COMPETITION REGULATIONS AND TERMS & CONDITIONS

Prior to using or publishing any file to the site Users must accept the following Competition Regulations and Terms & Conditions.

The site is the property of AGORIZE SAS, a simplified joint-stock company with capital of €71,146, registered with the Paris Trade and Companies Register under no. 530 774 439, having its registered offices at 34 rue du Faubourg Saint Antoine, 75012 Paris, France (hereinafter ”AGORIZE”).

All Users confirm that they have the capacity to contract. Dependent minors confirm that they have received authorization from their legal guardians.

ARTICLE 1 - DEFINITIONS

These Competition Regulations and Terms & Conditions use a number of terms that appear with an initial capital letter. These terms have the meaning given in this paragraph entitled ”Definitions”.

These definitions also apply to the foreword above.

The term ”Brief” refers to the specifications set out by the Partner Company. It contains information such as deadlines, the requirements of the Partner Company, etc.

The term ”Challenge” refers to any request for proposals commissioned by a Partner Company. Users register to respond to requests for proposals by submitting their Deliverables. Each Challenge is governed by a set of Specific Regulations, which contains the rules applicable to the Challenge.

The term ”Community” refers to all Users of the Website.

The term ”Competition” refers to any company competition aimed at users that is advertised to them by AGORIZE. Each Competition is governed by a set of Specific Regulations, which contains the rules applicable to the Competition.

The term ”Competition Regulations and Terms & Conditions” or ”CRTCs” refers to the present document.

The term ”Deliverables” refers to the documents Uploaded by Users in response to Challenges or Competitions.

The term ”Partner Company” refers to any company that submits a Challenge or a Competition to Users.

The term ”Service” refers to the service offered by AGORIZE via its website and described in Article 5 of this document.

The term ”Specific Regulations” refers to the document that sets out the rules applicable to a particular Challenge or Competition and is accepted by Users prior to their participation in the said Challenge or Competition. The Specific Regulations supplement the rules set out in these Competition Regulations and Terms & Conditions. In the event of discrepancies or contradictions between the provisions of the two documents, the Specific Regulations prevail.

The term ”Upload” refers to the act of transferring a file from a User's computer to the host of the Website.

The term ”User” refers to a web user who has opened and uses an active account on the Website in order to take part in Challenges.

The term “Website” refers to the current website where the Competition Regulations and Terms & Conditions are hosted

ARTICLE 2 – PURPOSE

The purpose of these Competition Regulations and Terms & Conditions is to set out the rights and obligations of Users of the Website.

Before registering on the site or for the Service offered by AGORIZE, the User must accept, without reserve and in accordance with the conditions of Article 3, these Competition Regulations and Terms & Conditions.

After the User's registration, each subsequent use of the site and the Service offered by AGORIZE implies the User's continued acceptance as expressed during registration.

Should the User not agree or retract his/her acceptance, he/she shall cease using the site and the Service offered by AGORIZE.

ARTICLE 3 – ACCEPTANCE OF THE CRTCs

To accept the present Competition Regulations and Terms & Conditions, the User must electronically tick the following box:

”I have read and unreservedly accept the Competition Regulations and Terms & Conditions of the Website”.

The User recognizes that by electronically ticking the aforementioned box, he/she makes a contractual commitment to comply with the CRTCs.

AGORIZE draws Users' attention to the importance of carefully reading the CRTCs in full before confirming their unconditional acceptance or before refusing to accept them in their entirety.

The CRTCs are available in PDF format on the Website so that Users or potential Users may read them and refer to them at any time.

ARTICLE 4 – MODIFICATIONS TO THE CRTCs

AGORIZE reserves the right to the extent permitted by law to modify the CRTCs at any time without notifying Users and without prior warning.

However, AGORIZE will attempt to notify Users of modifications to the present document via email.

Whenever the CRTCs are modified, the amended terms are applicable upon their publication on the site.

Each use of the site is therefore subject to the CRTCs in force at that time.

ARTICLE 5 – DESCRIPTION OF THE SERVICE

Agorize offers an intermediation service between Partner Companies looking for talented individuals to recruit and innovative recommendations, and Users who are ready to submit their Deliverables.

To this end, Partner Companies, via the site hosted by Agorize, propose one or several Challenges or Competitions by publishing their Brief and the deadline by which Deliverables must be submitted.

After the deadline, the Partner Company assesses all the Deliverables and independently decides, in accordance with its own criteria, on the winner(s) of the request for proposals.

These criteria are based entirely on the Users' abilities, i.e. their insight, their skill and their ingenuity; in no way are any of the criteria based on chance.

The Partner Company is the sole jury involved in determining the results, and its decision is final.

In no way may elimination constitute prejudicial action.

The Website is accessible from anywhere in the world where there is a sufficient connection. However, it is the responsibility of each User to verify that these CRTCs are compatible with the laws of the country in which the User is located at the time of connection. In the event that they are found to be incompatible, the User must not continue to use the Website.

ARTICLE 6 – MODIFICATIONS TO THE SERVICE

AGORIZE reserves the right to modify, suspend or interrupt the Service at any time.

Any such modification, suspension or interruption may be carried out without warning, notification or compensation being required.

ARTICLE 7 – OPENING A USER ACCOUNT

To submit a Deliverable as part of his/her involvement in a Challenge or Competition, the User must have a user account.

Opening this account requires the User's unreserved acceptance of the present CRTCs in the manner set out in Article 3.

To open an account, the User must provide the following information:

  • a valid email address;
  • a password;
  • his/her forename and surname;

This information may be altered by the User at any time. Whenever the User changes his/her address, username or password, he/she must agree to the CRTCs once again.

Details of which information is mandatory and which is public are shown on the site.

As a username is necessarily public, the User must choose a username that complies with public decency. In no case may any username be linked to pornography or incite violence or racial hatred, under penalty of suspension of the User's account without warning until the username has been changed to comply with the aforementioned requirement.

Only one User may be identified via a particular email address, username and password.

The User may not divulge or share his/her password with any third party. In the event of any unauthorized use of his/her user account or the loss, theft or unauthorized disclosure of his/her password or username, the User undertakes to inform AGORIZE at contact@agorize.com.

The User undertakes to ensure that all information regarding himself/herself is correct, up-to-date and complete. AGORIZE reserves the right to close an account if it includes inaccurate, false, invalid or incomplete information.

The User can cancel his/her registration at any time by contacting AGORIZE at the following address: contact@agorize.com.

The data covered by this Article is subject to automatic processing in the sense of French law no. 78-17 of 6 January 1978. AGORIZE is the only party to determine the means and purposes of this data processing and is therefore the data controller in the sense of the aforementioned law.

The information is processed in order that:

  • AGORIZE may act as an intermediary between Partner Companies offering Challenges, or Competitions, and Users interested in these offerings;
  • AGORIZE may identify, communicate with and retain discussions with the User;
  • AGORIZE or a third party may carry out anonymous market surveys.

The recipients of personal data collected by AGORIZE are AGORIZE and the Partner Companies.

In accordance with the provisions of French law no. 78-17 of 6 January 1978, the User is informed that the processing of personal data performed by AGORIZE has been declared to the French Commission Nationale de l'Informatique et des Libertés (the French data protection authority), registered under number 1856312.

As such, AGORIZE is required to protect all personal data regarding those concerned; said data is collected and processed by AGORIZE in the strictest confidentiality in accordance with the law of 6 January 1978.

In accordance with the provisions of articles 38, 39 and 40 of French law no. 78-17 of 6 January 1978, the individuals concerned have the right at any time to:

  • object to the collection and processing of their personal data by AGORIZE;
  • object to the disclosure of this data to third parties;
  • access all of their personal data that is processed by AGORIZE;
  • correct, update and remove their personal data that is processed by AGORIZE.

To exercise their rights as set out in French law no. 78-17 of 6 January 1978, concerned parties must send a registered letter with acknowledgement of receipt, clearly stating their identity and the subject of their request, to:

AGORIZE

34 rue du Faubourg Saint Antoine

75012 Paris, France.

ARTICLE 8 – PUBLICATION OF DELIVERABLES

If the User has created a user account in accordance with Article 3 and has unreservedly agreed to the CRTCs, he/she is able to Upload his/her Deliverable during a Challenge or Competition on the condition that he/she complies with the applicable Specific Regulations.

The format in which the Deliverable shall be delivered (e.g. JPEG, PNG, PDF, etc.) depends on the Challenge or Competition, and is specified in the Brief provided by the Partner Company.

The User is required to comply with the stated format; otherwise, his/her Deliverable will be refused.

Only one copy of the Deliverable is to be submitted, and the User shall retain the original of his/her Deliverable.

The Deliverables submitted by Users during a Challenge or Competition are hidden (not visible on the site, known only to the Partner Company and the AGORIZE administration team until the results are published) or public, depending on the wishes of the Partner Company. By default, the Deliverables submitted will be hidden unless specifically stipulated in the applicable Specific Regulations.

ARTICLE 9 - COMMUNICATIONS

By default, the User will receive emails from AGORIZE when:

  • a new Challenge or Competition that matches the User's education opens on the Webiste;
  • a registered Website member sends the User a message;
  • an Website member wants to invite the User to join his/her team;
  • an Website member wants to join the team of which the User is captain;
  • an Website member has left one of the teams of which the User is captain;
  • an Website member has accepted an invitation to join the team of which the User is captain;
  • the User has been accepted onto a team.

The User may change his/her email notification settings via his/her profile.

ARTICLE 10 – THE USER'S GUARANTEE

The User undertakes to ensure that the contents of the Deliverable that he/she Uploads to the Website comply with applicable laws and regulations.

The User also undertakes to ensure that the content of his/her Deliverable, irrespective of its nature or form:

  • Does not constitute a justification of crimes against humanity or war crimes, Nazism, or other crimes or offences, or a denial of the existence of recognized crimes against humanity or genocides, or infringe upon human dignity;
  • Does not constitute content of a violent, pornographic or paedophilic nature, or that may cause harm to minors, or, more generally, that may represent an affront to public order or public decency;
  • Does not incite discrimination, hatred or violence towards a person or group of people because of their origin, sex, marital status, physical appearance, surname, health, disability, genetic characteristics, customs, actual or alleged sexual orientation, age, political opinions, trade union activities, or actual or alleged membership of a specific ethnicity, nation, race or religion;
  • Does not constitute content of a racist, xenophobic or revisionist nature or that inflicts damage on another person's honour or reputation;
  • Does not constitute defamatory, injurious, false or slanderous remarks about another party, whether a natural or legal person;
  • Does not constitute an act of forgery, unfair competition or parasitical competition;
  • Does not infringe on the privacy or image rights of others;
  • Does not contain viruses, worms, Trojan horses or any computer file or program that could interrupt, destroy or limit the functioning of any computer or computer network linked directly or indirectly to AGORIZE's activities;
  • Does not directly or indirectly allow a third party to obtain pirated software, software that enables acts of hacking and intrusion into computer and telecommunications systems, viruses and other logic bombs and, generally, any software or other element that may enable the rights of others and the security of people and property to be infringed;
  • Does not violate the principle of confidentiality of correspondence.

Furthermore, the User undertakes to ensure that all information transmitted as part of his/her Deliverable is as accurate, reliable and complete as possible.

The User guarantees that he/she is the owner or authorized user of the intellectual property contained in his/her Deliverable and that as such:

The User is not required to transfer his/her rights over the Deliverable to a third party due to a working relationship or a contract of employment with an employer or due to any contractual relationship with a third party;

The User has obtained prior written agreement from his/her employer or co-contracting party before submitting his/her Deliverable in the event that he/she is linked through a contract or employment contract or an employment relationship that would prevent the User from transferring his/her rights regarding the content of the Deliverable.

At the time of Uploading each Deliverable and throughout the entire duration of its availability on the Website, the User guarantees that the content of the Deliverable does not contravene the guarantees set out in this Article.

As such, the User undertakes to renew this guarantee to AGORIZE at the time of every Upload of a Deliverable to the Website.

AGORIZE reserves the right to withdraw or suspend access to any content that may violate applicable laws or regulations or contravene the guarantees made in this Article.

ARTICLE 11 – ACCOUNT SUSPENSION

In the event of direct or indirect violation of the CRTCs, AGORIZE retains the right to temporarily or permanently suspend the User's personal account at any time.

This right will be exercised at AGORIZE's discretion without compensation or warning.

ARTICLE 12 – EXCLUSION OF LIABILITY

AGORIZE may not in any circumstance be held liable:

  • for the content of the Deliverable hosted on its website;
  • for the use, including misuse or fraudulent use, of the Deliverable;
  • for the User's lack of success in a Challenge or Competition;
  • for any damage caused to the User by Partner Companies;
  • for any indirect damage such as financial loss, loss of business or moral damage that the User may suffer or that a third party may cause to the User;
  • for the content of sites accessible via hyperlinks posted by Users or of advertising sites that are promoted via links on the site;
  • for any difficulties the User encounters when (i) publishing a Deliverable, (ii) viewing or Uploading the Deliverable, (iii) logging in to the site.

ARTICLE 13 – FORCE MAJEURE

Neither party will be held liable in the event that the execution of its obligations is delayed, restricted or rendered impossible due to cases of force majeure as defined in French law, or in the event of an unforeseen event (hereinafter ”Force Majeure”).

The situations included in the following non-exhaustive list are considered to be Force Majeure: acts of state, war (declared or otherwise), terrorism, invasion, rebellion, embargo, sabotage, vandalism, total or partial strikes not related to the parties, social conflict not related to the parties, civil unrest, weather conditions, natural disaster, fire, epidemic, blockage of transport or supply, including of energy, failure in the supply of electrical energy, heating, air conditioning, telecommunications networks, or data transfer, and satellite failure.

Should a Force Majeure event arise, the parties' obligations are suspended.

ARTICLE 14 – TERMINATION

From the time at which the CRTCs between AGORIZE and the User enter into force, AGORIZE may terminate the present contract in part or in whole in the following situations:

  • If the User fails to comply with any obligation set out in the present CRTCs and the User has not remedied the situation within eight (8) calendar days from reception of an email or registered letter informing him or her of the failure.
  • In the event that receivership or liquidation proceedings are instituted against the User, subject to the legal and regulatory provisions in force and in particular to the ability of the User's agent to request that the contract be executed.

The User may terminate the CRTCs at any time by sending an email to AGORIZE. This termination takes effect three (3) months after the termination request is sent in accordance with this clause.

Regardless of which party initiates the termination, AGORIZE will retain the right to store information and data relating to the User in accordance with the legal provisions regarding the retention period for such data.

ARTICLE 15 - COOKIES

The Website may install the following cookies on your computer:

  • [Identification cookie] to identify the user to facilitate access to the site.
  • [Customization cookie] to customize the user interface.
  • [Language cookie] to save the user's language and time zone preferences.
  • [Affiliate cookie] to identify the origin of the user on our affiliate and partner sites.

A cookie is a file installed on your computer by the site to obtain information, including on your navigation, for the purposes described above.

This information is stored for 6 months, and is not used for purposes other than those mentioned above nor transferred to third parties.

Please note that you can be warned of cookies, block the installation of cookies, and delete existing cookies by configuring your browser appropriately. AGORIZE recommends that you consult the user manual for your browser.

In accordance with the provisions of articles 38, 39 and 40 of French law no. 78-17 of 6 January 1978, you are informed that you have the right at any time to:

  • object to the installation of these cookies and to the collection and processing of personal data that they carry;
  • access all of your personal data collected by these cookies;
  • correct, update and delete your personal data collected by these cookies.

To exercise these rights, you must send a registered letter with acknowledgement of receipt, clearly stating your identity and the subject of your request, to:

AGORIZE

34 rue du Faubourg Saint Antoine

75012 Paris, France.

ARTICLE 16 – MISCELLANEOUS

The contracting parties remain independent. The parties to the contract are not engaged in any kind of subordinate relationship.

The fact that either party does not exercise any of its rights under the present CRTCs will in no way be considered a waiver of that right, as such a waiver is only possible with the express declaration of the concerned party.

Should one or more clauses of the CRTCs be held to be invalid by a competent jurisdiction, the other clauses will continue in full force and effect and any clause that is held to be invalid will be replaced by a clause that is as close as legally possible to the clause judged invalid.

These CRTCs were written in French; in the event of any discrepancies between the French version and any other language version, the French version prevails.

ARTICLE 17 – APPLICABLE LAW

The present Competition Regulations and Terms & Conditions are governed by French law.

ARTICLE 18 – PRIOR CONCILIATION

In the event that difficulties arise with the execution of this contract, the parties undertake to submit their dispute to an amicable conciliation procedure before making any attempt to terminate or rescind the contract or initiate legal proceedings.

The party wishing to initiate such a procedure shall inform the other party through a registered letter with acknowledgement of receipt in which the sending party shall explain its intentions and specify the reasons.

During the resolution of the dispute, the parties agree that the continued provision of the services provided for in the CRTCs will prevail.

If the parties fail to reach an agreement within fifteen (15) days following the receipt of the registered letter, the parties are free to take action as they see fit.

ARTICLE 19 – DATA PROTECTION

In accordance with the French Data Protection Act, law no. 78-17 of 6 January 1978, you have the right to access and rectify personal data relating to you. You may also object free of charge to the use of your personal data for marketing purposes. To exercise these rights, send your request to

Agorize,

34 rue du Faubourg Saint Antoine

75012 Paris, France.

Agorize also confirms that it is in compliance with this law, no. 78-17 of 6 January 1978, modified by law no. 2004-801 of 6 August 2004, and is registered under declaration no. 1856312 v 0 of 30 April 2015.