General terms and conditions

General terms and conditions (V001 - last updated on February 08, 2021)

Introduction:

When these Terms and Conditions use the terms "MeltingSpot", "we", "us" or "our", they are referring to MeltingSpot SAS, the company with which you are contracting.
MeltingSpot is a trademark of MeltingSpot (hereinafter referred to as "MeltingSpot"), a SAS with a capital of 57,465€, registered in the Paris Trade and Companies Register under number 841.913.239, whose registered office is located at 10 rue de Penthièvre 75008 Paris.
MeltingSpot develops and markets a platform for online and hybrid event organizers.
These TOS constitute a legally binding contract between you (hereinafter referred to as "User(s)" or "you") and MeltingSpot (as defined below). The TOU governs your access to and use of MeltingSpot's websites (www.meltingspot.io (https://www.meltingspot.io/), all subdomains attached thereto, any other websites that enable MeltingSpot to make the Services available, and your access to and use of our applications for mobile and other smart devices (collectively, the "Platform").
By accessing or using the Platform, you agree to be bound by these T&Cs and acknowledge that you have read and understand the terms of these T&Cs, whether or not you create an account (see below). If you do not accept these terms, you are not authorized to use the Platform.

Article 1 – Definitions
"General Conditions", "GC", "Contract": means these General Conditions of use of the Platform and Services;
"User Account": account created by a User on the Platform and allowing access to the Services offered by the Platform, subject to full acceptance of the Terms and Conditions;
"Contributions": means the content, messages, comments and videos created by a User on the Platform before, during and after an Event;
"Event": means a virtual and/or hybrid event organized on the Platform;
"Exhibitor": means a company or partner organization presenting its services on the Platform in the context of an Event;
"Fees": means the price of the Services to be paid by the Organizer or the Participants
"Organizer" means any member of or third party authorized by the designated entity to organize an Event on the Platform.
"Participant": means any person who has been invited or registered to participate in an Event on the Platform.
"Platform": means the website "www.meltingspot.io" and its sub-domains such as "app.meltingspot.io" ;
"Services": MeltingSpot is a platform allowing companies, individuals, associations to organize an online or hybrid event. To this end, MeltingSpot offers a list of Services related to each Event and intended for Users registered for an Event.
"User": means any natural person, Participant, Exhibitor or Organizer, acting on his behalf, having created a User Account after having validated the present GTC and wishing to benefit from the Services offered on the Platform.

Article 2 - Eligibility, registration and account creation
2.1 Eligibility
To be eligible to use the Services, the User must:
a - accept the present Terms and Conditions
b - provide all information relating to his identity as requested in the registration process, including, but not limited to, his first and last name and his email address.
c - not to infringe the intellectual property rights of MeltingSpot as specified in Article 7 of these Terms and Conditions
e - not to have been the object of a termination or suspension decided by MeltingSpot as provided for in Article 4 of these General Conditions
f - have Internet access allowing the use of the Platform Site and access to the Services
g - be of legal age or, failing that, have obtained the express consent of his legal representative prior to registration

2.2 Registration
Registration on the Platform is mandatory to have access to the Services; this registration is done directly from the Platform or by invitation from an Organizer.
MeltingSpot reserves the right to verify and moderate all information communicated by the User during registration on the Platform. The communication of false information, in whole or in part, may result in the termination or suspension of access to the Services.
Once the registration is validated, MeltingSpot sends a confirmation e-mail to the e-mail address provided by the User. This registration results in the creation of the User Account on the Platform, to which the User can connect by identifying himself through his email address.

2.3 Acceptance of the General Conditions

The use of the Platform and the Services accessible therein is subject to the acceptance of these General Conditions. These General Conditions may be modified or completed at any time by MeltingSpot. In the event of a major change, it must be validated by the User during his next use of the Services on the Platform.
The acceptance of the present General Conditions is materialized by a box to be ticked during the creation of the account. This acceptance can only be full and complete. The User who does not accept to be bound by the present General Conditions must not use the Services of the Site.

2.4 Modification of personal data

The User may, at any time, modify certain information that he or she has communicated as part of his or her registration, by going to his or her profile. The User can also modify or delete this information by sending an email to the following address team@meltingspot.io.

Article 3 - Description of the Services
MeltingSpot develops the MeltingSpot Platform, which offers a suite of services to companies and organizations wishing to organize a virtual and/or hybrid event.

3.1 Registration page
At the request of the Organizer, MeltingSpot provides Users with a page containing access to the Event registration form. All other information on this registration page is the sole responsibility of the Organizer.

3.2 Space dedicated to the Event
MeltingSpot develops its platform so that a space is dedicated to each of the Events that are organized. This space centralizes all the content, information and functionalities that the Organizer wishes to make available to Users registered for its Event.

3.3 Platform features
The Organizer is solely responsible for the choice of features selected and made available to Users, from the list of features developed by MeltingSpot on the Platform:
- live-streaming: streaming of live or pre-recorded video content;
- the control room: at the request of the Organizer, MeltingSpot can carry out the control room of certain video recordings;
- the Exhibitor space: provision of pages dedicated to the presentation of each Exhibitor present at an Event;
- appointment module: Users can use this service to make appointments with the Exhibitors present at the Event and available for such an appointment. The Exhibitor may refuse a request for an appointment;
- discussion group: possibility given to a User to create a discussion group with other Users;
- networking space: each User can see the complete list of Users registered on an Event, filtering it by center of interest. At the request of the Organizer, MeltingSpot can anonymize this list of Participants.
- Sending messages: each User can send a private message, via the Platform's chat, to another User. It is also possible to take part in the 'chat' type discussion opened on each of the video contents streamed on the Platform.
- the back office: this space allows the Organizer to configure its Event according to its needs, and the Exhibitors to configure their Exhibitor space if necessary.
The list of these functionalities is neither exhaustive nor definitive. MeltingSpot continues to develop the Platform to meet the needs of Organizers and Participants and reserves the right to add or remove certain features. These modifications to the features of the Platform are the sole responsibility of MeltingSpot. MeltingSpot is under no obligation to inform Users prior to such a modification.

3.4 Technical support
The Organizer undertakes to make its best efforts to use the Platform independently, using all the documentation made available by MeltingSpot.
However, MeltingSpot undertakes to assist the Organizer in the configuration of his Event.

3.5 Paid services
MeltingSpot may charge the Organizer a fee for access and configuration of the Platform. The price of this Service will have given rise to the acceptance and signature of a quote by the Organizer. The Organizer undertakes to pay the amount of this Service, in accordance with the terms of payment which will have been mentioned by MeltingSpot on the estimate.
In addition, certain services offered by MeltingSpot on the Platform may be subject to a fee for Users. The price of the Services is then set by MeltingSpot and communicated, on the Platform or by any other means, to the User prior to any purchase.

3.6 Other services
The list of Services offered by MeltingSpot on the Platform is likely to evolve. MeltingSpot continues to develop the Platform to meet the needs of Users. MeltingSpot reserves the right to add or withdraw certain Services. These modifications are the sole responsibility of MeltingSpot. MeltingSpot is under no obligation to inform Users prior to such a modification.

Article 4 - Termination of Services
4.1 Termination at the User's initiative

The present General Conditions are valid for an indefinite period. The User has the possibility to close his account on the Platform at any time by sending us an email at team@meltingspot.io.
It is however specified that the termination of the Services could not intervene in the case where the User would not have paid the totality of the sums due to MeltingSpot for its use of the Services.

4.2 Termination at the initiative of MeltingSpot

MeltingSpot may, at any time, close a User's account and/or terminate this Agreement for reasons of convenience by giving the User 14 (fourteen) days' notice by e-mail to the e-mail address registered on the Platform.
MeltingSpot may immediately, without notice, suspend User's account and/or terminate this Agreement and/or block User's access to the Platform (i) if User has violated these Terms and Conditions or, (ii) if MeltingSpot believes, in good faith, that such action is reasonably necessary to protect the safety or property of MeltingSpot or any of its partners, (iii) or if User has failed to pay for Services.
If User's access to or use of the Platform and Services has been restricted, or if User's account has been terminated by MeltingSpot, then User may not create a new account or attempt to access and use the Platform and Services through other accounts, except as expressly authorized by MeltingSpot.

Article 5 - Protection of personal data
Any personal information you post on the Platform will be treated in accordance with our MeltingSpot Privacy Policy. Click here to view our Privacy Policy.
It is however specified that the Organizer of an Event benefits, upon request to MeltingSpot, from access to the data and Contributions collected and produced in the context of the Event it has organized. The User also accepts by the present General Conditions that his personal data, and in particular his name, first name, email address, may be transmitted to an Exhibitor when he has requested an appointment with the said Exhibitor via the Platform, or when he has viewed content such as a Live session or a presentation, proposed by the said Exhibitor. It is therefore the responsibility of the Organizer and the Exhibitor to ensure that it complies with the applicable laws regarding the processing and protection of the data it has received through this means.

Article 6 - Obligations and limits of liability
6.1 For the User
The User undertakes to :
- not to use the Platform for illegal, unlawful or fraudulent purposes or to disseminate controversial, illegal, unlawful, distasteful or discriminatory information or content; in particular, the User shall refrain from using the Platform contrary to local, national or international laws or regulations;
- not to hinder the use of the Platform by third parties;
- not to use the Platform in a way that may cause damage to MeltingSpot or to third parties or infringe MeltingSpot's intellectual property rights;
- not to impersonate any person or entity,
- not to make false statements or other false declarations, in particular with regard to the Contributions published;
- not to interfere with the operation of the Platform or disrupt/interrupt the servers or networks connected to it, in particular to transmit any element, send or upload content containing computer viruses, etc;
- not to copy or reproduce the Platform or any of its contents;
- not to create a deep link to any of the sections of the Platform;
- not attempt to modify, translate, adapt, edit, decompile, disassemble or reverse engineer any of the software used by MeltingSpot in connection with the Platform or the Services.
The User understands and accepts that the Platform developed by MeltingSpot does not necessarily meet all his specific needs. It is the User's responsibility to ensure that the Platform is compatible with the User's needs prior to using the Services.
The User accepts that he is solely responsible for the contents and more generally for the Contributions that he may publish on the Platform. It is his sole responsibility to ensure the legality of his Contributions. He understands that these Contributions are public and visible to other Users of the Platform.
The User understands and acknowledges that the use of the Platform requires certain technical elements. In particular, the User undertakes to check the quality of its Internet network before using the Platform. The User understands that an insufficient quality of this connection could degrade, limit or prevent his Use of the Services. The User is also solely responsible for the quality of certain tools such as the camera or microphone that he wishes to use in the context of his use of the Platform. MeltingSpot cannot be held responsible in the event of problems resulting from faulty or insufficient technical elements.

6.2 For MeltingSpot
MeltingSpot will use its best efforts to ensure that the operation of the Platform and Services is uninterrupted, secure, and free of errors, bugs, and other problems. However, MeltingSpot cannot make any warranty in this regard. In particular, MeltingSpot cannot be held responsible for any difficulty in accessing the Services attributable to a third party or a case of force majeure.  
In particular, MeltingSpot undertakes to make its best efforts to limit the time the Platform is unavailable as a result of maintenance operations. The use of the Platform and the Services is at the User's own risk. The responsibility of MeltingSpot is limited to the direct and foreseeable damage attributable to the provision of the Services by MeltingSpot. MeltingSpot (or its managers, directors, or affiliates) may not under any circumstances incur liability for indirect or unforeseeable damage, whether material or immaterial, including loss of earnings, loss of business, loss of turnover, loss of profit, or loss of customers. In particular, MeltingSpot cannot be held responsible in the event that an Organizer decides to cancel an Event.
MeltingSpot does not guarantee the veracity or content of the elements put online by Users.
MeltingSpot reserves the right, at any time and at its sole discretion, to modify, suspend or discontinue any part of the Platform or to impose limits on certain features or Services, without notice and without liability to Users or any other third party.
- not to interfere with the operation of the Platform or disrupt/interrupt the servers or networks connected to it, in particular to transmit any element, send or upload content containing computer viruses, etc;
- not to copy or reproduce the Platform or any of its contents;
- not to create a deep link to any of the sections of the Platform;
- not attempt to modify, translate, adapt, edit, decompile, disassemble or reverse engineer any of the software used by MeltingSpot in connection with the Platform or the Services.
The User understands and accepts that the Platform developed by MeltingSpot does not necessarily meet all his specific needs. It is the User's responsibility to ensure that the Platform is compatible with the User's needs prior to using the Services.
The User accepts that he is solely responsible for the contents and more generally for the Contributions that he may publish on the Platform. It is his sole responsibility to ensure the legality of his Contributions. He understands that these Contributions are public and visible to other Users of the Platform.
The User understands and acknowledges that the use of the Platform requires certain technical elements. In particular, the User undertakes to check the quality of its Internet network before using the Platform. The User understands that an insufficient quality of this connection could degrade, limit or prevent his Use of the Services. The User is also solely responsible for the quality of certain tools such as the camera or microphone that he wishes to use in the context of his use of the Platform. MeltingSpot cannot be held responsible in the event of problems resulting from faulty or insufficient technical elements.

Article 7 - Intellectual Property
The Platform constitutes an intellectual work protected by copyright and other international laws on intellectual property.
The entire content of the Platform, which includes, in particular, texts, photographs, graphics, images, icons, technologies, software, links, domain names, trademarks and other audiovisual content, as well as their graphic representations and source codes (hereinafter referred to as the "Content"), shall be the exclusive property of MeltingSpot or of third parties whose rights are, where applicable, recognized by MeltingSpot, and shall be protected by intellectual or industrial property rights under the national or international legislation in force.
The User may use the Platform to access its Content and benefit from the Services offered. Any reproduction and/or representation, in whole or in part, of the Content of the Platform, on any medium, by any means whatsoever and for any other purpose is strictly prohibited without the prior express written consent of MeltingSpot.
Any breach of any of the intellectual property rights referred to above may constitute a breach of these conditions and be qualified as an offence of counterfeiting punishable under the provisions of the Intellectual Property Code and the Penal Code.

Article 8 – Communications
By accepting the present General Conditions, the User authorizes MeltingSpot and the Organizer to send him certain marketing and commercial information or information necessary for the proper understanding and operation of the Services.
This information may be communicated to the User by any means and in particular by email, notifications and SMS.

Article 9 – Marketing
The Organizer expressly authorizes MeltingSpot to use its brand and logo on its website. This use may not be made by MeltingSpot for purposes other than commercial and marketing.

Article 10 – Miscellaneous
10.1 Protection of databases

By application in particular of the provisions of Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases and of the applicable national laws, you expressly and irrevocably agree that the Platform and the Services provided through it consist of one or more databases provided by MeltingSpot in its capacity as database producer.
Any storage, extraction, use, reproduction, representation or conservation, direct or indirect, partial or total, including in the buffer, of any substantial part, qualitatively or quantitatively, of the contents of one or more of the databases held by MeltingSpot, carried out by one of the processes mentioned above, is strictly prohibited, including on media not authorized by MeltingSpot.

10.2 Transferability
This Agreement is entered into on the basis of the identity of the contracting parties. Each party may only transfer the rights and obligations under this Agreement (including personal data) with the express prior consent of the other party.
This provision does not apply to MeltingSpot (i) if MeltingSpot or one or more of its business entities, in charge of the operation of the Platform, is/are purchased by a third party company, or if (ii) an intra-group restructuring takes place, to another company of the MeltingSpot group.

10.3 Complaints
All possible complaints must be motivated, detailed and addressed to MeltingSpot at the following email address: team@meltingspot.io . MeltingSpot undertakes to respond as soon as possible.

10.4 Dispute management
French is the official language of these General Conditions. The French version prevails in case of discrepancies with another language.
In the event of a dispute arising between the Parties concerning the validity, execution or interpretation of these General Terms and Conditions, the Parties undertake to cooperate diligently and in good faith in order to find an amicable solution.
If, however, no agreement is reached within 3 (three) months of receipt of a letter notifying the other Party of the existence of a dispute, jurisdiction is expressly assigned to the Commercial Court of Paris, notwithstanding multiple defendants or warranty claims.

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