ICOM – Terms of use AGORA
Article 1. Preamble
The International Council of Museums (hereinafter referred to as “ICOM”) is a registered association (n° SIREN 784 614 813) located at 15 rue Lasson, 75012 Paris (France), represented by Peter Keller, in his capacity as Director General of ICOM
ICOM developed an online platform named AGORA (hereinafter the “PLATFORM”), intended for ICOM members, allowing them to register to ICOM’s events or meetings, receive events or meetings reminders, upload download and consult documents related to their events or meetings, access to videoconference services, access to an online voting platform, access to a streaming platform to replay meetings or events (hereinafter the “SERVICES”).
The PLATFORM developed and operated by ICOM, as well as its associated SERVICES, is a standard product, designed to cater to the needs of most USERS. Each USER is responsible for ensuring the PLATFORM fits its own needs.
Before accessing the platform AGORA, please read these TERMS OF USE carefully. They outline the terms and conditions of use of the PLATFORM.
Article 2. Definitions
In these TERMS OF USE, the following terms shall have the following meanings, unless otherwise stated:
“TERMS OF USE” means the present terms and conditions of use of the PLATFORM developed and operated by ICOM.
“PARTIE(S)” means ICOM and the USER, individually or collectively.
“PLATFORM” means the online accessible software platform AGORA developed and operated by ICOM.
“SERVICE(S)” means the services associated with the use of the PLATFORM, notably registering to ICOM’s events or meetings, receiving events or meetings reminders, downloading and consulting documents related to their events or meetings, providing access to videoconference services, providing access to an online voting platform, providing access to a streaming platform to replay meetings or events.
“USER(S)” means any ICOM member(s) who has an active IRIS ACCOUNT, as defined below, and has access to the PLATFORM.
“IRIS ACCOUNT” individual and secure account created upon accession of any ICOM Member used by the USER to connect to the PLATFORM.
Article 3. Purpose
The purpose of the TERMS OF USE is to define the contractual conditions governing the use by the USER of the PLATFORM and the related SERVICES proposed on the PLATFORM.
The USER is deemed to have read these TERMS OF USE and to have duly accepted them without reservation.
Any use of the PLATFORM implies for the USER its full adhesion and acceptance of the TERMS OF USE which prevail on any other document.
Article 4 . Use of the PLATFORM
The USER must have Internet access in order to use the PLATFORM. ICOM does not guarantee the compatibility of the PLATFORM with every Internet browser and every operating system and cannot be held responsible by the USER on that account. Any expenses corresponding to these accesses are the sole responsibility of the USER. The USER is solely responsible for the proper functioning of his or her devices.
ICOM reserves all rights not expressly granted to the USER in and to the Platform.
Article 5. Right to use the PLATFORM
5.1 . Scope of the right to use the PLATFORM:
ICOM grants the USER eligible to use the Platform the non-exclusive, non-transferable, worldwide right to use the PLATFORM and the documentation provided with the PLATFORMfor its own needs relating to ICOM
The USER agrees not to let the PLATFORM and its documentation at the disposal of any third party, directly or not, for any reason, against payment or not.
Unless otherwise indicated, the PLATFORM is ICOM’s proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the PLATFORM and the trademarks, service marks, and logos contained therein are owned or controlled by ICOM or licensed to ICOM, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of France and international conventions.
5.2. Confidentiality – Interdiction of copying:
The USER agrees not to copy the PLATFORM in any form, subject to the legal exceptions provided by the French Intellectual Property Code.
The USER agrees to keep confidential the contents of the PLATFORM and not to transfer, publish, expose, reveal or put in any other manner the PLATFORM at the disposal of any third party.
The USER also agrees not to translate, modify, edit in a different order, deconstruct, disassemble or create derivative works from the PLATFORM or part of it, and to forbid third parties to do so, except in the context of using the PLATFORM in accordance with ICOM’s recommendations.
5.3. Technical measures of protection of the PLATFORM
ICOM reserves the right to integrate a safety mechanism in the PLATFORM to monitor its use and to check if the USER complies with the present TERMS OF USE. The USER is not authorized to try and avoid such measures or cause them to fail. In order to determine correct use, the USER authorizes ICOM to collect any relevant information via the use of tracking tools or safety mechanisms inserted in the PLATFORM.
Article 6. Availability of the PLATFORM – Maintenance
The USER acknowledges that the availability of the PLATFORM is subject to the availability of communications and Internet services.
When needed, ICOM reserves the possibility to suspend the access to the PLATFORM and its associated SERVICES to conduct a technical intervention of maintenance and/or improvement in order to ensure the correct operation of the PLATFORM. ICOM will inform the USER, as much as possible, of the existence and duration of the intervention. These interruptions of the PLATFORM will not lead to any compensation to the USER.
ICOM may update the PLATFORM at any time. These updates may be intended to maintain software compatibility, offer new features or versions of the PLATFORM, provide security updates or bug fixes.
ICOM may temporarily suspend or limit the use of all or part of the PLATFORM or the SERVICES. Except in cases of emergency, temporary interruptions will, whenever possible, be notified to the USER before they occur.
ICOM shall under no circumstances be liable for damages to the USER in the event of suspension or limitation of the use of the PLATFORM due to operations of maintenance.
Article 7. Obligations of the USER
To use the PLATFORM, the USER shall use computer equipment in good operating condition and conforming to the basic requirements indicated by ICOM.
The USER shall use the PLATFORM and the associated SERVICES in an authorized and standard manner. The USER shall not, under any circumstances, make any unauthorized use of the PLATFORM or the SERVICES, i.e., contrary to applicable law and regulations or with these TERMS OF USE.
The USER prohibits any active behavior tending to intrude into the computer system of the PLATFORM, to its piracy, or to attack the operation of the PLATFORM by sending viruses, Trojan horses, or any other computerized devices likely to affect their operation.
It is also prohibited to carry out acts that are considered to be hacking attempts, or to misuse the functionalities made available through the PLATFORM and associated SERVICES for purposes other than those for which it was designed, as well as any inappropriate behavior deviating from the normal use of the PLATFORM and of the associated SERVICES.
The USER undertakes to keep his/her login details (login ID and password) confidential, and not to communicate them to any other person who may connect to the PLATFORM in his/her place, with his/her authorization or not. The USER will bear the entire responsibility for an illegal connection made by a third party by means of its connection details which remain strictly personal. The USER shall not attempt to impersonate another user or person or use the username of another USER.
The USER undertakes to inform ICOM without delay in case of loss or piracy of its login details.
Article 8. Duration
The TERMS OF USE shall apply from the date of the first login of the USER on the PLATFORM until the USER ACCOUNT is deleted or closed for any reason whatsoever.
Article 9. Suspension/Termination
9.1. Suspension/Termination at the request of ICOM
ICOM reserves the right to suspend or delete without compensation the access to the PLATFORM and the associated SERVICES at any time and in particular in the cases where:
- An act of piracy or attempted unlawful use of the information in the PLATFORM is caused by or originated in the USER.
An act of hacking or attempted hacking of the PLATFORM is caused or caused by the connection with the USER.
- Use of the PLATFORM and the associated SERVICES is likely to cause damage to third parties, or which would be contrary to morality or public order.
- Use of the PLATFORM and/or the associated SERVICES infringes or is not in accordance with the provisions of the TERMS OF USE.
Article 10. Liability
The PLATFORM is provided “as is” and shall be used at the USER’s own risk, without any warranty. In this respect, the USER is solely responsible for the confidentiality of his/her passwords and IRIS ACCOUNT identifiers, when using the PLATFORM.
ICOM does not warrant that the PLATFORM will always be available, accessible, uninterrupted, reliable, or error-free. Furthermore, there is no guarantee regarding Internet connections or transmissions.
ICOM will in no case be held responsible regarding the USER or any third party for any damage, direct or indirect, loss of profit or loss of earnings which may occur in relation with the use of the PLATFORM and its associated SERVICES.
Notably, ICOM cannot be held responsible in the following cases, including but not limited to:
- Interruption of the service for reasons of technical maintenance of the PLATFORM;
- Interruption of the networks or delays in the flow of the electronic data;
- Malice, data theft, computer viruses, insufficient backup and recovery measures;
- Handling or entry errors, misuse of the PLATFORM;
- Data loss, interruptions of activity or any other monetary loss which would result from it;
- Misuse or malicious use of the data collected through the use of the PLATFORM and associated SERVICES;
- All force majeure event as defined by French case law, unforeseeable event or any cause not depending on the deliberate intent of ICOM.
ICOM will not be held responsible if the PLATFORM or the SERVICES are not used in compliance with the TERMS OF USE.
Article 11. Personal data protection
USER must take all necessary measures to protect its information system, notably against viruses, worms, and other hostile processes of intrusion.
ICOM, as data controller, collects and uses only personal data necessary to provide the USER with an access to the PLATFORM and to supply the SERVICES. For more information about ICOM’s privacy practices, we invite you to read our Privacy Policy.
Article 12. Intellectual property
ICOM retains, as holder of the rights, the whole intellectual property of the PLATFORM and the associated documentation, and all the prerogatives pertaining to them.
The USER will not acquire any intellectual property right, nor any right other than those granted by the TERMS OF USE.
By accepting the TERMS OF USE, the USER refrains from infringing upon the legitimate interests of ICOM. The USER refrains from any type of use not explicitly provisioned by the French Intellectual Property Code to the benefit of the USER, or not expressly authorized by the TERMS OF USE, notably:
- Using the PLATFORM or making backup copies of it other than the conditions provisioned by the TERMS OF USE;
- Correcting themselves or making a third party correct any error or anomaly in the PLATFORM;
- Loaning or granting use of the PLATFORM by any means, including via Internet network;
- Decompiling the PLATFORM, including for interoperability purposes or to create a derived or rival work to the PLATFORM;
- Translating, adapting, arranging, modifying the PLATFORM, without the ICOM’s prior approval.
The TERMS OF USE do not grant the USER the right to access the source codes of the PLATFORM.
Any action from the USER breaching the preceding provisions would constitute an infringement and would justify legal proceedings.
Article 13. Final provisions
13.1. Modification of the TERMS OF USE:
It is specified that the TERMS OF USE can be modified unilaterally by ICOM. It is the responsibility of the USER to periodically review these TERMS OF USE to stay informed of any updates. The USER will be subject to changes in the revised Terms of Use and will be deemed to have read and accepted them if he/she continue to use the Platform after the date of posting of such revised TERMS OF USE.
13.2. Severability:
If any of these provisions were annulled, this nullity would not result in the nullity of the other provisions of the TERMS OF USE which would remain in force between the PARTIES.
13.3. Applicable law:
The TERMS OF USE are subject to French law both for formal rules and substantive rules. In the event of a litigation, express jurisdictional authority is assigned to the relevant Paris court notwithstanding concurrent defenders or third-party complaint.
