Article 1 - Introductory remarks and terminology
Keolis has chosen to publish, manage and make available, to its employees in particular, a platform providing them with a tool to upload images taken during the events of KeoLife Week.
For the purposes of these General Terms and Conditions of Use, the terms and expressions used below with a capital letter, in the singular or the plural, shall have the following meaning:
- means the person(s), employees of Keolis or the Keolis Group, responsible for the design, implementation, maintenance, operation and development of the Platform for the provision of the Services and management of Users’ rights.
- General Terms and Conditions or T&C:
- means this document and any other document referred to herein as an integral part thereof.
- means all information, data and elements, of any kind, in any forms or format, published on the Platform, which may be the subject of intellectual property rights. The Content is either Keolis Content or User Content.
- Keolis content:
- means all of the Content published by Keolis or the Keolis Group.
- User Content:
- means all of the Content published by Users.
- Keolis Group:
- means the group of companies constituted by KEOLIS SA and/or any company directly or indirectly controlled under the meaning of article 233-3 of the Commercial Code, by the KEOLIS GROUP SAS, a simplified joint-stock company with its registered address at 20-22, rue Le Peletier 75009 Paris, registered in the Paris Trade and Companies Register under number 494 321 276.
- means the Keolis company, a limited company with capital of €346,851,276, with its registered address at 20-22, rue Le Peletier 75009 Paris, registered in the Paris Trade and Companies Register under number 552 111 809, publisher of the Platform and supplier of the Services proposed via the Platform.
- Means the site accessible at the URL address https://keolife.keolis.com and any other site redirecting towards this site.
- Means all the features, applications and Content available via the Platform, provided by Keolis.
- Authorised Third Party:
- means any non-salaried individual of Keolis or the Keolis Group having a right of access to the Platform, granted by an Administrator.
- means any non-salaried individual of Keolis or the Keolis Group, or indeed any Authorised Third Party having a right of access to the Platform, granted by an Administrator.
ARTICLE 2 - OBJECT
The purpose of these General Terms and Conditions is to define the conditions under which Users are authorised to connect to the Platform made available by Keolis to benefit from the Services related thereto, and in particular to consult and use the Content.
The applicable General Terms and Conditions are those in effect on the date of each user's connection to the Site. It is specified that the company Keolis remains free, at any time, to add to, modify, correct or delete all or part of the General Terms and Conditions. These changes shall be deemed to have been brought to the attention of the Users simply by putting them online. Consequently, they are deemed to be accepted by any User accessing the Platform after their posting online Therefore, the User is encouraged to refer to them upon each visit in order to read the latest version available on the Platform.
Article 3 - Registration to the Platform and unsubscription
The User must create an account on the Platform in order to have a User account and load images on the Platform.
All Users are responsible for their username and password and agree to keep them strictly confidential.
Any connection to the Platform via a User Account and / or transmission of data carried out through a User Account will be deemed to have been made by the User, under their sole responsibility.
In the event of loss, theft or alleged use by a third party of his or her username and password, the User in question may obtain a new password via the Platform by ticking the "forgotten password" box. An email with a temporary link will be sent to generate a new password to the email address indicated upon registration by the User.
When the User wishes to unsubscribe from the Platform, he or she must send an email to the address: firstname.lastname@example.org, which is then forwarded to the Administrator.
The User account will be automatically deleted no later than one month after the end of KeoLife Week. Each year, a new account must be created in order to benefit from the Services.
Article 4 - Use of the Platform and Access to Services
Users are invited to share and consult Content published by the other Users and to use all the Services on the Platform subject to the conditions mentioned in the General Terms and Conditions (and, more specifically, in articles 5 and 6 below).
Users are informed and expressly agree that the Administrator and / or Authorised Third Party are authorised to monitor their use of the Platform to ensure that such use is in compliance with applicable regulations.
Within the framework of this control, Users are informed and expressly agree that the Administrator and / or the Authorised Third Party are authorised to moderate / modify or delete any Content published by the User that they consider to be non-compliant under the conditions provided for in these General Terms and Conditions
Article 5 - Rules of Conduct of Users
The Platform is made available to all Users for the purpose of uploading images illustrating the KeoLife Week.
The Authorised Third Party may conduct a prior check of the User Content posted by the User, the User who is the author of User Content being responsible for its content and therefore everything he or she chooses to put online on the Platform. In no case shall Keolis be responsible on the basis of the User Content which is put online by a User not holding the necessary rights to put such disputed User Content online.
Freedom of speech shall not infringe upon respect of others, human dignity or public order. Thus, when using the Platform, the User undertakes to put User Content online that is compliant with the regulations in force.
It is hereby understood that no unlawful content may be published on the Platform and in particular that which:
- Is contrary to public order and morality;
- Is defamatory, abusive, violent, obscene, pornographic, paedophile;
- By its very nature could undermine respect for human dignity, equality between women and men and the protection of children and adolescents;
- Encourages the commission of crimes and / or offences or inciting the consumption of prohibited substances or encouraging suicide;
- Incites discrimination, hatred of a person or a group of people due to their origin, membership or non-membership of a particular ethnic group, nation, race or religion;
- Apologises for certain crimes, including murder, rape, war crimes and crimes against humanity, terrorism;
- Emanates from political organisations;
- Incites or enables hacking (inciting piracy, intrusion into an automated data processing system, provision of pirated software or programs intended for fraudulent use of software);
- Consists of classified advertisements, messages for the purposes of surveys, contests, pyramid schemes or other similar operations, chain mail, spam, unsolicited advertisements or promotional items, advertisements and links to other sites;
- Infringes personality rights, copyrights, related rights and trademark rights, and any other intellectual property right;
- Damages the image and / or brands of Keolis and / or the Keolis Group.
In addition it is recalled that the Platform is a work tool made available by Keolis and that in this regard, the User undertakes not to publish User Content beyond this private sphere.
It is also recalled that before publishing User Content, the User must ensure that the User Content does not infringe upon third party rights and does not violate business secrecy (disclosure of confidential information, commercially sensitive information, etc.).
Article 6 - Moderation of User Content
With regard to the User’s Content put online by a User and their non-compliance with these Terms & Conditions and/or regulations in force, the Administrator or the Authorised Third Party may be led to modify / withdraw this User Content after it is put online by that User.
All Users may report User Content that they deem to be non-compliant by sending an email to the address email@example.com, which is forwarded to the Administrator. The Administrator or the Authorised Third Party undertakes to modify and/or withdraw all User Content not compliant with these Terms & Conditions and/or applicable regulations within a reasonable delay following its knowledge of the existence of such non-compliant User Content. This User must then provide a link to the disputed User Content.
In case of non-compliance with the above provisions, the Administrator or the Authorised Third Party also reserves the power to provisionally or definitively suspend the User’s access to their account without further formality. No claim may be made in this regard.
ARTICLE 7 - CONFIDENTIALITY
Each User agrees to respect the strictest confidentiality of the Content provided on the Platform and in particular:
- Not to disclose it to an unauthorised third party without the prior permission of the publisher of the Content;
- To use this Content only in the context of performing his or her duties within the Keolis Group. Any other use is subject to prior authorisation by the publisher of the Content.
- To keep his or her username and password confidential.
Each User agrees to immediately inform the Administrator of any risk of breach of confidentiality he may become aware of and, more generally, to report any anomaly on the Platform which may be contrary to these General Terms and Conditions by email to firstname.lastname@example.org.
Any User who breaches this confidentiality commitment shall have exclusive responsibility for all the consequences thereof and shall compensate the author of the published Content for the loss that this disclosure caused them.
The confidentiality obligation persists for the duration of the User's duties within the Keolis Group and will continue after he or she leaves the group, for whatever reason.
Article 8 - Intellectual property
8.1 Intellectual Property Relating to the Keolis Platform, Services and Content
Keolis Content, the Platform and all its constituting elements (including texts, presentations, videos, trademarks and logos...) and related software are protected by Intellectual Property Law and related rights reserved to the holders of these rights.
Keolis and the Keolis Group grant the User the right to use, exploit, display, reproduce and publish a limited number of copies of, in any form / format, by any process / via any network known or unknown to date, Keolis Services and Content. This is a non-exclusive, free, non-transferable, worldwide and personal licence, granted for the term and for the exclusive purposes of the performance of the User’s duties within the Keolis Group. Any other use, reproduction, representation, distribution or partial or total publication of these elements, in any form / format and for any purpose whatsoever (sales, advertising ...), is prohibited.
8.2 Intellectual property relating to User Content
Users hereby declare that they expressly agree to transfer their copyright to the images / photographs they publish on the Platform to Keolis SA.
Users assign in full to Keolis, exclusively and irrevocably, for the term of copyrights, and for the whole world, all pecuniary copyrights related to the images / photographs they publish on the Platform. In order to comply with the requirements of Articles L. 131-3 and L. 122-6 of the Intellectual Property Code, it is specified that the ceded rights include:
- the right to reproduce or cause to be reproduced, digitise or cause to be digitised, the images / photographs, in whole or in part, by any means and in any process, in any form, on any format, on any medium and any material readable by man or machine, known and unknown on the signing date of the Contract, and in particular on paper or derivative media, plastic, digital, magnetic, electronic or computer-based;
- the rights of use and exploitation of photographs/ images by Keolis or by a third party of its choice, all or in part, for any purpose whatsoever and in any respect whatsoever, for the needs of its own activities or for the benefit of third parties, by any means and any methods, in any form and any format, on any known and unknown media on the day of signature of the Agreement;
- the right to represent or have caused to be represented all or part of the transferred pictures/photographs, by any means and any methods of diffusion and communication, in any form and any format, on any known and unknown medium on the day of signature of the Agreement, in particular by any on-line telecommunications network such as the Internet, intranet, digital television network, over-the-air transmission, cable, satellite, WAP, fixed or wireless telephone networks, remote transmission, interactive telematics system, downloading;
- the right to adapt or cause to be adapted, through improvements, changes, deletion, porting, corrections, simplifications, additions, updating, integration into a work created or to be created, all or part of the transferred images / photographs;
- the right to publish or have published, edit all or part of the transferred pictures/photographs, by all means and any process, in any form and any format, on any medium and material that is human or machine readable, known or unknown on the day of signature of the Agreement;
- the exclusive right to file as a trademark, for any use whatsoever, for the purposes of its own activities or for the benefit of third parties, all or part of the images / photographs transferred;
- the right to transfer and / or grant all or part of the rights transferred.
All Users publishing User Content guarantee that they own or have obtained the intellectual property rights or authorisations required to publish that User Content on the Platform. They guarantee that the User Content does not violate the rights of third parties. In case of violation of third party rights, the User alone shall suffer the consequences.
Concerning the image rights of any people who may appear on the images published by Users, the User guarantees that he or she has obtained the necessary authorisations allowing him or her to publish the images on the Platform. Keolis provides authorisation templates on the Platform to be adapted on a case by case basis.
The User acknowledges and accepts that no exploitation of the User Content as authorised in this context shall give rise to any remuneration whatsoever.
The provisions of this article shall remain in effect throughout the term of the User’s mission within the Keolis Group and beyond its end, for any reason whatsoever, throughout the term of its availability from Keolis on the Platform.
ARTICLE 9 - PERSONAL DATA
Keolis is responsible for the processing of the data collected and processed on the Platform. For further information regarding the processing of your personal data, please refer to the Confidentiality Policy of the Platform.
Article 10 - Cookies and social networks
Concerning the management of cookies on the Platform, please refer to the Cookies management policy of the Platform.
ARTICLE 11 - LIABILITY
11.1. Keolis’s liability
Despite all the care taken in the creation and updating of the Platform, any errors, inaccuracies or omissions may occur. Moreover, Keolis will do everything possible to ensure the accessibility of the Platform and Services. Nevertheless, problems of connection to the Platform or interruptions to the connection may occur. Indeed, this accessibility may be suspended, in particular, for maintenance reasons and/or Internet network quality. Keolis does not offer any guarantee regarding interruption risks or malfunctions related to the connection, network congestion and/or computer systems, unauthorised third party intrusions and contamination of any viruses circulating on the said networks and/or computer systems. Keolis declines all responsibility for any direct or indirect damage that may result therefrom.
Where Keolis's liability is incurred, as a result of a breach of its obligations under these General Terms and Conditions, the injured party will be able to claim full compensation for all damages, it being understood that Keolis will not be liable for indirect damages. In any case, the liability of Keolis cannot be limited and/or excluded in case of personal injury, gross negligence or fraudulent misconduct.
11.2. Users’ liability
Users are solely responsible for their use of the Platform, the Services and the User Content that they publish / provide, including compliance of that User Content with the regulations in effect.
The User is prohibited from using any materials or software, inserting any data or element, likely to alter or prevent the proper operation of the Platform and the Services.
Article 12 - Applicable Law and Disputes
These General Terms and Conditions and all actions referred to therein are subject to French law.
These Terms are established in French, notwithstanding any translation which may be made therein. In any case, the French version of these Terms and Conditions of Use shall prevail over any other version in a foreign language.
In the event of any dispute arising out of the validity, interpretation, performance of these General Terms and Conditions of Use, the company Keolis and the User agree to meet to try and find an amicable solution to their dispute within a period of sixty (60) calendar days.
In the event of failure to reach an amicable solution at the end of this period, any dispute concerning the interpretation, validity, and/or performance of these Terms and Conditions of Use shall be submitted to the competent courts of Paris, including in the case of multiple respondents or third party appeals or emergency or protective proceedings, in summary proceedings or ex parte application.