WHEREVENT Terms of Use

The original version of this document is written in french (France). In case of conflict between the translated version of this document and the original one, the original version in french shall prevail.

1. Object

The present terms of use (hereafter known as the “Terms”) set out the rules governing access to the website www.wherevent.com (hereafter known as the “Site”) developed by the company 13 Pass Multimedia (hereafter known as the “Company”) and the terms of use of the services provided thereon (hereafter known as the “Services”).

2. Definitions

“Internet user(s)”: person or persons browsing the Site and liable to use certain Services without being members of and/or identified on the Site. “User(s)”: person or persons browsing the Site and/or the Services identified as being on the site and liable to use all of the available Services.

3. Acceptance of the Terms of Use

Any person who accesses the Site for any reason is deemed to have accepted these Terms of Use without reservation simply by accessing the Site. The Company reserves the right to delete the account of any User and/or to block access to some or all parts of the Site at any time for legitimate reasons and without justification having informed the User in question by email. Consultation and membership of the Site is free of charge and open to all. Any Internet user or User who does not respect the Terms may be exposing him or herself to legal proceedings. The Terms apply to the entire period during which the Site and the Services are online, without limitation in time or duration.

4. Description of and Access to the Services

The Site gathers and displays information about events that is publicly broadcast on internet sites. The Site allows Internet users and Users to see and to find public events that may be of interest to them with the help of different search methods. The Site allows organizers of events that are publicly broadcast on internet sites such as “social networking” sites to broadcast them through the Site, on condition that the aforementioned events meet the criteria ordained by the Site. All of the information and all of the data that may be related to the events are considered to be public. Those using the site and Internet users may not access some of the Site’s functionalities. The costs of access and/or connection to the Site via the Internet network are at the sole and exclusive charge of any person who accesses the Site for any reason. Under normal circumstances the Site is accessible at all times. The Company cannot be held responsible for the interruption of access to the Site, its availability and its Services, for any reason. The Company reserves the right, without notice or reparation, to render the Site inaccessible at any time and/or to shut it down, either temporarily or permanently, for any reason. In matters pertaining to the Site and the Services, the Company reserves the right to carry out any changes and/or improvements that it deems necessary, unavoidable or useful.

5. Conditions of Registration

Registration on the Site is completed with the help of a user name and a password or via the “Facebook Connect” functionality. Each user name and password is private and confidential to each User and to the people connected through the “Facebook Connect” functionality. Users are committed to never disclosing or communicating them for any reason to any third party. Those users who divulge or communicate their user name and password are solely and exclusively responsible for doing so. The Site cannot be held responsible for the disclosure of any or all user names and/or passwords that cannot be attributed to its sole and exclusive voluntary action.

6. Prohibited Uses

The following are prohibited unless specially, expressly and previously authorized by the Company: the extraction or re-use of any element of the Site; any actions carried out on the Site, notably links, access, changes, additions or deletions that may adversely affect the Site in any way and for any reason. Any infringement upon an automated data system may be subject to penalty. Legal proceedings may be undertaken by the Company against any Internet user or User in the case of such an infringement.

7. Hypertext Links

Authorization is granted to any person or persons accessing the site, without prior or express agreement from the Company, to create one or more hypertext links (simple or deep) with the Site and to display them on other Internet sites. Such persons will prevent themselves from carrying out any acts that are in disagreement with or contradict any laws or regulations. Such persons are not authorized to carry out these acts should they be liable to infringe the honor, reputation, or brand image of the Site, its partners or users. The Site may contain hypertext links that direct towards other sites. The Company has no form of control over these links or the sites to which they direct and may in no way be held responsible for the contacts and/or services displayed and/or that are accessible or available on these sites.

8. Intellectual Property

The Site is the sole proprietor of content that is directly and exclusively published by the Company. Any acts relating to this content in any possible way are strictly prohibited unless express and prior agreement has been granted directly by the Company. Persons using any site are bound to fully respect the terms of use of that site. In particular, people using the Facebook site and its functionalities are bound to publish content that is directly available on the Facebook site with strict respect for and application of the rules of use of the Facebook site. These rules of use can be accessed at http://www.facebook.com/legal/terms. In so far as is possible, the Company operates in agreement with the rules of sites, and in particular those of Facebook. To this end, the Company has the right to host and use the data, contents and/or information that come from the Facebook site. The data, content and information used are considered to be public. The Company is committed to not transmitting data that does not come directly from the Site. The Company cannot be held responsible for the behavior of any user of the Site or that of any other site.

9. Trademark Protection

The Site and all of the elements published directly by the Company are the entire, sole and exclusive property of the Company. Reproduction and/or transmission of these brands, in any way, are strictly prohibited unless express prior permission is granted directly by the Company.

10. Limitation of Responsibility

The Company limits itself to rendering accessible content published by users of internet sites. None of the content made available can be considered to be the property of the Company and/or the Site and the editors and/or the authors of the said content remain responsible for it. The Company acts in the sole capacity of a technical provider of online communication services. The Company cannot be held responsible for any or all risks inherent to access to and/or use of the Internet network, in particular in relation to: Any security breaches; Continuity of access and/or availability of the Internet network to the Site and/or the Services. Any person who accesses the Site for any reason is committed to taking all the necessary precautions to protect and guarantee the safety of his or her personal data, content, software, material and/or information systems. The Company cannot be held responsible under any circumstances for any risks and/or damage of any kind related to a breach of protection and/or security and the resulting consequences and/or losses whatever their form and/or extent.

11. Cookies

During access to and/or use of the Site, one or more "cookies" may be installed automatically and the computer terminals utilized. These cookies are designed strictly to facilitate use of the Site and do not in any case permit identification or naming of the Internet user or User. The cookies and related information gathered for statistical purposes can be retained for a limited period of up to two (2) years. Any Internet user or User may oppose the recording of these cookies from within the settings of the connection and Internet network navigation software on the computer terminal being used. The deactivation of functionalities related to cookies can be performed in the options of the software concerned. The Internet user and the User are invited to refer to the support provided by the software concerned for more information.

12. Personal Data

Personal data that may be gathered during access to and/or use of the Site and/or Services is done so in full respect of the regulations governing the protection of personal data. These regulations are outlined in the Privacy Policy of the Site: Terms of handling and protection of the personal data of Users of the Site and the Services. In exchange for the free availability of the Site and the free Services provided thereon, the User accepts to receive offers from the Company’s and/or the Site’s partners. The User accepts that the Company may make use of his or her email address and/or transmit it to partners of the Company and/or the Site. The Company is committed to only transmitting anonymous data.

13. Social Networks

The User is authorized to subscribe to all the functionalities of the Facebook site utilized by the Site by registering here: https://www.facebook.com/wherevent. By subscribing to each of the Facebook functionalities the User commits to respecting all of the rules of use of the Facebook site or of any other site used to this effect and to this end. In the same way, the User is authorized to follow the Site through the Site’s “Twitter account” which can be accessed here: https://twitter.com/wherevent.

14. Changes to the Terms of Use and Specific Terms

The Company reserves the right to change the Terms and the Privacy Policy of the site at any time. Once made available on the Site, these changes apply to everyone who accesses the Site, for any reason. Every person who accesses the Site is encouraged to regularly consult the Terms of Use and the Privacy Policy in order to be aware of any recent changes which may have been made to them.

15. Applicable Law and Jurisdiction

The Site, these Terms of Use, the Site’s Privacy Policy, access to and use of the Site are bound exclusively by French law, the only applicable law in cases of litigation. In the absence of an amicable resolution to a dispute, any litigation arising from access to and/or use of the Site and/or the understanding or interpretation of the Terms and/or the Privacy Policy of the Site can only be resolved in French courts, which have been deemed to be solely competent in the matter.