When they are in capitalised form, the terms below have the following definitions:
- Administrator: person, department or company responsible for administering the Websites, running it and implementing the resources required for it to function, acting on the instructions of PREMIERE VISION.
- Content: all information, items and/or media in whatever format, intended to be published on the Websitess.
- Exhibition: trade fair organised by PREMIERE VISION.
- Operation: maintenance of the Websites in operational condition.
- Incident: unplanned interruption or deterioration in the quality of a computer service provided online on the Websites.
- Parties: refers to all of the Users of the Websites and PREMIERE VISION.
- Services: all of the services put online by PREMIERE VISION for users by means of the Websites.
- Websites: all of the structured documents called “web pages” comprising content of various kinds and in various formats (text, images, sound, video etc.) run by software packages and stored on a server connected to the internet, representing the technical medium of the following websites : www.premierevision.com, paris.premierevision.com, denim.premierevision.com, blossom.premierevision.com, madeinfrance.premierevision.com, newyork.premierevision.com, sport.premierevision.com, shenzhen.premierevision.com et marketplace.premierevision.com.
- User: any natural person legitimately connected to the Websites.
Entry into force – Term
These GTU apply to all Users of the Websites.
The GTU may be modified by PREMIERE VISION whenever it deems it to be necessary, which all Users expressly accept in advance. PREMIERE VISION puts online and makes available any new version of the GTU.
Form of proof
In their relations, the Parties undertake to correspond by means of email, except in special cases where it is necessary to send a registered letter with acknowledgement of receipt. All messages sent by email constitute an acceptable form of proof for establishing any facts, acts and actions of each of the Parties.
Limitation of liability
The User is not granted any limitation of liability or guarantee in respect of breaches of any of its contractual obligations.
Consequently, the User is liable for any damage, including direct, consequential, resultant, special, incidental, physical and/or non-pecuniary, material and/or non-material damage that it may cause to PREMIERE VISION, Users or third parties due to using the Services or connecting to the Websites.
PREMIERE VISION implements the best means to make sure the Contents are accurate. Nevertheless, it is the Users’ responsibility to check the accuracy of the Contents.
In case of inaccuracy of the Contents, PREMIERE VISION cannot incur liability on this account or owe any compensation to Users.
The fact that PREMIERE VISION does not require performance of any of the clauses of the GTU or tacitly accepts non-performance of a clause either permanently or temporary, cannot be deemed to be a waiver by PREMIERE VISION of its entitlements under the aforementioned clause or its subsequent performance.
Breach of GTU
Any use of the Websites and its functions contrary to their purpose and aim, is strictly forbidden and constitutes a breach of these GTU.
PREMIERE VISION holds all of the rights of use, display, operation, reproduction, representation, adaptation and translation for all of the elements that comprise the Websites, including the graphic charters, titles, Websites maps, texts, articles, analyses and writing, pictures, videos, images, logos and marks or any other informational and/or downloadable content put online by PREMIERE VISION.
The Websites and its Content are protected by French copyright law and related rights (Articles L.122-4 et seq. of the French Intellectual Property Code) which prohibit the reproduction in whole or in part of these various constituent elements without the consent of PREMIERE VISION.
The User undertakes to respect the copyrights, trademark rights and database producer’s rights held by PREMIERE VISION; it acknowledges that the databases created by PREMIERE VISION are its sole property.
PREMIERE VISION only grants to the User a right to the private and non-exclusive use of the Content and an authorization to reproduce the Content in a digital format on the computer that is used for the consultation of the Websites for the exclusive purpose of displaying web pages consulted by using internet browser.
The User shall refrain from transferring or granting information obtained from the Websites and shall refrain creating any derivative works based on the Content of the Websites.
The Websites and its components constitute a copyright work under intellectual property law. Any representation, reproduction, modification, transmission, translation or in general any use of the Websites and its technical or graphical components are strictly forbidden without the prior authorisation of PREMIERE VISION.
Provision of the Services does not involve any transfer or granting of any intellectual property rights, apart from the right for the User to use the Services provided online on the Websites by PREMIERE VISION, within the limits specified herein.
Any full or partial reproduction of any of these elements without the prior written authorisation of PREMIERE VISION is strictly prohibited. Any breach of this clause will constitute an infringing act and might result in legal action against the Users, in accordance with the regulation and legislation in force.
The use of hyperlinks about and referring to the Websites without the prior written authorisation of PREMIERE VISION is also strictly prohibited. The User can obtain an authorisation by an email addressed to the Administrator.
Right to use Services
As the information provided by the User is necessary for the Websites to be optimised and for the Services to be well executed, the User commits to provide accurate information when he uses the Services.
The User commits not to create a fake identity which could mislead the Administrator or third parties.
For the purposes of identification and creation of his account, the User communicates some information.
To permit the opening of his online account, the User has to:
- Communicate to PREMIERE VISION the following information: surname, first name, nationality, the corporate name of the company, geographical location, password.
- Agree to these GTU.
The information provided by the User during the creation of his/her account has to be regularly updated in order to maintain its accuracy.
Each User commits to create only one account.
Access to the visitor account is free for the User.
Following the creation of the account by the User, an e-mail is sent by PREMIERE VISION to the User to confirm the account creation.
Once the account created, the User can, via his account interface, complete and modify his/her personal data, manage his/her communication preferences. The User may also request his/her data and/or their deletion by contacting firstname.lastname@example.org.
PREMIERE VISION provides, by the Websites, the following services to the User:
- Consultation of contents and various information;
- Use of transactional features: orders of pass/badges for the Exhibition notably, activation of invitations. These transactional features are subject to specific terms.
- Use of forms which allow the User to contact PREMIERE VISION.
To use the Websites and its functions appropriately, the User must use softwares regularly updated
The pages of the Websites are responsive and therefore adapt to all definitions, but a screen with a minimum definition of 1280 x 1024 pixels is recommended.
The Administrator cannot guarantee the transfer, storage or printing of the information put online on the Websites from or to the User’s system or workstation.
The Administrator will endeavour to deploy proven technical systems likely to provide the required functions of the Websites. Nevertheless, PREMIERE VISION does not have any duty towards the User to achieve a given result in this regard, in respect of the security and permanence of the information put online, in particular due to the uncertainties linked to the use and functioning of open networks such as the internet.
In order to meet Users’ needs and to improve the functioning of the Websites, PREMIERE VISION may upgrade its functions.
The functioning of the Websites may be momentarily interrupted by decision of the Administrator for maintenance or security reasons. No interruption or slowdown in the functioning of the Websites can result in a claim of any kind whatsoever, or in particular in compensation, particularly in the event of loss of connection, data or information of any kind whatsoever.
Proper use of the Websites
The Users undertake to use the Websites and its functions without attempting to bypass the security and protective technical systems. They undertake not to disrupt or paralyse its functioning.
Users who are recognised as responsible for infecting all or part of the Websites with viruses, worms, Trojan horses, logic bombs or any other disruptive technical system, undertake to accept all of the consequences, and in particular the financial consequences, with regard to PREMIERE VISION or any third party victim.
In the event of wrongdoing, misconduct or fraudulent or unlawful use by it of the Websites, the User undertakes to compensate PREMIERE VISION for any loss that it suffers as a result.
Any use of the Websites and its functions contrary to their purpose and aim is strictly forbidden and constitutes a breach of these GTU, and as such is liable to result in a temporary or permanent interruption of the Subscription, at the discretion of PREMIERE VISION.
PREMIERE VISION can decide to block the dissemination or delete any Content put online by the User that infringes:
- French laws and regulations, international treaties, or good conduct;
- the smooth functioning of the Websites;
- the legitimate interests of the other Users, Visitors or third parties;
- the image, reputation and interests of PREMIERE VISION and its shareholders, subsidiaries, partners and customers.
PREMIERE VISION cannot incur liability on this account or owe any compensation to Users.
In order to be processed, all complaints concerning the functioning of the Websites, its content or any other matters must be sent by email and by registered letter with acknowledgement of receipt to PREMIERE VISION. Complaints will not be considered unless the person making the complaint is duly identified and their contact details are provided.
Limitation of liability
No direct or consequential injury, and in particular no commercial or financial loss (of turnover, gross margin or opportunity), or damage to image can be compensated by PREMIERE VISION.
In accordance with the principle of business confidentiality, the Parties undertake to show the greatest discretion regarding any information concerning the organisation of the online Services, the content of the Websites and their online relations.
Any disagreements regarding the interpretation and/or performance of these GTU must, as far as possible, be settled by amicable agreement between the Parties, which PREMIERE VISION shall endeavour to encourage.
If an amicable solution is not found within a deadline of 30 calendar days, the Parties shall be entitled to refer the matter to the competent courts.
By mutual agreement between the Parties, this provision does not forbid the instigation of any urgent, ex parte or summary proceedings.
Allocation of jurisdiction
IN THE EVENT OF ANY DISPUTE THAT CANNOT BE SETTLED AMICABLY, JURISDICTION IS EXPRESSLY ALLOCATED TO THE COURTS OF LYON, NOTWITHSTANDING MULTIPLE DEFENDANTS OR THIRDPARTY PROCEEDINGS, EVEN FOR URGENT, PRECAUTIONARY, SUMMARY OR EX PARTE PROCEEDINGS, AS WELL AS FOR ALL REQUESTS BASED ON THE PROVISIONS OF ARTICLE L.442-6 OF THE FRENCH COMMERCIAL CODE.
Applicable law – Contractual language
The GTU are governed by French law regardless of the nationality of the User.
They are to be read, understood and interpreted in French.