TERMS AND CONDITIONS OF WEBSITE USE
Where any terms below are used with a capital letter, the corresponding definition will apply.
– Administrator: the person, department or company, acting under the instructions of PREMIERE VISION NEW YORK, responsible for the administration of the Website, its operation and the implementation of the resources required for its functioning.
– Content: all information, components and/or media, in any format, which is placed on the Website.
– Operation: the preservation of the Website under working conditions.
– Incident: an unscheduled interruption or a decline in the quality of an online computer service supplied on the Website.
– Parties: means all Website Users and PREMIERE VISION NEW YORK.
– Trade Show: a professional event organised by PREMIERE VISION NEW YORK.
– Services: all services made available on the Website for Users by PREMIERE VISION NEW YORK.
– Website: collection of structured documents, known as ‘webpages’, comprising content of various types and in different formats (text, images, audio, videos, etc.), presented through software and stored on an Internet-connected server that serves as the technical support for https://www.premierevision-newyork.com.
– User: any natural person duly connected to the Website and acting in a professional capacity.
2. Purpose of these Terms and Conditions
The purpose of these Terms and Conditions of Website Use (hereinafter the’T&Cs’) is to set out the conditions under which any User may use the Services supplied by PREMIERE VISION NEW YORK through the Website, https://www.premierevision-newyork.com (hereinafter the ‘Website’).
3. Entry into force T&C Term
TheseT&Cs will apply from the moment the User accepts them on the Website.
They will cease to apply when the User deletes their online account.
4. Validity of T&Cs
PREMIERE VISION NEW YORK may modify these T&Cswhenever it deems it necessary. The User hereby expressly accepts such changes in advance. Insofar as possible, PREMIERE VISION NEW YORK will endeavour to adequately inform the User of the changes.
5. User responsibility
– Form of proof
In their relations, the Parties shall communicate by email except in specific cases where a registered letter with acknowledgement of receipt should be used. Any email sent will be acceptable evidence for the establishment of facts, acts and actions of the Parties.
– Limitation of liability
With regard to a breach of an obligation incurred under these T&Cs, the User may not in any way limit their liability or guarantee.
Consequently, the User will be liable for any damages, including damages thatare direct, indirect, consequential, special, incidental, physical, moral, pecuniary and non-pecuniary, which may be caused to other Parties or third parties by that particular User’s use of the Services or connection to the Website.
Any failure by PREMIERE VISION NEW YORK to enforce a clause herein or any acquiescence on the part of PREMIERE VISION NEW YORK to the continuous or temporary non-performance of an obligation by the other Party, will not constitute a waiver by PREMIERE VISION NEW YORK of either its rights held under the clause or the other Party’s performance of the obligation.
– Breach of T&Cs
Any wrongful use of the Website and its functionalities, or any use contrary to their purpose is strictly prohibited and will constitute a breach of these T&Cs. Such a breach will allow PREMIERE VISION NEW YORK to suspend the visitor account of the User in breach.
6. Intellectual property
PREMIERE VISION NEW YORK is the sole proprietor of all intellectual property rights relating to the Website and especially the rights of use, display, exploitation, reproduction, publication, adaptation and translation of any object forming part of the Website, including graphical layout, titles, shapes, site maps, texts, articles, analyses, writings, documentation, photographs, images, videos and any other information content, as well as the brands and logos uploaded on line by PREMIERE VISION NEW YORK.
The Website and its Content are protected by copyright and ancillary rights under French law (articles L.122-4 et seq. of the Intellectual Property Code), which forbid the complete or partial reproduction of the elements forming part of the Website and Content without the consent of PREMIERE VISION NEW YORK.
Accordingly, the User shall observe the copyrights, trademarks and rights of the database creator. Each User acknowledges that the databases created by PREMIERE VISION NEW YORK are the sole property of the latter.
PREMIERE VISION NEW YORK grants to the User only a simple, non-exclusive, non-collective user licence over the content published on the Website, www.premierevision-newyork.com.
The User holds no right to transfer or assign the information obtained from the Website and is prohibited from creating any derivative work based on the Content of the Website.
The Website and its elements constitute a protected work under intellectual property law. Any publication, reproduction, modification, broadcast, translation or, in general, any use of the Website and its technicalor graphical elements is strictly forbidden without the prior consent of PREMIERE VISION NEW YORK.
Only the content accessible in the ‘Press area / Press releases and kits’ and ‘Press area / Photos and videos’ sections is made freely available for use by accredited journalists, insofar as such use does not infringe the rights of PREMIERE VISION NEW YORK.
The provision of the Services will not entail any transfer or granting of any intellectual property rights except the right of the User to use the online Services provided by PREMIERE VISION NEW YORK through the Website within the limits stipulated in these T&Cs and, where applicable, in the Contract.
Any breach of this clause will be deemed an act of infringement and may be grounds for civil and/or criminal proceedings in accordance with the law.
The use of hypertext links redirecting to the Website, www.premierevision-newyork.com, is also subject to the prior express consent of PREMIERE VISION NEW YORK; the User may obtain such consent by contacting the webmaster via email.
7. Right to use online Services
The User who registers with PREMIERE VISION NEW YORK must supply correct information during their registration and upon completing any online formality. Such information is required for the proper functioning of the Website and correct realisation of the Services.
The User shall not create a false identity that would mislead the Administrator or other third party.
8. Online account
An unregistered User may create a visitor account that would allow them to configure their preferences with regard to the receipt of newsletters from PREMIERE VISION NEW YORK, as well as to view, once ordered, e-passes to the Trade Show and view invoices.
For this purpose, the User must provide several pieces of information in order to register and create an account.
To open the online account, the User must:
– provide PREMIERE VISION NEW YORK with the following information: first name, surname, email address, country of residence, name of the company worked for and a password for the account;
– accept these Terms and Conditions of Website Use by proceeding with the registration process.
The User must keep the information supplied during the account creation up-to-date so that it is always correct.
Each User agrees to create only one account.
Access to the visitor account is free of charge for the User.
Once the User has created the account, PREMIERE VISION NEW YORK will send an email to the User in order to confirm the email address supplied during the account creation.
Once the account has been created, the User can use the account’s interface to add and modify their data, unsubscribe from the newsletters, and delete the account.
9. Online services
Through its Website, PREMIERE VISION NEW YORK supplies the following services to the User:
– browsing of various content and information;
– purchase operations: orders for passes/badges to Trade Shows, and other orders for products presented in the shop.
10. Required settings
To properly use the Website and its functionalities, the User should have their software updated regularly.
The pages of the Website have been adapted to screens of all resolutions; however, it is recommended to use a minimum display resolution of 1280 x 1024 pixels.
The Administrator does not guarantee the transfer, storage or printing of information placed on the Website to or from the User’s information system or terminal.
The Administrator will endeavour to implement tested technical systems likely to fulfil the expected functionalities of the Website. Nonetheless, PREMIERE VISION NEW YORK is not under any obligation of result to Users for the security and continuity of information placed online, especially due to uncertainties inherent in the use and operation of open networks such as the Internet.
In order to meet the needs of Users or improve the Website’s functioning, PREMIERE VISION NEW YORK may change the Website’s functionalities.
The functioning of the Website may be temporarily interrupted on the decision of the Administrator for maintenance or security reasons. No interruption or throttling of the Website’s functioning may give rise to a claim of any sort, including for compensation. This also applies in the event of a loss of connection, or loss of any type of data or information.
Information concerning the User’s use of the Website may result in the installation of cookies designed to better adapt the Website’s functionalities to the User’s needs and improve the browsing of the Website. The User may refuse to allow these cookies to be installed on their computer by choosing the appropriate option on their browser.
PREMIERE VISION NEW YORK installs cookies on the Users’ terminals for the purposes of Website browsing, and the optimisation and personalisation of PREMIERE VISION NEW YORK services on the Website.
Third-party companies (e.g. those involved in marketing statistics) install cookies in order to identify the interests of Users through the products searched for or bought on the Website, and personalise promotional offers that are targeted at Users on the Website or elsewhere. Cookies may be installed during the browsing of the Website or when the User clicks on an advertisement on the Website. Third-party cookies are installed by those companies acting on their own account; PREMIERE VISION NEW YORK has no control over such cookies.
The Website uses different types of cookies which have different purposes. The Website contains:
– Cookies strictly necessary for the use of the Website by Users. They allow the use of the main functionalities of the Website (e.g. use of the purchase basket or account access). Without these cookies, the Users would not be able to use the Website properly. These cookies are installed by PREMIERE VISION NEW YORK and only relate to the operation of the Website.
– Analytical cookies that provide information on the use and performance of the Website thereby helping in the improvement of the Website’s operation (e.g. webpages browsed most often, searches made using the Website’s search engine, etc.). These cookies are mainly installed by Google.
– Operational cookies that allow PREMIERE VISION NEW YORK to personalise the Website’s experience for Users (e.g. remember items in the basket before continuing with the purchase). These cookies are installed by PREMIERE VISION NEW YORK.
– Advertising cookies used to display advertisements or provide information adapted to the User’s interests on the Website or elsewhere during the User’s browsing of the Internet. They are mainly used to limit the number of times Users should see an advertisement and help in calculating the effectiveness of advertisement campaigns. The rejection of these advertising cookies does not affect the use of the Website. However, their rejection will not stop the display of advertisements on the Website or the Internet in general. The effect of their rejection will only be that the advertisements displayed will not centre on the User’s interests or preferences. These cookies are mainly third-party cookies. These cookies are principally from advertisement companies. We cannot provide an exhaustive list of them.
– Cookies and device identification for transaction security purposes.
The User is informed that, at the time an order is placed, PREMIERE VISION NEW YORK or the service providers acting on its behalf may install cookies or collect data relating to the User’s terminal, including information (technical features) necessary for the recognition of the device (computer, tablet, mobile phone) in order to facilitate the identification of the User’s equipment as part of security procedures for monetary transactions (prevention of fraud). Cookies and device fingerprints are used for this purpose. A banner on the Website, upon entering, will appear informing Users of the collection of information about their terminal in order to identify it. By proceeding to make purchases on the Website without altering the collection of device identification data, the User agrees to such collection and the creation of the identification.
At any time, the User may choose to disable these cookies. The User’s browser can alsobe configured to notify the User that cookies will be installed and request whether the User agrees to such installation. The User may accept or reject cookies on a case-by-case basis or automatically reject all cookies. PREMIERE VISION NEW YORK reminds the User that such configuration could change the conditions for accessing services that require cookies. If the User’s browser is set up to reject all cookies, the User may be unable to make purchases or take advantage of the essential functions of the Website, such as storing items in the basket or receiving personalised recommendations. PREMIERE VISION NEW YORK invites Users to configure their browser while taking into account the purpose of the cookies as described above. Configuration of each browser is different. The browser’s help menu describes how to configure it to suit your wishes in relation to cookies. You can follow the instructions below to disable cookies.
If you are using Internet Explorer
– In Internet Explorer, click the ‘Tools’ menu button, the ‘Internet options’.
– Go to the ‘General’ tab, under ‘Browser history’ click ‘Settings’.
– Click the ‘View files’ button
– Click on the ‘Name’ column to sort the files by alphabetical order, then go down the list until you see the files beginning with the prefix ‘Cookie’. (All cookies contain this prefix and usually contain the name of the website that installed the cookie).
– Select the cookies with the name ‘PREMIERE VISION NEW YORK’ and delete them
– Close the window containing the filelist, then click on OK two times to return to Internet Explorer.
– Enter the ‘Tools’ menu on the browser and select ‘Options’.
– In the window that appears, choose ‘Privacy’ and click on ‘remove individual cookies’.
– Locate the files containing the name ‘PREMIERE VISION NEW YORK’
– Select and delete them.
– In your browser, click the ‘Safari’ tab and go to ‘Preferences’.
– Click ‘Privacy’.
– Click on ‘Manage website data’.
– Choose the cookies containing the name ‘PREMIERE VISION NEW YORK’ and click ‘Remove’ or ‘Remove all’.
– Once deleted, click ‘Done’.
– Click the ‘Tools’ menu icon.
– Select ‘Settings’.
– Click on the ‘Advanced’ settings tab and enter the ‘Privacy’ section.
– Click on ‘All cookies and site data’.
– Locate the files containing the name ‘PREMIERE VISION NEW YORK’
– Select and delete them.
– Click on ‘Done’ to return to the browser.
For further information on cookies, you can go to the website of the French Data Protection Agency (CNIL): http://www.cnil.fr/vos-droits/vos-traces/les-cookies/
12. Appropriate use of the Website
The User agrees to use the Website and its functionalities without attempting to bypass the security and protections mechanisms. The User agrees not to disrupt or stall the operation of the Website.
The User acknowledges their liability for the infection of all or part of the Website by any virus, worm, Trojan horse, logic bomb or anyother disruptive code, and agrees to assume all consequences, including pecuniary, which PREMIERE VISION NEW YORK or a third party may suffer.
In the event of fraudulent or illegal use, misconduct or behaviour by the User on the Website, the User shall indemnify the Administrator for all damages resulting from such actions.
PREMIERE VISION NEW YORK may decide to block the publication or delete any uploaded Content that contravenes:
– French law and regulations, international treaties or good moral standards;
– the proper functioning of the Website;
– the legitimate interests of the Exhibitors, other Users or third parties;
– the image, reputation and interests of PREMIERE VISION NEW YORK, its shareholders, subsidiaries, partners and clients.
PREMIERE VISION NEW YORK will be neither liable to nor owe anyone for any damages in this respect.
Any complaint in relation to the operation of the Website, its content or any other issues must be sent to PREMIERE VISION NEW YORK by email and by registered letter with acknowledgement of receipt. Complaints will not be accepted from any inadequately identified person, whose contact details are not clearly stated.
14. Limitation of liability
PREMIERE VISION NEW YORK shall not be liable for any direct or indirect damages, including commercial and financial damage (loss of turnover, loss of gross margins, loss of opportunities), or any reputational damage.
In accordance with the principles of trade secrets, the Parties agree to the utmost secrecy in relation to all information relating to the organisation of the online Services, the Website’s content and the Parties’ online relations.
16. Personal data protection
Definition: ‘Personal Data Legislation’ refers to all laws, especially Law No. 78-17 of 6 January 1978 on information technology, files and freedoms, as well as therules, regulations, decrees, ministerial orders and other applicable legal obligations on the protection and processing of personal data, which includes, where appropriate, Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation – GDPR) that entered into force on 25 May 2018.
In accordance with the Personal Data Legislation, PREMIERE VISION NEW YORK collects only data that is strictly necessary for the purposes of the data processing carried out.
The purposes of the processing of the data collected through the Website are stated in the data collection form shown on the Website.
PREMIERE VISION NEW YORK requires personal data provided by the Client when making a purchase in order to process and fulfil orders, mainly for managing Client registration at tradeshows organised by PREMIERE VISION NEW YORK. This personal data is also used by PREMIERE VISION NEW YORK for promotional purposes to send newsletters or promotional emails.
The recipients of personal data are the relevant departments of PREMIERE VISION NEW YORK and data processors whereby they ensure the proper processing of the order made by the User. The User hereby expressly accepts such parties as recipients of personal data.
The User is hereby informed that, where the User’s badge is scanned by an exhibitor at a Trade Show, the User’s personal data will be transmitted to that exhibitor.
In accordance with the Personal Data Legislation, PREMIERE VISION NEW YORK will store personal data only for the time necessary to carry out the operations for which it has been collected. As a result, the User’s personal data will be stored during the contractual relations between the Parties, plus another 3 years for the purposes of marketing similar products or services or where the relevant person expressly consents to such storage. Data relating to marketing leads is stored for 3 years from the last contact between the Parties.
PREMIERE VISION NEW YORK shall ensure the security of the personal data by establishing enhanced data protection through the use of physical and logical security means.
In accordance with the Personal Data Legislation, every User has a right to access, rectify and delete data concerning them. Users also have the right to data portability, and the right to establish general and particular instructions on how their rights should be exercised after death.
The User is specifically informed of their right to object for any legitimate reasons and a right to object to their data being used for marketing purposes.
The User may exercise any of the above-mentioned rights by sending an email, with their full name and the email address or postal address at which they should receive a response, to the following address: email@example.com
If the personal data is not deleted or if the data controller does not respond to the request for the deletion of data within one month from the date of the request, the person concerned may refer the matter to the French Data Protection Agency (CNIL). The agency will issue a decision on this matter within three weeks of receipt of the complaint.
17. Amicable resolution
Insofar as possible, any dispute relating to the interpretation and/or performance of these T&Cs should be settled amicably between the Parties, which PREMIERE VISION NEW YORK will endeavour to do.
If no amicable solution is found after 30 calendar days, the Parties may then refer the dispute to the competent courts.
The Parties jointly agree that this clause will not impede the use of any emergency proceedings by application for summary judgement or by motion.
Should the amicable resolution of the dispute fail, the Parties expressly agree that the Commercial Court of Lyon will have competence to hear the dispute, regardless of the existence of multiple defendants or the introduction of third parties. Such competence also extends to emergency proceedings and injunctions via motions or applications for a summary judgement, and for any claim based on the provisions of Article L.442-6 of the Commercial Code.
19. Applicable law : Contractual language
These Terms and Conditions of Website Use are governed by French law, regardless of the User’s nationality.
These T&Cs asdrafted in the French language take precedence over any other language version.