TERMS AND CONDITIONS OF USE AND SALE
IBAcentral is a website offering its Visitors and Users research, help and management tools for financing and management of their Projects in the field of movies, audiovisual content, new media and video games, under the terms and conditions detailed hereafter.
The Services of the Site are detailed below in article 4 – Definition of the Services of the General Terms and Conditions of Use and Sale.
The current General Terms and Conditions of Use and Sale aim to define the terms and conditions under which Visitors and Users shall use the Site.
It is agreed that the Use of the Site implies the Visitors and Users’ full and complete approval of the Terms and Conditions of Use and Sale. If a Visitor or a User does not accept the Terms and Conditions of Use and Sale Terms, he/she shall cease to use the Site and the Services.
These Terms and Conditions of Use and Sale may be downloaded and printed by any person visiting the Site.
- PUBLISHER INFORMATION
Pursuant to article 6III 1b) of the French law n°2004-575 of June the 21st 2004, modified by the law n°2006-64 of January 23rd 2006, the information pertaining to the Site’s publisher identification is :
IBA Central, SAS, registered under RCS number 827 609 017, with headquarters at 1, rue des Saintes 16000 Angoulême, represented by Stéphanie Chapelle, President.
Phone: 33 (0)7 67 21 69 57
Publishing director: Stéphanie Chapelle
Hosting service provider: OVH
The Site has been designed and realised by: The Code is Green (Hubert Bettan)
« Account » refers to the interface made available to the Users for accessing the Site and Services;
« Account Manager » refers to any User having created a Project according to the conditions of article 6 – Project Management;
« Active Members » refers to any member of a Team being authorized to modify a Project within the limits defined by the Account Manager;
« Content » refers to the whole Site content, encompassing any document made available to the Users within the Services, and notably Project sheets, Forms, and Program sheets;
« Financing Program » refers to any system enabling individuals or undertakings to solicit financing for their Project, notably such as subsidies, scholarships, loans, refundable advances, tax credits… Visitors and Users understand that each Financing Program is independent of the Site and the Publisher and has specific regulation and eligibility criteria;
« Forms » refers to all standard forms enabling a User notably to apply to a financing Program, and possibly made available to the Users or Subscribers by the Publisher within the Services;
« Login » refers to the email address and password elected by the Users for the creation of their Account on the Site according to Art. 5 – Account opening;
« Members » refers to any member of a Team;
« Parties » refers collectively to the Publisher, the Visitors, the Subscribers and the Users;
« Passive Members » refers to any members of a Team having the rights to consult a Project within the limits defined by the Account Manager;
« Publisher » refers to IBA Central which contact details are written in article 2;
« Program Sheet » refers to a document gathering information pertaining to Financing Programs and possibly made available to the Users or Subscribers within the Services;
« Project » refers to any project developed by a Visitor or User and which information are transmitted to the Site by the Visitor or User. The Visitors and Users understand that any project that is not be adapted to the Services, and that the Publisher does not warranty the matching between the Projects and the Services, and more generally the Site.
« Project Sheet » refers to the part of the User’s Account where the User inserts the information pertaining to a Project. The Project Sheets are described in article 6 – Project Management;
« Services » refers to any services provided by the Publisher and available through the Site as described in article 4 – Description of the Services;
« Site » refers to the website and Services available at: www.ibacentral.com
« Subscriber »refers to any User which has subscribed one or several Subscriptions according to article 7 – Subscription offers. It is expressly agreed that all clauses applying to Users shall apply as well to Subscribers;
“Subscription” refers to all type of offers of Services detailed in article 7 – Subscription Offers.
« Team » refers to the individuals designated by the Account Manager in the conditions of Article 6 – Project Management;
« ToU-ToS » refers to the current general terms and conditions of use and sale;
« Users » refers to any person having created an Account on the Site following article 5 – Account Opening;
- DESCRIPTION OF THE SERVICES
4.1 – All Services are proposed to the Users within the frame of the ToU-ToS. Some of the Services are openly accessible for Users, others require an Account or a Subscription, others require that the Publisher drafts a specific Quote. It is understood that all Services shall be ruled by the present ToU-ToS.
4.2 – Visitors freely accessible Services
The Visitors have, through the Site home page access to a research tool working as follows:
- The Visitor types in the name of its Project and validates it
- The Visitor selects the kind of Project within the submitted proposals;
- The Visitor is requested to type in a contact e-mail address, where a link to the corresponding Project Sheet will be sent. The Visitor understands that without communicating an e-mail address, he/she will not be able to benefit from the research tool of the Site.
- If and only if, the Visitor has transmitted an e-mail address, the Visitor will be able to answer a series of questions enabling him to define its Project. In case the Visitor opens an Account according to article 5 of the ToU-ToS, the information will constitute the first information of its Project Sheet.
- At the end of the process, the Visitor will be informed of the possible eligibility of its Project to financing Programs.
It is understood that the access to the precise list of Financing Programs, and to the information on the Financing Programs is available to the sole Users, and it is suggested to the Visitors to connect to their Account or to create an Account according to article 5 – Account Opening.
Moreover, the Users understand that the established list is purely indicative, can be incomplete, and does not give any indication on the treatment by the Financing Programms of the subsidies applications of the Users. Generally, the Publisher’s obligations are limited according to dispositions of article 20 – Warranties and obligations of the Publisher.
In case the Visitor does not login into an Account, all information will be lost and the Publisher will save no information.
4.3 – Openly accessible Services for registered Account Users
Users registered with an account according to article 5 hereafter, have open access to following Services:
- Access to all Program Sheets pertaining to national public funding
- Creation of Project Sheets – being understood that Users may only complete the “general information” part of the Project Sheet, the other parts are open to Subscribers. The content of a Project Sheet is described at article 6 – Project Management.
4.4 Services subject to a specific Quote from Publisher
The Services detailed hereafter shall be subject to a specific Quote from the Publisher, in the conditions described in article 8 – Request for additional services:
- Advice in the matter of production and financing for a Project;
- Strategy of financing and exploitation for a Project;
- Document and financial expertise and files drafting;
- Financial management of a Project (drafting, depositing and follow-up of files);
- Business Affairs and personalized support for a Project;
- Administrative follow-up for co-productions;
- Simulation of various financial scenarios;
- And more generally all services not detailed in articles 4.2 to 4.4 of the ToU ToS
- ACCOUNT OPENING
5.1 – Registration
The User who registers to an Account may be a legal entity, including any company, association, collectivity or any other legal entity or an individual. In any case, the User must have the legal capacity to proceed with the opening of an Account.
When entering the information mentioned in article 5.2 hereafter and required for the opening of an account, the Visitor, User-to-be, warrants not to communicate false, incomplete, wrong or phoney information.
The Publisher reserves the right to refuse or invalidate the Account after the acceptance of any creation of Account when the information provided by the User is incomplete, false, misleading or phoney. The Publisher may also solicit from the User any written document justifying her/his situation.
5.2 – Account Registering Form
In order to open an Account, Visitors first fill in the Account registration form accessible from the home page of the Site and shall provide all the following required information:
- Name and first name
- Phone number
- Country of Residence
- Email address which will be used as log-in to connect with the Account
- Name of the structure
- Postal Address
- Country of Residence
- Phone number
- Role in the structure
After validation of the registration form, the new User receives a welcoming e-mail attesting the creation of the Account.
5.3 – Account functions
The Account is an interface enabling an User to access to the Site. The Account allows notably an User to access the Services of the Site as described in article 4 – Description of Services of ToU ToS, to manage her/his Projects and personal data.
5.4 – Login and Passwords
It is solely the User who is authorized to make use of the Login and password required for access to his Account. Should he allow Third Parties to use his/her Login and password, s/he shall take full responsibility for their actions, as if s/he himself had made use of the Login and password.
If a User has reasons to believe that his/her Login and/or password have come to the knowledge of unauthorized Third Parties or that Third Parties use the Services thanks to his Login and password, User must immediately modify the Login and password required to access his Account.
In case of loss of its Login and/or password, the User registered to an Account can ask to reset his “password” in the login space of the Site by clicking “password forgotten? “. User will be asked for the email address entered in the Account creation form. User will receive a hypertext link from which User will be allowed to generate a new password.
- PROJECT MANAGEMENT
6.1 – Creation of a Project Sheet
The creation of a Project Sheet may be started by a Visitor, according to the process detailed in article 4.2 – Services available to Visitors, then to validate the creation of a Project Sheet the Visitor shall connect to her/his Account or create an Account according to article 5 – Account opening
In any other case, in order to create a Project, every User must be connected to her/his Account, go to the “Project” page, then select “Create a Project”.
Then the User is asked to enter the following general information:
- Name of the Project
- Type of the Project (to be selected in a list)
- Category of the Project (to be selected in a list)
- Project stage (to be selected in a list)
The Project Sheet is then published and may be completed within the limits of article 6.2 hereafter.
6.2 – Project Sheet
A Project Sheet includes 8 separate Units:
- A “General” Unit, regrouping information transmitted by the User when creating a Project Sheet and detailed at article 6.1;
- A “Applicant” Unit, regrouping information and documents on the Project’s Applicant (available in the next version of the platform) ;
- A “Chain of Title” Unit regrouping information and documents on the rights holders of the Project and information and documents pertaining to original works (music, images, videos, signs…) the Project is based on, and for which the Applicant has acquired the rights (available in the next version of the platform);
- A “Personnel” Unit, regrouping information and documents related to the cast and crew (key personnel, technicians, performers, third party companies and suppliers) which are or will be working on the Project (available in the next version of the platform);
- A “Calendar” Unit regrouping information and documents related to the schedule of development, production and exploitation of the Project (available in the next version of the platform);
- A “Creative” Unit, regrouping information and documents related to the creative elements of the Project and notably the synopsis, scenario, graphical and technical conception… (available in the next version of the platform);
- A “Financial” Unit, regrouping all information and documents related to the financial elements of the project (development budget, production budget, financing plan, cashflow plan, recoupment schedule…) (available in the next version of the platform);
- An “Exploitation” Unit, regrouping information and documents related to targeted markets, marketing plan and sales to distributors, tv and publishers linked to the project. (available in the next version of the platform)
Access to the different Units is subject to the Subscription conditions of the User.
The Publisher may, if s/he deems it appropriate, add one or several Units to the structure of the Project Sheet. The Publisher though is not obliged to modify or improve the structure of the Project Sheet.
6.3 – Account Manager
Any User having created a Project becomes Account Manager of the Project.
It is understood that only the Account Manager is authorized to make payments on the Site, under the conditions of article 9 – Prices – Payment – Invoicing.
- SUBSCRIPTION OFFERS (available in the next version of the platform)
- REQUEST FOR ADDITIONAL SERVICES
8.1 – At any time, User may request additional Services from the Publisher, such as those listed in article 4.5 of the ToU-ToS. Each request of services shall be communicated in writing with at least details of the services requested by the User, and then shall be sent to the Publisher to the following address: firstname.lastname@example.org
8.2 – The Publisher will establish the corresponding Quote and transmit it to the User for validation. The Quote will include the prices and the applicable specific terms and conditions. The User is then committed to follow these specific terms and conditions.
8.3 – Furthermore, it is expressly understood that any written or verbal request from the User which leads to a beginning of implementation of the services covered by the Quote is considered as a tacit approval of the Quote even if the Quote has not been signed by the User. Furthermore, if the Parties have undertaken negotiations and discussions, User understands that any unjustified breaking of negotiations, notably sudden and/or late breaking without fair reason, may be punished according to French jurisprudence.
- PRICES – PAYMENTS – INVOICING
9.1 _ Prices
The Users understand that the Services mentioned in article 4.5-Services subject to a quote request, will be subject to a specific quote according to article 8-Request for Additional Services.
It is understood that the possible commercial advantages proposed to the Users (free month, price reduction…) will not be added up.
9.2 – Modes of payment
The Services that are subscribed through specific Quote according to article 9-Request for additional services, are payable according to the terms of the Quote.
9.3 – Ways of Payment
- Payment by wire transfer or cheques are accepted
- Payment via Paypal for currency other than euro
- Invoicing (available in the next version of the platform)
The Services mentioned in article 4.4 will be invoiced according to the terms of the specific Quote pursuant to article 8 – Request for additional Services.
10.1 – Withdrawal
Due to the nature of the services, i.e. they are delivered immediately after consultation of the Site and the Content, Service is starting before the end of the 14 (fourteen) day withdrawal period, and with the acceptance of the User to duly relinquish her/her withdrawal right, in accordance with provisions of article L.121-21-8 of the French Consumer Law. Consequently, the Users will not be able to use their withdrawal right. To stop the present commitments to the Site, Users have the possibility to use dispositions of article 22 – Termination and Account closing.
10.2 – Refund
Unless required by law, the Publisher is under no obligation to make any repayments. If Publisher determines that a User is entitled to receive a refund for part or all of the amounts disbursed, in particular with regard to article 17- Claim. This refund may be made through the method of payment originally used by User to make the corresponding purchase. In case of refund, User understands that the costs of the file management may be applied.
- DEFAULT OF PAYMENT
11.1 In case the User would be in default of payment of any due amount, a late payment penalty shall apply of 9% above the standard BCE rate on a yearly basis and will be calculated from the due date on. The Publisher will also be able to invoice an administration fee of 40 euros for the late payment procedure.
11.2 It is agreed that in case of late payment superior to 5 (five) days, the Publisher reserves the possibility to suspend the Subscription, and the access to all or part of the Services, or to suppress the Account of the Subscriber according to article 21 – Termination and Account closure. The User understands that, the case may be, the Publisher will definitively suppress her/his data registered on the Site.
- TECHNICAL CHARACTERISTICS OF THE SITE
12.1 – The Site and the Services are working on following technical configurations:
- Navigators: Chrome, Firefox, Safari
- Hardware: Mac, PC, tablets: Mac, PC, tablettes, mobile
- Operating Systems: IOS, Windows, Android, Linux
- Screen Resolution: all
12.2 – Before accessing the Site, Visitors and Users shall verify, under their own responsibility that the computer hardware is properly set up according to the technical specs of the above article.
12.3 – Visitors and Users are advised that any changes to their software and/or hardware configuration may result in degradation or inability to use the Site and the Services. Likewise, Users understand that the Site may be subject to modifications and / or updates that can modify the necessary configuration for its access in an optimum manner. The Publisher cannot be held responsible for the difficulties encountered by Visitors or Users who no longer meet the technical requirements to access the Site.
12.4 – The Publisher cannot be held responsible for any damage suffered by a Visitor or User if such damage is due to a technical incompatibility of the IT equipment of the Visitor or User with the Site.
12.5 – Visitors and Users shall, at their own cost and as pre-requirement to access the Site, benefit from the technical assistance, hardware and software necessary for Internet use, including sufficient speed of data transmission. The cost of Internet access and use shall be borne by the User. Users acknowledge that the characteristics and inherent constraints of the Internet do not guarantee the availability, security and integrity of data transmission over the Internet. The Publisher does not warrant that the Site will operate without interruption and without any malfunction. The operation of the Site may be interrupted at any time due to maintenance, updating or technical improvement, or to change its content and / or presentation.
12.6 – The Publisher does not warrant to Users and Visitors that the use of the Site and its Services meet their requirements, nor that the use of the Site may at any time be uninterrupted, fast, secure or error-free.
12.7 – The Publisher cannot be held liable for any malfunction, inability to access the Site or poor working conditions of the Site resulting from unsuitable IT equipment, disruptions due to the Visitors or User’s internet provider, Internet network congestion and / or for any other reason related to a fact outside Publisher’s control.
12.8 – The Publisher reserves the right to modify or improve the Site and services at any time. Such changes will come into effect as soon as they are published online.
In case of production or exploitation of the Projects, the Users shall mention the Publisher in the credits of the Project as:
Business affairs: “IBAcentral “
The Users will be able to show the logo of the Publisher along with the credit if they’d like to. The case may be, the Users shall ask the Publisher to supply the image file of the logo.
- INTELLECTUAL PROPERTY
The presentation and the Content (text, animated or non-animated images, know how, drawings, graphics, and any other element) of the Site are fully protected by the regulations pertaining to intellectual and industrial property. Any form of reproduction, modification, transmission, or publishing of all or part, to any use, is prohibited without the pre-approval of the Publisher. Also, the Visitors and Users shall not copy, reproduce, exploit, modify, alter, communicate or transmit, without pre-authorisation, for private or professional use, trademarks, logos, applications, data bases, patents, licences, photos, videos, know how, and any other element shown on the Site. It is also strictly forbidden to post online the Site on another URL without the express authorization of the Publisher.
The Publisher benefits notably on the Content of the author rights on the data base and all associated rights which are the property of the Publisher as database producer according to the section 4-Rights of data base producers of the French Intellectual Property Law (Code de la Propriété Intellectuelle).
The Users acquire on the created Projects the rights that the law grants them. The Publisher does not acquire any right upon the Projects created by the Users.
The Users uploaded documents on their Account, and notably in the Project Sheets stay the property of the Users, except any third-party rights.
The Users declare and warrant to have all necessary authorizations to reproduce and display, the information, documents, photos, videos, and any other data they are adding to the Project Sheets (hereafter « Information »). The Information coming from third parties which may be registered on the Site must show expressly their origin and shall comply with the French and International intellectual property regulation. The Users alone are liable for the content of the Information they are uploading on the Site.
The Users grant to the Publisher a worldwide non-exclusive licence, limited to the use of their trademark in the promotional material of the Site, and notably in a public client list. The Publisher accepts nevertheless to do reasonable commercial efforts to stop any particular use of a trademark at the latest 30 days after reception of a specific request of the User sent to the following e-mail address: email@example.com
- USERS LIMITATIONS, SAFETY AND WARRANTIES
15.1 The information stored by the Users on the Site, and notably in the Project Sheets, are strictly confidential.
15.2 To ensure this confidentiality, the Account Manager has access only to the sole documents of the Project he is Account Manager of. The Parts of the Project Sheets and the Forms published in the frame of the Project are accessible only to the Members selected by the Account Manager according to the ToU ToS.
15.3 The Publisher organizes the necessary means to secure the Site according to the available technologies, and to warrant as far as possible the confidentiality of the Information. For this purpose, the Site has secured its communication with the SSL (Secure Socket Layer) protocol, which controls automatically the validity of access rights of the different pages on the server, and warrants the User that the server to which s/he is connected is truly the one of the Site.
15.4 Also, in order to warrant the confidentiality of the exchanges between the computer of the User and the servers of the Site, the data circulating through the Internet are systematically encrypted with the SSL protocol from the connexion of the User to its account on. An authentication certificate is supplied for any « secured » page. The User may be sure that a page is encrypted when there is an icon « padlock » on its navigator. It is possible to consult the certificate by a simple clic on this icon.
15.5 However, the Users understand that no transmission method on the Internet or electronic storage method is 100% reliable. Consequently, the Publisher cannot warrant the absolute safety of the Information, which the Users accept.
- THIRD PARTY SERVICES
16.1 Visitors and Users acknowledge that the Site may contains hypertext links to other internet sites and services published by third parties (hereafter « Third Party Services »).
16.2 The Publisher does not warrant that the information contained in the hypertext links or in all other Third Party Services are accurate, complete or true. Consequently, any access to a Third Party Service related to the Site shall be done under the sole, full and total responsability of the Visitor and the Users.
16.4 Accordingly, the Site may contain ads and links to Third Party Services. Visitors and Users understand that the Publisher is in any way related to the Third Party Services and cannot be held liable for the products or services promoted or for services executed by Third Party Services.
17.1 Any claim from the Users shall be sent to the following address: IBAcentral SAS, Service Clients, 1 rue des Saintes, 16000 Angoulême, or by e-mail to : firstname.lastname@example.org.
17.2 Users understand that any claim shall be notified, by e-mail or letter, within a maximum of 30 working days after the Subscription on the Site.
17.3 The Publisher is committed to answer the claims within a reasonable time limit from the reception of the information or documents related to the claim.
17.4 The Publisher may, if he deems it necessary, propose, depending on the case, a refund or a credit note, that may be used on the Site during a limited period of time. It is understood that the Publisher will not proceed to any refund of administration fees due or paid by Users for Financing Programs or Third Party Services.
17.5 In case of refund, Users understand that management fees of 25 euros may be applied.
17.6 It is understood that the Publisher will take into account only claims on Services. Consequently, the Publisher will not answer to claims on:
- The results of financing requests by Users
- The change of mind of the User regarding the use of the Services
- USER CARE – TECHNICAL SUPPORT
18.1 For any technical difficulties linked to the Site use, Users may benefit from a technical support available on following contact details:
- Email: email@example.com
- Téléphone : +33 (0)7 67 21 69 57
18.2 The technical service is available within the following limits:
- From Monday to Friday from 9 am to 7 pm
- MAILING – PROSPECTION
Visitors having transmitted their e-mail and Users having opened an Account agree to receive communications and commercial offers on products and/or services supplied by the Publisher by any means and notably by e-mail, letters, sms or phone. Users receive also a newsletter on the e-mail address they have entered in their Account.
It is understood that Visitors and Users will be able to opt out from any electronic communications sent such as newsletters if they wish to by clicking on « unsubscribe » shown at the end of each electronic communication.
- VISITORS AND USERS LIMITATIONS AND WARRANTIES
20.1 – In general, any use of the Site and Services shall not be improper or excessive and must be in compliance with applicable laws. Visitors and Users shall comply with nationally or internationally applicable laws and regulations and the present ToU-ToS.
20.2 – Users state and warrant to be duly authorized, the case maybe, to represent and commit the public or private organization they act for.
20.3 – Visitors and Users warrant that their use of the Site, its Content and its Services does not aim to illegal or immoral ends, including that could be contrary to the use described in the ToS ToU. The Users are committed not to use the Content and the Services proposed by the Site for illegal means or with the objective of committing illegal, offensive or criminal acts.
20.4 – Users shall communicate to the Publisher sincere and true information and any information and documents requested for execution of the Services. It is to be reminded that the civil and penal liability of the Users would be engaged in case of communication of false documents and or untrue elements within the process of administrative or judiciary applications.
20.5 – Visitors and Users understand that the Publisher offers them the Content and Services for their sole personal use. It is notably understood that Visitors and Users shall not make commercial use of the Site, the Content, or the Services. In this way, Visitors and Users commit not to sale, rent or commercialize the Content and Services they have access to in the frame of their use of the Site and the Services.
20.6 – Furthermore, Users are committed not to directly or indirectly:
- Use within the Services any element or content that could infringe the intellectual or industrial property rights, the privacy rights and/ or image rights and/or any other third party rights;
- Create, Use, share and/or publish by any mean (forum, public profile or elsewhere) in the frame of the Services any material (texts, discussions, images, sounds, videos etc..) or content that, in the eyes of the Publisher, has an aggressive, threatening, malicious, pornographic, paedophiliac, defamatory, deceptive, libelous, obscene, racist, xenophobic, inciting to hate, sexually explicit, violent or illegal character or could be contrary to good moral standards or any other questionable way.
- Create, use, share and/or publish by any means (forum, public profile or other) within the framework of Services, any material (texts, discussions, images, sounds, videos etc…) which would constitute the infringement of a privacy obligation or which would incite to commit an illegal activity (notably piracy, hacking or diffusion of forged software);
- Have activities aiming at getting access to parts of the Services the User has not been allowed to have access to;
- Modify, falsify, block, anomaly increase the size, disrupt, slow down, and/or stop the normal functioning of part or all of the Site or the Services, or their access by other users, or the functioning of the partner networks of the Services or attempt to do all what precedes;
- Transmit or dispatch any virus, Trojan horse, worm, bomb, altered file and/or similar destruction method or corrupt data in the framework of the Services, and/or organize, participate or being involved in any form in an attack against the servers of the Publisher and /or the Services and/or the servers and/or services of suppliers and partners;
- Harass other Users of the Site, sending them spam to commercial aim, use the Services for survey, competition, pyramidal sales or any kind of similar operations, or by sending mailings, spams, advertising or any other unsolicited promotions, for commercial or non-commercial purpose;
- Use the Account of another User of the Site, to use the identity of another User and use fake personal information when interacting with any individual or legal entity in the framework of the Services or when using the Services;
- Gather or intercept by any means that would not expressly be authorized by the Publisher, data exchanged by other users of the Site in the framework of the Services or the names/pseudo and/or passwords of any other Users;
- Attempt to obtain a password, information on other Accounts or other private information from any other User of the Site, and/or sell, rent, share, lend, and/or with any other means transfer to third parties the Account and/or the means to access it and / or any other means to allow third party to access the Account;
- Do inappropriate use of the support service of the Publisher;
- Access, use, download from the Services or reproduce or supply to anybody (freely or against a payment) any list of Users of the Site or any other information on the Users or the use of the Services.
20.6 Visitors and Users are committed not to arrange, modify, decompile, dissemble, proceed to reverse engineering, translate, adapt, reproduce, circulate, display or transfer any information, any software and generally any element of the Site, its Content, and its Services. The re-publishing or automated use of the Services and its Content are expressly forbidden.
20.7 – Users shall inform the Publisher of any use that they could deem as abusive and/or contrary to the ToU ToS.
20.8 – In case of obvious abuse from an User, the Publisher reserves the right to block access to the Site to some IP addresses and suspend or close the Accounts according to article 11- Default of payment and 21 – Termination) Account closure. In this framework, the IP address can be used to identify the Visitor or User in order to enforce the ToS ToU.
20.9 – The Users are committed to exempt the Publisher from any contribution for damage request, compensation or costs of any kind that could be pronounced consequently to (i) losses that have not been caused by the fault of the Publisher, (ii) commercial losses (including profit losses, profit, contracts, expected savings, data, clients or useless expenses), (iii) losses, indirect or consecutive which were not foreseeable (iv) a loss resulting from an entered Information or from a failure by the Users to comply with the obligations of the ToU ToS.
20.10 – Otherwise Users are committed to intervene on the side of the Publisher and to hold harmless the Publisher from any expense, costs or damage in case of claim against the Publisher made by another User and/or a Third Party for a fact that is their liability.
- WARRANTIES AND LIABILITIES OF THE PUBLISHER
21.1 – The Publisher does not warrant that the Site, its Content and its Services will correspond to the requirements of the Visitors and the Users or that their use by them will be uninterrupted and free of any error. The total risk regarding the quality, the performance and the use of the Site, its Content and Services is only supported by the Visitors and Users.
21.2 – The Publisher accept no responsibility for the possible direct, indirect, accidental, consecutive or special damages related to the access or the use of the Site and the Services or suffered consequently to them, included, but without limiting to it, any loss or damage occurred by viruses affecting the computer equipment of the Visitor or the User or resulting from an information obtained through the Site.
21.3 – Even if the Publisher tries to ensure – by all means that can be reasonably expected from the Publisher – that all information available throughout the Site is correct, there can be no warranty for it, and Publisher has no liability for the accuracy, exhaustive character, and to the truthfulness of all element of information available on the Site, all information available on the Site is only published as informative without any implied or explicit warranty.
21.4 – It is notably agreed, that if the Publisher regularly updates the database of the Program Sheets, the information contained in the Program Sheets are not submitted to the Users for other purpose than informative and shall not engage the liability of the Publisher. In order to check the eligibility of their Projects to Financing Programs, the Users shall peruse the rules of the corresponding Financing Programs or the regulations applicable to the corresponding Financing Program.
21.5 – By the same token the lists of personalized Financing Programs available when need be for Visitors and Users are only a practical tool. The Publisher does not warrant that the lists are exhaustive nor the eligibility of the Projects to the Financing Programs mentioned in this list. Visitors and Users understand that the real eligibility of a Project depends on numerous factors and on the financing strategy of the Visitor and the User. In order to check the eligibility of their Projects to a Financing Program, Users must refer to the rules of the corresponding Financing Program or to the regulations applicable to this Financing Program.
21.6 – Furthermore, even if the Publisher make every effort to precisely inform the Users of the deadlines applicable to the Financing Programs or any other deadlines, according to the Subscription of the User, the Publisher will not be liable in case the User will miss a deadline because of an Alert or if the User has not communicated the Application in due time to the Financing Program.
21.7 – The Publisher warrants the validity of the Forms sent to the Users, the case may be, under the condition that the Users use them in accordance with their rules, and within a time frame of 30 (thirty) days from reception of the Form. It is understood that the Publisher does not warrant the information or the use of the Forms as it is the responsibility of the User to fill them.
21.8 – The Publisher will not be held responsible of all indirect or immaterial damage, whatever it is, that the User could suffer from, the case may be, the use of the Forms, and notably of all financial or commercial damage, loss of profits, loss of data, and this even if Publisher has been informed of the eventuality of such a loss or damage.
21.9 – It is reminded that the Publisher is not part of the production of the Projects and cannot be liable for any copyright infringement by the Projects for which the Users require the Services of the Site.
21.10 – The Publisher is not liable for the insurers, nor for the indirect damages, or loss of chance, loss of gain or expected benefits, nor of financial consequences of possible proceedings by third parties against the Users.
21.11 – The Publisher reserves the right to modify at any moment, and without notice, its equipment, technical characteristics and availability.
21.12 – THE PUBLISHER DOES NOT MAKE ANY STATEMENT OR GIVE ANY OTHER WARRANTY THAN THOSE EXPRESSLY STATED IN THE PRESENT ARTICLE.
- TERMINATION AND ACCOUNT CLOSURE
22.1 – By the Users
If a User wishes to close his Account, s/he can do so at any time, as long as he does not have any current Subscription, by clicking on the “delete my account” tab or by sending an e-mail to: firstname.lastname@example.org.
The case may be, the User understands that the Publisher will suppress all information and data saved in its Account.
If Publisher does not comply with its obligation as detailed in article 20 – Warranties and liabilities of Publisher, and 15 (fifteen) days after sending to the User of a letter with acknowledgement of receipt that remain without corrective action, the Account will be terminated without need of any other procedure. The Users understand that they will be able to obtain compensation for sole direct damages due to the failure of Publisher, excluding indirect damages, and in the limit of a one-year Subscription amount.
22.2 – By the Subscribers
A Subscriber cannot close her/his Account without terminating her/his Subscription.
If a Subscriber wishes to terminate her/his Subscription, s/he can do so by sending a letter to the Publisher to the address detailed at article 2 – Publisher of the Site.
It is agreed that payments for the pending month or year shall stay definitely acquired to the Publisher, and shall not in any case be reimbursed, and the Subscriber shall continue to pay her/his Subscription until the term of the pending period.
If Publisher does not comply with her/his obligation as detailed in article 20 – Warranties and liabilities of Publisher, and 15 (fifteen) days after sending to the User of a letter with acknowledgement of receipt that stayed without corrective action, the Account will be terminated without need of any other procedure. The Users understand that they will be able to obtain compensation for sole direct damages due to the failure of Publisher, excluding indirect damages, and in the limit of a one-year Subscription amount.
22.3 – By the Publisher
The Publisher reserves the right to suppress the Account of an User or a Subscriber in case of:
- Default or delay of payment superior to 5 days;
- Infringement of the Intellectual Property Laws;
- Failure of the User or the Subscriber to comply with one of their obligations according to the ToU ToS;
The Publisher will be able to stop at any time access to the Site and to the Services in case of :
- Failure of the User or Subscriber to comply with one of her/his obligations according to the ToU ToS;
- PERSONAL DATA PROTECTION
23.1 – The personal data files of the Site have been declared to the CNIL under number 2108400 v 0.
23.2 – The Publisher attaches great importance to the protection and security of Users data. Accordingly, the Publisher pays particular attention to the protection of Visitors and Users’ personal data.
23.3 – To connect to his Account, a User must enter a log-in and password. To create a User Account a User shall transmit the information required in article 5-Account Opening of the ToU-ToS and notably her/his various personal contact details. The Publisher may use this information to:
- Check, manage and update the User’s Account;
- Process orders and billings;
- Contact Users in the frame of the Services;
- Advise Users on customer advices and communicate information regarding the Publisher and all its products by e-mail, letter, phone or text;
- Comply with legal requirements and regulations.
23.4 – The Publisher complies with industry standards to protect Users personal data. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. While Publisher uses commercially acceptable means to protect Users personal data, Publisher cannot guarantee its absolute security. It is understood that the Users password are encrypted and that Publisher has no access to such passwords.
23.5 – According to the law “informatique et liberté from January 6th 1978 as modified, the Users have the right to access and modify their personal information. The Users may access their own information through a request to Publisher at the address mentioned in Article 2 of the ToS ToU.
23.6 – Users may consult and modify their personal data via « My Account » tab.
23.7 – Users may also, for legitimate reasons, oppose the processing of their personal data. To learn more about their rights Users may visit CNIL website.
23.8 – Publisher communicates Users data only in the following cases – any other data processing shall not be done:
- Transfer to sister or mother companies, that would be subject to the present ToU ToS, or enforce dispositions that have at least the same level of protection;
- Transfer to the commercial partners having concluded a distribution contract with the Publisher and who are committed to data protection regulations as the Publisher is;
- Transfer to suppliers who are in charge on behalf of the Publisher of carrying services such as orders of equipment, payments (credit card), processing of late payments, customers services or data processing;
- Transfer in case of company restructuring such as merger and acquisitions and transfer of important part or all of Publisher shares;
- In the framework of legal obligations or if a transmission is necessary to comply with the contract between Publisher and User or Subscriber.
24.2 – Users and Subscribers understand that cookies do not contain any personal data, and will not be used by Publisher to commercial ends.
- EVIDENCE PROTECTION
Publisher saves the Quotes and Invoices that are established according to the present ToS ToU on a trustworthy and sustainable media as a sincere copy. The digital records of the Publisher shall be considered by the Parties as evidence of the communications, orders, payments and transactions made between the Parties.
- FORCE MAJEURE
Notwithstanding anything herein contained to the contrary, neither party shall be liable to the other in damages because of any failure to comply with their obligations hereunder caused by any « force majeure event » or a fortuitous event, because of the other Party or a third party or external causes such as social unrest, intervention of the civil or military authorities, natural disasters, fire, water damage, interruption or malfunctioning of telecommunication network. However, it is understood that the Party concerned by the force majeure event shall do everything in its power to limit the duration and effects of such force majeure event or external cause.
Specifically, Users understand that Publisher cannot be held liable for any malfunction or interruption in the procurement of the Services related to or resulting from a force majeure event or any damage that may result from the said malfunctions and interruptions.
- TOLERANCE – NON-RENUNCIATION
The fact for a Party not to demand execution of any disposition of the ToS ToU or to tolerate the non-execution, in a temporary or permanent manner, shall not be construed as a renunciation by a Party to exercise the rights it has according to the ToS ToU.
In the same way, the fact for a Party to tolerate a non-execution or partial execution of the ToS ToU or more generally tolerate any act, omission, abstention of the other Party that would not be in accordance with the ToS ToU does not confer any right to the Party benefiting from such a tolerance.
- INTEGRITY – SEVERABILITY
The present ToU-ToS represent the integral commitment of the Publisher and the Users, under the conditions of possible further modifications of the present ToU-ToS made by the Publisher in the limits of article 29 hereunder.
In the case when one of the provisions of the ToU-ToS would be declared void or inapplicable due to statutory or legal provisions, present or future, or in virtue of a Court decision and emanating from a competent organism, this disposition would be declared not written. The Publisher shall then replace the provision with a new provision with the closest meaning. It is understood that all other provisions stay unchanged in that case.
The original language of the present ToS ToU is French, the case may be, every translation of the ToU-ToS is only proposed as courtesy, and shall in no case prevail on the French version.
- MODIFICATION OF THE ToS-ToU
30.1 – At any moment, Publisher reserves the possibility to adapt or modify at any moment the present ToU-ToS under the condition of informing the Users and Visitors. Once published online at the disposal of the Users, such modifications are immediately effective.
30.2 – For any modification, the Publisher will inform the Users of the modification of the ToU-ToS on the Welcome page of the Site, by message, e-mail, or any other adapted mean. The ToU ToS are also available at any moment on the Site under the mention ToU-
30.3 – If Users and Visitors continue to use the Site after modification of the ToU-ToS, they accept explicitly or tacitly the modifications of the ToU-ToS. If the Users or Visitor disagree with the ToU ToS, they shall stop using the Site immediately and shall proceed to the suppression of their Account according to article 21 – Termination and Account closure of the ToU-ToS.
- APPLICABLE LAWS AND JURISDICTION
The present ToU-ToS are submitted to French law.
For any lack of amicable settlement, any claim or dispute arising out the performance of the ToU-ToS or any breach thereof shall be governed by the commercial rules of the competent French courts, being understood that French law governs ToU-ToS.