Terms and conditions of use

Any User shall prior to any use of the site http://www.seeknsolve.com read carefully and accept the present terms and conditions in full.

The present TCU are available in French and English in order to facilitate their comprehension. Both versions are equally binding. In case of any inconsistency between both versions, the French version shall prevail.

The terms defined hereinafter beginning with a capital letter, have the meaning assigned to them in Article 1. They form part of it.

The General Rules and the Specific Agreement of each Challenge govern the participation in the Challenges. The Solvers will be asked to subscribe to it and accept its terms and conditions when they register online. Seekers and Solvers have each a space on the Site and shall create a User Account in order to submit either Challenge or Submissions.

The Terms and Conditions of Use (“TCU”) aim to define the conditions of use of the Site, in particular the rights and obligations of the User. The TCU have a contractual value. By clicking « I agree » or « Connect yourself », the User accepts to use the Site pursuant to its terms and becomes « User » of the Service.

Each User will have to accept the TCU, when opening a User Account, when creating a Challenge or when uploading a Submission.

The Platform reserves the right to modify anytime and without delay the terms of the TCU and the access to the Site. The sole and authoritative version of the TCU is the French version available online on the Site, which the User considers and accepts without restriction.

1. Definitions

Challenge

Means any call for Submissions on the Site and organized by the Platform on behalf of a Seeker. Solvers may register individually or by team to answer to it by presenting their Submissions. Each Challenge is governed by a Specific Agreement, which contains the rules applicable to each Challenge.

User Account

Means a personal account opened by a User on the Site which complies with the requirements referred to in article 2

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TCU

Means the present terms and conditions of use of the Site applicable to Solvers as well as Seekers

Submissions

Means the documents uploaded by Solvers in response to Challenges, which are posted on the Site.

Platform

Means Rest innovations, a French société par actions simplifiée, a company incorporated under the laws of France, registered under the number 798 995 940 with the registrar of companies in Nanterre, and having its registered office in 49 rue de Sèvres, 92100 in Boulogne, in charge of the administration of the Site and the organization of the Challenge; or any company controlled by Rest Innovations which holds more than 50% of the outstanding voting stock or other equity.

General Rules

Means the General Rules which contain the rules for participation in the Challenges.

Specific Agreement

Means the document containing the rules applicable to a specific Challenge and accepted by the Solver before participating in the Challenge. The Specific Agreement is complementary to the General Rules. In case of inconstancies or contradiction between both documents, the Specific Agreement shall prevail.

Seeker

Means any company that has created a personal account on the Site and has submitted a Challenge to Solvers.

Service

Means the services provided by the Platform to the Users on the Site.

Site

Means the website Seeknsolve.fr developed and set up by the Platform in order to host the Challenges and the Submissions on Internet and mobile telephone networks.

Solver

Means a User, a natural or legal person, which has created a personal account on the Site, has participated in the Challenge and has posted a Submission.

User

Means an individual or legal entity that has created a User Account on the Site and has accepted the TCU

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2. Creation of a User Account

The User shall be (i) a person aged 18 years and have full legal capacity to contract (ii) or minors below 18 years but subject to emancipation. In all cases, the User commits to provide, on first demand, all supporting documentation including identity documents asked by the Platform in order to verify that the information provided is correct.

Each User must create a User Account necessary for the creation and the modification of the Challenge and for the publication of the Submissions.

A User Account requires the following information:

  • −  A valid email address;

  • −  A username;

  • −  A password;

  • −  The first name and the last name;

  • −  The sex;

  • −  The date of birth;

  • −  A mailing address and the country of residence.

    Once the registration form is completed, the user shall tick an electronic box to confirm the accuracy of the information provided.

    The information provided by any other mean shall not be accepted.
    It is strictly forbidden for any User to enter a Challenge with multiple email addresses or to use another

    person's account.
    Any User having a website (personal or professional) shall obtain a prior consent of the Platform to place

    links towards the Site.
    The Platform shall not be associated to any User using the technique of framing or inline linking. Any link

    towards the Site shall be removed immediately upon demand of the Platform.

    Any question, claim or information may be transmitted via the contact form available on the following address: http://www.seeknsolve.com

    [Lien à préciser vers la page contact]

    The Site being a website, it is accessible to anyone without restriction of territory. However, any User is responsible to check that the TCU comply with the law of the Country where is based at the moment of his connection.

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3. Personal Data

The Users may transmit personal data to the Platform via the creation of a User Account or the transmission of the registration form.

The details of the Users will be collected, data processed and used by the Platform or its providers for the management of the Challenge.

The User may modify the personal data required for the creation of the User Account, anytime.

However, in case of change of the address, username or password, the User will have to accept again the TCU. The public nature of the information shall be specified on the Site.

The username being necessarily public, it must comply with good character and shall not deal with pornography or inciting violence or racial hatred, under penalty of suspension without notice of the User Account until it conforms to the present article.

The User is strictly prohibited from sharing or disclosing his password to any third party.

He undertakes to inform the Platform on the following address: contact@seeknsolve.fr, of any unauthorized use of his User Account or of the loss, theft or unauthorized disclosure of his password or username.

The Platform may close a User Account in case the related information is not accurate, wrong, non valid or incomplete.

The Data referred to in the present article are submitted to an automatic data processing pursuant to French Data protection Act no 78-17 of 6 January1978, modified by Act no 2004-801 of 6 August 2004 and by Act n°2014-344 of 17 March 2014, ( loi relative à l’informatique, aux fichiers et aux libertés hereinafter referred to as the « Data Law »). The Platform determines the purpose and the means of the processing of personal data and acts as the controller pursuant to the Data Law.

The aim of this processing is to:

− Organize the intermediation between the Seekers submitting their Challenges and the Solvers interested in transmitting their Submissions;

Ensure the identification, the communication and the conservation of exchanges with the User; Realize anonymous market studies by the Platform or by any third party;




order to improve the ergonomic and overall customer experience on http://www.seeknsolve.com, statistical analysis and customization of participations. The Platform may be led to communicate anonymously the information of the User for the lease, the sale, or the supply of database with prior consent of the User.

Have the right to collect different personal data, including by way of collection of cookies, in

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Pursuant to the Data Law, the User is informed that the processing of personal data by the Platform is subject to a declaration made to the CNIL (French data protection authority) recorded under number 1820598 v 0.

In this respect, the Platform is committed to protect all the personal data of the persons concerned, whose data are collected and treated by the Platform as strictly confidential in accordance with the Data Law.

As such, the Platform is the controller and the recipient of the personal data collected.

In order to enable the Seeker to exercise its rights under the Specific Agreement, the Platform will disclose the personal data of the authors of the winning submissions (including the first name, last name, mailing address, number of the national identity card or passport and the date of birth) to the Seeker.

Pursuant to articles 38, 39 and 40 of the Data Law, the persons concerned may have at anytime the right to:

- Oppose to the collection and treatment of his personal data realized by the platform including their commercial exploitation;

- Oppose to the communication of his personal data to third parties;
- Access to all his personal data treated by the Platform;
- Access, rectify, update and delete his personal data treated by the platform.

To exercise their rights pursuant to the Data Law, the persons concerned may contact the Platform via the online contact form of the Site available on the following address: http://www.seeknsolve.com or by sending a registered letter with acknowledgement of receipt stating clearly their identity and the subject of their request to:

REST INNOVATIONS
49 rue de Sèvres, 92100 in Boulogne

4. Cookies Definition of a Cookie

A cookie is a text file on the hard drive of the terminal of the User (computer, mobile, phone or tablet) during the visit of the website. It aims at collecting information related to the browsing of the User and at sending him adapted services.

The browser of the User manages cookies.

When the User visits the Site, the Platform may record and store a "cookie" on the User’s computer, smartphone and tablet for the following purposes:

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- Identifying the User during each connection to the Site and facilitating his/her access to the Site; - Personalizing the interface of the User Account;
- Measuring the traffic of the Platform Services;
- Ascertaining the origin of the User.

Accept or decline a cookie

User can decline to accept the Cookie by setting the browser to notify when the Cookie is received following instructions hereinafter and being aware that the refusal may affect the use of the Site:

Windows Internet Explorer 10 and Windows Internet Explorer 11

  • −  Click on the "Tools" menu and select "Internet Options".

  • −  Open the "Privacy" tab.

  • −  In the "Settings" area - to disable cookies move the slider bar to "Block All Cookies" (at the top).

  • −  Click OK.

    Firefox

  • −  Click on the Firefox button (“Tools” menu in Windows XP) and then click “Options”

  • −  Select the “Privacy panel” 3. Set “Firefox will”: to “Use custom settings for history”

  • −  Check mark “Accept cookies from sites” to enable Cookies, and uncheck it to disable them.

  • −  Choose how long cookies are allowed to be stored: Keep until “they expire” or “I close Firefox” or

    “ask me every time”

  • −  Click OK to close the Options window

    Safari :

  • −  Select "Preferences" from the Safari menu.

  • −  Under the "Security" tab, select "Show Cookies".

  • −  Select "Remove All". Alternatively, if you only wish to delete a select group of cookies, highlight

    them and select "Remove".

  • −  Read the confirmation message and click "Remove". Your cookies are now deleted.

    Google Chrome

    − Click on the "Tools" menu and select "Options".
    − Click the "Under the Bonnet" tab and locate the "Privacy" section, and choose the "Content

    settings" button.
    − Click the "Cookie settings" tab and choose your preferred settings.

    Click on the Close button when you've finished.

    5. Liability

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The User (any individual or legal entity) acknowledges that he has read and accepted these terms and conditions of Use and that he has the skills to browse on the Site.

The username and password are placed under his exclusive responsibility it being understood that they may not infringe the public order. It is understood that the responsibility of the Platform may not be incurred to the User including in the situation where he could not enter the Challenge as a result of dysfunctions related to the characteristics of the Internet. In this case, the User shall not be entitled to any compensation of any kind.

The participation via Internet implies the knowledge and the acceptation of its characteristics and its limits, including its technical performance, the response time for consulting, examining or transferring information.

The absence of protection of certain data against possible misuse and risk of contamination by any viruses circulating on the network may in no way cause any liability of the Platform. In particular, the Platform shall not be held liable for any incident occurred that has caused damage to the User during its participation in the Challenge, such as loss of data or non-receipt of its participation by email.

In case of force majeure as defined by the French case law, or any fortuitous event, the Platform reserves the right to modify, shorten, extend, suspend and/or cancel the Challenge before the end of the participation period. To the extent possible, these changes will be announced by appropriate means.

The Platform shall not be held liable for any issue, complaint, opposition, claim, or damage related to (i) the use of the Site by a User or any other third party (ii) any breach of the TCU by a User, or (iii) related to the negotiation, completion or execution of any contract, regardless of its nature, that a User may enter into without the Platform being a party thereto.

The Platform shall be liable solely for any direct damages caused on account of a fault committed within the scope of the Agreement. In no event the Platform shall be liable for indirect damages such as revenue loss, date loss, customer loss, financial or commercial damages, commercial troubles, loss of earnings, or immaterial damage.

6. Information posted by the Users on the Site

The Users undertake not to post on the Site illicit content of any nature or any kind:

  • which is an infringement of rights of third parties (including intellectual property right);

  • which constitutes justification of crimes against humanity or war crimes, Nazism, justification of other crimes, offences or fines, a denial of the existence of crimes against humanity or known acts of

    genocide; a violation of human dignity;

  • which encourages to commit fines, offences or crimes of any kind whatsoever including terrorist acts;

  • which is violent or pornographic, pedophilic or likely to violate a minor's right;

  • which is a breach of public order or decency;

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  • which is defamatory, libelous, or insulting of or to any individual or legal entity;

  • Which is unsolicited or unauthorized promotional message

  • Which involves acts of counterfeit, unfair competition or parasitism;

  • which is racist, xenophobic, a denial or likely to damage anyone's reputation, which provokes

    discrimination, hatred or violence vis-à-vis an individual or group of individuals on account of their origin, sex, family situation, physical appearance, family name, health, disability, genetic characteristics, morals, actual or assumed sexual tendencies, age, political opinions, union activities, actual or assumed adherence to an ethnic group, nation, race or religion;

  • which is an invasion of privacy or which breaches privacy or any right of publicity;

  • which enable a third party to obtain, directly or indirectly pirated software, which contains any virus, worm, Trojan horse or any computer file or program that is liable to interrupt, totally or partially destroy or restrict the functions of any computer or IT network that has any (distant or close) relation

    with the Platform’s activities;

  • which endangers the security of persons and property;

  • which breaches confidentiality of private correspondence;

    and more generally not complying with the laws and regulations in force.

7. Intellectual Property of the Platform

French and international legislation on copyright and intellectual property apply to the entire site and its entire content. All graphics, elements and other information available on the Site, belong to the Platform. Any right of distribution, modification or reproduction are reserved and require the consent of the Platform.

8. Termination

The Platform may at its discretion terminate the present agreement, in whole or in part, as from the effective date hereof, without prejudice to any damages that may be owed to it by the User if the User breaches any one of its obligations hereunder if a formal notice to remedy such breach sent to the User by e-mail remains without effect for ten (10) calendar days.

The User may terminate the present agreement at any time after it has come into effect by giving notice of termination to the Platform through the online contact form.

The User acknowledges that the termination of this agreement shall not call into question the authorizations, licenses, and assignments granted when participating in the Challenge, and more globally any contracts concluded within the scope of the Service prior to the termination of this agreement.

9. General provisions

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The Parties remain independent. No subordinate relationship exists between the Platform and the Users.

In the event either party fails to rely on a breach by the other party of any of its obligations hereunder, it shall not be deemed to have waived the obligation at issue. Such waiver being effective only where expressly declared.

If any substantive provision shall be held to be invalid or non-existent, in whole or in part, by virtue of a statutory or regulatory provision or final court order, the other provisions hereof shall remain in force and shall remain fully binding on the parties.

Provisions that closely match the content of the ones initially adopted will then replace the provisions declared void or invalid.

In case of conflict between the General Rules and the Specific Agreement, the Specific Agreement shall prevail.

If a condition were defaulting, it would be considered as governed by currently prevailing practices in the sector of intermediation platforms pursuant to French law.

10. Voluntary settlement of disputes

In the event a problem arises in connection with the performance of the TCU, the parties agree to attempt to settle the matter out of court.

In this respect, the party that wishes to implement the voluntary conciliation procedure shall by, registered letter with proof of delivery, notify the other party, of its intention to do so and specify the problems that have arisen.

Throughout the duration of the problem, the parties agree that the continued provision of the services provided for herein shall be the most important consideration.

If the parties fail to reach an agreement within fifteen (15) days, the parties shall recover all of their rights.

11. Applicable law and jurisdiction

Subject to public policy provisions, French law governs the present CTU and any dispute or conflict which arises in connection with the TCU, will be brought before the courts of Nanterre (France).

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