Terms of Use and Sale

Updated on August 6th, 2018

    I.        Preamble

The terms of use of the Services (or Conditions, or provisions) contain important information about your legal rights, appeals and obligations. When the terms use the word “Digitevent”, “we”, “our” or “ours, they are referring to the Digitevent SAS (11 Petites Ecuries Street, 75010 Paris, Identification number: 798 034 344), to its affiliated and subsidiary companies, and also to its directors, administrators, agents, partners and employees.

The terms refer also to the Privacy Policy, to the Legal Notice, to the Cookies policy of Digitevent. By accepting those conditions, you admit having read and accepted the Privacy Policy and the Declaration related to the applicable cookies to all users, available on our website www.digitevent.com.

By accessing or using Digitevent Services (including browsing on a Digitevent “website”), you agree to comply and to be bound by those terms, which are applicable to you. They form a legal compelling agreement between you and Digitevent, regulating your access and use of the Services and defining your rights and responsibilities when you use the Services. If you didn’t accept them, please do not use or access the Services. If you are using the Services under the name of an entity, you are accepting the hereby terms under the name of this entity and its affiliated companies and declare having the authority to do so. In this case, “you” and “your” refer to the entity and to you personally.

By ”Organizer”, we mean the events creators that use Digitevent in order to create events for the Participants (or the Guests) using our Services, for example in order to gather information to participate to Events. The Organizers, the Participants and Third parties that are using our Services are collectively designed in these hereby Terms as “Users”.

The Users acknowledge being completely informed that their agreement to the content of the hereby terms doesn’t need a handwritten signature of this document.

  II.        What we do

The Services of Digitevent provide the Organizers with a way of managing Website pages related to their events, promoting their events pages to the visitors, generating tickets and registration online or on the site, and soliciting payment from Participants or other Users. The Services also allow to manage the access control to the events (check-in, digital signatures, badges printing etc…)

Digitevent is not the creator, nor the producer, nor the organizer of the events managed and listed on the Services. On the contrary, Digitevent provides its Services, which allow the Organizers to manage their events.

 

III.        Private Life and Confidentiality

The information provided to Digitevent are managed by our confidentiality Policy https://www.digitevent.com/en/privacy/. If you are an Organizer, you are guaranteeing and accepting to comply anytime with all the laws, rules and regulations concerning the information that you collect (or receive) about the Participants or Guests.

 

IV.        Duration/ Cancellation

Digitevent can cancel your right to use all or part of the Services at any time (a) If you violate these Terms; (b) if you abuse or misuse some Services, or use the Services in a non-predicted way; or (c) if the fact of allowing you to access the Services or use them would violate the laws, the rules or the regulations. We will be making appropriate efforts in order to inform you about the cancellation of your access to the Services.

 

Digitevent can stop offering the whole or part of the Services, or modify or replace any aspect of the Service at any time. You are agreeing that Digitevent has no responsibility towards you or any third party in case of the cancellation of your right of use or access to our Services.

 

If you are an Organizer, you can cancel your access to the Services and the general compliance to the Terms by asking for the deletion of your account.

 

If you are a Participant, your only option that will make the Terms no more relevant is to stop indefinitely the access to the Services. As long as you are continuing to access the Services, even without an account, the hereby Terms are still applying. If there is a distinct Agreement between you and Digitevent, regulating your use of the Services, and it is expired or canceled, the Terms will regulate your use of the Services after the cancellation or expiry. All the Terms provisions, that must subsist after the termination of the Terms, because of their nature, will subsist.

 

  V.        Release and Indemnity

Exemption. You are agreeing by the hereby terms to exempt Digitevent of any (direct, indirect, subsidiary, consecutive or other) damages, losses, responsibilities, costs or expenses of any nature, known or unknown, resulting of a conflict between you and a third party (including other Users) related to the Services or any other event listed on the Services. Furthermore, you are giving up on any applicable law or legislation which states: «A general exemption will not expand to complaints that the exempting party doesn’t know of or doesn’t suspect of existing in her favor, that, if it was known by her, would have affected materially its regulation with the exonerated party”.

 

Release. You accept to defend, compensate and to not hold Digitevent and each one of its executives, administrators, agents, Licensors, or other partners and employees, responsible of any ( direct, indirect, subsidiary, consecutive or other) damage, lost, responsibility, cost or fees (including, but not limited to, appropriate lawyer or accounting fees) resulting of any complaint, demand or legal pursuit, proceeding (in the court, mediator, or other) or any investigation conducted by a third party related to or resulting of: (a) your violation of the Terms (including the policies incorporated within those Terms) ; (b) your use of the Services while violating the Terms or other policies that we are publishing; (c) your violation of any law, rule or regulation or other applicable or the rights of a third party. Digitevent will inform you of any complaint, as long as the defect or delay of Digitevent to provide such notice doesn’t limit your obligations regarding the hereby provisions, except in the case where you are seriously hurt by such violation. Furthermore, in some circumstances, Digitevent can choose to manage this operation, in this case you are agreeing to cooperate with Digitevent by every way possible.

 

VI.        Warranty disclaimer and limitation of liability

To the extent permitted by the applicable laws, the Services are provided “according to their current state” and “to their availability”. Digitevent commit to make the best efforts in order to make the service accessible and operational 7 days a week and 24 hours a day but decline expressly any explicit or implicit warranty, including, but not limited to, the implicit warranty of the merchantability, titles, non-infringement and adequacy of any specific use. For example, Digitevent doesn’t guarantee that (a) all or part of the Services will reach your requirements or expectations; (b) the Services will be uninterrupted, appropriate, secured or without errors; or ‘c) the results that may be obtained by using our Services will be perfectly precise or reliable.

 

You admit that Digitevent doesn’t control nor guarantee the quality, security, preciseness, or the legality of any event or associated Content, the veracity or the preciseness of any information provided by the users (including the personal informations of the participant shared by the Organizers) or the capacity of any User to carry out or complete a transaction. Digitevent has no responsibility towards you, and decline any responsibility resulting of the acts or omissions of any third party that Digitevent requires in order to provide the Services or that the Organizer choose for assistance in connexion with an event.

The use of Digitevent won’t be held responsible for the incompatibility with the browsers that don’t respect the following criteria: a) Google Chrome or Internet Explorer (the latest version available) for the Services by the Organizer, b) Google Chrome updated exclusively for the acquaintance’s solution, (c) at least Internet Explorer 10 for the use of the Registration Services by the Participants.

You understand and accept that some events may contain an inherent risk, and by participating in those events, you are choosing to willingly accept the risks (for example: the risk of an accident).

The above clauses of non-responsibility are applied to the extent permitted by the law; you can have other statutory rights. But, the duration of the warranties required by its terms, as the case may be, will be limited to the maximum extent permitted by the law.

Digitevent and the “associated parties” to the provision (for example, an affiliated company, a supplier, a partner, or an employee) won’t be responsible towards you or a third party about your content or any indirect, consecutive, special damage, including and not limited to, the damages and interests of shortfall, goodwill, opportunity cost, intangible losses, or substitution Services costs (even if Digitevent was informed of the possibility of such damages).

Furthermore, other than the obligation of paying the license fees, the global responsibility of Digitevent and its associated parties is limited to the invoiced amounts by Digitevent for the Services causing your complaint, in the three (3) months immediately preceding the complaint. For the “Participants” or the “Guests”, this responsibility is limited to 50 (fifty) €.

Nothing within the Terms has the aim of excluding or limiting any term, guarantee, right or responsibility that can not be legally done. Only the legal responsibility limitations in your jurisdiction will be applicable to you, and our responsibility is limited to the extent permitted by the law.

Digitevent is not responsible of the non-execution or the delay of the obligations execution issued by the hereby provisions, due to the occurrence of a major case usually referred to as the jurisprudence.

 

VII.        Your Digitevent account

You are responsible for the activities that are happening in your account. You need to be at least 18 years old, or to reach the legal age or the adult age of the country where you live, in order to use the Services.

You are agreeing to provide true, precise, updated and complete information about yourself, or if you use the Services for an entity. You are agreeing to update the subscription information if they are modified.

In case of a dispute between people or entities regarding the ownership of an account, Digitevent will be the only arbitrator of this dispute and the Decision made by Digitevent (that may include the cancellation or the suspension of the account) will be final and mandatory for those parties.

If you are using the Services for an entity, you are declaring and guaranteeing that you have the power to legally bind this entity and to grant Digitevent all the approvals and licenses provided within the Terms.

If you delegate the management licensing of your event to third parties “Sub-Organizers”, you are agreeing to be the only responsible for the activities that occur under your event (including the actions of the Sub-Organizers).

You will have to maintain the confidentiality of your password and the details of your account. You are agreeing to immediately inform Digitevent of any unauthorized Use of your password, or any other security violation.

 

VIII.        Digitevent Services Licensing

We are granting the right to use our Services, which is revocable, limited, non-exclusive, non-transferable, non-susceptible of being the subject of a sublicense (except for the under-organizers) only in order to (a) browse in the Services and search, visualize, log in or purchase the tickets or to subscribe to an event, and/or (b) create an event’s subscription, an Organizer account and other Web pages in order to promote, sell, manage and collect an event revenues.

Without limiting other restrictions, limitations or prohibitions, you are agreeing not to directly or indirectly (a) copy or modify, replicate, translate, localize, or create any derivatives of the Services in any way possible; (b) not to reverse engineer, disassemble, decompile, attempt to discover the source code and the organization of any or all of the Services; (c) share or use the Services for other unexpected commercial purposes or use the Services in a unauthorized way; (d) Delete or modify any proprietary notices of the Services ; or (e) take part in any activity that is interfering or disrupting the Services.

You are agreeing that the whole content of the website can be protected by copyrights, trademarks, service’s brands, commercial secrets or other intellectual property rights and other property rights and laws. Trademarks, service marks and logos of Digitevent used and displayed are Services marks or Trademarks of Digitevent.

The content of the Digitevent Sites are not intended for your commercial use. You don’t have the right to use any Content for your own purposes. You don’t have the right, and you accept not to retrieve, explore, or use automatized ways to extract Data for our Sites or Services (either they are personal or of another nature), or to create a new set of data, or a new service, or to publish or transmit any unsolicited publicity or “spams”.

In the case where Digitevent provide you with an url of the domain digitevent.com for your event website, your right of using that event url will continue as long as your event is active on the Services and that you are in compliance with the hereby terms. If Digitevent cancels your right of using the url for any reason, we will inform you.

IX.        Licenses and Permits for the Organizers

If you are an Organizer, you are declaring and guaranteeing to us that:

a) You and your affiliated will obtain before the activation of the Event on the Service (and during the whole period of use) all the licenses, permits and authorizations about the events,

b) You and your affiliated will respect and ensure that your hosted websites are complying with the current laws, regulations and rules.

c) You and your affiliated are responsible, liberate and accept to defend Digitevent, its affiliated and subsidiary companies, and each of their respective parent company, affiliated companies, executives, representatives, and employees. (Legal people and related entities) of all direct, indirect, incidental, consecutive, losses, responsibilities, costs, including but not limited to, fees resulting of your licenses or any defect, or error in the obtention or the maintenance of the License. You are agreeing to provide a proof of the License or related information under the request of Digitevent.

  X.        Content and use

The Organizer is the only one responsible for ensuring that the event organized via the Service (and the event itself) respects the current laws, rules and regulations.

The Organizer grants Digitevent the right to advertise, in any media, for promotional and marketing purposes concerning your use of the Services. This right concerns your logo in particular, the nature of your event and anonymous data of the event (example: number of participants, used features). You can explicitly refuse to this use by writing to [email protected].

Digitevent does not claim, and you do not transfer, ownership of your Content. And nothing in the Terms restricts your rights and possibilities to use your Content outside the Services.

If we believe that the content violates our Terms, Digitevent has the right to remove all or part of the Content of Services, suspend or cancel your Digitevent Account, remove the entire event page, or take an action that Digitevent sees appropriate due to the given circumstances.

Digitevent does not tolerate in its services any organizer or content that promotes or encourages violence, harassment, unlawful, illegal, terrorist activity or that denigrates, harasses, intimidates or promotes hate towards any societal group.

In general, you are not allowed to do the following things:

  • Interfering with or interrupting the Services, servers or networks used by Digitevent,
  • Publish, transmit through, or inject on the Digitevent Services a virus, worm, Trojan horse, logic bomb, spyware, root kit, bot or any other code, file or program harmful or intended to damage or hack the operation of, or control the use of any hardware, software or equipment,
  • Access or program a technology to access the Services with a robot or a "Bot", crawling or scraping technology, or any other extraction technology (for whatever use),
  • Attempt to gain unauthorized access to the Services, other accounts, systems or networks connected to the Services, through the extraction of passwords or any other means,
  • Remove any copyright, trademark or notice of services ownership or any other support displayed by the Services,
  • Reproduce, duplicate, copy, sell, resell or use for commercial purposes, any part or any aspect of the Services.
  • Collect credit card numbers, social security numbers, financial information or any other private information that is absolutely not necessary for the management of your event and cannot be collected by other alternative methods,
  • Download or distribute content if you do not have the right to transmit it by law or by a contractual or fiduciary way. This includes, but not limited to, exclusive, confidential informations, logos, images, videos, and texts on your event page

XI.        Responsibility for the provided equipment

In the context of access control to the event, Digitevent may provide the Organizer with tablets, smart phones, computers or other digital equipment.

The Organizer is then responsible for the equipment once delivered. He will take all necessary care to keep an eye on the equipment, and will implement all means to prevent theft or deterioration of equipment. The Organizer commits to keep the material in a closed room, to which only he and, if necessary, corporate and personal representatives may have access to.

Any loss or theft, any damage, any degradation, any deterioration of the material, for whatever cause, origin and circumstances, are the responsibility of the Organizer until the material is taken back by Digitevent.

Digitevent is the only one able to estimate the cost of loss, theft or damage and commits to make a fair and reasonable estimation of the amount of repairs and / or replacement of the equipment. This amount is limited to the general public selling price of the equivalent new equipment. The repair invoice must be paid by the Organizer within seven business days upon receipt.

Any dysfunction related to the normal deterioration of the equipment or to a technical problem can not involve the responsibility of Digitevent.

 

XII.        Prices, fees and refunds

Unless otherwise specified, our prices are in Euros and exclude taxes. Any invoice established must be paid within the deadline mentioned on the approved quote or on the invoice issued by Digitevent. Any unpaid due amount will result in the payment of penalties by the client, referring to Article L. 441-6 of the French trade code, without prejudice of the late payment interest of current legal rate, as well as legal fees. Non payment on the due date makes all total amounts immediately due.

Validated orders cannot be canceled by the organizer and cannot be refunded. Referring to art. L 121-20 of the French consumer code, the organizer has a period of seven days to withdraw without having to justify reasons or to pay penalties. However, any order consumed partially or fully is considered as a service that has already started and is therefore no longer the subject of withdrawal.

Invoices made to customers outside the European Union will be calculated without value added tax. In case of payment of duties, taxes, or others, applicable because of the geographical destination of the products, these expenses are up to the client, to whom it is recommended to carry out the verifications before the validation of his order.

We charge fees when you sell or buy tickets on Digitevent. If you use our online payment solution, you must first read the terms and conditions of our bank, available at https://www.mangopay.com/terms/end-user-terms-and-conditions/Mangopay_Terms-EN.pdf.

These fees may change depending on individual agreements between Digitevent and certain Organizers. The fees applicable to your event can be viewed in your Digitevent Organizer account. If in doubt, contact us before the opening of the registration. Digitevent does not control the fees collected by your bank (example: currency exchange fees).

Tickets cannot be returned, exchanged, assigned or refunded even in case of loss or theft. A Ticket can only be refunded in case of the event cancelation or due to the Organizer decision. If the Organizer accepts a refund, a transaction fee will be applied. If the order is paid by check, transfer or cash, it will be effective once the funds are received by the Organizer.

Digitevent cannot be held responsible for any costs and / or damages related to fraudulent situations (example: use of refunded tickets) and / or damages related to the purchase of the ticket by unofficial means, such as third parties.

 

XIII.        Rules for using messaging tools

If you use our messaging tools, you declare and agree that:

a) Recipient email addresses have been collected in accordance with the e-mail marketing rules in the recipient's country of residence;

b) You have the right and authority to send emails without violating any privacy policy under which e-mails from recipients were collected;

c) you will use the email tools in accordance with all applicable laws, rules and regulations, including those relating to spam and email, including, and not limited to, the US CAN-SPAM Act, CASL and the Directive on the GDPR and cyber privacy of the EU;

d) you will use only the Email Tools to advertise, promote and / or manage the event listed in the Services;

e) you will not use false or deceptive headers or misleading subject lines in emails sent using Email Tools;

f) you will include the accessible and unconditional unsubscribe link in your email communications and you will not send any email to a recipient who has unsubscribed from your list.

If you violate any of these Email Tools policies, or if your use of Email Tools results in bounce rates, complaint rates or unsubscribe requests that exceed industry standards, or if your emails disturb the Services, Digitevent may (without limitation of other legal or contractual actions available) limit or suspend your account.

Digitevent Emails Tools are designed to provide optimal compatibilité to all recipients. However, Digitevent cannot guarantee a regular compatibility on all computers and devices. It is the responsibility of the Organizer to ensure that the display of emails is in accordance with his expectations on the computers of his Participants or Guests. Similarly, Digitevent cannot be held responsible for an anti-spam policy on the mail servers of Participants or Guests. It is the responsibility of the Organizer to verify compatibility between Digitevent and the recipient infrastructures before contracting with Digitevent.

XIV.        Terms or Services changes

Digitevent has the right to modify the current Terms. At each modification, we will update the "Update date" at the top of the present document. We may, with no obligation, send you a message about the Changes.

Significant Changes will be effective thirty (30) days after the date of the "Update" or any other date communicated in any other notice. Changes concerning the new features only will take effect immediately. You are responsible for examining and reviewing the Changes. Your ongoing use of the services as a result of any modification means your acceptance of such changes.

Digitevent reserves the right to modify, replace or interrupt any part of the Services.

 

XV.        Disposal

We may, without your consent or your approval, freely transfer the Terms and our associated rights and obligations to an affiliated company or an entity in connection with a company transaction.

 

XVI.        Entire agreement

Unless otherwise provided, these Terms constitute the entire agreement between you and Digitevent and replace any prior or contemporaneous agreement, proposal, discussion or communication other than a written agreement to the Services between you and a Digitevent agent concerning specified events.

 

XVII.         Applicable law and renunciation of class actions

If you have a question or concern about the Services, please contact us by e-mail first at [email protected] Our team will try to answer your question or solve your problem.

If our team is improbably unable to resolve your issues, a party intending to take legal action must first send a written notice of dispute to the other party. The notice must be sent by registered mail to: Digitevent SAS, 11 rue des Petites Ecuries, 75010 Paris, France and must be accompanied by a copy of a signed identity document. If Digitevent does not have your address, the notice may be sent to your Digitevent account email. The notice must (i) describe the nature and cause of the claim or dispute; and (ii) state the specific action wanted. If Digitevent and you cannot reach an agreement to solve the claim within sixty (60) calendar days of the notice reception, you or Digitevent may initiate a procedure.

Any dispute or claim must be settled, no matter where you live in the world, under the personal jurisdiction of the Court of Paris and will be governed by the French Laws, regardless of its conflict of laws rules.

You and Digitevent agree that each party can bring claims against the other only as an individual, and not as an applicant or class member in a consolidated, grouped or representative proceeding.

XVIII.         Comments

We invite you to share your comments and improvements. Any comments will be considered non-confidential and non-exclusive to you. You grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub licensable, perpetual license to use and publish these ideas and documents for any purpose, without any payment to you.

 

XIX.        Additional provisions

Our inability to enforce any part of the Terms does not constitute a renunciation of right. No renunciation, modification or alteration of the Terms will be binding. If any provision of these Terms is held to be unenforceable, that part should be limited to the minimum extent necessary and the other provisions of this Agreement shall remain in effect.

We may sometimes provide services that are not described in the hereby terms (example: personalized services). Unless we have made a separate and signed agreement that expressly replaces these Terms, they will also apply to those services.

The section titles in these Terms are for the convenience and have no legal or contractual effect.

We may translate these Terms to other languages ​​for your convenience. If there is a conflict between the French version and a translated version, the French version will prevail.