Xianti - RAMP reserves the
right to modify and expand the Services & benefits or some
of their features at any time according to Section 12
"Modification".
3.1 Visitors & access to non-Member ContentBy browsing the Platform, Users may access to
certain information and Content. The present TOU governs the
conditions of access and use of the Platform and its Content.
No registration is required. If You have not registered for the
Newsletter, or created a Member account, You can still access
the Platform and certain Content, but You will not be able to
access and benefit from all the features, Content, and
Services.
Nonetheless, as part of the access and browsing of the Platform,
we may have to install certain Cookies, and propose to install
some others for the purpose of ensuring user experiences in
access and use of the Platform.
To access to the Newsletter and other Services and benefits,
registration is required.
3.2 NewsletterThe aim of our Newsletter service is to keep our
Members updated about news and events with respect to the
Platform, Xianti - RAMP activities, and Services and available
Content.
The subscription procedure consists of the simple registration
of a valid e-mail address, which will become the reference
address where the Newsletter will be sent to.
Validation of the subscription form implies full and complete
acceptance by the User of these TOU including the terms on
registration in Article 4 below.
Newsletters are sent automatically to Members using the
referenced e-mail address provided by the Members at
registration. The frequency of the issuance of the Xianti - RAMP
Newsletter is random.
The content of the Newsletters is provided exclusively by the
Platform communication team.
Newsletters are
distributed for information purposes only and cannot be used for
consulting or other commercial purposes
The subscription to the Newsletter service is not mandatory and
free of charge.
You can unsubscribe at any time by clicking on the link at the
end of the e-mail (click
here to
unsubscribe)
of the Newsletter.
3.3 Other Member Services & benefits
3.3.1 Conditions of Access
The
registration procedure consists of filling the
Signup Form
according to Article 4 below.
These TOU are binding on the Member who acknowledges them by
ticking a box provided for this purpose, having read them and
having accepted them before signing up.
You can terminate Your account and membership using Your
Personal Center.
3.3.2 Members Services & Benefits
This includes receiving the Newsletter.
This also includes the Services & Benefits described in the
Table and in particular receiving an invitation to a
Competition. To participate in a Competition, the Member shall
first accept the related Challenge Rules which will govern all
activities under such Competition event.
3.4 Availability of Services
If the Platform or certain Services are updated for
maintenance, emergency fix, or a technical evolution, the
Platform and/or Services will be temporarily unavailable.
Certain options indicated on our Platform may not yet be
available at registration while their implementation is
estimated to occur later and such projected date may be
indicated on our Platform. In the event of early opening or
delay in opening a Service or new functionality or feature of
existing Services, we will keep You informed on the Platform on
the related pages.
If the Services You registered for are not available (e.g.,
access and participation in a Competition), please
contact us to
inform us about any problem relating to Your registration or
account.
The Services are made available for free, Xianti - RAMP hereby
disclaims, and any User agrees by using or registering with the
Platform, that Xianti - RAMP maintains the Platform, and/or any
of the Services or Content. The Xianti - RAMP team will provide
information with reasonable advance notice of any substantial
modification or discontinuation of any provided Services or of
the Platform.
The interruption of the Services, whatever the cause, duration
or frequency, will not engage the responsibility of Xianti -
RAMP and will not entitle the User to any compensation.
The Services may be terminated by either the User or its legal
representative, or Xianti - RAMP if, further to an event of
force majeure, the User is prevented from using the Services, or
Xianti - RAMP is prevented from making those Services and/or
Content available.
Any services on third party
service platforms are independent from Xianti - RAMP control and
responsibility, and are subject to terms and conditions of such
third party service providers.
4. REGISTRATION & ACCOUNT CREATION - PASSWORD AND
CREDENTIALS
In order to access to certain functionalities, Content,
or Services through the Platform, You will be required to create
an account, and set up a User profile.
Additional terms or requirements for certain functions,
Contents, or Services, and in particular to register and
participate in a Competition, may apply, as the case may be, and
will have to be agreed when registering with such Membership,
the Competition, or any other specific Services. In case of any
conflict between such additional terms and the TOU, the
additional terms shall prevail on the aforementioned terms for
certain functionalities, Content, and/or Services.
To create an account as a Member, and then as a Participant, and
the access to related Services, Content, and other related
benefits and functionalities, You will have to fill in manually
the registration form on our Platform and in particular,
complete all the mandatory fields. Optional information will
permit more optimized management of the Services and Content
available under such status, but are not required for such
registration. Certain information which is not required for a
specific status may however be required if You wish to register
under an upper membership status or some Competition. Only one
account per User
.
To register or create Your account, You must submit full and
accurate information. This will include certain personal
information such as Your Last and First Name(s) and email
address and educational information. You will find a description
of the processing of Your data in our
Privacy Policy.
Once registered, You will receive a confirmation email with a
link to click to confirm the email address and User intent to
subscribe to register and/or create the Member and Participant
account.
Where a password was created for registration, You will be
provided with a temporary password that You must subsequently
change on Your first connection to our Platform.
For any portion of the Platform which requires You to create an
account or set up a user profile, the information You provide
must be truthful and accurate. The information that You supply
during registration process may be corrected during the
registration process by going back to the previous screens and
correcting the wrong information. You are advised to regularly
review and update all information in order to maintain its
accuracy.
The User will gain access to the applicable and available
Services and Content using her/his credentials. Any use of the
Platform using her/his user credentials will be considered to
have been done by the Member her/himself.
You shall not impersonate another person or entity, or forge
Your identity to access this Platform, except as expressly
required for purpose of the Services. You shall not authorize
third parties to use Your account, nor assign nor in any way
transfer Your account to any other individual person or
entity.
You agree to keep Your account information secure and
confidential and to never allow another person or entity to
access Your account or profile using Your username or password
at any time, otherwise You may be held liable for the losses
incurred by Xianti - RAMP or any other users or visitors to this
Platform. You are advised to immediately inform the Xianti -
RAMP team if You lose/forgot, disclose Your password or found
any fraudulent or unauthorized use of Your account.
Xianti - RAMP will not be liable for any errors, omissions,
inaccuracies arising from the information You have provided, nor
for any damage that may result for You, for other Users or third
parties from the same.
The User agrees to maintain the security and secrecy of her/his
credentials at all times and is responsible for the use of the
Platform and for all the actions carried out on the Platform
with her/his user credentials and his/her password, unless
her/his account is used after it has been closed, or after
notification to Xianti - RAMP team of an abusive use of her/his
account. The User is sole responsible for the use made of
his/her account by a third party where Users have not expressly
notified Xianti - RAMP team of the loss, fraudulent use or
disclosure of her/his password and other account details to a
third party.
By using and registering on the Platform, and agreeing to the
Contract, You agree therefore to comply with the laws applicable
where You use the Services and accessing and using the Contents,
and You may use the Services only for legal purposes. Xianti -
RAMP reserves the right, at its sole discretion, to suspend, or
terminate Your access to the Platform and/or any Services, if
You are breaching such TOU.
For the avoidance of
doubt, any services of third party service platform is
independent from Xianti - RAMP control and responsibility, and
are subject to terms and conditions of such third party service
provider.
5. COMMENTS / FORUM / TEAM DISCUSSION
Members may provide comments on publications on the
Platform either on the Platform and/or any other media, such as
social networks used to communicate and/or exchange on the
Challenges.
The Xianti - RAMP forum and other group discussions on
identified third party service platform are open to all Members
who will have read and write access depending on available
Services, and for exchanges and discussions on third party
service provider platforms, subject to agreement on the terms
and conditions of such third party service provider.
Members may participate in (i) the Forum made available on the
Platform by creating an account on their Personal Center and
signing up to the Forum and/or, where available, and (ii) any
other group discussions on third party service provider
platforms by registering with such third party services
platforms. For such purpose, Members shall acknowledge, accept
and respect the basic rules of courtesy and the legislation in
force as well as the Ethical Behavior and code of conducts rules
as set forth in Article 6 of these TOU; and for group
discussions on third party service provider platform, Members
shall read, acknowledge, and accept applicable third party
service provider terms and conditions including their privacy
terms.
You understand, acknowledge, and accept that other Members may
view, read and respond to the messages of other Members posted
on the comments space, forum, Team group messaging, other
messaging systems, and/or any public other discussion areas on
the Platform and/or third party service provider platforms. For
any personal correspondence please use Your personal contact
details directly and not the Platform and its Services.
Xianti - RAMP reserves the right, at its sole discretion, to
reject or remove Your post, and messages or other Content, or
ask the same from third party service providers, if You are
found to be violating the TOU as per Article 6.
6. ETHICAL RULES & CODE OF CONDUCT
Exchanges and posting of Contents on the Platform are moderated
a posteriori, i.e., no message or Content will be read by Xianti
- RAMP team before its publication. Messages, Comments, and
Content are therefore published immediately, but are subject to
control by the moderation team and the administrators of our
Platform, after publication by the Members.
The role of the moderation team and the administrators is to
ensure the proper functioning of the forum, by rejecting any
posts, messages or Contents that, by their unworthy character,
detrimental to persons, destructive, or obviously off-topic,
harm exchanges and image of the Platform. The Xianti - RAMP
moderators and administrators also exclude all messages and
Content contrary to the laws in force and communicated Ethical
Rules and Code of Conduct.
Exchanges and postings of
Contents on third party service platforms are subject to
compliance with their applicable ethical rules and policy,
including their applicable monitoring and moderation rules and
processes.
The following are thus likely to be
moderated and eventually rejected (non-exhaustive list):
-
messages or other Content of a racist, xenophobic, hateful,
harmful, homophobic, sexist, or defamatory nature, or
pointing to or referring to messages or content of similar
nature;
-
messages or other Content including infringing materials
(copyrights, trademark, or other intellectual property
rights), or pointing to or referring to messages or content
of similar nature;
-
obscene, pornographic, or harassing messages or Content;
-
messages or other Content containing specific contact
information such as telephone number, mailing address, whose
origin and accuracy are unverifiable by the moderators or
could result in harm to individuals;
- messages published in multiple copies;
- off-topic or controversial messages or Content;
-
messages in abbreviated language or that are too loosely
spelled messages written entirely in uppercase.
Users shall not collect information about other Users in order
to send them unsolicited messages and/or to integrate them into
a referencing service or equivalent, whether free of charge or
for a fee.
Xianti - RAMP reserves the right to remove or, where made on a
third party service platform, request from such third party
service provider to remove any illegal Content or Content that
does not comply with the Contract that has been previously
identified by Xianti - RAMP team or reported by any other User,
or any third party such as third party service provider.
In case of non-compliance with those rules and guidance, the
Xianti - RAMP team may take certain sanctions against the
concerned Users. The highest sanction is a ban and consists of
completely blocking a User's access to the Platform, the
Services and/or Content or some part thereof, and where
applicable on the group discussion on the third party service
provider.
Any User may
contact the Xianti - RAMP
team
and/or, where applicable, the third party service dedicated
contact,to identify any such message or Content.
Such
User should
- declare her/his identity,
-
describe the alleged Content with related details including
its location on our Platform,
- give the factual and legal grounds for such report,
-
provide copy of previous exchanges with the author of this
Content to request its modification or withdrawal and/or the
justification that You were not in capacity to contact such
alleged author, and
-
follow conditions applicable to the access and use of the
third party service provider published by such third party
service provider.
Any manifestly abusive report may be subject to recourses and
sanctions, including suspension or termination of the
registration and Membership.
7. CONTENT - IPR & TRADEMARKS
7.1 Xianti - RAMP Content and IPR
Xianti - RAMP or its licensors own and retain all rights,
including all applicable intellectual property rights, in all
Content. All Contents published or made available on and or from
this Platform are protected by copyright laws (droit d'auteur),
and/or subject to other intellectual property rights of Xianti -
RAMP or its applicable rights holders, unless otherwise
stated.
Without prior written consent of Xianti - RAMP or other related
parties, Users shall in no event reproduce, extract, make
excerpt, modify, promote, distribute, photocopy, played,
disassemble, reverse engineer, decompile, link, or transmit with
hyperlinks, load into other Platforms or servers, in "mirroring
method", or any sharing methods (including but not limited to
peer to peer or torrent solutions), store in information
retrieval system, or otherwise use for any other purpose, by any
means, any of the Content published or otherwise made available
on or from the Platform.
Unless You have obtained relevant license through other
agreement entered between You and Sүmеrіо, nothing in this TOU
grants any right or license to Software Content to You, and You
shall not
-
reverse engineer, decompile, disassemble, split, adapt,
implant, or implement other derivative works on the Software
Content,
-
research the internal implementation of Xianti products,
obtain product source code, or steal intellectual property
rights in any manner, and/or
- disclose results of any benchmark tests.
The Content made available on the Platform shall be used only
for the purpose of benefiting from the Services and
participating in the RAMP Challenge(s). The User shall read,
acknowledge, and accept the license terms applicable to such
Content before accessing and using them, and strictly comply
with the terms of use applicable to such Content. In particular,
the User who wishes to reproduce all or part of a Content must
imperatively check to have such rights according to its access
and use rights applicable to her/his subscription. By default
the rights granted is a read right only. Any re-sale, exchange,
rental of files, or transfer to a third party is strictly
prohibited.
All domain names, trademarks, and logos displayed, mentioned or
otherwise used in this Platform are property of Xianti - RAMP or
its licensors as stated if applicable. You are not permitted to
use any of these trademarks or logos in any way without explicit
prior written permission from Xianti - RAMP or the owners of
related rights as applicable.
Although Xianti - RAMP has attempted to provide accurate
information on this Platform, it assumes no obligation or
responsibility whatsoever regarding the accuracy and
completeness of the information. To the full extent permitted by
applicable Xianti - RAMP assumes no responsibility for
information, news, and items inserted on this Platform from
third party/parties. As host of this information and/or Content
put online by the User via our Platform, Xianti - RAMP is
subject to reduced liability status under articles 6.I.2 and
following of the law nº2004-575 of 21 June 2004 for Confidence
in the Digital Economy (modified by "la LOI n° 2020-766 du 24
juin 2020 visant à lutter contre les contenus haineux sur
internet). Xianti - RAMP may change the Contents available on
this Platform mentioned at any time and without notice.
7.2 IPR of contributions and content provided by
Members
The Contributions You will submit and summitted by
other Users on the Platform to a RAMP Challenge are submitted
under BSD 3 clauses license terms.
Any other Content, such as comments, messages, articles,
publications, including video, posted and contributed by any
Member to the Platform, where permitted, either on the forum, or
by in-messaging systems, or as part of other Member status
related Services, shall be provided and made available to Xianti
- RAMP for free, without any royalty, on a non-exclusive,
worldwide non-revocable basis, for the protection applicable to
such provided Content, for purpose of storing, correction,
adaptation, modification (e.g., to adapt to format suitable for
the publication), reproduction, representation, broadcasting,
publication and electronic distribution or any other
dissemination, on or through the Platform and its media-library
as part of the operation of the Platform and the Services,
except as expressly otherwise agreed with Xianti - RAMP in
writing under separate express agreement.
The aforementioned Members guarantee Sүmеrіо that they have
necessary rights, including intellectual property rights and
personality rights (such as, in particular, the copyrights, and
right to individual "image") necessary for the use of the
Content they provide or otherwise make available through or from
the Platform, and do not infringe or otherwise misappropriate
the rights of third parties and do not breach the laws in force,
and in particular the provisions relating to defamation, insult,
privacy, image rights. Any contributing Member shall then
guarantee Xianti - RAMP against any possible recourse by a third
party concerning the use and publication of such Content as part
of the Platform and the Services.
7.3 UNAUTHORIZED ACCESS & USE
Any
unauthorized access or use of the Contents and other
contributions of Participants, their intellectual property
rights, domain names, logos, and trademarks are subject to the
civil and/or criminal liability of its author and may lead to
legal proceedings against them.
Any User may
contact the Xianti - RAMP team
to identify any such infringement of or by any Content.
8. LINK TO THIRD PARTY WEB PAGES OR SITES, OR
CONTENT
Although links to third party Platforms, forums, blogs,
pages, or other servers ("Websites"), may be posted and
displayed on this Platform for Your convenience, Xianti - RAMP
shall not bear any responsibility for any content of any such
Websites. You might need to review and agree to applicable rules
of use when using such Websites and their content. In addition,
a link to a third-party Website or to its content does not imply
that Xianti - RAMP endorses such Website or its publication,
messages, contents, or any of the products or services
referenced therein.
Any communication services from third party service providers
used by Xianti RAMP, are independent from Xianti RAMP control
and responsibility, and are subject to terms and conditions of
such third party service provider that Users shall read,
acknowledge, and accept if they wish to use such other services.
9. PERSONAL DATA & PRIVACY - COOKIES
The Xianti - RAMP
Privacy Policy including
Cookies Notice published
hereunder is applicable to the use of Personal Data on or
through this Platform. Such Policy may be accessed here.
By using this Platform and its Services or Content, and
registering as Member and then Participant, You agree on the
related Privacy Policy and Cookies Notice.
Any use of communication services from third party service
providers are independent from Xianti RAMP control and
responsibility, and are subject to terms and conditions and
privacy terms of such third party service provider that Users
shall read, acknowledge and accept if they wish to use such
other services.
10. IMAGE RIGHTS
The Users may be filmed or photographed during an event.
By joining and attending online events of the Platform and in
particular at a RAMP Challenge event and/or by providing Your
picture or image via video conference systems, You agree to the
use and the distribution of Your image by the organizers,
including for promotional events occurring after the RAMP
Challenge events. The production and distribution of films and
photographs of the event will not lead to any compensation of
the participants.
Xianti - RAMP shall be authorized to use photos of You free of
charge for internal purposes of documenting the RAMP Challenge
events and related activities including promotional activities
therefore, for an unlimited time period, without any
restrictions of mode of use (online and offline use is
included), in the EU and outside of the EU, as specified in the
Xianti - Ramp
Privacy Notice.
Users hereby agree and commit to sign any required documents to
confirm such authorization, in particular for any events such as
a RAMP Challenge award ceremony.
11. LIMITATION OF WARRANTY AND LIABILITY
Xianti - RAMP
will make reasonable efforts to ensure the good operation of the
Platform, and ensure the proper functioning of the Platform and
its accessibility, but Xianti - RAMP shall only have a limited
obligation of means ("obligation de moyen") regarding the
continuity of access to the Platform, Contents, and the
Services.
In no way Xianti - RAMP warrants that the functions of the
Platform will be uninterrupted, error-free, free of viruses and
the like, whether this concerns the present Platform, or any
other site or the Services, and the Content provided or made
available. To avoid inconveniences as much as possible, Xianti -
RAMP advises Members/Participants to make backups to the extent
possible and allowed.
Users are sole responsible for their internet network connection
and the costs incurred in connecting to that network or use of
equipment. Users are responsible for ensuring that the technical
characteristics of the equipment they use allow them to access
the Service(s) and/or Contents, in particular with regard to the
transmission of data, documents or other Contents such as the
Contributions, over the internet, and to take any measures
appropriate to protect against any malware infections.
Xianti - RAMP can in no way be held responsible for any errors,
omissions, inaccuracies arising from information provided or
made available by any User, nor for any damage that may result
for other Users or third parties. Xianti - RAMP may, in this
context, delete information and/or manifestly illicit content
that is notified.
TO THE FULL EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS,
AND SUBJECT TO ANY EXPRESS TERMS HEREUNDER STATING OTHERWISE,
ALL INFORMATION, CONTENTS, AND SERVICES PROVIDED ON THIS
PLATFORM ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES,
GUARANTEES OR REPRESENTATIONS OF ANY KIND. HUAWEI - RAMP HEREBY
EXPRESSLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL
EXPRESS, IMPLIED, STATUTORY OR OTHER WARRANTIES, GUARANTEES OR
REPRESENTATIONS, INCLUDING BUT NOT LIMITED TO, THE LEGAL, AND/OR
CONTRATCUAL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
Unless otherwise agreed in writing by Xianti - RAMP in any other
specific contract, to the extent permitted by the applicable
law, Xianti - RAMP and any of its affiliates, subsidiaries,
directors, agents, employees, or other representatives shall not
be liable for the materials, data or information, or services
available from this Platform, regardless of the reason of the
liability or the civil liability it relates to. Xianti - RAMP
may only be held liable in the event of proven fault or
negligence and this will be limited to any direct damage
suffered by the User and in any event, where Xianti - RAMP is
determined as being liable, its maximum aggregate liability
under or in connection with this Contract, and/or the
performance of the Services, on all grounds combined, shall be
limited as a whole and for all grounds to the total amount paid
by the User for the portion of the Service which is concerned if
any. As host of the information and/or Contents put online by
the Users via our Platform, Xianti - RAMP is subject to reduced
liability status under articles 6.I.2 and following of the law
nº2004-575 of 21 June 2004 for Confidence in the Digital Economy
(modified by "la LOI n° 2020-766 du 24 juin 2020 visant à lutter
contre les Contenus.
In any case, neither Xianti - RAMP nor any of its affiliates,
subsidiaries, directors, agents, employees, or other
representatives shall be liable for any indirect, special,
incidental, consequential, punitive, and/or exemplary damages
including without limitation, loss of profits or revenues, loss
of data, loss of opportunity, loss of business, and/or damage to
image or reputation, in connection with this Platform, its
Content, or the use of or inability to use this Platform, or its
Content, reliance on the Contents contained herein, or
difficulties inherent to the functioning of the Internet network
and more generally of the telecommunication networks, whatever
their nature, due to a third party or a case of force majeure,
even if Xianti - RAMP is advised of the possibility of such
damages.
12. MODIFICATIONS
Xianti - RAMP may modify these TOU and/or Challenge
Rules. If changes are made, a notification will be sent to You
by email or via the Platform to allow You to review the changes
before they take effect.
If You continue to use the Platform Services after we post or
send notice of changes to these terms and conditions, to the
full extent permitted by applicable laws You will be deemed to
accept such changes. The TOU and/or Challenge Rules that will be
binding on You will be those in effect at the time You use the
Platform Services and Contents, and You participate in the RAMP
Challenge of concern.
13. CANCELLATION – TERMINATION
13.1 By User
Users may
unsubscribe from our Platform, at any time using the procedure
made available in the Newsletter, or at their Personal Center,
or by contacting us by email at
contact address.
Such termination will result in the termination of the TOU and
access of the Services and Contents. Such termination will be
effective within thirty (30) business days of Xianti - RAMP
receiving the request to unsubscribe or deregister.
Such request for termination will result in the deletion of Your
Personal Data from our databases subject to retention policies
under the Privacy Policy and applicable laws &
regulations.
Members may unsubscribe from a Competition, as described in the
Challenge Rules, subject to rules related to Teams.
13.2. By Xianti - RAMP
If a request to register for our services is not made in
compliance with the terms of the TOU, Xianti - RAMP team
reserves the right to postpone or reject such registration.
When we notice that a User, a Member of the Platform does not
comply with the Contract or any part thereof, we will contact
him/her to warn him/her that a sanction may be taken. Sanction
may include temporary suspension of the account. Should the
breach not be cured or could not be cured, we will be obliged to
further suspend or cancel permanent access to all or part of the
Services, and/or Content. Xianti - RAMP team will contact You
beforehand by email to inform You of any sanction.
13.3. Effect
Termination shall not affect the retention of copy of any
Content submitted as contribution in course of a Competition.
Any personal Data will be anonymized if a Participant requires
to have his/her Personal Data to be removed.
14. LAWS & FORUM
The Contract
and any contractual and non-contractual disputes in connection
with them shall be governed by, construed, and take effect in
accordance with French law, without reference to conflict of
laws rules. Any dispute arising out of or in relation to the
Contract shall be brought to an amicable settlement.
In case of failure to reach an amicable settlement, to the full
extent permitted by applicable laws, the parties submit to the
exclusive jurisdiction of the French courts sitting in Nanterre,
France, to decide and settle any claim, dispute or matters
arising out of or in connection with the Contract or established
by them (whether on a contractual or non-contractual ground).
[DATE OF EDITION : 12/05/2022]
© 2021 - Xianti - RAMP Team
All rights reserved