General terms and conditions of use of the
“WWW.telmondis.COM or WWW.telmondis.FR” WEBSITE
1. GENERAL USE
The website accessible at the following URL address: “www.telmondis.com” (hereinafter the “Website”) is the institutional site of TELMONDIS, which is a department of AUBES PRODUCTIONS.
The purpose of these general terms and conditions of use of the Website (hereinafter “Terms and Conditions of Use”) is to inform the user (hereinafter the ”User”) of the conditions under which he may access the Website and in particular the on-line streaming service covering audiovisual programmes (in whole or in part) from the Company’s commercial catalogue, which is restricted to professional Users and can be accessed from the Website (hereinafter the “Streaming Service”), and if appropriate, use content of any kind appearing on it or attached to it (including, inter alia, any information, databases, data, files, text, images, photographs, audio and video clips, user interfaces or any other work protected by copyright or by any other property right, together with any business-related messages and information transmitted to the User by the Company, as referred to in Article 6.2 below) (hereinafter the “Data”).
You have at any time a right of access, modification and rectification of personal information collected according to our confidentiality policy.
These conditions of use are in accordance with the General Data Protection Regulation adopted by the European Parliament on April 14, 2016, and the French Law of January 6, 1978, as amended.
2. ACCEPTANCE OF TERMS AND CONDITIONS OF USE
By using or simply viewing the Website, the User is deemed to have agreed to abide by these Terms and Conditions of Use. The User should therefore read these Terms and Conditions of Use carefully, print them out and keep a copy.
3. CHANGES TO THE WEBSITE AND TO THE TERMS AND CONDITIONS OF USE
The Website is likely to evolue and the Company may see fit to change it and/or to change these Terms and Conditions of Use, in whole or in part, at any time.
These changes will be implemented without prior notice. Therefore, Users of the Website are invited to consult the latest version of the Terms and Conditions of Use, as published on the Website, each time they initiate a session.
Users who do not accept the changes made by the Company to the Website or to the Terms and Conditions of Use are advised not to access or use the Website.
4. USE OF THE WEBSITE
4.1 Access to Website content
Users may freely consult the Data present on the Website provided that they comply with the intellectual property rights as defined in Article 5 below. However, consultation of Data present on the Streaming Service is subject to compliance with the conditions laid down in Article 4.2 below.
The Data may be updated by the Company at regular intervals, at its convenience.
Despite all the care taken in creating and updating the Website, Users may still encounter errors, inaccuracies or omissions, and experience connection problems or interruptions in the service. The Company disclaims all liability in this regard.
4.2 Registration for the Streaming Service
The right to register for the Streaming Service is strictly limited to professional Users engaged in the production and distribution of audiovisual programmes, linked to the requirements of their professional activities.
Users who wish to register should complete the designated application for access to indicate their consent. After checking the User’s professional capacity as described above, the Company will send him a user ID and password. This user ID and password are limited to strictly personal use by the User and cannot under any circumstances be transferred to third parties without the Company’s prior written consent. The Company may also, at its discretion, deactivate them at any time.
The Streaming Service enables the User to stream (but not to download or record, in any technical format) audiovisual programmes (in whole or in part) from the Company’s commercial catalogue; the User undertakes to stream these programmes solely for the purpose of determining whether he wishes to acquire any rights over them, linked to the requirements of the organisation that he represents. This streaming right is conferred in a strictly personal capacity, and is not assignable or transferable to third parties.
The User is informed that streaming of programmes is limited to an informed public. The User guarantees that he will take the necessary precautions at the time of streaming and that he is old enough to stream these programmes.
Users may unsubscribe at any time, either by using the Unsubscribe link [at the foot of the “My Account” page], or by sending a request by email to the following address: firstname.lastname@example.org or by post to: AUBES PRODUCTIONS / TELMONDIS – 7-15 rue du Dôme, 92100 Boulogne-Billancourt.
Users are informed that, in order to register for the Streaming Service on the Website, they must transmit personal data, which will be used and retained by the Company under the conditions provided for in Article 6 below.
5. INTELLECTUAL PROPERTY RIGHTS
All pages of the Website, containing Data are likely to be protected by copyright legislation, and are the property of the Company and/or third parties.
Data may not be reproduced and/or represented and/or disseminated, in whole or in part, without the Company’s prior written consent.
Nevertheless, the Company hereby grants Users the right to view, memorise and reproduce copies of pages or extracts from pages of the Website, solely for their own requirements, on the understanding that this right may not be assigned or transferred to third parties.
As a reminder, the Streaming Service enables the User to stream (but not to download or record, in any technical format) audiovisual programmes (in whole or in part) from the Company’s commercial catalogue; the User undertakes to stream these programmes solely for the purpose of determining whether he wishes to acquire any rights over them, linked to the requirements of the organisation that he represents. This streaming right is conferred in a strictly personal capacity, and is not assignable or transferable to third parties.
The User agrees to comply with all applicable national, community and international laws and regulations, especially those relative to copyright, trademark and patent law, media law and communications law.
Consequently, the User shall notably refrain from:
- reproducing or transferring the Data, in whole or in part, for the purpose of selling, distributing, broadcasting, publishing or communicating same, in any format;
- reusing any Data for commercial or promotional purposes;
- introducing any information onto the Website which changes or might change the content or appearance of the Data in any way and, more generally, which might harm the integrity of the Data.
In the case of reproductions authorised strictly for the User’s own requirements (see above), the following information shall be visible on each copy of the reproduction:
“© Copyright AUBES PRODUCTIONS SAS”
All rights attached to the © Copyright shall continue to be owned by the holder of these rights.
Due to the large number of photos present on the Website, the relevant photographic credits appear directly on any photos present on the Website.
5.2 Trademark law
Any trademarks, whether figurative or otherwise, displayed on the Website, are trademarks, whether registered or not, belonging either to the Company (or held by it), particularly the “TELMONDIS” trademark, or to third parties (hereinafter collectively referred to as the “Trademarks”).
Reference to any Trademarks on the Website shall in no way constitute an implicit or explicit concession of user rights, a licence or authorisation of any kind relative to the said Trademarks, unless specific prior consent has been granted in writing by the Company and by any third parties concerned, as the case may be.
Any use of the Trademarks referred to on the Website, without prior consent in writing from the Company and from any third parties concerned, as the case may be, is strictly prohibited. The Company and/or the third parties concerned may instigate any legal proceedings, including criminal proceedings, to ensure compliance with their rights over the Trademarks.
6. PERSONAL INFORMATION AND DATA
Any personal information and data are protected under our confidentiality policy in accordance with the General Data Protection Regulation adopted by the European Parliament on April 14, 2016, and the French Law of January 6, 1978, as amended.
7. LIABILITY – LINKS TO THIRD PARTIES
7.1 Exclusion of liability
The Company disclaims all liability in the event of any abusive or illicit use or exploitation of the Website content, in part or in whole.
The Company offers no guarantee whatsoever regarding the Website, and more generally, all of the Data accessible on the Website. The Company (or any third party involved in the creation of the Website) shall not under any circumstances be held liable vis-à-vis or indebted to any User of the Website or any other third party, for any direct or consequential losses arising from use of the Website, or of any other site connected by a hyperlink, whether in respect inter alia of loss of earnings, business disruption, loss of software programs or other data from the information systems of the User of the Website or of any other third party, even if the Company is expressly informed that such damage is possible. A User’s connection to any other site is established at his own risk.
The User further warrants to the Company that he shall use the Website strictly in accordance with these Terms and Conditions of Use and the legislation in force. In this connection, the User shall hold the Company harmless against any recourse, including legal fees and legal costs, orders against it, damages, losses, costs and sundry disbursements incurred by the Company, resulting from any complaint, demand, claim, recourse, lawsuit or order that directly or indirectly arises or originates from or is based on a violation of these Terms and Conditions of Use and/or the legislation in force.
Despite all of the care taken in building the Website, the Website may contain inaccuracies and/or spelling mistakes and/or omissions in the Data presented. Changes and updates are made to the Website by the Company, which shall not be held liable for the quality, accuracy, timeliness, orderliness or completeness of the Data appearing on the Website, nor bound by any obligation to update the Data. No authority has confirmed the accuracy or satisfactory nature of the Data appearing on the Website.
In order to improve the Website or at the time of any scheduled or emergency maintenance operations, the Company may be obliged, from time to time, to make the Website temporarily unavailable, without first informing Users. The Company cannot be held liable for any damage or loss caused by such maintenance operations.
7.2 Links to other Internet sites
The Website may contain images and links to other Internet sites or sources managed by third parties (hereinafter “External Websites”). The Company exercises no control over External Websites and cannot assume any liability regarding their content or the content of any links presented on External Websites or changes or updates made to any External Website. Consequently, the Company shall not be liable for the broadcasting on the Internet of any information received from an External Website, even if the External Websites are not working properly or not working at all, or damage the User’s information systems.
These links are offered by the Company to the User solely for his convenience, and the insertion of any link does not mean that the Company approves the content of these External Websites, nor does it imply a legal relationship of any kind between the Company and the operators of External Websites. The User’s connection to any other site linked by a hyperlink to the Website is established at his sole risk. It is the User’s responsibility to comply with any regulations applicable to External Websites and with their respective general terms and conditions of use.
Reference to any links or trademarks, names, services, domain names and designations of other companies, on the Website, in no way implies the existence of an association of any kind between the Company and these companies, products or services, trademarks, names or designations.
Use of the Website’s functionalities may require the introduction of cookies. These cookies are activated by the Company’s server each time the Website is used and are not stored on the User’s computer, thereby preserving his anonymity.
Cookies do not allow the Company to identify the User. They only record information relative to the User’s browsing on the Website (pages consulted, date and time of consultation, etc.).
Any User may prevent cookies recording his browsing activities by configuring his computer as follows:
- If browsing the Website using Internet Explorer 6 (Microsoft):
Click on “Tools”, “Internet Options”, “Privacy” and specify the desired cookie setting.
- If browsing the Website using versions of Internet Explorer (Microsoft) earlier or later than version 6 or other browsers (Firefox, Netscape, etc.):
Please refer to the relevant help files or user manuals.
If the User’s browser is configured to reject cookies, even though cookies should be accepted in order for the Website to function smoothly, access to all or part of the Website may be impaired or even prove impossible. The Company cannot therefore guarantee that the Website will function smoothly if the User has not activated cookies to record data.
Since the Internet is by nature a global network, all content and all data transmissions on and around the Website, which are accessible from French territory, together with these Terms and Conditions of Use, are subject to the provisions of French law.
Consequently, any dispute relative to the interpretation or performance of these Terms and Conditions of Use, and more generally any dispute linked to - or related to - access to or use of the Website and Data, will be subject to the exclusive jurisdiction of the Paris courts.