Terms and conditions of use
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The purpose of these General Terms and Conditions of Use (hereinafter "GTCU") is to define the conditions under which the User may use the Serieseries.tv Service, published and offered by the company Kandimari, 31 rue Adrien Cramail- 92500 Rueil Malmaison - Siret 501 614 705, RCS de Nanterre (hereinafter "the PUBLISHER") represented by Marie Barraco in her capacity as manager. Serieseries.tv is a video-on-demand service designed to provide audiovisual professionals with exclusive content from videos published by Série Séries. The service will be available under the Serieseries.tv brand, and will be streamed via the Internet to PCs.
1. DEFINITIONS
In the GCU, the terms defined below shall have the following meaning: " Member ": a user who has registered on the Website; " Service ": refers to the viewing service serieseries.tv, accessible on the Website to Subscribers and offering, in particular, streaming or downloading of video content; " Website ": refers to the www.serieseries.tv website; " User ": User of the Service; " OTT ": The delivery of delinearized video and self-distributed media streams via pre-existing channels (telephone line networks, wireless networks or bandwidth...), via specific connected terminals interfacing between the consumer and the reception screen (e.g. Smart TV, iTunes...) or by pure player services.
2. PURPOSE
The purpose of these GCU is to :
- To define the terms and conditions governing the use of the serieseries.tv service provided to the user by Kandimari.
- Determine the rights and obligations of the parties.
- The Company may make any changes it deems necessary to the Service. The applicable GCU will then be the last conditions accepted by the User when connecting to the Service.
3. ENTRY INTO FORCE
These GCU come into force upon acceptance by the User when creating his/her account.
4. HOW TO ACCESS AND USE THE SERVICE
a. TERMS AND CONDITIONS OF USE
The Customer must be of legal age on the day of subscription to the Service. Minors may only subscribe to the Service under the supervision of an adult. If the User is a minor, he or she must have parental consent to register and log on to the Site. Since SERIESERIES.TV is a remote service, Kandimari is not in a position to evaluate the physical or mental capacities of the Users using the Service, nor to control the information transmitted by the User at the time of registration or through the evaluation tests.
b. HOW TO ACCESS THE SERVICE
The Service is available on the www.serieseries.tv website on all Internet browsers. Service Members have access to the Website, where they can browse and consult video files. The Service User has the same prerogatives as the Member, as well as the ability to view streaming audiovisual content.
c. REGISTRATION PROCEDURE
The User will obtain a Registration form on the Website, which he/she will fill in with his/her personal information. The User's login and password are personal and confidential. The User undertakes not to divulge them and to take all necessary measures to preserve this confidentiality. Consequently, the User will be responsible for any activity or action on his/her account. Once the registration form has been validated, the User accepts these GCU and will then be redirected to the Service's home page.
5. TERMINATION
TERMINATION BY Kandimari COMPANY
The Company has the right to terminate and/or suspend a User's account by operation of law in the event of :
- Actions that contravene the provisions of the French Intellectual Property Code;
- And more generally, in the event of a breach by the User of any of its obligations under these GCU.
Such termination will result in immediate deactivation of the User's access to the Service, without entitlement to compensation or reimbursement.
6. PERSONAL DATA
PRIOR FORMALITY
In accordance with regulations on the protection of personal data, the User is informed that the Company, as data controller, implements the processing of personal data concerning him/her, which is subject to a declaration to the Commission Nationale de l'Informatique et des Libertés (Cnil) (www.cnil.fr).
GUARANTEE
Kandimari guarantees the User's compliance with the legal and regulatory obligations incumbent upon it with respect to the protection of personal data, in particular with respect to transborder data flows outside the European Union.
DIRECT COLLECTION
Kandimari, the data controller, processes personal data concerning Subscribers to the GCU. The personal data concerned by said processing is as follows:
- User first and last name ;
- E-mail address ;
The data collected is essential for such processing and is intended for the relevant departments of Kandimari and, where applicable, its subcontractors or service providers. The User is informed on each personal data collection form of the compulsory or optional nature of the answers by the presence of an asterisk (*). Failure to provide compulsory information will prevent registration. If the User has agreed, special offers or promotional e-mails may be sent to him/her when his/her member account is created. In accordance with current legislation, the User has the right to access, rectify or delete his or her personal data, to limit the processing thereof, to object to the processing of his or her personal data, to the portability of his or her personal data and to define instructions concerning the fate of his or her personal data after his or her death. These rights may be exercised by e-mail to contact@serieseries.fr or by post to Kandimari - 61 rue Danton- 92300 Levallois Perret, France, accompanied by a copy of an identity document. The User also has the right to lodge a complaint with a supervisory authority.
SAFETY
The Company acknowledges that all personal data is subject to compliance with regulations on the protection of personal data. The Company undertakes to take the necessary measures required by the User to ensure the security of personal data processing, in compliance with regulations on the protection of personal data.
COOKIES
When you browse the Site, cookies are placed on your computer, cell phone or tablet. These cookies are intended to facilitate navigation on the serieseries.tv site and to study usage, particularly for statistical purposes.
What is a cookie? A cookie is a text file that may be stored, subject to your choices, in a dedicated space on the hard disk of your terminal (computer, tablet, etc.) when you use your browser to consult an online service. It is transmitted by a website server to your browser. Each cookie is assigned an anonymous identifier. The cookie file enables its issuer to identify the terminal in which it is stored for the duration of the cookie's validity or storage. A cookie cannot be traced back to an individual. The information collected via these cookies remains anonymous.
How do we use them? The cookies deposited by serieseries.tv have several uses depending on their category:
- User session cookies User session cookies store the information you have duly filled in on the forms made available on the platform.
- User authentication cookies Authentication cookies enable you to access your account using the credentials you have previously given us.
- Security cookies These cookies are used to implement security measures, for example when you are asked to log in to our platform again after a certain period of time.
- Analytical cookies Analytical cookies enable us to track the use and performance of our Services, improve their operation and better adapt them to your expectations. To this end, they track your visit in order to compile visit statistics.
- Cookies used to personalize our Services Cookies used to personalize our Services enable us to adapt the presentation of our Services to your Terminal's display preferences (display resolution, operating system used, etc.) when you use our Services, depending on your Terminal's hardware and viewing or reading software.
* Social cookies: Social network cookies allow you to share the content of our site with others, or to share your opinion on site content with third parties. On our site, certain sharing buttons are integrated via third-party applications that may emit this type of cookie. The social network providing such an application button is likely to identify you thanks to this button, even if you have not used this button when consulting our site. Indeed, this type of application button may enable the social network concerned to track your browsing on our site, simply because your account with the social network concerned is activated on your terminal (open session) during your browsing on our site. We invite you to consult the privacy protection policies of these social networks in order to learn about the purposes for which they may use the browsing information they may collect via these application buttons, particularly for advertising purposes. These protection policies should enable you to exercise your choices with regard to these social networks, in particular by configuring your user accounts on each of these networks.
To find out about the privacy policies of the social networks below, click on the link associated with the social network of your choice:
- Facebook: https://www.facebook.com/policies/cookies/
- Twitter: https://twitter.com/privacy?lang=fr
- Google plus: https://policies.google.com/technologies/cookies?hl=fr-CA
Your rights
You may refuse the installation of these cookies at any time by following the procedure described below. Please note that refusing to accept cookies on your terminal may affect your browsing and use of the serieseries.tv website.
How can I object to the statistical and navigation cookies used on the serieseries.tv site?
You can prevent cookies from being saved by configuring your browser as follows:
On Internet Explorer
- Go to Tools > Internet Options.
- Click on the Privacy tab.
- Click on the advanced button and check the "Ignore automatic cookie handling" box.
On Firefox
- At the top of the Firefox window, click on the Firefox button (Tools menu in Windows XP), then select Options.
- Select the Privacy panel.
- Set Retention rules: to use customized settings for history.
- Uncheck Accept cookies.
On Chrome
- Click on the wrench icon in the browser toolbar.
- Select Settings.
- Click on Show advanced settings.
- In the "Privacy" section, click on the Content settings button.
- In the "Cookies" section, you can block cookies and data from third-party sites.
On Safari
- Go to Settings > Preferences
- Click on the Privacy tab
- In the "Block cookies" box, check the "Always" box.
On Opera
- Go to Settings / Preferences
- Click on the advanced tab
- In the "Cookies" area, check the "Never accept cookies" box.
SUBCONTRACTOR
The User authorizes the Company to use any subcontractor of its choice. In this case, the User agrees that the Company may disclose the information necessary for the performance of the present contract to the subcontractors.
7. OBLIGATIONS AND LIABILITY OF THE SUBSCRIBER
GENERAL OBLIGATIONS
The information provided by the User must be fair, accurate and complete. The company reserves the right not to authorize or maintain access to the Service in the event of non-compliance with these requirements.
RESPONSIBILITY OF THE USER
By using the Service, the User undertakes to use it responsibly, in accordance with all the provisions of these GCU and in compliance with the laws in force. In particular, the User undertakes to use the Service in the manner authorized by these GCU; not to use the Service for illegal purposes; not to make commercial use of the information, services and content provided on the Service; not to propagate malware, Trojan horses or viruses, and not to usurp the identity of a Subscriber or use an account that does not belong to him. The User is required to comply with the provisions of the French Data Protection Act no. 78-17 of January 6, 1978, as amended, the violation of which is punishable by criminal penalties. In particular, the User must refrain from any collection, misuse or, in general, any act likely to infringe the privacy or reputation of any person.
8. OBLIGATION AND LIABILITY OF THE COMPANY
The Company makes every effort to provide Users with information or tools that are available and verified, but cannot be held responsible:
- The quality of the Service, as the Service is offered "as is";
- Disruption of the use of the Service;
- Inability to use the Service;
- Computer security breaches, which may cause damage to Users' hardware and data;
- Infringement of Users' rights in general;
- Words and ideas expressed in the programs available on the Service.
The Company reserves the right to revise, delete, validate, change or modify the Service, in whole or in part, at any time without notice.
9. INTELLECTUAL PROPERTY
The site's content, general structure, software, texts, images (animated or not), photographs, know-how and all other elements making up the site are the exclusive property of Kandimari or of third parties who have granted Kandimari the necessary rights. The present GTU do not imply any transfer of any kind of intellectual property right on the elements belonging to the company or having right such as the sounds, videos, photographs, images, literary texts, artistic works, software, marks, graphic charters, logos for the benefit of the User. In particular, the User undertakes not to modify, copy, reproduce, download, broadcast, transmit, commercially exploit and/or distribute in any way whatsoever the Services, the audiovisual content, the pages of the site, or the computer codes of the elements making up the Service. Any reproduction and/or representation, in whole or in part, of any of these rights, without the express authorization of the Company, is prohibited and constitutes an infringement liable to incur the civil and criminal liability of the infringer. Consequently, the User shall refrain from any action likely to infringe, directly or indirectly, the Company's intellectual property rights. The same applies to any databases appearing on the Website, which are protected by articles of the French Intellectual Property Code. The distinctive signs of the company and its partners, such as domain names, brands, denominations and logos appearing on the Service, are protected by the French Intellectual Property Code. Any total or partial reproduction of these distinctive signs from elements of the site without the express authorization of Kandimari is therefore prohibited, within the meaning of the French Intellectual Property Code. Only use in accordance with the purpose of this site is authorized. Any other use not expressly authorized in writing and in advance by Kandimari is prohibited and constitutes an infringement. The User guarantees the Company against any action, claim, demand or opposition from any person invoking an intellectual property right or an act of unfair and/or parasitic competition to which a comment by the User may have infringed, and will bear the costs incurred by the Company in defending itself and in any eventual condemnation.
10. FORCE MAJEURE
Initially, cases of force majeure will suspend performance of the present contract. In the event of force majeure lasting more than two months, the present contract will be automatically terminated, unless otherwise agreed by the parties. The following events are expressly considered to be cases of force majeure or fortuitous events, as generally accepted by the jurisprudence of French courts and tribunals: War, riot, fire, internal or external strikes, lock-out, occupation of the company's premises, bad weather, earthquake, flood, water damage, legal or governmental restrictions, legal or regulatory changes to forms of marketing, accidents of any kind, epidemics, pandemics, illness affecting more than 10% of the company's staff in a period of two consecutive months, lack of energy supply, partial or total shutdown of the Internet network and, more generally, of private or public telecommunications networks, road blockages and supply impossibilities, and any other event beyond the express control of the parties preventing normal performance of this agreement.
11. CONCILIATION
Any disputes that may arise between the User and the Company will be subject to an attempt at amicable resolution before any action is taken. This clause is legally autonomous from the present contract. It shall continue to apply notwithstanding any invalidity, resolution, termination or annulment of the present contractual relationship.
12. APPLICABLE LAW
The present GCU of the Service are governed by French law. This applies to both substantive and formal rules, notwithstanding the place of performance of substantial or accessory obligations.