GENERAL CONDITIONS OF USE
These General Conditions of Use govern our relations with the users and those who interact with Exhibeat. Any access and/or use of the www.exhibeat.com website assumes the acceptance and compliance of all of the terms of these Conditions and unconditional acceptance of them. As such, they form a contract between the Service and the User. In the event the user does not accept any or all of these general conditions, he is asked to refrain from any use of the Service.
Exhibeat can modify these General Conditions of Use from time to time; any modification will become effective as soon as it is published on the Exhibeat website. Continued use on your behalf of the Exhibeat Services after a new version of the General Conditions of Use indicates your consent to this new version. Consequently, it is important that you read these Conditions of Use on a regular basis in order to ensure that you are aware of any changes that can be made to them.
LEGAL INFORMATION
Exhibeat and its logo are registered trademarks.
The exhibeat.com website is published by:
Exhibeat, Inc. | Limited company listed in the Company and Trade Registry as number | R.C.S 511 007 262
The exhibeat.com website is hosted by the OVH company
RIGHTS AND RESPONSIBILITIES
Your using Exhibeat or your accessing Exhibeat indicates your acceptance of this Declaration of Rights and Responsibilities. By using the Exhibeat Services, you accept to be bound by these Conditions of Use, whether you are a "Visitor" (which means that you are simply browsing the Exhibeat Website, in particularly via a mobile device, or that you use the Exhibeat Services in another manner without being registered) or whether you are a "Member" (which means that you have signed up with Exhibeat). If you would like to become a Member, communicate with other Members and/or use the Exhibeat Services, you must read these Conditions of Use and accept them during the sign up process.
1. RESPECT OF PRIVATE LIFE
According to Article 9 of the Civil Code, each individual has a right to respect concerning his or her private life. Judges can, and without prejudice for repairs of the damage incurred, prescribe any measures, such as sequestering, seizure or other, in order to prevent or cease a breach into intimacy of private life: these measures can, in an emergency, be ordered via an emergency ruling. The Exhibeat team is particularly vigilant as to complying with your private life. We invite you to read Exhibeat's confidentiality policy.
2. CONTENT
You alone are responsible for:
- The content that you publish on and via the Exhibeat Services
- Content means any information pertaining to the profile, blogs, groups created, evenings, events, etc. Exhibeat is in no case involved with the modification or suppression of offers and/or services that are proposed. No claim can be filed against Exhibeat
- Any document or information that you transmit to other members
- And for your interactions with the other Users.
You have the obligation to:
- check that the Content you publish on or via any Exhibeat Service, and any document or information that you transmit to others, complies with all current laws pertaining to data confidentiality and protection
- ensure that you have obtained prior consent from all of the individuals of whom you use and/or divulge personal information on or via Exhibeat.
- transfer to us the right to use the content of the intellectual property that you publish (photos, videos, etc.). This intellectual property license is terminated when you delete your intellectual property content or your account (except when your account is shared with other people who have not deleted it).
When you delete your intellectual property content, this content is deleted in a way that is similar to emptying the trash bin on a computer. However, you understand that the deleted content may persist in backup copies for a certain period of time (but that they are unavailable).
Exhibeat reserves the right to reject, refuse to publish or remove any of your publications (private messages in particular) or to refuse, limit, suspend or interrupt your access to all or a portion of the Exhibeat Services at any time and for any reason whatsoever, with or without any prior notice or explanation, and cannot be held liable for this. Exhibeat does not assume any obligation to control the Exhibeat Services for the purposes of looking for inappropriate Content or behavior. Exhibeat explicitly reserves the right to remove your profile and/or refuse, limit, suspend or interrupt your access to all or a portion of the Exhibeat Services if Exhibeat considers, at its sole discretion, that you have violated these Conditions of Use or that you represent a threat for Exhibeat and/or its Users and/or that you are violating any law whatsoever in effect.
3. CONTEST RULES
- Members can participate in song, dance or modeling contests.
- The contest is open to professionals and amateurs.
- There are no prizes other than to be featured on the first page of the website and in the contest section
- Contest winners will be granted Exhibeat services:
- Unlocking of all the website's functionalities that are not free
- Offering of personalized pages in order to enhance their profiles
- Participation in video clips, albums of known artists or invitation to evenings subject to availability.
- Participants must send videos or photos of themselves in order to receive votes from other members.
- A member can participate in 3 contests.
- Video or photos that do not represent the member will be erased and the member will lose all of his or her votes automatically.
- Winning a contest unlocks many features on the website and allows for extended exposure to website members in order to promote one's talent.
Duration:
- The contest takes place over a period of 1 month by default but its duration may vary from one session to another according to decisions made by the Exhibeat staff.
Ranking:
- Ranking is done according to the number of votes received over the duration of the contest.
- The members who have received the most votes are displayed on the website's homepage in their respective category (dance, song or model).
- Leaders are displayed in real time.
- In the contest section, the display for the leaders is more detailed and is also arranged by sub-category.
- At the end of the session the winners appear in the Exhibeat winner history.
Votes:
- The leader is the one with the most votes in his or her category.
- Silver vote (free) = 1 vote
- Gold vote (at cost) = 10 votes
- When a member offers a Gold vote to another member, the latter is informed so that he can then thank him.
- A medium (photo or video) can receive only one Silver vote per week from a member, while Gold votes are unlimited.
4. SECURITY
We want Exhibeat to be a safe service, but we cannot guarantee absolute security. For this, we need your help, which includes the following obligations:
- You will not use Exhibeat for the purposes of illicit, illegal, malicious or discriminatory activities
- You will not publish insulting content or that which encourages racism, hate or physical aggression of any nature whatsoever against any group or individual
- You will not harass or encourage the harassment of another person
- You will not exploit people in a violent or sexual manner
- You will not publish content that is shocking, contains excessive violence, nudity, or links to an adult internet website
- You will not develop and will not exploit a third-party application containing or promoting content pertaining to alcoholic beverages or for adults without access restriction based on age
- You will not solicit personal information from people under the age of 18 years
- You will not distribute information that can cause or create a risk of confidentiality or security for any person
- You will not deliberately promote information that is false or untrue or encourage the practice of illegal activities or conduct that is abusive, threatening, obscene, or defamatory
- You will respect copyright: do not encourage illegal or unauthorized copying of third parties protected by copyright, in particular by supplying hacked software programs or links that point to them, by supplying information making it possible to overcome anti-copy protection systems or by supplying hacked music or links to hacked music files
- Do not transmit unsolicited electronic mail, electronic mail chains or unsolicited electronic mass mailing, unsolicited instant messages or unsolicited commercial electronic mail
- Do not serve the cause or promote any criminal activity or enterprise or supply information and instructions pertaining to illegal activities, including, but not limited to, the manufacture or the purchase of illegal weapons, violation of the private life of a person, or the supply or creation of computer viruses
- Do not solicit the passwords or identifiable personal information from Users for illegal or commercial purposes
- Do not engage in commercial and/or sales activities without prior written permission from Exhibeat, such as contests, random drawings, bartering, advertizing or pyramid operations
- Do not publish a photograph or video of another person without the consent of said person
- For profiles concerning groups for music, humorists, film directors, and other profiles, do not make use of suggestive sexual content or any other content that is unfair, untrue or misleading intended to attract traffic to the profile
- Do not publish any content that violates rights concerning confidentiality, publicity, copyright, trademarks, contracts or any other rights of any person
- Do not promote propaganda and/or symbols or organizations that are unconstitutional or illegal in your country
- Do not allow or encourage any infractions against this Declaration.
5. ACCOUNT ADMISSIBILITY, REGISTRATION AND SECURITY
The use of Exhibeat Services and the registration as a Member of the Exhibeat Services ("Membership") shall be considered as null and void if they are carried out in violation of what follows:
- You will not supply any false personal information on Exhibeat and will not create an account for another person without their authorization
- You maintain the accuracy of the information provided (Updating of your contact information)
- You are at least 13 years old (Your profile can be deleted and your Membership interrupted without notice from us if it appears to us that you are less than 13 years of age, or if it appears to us that you are less than 18 years old but you claim to be older or if it appears to us the you are more than 18 years old but you claim to be younger)
- You will not divulge your password, you will not allow someone else to use your account and you will conduct yourself in such a way that does not compromise the security of your account. You are fully responsible for maintaining the confidentiality of your password. You accept to not use the account, username or password of another Member at any time or divulge your password to a third party. In the event you suspect an unauthorized use of your account or access to your password, you accept to inform Exhibeat immediately.
- You will not transfer your account without first having obtained written permission from us.
6. IDENTITY THEFT
- You cannot use, reiteratively, over an electronic communications network, the identity of a third party or data that is personal to this person, with the purpose of disturbing the tranquility of this person or of anyone else. Identity theft is punished by law.
- The fact of using, over an electronic communications network, the identity of a third party or data that is personal to this person, with the purposes of degrading his or her honor or consideration is punished in the same way
7. CELL PHONE
Exhibeat offers cell phone services free of charge. However, it is the rates that are applied by your operator that will be practiced, such as for sending SMS.
Your Exhibeat account must be updated within 48 hours in the event of a change in cell phone number or deactivation of your cell phone. This is to prevent messages intended for you from being sent to the person who has your old telephone number.
8. SPECIAL CONDITIONS APPLICABLE TO SHARED LINKS
You have the possibility of adding the shared link button to your website. In this case, here are the conditions that must complied with:
- We have the right to use these links and content on our Exhibeat website
- You have the right to use the Exhibeat link sharing button, in order to allow you to publish links or content from your website on Exhibeat
- You will not use the shared link button on a page with content that is in infraction with this Declaration.
9. SPECIAL CLAUSES APPLICABLE TO DEVELOPERS / OPERATORS OF APPLICATIONS AND WEBSITES
There are special additional conditions if you are a developer or operator of an application that uses our platform, a website using Exhibeat or if you use our platform in general:
- Your application must comply with our rules that are specific to the platform
- You are held responsible for your application and for its content
- You are held responsible for the manner in which you use the platform
- When Exhibeat users add your application or connect it to their Exhibeat account, they give you in light of this the right to obtain certain pieces of information concerning them. Your access to this data and the use that you make of it will be limited as follows:
- You will use the data the you receive solely for the purposes of your application
- You will use the data the you receive solely within the framework of Exhibeat
- Users must know in what way this data will be used
- You can use this data only after having obtained prior approval from the users
- When an Exhibeat user deletes or interrupts the link with your application, you have the obligation to delete all of the data concerning this user
- In the event your application is deactivated or any request from us, you will have the obligation to delete all of the data collected from Exhibeat
- We can require that you update the data that receive on our behalf
- Your access to the data may be limited
- Any use of the data that you receive on our behalf must obtain prior approval from us
- You can provide us with the data or content of the users only after obtaining prior approval from them
- The deletion or interruption of the link with your application must be simple for users to carry out
- You may be contacted by the users
- We can communicate your electronic address to users
- You will provide a technical assistance service for your application
- Advertizing or web search fields in Exhibeat profiles are prohibited
- We provide you with all of the rights needed for the use of code, API interfaces (with the content and the data received) or tools that we suggest to you, but only within the framework of a use with your applicationV
- You will not sell, you will not transfer and you will not offer any sublicense for our code, our API interfaces or our tools
- You will not present your relations with Exhibeat in an incorrect manner
- You can publish a press release that describes your relations with us
- The platform is free of charge, but this situation is subject to change. You will be kept informed of this
- We have the rights that allow us to operate your application on Exhibeat, to analyze it, and verify it for the security of our users
- We do not sign any exclusivity with you, and we have the right to offer applications that are potentially competitive with your
10. ADVERTIZING ON THE EXHIBEAT WEBSITE
THE MEMBER
Our objective is to offer advertizing that is advantageous for our advertisers, but also for the members. For this, you accept the following conditions:
- No advertiser will have access to your data
- In order to avoid any association of your profile with this content, it is up to you to use your confidentiality settings to limit the way in which your profile name and photo can be associated with commercial content or sponsored content. You give us permission to use your profile name and photo in association with this content, in accordance with the limits that you have set.
ADVERTIZING CONTRACT
You can purchase advertizing space on the Exhibeat website in order to target your audience. Hereinbelow are the conditions that apply to advertisers (In order to publish in the name of a sponsor, you must provide us with proof that you have permission for this):
- When you place the order, you inform us of the type of advertizing that you wish to purchase, the amount that you wish to spent and your offer. If we accept your order, we will display your advertisement in the order of inventory flow.
- You settle the cost of your orders in accordance with our Terms of Payment.
- Your advertisements must comply with our advertizing rules.
- We will decide the size, location and position of your advertisements.
- We do not provide any guarantee as to the activity that your advertisements will generate, nor the rate of clicks that they will receive.
- We have no control over the behavior of users with regards to your advertisements. We are not responsible in the event of fraud in terms of clicking or other acts that can affect the operating cost of advertisements.
- You will not propose any contests or lotteries ("promotions") without prior approval from us in writing. If we accept, you are solely responsible for the promotion and comply with our rules pertaining to promotions and all of the laws that apply.
- You can cancel your order at any time via our on-line portal, keeping in mind that it can take up to seven days before the advertisements are actually stopped.
- Our operating license for your advertisements expires once the order has been executed. You understand however that if users have interacted with your advertisements, the latter can remain visible until the users have erased them.
- We can make use of your advertisements and related information for the purposes of marketing or promotion.
- For any publication, press release or public declaration concerning your relations with Exhibeat, our prior authorization in writing is required.
- We can refuse any advertisement, without having to justify why.
- You guarantee that you are legally authorized to accept this Declaration in the name of your sponsor.
- You are responsible for the advertiser that you represent; if the latter does not comply with this Declaration, we can hold you liable.
CONFIDENTIALITY
Exhibeat is a social network that was designed to facilitate sharing information with your friends as well as with the people in your circles. We ensure that your personal data remains confidential, that is why you have permanent control and access to your information.
You alone can decide whether or not to display information in your profile, in particular your contact information and personal information, your photos, your videos, your centers of interest, the events in which you participate and the groups that you belong to. In addition, you can select the users with whom you share this information using the confidentiality settings.
We are constantly working on the ergonomics of the Exhibeat website in order to assist you in finding information on other users easily. If you have any questions or ideas, please do not hesitate to inform us.
By using or accessing Exhibeat, you accept the practices stipulated in the Confidentiality Policy.
HOW WE USE THE INFORMATION THAT WE COLLECT
When you sign up at Exhibeat, you provide us with certain pieces of personal information (name, electronic address, telephone number, address, sex, etc.).
When you connect to Exhibeat, we record the type of browser you are using and your IP address. This information is collected for all Exhibeat visitors (visitors and members). In addition, we store certain pieces of information from your browser by using "cookies". A cookie is a small data file saved to your computer by your browser at the request of the website that you are visiting. It allows your computer to be assigned a profile or a quality, at least during the time you are browsing the site. This duration can be changed via your browser's settings. A cookie created by a website cannot be read by another site, which limits straightaway the security risks. It cannot contain any private information if you have not entered any into a form on the website in question. Likewise, your browser and no website can guess your name, postal address, email address, etc. That is why the profile or the quality of a cookie is assigned to your computer, more precisely to your browser, and not to your person.
When you use Exhibeat, you can update your personal profile, your relations, send messages, perform searches and send invitations, create groups, update events, add applications, vote for contests as well as transmit information in various ways. This information is retained in order to provide you with personalized functions and services.
This information is saved in order to allow you to retrieve all of your personal information (messages, friends, etc.). When you update your personal information, we keep the old versions for a limited period of time (this information can then be recovered if needed).
If you choose to use our invitation service in order to recommend our site to a friend, we will ask you to supply the information needed to send the invitation, such as your electronic address. These addresses are recorded in our database. Your friend can request that we remove this information at any time.
Other sources allow Exhibeat to collect information about you, using blogs, instant message services or through the intermediary of other Exhibeat users (e.g. a marking on a photo). This source of information allows Exhibeat to provide you with more useful information and a personalized experience.
The information in your profile is used by Exhibeat in order to allow you to access and modify it. Other users of this service can add to this information, via the wall for example.
The profile information sent can be accessed by the members of your network(s) to which you have granted access (e.g.: school, geographical location, friends of your friends, etc.). Your name, the names of your networks and the miniature photo in your profile will be available in the search results in the Exhibeat network. This limited information can also be accessed by third party search engines. As such, you friends will be able to find you and send you an invitation. However, access to the information in your profile is reserved for people that have a relation with you (friend, friend of a friend, member of your networks, etc.).
Exhibeat can inform you electronically of any action on the website, you can opt to no longer receive these emails. Exhibeat however does reserve the right to send you messages about your account, even if you have requested to no longer receive the optional electronic notification.
LINKS
- Exhibeat can contain links to external sites.
- Exhibeat cannot be held liable as to the confidentiality pertaining to these sites
MODIFICATION OR DELETION OF INFORMATION
Exhibeat users can at any time modify or delete any information concerning their profile by connecting to their account and by modifying this information in the settings sections. These modifications become effective immediately. Cancelling can be done via the 'unsubscribe' link at in the bottom left-hand corner on every page in the site.
Your information will be retained for a certain lapse of time and then will be definitively deleted. During the lapse of time when it is available, no member can access it.
However, any communication of the personal message type can be deleted.
CONTACT
If you have any questions, you can contact us by via email, at
contact@exhibeat.com