Conditions of Use

 These General Terms of Use (hereinafter the “Terms of Use” govern the relations between:

 The APVO Company, a corporation under Californian law, with head offices located at 301 Howard Street, Suite 1440, San Francisco, CA 94 105, USA,

Hereinafter « APVO »,

On the one hand,

AND

Users of the website referenced as http://business.viadeo.com/.

Hereinafter, jointly or singly, the « User(s)»,

On the other hand.

APVO and the Users are hereinafter referred to solely as « the Party » and collectively as « the Parties ».

Preamble

APVO operates an internet platform accessible at the www.viadeo.com address (Hereinafter « Viadeo ») allowing members to create and publish online, under certain conditions, their professional profiles, specifically to develop their professional network and find professional opportunities. The website Business Solutions (hereinafter « the Site ») is dedicated to presenting news, clients’ testimony and products commercialized by Hiring, Marketing and Education’s team of Viadeo. Users will also be able to get additional information via the contact form and the newsletter subscription. (These elements are hereinafter referred as the « Service(s) »

Article 1. Access to the Site

By accessing the Site, Users acknowledge that they have read these Terms of Use and that they agree to abide by them unreservedly.

Article 2. Liability

2.1. Users’ liability

The User shall bear all costs related to the hardware and software needed to access the Site and use the Service. It is the User’s responsibility to take all suitable precautions to protect his/her own data, computer systems and/or software from any contamination by possible viruses.

By accessing the Site User makes a commitment to use APVO’s Services exclusively for the goal and conditions contained in these Terms of Use.

2.2. APVO’s liability

APVO commits to provide the Service in accordance with these Terms of Use.

DUE TO THE SPECIAL NATURE OF THE INTERNET, ACCESS TO THE SITE MAY BE INTERRUPTED OR RESTRICTED AT ANY TIME DUE TO A REASON BEYOND APVO’S CONTROL; IN SUCH CASE APVO MAY NOT BE HELD LIABLE.

NOR MAY APVO BE HELD LIABLE SHOULD ACCESS TO THE SITE BE INTERRUPTED DUE TO MAINTENANCE OPERATIONS, UPTDATES OR TECHNICAL IMPROVEMENTS, OR DUE TO OPERATIONS INTENDED TO UPGRADE THE SITE’S CONTENTS AND/OR PRESENTATION, AS SUCH INTERRUPTIONS WILL BE NOTIFIED AND WILL NOT EXCEED COMMON RELEVANT PRACTICES. FURTHEMORE, APVO MAY INTERRUPT THE ACCESS TO THE SITE AND SERVICE, WHETER TEMPORARILY OR DEFINTELY, PARTICULARLY IN CASE OF ITS TERMINATION OF THE ACTIVITY IN QUESTION, OR IN THE EVENT OF ANY COURT-ORDERED OR AMICABLE LIQUIDATION OF THE COMPANY; IN THESE LAST CASES, THIS CONTRACT SHALL BE TERMINATED IPSO FACTO.

APVO RESERVES THE RIGHT, AT ANY TIME AND WITHOUT PRIOR NOTICE, TO MODIFY ANY INFORMATION APPEARING ON THE SITE AS PART OF ITS UPDATE OR WHILE CORRECTING ERRORS OR INACCURACIES.

TO THE EXTENT ALLOWED BY APPLICABLE LAWS, AND TO THE EXTENT THAT APVO MAY BE DEEMED LIABLE FOR ANY DAMAGE NOT LISTED ABOVE, APVO’S LIABILITY SHALL BE LIMITED TO SPECIFIC, ACTUAL AND DEFINED DAMAGES.

TO THE EXTEND ALLOWED BY APPLICABLE LAWS, UNDER NO CIRCUMSTANCE SHALL APVO OR ITS AFFILIATED COMPANIES, LICENSORS OR PARTNERS, BE HELD LIABLE FOR ANY INDIRECT DAMAGES, UNREALISED EARNINGS OR DAMAGES RESULTING FROM THE LOSS OF DATA, OR FOR ANY OPERATION LOSS RESULTING FROM THE USE OR IMPOSSIBILITY OF USING THE SITE, THE SERVICE OR THE CONTENT, WHETHER ON THE BASIS OF GUARANTEE, A CONTRACT, A CIVIL OFFENSE, OR UNDER ANY OTHER LEGAL THEORY, WHETHER APVO BE INFORMED OR NOT OF SUCH DAMAGES.

Article 3. Confidentiality and personal data

Personal data concerning Users are stored by APVO on its servers, to be processed as part of the use of the Service.

APVO processes Users’ personal data, which it has gathered in accordance with the “Safe Harbor Provisions” proposed by the Federal Trade Commission and by the European Union, to which it subscribes.

All personal data provided by a User when using the Site and Service are collected legally and fairly. Their purpose is the use of the Site and the provision of the Service, and they may therefore be used by APVO to this end.

The form found on the Site allows Users to get additional information about the Services by revealing to APVO certain personal data concerning him/her. Following that request the User will receive Viadeo’s newsletter, the User will be able to unsubscribe at any time following the link provided for this purpose in the newsletter.

The mandatory or optional nature of the communication of the requested data is mentioned on the Form for each field. Where the communication of the data is mandatory, the failure to disclose will lead to the absence of treatment of the User’s request.

AVPO does not communicate the personal data of Users to third parties, except cases where the communication of such data is required by applicable laws, particularly at the request of the legal authorities.

Personal data communicated by User will be destroyed five years after his/her last connection to the Site or upon the expiration of the Contract, at his/her explicit request.

Users have the right to access, rectify and delete personal data concerning them and processed over the Site, and oppose their communication to third parties for justifiable cause.

Users may exercise these rights by writing to the following postal address: Business Solutions / APVO, 301 Howard Street, Suite 1440, San Francisco, CA 94 105 United States of America.

Article 4. Intellectual property

4.1. APVO owns the Site, both its technical components and its graphic, textual or other components, subject to the sole reservation of those contents provided by third-party. More specifically, both the Site and the Service are provided through software and databases designed and developed by APVO, which belong to it, or over which it holds intellectual property rights.

The contents placed online at the Site by APVO also belong to APVO, subject to the aforementioned reservations. APVO is therefore the sole holder of all intellectual property rights pertaining to the Service, the Site, its contents and the software and databases which ensure its operation, and use of the Site or Service does not grant any User any right over any of these elements.

Acceptance of these Terms of Use shall be deemed the User’s acknowledgement of APVO’s aforementioned intellectual property rights and his/her commitment to respect them.

4.2 User’s license of the Site and the Service

APVO grants the User a non-exclusive, personal and non-transferable license allowing him/her to use the Site and Service, as well as the data they contain, for his/her professional use, as per these Terms of Use and, in particular, in accordance with the finality of the Site and Service (hereinafter, the “License”).

Any other exploitation or use of the Site, the Service, their contents and, particularly, of the data they contain is excluded from the scope of this License and may only be made after obtainment of APVO’s prior and written authorization.

More specifically, any extraction or reuse, beyond the normal use of the Site, of the data contained on the Site and/or the Service is strictly forbidden to Users, and subject to APVO’s prior, written authorization.

Article 5. Agreement on evidence

The User and APVO unanimously agree that APVO’s computer systems and files shall be self-evidencing between them.

Consequently, the computer files and records stored within the computer systems operated by APVO or on its behalf under reasonable security and reliability conditions may be used validly and produced as evidence of the execution of the Contract, and more generally of any event, communication or relation between both Parties in relation to the User’s use of the Site.

Therefore, APVO may validly produce, as part of any proceeding, as evidence of any act, fact or omission, the data, files, programs, registrations or other elements, received, issued or stored using the aforementioned computer systems, on any digital or analogical supports, and rely thereon, except for evident errors.

 Article 6. Modifications of the Terms of Use

APVO may modify these Terms of Use at any time and without prior notice. Users are therefore invited to consult the latest updated version thereof on a regular basis, freely available and permanently accessible from the homepage of the Site, by clicking on the “Terms of use” link.

The amended Terms of Use will be effective from there online publishing and shall be applicable automatically.

Article 7. Applicable law and assignment of Jurisdiction

The conclusion, interpretation and validity of these Terms of Use are governed by the Laws of the State of California. Subject to applicable public-order provisions regarding the assignment of jurisdictions, the courts corresponding to APVO’s head offices shall have sole jurisdiction regarding any litigation, in case of failure of an amicable settlement.

Date of last modification: September 1st 2013