TERMS & CONDITIONS
WEBSITE TERMS AND CONDITIONS
Welcome to Startup Sesame’s website (hereafter the “Website”)! Please read the following Terms and Conditions of Use before using this Website. Because the Terms and Conditions of Use may change from time to time at our sole discretion, we recommend that you check for updates, modifications or revisions periodically, as you will be bound by such modifications. If you do not accept and abide by these Terms and Conditions of Use, you should not use the Website. Nothing in these Terms and Conditions of Use shall be deemed to confer any third-party rights or benefits.
1. LEGAL TERMS
The Website is fully and exclusively owned by STARTUP SESAME SAS, a French société par actions simplifiée (simplified limited company) with share capital of €1.000, whose registered office is located at 18 rue de la Jonquière 75017 Paris, France, and which is registered with the Paris Trade and Companies Register under number 828 539 197, (collectively, “Startup Sesame SAS”, “Startup Sesame”, “we” or “us”). The Website is hosted by Amazon Web Services, an American company having its registered office at Amazon Web Services, Inc., P.O. Box 81226, Seattle, WA 98108-1226 and whose phone number is the following: +1 (206) 266-4064.
2. ACCESS TO THE WEBSITE AND SECURITY
Access to the Website services is only allowed by the interface that is provided by Startup Sesame for use in accessing the said service. Users must be aged at least 16 years to register on the Website or subscribe to newsletters. – Note to parents: Parents should supervise the online activities of their children and we encourage them to use a parental control tool available, especially online, to help them give their children a secure environment. These tools include the ability to deter minors communicating online their name, address and other personal information without parental permission Startup Sesame reserves the right to modify or discontinue, temporarily or permanently, part or all of the services. Such changes shall be posted on the Website itself, no specific prior notice being imposed onStartup Sesame. You shall have continuous and uninterrupted access to the Website, save in the event of force majeure or events beyond Startup Sesame’s control and subject to any technical faults or work, maintenance or upgrades required for the smooth running of the Website.
3. CONTENT OF THE WEBSITE AND USE OF THE CONTENT
The content of the Website and in particular, without limitation, the architecture and the data of any kind whatsoever and in particular, texts, illustrations, figures, graphics, icons, images, logos, website design, photos, maps, music, video recordings, software, trademarks, trade names, databases (hereinafter the “Content”) are protected by authors’ rights, trade mark law and any and all other intellectual property rights and are the property of Startup Sesame or the third parties that authorised it to exploit them. By using the Website, you represent and warrant: Not to reproduce all or part of the Website on any other website whatsoever and/or on any company in-house network. Not to reproduce, extract, summarise, modify, translate, alter or distribute to third parties the Content and in particular the databases, whether in whole or in part, without Startup Sesame’s prior express consent. Any other form of reproduction or display of the Content and in particular database, logos or trademarks without Startup Sesame’s prior express consent, shall, in particular, constitute an act of infringement or of unfair competition, as the case may be, and will be sanctioned accordingly.
You assume full liability for non compliance with the present Terms and Conditions of Use. Startup Sesame shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to loss of profits, goodwill, data, resulting, inter alia, from (i) the use or inability to use the Website; (ii) the unauthorised access to or alteration of your transmissions or data; (iii) statements or conduct of yourself, other Participants and/or third parties in the course of accessing or using the services; interruptions of and difficulties in the operation of the services. Startup Sesame is watchful regarding the correct functioning of the Website and their peaceful use, but Startup Sesame does not warrant their functioning without interruption or available error-free information and does not make any statement and warranty as for the content of the Website, especially concerning the data uploaded directly or indirectly by the Participants. You hereby hold harmless and indemnify and will at any time hold harmless and keep Startup Sesame, any of its officers, directors, owners, employees, agents as well as its information providers, affiliates, partners, other Participants and licensors fully and effectively indemnified from and against all actions, proceedings, claims, damages, costs and losses, liability, legal costs (including attorneys’ fees), expenses whatsoever made against or incurred by any connection to and use of the Website and in consequence of any breach or non-performance of any of the representations, warranties or covenants contained in these Terms and Conditions of Use, notably a violation of rights of Startup Sesame or any third person or entity, including but not limited to copyright infringement, trademark infringement, or any damage or infringement in link with your connection to and/or use of and/or accessibility to the Website. Startup Sesame reserves the right, in case of its involvement in any matter for which it is sued due to a violation of rights caused by yourself as stated here-above, to assume its exclusive defence and control of the matter, at your own expense, and you agree to co-operate with our defence of these claims.
5.1 Links to Website
Startup Sesame’s prior express written consent is required for a link to the Website from another website. This consent may be withdrawn at any time, with no requirement to give any reasons for its decision to withdraw its consent.
5.2 Link from the Website to other websites
The Website offers links to numerous other websites managed by other companies for convenience or information purposes only. Startup Sesame may not be held liable as regards the content, products, services, advertising, cookies, computer code, or any other elements of these websites as well as for any damage or losses consecutive or in connection with the use of information, services or data available on these websites. These websites are separate and independent from the Website and do not constitute in any way an endorsement or validation of Startup Sesame to their content. Startup Sesame is not responsible of the collection and use of your personal data by those websites.
6. PRIVACY AND COOKIES POLICY
Startup Sesame respects the privacy of every individual who visits the Website and hereby informs you on the terms and conditions under which data that we collect from you on the Website will be used, shared and otherwise treated. This Privacy and Cookies Policy will also instruct you on how you can verify the accuracy, and control certain uses, of the information you provide to us on the Websites. Startup Sesame abides by the constraining French and European rules in terms of protection of personal data and privacy. Personal data processing carried out by Startup Sesame in the framework of the Website has been notified to the French Data Protection Authority, the CNIL (www.cnil.fr).
6.1 Collection and use of your personal data
Users are informed that their personal data, i.e. all information requested of them, in particular at the time they register for a newsletter or a tradeshow, and that enables them to be (directly or indirectly) identified (such as their surname, first name, position, email address, telephone and fax numbers and photographs) is indispensable. For these purposes, personal data is processed electronically, and such processing is reported to the French National Data Protection Authority (Commission Nationale Informatique et Libertés or CNIL). For the purposes of fulfilling your request, all or some of this personal data may be transmitted anywhere in the world, including at times to countries that may not necessarily guarantee a level of data protection equivalent to that guaranteed by the French Act of 6 January 1978 on Data Processing, Data files and Individual Liberties, as amended. This personal data may be: Communicated to third parties that have entered into contracts with Startup Sesame, in particular Startup Sesame’s representatives, service providers and partners, which may be located anywhere in the world. Used on all distribution and promotional media in connection with the relevant tradeshow, including over the internet.
6.2 Your rights
In accordance with the French Act of 6 January 1978 on Data Processing, Data files and Individual Liberties, as amended, Participants may exercise their right to access, correct and oppose the use of their personal data by writing to the following email address: email@example.com. Please also note that once we receive your request, it may take up to 3 weeks to become effective. In accordance with the provisions of the French law 2004-575 dated June 21st, 2004 related to “Trusting Digital Economy”, you have the right to opt out of receiving future marketing communication from Startup Sesame through use of your electronic contact details.
If any clause is found null or invalid or may not be enforced under provisions of law or public policy, all other terms and conditions shall remain in full force and effect, and the invalid or unenforceable provision will be deemed replaced by a valid, enforceable provision that most closely matches the intent of the original provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our Website must be filed within one (1) year after such claim or cause of action arose or be forever barred. Please note that these Terms and Conditions of Use are governed by and shall be construed in accordance with French Law. For any dispute arising in connection with the construction and/or performance hereof, and failing an amicable settlement, the parties submit to the French court of competent jurisdiction.