14 BERGERE EXPERIENCE – LEGAL MENTION AND General Application Use

GENERAL TERMS AND CONDITIONS OF USE
“14 Bergère Experience”

02/09/2020

The “14 Bergère Experience” Application (hereinafter the “App”) is published by BNP Paribas SA with capital of €2,488,925,578 and registered office at 16 Boulevard des Italiens – 75009 Paris, France, registered in the Paris Trade and Companies Register under the number 662 042 449, with VAT number FR76662042449 (hereinafter, the “Company”).

Contact information: archivesethistoire@bnpparibas.com

The App is hosted by Bearstech, whose registered office is located at 40 Passage des Panoramas 75 002 Paris, France, 01 70 616 016.

The legal representative & publishing director of the App is Roger Nougaret, Head of Archives and History of BNP Paribas.

 

Definitions:
“App”: means 14 Bergère Experience.

“Content”: means all information, publications, text, photos, illustrations, soundtracks and any other content available in the App [whether provided by BNP Paribas or its licensors (hereinafter the “BNP Paribas Content”) or by the User or via their Equipment or their User account (hereinafter the “User Content”)].
“Services”: means the content that the App offers, namely: access to archive documents and “audio comments”.

ARTICLE 1 PURPOSE AND APP TERMS AND CONDITIONS

1.1 PURPOSE
The purpose of these terms and conditions (hereinafter the “General Terms and Conditions”) is to regulate the access and use of the App by any user who accesses it (hereinafter the “User”).
1.2 APP TERMS AND CONDITIONS

Use of the Application is subject to the consultation and prior acceptance, without reservation and without conditions, of the General Terms and Conditions and to their full compliance by the User. The User undertakes to respect, every time they use the App, the present General Terms and Conditions Use, which are applicable to all Services available on the App.

Any contrary condition imposed by the User shall remain unenforceable against the Company, regardless of when it may have been brought to its attention or the format of its notification or acknowledgement.

The Company may modify the General Terms and Conditions at any time and without notice. In the event the General Terms and Conditions are amended, the Company will indicate that of the update to the General Terms and Conditions on the App. For all practical purposes, the General Terms and Conditions can be printed and/or saved and remain in any case permanently available on the App in their latest version.

The User shall be responsible for taking note of the latest version of the General Terms and Conditions each time they connect to the Application.

ARTICLE 2 ACCESS/AVAILABILITY/APP MAINTENANCE

2.1 App access

To access the App, the User must be connected to the Internet and the equipment used by the User for this purpose (hereinafter the “Equipment”) must meet some minimum requirements.

The App may be accessed for free by downloading it to the User’s Equipment. To use the Application, the User must have one of the smartphone models mentioned in the list below:
Apple – iPhone 8 Plus, iPhone 8, iPhone X, iPhone 7, iPhone 7 Plus, iPhone 6S, iPhone 6s Plus, iPhone SE
For users with an Android smartphone, the minimum system requirements are Android 7 “Nougat”.

Without prejudice to the foregoing, the Equipment must more generally meet the standards in force, in particular those on safety and interoperability.

The User is solely responsible for the how their system is configured and operates. The Company will be in no way responsible and no compensation or reimbursement will be due by the Company in the event of failure or of difficulty or inability to use the App for a cause related to this Equipment.

2.2 App availability

The Company shall strive, as far as possible and within the framework of a best-efforts obligation, to ensure a reasonable level of operation and availability of the App. However, the operation of the Application may be temporarily interrupted for any cause whether independent or not of the will of the Company, including in the event of force majeure, maintenance, updates or technical improvements, or to improve its content and/or presentation.

2.3 App maintenance

The Company reserves the right in particular, without notice or compensation, to temporarily suspend access to the Application to ensure maintenance operations linked to its technological developments. The Company will make changes to the existing functions of the App, in particular its ergonomics, its management and operating rules, as well as any corrections made necessary due to legal or regulatory changes.

This type of update can lead to an interruption in the service of the App, without the Company being able to be held liable for this.

The Company may extend, improve or otherwise modify the App or parts of it (collectively, the “Updates”) at any time. BNP Paribas, however, is not obligated to do so. If BNP Paribas provides App Updates, these Updates will be deemed to be incorporated into the App and will be subject to the terms of these General Terms and Conditions of Use, unless BNP Paribas decides otherwise in its sole discretion. These Updates may include, in particular the withdrawal of certain functionalities, without BNP Paribas being held liable for that.

The Company offers an online assistance service concerning the App available via the email: archivesethistoire@bnpparibas.com. This assistance office allows the User to inform BNP Paribas of any malfunctions present on the App. BNP Paribas will do everything possible to rectify any anomaly in the Application (understood as any non-conformity of the Application with respect to its documentation) within a reasonable timeframe. The User will receive assistance during normal office hours depending on where the User is located.

ARTICLE 3 INTELLECTUAL PROPERTY
3.1 The Company’s trademarks, logos, graphics, photographs, animations, videos, scripts and texts published on the App and the very structure thereof, are the property of the Company or are licensed to third parties. This content is protected by copyright, trademark law and other intellectual property rights or related rights held by the Company or its licensors, and may not be reproduced, used or represented without the express permission of the Company or its licensors, under penalty of legal proceedings.
3.2 BNP Paribas hereby grants the User a non-exclusive, non-transferable, non-transferable and non-sublicensable licence to use the App and consult the BNP Paribas Content, for personal and free use exclusive, for throughout the duration of the subscription to the Services and throughout the world, subject to compliance with the terms of these General Terms and Conditions of Use. No other right to the App is granted. The provision of the App can in no way be analysed as a transfer of ownership in favour of the User. Any other use by the User is prohibited without the prior written consent of the Company on a case-by-case basis.

3.3 The User is not authorised to:
(a) copy or reproduce all or part of the Application, unless such copy or reproduction is related to the normal use of the App, or if it is necessary for backup purposes;
(b) operate commercially, download, broadcast, transmit, distribute, rent, lend, sell, license or sub-license, distribute, assign, transfer or otherwise make available to a third party the App, in whole or in part (including object code and source code), in any form;
(c) translate, merge, adapt, alter or modify, in any way, all or part of the App;
(d) integrate the App, in whole or in part, into another program;
(e) make changes or modifications to the core functionality or source code of the App, or otherwise create any work derivative of all or part of the App;
(f) disassemble or decompile the Application or any part of it, or carry out reverse engineering, except in the cases expressly authorised by the applicable regulations (Article L. 122-6-1 IV of the French Intellectual Property Code).

3.4 The name, logo and any other distinctive sign of BNP Paribas or associated with the App (the “Trademarks”) are trademarks owned or licensed exclusively by BNP Paribas or its licensors. BNP Paribas or its licensors are the sole holders of the property rights that may be attached to the Brands. No right or license to the Brands is granted to the User.

More broadly, the User undertakes not to harm or attempt to harm the App in any way whatsoever and not to use software or any form of computer program intended to obtain or make available content that is protected or not freely available.

The User may inform the Company, by any means, of any error, fault, irregularity or malfunction that it notices in the use of the Site / App, as soon as it becomes aware of it.

ARTICLE 4 HYPERTEXT LINKS AND THIRD-PARTY CONTENT
4.1 Hypertext links from the App
The hypertext links available on the App may refer to third-party sites not published by the Company. They are provided solely to facilitate the use of resources available on the Internet. If the User uses these links, they are leaving the Application and then accepting to use third-party sites at their own risk or, where applicable, in accordance with the conditions which govern them.

The Company cannot be held responsible in any way whatsoever for these hypertext links.
4.2 Hypertext links to the App
The User may not use and/or insert a hypertext link that takes users to the Application without the express prior written consent of the Company on a case-by-case basis.

If the Company agrees, the User must point to the home page of the App without duplicating the home page or any other page of the App and the User undertakes to:

– Not to remove, modify or alter, in any way whatsoever, the size or appearance of the trademarks, logos or other distinctive signs of the Company;
– Not to create a window, frame or any other browser around the App;
– Not to imply in any way that the Company endorses or guarantees the products and services available on a third-party site / application / platform pointing to the Application;
– Not to mislead any other User or any third party or create confusion as to the User’s relationship with the Company and not to present false, misleading or untrue information, in particular about the Company or its products and services;
– Not to use the trademarks, logos or other distinctive signs of the Company for the purposes of this hypertext link without the prior express written consent of the Company on a case-by-case basis;
– Not to insert a link to the App from a site where the User is not the publisher; and
– Not to include on the User’s site, which would refer to the App, one or more elements that are defamatory, offensive, abusive or that violate the applicable press provisions, likely to violate the rights of third parties (or of another User) or that violate applicable law in any other way.
The Company expressly reserves the right to revoke the authorisation granted, if applicable, as provided for in this article and to take any appropriate measure in the event of a breach of these conditions. The User will be held liable for any direct or indirect damage linked to said breach or resulting therefrom.

ARTICLE 5. USER OBLIGATIONS

The User pledges not to:
(a) use or enable the use of the App abusively or illicitly, for illicit, fraudulent or malicious purposes, and especially but not limited to: (i) pirating the App or introducing a malicious code, including a virus, or data that could damage the App or any operating system; (ii) by using a spider or any other system, device or programme (automated or other) to extract data or information from the App or the BNP Paribas servers; (iii) by sending or storing documents containing viruses, worms, Trojan horses, or other codes, scripts, harmful agents or computer programmes; (iv) by interfering, or by violating the integrity and the performance of the App and the data it contains; (v) by attempting to obtain non-authorised access to the App, to its systems or associated networks; (vi) by attempting to gain unauthorised access to the accounts or personal information of other Users.
(c) using the App under other conditions different from those planned for in the present General Terms and Conditions of Use (especially Article 3 above) or in conditions prejudicial to intellectual property rights or to BNP Paribas’ reputation.
(d) using the App in a way that could damage, deactivate, overcharge, perturb or compromise the operation or the security of the App and the Company’s infrastructure;

ARTICLE 6 USER RESPONSIBILITY

5.1 The User recognises that they are solely liable for the use they make of the App (including the Services and/or the BNP Paribas) and the consequences of this use.
5.2 The User is solely responsible for all activities undertaken via the Application from their Equipment. In this regard, the User must ensure secure access to their Equipment. BNP Paribas cannot be held responsible for any fraudulent use of the App by an unauthorised third party via an Equipment.
5.3 The User must make sure that they have all of the licences and authorisations necessary to post and disseminate the User Content on the App.
5.4 To benefit from the augmented reality option of the app, the user must be equipped with a smartphone compatible with “Augmented reality” technology.
The User guarantees BNP Paribas (including its administrators, managers, employees and affiliated companies) against all action or claims made against it by any third party stemming from or linked to (i) their use of the App or use of the App by a third party or (ii) any other violation of its guarantees and obligations hereunder, and this before any competent court or authority whatsoever in France and abroad. The User will bear all costs and damages and interest accrued by BNP Paribas caused by this claim or intended action against it (including legal fees and defence costs), without prejudice to any damages that BNP Paribas could claim elsewhere.
The User will not attempt or propose to settle a claim or action concerning the App without prior written approval from BNP Paribas.

ARTICLE 7. COMPANY’S LIABILITY

7.1 The User acknowledges that the App is a standard application, which is provided to them as is and which has not been developed within the framework of a specific order. IT IS THEREFORE THEIR RESPONSIBILITY TO ENSURE THAT THE FUNCTIONALITIES AND CONDITIONS OF USE OF THE EXISTING APP COMPLY WITH THEIR REQUIREMENTS AND NEEDS. SO, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE REGULATIONS, BNP PARIBAS, ITS AFFILIATES, OR ITS REPRESENTATIVES, SHALL NOT BE LIABLE TO USERS FOR DAMAGES, DIRECT OR INDIRECT, RESULTING FROM USE, OR ACCESS TO THE APP, THE SERVICES OR THE BNP PARIBAS CONTENT, WHETHER THE USER IS ADVISED OR NOT OF THE POSSIBILITY OF SUCH DAMAGES.
IN PARTICULAR, ALTHOUGH BNP PARIBAS TAKES THE GREATEST CARE IN THE SELECTION AND DRAFTING OF BNP PARIBAS CONTENT, THIS CONTENT IS PROVIDED AS IS, WITHOUT ANY GUARANTEE OF COMPLETENESS, ACCURACY, RELIABILITY, TIMELINESS OR SUITABILITY FOR A SPECIFIC USE. LIKEWISE, BNP PARIBAS DOES NOT GUARANTEE THE UNINTERRUPTED OR BUG-FREE OR VIRUS-FREE OPERATION OF THE APP. THE USER THEREFORE DECLARES THAT THEY ACCEPT THE CHARACTERISTICS AND LIMITS OF MOBILE INTERNET AND APPLICATION OPERATING SYSTEMS, AND IN PARTICULAR ACKNOWLEDGES THAT: (I) IT USES THE APP IS AT ITS OWN RISK; THE APP IS ACCESSIBLE TO IT “AS IS” AND ACCORDING TO ITS AVAILABILITY AND (II) THE PROTECTION OF ITS OWN CONTENT IS ITS RESPONSIBILITY AND IT IS ITS RESPONSIBILITY TO TAKE ALL APPROPRIATE MEASURES TO PROTECT THEM FROM POSSIBLE VIRUSES.

7.2
THE COMPANY UNDERTAKES, WITHIN THE FRAMEWORK OF A BEST-EFFORTS OBLIGATION OF MEANS, TO PROVIDE ACCESS TO THE APP WITH DILIGENCE AND ACCORDING TO THE RULES OF ART. THE COMPANY MAKES ITS BEST EFFORTS TO ENSURE THE PROPER OPERATION OF THE APPLICATION, WITHIN THE LIMITS OF THESE GENERAL TERMS & CONDITIONS.
HOWEVER, THE COMPANY CANNOT GUARANTEE THAT ANY ERRORS OR ANOMALIES OR INTERRUPTIONS OR OTHER TROUBLESHOOTING WILL APPEAR DURING THE USE OF THE APPLICATION. LIKEWISE, IT CANNOT BE HELD RESPONSIBLE FOR ANY MOMENTANEOUS OR LASTING DIFFICULTIES OR IMPOSSIBILITIES OF ACCESS TO THE APP ORIGINATING IN CIRCUMSTANCES WHICH ARE EXTERNAL TO IT, DUE IN PARTICULAR TO DISTURBANCES OF THE TELECOMMUNICATION NETWORK OR RESOLUTION OR RESULTING FROM THE FAILURE OF THE USER, OF ANOTHER USER OR A THIRD PARTY AND/OR EQUIPMENT SECURITY OR OPERATING FAILURES.
THE USER IS INFORMED AND AGREES THAT THE APP IS PROVIDED TO HIM AS IS AND ACCORDING TO ITS AVAILABILITY.
THE COMPANY CAN SEE ITS LIABILITY ENGAGED BY THE USER ONLY IN THE SCENARIO OR CERTAIN AND DEFINITIVE PROOF WOULD BE ESTABLISHED OF A FAULT COMMITTED BY THE COMPANY CAUSING THE USER AN EFFECTIVE AND DIRECT DAMAGE. IF NECESSARY, THE USER WILL BE LIABLE FOR DEMONSTRATING THAT THE COMPANY HAS COMMITTED SUCH A FAULT IN THE PERFORMANCE OF ITS OBLIGATIONS HEREIN. THE COMPANY CANNOT SEE ITS LIABILITY ENGAGED FOR INDIRECT DAMAGES AND IN PARTICULAR ANY INDIRECT COMMERCIAL, MORAL AND / OR FINANCIAL DAMAGE SUFFERED BY THE USER, INCLUDING ANY LOSS OF PROFITS RESULTING FROM THE CAUSE, ORIGIN, OR BASIS, OF THE USE OF THE APP.
6.4 THESE GENERAL TERMS AND CONDITIONS OF USE STATE ALL OF THE OBLIGATIONS AND RESPONSIBILITIES OF BNP PARIBAS. BNP PARIBAS IS NOT BOUND BY ANY EXPRESS GUARANTEE, IMPLICIT OR LEGAL, TOWARDS THE USER.

 

ARTICLE 8. PERSONAL DATA AND COOKIES

8.1 Personal data

Any personal data not collected in the App.

8.2 Cookies

When browsing the Application, cookies may be placed on the User’s Equipment, subject to the choices that the User has expressed and that the User may modify at any time.

To find out more about cookies and their impact, the Company invites the User to consult its cookie policy available at: “https://histoire.bnpparibas/cookies/” of the site.

 

ARTICLE 9. APPLICABLE LAW AND COMPETENT JURISDICTION

These General Terms and Conditions are governed, interpreted and applied in accordance with French law.

FAILING AN AMICABLE RESOLUTION, ANY DISPUTE RELATING TO THE VALIDITY, INTERPRETATION, PERFORMANCE OR NON-PERFORMANCE OF THESE GENERAL TERMS AND CONDITIONS WILL BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE COURTS OF THE COURT OF APPEAL OF PARIS OR OF THE USER’S PLACE OF RESIDENCE, EXCEPT AS PROVIDED TO THE CONTRARY BY APPLICABLE LAW.

 

ARTICLE 10. GENERAL CLAUSES
Policy for notification of abuse If the User has a claim to make concerning any Contents whatsoever, they should contact paris_mcq_archives_et_histoire@bnpparibas.com. BNP Paribas reserves the right to delete this Content without warning.
Non-waiver The fact that BNP Paribas does not request at any given moment the full execution of a stipulation in the present Conditions of Use, in no way affects its right to do so at a later date.
Severability If any of the stipulations in these Conditions of Use prove to be void, in view of a prevailing legal rule or any legal decision having become definitive, they shall therefore be deemed as not written, but nevertheless shall not lead to the nullity of the Conditions of Use or its other stipulations.
Contact . Any clarification relating to the application hereof or any complaint related to the App must be addressed:
– by e-mail to the following address:
archivesethistoire@bnpparibas.com;
– by post to the following address: BNP Paribas – Archives & Histoire 16, rue de Hanovre CAT06A1 75002 Paris, France.

 

 

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Well of History

Since 1822, history has made us a key player and a witness of transformations taking place in society and economy in Europe and around the world. We invite you to share in our story and explore our archives to learn more about our constantly changing world.
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