TERMS AND CONDITIONS OF USE ASSEMBL These Terms and Conditions are effective as of 05/09/2019 INTRODUCTION BLUENOVE (hereinafter « BLUENOVE »), Simplified Stock Company, with a share capital of € 56 445, registered at the Trade and companies register of Nanterre under number 502 204 944, with a head office located at 96, rue Edouard Vaillant - 92300 LEVALLOIS-PERRET - FRANCE. E-mail adress: contact@bluenove.com Phone Number: +33141862120 The intra-Community VAT number of BLUENOVE is as follows: FR 77502204944 BLUENOVE owns and publishes the ASSEMBL platform designed to structure free expression for large groups (100 to several tens of thousands) made available to its customers. The ASSEMBL platform enables BLUENOVE’s customers to share their collective intelligence, organize their ideas and work and present them in a synthesized and intelligent way, in order to create a real cobuilding of new knowledge (" ASSEMBL Platform"). The website (Site) and the ASSEMBL Platform are hosted by Amazon Web Services EMEA SARL, Succursale Française, with capital of $1000Md, having its registered offices at 31 rue des Corolles, Tour Carpe Diem, 92400 Courbevoie, France, registered with the Nanterre Registry of Trade and Companies under number 831 001 334. VAT number: FR30831001334 The company [_____], a company [_____] with a capital of [_____] euros, registered the Trade and companies register of [______] under number [______], having its registered office at [_______] (or [the institution / territorial authority... whose head office is located [_______]) (hereinafter the "Customer") wished to carry out a collective debate on the subject of [______] for the purpose of involving users [employees / users / residents] (hereinafter the "Users"). The purpose of these Terms and Conditions of Use (hereinafter "Terms") is to define all the conditions under which Users use the applications and the functionalities of the Site in order to respond to the Customer's Calls for Contributions. The Terms are accessible on the Site in order to allow the Users to be able to keep them on a durable support. Acceptance of these Terms implies on the part of a User that he / she has the necessary legal capacity and, failing that, has obtained the express authorization of a tutor or curator if he / she is incapable person or his legal representative if he is a minor. In the event that the User has the status of employee, he undertakes to have the necessary authorizations from his employer. DEFINITIONS "Call for Contributions" means the call for contributions organized on the Site by the Customer to collect and organize a Contribution from a User. The Contribution is collected by BLUENOVE in accordance with the specifications of the Customer's Call for Contributions. "Terms" means the terms and conditions of use of the Site and ASSEMBL Plateform. "Contract" means the contract between BLUENOVE and the User, as a result of the acceptance of the Terms by the User. "Contribution" means contribution(s) of the User in response to Customer's Call for Contributions to the Site. Only Contributions in digital format filed on the Site may be processed within the framework of the Service. "Site" means the website accessible at the following address: ______ allowing Users to deposit their Contributions. "User" means a person who has created a user account on the ASSEMBL Platform and has accepted the Terms. TECHNICAL MEANS Before using the Site, the User must ensure that he has the technical and computer means to use the Site and that his browser allows secure access to the Site. The User must also ensure that the computer configuration of his hardware / equipment is in good working order and does not contain any viruses. PURPOSE The purpose of the Terms is to define the conditions of use of the Site as well as the rights and obligations of the User and BLUENOVE. DESCRIPTION OF THE ASSEMBL SERVICE Access to the Site The Site consists in providing Users with a contributory platform that allows Users to participate in the Customer's Call for Contributions. To participate in a Call for Contributions, the User is invited to register on the Site and create a User account with his / her login (email address) and a password. The username and password of the User are strictly personal. The User must inform BLUENOVE of any loss of this information without delay and BLUENOVE will provide him / her with new username and password. BLUENOVE accepts no responsibility for any loss or misuse of this information. The User guarantees to communicate, at the time of the inscription, the personal information valid, adequate and up to date, which can make it possible to proceed to his/her precise identification in case of dispute. Choice by the User of the Call for Contribution After the creation of his/her account, the User can access to Call(s) for Contributions proposed on the Site. The User then proceeds to deposit his/her Contribution under the conditions set out below in 5.3 and within the deadline set out in the Call for Contribution. All contributions are visible only by BLUENOVE and the Customer. The Contributions of the Users must respect the rules and conditions defined by the Terms. Modalities of communication of the Contribution by a User The communication of the Contribution by a User is carried out only on the Site according to the communication / downloading methods specified by BLUENOVE on the Site. Any communication of the Contribution by any other means will be rejected by BLUENOVE. OBLIGATIONS OF USERS The User undertakes not to transmit on the Site Contributions: Who could be characterized as an act of infringement and / or acts of unfair competition and / or parasitism; Contrary to regulations and applicable law, in particular, in the case of a press offense, violent, or pornographic, pedophile content; Who could harm the image and / or privacy and / or reputation of a natural person or legal entity; Whose intellectual property rights are held by a third party; Resulting from Third party work; Defamatory, abusive, outrageous, false or libelous towards third parties, natural persons or legal entities and / or BLUENOVE; Infringing the privacy, or image of individuals; Containing viruses, or any other malicious program; Threatening a person or a group of people; Violating the secrecy of correspondence; Violating business secrecy; Jeopardizing the IT security of BLUENOVE and / or any third party and in particular the other Users of the Site. The User also undertakes to comply with the provision of these Terms and to use the Site in accordance with applicable regulations and BLUENOVE's instructions. The User agrees to use the Site in accordance with these Terms. In this regard, the User agrees to refrain: To use the Site in any illegal manner, for any illegal purpose or in any way inconsistent with the Terms; to sell, copy, reproduce, rent, lend, distribute, transfer or sublicense all or part of the content on the Site or to decompile, reverse engineer, disassemble, modify, display in user-readable form any source code or use any software that activates or includes all or part of the Site; attempt to obtain unauthorized access to the Site's computer system or to engage in any activity that is disruptive, degrading, or interfering with performance or impairing the functionality of the Site; use the Site for abusive purposes by intentionally introducing viruses or other malicious programs and attempting unauthorized access to the Site; to infringe the intellectual property rights of BLUENOVE or the Customer; denigrate the Site and / or BLUENOVE on social networks and any other means of communication; If for any reason BLUENOVE considers that the User does not comply with the Terms, BLUENOVE may at any time, in its sole discretion, remove the User’s access to the Site and take any measures including any civil and criminal legal action against the User. No link (eg hyperlink or banner) may be created by a User to the Site without the prior and express consent of BLUENOVE. If a User or a third party wishes to create from his website such a link to the BLUENOVE Website, whatever the medium, he must first contact BLUENOVE by sending an email at the following address: contact@bluenove.com. Any silence of BLUENOVE should be interpreted as a refusal. The User agrees to cooperate with BLUENOVE so that the non-conforming, abusive, fraudulent and illicit information on the Site is removed as soon as possible. OBLIGATIONS OF BLUENOVE BLUENOVE makes its best efforts to make the Site available 24 hours a day, 7 days a week, during the Call for Contributions period, independently of scheduled maintenance operations. For safety reasons, BLUENOVE may: Make the Site offline; Cancel unconfirmed or inactive accounts for more than 6 months; Modify the Site and / or Platform ASSEMBL; or Temporarily or permanently cease the implementation of the Site and / or the ASSEMBL Platform. WARRANTIES The User guarantees BLUENOVE of the enjoyment and the peaceful exercise of the rights attached to the Contributions in accordance with the provisions of these Terms and that the Contribution is free of rights. To this end, the User guarantees BLUENOVE against any action, claim or opposition on the part of any person invoking a right to which the Contribution would have infringed, provided that BLUENOVE informs the User, as soon as he becomes aware of it, of any claim or proceeding brought or commenced for such reason, whether by judicial or extrajudicial means. RESPONSIBILITY Responsibility of BLUENOVE Subject to the provisions of the applicable law, BLUENOVE is solely responsible for direct dam