GENERAL TERMS AND CONDITIONS OF USE OF THE PLATFORM

REALDIR

Welcome to the REALDIR platform (hereinafter the "Platform"). These general terms and conditions of use (hereinafter "GTCU") govern the conditions under which the publisher (hereinafter "we" or "Publisher") authorizes users (hereinafter "you" or "User") to use the Platform.

The use of the Platform is subject to a subscription fee, the price of which is governed by specific Terms and Conditions of Sale. By continuing to use and benefit from the Platform's services, you agree to be bound by these General Terms and Conditions of Use.

Legal notice

Platform publisher

REALDIR, a simplified joint stock company, with capital of 1,000.00 euros, headquartered at 10 avenue Berthet 95110 Sannois and registered in the Pontoise Trade and Companies Register under number B 922 396 015.

Intracommunity VAT number: FR90922396015

Email address: hello@realdir.live

Telephone: +33 6 16 96 03 40

Director of publication: Dominique Calmels

Design of the platform

REALDIR, whose registered office is located at 10 Avenue Berthet 95110 Sannois (address of registered office).

Telephone: +33 6 16 96 03 40

Hosting of the platform

Vercel Inc. with registered office at

440 N Barranca Avenue #4133

Covina, CA 91723

United States

privacy@vercel.com

Definitions

The terms and expressions identified by a capital letter in the GTCU have the meanings indicated below, whether used in the singular or plural:

"Account": refers to the unique and personal space reserved for the User, accessible after registration and enabling the User to use the Services offered on the Platform.

"Content": refers to any type of contribution (notably text, image, video, sound, etc.) published by a User on the Platform.

"On-site User": An on-site User who attends an event organized by an Organizer (legal entity or natural person) live and wishes to broadcast it live to remote Users.

"Organizer": legal entity or natural person organizing any type of event (music concert, performance by a music conservatory or music school, town council, companies, social and economic committee, etc.) in which Participants (artists, musicians, etc.) may take part and which is broadcast live to remote Users (spectators, parents and families, etc.).

"Participant": natural person or natural person acting on behalf of a legal entity taking part in the event organized by the Organizer in their capacity as on-stage performers (musicians, artists, conservatory children, etc.).

"Remote User": A User who is not present (virtual) at the event but who accesses its live broadcast via the Platform.

"Services": refers to the services and functionalities made available to a User.

"User": refers to any person with an Account accessing the Platform. The User may be qualified as a Remote User (virtual) or an On-site User (face-to-face).

Acceptance of the GTCU by the user

By using the Platform, you accept, without reservation, modification or restriction, the present General Terms and Conditions of Use, which you acknowledge having read in full beforehand. When registering on the Platform, this acceptance will be confirmed by checking the box corresponding to the following sentence: "I acknowledge having read and accepted the general terms and conditions of use" or a similar sentence.

You hereby undertake to use the Platform in full compliance with the GTCU and with the legislative and/or regulatory provisions in force. All users of the Platform must comply with the principles set out in the GTCU, which define a general framework and apply to all features of the Platform.

We reserve the right to modify and/or replace the provisions of the Platform's GTCU at any time and without notice of any kind. You are therefore invited to regularly consult the legal notice and the GTCU in force at the time of your access to the Platform.

You also agree to read the Privacy Policy and Cookies available on the Platform.

Creating an account

In order to use the Platform, you must first create a personal account that will enable you to access an interface containing all your data (hereinafter the "Account").

Condition for creating a personal account

In order to create an account, you must be legally capable of entering into a contract with us, i.e. be at least eighteen (18) years of age or be emancipated, legally capable of entering into a contract and not subject to curatorship or guardianship. However, a minor under the age of fifteen (15) (digital majority in France) may be a User with the prior authorization and under the responsibility of his or her parents or guardians, who are responsible for the minor User's compliance with these GTCU. The Publisher reserves the right to refuse registration for its Services to minors under the age of 15, unless authorization to register is given by one of the holders of parental authority over the minor.

Account creation is free and personal: only one account can be created per User, and it cannot be transferred to a third party.

Information to be provided when creating an account

When registering and opening an Account, you must provide a surname, first name, telephone number and a valid e-mail address, which will be used to validate your registration.

You may only create one Account per e-mail address. Your access to and use of the Platform is subject to all the information you provide being correct, up-to-date and complete. Once you have registered, you will receive a confirmation e-mail with a clickable link enabling you to activate your Account. In the event of a connection problem, you can contact us at the following email address hello@realdir.live.

Provided we have informed you in advance, we may, for the purposes of operating the Platform and/or preserving the security of your data, modify, change or delete the terms of access to the Platform at any time.

Commitment of the user

The User acknowledges that the GTCU apply to all Users authorised to use the Platform.

The User (whether on site or remotely) also undertakes to:

protect personal data in accordance with applicable law. They shall refrain from any use that is contrary to the regulations in force, to public order or to accepted standards of behaviour;
provide accurate, complete, sincere and unequivocal information and ensure that it is updated as necessary in the event of any changes;
have all the rights and authorisations required to supply the information and Content provided;
not reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Platform or any part thereof, except and only to the extent that such activity is expressly permitted by law;
not make any comments or share any content that is manifestly unlawful, in particular content of a racist, xenophobic, discriminatory, malicious, rude, abusive, defamatory, hateful, obscene or violent nature;
not use the Platform for illegal purposes or in violation of any local, state, national or international law or regulation, including, without limitation, laws governing intellectual property and other property rights, and data protection.

The Platform Publisher reserves the right to delete any Contribution likely to contravene the law, the GTCU and the texts to which they refer, as well as any off topic, repeated or rude comment.

Content moderation

The Platform Publisher reserves the right to delete, filter or modify any Content published or stored by the User on the Platform at any time and without notice, including where such Content breaches these GTCU or applicable laws. Any use of the Services in breach of the foregoing shall constitute a breach of these GTCU and may result, inter alia, in the termination or suspension of your rights to use the Platform.

In the event of detection of abuse on the Platform such as behavior prejudicial to others, appropriate measures will be put in place (e.g. deletion of Content, deactivation of the Account, contacting the police, etc.).

In accordance with the law of 21 June 2004 known as the LCEN (Law for Confidence in the Digital Economy), the Platform Publisher, in its capacity as host, provides Users with a mechanism for notifying illicit Content, enabling them to report at any time the presence on the Platform of Content that it considers, in good faith, to be illicit.

Consequently, any User will be able to alert the Platform Publisher at any time to any manifestly illicit or illegal Content by contacting the following address: hello@realdir.live. This reporting mechanism must collect the following information:

the reasons why the User believes that the Content is illicit;
the precise location of the Content reported;
the contact details of the person reporting it;
a declaration of good faith.

Deactivation of an account

Users wishing to deactivate their Account may send their request to the following address: hello@realdir.live. Deactivation of the Account will result in the impossibility of accessing the information and Content appearing in the Account.

We reserve the right to suspend the User's Account as of right, without notice or compensation, temporarily or permanently, in the event of serious and/or repeated non-compliance with the GTCU, in particular in the event of publication of inappropriate Content, in accordance with the "Platform Content" article.

Features of the platform

The aim of the Platform is to give Users the opportunity to connect the world and share any type of event. The Account gives you access, via the Platform, to the Platform's standard functionalities and in particular:

broadcasting any type of video, audio or photo Content in a simplified, high-quality audio and multi-channel way;
broadcast any event (live music, town councils, weddings, family events, etc.) in a simplified way, in high audio quality and with multiple video/audio channels, accessible anywhere in the world in high quality/definition;
generate Content by choosing the video and/or audio source and highlighting a particular artist or musical instrument, etc.

Personal data

When you access and use the Platform, we are required to process Personal Data (within the meaning of Article 4.1 of Regulation (EU) 2016/679 of 27 April 2016 - GDPR), as the data controller.

To find out more about how this processing of personal data is carried out and to exercise your rights, we invite you to consult our Privacy and Cookies Policy.

Intellectual property

Principle

Intellectual property rights differ according to the media concerned:

Concerning the Platform: the Platform, its structure, its technology and all the Elements making it up (structure, text, videos, photos, applications, source code, etc.) remain our property or, where applicable, that of the data subject who has granted us a license to use them or, where applicable, in certain cases, the Organizer. In this respect, any use (and in particular the reproduction, representation, modification or translation, in part or in whole, whether in return for payment or free of charge) of the Elements is strictly forbidden without the express prior written authorization of the Publisher and/or the Organizers.
Concerning events: all events recorded, produced or transmitted via the Platform are the full and complete property of the Organizers.
Concerning Content produced or generated by on-site Users via the Platform: Content that you share or import, such as videos or photos, may be protected by intellectual property rights. As an on-site User, you retain ownership of the intellectual property rights (such as copyright) in all Content you create or share via the Platform.
However, in order for us to provide the Services via the Platform, you must grant us certain legal permissions (licenses) to use such Content. By uploading and/or broadcasting any Live Content or any other Content via the Platform to publicly accessible areas, you grant the Platform Publisher, its sub-licensees and/or the Organizer a royalty-free, perpetual, transferable, irrevocable, non-exclusive, fully sub-licensable right and license, without any territorial or temporal limitation, worldwide and without requiring any approval and/or compensation, to host, use, distribute, copy, modify, adapt, publish, translate, edit, remove, publicly perform or publicly display, create derivative works from, distribute, publicly perform and publicly display such Content (in whole or in part) and/or incorporate such Content into existing or future forms of media or technology, including online, via APIs and on social networks.
The Publisher will only use User Content and process it for the following reasons (i) in accordance with the GTCU and as required to meet our obligations to provide the Services (ii) in accordance with the Privacy Policy and cookies (iii) as authorized by you (iv) as required by applicable regulation(s) or (v) for legal, safety or security reasons.

Exceptions

Notwithstanding the foregoing, reproduction of all or part of the Platform on paper or digital media only is authorized subject to compliance with the following cumulative conditions:

Use is exclusively private, personal, non-transferable and free of charge. Any use for commercial or advertising purposes or for consideration is prohibited. It may not be made available on a server;
The integrity of the documents reproduced must be respected (no modifications or alterations of any kind).

Any reproduction, representation, distribution, translation or use, in whole or in part, of any kind whatsoever and by any means whatsoever, of any of the Elements, without our prior written authorization, is strictly prohibited and would constitute, under articles L. 335-2 of the French Intellectual Property Code, an infringement punishable by imprisonment and a fine.

Where explicitly indicated on this Platform, the User may download, copy and/or share certain Content available via this Platform for his/her own personal, non-commercial use only and provided that the copyright attributions and any other attributions requested by the owner are correctly implemented.

Distinctive signs

Unless otherwise stipulated, company names, logos and other distinctive signs mentioned on the Platform are the property of the Platform Publisher, or are subject to rights of use, reproduction or representation that have been granted for his benefit. They may not be used without the Platform Publisher's prior written authorization. The "Realdir" brand is a protected trademark. Any reproduction, use or affixing without our prior written authorization is strictly prohibited and would constitute an act of counterfeiting engaging the civil liability of its author under Article L. 716-1 of the French Intellectual Property Code.

Databases

Any databases made available to you are the property of the Platform Publisher, which is the producer of the databases. It is forbidden for anyone to extract or reuse a qualitatively or quantitatively substantial part of the databases, including for private purposes.

Use of information

You are solely responsible for the use you make of the Content and information appearing on the Platform and we may under no circumstances be held liable for any direct or indirect damage arising from your use of the Platform and/or this information.

We make every effort to provide you with available and verified information and/or tools. However, the information contained on the Platform is for general information purposes only and is provided without any explicit or implicit guarantee of validity, completeness or topicality.

Furthermore, the Content of the Platform may be modified at any time, without prior notice or consequences of any kind.

Hypertext links

The Platform contains hypertext links to third-party websites. These links are provided for your information. We have no control over these third-party sites and cannot be held liable for any access you make to them. Third-party sites remain the sole responsibility of their publishers.

In particular, we endeavor to keep the hypertext links to third-party sites up to date but shall not be held liable if the Content of these third-party sites is removed or modified.

Technical requirements and availability

Technical requirements

The Platform is available in all environments (Windows, MacOS, Linux, iOS, Android). All you need is an internet connection and a recent web browser.

To use the Platform, you need a device that meets, where applicable, the system configuration requirements mentioned in the relevant application shops.

Availability

We endeavor to use our best efforts to ensure that the Platform is accessible 24 hours a day, 7 days a week, including Sundays and public holidays.

However, we do not guarantee the accessibility and/or continuous availability of the Platform. Indeed:

We reserve the right to temporarily interrupt access to the Platform in order to carry out maintenance work; in such a case, we will make every effort to give you prior notice and to minimize the duration of the interruption.
We reserve the right to update the Platform at any time in order to correct any bugs, improve the functionalities offered and provide you with new versions (hereinafter referred to as "Updates"). Certain Updates may be required in order for you to use the Platform. By accepting the GTCU you agree to automatically receive such Updates.
We may also make changes and improvements to the functionality of the Platform as we see fit to provide you with a better User experience.
We do not act as an Internet service provider and therefore cannot guarantee either the quality of the Internet connection or the absence of network interruptions.

Any observation that the Platform is totally or partially unavailable may be notified to the e-mail address: hello@realdir.live with "Report a malfunction" in the subject line. In such a case, we will use our best efforts to remedy the situation as soon as possible.

Safety

Your obligations

You undertake not to interfere with, disrupt, suspend or slow down the operation of the Platform in any way whatsoever, and to comply with the conditions of access and use. All intrusions or attempted intrusions into our information systems, all misappropriation of the Platform's system resources, all actions of a nature to impose a disproportionate burden on the Platform's infrastructures and, in general, all attacks on the Platform's security measures are strictly prohibited.

Our rights and commitments

We undertake to use our best efforts to ensure the security of access to and use of the Platform. In particular, we shall implement all appropriate technical and organizational measures to guarantee the security of the data and Content contained therein. To this end, we reserve the right, at our sole discretion, to take all necessary measures to counter any misuse of the Platform.

However, we shall not be held liable for any damage resulting from fraudulent intrusion by a third party leading to modification of the information published on the Platform, the structure of the Platform or its operation, including in the event of the presence of computer viruses (e.g. Trojan horses, etc.).

In the event of a security breach, please inform us as soon as possible at the following address: hello@realdir.live. In this case, we will take all reasonable steps to remedy the situation as soon as possible.

Liability

The Platform Publisher is automatically liable to the User for the proper performance of its obligations under these GTCU. However, the Platform Publisher may be exonerated from all or part of its liability by proving that the non-performance or poor performance of the GTCU is attributable either to the User, or to the unforeseeable and insurmountable act of a third party, or to a case of force majeure.

General provisions

Independence of clauses

In the event that one of the provisions of the GTCU is deemed null and void by virtue of a legal principle, law, regulation or invalidation by a court decision, the parties agree that the other provisions of the GTCU shall remain in force.

Waiver

Unless otherwise stipulated, the fact that one of the parties has not required the Platform to comply with any clause of these GTCU may under no circumstances be considered as a waiver of that party's rights under said clause.

Assignment

These GTCU may not be assigned and your obligations under these GTCU may not be delegated, in whole or in part, by you through any legal transaction, merger or other means, without first obtaining the express written consent of the Platform Publisher. Any attempted transfer without such consent will be considered null and void.

Applicable law and settlement of disputes

These GTCU and their interpretation are governed by French law.

In the event of a dispute, the User undertakes to contact the Platform Publisher as a matter of priority in order to attempt to resolve amicably any dispute that may arise between the parties. Furthermore, in accordance with article L612-1 of the French Consumer Code, any dispute or litigation between a "consumer" User and the Platform Publisher may be settled out of court by mediation.

Failing an amicable solution, the dispute will be submitted to the exclusive jurisdiction of the French courts having jurisdiction over the Platform Publisher's registered office.

Date of last modification of the GTCU: January 2024