LEGAL NOTICES

LEGAL NOTICES

PUBLISHER

BIGBEN CONNECTED

Société par Actions Simplifiée (simplified joint stock company) with a capital of 2,977,074.00 Euros, registered in the Lille Metropole Trade and Companies Register under the number RCS B 103 361 439,

having its head office at :

396, Rue de la Voyette
CRT 2

59273 Fretin- France

Email : contact@bigben-connected.com

 ...........

DIRECTOR OF THE PUBLICATION

The Director of the publication is Mr. Alain Falc

EMBEDDERS

OVH

2 rue Kellermann

59100 Roubaix-France

Photo credits

The photos illustrating the Site are not contractual.

Credits:

Ambient photos of the show : made by Yannick ADOH

Photos of Yannick ADOH

Webdesign 

Bigben Connected

65 rue de la victoire

75009 Paris

Contact: contact@bigben-connected.fr

Site : www.bigbenweek.fr

GENERAL CONDITIONS OF USE

Bigben Connected, a simplified joint stock company with a capital of €2977074.00, registered with the Lille Métropole Trade and Companies Register under the number RCS B 103 361 439, with its registered office at 396, Rue de la Voyette CRT 2 59273 Fretin-France (hereinafter referred to as "Bigben"), publishes the "Bigben Week" website, which can be accessed at the following URL: http: //www.bigbenwee.fr (hereinafter referred to as the "Site").

The present General Terms of Use (or "GTU") determine the rules of access to the Site and its conditions of use that the user of the Site (the "User") acknowledges accepting, without reservation, by the sole fact of his connection to the Site. Access to certain services may also be subject to the User's full and complete acceptance of specific conditions of use (hereinafter the "Specific Conditions of Use"), which may include, where applicable, the conditions of sale of paid services offered by the Site.

Any person browsing the Site is considered a "User".

The General Terms of Use may be modified at any time by Bigben. In this case, the modifications are brought to the attention of Users by simply putting them on line and are deemed to be accepted without reservation by any User who accesses the Site after said posting.

The use of certain services may require compliance with additional rules or guidelines that may be included in these Terms of Use. These will be specified to each user on the pages of the Service concerned.

  1. USE OF THE SITE AND SERVICES

Bigben makes available, via its Site, the possibility for Users to access services, including, but not limited to, any multimedia program accessible from the Site, in particular content concerning hereafter referred to as "Services".

The use of certain Services may require compliance with rules or guidelines that may be added in addition to these Terms of Use. These will be specified on the screens of the Service concerned.

Access to certain Services on the Site requires that the User create a user account (hereinafter "User Account") and/or register on the Site by providing, in particular, his or her e-mail address, nickname, surname, date of birth, place of residence, registration for newsletters, opt-in offers from partners, and/or centers of interest.

  1. REGISTRATION - USER ACCOUNT CREATION

When registering online and/or creating a User Account, the User undertakes to provide true, accurate, up-to-date and complete information on his/her identity and age, in accordance with Article 6-II of Law no. 2004-575 of 21 June 2004 on confidence in the digital economy. In particular, the User undertakes not to create a false identity that could mislead Bigben or third parties and not to usurp the identity of another legal or physical person. The User undertakes to immediately update, in the event of a change, the data he/she has communicated during his/her online registration.

In the event that the User provides false, inaccurate, out-of-date, incomplete, misleading information or information that is likely to mislead, Bigben may, without prior notice or compensation, suspend or terminate the User's User Account and refuse the User access, temporarily or permanently, to all or part of the online services.

It is specified that minors, whatever their status - professional or not - may only provide this information with the express written consent of the persons holding parental authority. The use of the Site by a minor remains under the full and complete responsibility of the persons holding parental authority. Parents or guardians are encouraged to monitor their children's use of the Services and to keep in mind that the Services are intended to reach a wide audience and that, as legal guardians, it is the responsibility of the parents or guardians to determine which Services are appropriate for their child(ren) and to monitor their use of the Services.

The User agrees not to use a pseudonym in his e-mail address that could infringe on the rights of third parties (in particular the use of the patronymic, pseudonym, brand name of others, or works protected by copyright and/or neighbouring rights) in any capacity whatsoever and whatever the basis.

When registering, the User will be asked to choose and indicate his personal and confidential access codes, which will be used to identify him and to allow a faster connection when using the Services. The User acknowledges that he/she is fully responsible for maintaining the confidentiality of these access codes. In the event of fraudulent use of his/her password, the User agrees to immediately inform Bigben of the unauthorized use of his/her account. The User is solely responsible for the use of his/her User Account; any connection or data transmission made using any Service will be deemed to have been made by the User under his/her sole responsibility. It is also specified that the User is entirely and exclusively responsible for the use of the Service by himself and by any third party.

  1. PROTECTION OF PERSONAL DATA

The information collected when registering for the Services and/or creating a User Account is subject to computer processing for the purpose of accessing the said Services. The recipients of the data are Bigben and any of Bigben's technical service providers in order to ensure the proper functioning of the said Services.

The provision of this information is essential to access the Services offered by Bigben. If the User objects to the collection and processing of his/her data by Bigben, the User will not be able to benefit from these Services.
In accordance with the French law on information technology and civil liberties of January 6, 1978, modified in 2004, the User has the right to access, modify, rectify and delete data concerning him/her at the following e-mail address: contact@bigbenweek.fr

The User may also, for legitimate reasons, oppose the processing of data concerning him/her. In accordance with the decree n°2007-451 of March 25, 2007 taken for the application of the law of January 6, 1978, the requests of the Users will have to be presented in writing and will have to be signed and accompanied by the photocopy of an identity paper carrying the signature of the holder. The request must specify the address to which the reply must be sent. Bigben will have a period of 2 (two) months to respond following receipt of the request.

Bigben may use your personal information to target advertising banners or to optimize access to all Services subject to registration.

  1. AVAILABILITY AND SUSPENSION OF SERVICE

Bigben undertakes to do its utmost to ensure the permanence, continuity and quality of the Site and, in this respect, has an obligation of means. Bigben undertakes to make every effort to ensure that the Service and the Site are available 24 hours a day, 7 days a week, except in the event of breakdown, maintenance or force majeure. Bigben reserves the right to interrupt the Service and/or access to the Site, in particular for maintenance operations, without being held responsible. Maintenance operations will, as far as possible, be carried out at times when the Site is least active.

Furthermore, Bigben reserves the right to restrict, limit or suspend its Services without prior notice or compensation if it appears that the User is using the Services provided to him/her for any activity that does not comply with these GCU, the law, public order and/or good morals.

  1. PARTNER SERVICES and EXTERNAL LINKS

5.1 Hypertext links to this Site are prohibited without the prior written consent of BIGBEN. BIGBEN may at any time withdraw such permission and remove the link if the link does not comply with applicable law or if the link does not comply with these TOU and other policies of the Company.

Links to an Internet Site that disseminates information of an illicit, violent, polemical, pornographic or xenophobic nature and/or that infringes on the intellectual property rights of a third party and/or that damages the image of the Company and/or the reputation of the Company are prohibited.

5.2 Bigben sets up partnerships in order to enrich the content and Services offered by the Site. The Site may also contain pages/spaces with product and service offers to which Users have access if they so wish.

These offers from partners are proposed by the latter in complete independence and under their sole responsibility. Consequently, Bigben cannot be held liable for any reason or on any grounds whatsoever with regard to the offers consulted and the transactions that may result from them, as the partners and advertisers are the only ones involved in a contractual relationship with the Users of the Site.

The content of the pages/spaces of the partners and advertisers remains their intellectual property. Any reproduction, republication or redistribution by any means whatsoever is totally prohibited by law without written authorization from the said partners.
As the present GTU do not apply to the content and offers of the partners, it is recommended to the Users to take note of the general conditions of use and the general conditions of sale of the sites of these partners.

5.3 In order to provide as much information as possible that may be of interest to Users, Bigben has also set up partnerships with service providers and may offer you information about other sites and/or services, for example by mentioning website addresses and/or by providing hyperlinks to these sites.

These hypertext links pointing to third party sites or external sources do not belong to Bigben and are provided for information purposes. These links are not controlled by Bigben, which does not guarantee the availability of such sites and external sources. Bigben cannot be held responsible for any damage or loss, proven or alleged, consecutive or related to the use of, or having trusted, the content, goods or services available on these partner services or external sources.

The decision to activate these links is the full responsibility of the User. Bigben has no control over these sites and declines all responsibility for their access, content or use, as well as for any damage that may result from consulting the information on these sites.

If, however, there is a link on the Site pages to an external page in which illegal content is disseminated by a third party, Bigben will delete the link to this page after having been informed of the said content. As these GCU do not apply to the contents of these external sites, Users are advised to read their general terms of use and general terms of sale.

  1. CONSERVATION AND ARCHIVING

In accordance with the provisions of the Law for Confidence in the Digital Economy of June 21, 2004, Bigben is obliged, in its capacity as a content host, to hold and retain data that may allow the identification of any person who has distributed content through its intermediary, in the event that the legal authorities should request it.

The archiving of these data is made on a reliable and durable support so as to correspond to a faithful and durable copy, in accordance with the article 1348 of the Civil code.

  1. USER COMMITMENT

7.1 Rules and practices relating to behaviour on the Site

The User is fully responsible for the comments and/or content that he/she publishes on the Site. The User undertakes to exercise good judgment in the use he makes of the Services and/or the Site. All content, such as information, data, images, video texts, photographs, messages, software, sounds, or any other material whether made public or transmitted privately, are under the sole responsibility of the User who originated the content. In this case, the User expressly undertakes to ensure that such content complies with the laws and regulations in force, and in particular that it respects the rights of property and persons, and all intellectual property rights.

The User agrees not to publish on the Service any content/comments of an illicit nature, and in particular: defamatory, slanderous, obscene, insulting, discriminatory, racist or sexist, contrary to the presumption of innocence, and not to quote in a recurrent manner brands, Internet sites, or commercial services that could be assimilated to false advertising.

The User shall not:

  • to promote any good, product or service.
  • reproduce, copy, sell, resell or exploit for any commercial or other purpose whatsoever all or part of the Services and/or the Site, or any right of access to the Services without the express prior authorization of the Site,
  • to create a hypertext link to the Site;
  • to write a summary of the contents of the Site or to proceed to a press panorama, and/or to proceed to the diffusion via a means of communication, such as for example an Intranet;
  • to create archive files from the contents proposed and diffused by the Site;
  • to reproduce, represent, use, reference (in particular in the meta words of the search engines), all or part of the contents, marks, logos, distinctive signs and/or the Services and/or the Site;
  • infringe the intellectual property rights of third parties. In this respect, the User guarantees that he/she has the intellectual property rights, such as in particular the copyrights, necessary for the publication of the contents and/or comments published on the Site(s) and/or Service(s).

The User is solely responsible for the content he/she transmits via the Services. Bigben may not under any circumstances be held responsible for the content, in particular the illegal nature of the content with regard to the regulations in force, for any error or omission in any content, for any loss or damage resulting from the use of any content displayed or transmitted via one of the Services and/or the Site.

In the event of non-compliance with these rules by a User, Bigben may suspend and/or delete the User's access and/or e-mail address.

Bigben may be required to disclose any content and/or personal data in order to comply with applicable laws or if, in good faith, Bigben believes that such action is necessary, in particular in the context of legal proceedings, to ensure compliance with the General Terms and Conditions of Use of the Services, to respond to complaints and/or claims of violation of the rights of third parties, to protect the rights or interests of Bigben, its users, or the public

The User also guarantees that his or her contribution does not infringe on the privacy and image rights of third parties, or on the rights of authors.

The User undertakes not to propose in public areas (e.g. chat rooms or forums) sites or links, messages, images, texts, videos, sounds or animations or programs that could harm the image of the Site and/or Bigben and/or that do not comply with French legislation.

7.2. Bigben's commitment

  • Bigben makes every effort to ensure that the Site is accessible.
  • The unavailability of the Site, whatever the cause, does not entitle the User to compensation.
  • Bigben cannot be held responsible in the event of force majeure, network and/or server malfunction, breakdowns and maintenance operations necessary for the proper functioning of the site or any other event beyond its control. Bigben cannot be held responsible for any material or immaterial damage that may result in any way from connecting to the Site.
  • The content of the Site may contain errors or inaccuracies despite Bigben's vigilance. Bigben undertakes to correct them as quickly as possible but the Site User must carry out all necessary checks and is solely responsible for the use he or she makes of the information available.

7.3 Behaviour in public spaces / contributions

In the public areas, the User is free to discuss any subject that interests him/her and this in compliance with the rules of propriety, courtesy, and respect for others.

The User agrees not to use the Services in particular to:

  • harm minors in any way;
  • transmit any content that could constitute, without the following being restrictive, incitement to commit crimes and offences; provocation to discrimination, hatred or violence on the grounds of race, ethnicity or nation; false news; rumours; undermining the authority of justice; information relating to adoption, trials, suicide, or an individual tax situation dissemination outside the authorized conditions of polls and voting simulations relating to an election or a referendum; defamation and insults; invasion of privacy; or acts endangering minors, in particular by the manufacture, transport and dissemination of messages of a violent or pornographic nature or of a nature that seriously undermines human dignity;
  • Forge headers or otherwise manipulate the identifier in order to disguise the origin of content transmitted through the Service(s);
  • transmit any unsolicited or unauthorized promotional messages (including but not limited to spam, junk mail, chain letters or any other form of solicitation);
  • transmit any message that contains computer viruses or any other code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, computer, or telecommunications equipment without limitation;
  • disrupt the normal flow of dialogue, accelerate the rate of screen scrolling so that Users of the Services are unable to follow and type their dialogue, or take any other action that has a similar disruptive effect on Users' ability to communicate in real time in chat rooms and forums;
  • interfere with or disrupt the Services and/or the Site, servers, networks connected to the Site, or refuse to comply with any requirements, procedures, general rules or regulations applicable to networks connected to the Site
  • harass in any way another User or Users
  • provide information referring to other sites (whether by the creation of hyperlinks or by the simple provision of information) whose content is likely to contravene any law or regulation in force, and in particular would be likely to infringe the rights of persons and goods, and/or intellectual property rights.
  • make statements that damage the image and reputation of the Site and/or Bigben ;
  • spread or propagate rumors.
  • use the Services for promotional purposes and generally to offer products and services that remunerate you directly or indirectly;
  • collect and store personal data relating to other Users.
    In the event of non-compliance with these rules and practices, Bigben reserves the right to delete the content or even to exclude the offender.

 

7.4 Moderation

Within the framework of its Site activity, Bigben exercises a posteriori control of the content published by Users on the Site.

Any illegal content can also be reported by any User of the site using the "report abuse" button on each content published by a User. Bigben therefore undertakes to act promptly as soon as it is aware of the illicit nature of the content in order to delete it or make it inaccessible.

  1. NAVIGATION SOFTWARE

Bigben reminds the User that the browsers used to surf the Internet can be configured to filter access and use of sites with sensitive or unsecured content, according to criteria that the User is free to define. The User can refer to the documentation of these software to set up this type of filtering. For example, the following software performs this type of function: Cyber Patrol ®, Internetwatcher ®, Symantec ®. Other software fulfilling this type of function exist on the market. This example is given as an indication only.

Bigben is in no way responsible for the use or non-use of this type of software, and does not in any way guarantee its quality, the fact that it corresponds or not to what the User expects in terms of filtering in particular, nor its results. The User is solely responsible for the acquisition, use and possible configuration of this software.

  1. INTELLECTUAL PROPERTY RIGHTS

Contents of the Sites and Services. All texts, comments, works, illustrations and images used on the pages of the Site and/or the Services are protected under the intellectual property law for France and/or for the whole world. In accordance with the provisions of the Intellectual Property Code, only use for private purposes is authorized to the exclusion of any other use, subject to different or even more restrictive provisions of the Intellectual Property Code.

Any other use, without prior authorization from Bigben and/or the other rights holders, constitutes an infringement and is punishable under intellectual property law. Any unauthorized total or partial reproduction of all or part of the elements present on the pages of the Services is strictly forbidden.

The content of the Site and Services is protected by current legislation on copyright and applicable international conventions. As the owner of its databases, Bigben has the right to prohibit any third party from extracting, by permanent or temporary transfer, all or a qualitatively or quantitatively substantial part of the content of a database onto another medium, by any means and in any form whatsoever, as well as from reusing, by making available to the public, all or a qualitatively or quantitatively substantial part of the content of the database, in whatever form. The User is authorized to use the Site, its Services and its content exclusively for personal and non-commercial purposes. You may only consult the Site and use the Services and print pages or sections for your personal use.

Personal contributions of Users. The User declares and certifies that he/she is the owner or holder of the necessary rights and/or authorizations relating to copyright or other intellectual and/or industrial property rights that may be attached to his/her contribution and that he/she has the prior written authorization of each physical person identifiable in his/her contribution to use their name and/or image and/or voice for the purposes of their publication on the Site and/or within the Services.
In this respect, the User grants Bigben the right, without restriction, to reproduce, copy, transfer, modify, republish, communicate, distribute and, more generally, to exploit the content and/or contribution that he/she provides by any means of communication whatsoever, and on any medium, known or unknown to date, including, without this list being restrictive, through discussion forums, downloading of files and data entry

Any introduction of data on the Site, by any process whatsoever, which would modify or which would be likely to modify the contents or the appearance of the data, the presentation or the organization of the Site or the works appearing on the Site is strictly prohibited.

With regard to any content that you decide to transmit by any means to the Site, regardless of the Service used to do so, you grant Bigben a non-exclusive and free license to reproduce, represent, adapt and translate all or part of your content and/or contribution, exclusively with a view to promoting Bigben's activities and/or the Site. This license is granted for the entire world, for all uses on all media and by all distribution processes known or unknown at this time. This license is granted for the entire world for a period of 5 years from the date the content or contribution is put online.

  1. WARRANTIES and LIMITATIONS OF LIABILITY

The use of the Site, its Services and any element or information obtained through it is the responsibility of the User.

The User acknowledges and accepts that the Site offers content that is accessible according to the quality of the Internet network. In particular, Bigben does not provide any express or implicit guarantee concerning the quality and compatibility of the Site for the specific uses you make of it, and Bigben will use its best efforts to maintain the Site and/or the Service in an operational state.

Bigben makes every effort to keep the Site and Services accessible 7 days a week, 24 hours a day, but is under no obligation to do so.

Bigben may therefore interrupt access, in particular for maintenance and upgrading reasons. Access may also be interrupted for any other reason, particularly technical, without any obligation on the part of Bigben to provide prior information. Bigben is in no way responsible for these interruptions and the consequences that may result for users or any third parties. Bigben informs you that it does not make any commitment concerning the performance and modifications of the Services which may occur, particularly given the quality of the Internet network and/or technical configurations.

The Services allowing the Users to bring Contents do not concern the editorial activity of the Editor who only makes the Services available to the Users and stores the contents on his own Site. Thus the published Contents could not be considered as reflecting the opinions of the Editor of the Site but engage their only author.

Bigben cannot be held liable for content and/or contributions made by Users if it was not aware of the content before it was put online or if, as soon as it became aware of it, it acted promptly to remove the message.

Whatever means of control it may have implemented, it is understood that due to the volume of information published, Bigben is not subject to a general obligation to monitor the information it stores, nor to a general obligation to look for facts or circumstances revealing illicit activities, nor to an obligation to guarantee the accuracy, probity or honesty of the information published by Users.

Bigben reserves the right to insert or authorize any third party to insert advertising, promotional and/or sponsorship messages in any area of the Site and Services, but without any intervention in the contents. These spaces are independent of the contents themselves and may not under any circumstances call into question Bigben's responsibility.

Bigben cannot be held responsible for any direct or indirect damage, including in particular loss of profits, customers, data or any other loss of intangible property, loss of earnings or any other loss or damage which may arise from the use of the Site or, on the contrary, from the impossibility of accessing the Site, even if Bigben has been informed of the potential for such damage. In the event that Bigben is held liable following a breach of one of its obligations under these General Terms of Use, compensation will only apply to direct, personal and certain damages, to the express exclusion of compensation for all indirect and immaterial damages, such as financial damages, commercial damages, loss of business and turnover, and loss of data.

  1. MISCELLANEOUS

If one or more provisions of the General Terms of Use are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other provisions shall retain all their force and scope.

Bigben will replace the clause declared null and void with a clause that is as close as possible to the content of the clause that was initially cancelled.

  1. CONTACT

contact@bigbenweek.fr

  1. ATTRIBUTION OF COMPETENCE

The present GTU are governed by French law. They are written in French. In the event that they are translated into one or more languages, only the French text will be deemed authentic in the event of a dispute. All disputes to which the GCU could give rise, concerning their validity, interpretation, execution or termination, their consequences and their consequences will be submitted to the courts of Paris.

06/03/2020