Terms & Conditions
Last updated: September 2022.
1.1 These terms and conditions (“T&C“) apply to the access, use, and browsing of the website accessible at the following address: https://youth-talks.org (hereafter the “Site”)
1.2 The Site enables Users to access and use the Assembl Flash software in the context of an online debate that the Higher Education for Good Foundation, with head office located at Route de Chêne 30, c/o Jean Blaise Eckert, avocat, 1208 Genève (Switzerland), has decided to put in place.
1.3 Designed to help articulating individual and collective expressions within large group (from 100 persons to tens of thousands), the Assembl Flash software allows Users to use a collaborative intelligence plateform that helps organizing their ideas and their work, and present them in a synthesized and intelligent way.
1.4 The Site belongs to and is operated by Bluenove (a société par actions simplifiée à associé unique with a capital of 56 445 euros, registered in the Commercial and Companies Register of Nanterre under the number 502 204 944 which registered office is at 112 Ter Rue cardinet, 75017 Paris, Tél +33141862120, intracommunity VAT No: FR77502204944). The ASSEMBL brand belongs to the GROUPE BLUENOVE Inc, a company established under the laws of Canada, which allows BLUENOVE to use it.
1.5 By accessing, browsing or using this Site, you acknowledge that you have read, understood and agreed to be bound by the T&C, and any specific terms and conditions of use that may be attached to them and brought to your attention. In case of conflict between the T&C and the specific terms and conditions of use, the latter shall prevail.
1.6 The T&C, and, when applicable, the specific terms and conditions of use are permanently accessible on the Site to all Visitors or Users, which are free to save them at all times on a durable medium. The T&C may be subject to changes. Therefore, Visitors and Users understand and agree that the applicable T&C are those in effect on the Site at the time of access, browsing or use.
2.1 “Call for Contributions” means the call for contributions organized on the Site with the aim of collecting and organizing Contribution(s) from Users.
2.2 “Contribution(s)” mean(s) the publication and the free and voluntary registration by Users on the Site of content in any form whatsoever (in particular in the form of submission of any idea, lead or solution, but also the development, the enrichment and the influence of an idea, or the answer to a survey or question) in response to a Call for Contributions.
2.3 “Contract” means the contract concluded between BLUENOVE and each Visitor/User further to the acceptance of the T&C.
2.4 “Site” means the Website accessible from the following address: https://youth-talks.org allowing Users to submit their Contributions.
2.5 “T&C” means the present terms and conditions applicable to the access, browsing and use of the Site.
2.6 “User” means any individual or legal entity that has created an account on the Site.
2.7 “Visitor” means any individual or legal entity accessing the Site and browsing its content without creating an account or prior to creating an account.
3. BROWSING AND ACCEPTANCE OF THE TERMS AND CONDITIONS OF USE
3.1 Any access / browsing / use of the Site is subject to the acceptance of and compliance with the T&C (i) for Visitors: from the access to the Site till the end of their browsing and (ii) for Users: from the creation of their account till its closure.
3.2 Before completing their subscription, Users must confirm their full acceptance to the T&C and their attachments, by ticking the box “I acknowledge that I have read the T&C and their attachments and fully agree to be bound by these terms”.
4. SUBJECT MATTER
These T&C govern the access, browsing and use of the Site by Visitors/Users.
5. INFORMATION TECHNOLOGY EQUIPEMENTS
Before accessing or using the Site, Visitors / Users shall ensure that they have the appropriate technical and information technology equipment, including a safe browser, to access and use the Site. Visitors and Users shall also ensure that their hardware and software configuration are in good condition and do not contain any malware or virus.
6. DESCRIPTION OF THE ASSEMBL SERVICE
6.1 The Site enables Users to access a collaborative platform from which they can take part in one or more Calls for Contributions.
6.2 Users may access and use all the functionalities of the Site to publish content and respond to one or more Calls for Contributions.
6.3 Users can submit their Contributions in accordance with the T&C and within the deadline set by the Call for Contributions to which they wish to respond to.
6.4 Communication method for Contributions
6.4.1 Users can only communicate their Contribution on the Site according to the communication/download methods outlined therein. Any other communication method will be rejected.
Users’ Contributions do not give rise to any compensation, such as financial compensation and shall be free of intellectual property rights. Users who wish to make a profit out of, or receive a consideration, notably financial, for their Contributions, and more generally, for any information or content, shall use them through others means and shall not publish them on the Site.
6.4.2 Users’ Contributions shall comply at all times with the T&C, notably article 7.
7. BEHAVIOUR OF USERS AND VISITORS ON THE SITE
7.1 Visitors / Users undertake to comply at all time with the T&C and, more generally, to browse and use the Site in accordance with any applicable law, instructions or documents that may govern the access or use of the Site and which the Visitors / Users have accepted.
In any event, Visitors / Users agree and undertake not to:
- use the Site in an unlawful manner, for an unlawful purpose, and, more generally, in any way that is contrary to the T&C;
- sell, copy, reproduce, rent, lend, distribute, transfer or license all or part of the content available on the Site or translate, reverse engineer, decompile, disassemble, adapt, modify, post under a readable format for Users, and, otherwise, attempt to discover any source code or software programs belonging to, or used by BLUENOVE and/or use any software to that end;
- attempt to gain non authorized access to the Site’s computer system or engage in any activity that may disturb, reduce the quality or interfere with the performance of the Site or alter its functionalities;
- impersonate the identity of others;
- misuse the Site by knowingly introducing viruses or any other malicious software/programs;
- divert or attempt to divert any of the functionalities of the Site;
- use any robot, spider, scraper or other automated means to browse or use the Site;
- infringe Bluenove’s intellectual property rights
7.2 Users additionally undertake not to publish on the Site any content:
- that may qualify as counterfeit and/or as an act of unfair competition;
- that may be contrary to any applicable law and regulation, notably in relation to press law, or be of a violent, pornographic, or pedophilic nature;
- that may be detrimental to the privacy, image or reputation of any individual or legal person;
- the intellectual property rights of which belong to a third party, another User of the Site or of Bluenove;
- resulting from the work of others;
- that may be insulting, defamatory, or offensive to third party, other Users or Bluenove;
- that may include viruses or any other malicious software;
- that may be threatening to third party(ies), other Users or Bluenove;
- that may be contrary to public order (such as public endorsement of crimes against humanity, terrorism, or of war crimes directed against groups of individuals defined by criteria such as gender identity, sexual orientation, or disability);
- that may infringe the secrecy of correspondence or business secrecy;
- that may jeopardize the digital security of Bluenove and/or of any third party, Users/Visitors.
7.3 Users undertake to cooperate with Bluenove, as may be necessary, in order to ensure the swift deletion or removal of any non-compliant, abusive, unlawful or fraudulent Contributions and, more generally, content or link published on the Site. Users shall guarantee Bluenove against any action of third party (including other Users/Visitors), that may be based on the use (including the reproduction or publication) by Bluenove of a Contribution, content or link that may have infringed a third party’s rights and/or be contrary to the T&C.
7.4 Bluenove has the right, at all time and at its discretion, to delete any Contribution, link or content, and/or to close the account, of any User that has used the Site or published on the Site any information, content, link or Contribution likely to be contrary to any applicable laws and regulations, public order, good moral standards, or the T&C.
7.5 Users/Visitors can inform Bluenove, by mail: lea.nghi[email protected], of any content deemed contrary to the T&C.
8. LIABILITY AND WARRANTY OF USERS/VISITORS
8.1 Liability and warranty in relation to third parties’ rights
8.1.1 Users undertake to guarantee BLUENOVE of the peaceful enjoyment and use of the Site. Users certify that they have all the prerequisite rights in relation to the Contribution, content or information they publish on the Site or share with BLUENOVE.
In any event, Users undertake to guarantee and indemnify BLUENOVE against any claim or action of third party (including other Users/Visitors), that might be based on a violation of their rights due to a Contribution, content or information published by the Users or from their account.
8.2 Liability and warranty in relation to the registration, use of the Site and content published therein
8.2.1 Users are solely responsible for their registration, browsing and use of the Site.
In particular, Users are solely responsible, without limitation, for:
- the information shared and certified as exact, complete and up to date when creating their account;
- the use of their account details;
- the content, link and Contribution published on the Site from their account, whatever the nature or origin of such content, link and Contribution.
Accordingly, Bluenove shall not be held liable for any harm suffered as a result of such registration, browsing or use of the Site by Users and Users shall guarantee and indemnify Bluenove against:
- any action or claim of third party (including other Users or Visitors) that might be based on such registration, browsing or use of the Site by Users, and more generally against,
- any damages, costs and expenses that might be incurred by Bluenove as a result therein.
8.2.2 In any event, Bluenove shall have the right to delete any content and close any account of Users that do not comply with the T&C, notably article 6 and 7.
8.3 Liability and warranty in relation to the information technology equipment of Users/Visitors
8.3.1 Visitors/Users are solely responsible for their internet connection and information technology equipment. Before accessing or using the Site, they shall ensure that such equipment enable a safe access and use of the Site, without any risk for the digital safety of Bluenove and of other Visitors/Users.
In any event, Visitors/Users shall guarantee and indemnify Bluenove against any harms, costs or expenses incurred as a result of the use by Visitors/Users of a defective equipment, browser or internet connection.
9. LIABILITY OF BLUENOVE
9.1 Bluenove does its best efforts to ensure the Site is available 24/7.
However the access, browsing and use of the Site by Visitors/Users implies the knowledge and acceptance of the characteristics and limitations of the technologies inherent to the Internet, in particular regarding response times when consulting or querying the server hosting the Site, technical performance, the risks of interruption and, more generally, any risk incurred in the transmission of data.
Therefore, Bluenove shall not be liable for any interruption, suspension or unavailability of the Site and/or loss of all or part of the content available and/or published on the Site, notably and without limitation further to:
- any maintenance, repairs, upgrades, modifications or updates of the Site;
- any technical issues affecting the access, browsing or use of the Site or, more generally, the access to Internet network and caused by an interruption of electronic communication networks, viruses, malicious programs, denial of services, or any other cause independent of Bluenove’s will;
- an event of Force Majeure within the meaning of the T&C;
- an act or negligence of a User, Visitor or third party.
Additionally, the Site may include links published by Users and leading to other websites, which Bluenove does not operate. Bluenove is not responsible for such website and shall not incur any liability in relation to their content, which is outside of its control.
9.2 More generally, Bluenove shall not be liable for the access, browsing and use of the Site by Visitors/Users as well as for the content published on the Site by Users, which is made under Users’ sole responsibility, as per article 8 of the T&C.
10. INTELLECTUAL PROPERTY RIGHTS
10.1 Intellectual Property Rights of the Site and ASSEMBL brand
10.1.1 The Site, and Intellectual Property Rights related thereto, exclusively belongs to BLUENOVE.
10.1.2 The ASSEMBL brand (registered with the National Institute of Industrial Property under the number 4327720), and Intellectual Property Rights related thereto, exclusively belong to the GROUPE BLUENOVE Inc, a company established under the laws of Canada, which allows Bluenove to use it.
10.1.3 For the purpose of these T&C, Intellectual Property Rights refer to, without limitation, copyrights, neighboring rights of performers, producers of phonograms and videography, trademarks and notably trademarks over ASSEMBL, patents, designs and models, databases, trade names, know how, whether registered or not, that can be registered or not, and that may apply in any part of the world, so long as it is related to the Site and its content, including its algorithm, databases, tree structure, textual, visual or audiovisual contents that are part of the Site interface.
10.1.4 Intellectual Property Rights are protected by the laws and regulations applicable and in effect in the territory of France, as well as by any European or international treaties and instruments to which France is a party in connection with intellectual property or the protection of database.
10.1.5 Unless otherwise specified, Bluenove owns or has the rights to use and exploit any Intellectual Property Rights related to the content of the Site, and more generally, to any computer scrip, program or computer code operating on the Site as well as to any updates, new version or copy related thereto, with the exception of open-source software.
10.1.6 The Use of the Site by Visitors/Users does not aim and shall not have the effect of granting them any exclusive rights over the Intellectual Property Rights.
Aside from open-source software, the right to reproduce the Site and its content is allowed for representation only on a single screen (and is strictly reserved for private use). To the extent permitted by law, it is strictly forbidden to modify, copy, distribute, publish, use all or part of the Site or of its content without the prior authorization of Bluenove.
10.1.7 Visitors/Users undertake not to use metadata or hidden texts, including the « Bluenove » brand, without the prior, written, and express authorization from Bluenove.
10.1.8 Any unauthorized use of the Intellectual Property Rights may give rise to the liability of the Visitors/Users and qualify as counterfeit.
10.2 Intellectual property rights of Contributions
10.2.1 The main purpose of the Assembl platform is to create a collaborative space intended to help Bluenove identify, develop and, where applicable, market and distribute new products or services, derived, exclusively or not, from one or more Contributions published on the Site by one or more User(s).
Accordingly, by publishing a Contribution, and more generally, any content or information, on the Site, Users accept and acknowledge that Bluenove is invested with all intellectual property rights related to such publication, including, without limitation, copyrights, rights of reproduction, representation, adaptation, publication, derived use, and more generally, exploitation by Bluenove for free or for consideration.
10.2.2 Bluenove is entirely and always free to use, for a commercial purpose or not, on an exclusive basis or not and on all media (current or future media, known or unknown, including, without limitation, newspapers, books, brochures, catalogues, graphic media, magnetic media, computers, telematics, digital, website, etc…), any Contribution published on the Site, whether individually or collectively, as is or with improvements notably derived from other Contributions.
These contributions, taken all together, constitute a collective work, the intellectual property rights of which fully belong to Bluenove, which bears the investment risks related, notably, to the coordination, the additional research or development that may be required, the design, production and marketing.
Users undertake to guarantee, irrevocably and unconditionally, the peaceful enjoyment by Bluenove of the products and services, which may be derived from such Contributions.
In accordance with article 6.4., Users who wish to make a profit out of, or receive a consideration, notably financial, for their Contributions, and more generally, for any information or content, shall not publish them on the Site.
10.2.3 Users declares having read and fully accept the provisions of these T&C, as well as of any specific terms and conditions brought to his attention and accepted, that govern the intellectual property rights of their Contributions. These provisions and their acceptance by USERS at the time of their registration or later on, constitute an essential condition for them to be able to take part in Calls for Contribution.
In case of conflict between the provisions mentioned above and specific terms and conditions of use, the latter shall prevail. In the absence of conflict, the specific terms and conditions shall apply in addition to the provisions mentioned above.
11. PERSONAL DATA PROTECTION
The protection of personal data is governed by the following documents, accessible and available on the site at all times:
- The data protection policy
- The cookies policy
Visitors/Users shall consult these policies before browsing or using the Site.
12. APPLICABLE LAW AND JURISDICTION
12. 1 These T&C, and any attachments thereto, shall be governed and interpreted in accordance with the laws of France, without regard to any principle of conflict or choice of laws that would lead to the application of the laws of another jurisdiction.
10.2 The Courts of Paris (France) shall have exclusive jurisdiction over any dispute that may arise out of, or in connection with, these T&C and/or the access, browsing and use of the Site, notwithstanding any clause to the contrary, guarantee call or plurality of defendants.
Bluenove may assign or delegate to any third party of its choice all or part of its rights and obligations under these T&C, subject to the prior information of Users and provided such third party agrees to abide by the T&C with respect to Users.
14.1 Force majeure
The Parties agree to recognize as force majeure any event that meets the criteria set by the French Supreme Court case law pursuant to article 1218 of the French Civil code, so long as such event prevents the proper enforcement of the T&C by the party which invokes the force majeure.
If any provision of these T&C or its enforcement to a person or circumstance, is held invalid, null or unenforceable, such invalid, null or unenforceable provision shall not affect the validity or enforceability of any other provisions of these T&C.
14.3 Method of communications
Parties to these T&C agree that any notice, request, approval and, more generally, exchange of information related to the enforcement of these T&C may occur through e-mails. Any communication through e-mails shall be deemed to have the same probative force as a hard written copy.
Any notice shall be sent in writing and by mail to: [email protected].
If you have any requests or complaints in relation to these T&C, you may contact Bluenove by mail: [email protected] or by phone: +33141862120.