GENERAL CONDITIONS OF PARTICIPATION
1) General provisions
The provisions of these general conditions of participation (hereinafter, the “General Conditions”) shall apply to all visitors and service providers (hereinafter, the “Participants”), who request admission to the various professional events organised by Immersion (hereinafter, the “Organiser”), a French Société Anonyme (public limited company) , whose registered office is located at 3 rue Raymond Lavigne, 33100 Bordeaux Bastide, France, and which is registered with the Bordeaux Trade and Companies Register under number 394 879 308.
These General Conditions shall also apply to parties who contract with the Organiser. The goods and services offered in connection with the event shall meet only the business requirements of any registered individual or legal entity. The Organiser reserves the right to refuse to contract with any person on any legitimate grounds, such as a dispute, etc.
2) Acceptance of contract documents
Any admission to the event shall be deemed the Participant’s total and complete agreement with and acceptance of the provisions of the General Conditions, available upon registration and all of which are available directly on the event’s website.
Any amendments or reservations that the Participant may make to the General Conditions in any manner whatsoever shall be deemed void.
3) Amendments to and priority of the General Conditions
The Organiser reserves the right to decide on all matters not covered by these General Conditions.
The General Conditions shall prevail over any general terms and conditions of purchase of Participants. In the event of a discrepancy between the French and English versions of the General Conditions, the French version shall prevail.
4) Postponement or cancellation of events
Until the opening date, Participants shall assume all risks associated with the non-occurrence of the event and, in particular, they alone shall bear costs they may have chosen to incur in anticipation of the event.
ADMISSION TO EVENTS
5) Allocation of invitations
Requests for registrations can be performed on the website of the event or directly from the organizer. The Participant will receive a final registration email after review of the application. The Organizer reserves the right to refuse an registration request free, for any reason.
6) Admission requirements
The Organiser reserves the right to refuse entry to or to have expelled, temporarily or permanently, any Participant whose presence, conduct or behaviour threatens the image, peace or safety of the event and/or of the Participants and/or the integrity of the site.
To gain admission to the event Participants must show an invitation pass, which the Organiser shall issue free of charge or for consideration in accordance with its own procedures. The distribution, reproduction or sale of admission passes in order for any person other than the Participant to derive a profit therefrom is strictly forbidden and is liable to prosecution.
FINANCIAL TERMS AND CONDITIONS APPLICABLE TO PARTICIPATION
7) Price and payment procedures
The registration fee, possible ancillary costs and the payment procedures and time periods are specified by the Organiser notably in the participation contract.
8) Cancellation of participation
The participation contract is final, non transferable and irrevocable, except with the Organiser’s prior written authorisation. The entire amount of the participation fee shall be owed in the following cases:
• The Participant cancels its registration on any date whatsoever and for any reason whatsoever; or
• At the time of its registration, the Participant provides information that is false, erroneous or becomes inaccurate and, as a result thereof, it is refused admission to the event;
with the exception of the occurrence of a force majeure event, as defined by Article 1148 of the French Civil Code (Code Civil) which, if proved, shall entitle the Exhibitor to a refund of all amounts paid.
9) Intellectual property
The Participant warrants the Organiser that it holds all intellectual property rights in the content defined below and in the materials exhibited, or that it holds the authorisations necessary to display and/or distribute them in connection with the event.
To ensure the complete transparency of the event, at the Organiser’s request, the Participant shall provide all the media containing them, related to the products and rights it offers.
The Participant shall hold the Organiser harmless in the event of any recourse on the grounds of non-compliance with these obligations.
12) Organiser’s media and content
The Organiser shall provide the Participants with communication material and websites specific to the event (hereinafter, the “Organiser’s Media” or “its Media”). The Organiser is the owner and publisher of this Media.
This Media is protected and the Participant shall therefore not use it in any manner whatsoever without the Organiser’s prior written agreement.
• Organiser’s Media and Content provided to Participants
All texts, videos, images, distinctive signs, data, IT applications and/or functionalities published in the Organiser’s Media, with the exception of those submitted by Participants (hereinafter, the “Content”), are the property of the Organiser and/or third parties and are protected by the French Intellectual Property Code (Code de la Propriété Intellectuelle) and the French Civil Code. Therefore, Participants shall in no event reproduce, modify, delete, distribute, grant and/or use them, in whole or in part, and in any manner whatsoever, without the prior written agreement of the Organiser or the right holders. Otherwise, Participants risk being liable or being held liable.
• Placing advertising on the Organiser’s Media
The Organiser shall determine the advertising spaces available on its Media and has a right to control all advertising distributed thereon in order to ensure compliance with applicable laws and protect the interests of the event and/or the Participants. In particular, the Organiser may delete any statements that may offend the public, present false or misleading information or promote unlawful or regulated activities, services or products, as well as any unlawful statement or image.
The Organiser may refuse to publish the text or advertisement at issue. In which case the Participant shall be reimbursed the price of the advertising space, to the exclusion of any other expenses, less sums incurred by the Organiser before it discovers the unlawful nature of the publication.
In the specific situation where a Participant has placed an order for advertising on the Organiser’s Media but fails to provide the Organiser with the information and documents necessary for publication in a timely manner, the Organiser reserves the right to make other arrangements with respect to such advertising space, in particular to publish the statement “Space reserved by …”, followed by the Participant’s name. In such case, the Participant shall not be entitled to claim a refund of the price of its order or any compensation. The documents used to publish advertising shall be returned to the Participant or its representative only upon request. The Organiser is required to keep such documents for one (1) year only, and may destroy them after such period.
INSURANCE AND LIABILITY
Participants shall ensure that they have taken out all insurance policies necessary for their participation. The Organiser declines all liability in this regard, in particular for the loss or theft of personal property.
15) Liability of the Organiser
The Organiser shall not be liable for any losses that Participants may sustain (including loss of use and business losses) for any reason whatsoever, with the exception of bodily injury.
The Organiser only owes the Participant a reasonable endeavours obligation.
Depending on the circumstances, the Organiser reserves the right to take the following actions, without the Participant being entitled to claim any compensation:
• Denied access to the event of the Participant’s partial or total non-performance of the provisions of the General Conditions;
• Prohibit the Participant from participating in the event for two (2) full consecutive years;
• Require the Participant to comply with a court decision that makes a finding of infringement.
These sanctions may be imposed without prejudice to legal action the Organiser may initiate to assert its rights and claim damages on the grounds of the Participant’s breach of contract.
The Participant shall be liable for expenses incurred in connection with the Organiser’s actions (in particular, bailiff’s costs, etc.).
In the event any of the above provisions is held to be void, such provision shall be severed from the agreement without affecting the validity of the other provisions of the General Conditions.
18) Governing law and jurisdiction
These General Conditions and the registration form, which are an adhesion contract are governed by French law.
The French versions thereof, which the Participant acknowledges it has read (during the registration and/or on the event’s website and/or upon written request from the Organiser) are the only versions binding the parties, which the parties expressly acknowledge.
The Participant undertakes to seek an amicable resolution with the Organiser before initiating legal action before the competent courts. THE PARTIES EXPRESSLY AGREE THAT IN THE EVENT OF A DISPUTE CONCERNING THE VALIDITY, INTERPRETATION OR PERFORMANCE OF THE ABOVE PROVISIONS, THE COURT WITH JURISDICTION OVER THE ORGANISER’S REGISTERED OFFICE SHALL HAVE EXCLUSIVE JURISDICTION TO HEAR SUCH DISPUTE.