TERMS &CONDITIONS
(“T&Cs”)
1. Publisher
This website is owned and operated by [Agorize and Designation]
Ex: AGORIZE SAS, a simplified joint-stock company with capital of €71,146, registered with the Paris
Trade and Companies Registry under no. 530 774 439, having its registered office at 34 rue du
Faubourg Saint Antoine, 75012 Paris, France ("Agorize", “we” or “us”).
Created and hosted by AGORIZE SAS, a simplified joint-stock company with capital of €107,217.90,
registered with the Paris Trade and Companies Registry under no. 530 774 439, having its
registered office at 15 rue Béranger, 75003 Paris, France .
2. Subject
[Agorize] provides an innovation platform service accessible at [www.agorize.com] (“Website”),
which allows businesses and organizations looking for innovative ideas for problems and Awards Platforms to connect with innovators.
These T&Cs govern your access to and use of the Website and its Services. By opening an account on the Website, you must tick a box, and confirm that you have read and accepted these T&Cs, which form a legally binding contract between you and [Agorize].
If you wish to participate in a specific Awards Platform, you will be asked to review and accept the rules applicable to the specific Awards Platform.
Please read the following carefully. If you do not accept these T&Cs, do not use the Website. We may amend these T&Cs at any time by posting an updated version to this web page and notifying you before the amended T&Cs take effect.
To improve your user experience, we may also modify, without prior notice, the structure and design of our Website, as well as some Services or content.
3. Definitions
In this document, “Account” means the account that must be created to become a Member and access the
Services offered by the Website; "Brief" means the concise statement of the instructions and guidelines for a Awards Platform prepared by a Sponsor;"Awards Platform" means an invitation to submit nominations for “Projects or Initiatives” for prior year that deliver against any of the 4 award criteria’s outlined in the R&D Awards Nominations are submitted via the “Awards Platform” Website by a Member registered to participate in the Awards Program, and in accordance with the “Awards Platform” Rules; “Awards Platform Rules” refers to the rules applicable to an Awards Program which are binding between the Sponsor and each Awards Platform participant. In the event of discrepancies or contradictions with the T&Cs, the Awards Platform Rules shall apply;
“Community” refers to all Members of the Website; “Nominations and Supporting Information” all submissions, original ideas, documents or other materials (such as presentations, videos, etc.) uploaded to the Website by Members in support of a Nomination for the Awards Program “Member” means any individual having an Account on the Website; “Services” means all products, services, content, features, technologies or functions delivered by us via the Website; and "Sponsor"; means the company or organization that sponsors a Awards Platform and submits a Brief and Awards Platform to Members via the Website.
4. Opening an Account
A. Conditions
You must be 18 years or older. You must be 18 years or older to use our Services, and by opening an Account you declare that you meet this condition. You must have authority to bind your business. You confirm that you have authority to bind any business or entity on whose behalf you use our Services, and that business or entity accepts these terms.
B. Creating an Account
The Website allows Members to view and enroll in Awards Platforms and to interact with other Members, Sponsors or [Agorize] through message boards, chat, email and messaging. You can view the Briefs and Awards Platforms if you are not registered, but you cannot enroll in or participate in a Awards Platform without first opening an Account and becoming a Member.
To create your Account, you can either:
- complete the mandatory fields in the registration form (e.g., name, email and password). An
Account activation link will be emailed to you; your Account is activated once you click on the
link, or - open an Account using Facebook, LinkedIn, Twitter, or Google+. By using this feature, we will
access, publish and retain personal data obtained from these platforms. You can delete the
link between your Account and these platforms at any time. If you want to learn more, read
our Privacy Notice and those of such third-party platforms.
C. Accuracy of Account
Information You agree that your profile Account contains accurate and true information, and that you will update it, as needed.
D. Password
You are responsible for keeping your Account password confidential. You agree to inform us if there is an unauthorized use of your Account or a security breach, such as loss or theft of your login information.
5. Services
The Website is an online innovation platform on which Sponsors can create and post Briefs and Awards Platforms in which Members can participate, subject to the specific conditions of each Awards Platform as set out in the Awards Platform Rules.
As a Member:
- you may access a personalized space on the Website that contains your profile, allows you to view the Award Platform in which you have enrolled, and to communicate and exchange messages, including by email and chat, with Members, Sponsors, mentors, and [Agorize];
- you may register for the Awards Platforms, provided you meet the conditions of the Awards Platform Rules;
- you may participate in an Awards Platform, individually, as a representative of a business entity, or by creating or joining a team, as specified in the Awards Platform Rules;
- you may upload Nominations and Supporting Information in response to the Awards Platform, as specified in the Awards Platform Rules;
- you may retrieve the Nominations and Supporting Information that you submitted during your participation in a specific Awards Platform, as specified in the Awards Platform Rules. Sponsors may offer awards for the winning Nominations submitted by Members registered to participate in a Awards Platform, in accordance with the Awards Platform Rules. Sponsors are solely responsible for assessing all Nominations and Supporting Information and independently decide, in accordance with their own criteria, on the winner(s) of a Awards Platform. Decisions made by Sponsors are considered final.
You may communicate with other Members, mentors, [Agorize] or Sponsors via the Website. Any information you provide on the Website, both during registration and use of the Services (such as, public message board postings, emails, chats, Nominations and Supporting Information, etc.) is subject to the following:
- You agree that content posted by you will be accurate and will not: (i) infringe any third party’s copyright, trademark, patent or other proprietary rights or rights of publicity or privacy, or (ii) violate any law (including export control, unfair competition, anti-discrimination or false advertising).
- Regarding Deliverables, you guarantee that (i) you are the owner or authorized user of the intellectual property contained in your Deliverable and that (ii) you are not required to transfer your rights over the Deliverable to a third party pursuant to an employment relationship or other contract; or that (iii) you have obtained any necessary authorizations from your employer or co-contracting party before submitting the Deliverables. At any time, you may be asked to make legally binding warranties and representations to the Sponsor in relation to a Deliverable or any specific information that you submit.
- You are solely responsible for the content that you publish or upload to the Website, and for the transfer of technologies or information with which you are involved. [Agorize] expressly disclaims any liability or responsibility thereto.
7. Member Rules of Conduct on the Website
There are certain rules that apply to Members. When using our Website, you agree:
- to not submit to us or other Members, mentors, the jury, or Sponsors false, misleading, malicious or fraudulent information;
- to not post content of a defamatory, injurious, obscene, pornographic, vulgar, offensive, aggressive, uncalled-for, violent, threatening, harassing, racist or xenophobic nature, or with sexual connotations, inciting violence, discrimination or hatred, encouraging illegal activities, or more generally content that is contrary to good morals or the purposes of the Website;
- to not infringe the rights and image of [Agorize], such as its intellectual property rights;
- to not open more than one Account on the Website or open an Account in the name of a third party;
- to not use the Account of another Member;
- to not try to bypass the Website, such as by trying to contact or send a Sponsor your Nominations and Supporting Information outside of the Website;
- to not transfer data that contains viruses, worms, Trojan horses or any computer file or program that could interrupt, destroy or limit the functioning of any computer or network linked directly or indirectly to the Website;
- to not use any device, software or routine that could interfere with the proper working of the Website or which is intended to damage, interfere with, intercept or expropriate any system, data or personal information;
- to not to take any action (such as, spamming) that imposes an unreasonable load on our Website;
- to not violate the principle of confidentiality, which may exist within the framework of a Awards Platform; and
- to, more generally, not to act in a way that violates the law or breaches these T&Cs.
8. Confidentiality
Within the framework of an Awards Platform, you may be required to maintain certain information confidential.
You agree to defend, indemnify and hold [Agorize] harmless, from and against all claims, actions or demands, liabilities, and settlements, including, without limitation, reasonable legal fees, arising from your unauthorized and prohibited disclosure of confidential information.
9. Intellectual Property Rights
A. Member grant of license to [Agorize]
For the purposes of our Website and to enable the Services, you grant [Agorize] a non-exclusive license, free of charge, for the entire world and for the duration of your contractual relationship with us, to use the content and data that you submit on the Website. Specifically, you authorize us to display, distribute, publish, reproduce, represent, adapt, use and translate any content you provide, and to broadcast it via the Website and any other communication protocol and to share it with the public, Community and Sponsors.
B. [Agorize]’s IP Rights / Limited License
This Website is controlled and operated by [Agorize]. Our proprietary software, and our materials on the Website, including logos, trademarks, trade names, images, text, illustrations, audio, video files and the selection, coordination and arrangement of such materials, are protected by copyrights, trademarks, service marks, or other proprietary rights which are either owned by us or owned by other parties who have licensed their intellectual property to us, and all other trademarks, service marks, and trade names used on the Website are the property of their
respective owners. Subject to being a Member, [Agorize] grants you a non-exclusive, revocable, personal and non-transferable license, to use the Website, for your personal and private use, on a non-commercial basis and in compliance with the purposes of the Website. You are prohibited from any other use or exploitation of the Website and Services, and their content, without the prior written permission of [Agorize].
- reproducing, adapting, distributing, publicly representing and disseminating the Website, the Services, Briefs, Awards Platforms and the content of the Website;
- extracting or attempting to extract (notably using data mining robots or any other similar data collection tool) a substantial part of the data of the Website;
- copying, modifying, creating a derivative work of, reverse engineering, reverse assembling or otherwise attempting to discover any source code;
- modifying or attempting to modify the Website in any manner or form, except that you have the right to modify your self-generated content on the Website;
- framing or utilizing framing techniques to enclose any trademark, logo, or other proprietary information (including Awards Platform descriptions, images, text, page layout, or form);
- using any meta tags or any other "hidden text"; with [Agorize]’s name or trademarks. Any unauthorized use by you which contravenes the above terminates the license granted by us. All new versions, updates or changes to our Website, Services or related content shall be subject to these T&aCs. [Agorize] reserves all rights not expressly granted by the present T&Cs.
If you believe that your legitimate intellectual property rights have been violated by the
introduction of certain content on the Website, you must notify [Agorize] and provide us with the
following:
- Your contact information. If the claim is on behalf of a third party, please include proof of your right to represent the third party;
- Identification of the specific Website content that you consider is protected by intellectual property rights as well as its location on the Website (indicating the URL link);
- Accreditation of the aforementioned intellectual property rights; and reasons for the supposed violation.
[Agorize] has no control over the behavior of Members, Sponsors, mentors or other users of its Website. We do not control the information provided by others that is made available through the Website; other user’s information may be inaccurate.
By accepting these T&Cs, you acknowledge that [Agorize] does not control in any manner the nature, quality, legality or timing of Awards Platforms. You agree that [Agorize], in its capacity as an intermediary, does not provide any Awards Platforms and is not a party to any agreement entered into by you and the Sponsor with respect to an Awards Platform. [Agorize] has no control over, and is not responsible for the acts or omissions of Sponsors, or the quality, accuracy or legality of the Briefs or Awards Platforms. We do not endorse any Sponsor. Members act under their sole and full responsibility. In its capacity as an intermediary, [Agorize] cannot be held liable if a Awards Platform fails to
occur as intended, such as because of:
- erroneous information communicated by the Sponsor in its Brief or Awards Platform, or by any other means, with regard to the Awards Platform and its terms;
- cancellation or modification of an Awards Platform by a Sponsor;
- non-payment of the prize or award by a Sponsor;
- the behavior of its Members during, before or after a Awards Platform or at any other time.
You agree that regardless of any statute or law to the contrary, any claim or cause of action
related to your use of the Services must be filed within one (1) year after such claim or cause of
action arises, or be forever barred.
11. Account suspension, restrictions of access and termination
You can terminate your contractual relations with [Agorize] and close your Account at any time by clicking on the “Delete your profile” tab on your profile page or by contacting [Agorize]. The termination takes effect immediately. If you breach your undertakings as set out in these T&Cs or if we have genuine reason to believe that the security and integrity of [Agorize], its Members, Sponsors, or third parties are at risk, we reserve the right to:
- immediately terminate these T&Cs binding you and Agorize; and
- temporarily or permanently suspend your Account.
will decide, at its sole discretion, whether to lift the measures put in place.
12. Personal Data we collect and process
In using the Website and registering as a Member, you acknowledge and accept the processing of your personal data by us as set out in our Privacy Notice.
13. Operation, availability and functionalities of the Platform
We reserve the right to modify or suspend all or part of your access to the Website or its features, at our sole discretion, temporarily or permanently.
14. Hyperlinks
Our Website contains links to other websites. We do not control those websites and are not responsible for their content. By including these links, we are not endorsing the material on those websites or implying any association with their operators.
15. Modification of the T&Cs
These T&Cs and the documents integrated by reference express the entire agreement between you and [Agorize] relative to your use of the Website and the Services.
[Agorize] may modify these T&Cs to adapt to its technological and commercial environment, and to comply with the law. Any modification to these T&Cs will be published on the Website with mention of the effective date, and you will be notified by [Agorize] before the changes take effect.
16. Applicable law and dispute resolution
These T&Cs are governed and construed in accordance with [French law], without giving effect to any principles of conflicts of law. We invite you to submit to us any complaints that you might have using the contact information provided above. If a contractual dispute between you and [Agorize] cannot be amicably resolved, you may use mediation free of charge, and may consult https://www.economie.gouv.fr/mediation-conso to appoint a mediator.
jurisdiction of the competent court of [Paris,France].
For the exclusive benefit of [Agorize], [Agorize] shall also retain the right to bring proceedings as
to the substance of the matter in the courts of the country of your residence or, where these
T&Cs are entered into in the course of your trade or profession, in the country of your principal
place of business.
17. Webhosting
Region of operations (i.e. servers location) :
eu-west-3 (Paris, France)
Headquarters:
Amazon Web Services,
Inc. P.O. Box 81226 Seattle,
WA 98108-1226
http://aws.amazon.com
18. Credit for Website design and Publisher
Contact
AGORIZE
15 rue Béranger
75003 PARIS
contact@agorize.com
Tel.: (+33) 0 1 55 43 79 45
19. Effective Date
[January 1, 2023]