by EVENIUM or EVENIUM INCORPORATED in the name of and on the behalf of the ORGANIZER via the event management interface.

ORGANIZER authorizes EVENIUM or EVENIUM INCORPORATED to deduct directly  from the sales of TICKETS, Evenium fees or any amount due by the ORGANIZER.

As a result of the above, the ORGANIZER expressly authorizes EVENIUM or EVENIUM INCORPORATED to act in their name and on their behalf regarding the sale of TICKETS, the issuing of the corresponding invoice and the issuing and sending of TICKETS to PARTICIPANTS.

The ORGANIZER agrees to recognize the validity of all TICKETS issued by EVENIUM.

3.4 Pricing/Remuneration

For paid events, the price of TICKETS, including all tax, will be set by the ORGANIZER and must be no less than the amount indicated in Appendix 1 (column “Minimum price of a ticket”).  The TICKETS may be free.

EVENIUM will receive a commission for each TICKET sold corresponding to the scale indicated in Appendix 1.

EVENIUM’s remuneration is in no way affected by chargeback requests linked to the rejection of credit cards.  This risk is assumed by the organizer alone, without affecting EVENIUM’s remuneration.

EVENIUM or EVENIUM INCORPORATED, for EVENTS which currency is the United States Dollar, the Canadian Dollar, the Brazilian Real or the Mexican Peso, reserves the right, at any time, to withhold registration fees collected on behalf of the ORGANIZER if EVENIUM or EVENIUM INCORPORATED determines that there is an allegation of fraud for the EVENT, or if EVENIUM or EVENIUM INCORPORATED determines that some refunds or any other amount of money is due or may potentially be due in the future (cancellation, disputed charges, chargebacks, violation of this TCUS, violation of any applicable laws or regulations), or in case of any dispute involving the ORGANIZER.

Any credit card chargebacks from a buyer will be charged back to the ORGANIZER. If a chargeback occurs after EVENIUM has transferred the registration fees (EVENIUM remuneration being deducted) to the ORGANIZER, the ORGANIZER shall indemnify EVENIUM or EVENIUM INCORPORATED for the chargebacks and related EVENIUM fees mentioned in Appendix 1 (“Charge per chargeback”).

EVENIUM reserves the right to suspend the account of any ORGANIZER in the case of non-payment of the commission due.

When configuring the EVENT, the ORGANIZER must choose a currency for the EVENT among the currencies accepted by EVENIUM. EVENIUM or EVENIUM INCORPORATED will then collect and transfer funds in the selected currency.

3.5 Reservation

The USER’s places at the EVENT are reserved when they click on the ‘submit’ button on the reservation summary page. EVENIUM’s automatic saving systems are considered as proof of the nature, content and date of the agreement. Any reservation confirmed by the USER by clicking on the ‘submit’ button is final and irrevocable.

3.6 Order confirmation

EVENIUM confirms the USER’s acceptance of the reservation via email.  The sale is completed only once the reservation confirmation has been sent by EVENIUM.  The USER is informed and expressly accepts that EVENIUM retains the right not to confirm the order as long as they inform the USER.  In all cases, the sale of the TICKET is concluded on the condition that the price of the TICKET will be paid in full.

3.7 Payment/Reimbursement

For events using EVENIUM online payment module (i.e. not STRIPE or Paypal), the ORGANIZER will receive the proceeds from the sale of TICKETS, in the bank account whose details have been provided, once EVENIUM’s remuneration has been deducted, at the latest 10 working days after the end date of the EVENT provided that no payment has been made after the end date of the event. Should any payment be made after the end date of the event, the deadline will be extended to 10 working days after this transaction.​

Any payment by EVENIUM of the registration proceeds made before 10 working days after the EVENT, shall be considered as an advance. EVENIUM may, at any time, demand back such an advance, which then must be paid by the ORGANIZER without any delay.

To be admissible, all challenges must be addressed from the ORGANIZER to EVENIUM and sent by registered mail with proof of receipt within fifteen days of payment.

The ORGANIZER agrees to inform EVENIUM of the cancellation of an event.

In this case, the ORGANIZER agrees to refund the TICKET price to the PARTICIPANTS and expressly authorizes EVENIUM or EVENIUM INCORPORATED to do so within fifteen days of the date the event was to have taken place if the ORGANIZER has not already refunded the PARTICIPANTS (see (v.) below).  

EVENIUM or EVENIUM INCORPORATED is only required to reimburse PARTICIPANTS up to the sum of money it possesses on behalf of the ORGANIZER for the EVENT in question, once the fees due to EVENIUM for its remuneration have been deducted.

(i) If the funds retained by EVENIUM or EVENIUM INCORPORATED on behalf of an ORGANIZER after the deduction of fees are sufficient to reimburse all PARTICIPANTS in an EVENT, the PARTICIPANTS will be automatically refunded the price of the TICKET, subject to and within the limits of any agreements entered into between the ORGANIZER and the PARTICIPANTS.  

(ii) If the funds retained by EVENIUM or EVENIUM INCORPORATED on behalf of an ORGANIZER after the deduction of fees owed are not sufficient to reimburse all PARTICIPANTS in an EVENT, the ORGANIZER must provide EVENIUM or EVENIUM INCORPORATED with the necessary amount within five days of the cancellation of the event.  As soon as this money has been received, EVENIUM or EVENIUM INCORPORATED will reimburse the PARTICIPANT in accordance with the terms outlined  above (i).

(iii) If the money is not received within this time period, EVENIUM or EVENIUM INCORPORATED is authorized by the ORGANIZER to reimburse the PARTICIPANTS who request this, up to the amount of funds EVENIUM or EVENIUM INCORPORATED holds on behalf of the ORGANIZER after the deduction of fees owed for EVENIUM’s remuneration, in the order of  requests for reimbursement within 6 months of the date when the EVENT should have taken place.  

(iv) Beyond this 6 months period, EVENIUM or EVENIUM INCORPORATED is expressly authorized by the PARTICIPANTS to transfer to the ORGANIZER the remainder of the funds held on their behalf, after the deduction of fees owed for EVENIUM’s remuneration. The reimbursement of the price of the TICKET will be the concern of the PARTICIPANT and the ORGANIZER, with no support or intervention from EVENIUM or EVENIUM INCORPORATED, who will have no further responsibility in this regard.

(v) In all cases, the reimbursement of a PARTICIPANT’s TICKET may be handled by the ORGANIZER themselves, who has access to a page specifically for this via the administrative interface. In accordance with any agreement between the ORGANIZER and the PARTICIPANTS, the reimbursement of the TICKET may be total or partial. EVENIUM or EVENIUM INCORPORATED is now authorized to reimburse a PARTICIPANT from the funds it holds on behalf of the ORGANIZER for the EVENT in question after the deduction of fees owed for EVENIUM’s remuneration. If this isn’t the case, the ORGANIZER must transfer to EVENIUM or EVENIUM INCORPORATED the necessary funds for this reimbursement.

3.8 Tickets

TICKETS may be neither returned nor exchanged. TICKETS are personal and non-transferable, even for a price lower than the sale price.

A TICKET permits one single PARTICIPANT to enter an EVENT. In the case of duplicated tickets, only the first TICKET to be presented will be valid. If necessary the ORGANIZER may decide to check the identity of PARTICIPANTS on entry to the EVENT and may request presentation of any form of identification (ID card, passport, driving licence, etc.).

The TICKETS are printed or shown electronically by the PARTICIPANT, and must be completely legible, otherwise entry to the event may be refused without compensation.

Although the sale is made remotely, there is no withdrawal period in favour of the PARTICIPANT, as the sale concerns an entertainment service provided on a specific date.  

The ORGANIZER reserves the right to alter the non-essential characteristics of the EVENT as long as they inform the PARTICIPANTS of this.

3.9 Terms and Conditions of the Organizer

The ORGANIZER is free to specify the general conditions which will apply to the contractual relationship between them and the PARTICIPANT.  These general conditions will complement those presented here.  In case of conflict the TCUS presented here prevail.

The PARTICIPANT formally accepts these general conditions by ticking the box “I accept the terms and conditions of the organizer” on the event registration form.

3.10 Sharing of Information with other users: Public or Private nature of the event

If the ORGANIZER has defined an EVENT as private, the PERSONAL DATA of the USER (except for their email address) and the CONTENT they put online will be shared with the other PARTICIPANTS in the same EVENT, including the ORGANIZERS, within the conditions specified by these TCUS and subject to the restrictions determined by the USER via their PROFILE, which the USER expressly and unreservedly accepts.

When the ORGANIZER has defined the event as public the PERSONAL DATA of the USER (except for their email address) and the CONTENT they have published will be freely accessible to the public in accordance with the conditions laid out in these TCUS and subject to any restrictions determined by the USER via their PROFILE, which the USER expressly and unreservedly accepts.

In all cases the USER accepts that their PERSONAL DATA (except for their email address) and CONTENT will be visible throughout EVENTS on all media including CONNEXME APPLICATIONS, but also displayed on broadcast screens at the event, and that all PARTICIPANTS at the EVENT may freely consult the list of other PARTICIPANTS at the same EVENT and contact them (it is specified that each PARTICIPANT’s email address will not be visible to the others).

3.11 Presence at an event

When a PARTICIPANT indicates he/she will be present at an EVENT by registering to the ORGANIZER on the EVENT website or by a PARTICIPANT declaration (check-in) by activating this function on the CONNEXME APPLICATION. In this case, it is requested that the PARTICIPANT only declares him or herself present once he/she is actually at the EVENT. EVENIUM reserves the right to change the status of all PARTICIPANTS who claim they are there but actually aren’t.

4. PERSONAL DATA

4.1 Information collected by Evenium

The USER is informed and accepts that EVENIUM collects and retains the information they communicate when they create their PROFILE, when they organize or participate in an EVENT, when they use EVENIUM SERVICES or on the BILLING FORM.

The USER must be an adult with full legal capacity, except in educational situations as specified in section 1.F.

This information is intended to enrich the USER’s PROFILE, to personalize the EVENIUM SERVICES offered to them and to allow the PARTICIPANT to participate in events they want to and if necessary to receive invoices related to an EVENT.

This information also allows a USER’s activity on EVENIUM to be monitored (participation in and/or organization of EVENTS). It also allows each USER to access their PROFILE, their invoices if they are an ORGANIZER and their entry tickets if they are a PARTICIPANT, to search through or consult the list of past EVENTS in which they have participated or to search for future EVENTS according to their areas of interest.  This information also allows other USERS to contact them via EVENIUM (without their email address being given)  during EVENTS in which they are participating together.

EVENIUM will only be able to use this PERSONAL DATA (and notably the postal or email address) if related to the EVENIUM SERVICES. EVENIUM will never:

  • use this PERSONAL DATA for any sales contact,
  • sell this PERSONAL DATA to third parties.

If the USER is the ORGANIZER, EVENIUM will be able to use this PERSONAL DATA to send the ORGANIZER information about EVENIUM SERVICES.

The PERSONAL DATA (i) provided by the USER when they create a PROFILE, using CONNEXME, (ii) when they participate in the event (iii) collected if they have accepted the aggregation service, (iv) the IP addresses and (v) the billing and account details provided by the ORGANIZER (hereafter referred to collectively as ‘PERSONAL DATA’) are directly collected by EVENIUM, who is responsible for how this data is used.

The PERSONAL DATA are for the exclusive use of EVENIUM, and is shared only as necessary to EVENIUM’s contracted partners, specifically to enable proper execution of the EVENIUM SERVICES, and limited to the service they provide.

EVENIUM treats and retains this PERSONAL DATA in accordance with the laws and regulations in force in France and has been the subject of a declaration by the CNIL (Commission nationale de l’informatique et des libertés) (number 1508013). The PERSONAL DATA is stored on EVENIUM’s servers or on those of its service providers.

EVENIUM may be obliged to communicate this information at the request of a competent French judicial or administrative authority, or of a competent authority of the country in which this information is handled or stored.  

EVENIUM may also use the IP address to identify USERS who contravene these TCUS or who may damage EVENIUM. In these cases, EVENIUM may be obliged to transmit their connection details at the request of the competent authorities.

In order to offer its services, EVENIUM is likely to use COOKIES.

The USER is informed that according to the French data protection and freedom of information law (“Loi informatique et liberté”) they may oppose this by configuring their computer or mobile device.  However, as COOKIES are essential for the service to function correctly, their deactivation could make access to the management interface of the site impossible.

For more information about cookies, the USER is invited to consult the CNIL’s website at the following address: http://www.cnil.fr or to consult the ‘help’ section and documentation of their internet browser.

In accordance with modified Law no. 78-17 of 6 January 1978, referred to as the French data protection and freedom of information law (“Loi informatique et liberté”) and to GDPR, the USER has, as regards all PERSONAL DATA concerning them collected by EVENIUM, a right of access, a right to rectification, a right to erasure (“right to be forgotten”), a right to restriction of processing, a right to data portability, a right to object, and a right to define post mortem directives. To exercise these rights, they can send an email to the address account-data-update@evenium.com.

In accordance with decree no. 2007-451 of the 25 March 2007, issued for the application of the French data protection and freedom of information law (“Loi informatique et liberté”), the USER’s request must be presented in writing and must be signed and accompanied by a scanned copy of a piece of identification bearing the signature of the holder.  The request must specify the address to which the response should be sent.  EVENIUM will have two months to respond on receipt of the request.

EVENIUM agrees to make every effort to protect PERSONAL DATA in order to, notably, prevent this data being distorted, damaged or communicated to non-authorized third parties.  EVENIUM agrees to inform within 72 hours the USER in case of violation of this data.

EVENIUM may hold and/or provide access for purposes of complying with proper legal requests, any deed, document or recording on any medium including established electronic media, either received or stored directly or indirectly by EVENIUM in a database.

4.2 Data given by EVENIUM to the ORGANIZER during an EVENT

The PARTICIPANT is informed that the information they give when they create their EVENIUM account – with the exception of the PASSWORD (if applicable) – or the registration for an event will be transmitted to the ORGANIZER of the EVENT to which the PARTICIPANT is attending.

The ORGANIZER agrees to use this information in accordance with laws and regulations, notably with modified law no. 78-17 of 6 January 1978, referred to as the French data protection and freedom of information law (“Loi informatique et liberté”), and with GDPR, and solely for the registration of the USER to this EVENT or to similar events.

The PARTICIPANT gives his consent to the transfer of all the information detailed above to the ORGANIZER.

4.3 Data collected by the ORGANIZER on the CUSTOMIZABLE FORM

The ORGANIZER may, for reasons pertaining to the organization of the event only and at their sole responsibility, ask the PARTICIPANTS for further information, which they specify by setting up a specific collection form on which they define the fields. They promise not to put information which isn’t directly linked/necessary to allowing the PARTICIPANT to participate in the EVENT in the registration form.

The PARTICIPANT who wishes to participate in an EVENT is free to accept or refuse to fill in the additional information. The ORGANIZER alone decides which questions are optional and which are obligatory and what the consequences are to not replying to them.

The ORGANIZER is the sole owner of the database constituted by the collection of the data featured on the CUSTOMIZABLE FORM and is solely responsible for how this data, necessary for the EVENT, is used.

In all circumstances, the ORGANIZER must ensure that the collection of personal data regarding minors complies with all applicable laws. Notably the ORGANIZER is responsible for collecting signed authorizations from parents or guardians of those minors when necessary. The ORGANIZER should make best efforts not to collect any personal data concerning minors, and instead request email addresses or personal communication identifiers of their parents or guardians instead.

The ORGANIZER guarantees EVENIUM against any action which could be brought against them due to the data collected on the CUSTOMIZABLE FORM, and agrees that EVENIUM will be indemnified from any judgement which may result as well as from any damages to be paid.  The ORGANIZER will reimburse EVENIUM all legal costs, notably legal representation fees, both pre- and during litigation.

The ORGANIZER guarantees EVENIUM that the personal information collected is dealt with and stored in accordance with the laws and regulations of France, with the laws and regulations of the country of the ORGANIZER, as well as the laws and regulations of the country where this EVENT happens. The ORGANIZER guarantees EVENIUM that this data is kept for a reasonable amount of time, consistent with the purpose of the collection.

The ORGANIZER also declares that this collection has been subjected to all the necessary declarations relating to legal entities (CNIL etc). If the ORGANIZER isn’t based in France, they guarantee EVENIUM that they offer a level of protection equal to that of French legislation.

The ORGANIZER also guarantees that they will respect the legal and regulatory frameworks applicable, including the GDPR, especially in terms of allowing PARTICIPANTS to exercise their rights (access, amendments, deletion etc).

The PARTICIPANT is informed that s/he should exercise his/her rights for this sort of information directly with the ORGANIZER.

To the extent the ORGANIZER Content that includes Personal Data is sent by the ORGANIZER to EVENIUM through the EVENIUM SERVICES, the terms of the Data Processing Addendum available in Appendix 2 shall apply to such Personal Data and be incorporated into the TOS.

4.4 Geolocation

The USER is informed that EVENIUM can geolocate him/her for the needs of EVENIUM SERVICES. Some events may be organized according to geographic criteria.

5. COMMITMENTS OF THE USER REGARDING EVENIUM SERVICES

5.1 Lawful use of Evenium services

EVENIUM reserves the right to reject any registration at its discretion without having to justify its decision.

EVENIUM reserves the right to delete, freely and without prior notice, any CONTENT which does not respect these TCUS or which contravenes public decency, regulations concerning freedom of the press, freedom of expression, consumer law or property law, including intellectual property rights, or which advocates crime, denies crime or incites violence (without this list being exhaustive).  

EVENIUM reserves the right to refuse registration to any USER who does not comply with the aforementioned conditions, or to terminate without prior notice all services accessed by any USER who breaks the law in any way.

EVENIUM reserves the right to refuse to publish any EVENT which contravenes these TCUS, provided they inform the ORGANIZER a reasonable period of time in advance.

5.2 Respect for the integrity of Evenium sites

5.2.1 Respect of intellectual property rights

The present contract confers the USER no intellectual property rights over EVENIUM SITES, which remain the exclusive property of EVENIUM in their entirety, except for content integrated by the USER.

Consequently all elements (text, logos, illustrations, etc.) of the EVENIUM SITES and CONNEXME APPLICATIONS – except for content integrated by USERS – are the exclusive property of EVENIUM and are protected by the French Intellectual Property Code (Code de la Propriété Intellectuelle).

The USER is forbidden to reproduce, represent, distribute, publish, transmit, modify or sell all or any of the content of EVENIUM SITES, partially or in its entirety and by any process, or to produce any content deriving from it, except for the content integrated by the USER.  

The USER agrees to respect the copyright notices found on EVENIUM SITES, promotional material and documentation.

The USER agrees not to translate, adapt, rearrange, decompile, modify or export EVENIUM SITES, nor to fuse them with other computer applications.  The USER agrees to refrain from trying to obtain the source code of EVENIUM SITES.

Any instance of reproduction, broadcast or adaptation of content published by a third party or of all or part of the site constitutes an infringement for which EVENIUM can be in no way held liable, which the USER unreservedly accepts.

The EVENIUM and CONNEXME brands, as well as all other branding and logos, whether trademarked or not, linked to EVENIUM SERVICES and CONNEXME and which appear on the site, as well as the domain names www.evenium.netwww.evenium.com et www.evenium.me, are and will remain the exclusive property of EVENIUM.  Any reproduction, distribution, transmission, modification or use of these images without the prior expressed agreement of EVENIUM is forbidden, on pain of legal proceedings.

In the case of non-compliant or abusive use of these intellectual property elements, EVENIUM reserves the right to stop the infringement of its intellectual property rights and to obtain compensation for the damage caused.

5.2.2 Respect for the integrity of software applications

The present contract confers the USER no intellectual property rights over the CONNEXME APPLICATIONS, which remain the exclusive property of EVENIUM in their entirety.

The USER agrees to respect the copyright notices which appear on the CONNEXME APPLICATIONS, promotional material and documentation.

The USER formally agrees not to reproduce the software which constitutes the CONNEXME APPLICATIONS, in part or in its entirety, temporarily or permanently, by any means and in any form, including loading, displaying, running or saving the software.

The USER agrees not to translate, adapt, rearrange, decompile, modify or export the software, nor to fuse it with other computer applications.  The USER agrees to refrain from trying to obtain the source code of the CONNEXME APPLICATIONS.

5.3 Agreements linked to content published by the user

The USER is entirely responsible for the CONTENT they put online, both on their PROFILE by providing PERSONAL DATA, and through sharing it with other PARTICIPANTS.

The USER thus agrees to respect legislation currently in force, notably but not exclusively :

  • provisions relating to the “Loi pour la Confiance dans l’Economie Numérique” of the 21 June 2004, no. 2004-575 and all implementing decrees
  • regulations on remote sales, and legislation applicable to contracts concluded with consumers
  • advertising legislation
  • intellectual property legislation
  • third party rights (image rights, right to privacy, as well as the law of 21 July 1881).

In particular, the USER agrees to:

respect common courtesy, avoiding insulting or vulgar comments even if humorous;

  • refrain from publishing any photo or CONTENT of an erotic or pornographic nature;
  • refrain from publishing comments of a defamatory, threatening, abusive, obscene or racist nature;         which incite discrimination, hatred or violence of a racist nature or on grounds of religion; which promote paedophilia or which constitute an apology for Nazism or denial of crimes against humanity; any infringing content; any content which offends public decency or any content which is in any way criminal;
  • refrain from using EVENIUM SERVICES in order to threaten, harass, offend or violate the rights of third parties (including the right to privacy);
  • refrain from reproducing, representing or broadcasting content protected by intellectual property         rights or registered trademarks without the consent of its author or the owner of related rights or copyrights;
  • refrain from collecting, saving and/or broadcasting others’ personal data or personal data relating to them, for example social security number, credit card number, name and address or driver’s licence number, without their authorization;
  • refrain from engaging in ‘spamming’ activities, consisting of sending messages of any nature to large numbers of different USERS or to non-registered third parties;
  • refrain from broadcasting or using computer programs comprising destructive functions (notably viruses, trojan horses, any other software or code damaging to others’ software or computers, robots intended to generate multiple screens, etc.);
  • refrain from assuming the identity of another USER or of any other person (for example by assuming a pseudonym which has already been used or the name of a public figure), especially with the intention to mislead or damage others;
  • refrain from using EVENIUM SERVICES to commercial ends, notably for promotional reasons, and from offering products and services for direct or indirect remuneration, except in order to organize EVENTS in accordance with the conditions laid out in the present TCUS; the USER is under no circumstances authorized to promote or organize EVENTS relating to illegal products, alcoholic        products, weapons, gambling or tobacco;
  • refrain from collecting personal data, including email addresses, in a way which violates these TCUS, law no.78-17 of 6 January 1978, or any other law relating to the protection of personal data; and to refrain from transferring this data to another country, unless this transfer is subject to sufficient guarantees of protection.

EVENIUM reserves the right to delete, freely and without prior notice, any CONTENT or PROFILE which does not respect the above prescriptions or these TCUS.

6. INTELLECTUAL PROPERTY

The USER guarantees they are the owner of all copyrights and/or rights related to the CONTENT they publish and/or to other elements they may potentially provide, publish or share in relation to EVENTS or the use of EVENIUM SERVICES.

If applicable, the USER declares to have obtained the legal transfer of all intellectual property rights to the CONTENT they publish, and guarantees EVENIUM free and unchallenged utilization of said CONTENT.  Notably, the ORGANIZER agrees to obtain from presenters using the CONNEXME TV application at their EVENTS an agreement for transfer of copyright.

In the case where the USER holds copyrights or intellectual property rights over the CONTENT they publish, they expressly accept that their publication implies transfer to EVENIUM of the usage rights outlined below on a non-exclusive and non-paying basis, worldwide and for as long as the PROFILE exists (in accordance with the provisions referred to in article 10 below), for the purpose of providing EVENIUM SERVICES on behalf of said USER.

The choice of the ORGANIZER regarding the private or public nature of the EVENT will determine whether the CONTENT broadcast in relation to this EVENT will be accessible to the public or only to PARTICIPANTS in the EVENT. When the ORGANIZER indicates that the EVENT is private in nature, the CONTENT published in relation to it by a USER will only be distributed to other PARTICIPANTS in the EVENT and to the ORGANIZER. However, when the ORGANIZER indicates that it is a public EVENT, the CONTENT published in relation to it by the USER will be accessible to the public.

In all cases the rights transferred to EVENIUM over the published CONTENT comprise notably:

6.1 Reproduction rights

  • The right to save the CONTENT or have it saved through any technical process, whether known or to date unknown (notably phonographic, sound and video processes in film, analogue or digital form) on any medium, in all definitions, formats and framing ratios, using black and white or color images and in various dimensions
  • The right to produce, or have produced, an unlimited number of copies of original CONTENT, on any medium, notably paper, film reel, soundtrack and all other formats known or to date unknown
  • The right to digitize CONTENT, to store it on any medium, to modulate, compress or decompress it or to use any other technical process of this nature for storage, transfer and/or usage reasons

6.2 Representation rights

The USER expressly and unreservedly authorizes EVENIUM to represent, distribute and communicate CONTENT (or have this carried out) without charge to the public (when the EVENT is public) or to the PARTICIPANTS in the EVENT and to the ORGANIZER (when it is private), through broadcasting in all languages and an unlimited number of broadcasts, in its entirety or in extract, in original, dubbed or subtitled form in all languages, on any medium and using any process whether known or to date unknown, notably but not exclusively:

  • internet use (reproduction, download, free or charged streaming, fixed or mobile, etc.) notably of  the WEB APPLICATION;
  • broadcast on any video screen, projector or broadcast terminal (computers, tablets) during EVENTS
  • use on all mobile telephone devices (3G, 4G, iPhone, Blackberry etc.) notably via the MOBILE APPLICATION;
  • use on all written materials, notably in press releases, magazines, brochures, catalogues, books,         manuals, booklets, posters and other publications;
  • use on all audio media, including sound tracks, phonograms, all digital media (mp3, mp4, iPod, Podcast etc.) and by all methods (radio broadcast, downloads, streaming, etc.);
  • digital and/or analogue radio broadcast, through all processes inherent in radio broadcast and notably by Digital Radio Mondiale (DRM), Digital Audio Broadcasting (DAB), T-MDB digital radio, DNS radio, voice over IP, internet radio, and by all sound processing techniques whether known or to date unknown;
  • use on video media (VHS, DVD, DVD-HD, Blu-Ray, UMD, CD-Rom, DVD-Rom, minidisc etc.);
  • televisual broadcast, digital and/or analogue,  through all processes inherent in televisual broadcast and any method of image and/or sound processing which may be used in conjunction or separately, whether known or to this date unknown, notably through digital or analogue terrestrial broadcast,  cable, ADSL, including all telephone networks via XDSL technology (for example mobile television such as DVB-H or T-DBM), satellite and any electronic communication network similar to the aforementioned;
  • use on interactive television channels, notably video on demand (VOD, SVOD, Pay per view).

6.3 Adaptation rights

The USER expressly grants EVENIUM the right to adapt and split CONTENT by adding sub-titles, explanations, captions, dubbing, translations and sound recordings, by superimposing other CONTENT from other PARTICIPANTS and music, and by incorporating any other new elements, logos or text.

The USER expressly and unreservedly authorizes EVENIUM to produce or have produced, all translations, dubbings and sub-titles in all languages, of CONTENT in its entirety or extracts, for no charge.  This CONTENT may also be cropped, edited (notably for broadcasting extracts) or subjected to all other technical or graphic modifications.

More specifically, the ORGANIZER and PARTICIPANTS expressly authorize EVENIUM, for as long as their PROFILE exists, to produce overviews of the EVENT in which they have participated and to compile documents, photographs and films shown during the EVENT, and PARTICIPANTS’ comments and images of speakers in a unique file.  This overview will be distributed only to PARTICIPANTS in the EVENT when the ORGANIZER has indicated that it is private, or will be freely accessible to the public when the ORGANIZER has indicated that it is public.  

In the hypothetical situation where the USER holds copyrights over the CONTENT or PERSONAL DATA which is published, they expressly grant EVENIUM a free and non-exclusive licence for all zones in which the copyright is protected and for the duration of the protection of the copyright (before renewal, etc.)

The USER likewise declares to have accepted that, when the EVENT is public, the PARTICIPANTS and the ORGANIZER of this EVENT have the ability to share and broadcast, for free and to non-commercial ends, some or all of the CONTENT the USER has published on EVENIUM SERVICES or other secondary internet services such as social or professional networks (eg Facebook, Twitter, LinkedIn).  All other use is subject to authorization by the USER who published the CONTENT.  In no case will EVENIUM be held responsible for the sharing or broadcast of this CONTENT, which is entirely at the USER’s initiative and their sole responsibility.  

The USER promises, finally and definitely, not to seek reimbursement of any kind from EVENIUM or its beneficiaries in relation to the exertion of these intellectual property rights under the conditions laid out in these TCUS.

If the USER notices any illegal content or an abuse or violation of third party rights, they can notify EVENIUM by sending an email to the address account-data-update@evenium.com.  Any reports knowingly based on false information give rise to liability on the part of the USER.

7. IMAGE RIGHTS – PERSONALITY RIGHTS

The USER guarantees to have obtained prior permission of the people whose PERSONALITY RIGHTS are concerned when their image is shown in photographs and/or images published on EVENIUM SERVICES.

The USER expressly and definitively accepts that their PERSONALITY RIGHTS, notably their name, photograph and voice, including all images and elements of PERSONAL DATA they provide on their profile (or on social network profiles if content has been aggregated) or whilst participating in EVENTS, may be published on EVENIUM SERVICES and recorded either together or separately, stored and reproduced by any process and on any media, whether known or to date unknown.

The USER also guarantees EVENIUM free and unchallenged use of said images and/or CONTENT.

The USER expressly and irrevocably authorizes EVENIUM to store, reproduce and use their image at no cost to EVENIUM.

This implies that any photographic, videographic or cinematographic recording taken during the EVENT may be freely used by EVENIUM, without the need to request the USER’S authorization in advance nor the need to provide any remuneration or compensation.

This authorization is granted to EVENIUM under the same terms, conditions and limits as those specified for copyrights (see above), notably concerning the audience to which these images may be distributed, which varies according to the public or private NATURE of the EVENT, as defined by the ORGANIZER.

Furthermore, the USER recognizes that they have been fully informed and accept that these elements may be subject to various adaptations, notably cuts, edits (especially for the broadcast of extracts), photographic retouching (by any method and notably through photographic retouching software), subtitling, dubbing etc..

The USER also declares their knowledge that photographs taken during EVENTS and/or photographs they provide may be used in accordance with the conditions defined above.

The USER is informed that the content may be projected onto screens or broadcast on the internet and therefore visible to third parties who are participating in the EVENT but are not USERS of EVENIUM SERVICES.

The USER promises, finally and definitely, not to seek reimbursement of any kind from EVENIUM or its beneficiaries in relation to the use of their photograph under the conditions laid out in these TCUS.

8. RESPONSIBILITY

EVENIUM has an obligation of means which overrides all others.

The ORGANIZER agrees not to take any action against EVENIUM in the case that the unavailability of EVENIUM SERVICES results in extra costs for the sale of TICKETS.  Equally, EVENIUM will not be obliged to compensate the ORGANIZER for any damage which they suffer (loss of earnings, location hire, equipment, staff etc.) due to the unavailability of EVENIUM SERVICES.

Under no circumstances will EVENIUM be held responsible for indirect damage such as loss of market share, commercial damage, loss of clients, any kind of commercial difficulties, loss of profit, damage to brand image or any action deemed to constitute unfair competition.  EVENIUM will be in no case obliged to repair any potential damage, whether direct or indirect.

EVENIUM will be held in no way responsible in the case of an event constituting force majeure.

EVENIUM offers neither the USER nor the ORGANIZER any guarantee of success concerning EVENTS and/or the participation of USERS in EVENTS.

8.1 Due to the INTERNET network

EVENIUM has no responsibility to the USER for any direct or indirect damage which may result from an interrupted internet connection for a reason outside of EVENIUM’s control.

EVENIUM cannot be held responsible for the quality of the USER’s internet connection

The ORGANIZER declares that they are aware of the relative reliability of the data circulating on the internet, and of its vulnerability to interception and diversion.

8.2 Due to EVENIUM SERVICES

EVENIUM will not be held responsible for any damage resulting from the loss, alteration or any fraudulent use of data, from the accidental transmission of a virus or other harmful elements, or from the attitude or behaviour or a third party.

EVENIUM will not be held responsible for :

  • the inability of the ORGANIZER to access EVENIUM SITES
  • the inability of potential PARTICIPANTS to access EVENIUM SITES
  • the incorrect use of EVENIUM SITES by a PARTICIPANT or ORGANIZER
  • the overloading of the internet network
  • unsold TICKETS
  • a disparity between the requirements of the ORGANIZER and the services offered by EVENIUM SERVICES

EVENIUM cannot be held responsible for potential malfunctioning of the USER’s computer following the use of EVENIUM SERVICES.

EVENIUM cannot be held responsible for any direct or indirect damage suffered by the USER as a result of modifications made to software components which are not compatible with the versions of hardware and software used by the USER.

EVENIUM expressly reserves the exclusive right to intervene and modify EVENIUM SERVICES to allow them to be used as intended and to correct errors. The USER therefore formally agrees neither to modify nor to have a third party modify the WEB APPLICATION or the MOBILE APPLICATION. Notably, the USER is duly informed that the functioning of the service may be interrupted to allow for updates and maintenance work on the computer system.

8.3 Due to CONTENT

EVENIUM cannot be held responsible for CONTENT published  by USERS.

EVENIUM reserves the right to refuse access to EVENIUM SERVICES to any USERS likely to violate the rights of a third party or to infringe public order legislation.

The USER agrees not to take action of any nature against EVENIUM because of the CONTENT and DATA of other USERS and/or of EVENTS, for which EVENIUM is in no way responsible.

EVENIUM will under no circumstances be held responsible for abusive or fraudulent use of CONTENT published by the USER or by other USERS.  It is recalled that EVENIUM will in no way intervene in relations between USERS and EVENTS.

9. DURATION/TERMINATION

This contract is valid for an indefinite period.

EVENIUM can terminate it at any time and at its discretion in the case of breach of the obligations laid out in these TCUS by the USER.  In this case, EVENIUM will send the USER an email to inform them.

The USER can also terminate the contract at their discretion by sending an email to the address: account-data-update@evenium.com

This termination will result in the PROFILE and all associated data being deleted (PERSONAL DATA, CONTENT).

Nevertheless, the USER is informed that if their PROFILE is deleted or authorization terminated, the CONTENT they have published (notably posts, comments, likes etc.) or certain PERSONAL DATA concerning them will continue to be displayed.  The USER can nevertheless ask for them to be deleted by sending an email containing all necessary references (identity, web address etc.)  to the following address: account-data-update@evenium.com.

10. GUARANTEES MADE BY THE USER

The USER guarantees EVENIUM against any confusion, claim or eviction.

The USER declares that they have included no reproduction or reconstruction in their CONTENT which may violate third party rights and that this CONTENT is original and has never been produced or provided previously.  They agree to indemnify EVENIUM, if necessary, against any claims made and against any expenses or damages which may result following such claims.  The USER guarantees EVENIUM against any claims and judicial and extrajudicial expenses which may arise from action taken by a third party due to the dissemination of CONTENT.

The USER guarantees EVENIUM that, if necessary, the collection and use of data relating to other EVENIUM users will respect the rules in force.

The USER expressly recognizes having received all necessary information from EVENIUM allowing them to confirm the suitability of EVENIUM SERVICES to meet their requirements, and to take all sensible precautions for the implementation and use of these services.

The USER is solely responsible for the use of EVENIUM SERVICES.

11. FORCE MAJEURE

EVENIUM will not be considered at fault in regard to these TCUS if the execution of its obligations, in whole or part, is delayed or prevented following an event constituting force majeure.  

The same applies to, notably but not exclusively, strike, failure of the public electricity network, traffic congestion, problems with telecommunication networks, legal provisions (for example the banning of cookies) or legal rules bringing about restrictions to the purpose of these TCUS, and more generally any event external to EVENIUM which may prevent or delay its use of telecommunication networks.

In the case of such an event as outlined in this article, the party affected by the force majeure will promptly inform the other party of its duration and likely consequences and will make every effort to limit its impact.

12. VARIOUS PROVISIONS

TITLES

 In the case of difficulty of interpretation of any of the titles appearing at the beginning of clauses, these titles are declared null and void.

RENUNCIATION

No decision by one of the parties to waive the right to avail themselves of one of the dispositions of this contract will be considered a definitive decision.

Equally, no decision by one of the parties to waive the right not to avail themselves of one of the dispositions of this contract will be considered a definitive decision.

 

CONTRADICTION

If one or more of the stipulations of the present contract are held to be invalid or are declared so through the application of a law, regulation or following the definitive decision of a competent judicial authority, the other stipulations remain valid and binding.

TRANSFER

The declarations, transfer of copyright, authorizations and guarantees prescribed in these TCUS are for the benefit of EVENIUM as well as of any individual or body, company, group or association which acts on EVENIUM’s behalf and/or to which EVENIUM may transfer profit or grant a licence, whether exclusive or nonexclusive, applying to all or part of its rights, free of charge or for a fee.

The USER cannot give away, sublicense or transfer any of the entitlements arising from these TCUS.

13. ATTRIBUTION OF JURISDICTION – APPLICABLE LAW

These TCUS are subject to French law.

Any litigation which may arise from the conclusion, execution or interpretation of this contract will be governed by French law and will be subject to the jurisdiction of the Court of Appeal of PARIS, notwithstanding multiple defendants or a guaranteed appeal and including summary proceedings.

VERSION APPLICABLE ON February 22nd, 2019

14. APPENDIX 1: PRICING

The Evenium pricing is provided below:

https://evenium.net/evenium-net/pricing/pricing-en.html

15. APPENDIX 2: DATA PROCESSING ADDENDUM

The Evenium Data Processing Addendum is provided below:

https://evenium.net/dpa.html