General Terms and Conditions of Use

These General Terms and Conditions of Use are up-to-date as of September 26, 2023.

1. INTRODUCTION

1. These general terms and conditions of use (hereinafter referred to as « Terms of Use » or « TOU ») aim to govern the conditions for the provision, access, navigation, and use of the website available at https://sixchallenge.id-logistics.com (hereinafter the « Site »).

2. The Site allows Users to use the collective intelligence software Assembl Conversation within the framework of online debates initiated by ID Logistics, whose registered office is located at 55 CHE DES ENGRANAUDS 13660 ORGON.

3. The Site is owned and operated by the company BLUENOVE (SAS with a capital of €56,445, registered with the Nanterre Trade and Companies Register under number 502 204 944, with its registered office at 112 Ter rue Cardinet, 75017 Paris, email address: [email protected], Tel. +33141862120, VAT number: FR77502204944).

4. Accessing, browsing, and using the Site imply the unconditional acceptance of the TOU and its annexes, including any specific terms of use that may be appended, brought to the attention of Visitors/Users, and which are an integral part of the TOU. In the event of a conflict between the provisions of these TOU and specific terms of use, it is agreed that the provisions of the specific terms of use shall prevail.

5. The TOU, and where applicable, specific terms of use, can be consulted at all times on the Site by Visitors/Users who can save them at any time on a durable medium. They may be subject to modifications. Therefore, it is understood that the applicable conditions are those in force on the Site at the time of its access, browsing, or use.

2. DEFINITIONS

1. « Call for Contributions » refers to the call for contributions organized on the Site aimed at the collection and organization of User Contributions.

2. « Terms of Use » (TOU) refers to these general terms of use of the Site, and its appendices, especially the specific conditions that may be attached to them.

3. « Contract » refers to the contract concluded between ID Logistics and BLUENOVE on the one hand, and the User on the other hand, due to the User’s acceptance of the Terms of Use (TOU).

4. « Contribution » refers to the publication and recording by a User on the Site of content in any form whatsoever (including the submission of an idea or a response to a message) in response to a Call for Contributions.

5. « Site » refers to the website accessible at the following address: https://sixchallenge.id-logistics.com, allowing Users to submit their Contributions in response to the Call for Contributions.

6. « User » refers to any legal or natural person who has created a user account and who visits the Site to submit their Contributions in response to the Call for Contributions and/or to consult the content and information published there.

7. « Visitor » refers to any legal or natural person who visits the Site and consults the content and information published there.

3. CONSULTATION AND ACCEPTANCE OF TERMS OF USE (CGU)

3.1. Any access to the Site / browsing on the Site / use of the Site implies the acknowledgment, acceptance, and compliance with the TOU in their entirety by the User: from the creation of their account to its closure.

3.2. Prior to validating their registration on the Site, the User must confirm acceptance of these TOU and its appendices by checking the box « I acknowledge having read these General Conditions and their appendices and accept all the terms.

4. PURPOSE

The Terms of Use (TOU) aim to define the terms and conditions for the provision, access, and use of the Site by Visitors/Users.

1. TECHNICAL MEANS

Before any access or use of the Site, the Visitor/User must ensure that they have the technical and computer means to use the Site and that their browser allows secure access to the Site. The Visitor/User must also ensure that the configuration of their computer equipment is in good working order and does not contain any viruses.

6. DESCRIPTION OF THE ASSEMBL SERVICE

6.1. The Site consists of providing Users with a collective intelligence platform that allows Users to participate in one or more Calls for Contributions.

6.2. Registration on the Site and creation of a user account

1. To participate in a Call for Contributions, the User is invited to register on the Site and create an account by filling in all the mandatory fields in the registration form available on the Site. To register, the User must have legal capacity and, if not, obtain express permission from their guardian or curator, if incapacitated, or from their legal representative if a minor.

2. The User agrees to provide, during registration, sincere, accurate, and up-to-date information allowing precise identification in case of disputes. In case of changes to the information provided at the time of registration, the User undertakes to make any required modifications to their user account.

3. Before validating their registration on the Site, the User must also accept these general terms of use and its appendices, including any specific conditions of use that may be attached, in accordance with Article 3.

4. Once registered, the User has a strictly personal and confidential identifier and password. The User is solely responsible for the conservation and use of their identification elements. If the User suspects any fraudulent use of their identification elements and account or in case of loss of their identification elements, they must promptly inform ID Logistics and BLUENOVE and immediately change their password from the dedicated space on the Site.

5. In any case, the User is responsible for the use of their identification elements and account by third parties and for the actions/content published by third parties, whether fraudulent or not.

6. User’s Choice of Call for Contribution

7. After creating their account, the User can use the various features offered on the Site to publish content and respond to the Call or Calls for Contributions.

8. The User submits their Contribution under the conditions set by these TOU and within the deadline specified by the Call for Contribution.

9. Communication of the Contribution by a User

10. The communication of the Contribution by a User is only made on the Site according to the communication/upload modalities specified by ID Logistics and BLUENOVE on the Site. Any communication of the Contribution by other means will be rejected.

11. Users’ Contributions cannot, under any circumstances, entitle them to any compensation, especially financial, and are published free of any intellectual property rights. Users wishing to derive benefit or compensation, especially financial, from their Contribution and more generally from their information or content, are invited to exploit them through other means and not to share them on the Site.

12. Users’ Contributions must comply with the rules and conditions defined by the TOU, especially Article 7.
13. Closure of a user account

14. The User’s account can be closed:
    • At the initiative of the User at any time and without notice, using the online form provided for this purpose;
    • At the initiative of ID Logistics and/or BLUENOVE (i) in the case of an unconfirmed or inactive account for more than 6 months or (ii) in the case of a User’s breach of any of the provisions of these TOU, as well as any other document governing the use of the Site, brought to the attention of the User and accepted by them, which has not been remedied within seven (7) days from the notification of the breach sent by ID Logistics or BLUENOVE to the User’s contact email address.

7. OBLIGATIONS OF VISITORS/USERS

1. The Visitor/User undertakes to respect the terms of these TOU and to navigate and/or use the Site in accordance with applicable regulations, the instructions of ID Logistics and BLUENOVE, and any document governing access and use of the Site, brought to their attention and accepted by them.

In this regard, the User agrees, in particular:

• Not to use the Site illegally, for any illegal purpose, or in a manner inconsistent with the TOU;
• Not to sell, copy, reproduce, rent, lend, distribute, transfer, or sublicense any part of the content on the Site operated by ID Logistics;
• Not to decompile, disassemble, modify, display in a form readable by the User, attempt to discover any source code or software owned by or operated by BLUENOVE, and/or use any software activating or including all or part of the Site;
• Not to attempt to gain unauthorized access to the Site’s computer system or engage in any activity that disrupts, reduces the quality, interferes with performance, or impairs the functionality of the Site;
• Not to impersonate third parties;
• Not to use the Site for abusive purposes by intentionally introducing viruses or any other malicious program;
• Not to divert or attempt to divert any of the Site’s features outside of its normal use;
• Not to use a robot software or any other equivalent automated process or tool to navigate the Site;
• Not to infringe on the Intellectual Property Rights of ID Logistics and BLUENOVE.

1. The User also undertakes not to publish on the Site any content that:
   • Could be considered an act of counterfeiting and/or acts of unfair competition;
   • Contravenes applicable regulations and laws, especially in the case of press offenses, violent, or pornographic content, or content of a pedophilic nature;
   • Could harm the image and/or privacy and/or reputation of a natural person or legal entity;
   • whose intellectual property rights are held by a third party, another User, ID Logistics, or BLUENOVE;
   • originates from the work of a third party;
   • is defamatory, offensive, outrageous, false, or slanderous towards third parties, whether natural or legal persons, and/or another User, ID Logistics, or BLUENOVE;
   • contains viruses or any other malicious program;
   • threatens a person or a group of people;
   • is contrary to public order (including the apology for crimes against humanity, the apology for terrorism, incitement to hatred based on gender, sexual orientation, identity, or disability);
   • violates the secrecy of correspondence;
   • violates trade secrets;
   • jeopardizes the computer security of ID Logistics and BLUENOVE and/or any third party, especially other Users of the Site.

1. The User agrees to cooperate with ID Logistics and BLUENOVE so that Contributions, and more generally, content or links not in conformity with the provisions of Article 7.2 above, abusive, fraudulent, or illegal published on the Site are removed as soon as possible. They guarantee ID Logistics and BLUENOVE against any claims from any person (including other Users and third parties) regarding the use, including reproduction and distribution, of any Contribution, content, or link contrary to the rights of a third party or these TOU.

1. ID Logistics and/or BLUENOVE reserve the right, at any time and at their sole discretion, to delete any Contribution, link, or content and to close the account of any User who uses the Site and/or publishes on the Site information, content, link, or Contribution that may constitute a violation of current legal or regulatory provisions, public order, good morals, or these TOU.

1. BLUENOVE reserves the right to close the account of any User under the conditions stipulated in Article 6.5.

1. Any Visitor/User can inform ID Logistics or BLUENOVE of any content presumed to be contrary to these CGU by email at the address [email protected].

8. LIABILITY AND WARRANTIES OF VISITOR/USER

1. Liability and warranty for third-party rights

1. The User guarantees ID Logistics and BLUENOVE the peaceful enjoyment and exercise of the rights associated with the use of the Site. The User attests to holding all rights related to the Contributions, content, and information communicated to ID Logistics and BLUENOVE or published on the Site.

As a result, the User undertakes to guarantee and indemnify ID Logistics and BLUENOVE against any action, claim, demand, or opposition by any person invoking a right that the Contribution, content, or information may have infringed upon.

1. Liability and warranty for registration, use, and content published on the Site

1. The use of the Site is the sole responsibility of the User.

The User is solely responsible for the information they communicate and certifies its accuracy at the time of registration, the use of their identification elements and account, as well as the content, links, and Contributions they publish on the Site, regardless of their nature and origin.

Consequently, the responsibilities of ID Logistics and BLUENOVE cannot be engaged due to the registration, consultation, or use of the Site by the User, and the User undertakes to guarantee and indemnify ID Logistics and BLUENOVE:

• Against any action, claim, or demand that may be brought against them by any other person, including another User or Visitor, due to the registration, consultation, or use of the Site by the User, and more generally,
• For any damage, costs, and expenses that ID Logistics and BLUENOVE may have to bear as a result.

1. In any case, ID Logistics and BLUENOVE reserve the right to delete any content and close the account of any User who does not comply with these TOU, especially Articles 6 and 7.

1. Liability for the Visitor/User’s computer equipment

1. The Visitor/User is solely responsible for their internet connection and computer equipment. They undertake to ensure, before any access and use of the Site, that they have the technical and computer means to access and use it without jeopardizing the computer security of ID Logistics and BLUENOVE or other Visitors/Users of the Site.

As a result, the Visitor/User guarantees and undertakes to indemnify ID Logistics and BLUENOVE for any damage, costs, and expenses that may result from the User’s use of faulty computer equipment or an insecure browser.

9. BLUENOVE’S RESPONSIBILITY

1. BLUENOVE strives to keep the Site accessible 24 hours a day, 7 days a week.

However, the User’s use of the Site implies knowledge and acceptance of the characteristics and limitations of Internet technologies, particularly regarding response times to consult or query the server hosting the Site, technical performance, risks of interruption, and, more generally, any risk during data transmission. BLUENOVE cannot be held responsible, especially in the event of interruption, suspension, or unavailability of the Site and/or loss of all or part of the content therein, including but not limited to the following cases:

• Maintenance, repairs, upgrades, modifications, or updates to the Site;
• Technical issues affecting access, navigation, or use of the Site, or access to the Internet, resulting from an interruption of electronic communication services, potential viruses or computer bugs, denial of services, and any other case beyond the control of the Company;
• Force Majeure as defined in the TOU;
• Personal act or negligence of a User or a third party.

Furthermore, the Site may contain hyperlinks to external websites managed by third parties. BLUENOVE, which has no control over the content of these sites and the products and services offered therein, assumes no responsibility in this regard.

2. In general, BLUENOVE cannot be held responsible for the consultation, registration, and use of the Site, as well as the content published by Users under their sole responsibility, in accordance with Article 8.

10. INTELLECTUAL PROPERTY RIGHTS

1. 1. Intellectual Property of the Site
   2. The Site is the exclusive property of BLUENOVE.
   3. For the purposes herein, Intellectual Property Rights include, but are not limited to, copyrights, neighboring rights of performing artists and phonogram and videogram producers, rights to trademarks, including the ASSEMBL trademark, patents, designs and models, databases, trade names, know-how, registered or not, or that can be registered or not, and existing anywhere in the world, relating to the Site and its content, including algorithms, databases, structure, textual, graphic, and videographic content constituting the Site’s interfaces.
   4. Intellectual Property Rights are protected by applicable laws and regulations in force in France, as well as by any European or international treaty to which France is a party, relating to intellectual property rights and the protection of databases.
   5. Unless otherwise stated, ID Logistics owns or holds the rights to exploit all Intellectual Property Rights related to the Site’s content.
   6. Unless otherwise stated, BLUENOVE owns or holds the rights to exploit all Intellectual Property Rights related to all writings, programs, and computer codes implemented on the Site, as well as their updates, new versions, and copies, except for open-source software operated on the Site.
   7. The User’s use of the Site is not intended, and cannot have the effect, of granting any proprietary rights to the User over the Intellectual Property Rights.
   8. Except for open-source software, the right to reproduce the Site and its content is only intended for display on a single-user screen (and is strictly reserved for private use). Within the limits allowed by law, it is prohibited to modify, copy, distribute, broadcast, or use all or part of the Site or its content without prior authorization from ID Logistics and BLUENOVE.
   9. The Visitor/User agrees not to use metadata or any other « hidden text, » including the trademarks « ID Logistics » and « BLUENOVE, » without obtaining express, written, and prior authorization from ID Logistics and BLUENOVE.
   10. Any unauthorized use of any Intellectual Property Rights may result in the User’s liability and constitute infringement.
   11. Intellectual Property of Contributions : By submitting a Contribution, and more generally content or information on the Site, each User expressly accepts and acknowledges that ID Logistics is vested with all intellectual property rights attached to Contributions published on the Site, including copyright, reproduction, representation, adaptation, publication, derivative use, and more broadly, exploitation for free or for a fee worldwide and for the legal duration of copyright protection as provided for in Article L.123-1 of the French Intellectual Property Code.
   12. Users irrevocably and irreversibly undertake to ensure the peaceful enjoyment and exploitation of their Contributions by ID Logistics.
   13. ID Logistics is always free to exploit them or not, exclusively and on all media (current or future, known or unknown, including, but not limited to, newspapers, books, brochures, catalogs, graphic, magnetic, computer, telematic, digital, and web media, etc.), separately or individually, as they are or with improvements or developments arising, or not, from other Contributions collected on the platform, constituting together a collective work, of which ID Logistics is the sole owner and fully bears the investment in terms of animation, additional research and development and/or possible design, and production.
   14. In accordance with Article 6.4 of the TOU, Users who wish to derive any benefit or consideration, especially financial, from their Contribution and more generally from their information or content, are invited to exploit them through other channels and not to share them on the Site.
   15. Every User declares to have fully read and entirely and unreservedly adhered to these provisions governing the intellectual property rights attached to their Contribution(s), as well as any additional stipulations contained in the specific terms of use brought to their attention and accepted by them at the time of registration or subsequently, with this adherence constituting an essential clause to participate in the platform made available to Users on the Site.
   16. In case of contradiction between these provisions and the specific terms of use, it is understood that the specific terms of use must prevail. In the absence of contradiction, the specific terms of use complement these provisions.

11. PROTECTION OF PERSONAL DATA

The protection of personal data is governed by the following documents, which are permanently accessible on the Site:

• The information notice regarding data protection
• The cookie policy

Visitors/Users are invited to review these documents before any browsing or use of the Site.

12. APPLICABLE LAW AND JURISDICTION

1. 1. These Terms of Use and annexes are governed and interpreted in accordance with French law, excluding the rules applicable to conflicts of laws.
   2. In the event of disputes related to these Terms of Use and the Site they govern, only the courts of Paris (France) shall have jurisdiction to hear the dispute, even in the case of multiple defendants or third-party proceedings, notwithstanding any contrary clause.

1. ASSIGNMENT OF CONTRACT

ID Logistics reserves the right to assign to any third party of its choice all or part of its rights and obligations under these Terms of Use, provided that it informs the User in advance and to the extent that the assignee complies with the terms of these Terms of Use with respect to the User.

1. GENERAL PROVISIONS

1. Force majeure The parties agree to recognize as a force majeure event any event meeting the criteria defined by the jurisprudence of the Cour de Cassation in application of Article 1218 of the Civil Code, provided that these events prevent the execution of the Terms of Use by the party invoking it.

2. Autonomy of clauses If any provision of the Terms of Use or its application to any person or circumstance is deemed invalid, void, or unenforceable for any reason, such provision shall be deemed divisible and shall not affect the validity and enforceability of the other provisions of the Terms of Use.

3. Electronic communication The parties agree that they can exchange information necessary for the execution of the Terms of Use electronically. Any electronic communication between the parties is presumed to have the same force as a written document on paper.

4. Notification Any notification must be made in writing and by email to the following address: [email protected].

15. CONTACT

If you have any questions or complaints regarding these Terms of Use, you can contact ID Logistics at the following email address: [email protected].