GENERAL TERMS AND CONDITIONS OF SUBSCRIPTION TO CINESSANCE SERVICES IN EFFECT AS OF 25th OF OCTOBER 2021
ARTICLE 1. SUBJECT MATTER
The present General Terms and Conditions of Subscription (including its appendices, such as the tariff conditions in force at the time of subscription) (the "GTC") apply to any subscription to the Cinessance service (the "Cinessance Service") published by Cinessance, a simplified joint stock company with a capital of €2,000, registered with the Paris Trade and Companies Registry under number 897 983 946, whose registered office is located at 128 rue de la Boétie, 75008 Paris, France (the "Cinessance Company"). They apply to any individual of legal age, residing in the United States, its possessions and territories and in English and French-speaking Canada (the "Territory") and having chosen to subscribe to and use the Cinessance Service, regardless of the methods chosen to access all or part of the Cinessance Service.
ARTICLE 2. DEFINITIONS
Content: refers to all content of any kind (audiovisual, text, graphics, etc.) accessible to Cinessance Service’s Subscribers (subject to possible restrictions of rights holders). Distributor(s) of the Cinessance Service: means any operator authorized by Cinessance to distribute the Cinessance Service. Electronic communication networks: any network, as defined in Article L. 32 of the French Post and Electronic Communications Code, i.e., any installation or set of transport or broadcasting facilities and, where applicable, other means of routing electronic communications, in particular those for switching and routing. The following in particular are considered to be electronic communications networks: satellite networks, terrestrial networks, systems using the electrical network insofar as they are used for the routing of electronic communications and networks ensuring the broadcasting or used for the distribution of audiovisual communication services. For the purposes of these GTC, it is specified that the electronic communication networks are those providing access to the Cinessance Service, including, but not limited to, the Internet, all mobile, wireline and satellite networks. Mobile application stores: means an online platform (or "store") offering to the general public applications, free or paying or with integrated purchases, intended for computer or mobile operating systems, accessible via the Internet or any compatible network. Subscriber: any natural person of legal age residing in the Territory who subscribes to all or part of the Cinessance Service (including through free trial periods, promotional offers or privileged offers or gift cards sold in shops). Subscriber's Account: refers to the space reserved for the Cinessance Service User by means of a login and a password and allowing him/her to access all or part of the Cinessance Service contents, depending on the access modalities chosen by the Cinessance Service User. Subscription: subscription to the video on demand offer edited and marketed by Cinessance allowing the provision of content within the "family circle" at the time chosen by the User during the duration of his subscription to the Cinessance Service and according to the different methods of access to the Cinessance Service available on the day of his subscription. Territory: United States and its territories and possessions and English and French-speaking Canada. User: any user of the Cinessance Service.
ARTICLE 3. DURATION - RENEWAL - ACCEPTANCE OF THE GENERAL CONDITIONS OF SUBSCRIPTION
Subscription to the Cinessance Service includes a periodical subscription, for the term proposed by the Cinessance Company, which may vary according to the methods chosen by the Subscriber to subscribe to the Cinessance Service. The Subscription to the Cinessance Service may give rise to a free trial period, promotional offers or privileged offers or gift cards sold in shops, giving the possibility of temporary access, in whole or in part, to the Cinessance Service, for terms determined by Cinessance and/or its partners, indicated to the User at the time of his/her purchase or subscription. After this period of use of the Cinessance Service as authorized by the free trial, the promotional offers or privileged offers, or the gift cards sold in the market, the Subscription to the Cinessance Service is subscribed to in principle for a period of 1 (one) month or 1 (one) year from the date of subscription, or for any other paid subscription period that will be proposed to the Subscriber at the end of his/her free trial period, of the promotional offer or privilege offer or of the period covered by the gift card he/she will have benefited from. Cinessance and/or its partners may freely define any limit to the possibility of cumulating free trial periods, promotional offers, privileged offers or access periods to the Cinessance Service through gift cards, these limitations being made known to the Users and Subscribers at the time of purchase or subscription to the Cinessance Service. Except at the end of a period of access to the Cinessance Service resulting from a free trial, a promotional offer, a privilege offer or a gift card, the duration of the Subscription is automatically renewed by tacit agreement for a duration identical to the one initially subscribed to, unless the Subscriber cancels under the conditions specified below. Access to the Cinessance Service is subject to the full acceptance by the Subscriber of the GTC in force at the time of connection and use of the Cinessance Service. Cinessance reserves the right to modify the GTC at any time, in particular due to changes in the offer or the features of the Cinessance Service or for any other reason. These modifications are brought to the attention of the Subscribers and users of the Cinessance Service when they access the Cinessance Service. Users and Subscribers of the Cinessance Service are invited to regularly consult the General Terms of Subscribers posted on the Cinessance Service.
ARTICLE 4. CINESSANCE SERVICE
4.1. CONDITIONS OF ACCESS TO THE CINESSANCE SERVICE AND SERVICE FEATURES
Cinessance Company provides Subscribers with an on-demand access on subscription, allowing them to view Contents at the time chosen by each Subscriber during the duration of his/her Subscription and for the whole duration of their availability within the Cinessance Service, as specified at the time of subscription. The Subscribers to the Cinessance Service will have access to the following features: Selection of favorites Search engine Access to a " programs for all audiences " area The Cinessance Service is accessible via the Internet, in OTT and will be made accessible via all electronic communication networks within the offers of the Cinessance Service Distributor(s), with whom the Cinessance Company will have concluded a distribution agreement on the Territory, and with which the Cinessance Service will be compatible, as well as via the mobile application stores that have agreed to offer the download of the "Cinessance" mobile application. The present GTC are independent of the subscription subscribed by a Subscriber to a Distributor of the Cinessance Service, which the Subscriber will be responsible for - in case of change of subscription to a third-party distributor's offer, the Subscriber is expressly informed that the access to the Cinessance Service may not be accessible via the offers of another distributor - apart from its access in OTT / via the Internet / and via the Cinessance mobile application. It is the Subscriber's responsibility to inform Cinessance Company of his/her change of distributor and, if necessary, of the terms of access to the Cinessance Service. Likewise, the Subscription to the Cinessance Service is independent of the conditions of use of the Mobile Application Stores on which it is up to the Subscriber to inform himself/herself and to respect them. The Cinessance Service is exclusively intended for residents of the Territory identified by their geolocation.
4.2. MATERIALS FOR RECEIVING THE CINESSANCE SERVICE, MEANS OF ACCESS AND EQUIPMENT REQUIRED
The Cinessance Service will be accessible through all electronic communication networks, as and when its distribution in the Territory is deployed, and the Contents can be viewed on the following receivers: - Computers via Internet and OTT, via Safari / Chrome / Firefox (3 latest versions supported). - Tablets: compatible with at least IOS 10 / Android 4.4, with the latest versions of Safari / Chrome / Firefox. - Mobile terminals provided that you download the free Cinessance Mobile Application or via the internet via Safari / Chrome / Firefox (3 latest versions supported). It is recommended to access the Cinessance Service contents via wifi - access via mobile networks may lead to additional communication costs for which Cinessance cannot be held responsible. To access the Cinessance Service, Subscribers must have, after having downloaded the Cinessance application via Apple Store or Google Store: - for access on iOS system: an Apple Store account, a valid means of payment, a mobile terminal compatible with at least iOS 10. - For access on Android: a Google Store account, a valid means of payment, a mobile device compatible with at least Android 4.4. The responsibility for the installation, operation and maintenance of the reception materials and technical equipment required to access the Cinessance Service is the sole responsibility of the Users and Subscribers who will have to check the possible software and hardware incompatibilities with the installation and viewing of the Cinessance Service Contents for which Cinessance cannot be held responsible.
4.3. CONTENTS OF THE CINESSANCE SERVICE
The Cinessance Service provides access to Content of all kinds and genres (cinematographic works, documentaries, fictions, etc.). Some Contents are classified by categories in accordance with the recommendations of the French Conseil Supérieur de l'Audiovisuel (French broadcasting authority) and which Users and Subscribers are invited to read. Some Contents may not be associated with all the functionalities proposed for the Cinessance Service due to restrictions imposed by certain rights holders or may not always be accessible if the User or Subscriber has accessed the Cinessance Service through a free trial, a promotional offer, a privilege offer or a gift card, depending on the different terms and conditions that will be indicated to the user at the time of purchase or subscription. Any use of the Cinessance Service and any viewing of the Content requires the prior authorization of the parents or guardians of minors. A "programs for all audiences" area is directly accessible on the Cinessance Service and allows to set up the use of the Service so that it is adapted to children and teenagers. The holders of parental authority are solely responsible for determining the appropriate Content for minors under their care. The use of the Cinessance Service by a minor remains under the responsibility of the parents (or holders of parental authority).
Access to the Cinessance Service is reserved for individual Subscribers residing in the Territory. The Subscriber's Member State of residence must be verified at the time of registration, when subscribing to the Cinessance Service and when renewing his/her Subscription to the Cinessance Service. In case of doubt, Cinessance reserves the right to proceed with any possible verification of the Subscriber's place of residence in accordance with the applicable regulations.
ARTICLE 5. THE SUBSCRIPTION CONTRACT
5.1. REQUIRED CAPACITY
Only natural persons of legal age residing in the Territory may subscribe to the Cinessance Service. Any Subscriber subscribing to a Subscription, whatever the subscription method (including in the case of a free trial, a promotional offer, a privilege offer or access via a gift card sold in the shops) declares that he/she is of age and not under disability. Access to the Cinessance Service is only authorized under the present GTC for private and personal use, within the same subscriber household. It is not transferable in any way whatsoever, whether free of charge or for a fee.
5.2. SUBSCRIPTION OF THE SUBSCRIPTION
5.2.1. Subscriber Account
Access to the Cinessance Service is conditioned by the prior creation of a Subscriber Account, including for a free trial period, a promotional offer, a privilege offer or access via a gift card sold in the shops. The Subscriber will have to communicate his/her personal information (all mandatory information indicated at the time of subscription, including email address and password) which will allow him/her to be identified and to access the Cinessance Service. The Subscriber is solely responsible for the security of the confidential data of his Subscriber's Account and undertakes to correctly fill in the information required for access to the Cinessance Service, and in particular to provide only accurate, up-to-date and complete information and to inform Cinessance of any change concerning him. In case of fraudulent use or access to his Subscriber's Account, the Subscriber commits himself/herself to immediately inform Cinessance. The Subscriber is solely responsible for the use of his/her Subscriber's Account, and this until the deactivation of the account, for whatever reason. Cinessance reserves the right to deactivate the Customer Account without notice or compensation in case of non-compliance with the present GTC. The Subscriber must indicate his/her payment details: - if he/she chooses to pay by credit card: his/her credit card number, the account holder, the expiration date and the cryptogram, - if he/she chooses to subscribe via a mobile application store (App Store®, Google Play Store®, etc.): his/her password to this application store and his/her bank details. Cinessance's merchant’s of records, Cleeng B.V. ("Cleeng") handles the management of access to content and/or Subscriptions and the payment and billing as Cinessance’s agent. For this purpose, Cleeng will act as a merchant of record at Cinessance's request. Cleeng's services are subject to Cleeng's terms and conditions, which are incorporated herein, please refer to https://cleeng.com/cleeng-user-agreement. Once the Subscriber's Account is created and activated, the Subscriber can start viewing the Contents of the Cinessance Service. The Cinessance Company cannot be held responsible in case of technical or material failure or incompatibility of the material and equipment of any user preventing him/her from subscribing to the Cinessance Service.
5.2.2. Free trial / promotional offers / privileged offers / gift cards
The Subscriber can benefit from a free trial period, promotional offers, privileged offers or access to the Cinessance Service via a gift card, the duration of which is indicated at the time of subscription or via Cinessance Service Distributors. The Cinessance Company determines alone or with its Cinessance Service Distributors partners the eligibility for a free trial, a promotional offer, a privilege offer, as well as the pricing terms and access durations associated with gift cards and may decide to limit a user's eligibility in particular in terms of duration in order to prevent any abuse. A free trial or access resulting from a promotional offer, a privilege offer or a gift card may be revoked as a result. The means of payment or the email address of the Subscriber's Account may be used to verify the eligibility of the Subscriber to a free trial, a promotional offer, a privilege offer or an access to the Cinessance Service via a gift card. At the end of the free trial, promotional offer or privilege offer, or the period covered by a gift card, as indicated to access the Cinessance Service, the Subscriber will be automatically charged the amount of the Subscription via his payment method, unless he/she has cancelled his/her Subscription before the end of the period indicated at the time of his subscription. To consult the Subscription fees and the end date of his free trial period, promotional offer or privilege offer, or the period covered by a gift card, the Subscriber can access it on the Cinessance Service and click on the "Subscription and Billing" section in the "My Account" space.
5.2.3. Waiver of the right of withdrawal
In accordance with the provisions of article L221-28 - 13° of the French Consumer Code, any user who has created a Subscriber's Account and activated his/her Account by confirming his/her Subscription, expressly declares that he/she agrees to the immediate start of the Cinessance Service and consequently expressly renounces his/her right of withdrawal. However, the Subscriber remains free to cancel his/her Subscription to the Cinessance Service at any time, under the conditions set out in the present GTC. In case of Subscription to the Cinessance Service via a Distributor of the Cinessance Service and in particular, a Mobile Application Store, the Subscriber is invited to refer to the subscription conditions of the Distributor or to the conditions of use of the Mobile Application Store operators regarding the conditions of exercising his/her right of withdrawal.
ARTICLE 6. SUBSCRIPTION TERMS
Access to the Cinessance Service is subject to a subscription fee displayed on the Cinessance Service, indicated in local currency before taxes. Cinessance reserves the right to modify its subscription rates. Likewise, the rates and limited temporary duration of promotional offers or privileged offers proposed directly by Cinessance and/or the Cinessance Service Distributors will be indicated on the Cinessance Service. In case of an increase or decrease of the Subscription price, the Subscriber will be informed by email 1 (one) month before the date of the change and will be able to terminate his/her subscription accordingly according to the instructions in the email that will be sent to him/her. The termination will then take effect at the end of the current subscription period. No rate increase will take place for the current subscription period already subscribed at the time of the rate increase. If the Subscriber does not terminate his/her subscription before the beginning of the new subscription period, the date on which the rate change will take effect, his/her subscription will be renewed, without any further action on his/her part, at the new rate in force on the day of renewal, the Subscriber consequently authorizing Cinessance to deduct the new corresponding amount in accordance with the payment method associated with the Subscriber's account.
6.2. PAYMENT CONDITIONS
Except for free trial periods, promotional offers, special offers or access via a gift card, for any subscription to the Cinessance Service, the payment of the Subscription, for the period subscribed at the time of the Subscription (monthly, yearly or any other subscription period proposed by the Cinessance Company and/or a Distributor of the Cinessance Service) is payable in advance each month, by recurring payment by credit card. The first debit is made on the day of the first subscription, except for the free trial period, promotional offer, privilege offer or access period covered by a gift card. The following debits are made on the 1st day of each new subscription period (monthly, yearly or for any other subscription period proposed by Cinessance and/or a Cinessance Service Distributor). The communication of information relating to the means of payment of each Subscriber is expressly considered as an authorization to debit the Subscriber's bank account, up to the amount of the subscription and for the period defined at the time of subscription. Subscriptions subscribed to the Cinessance Service via the Cinessance mobile application are invoiced to Subscribers directly by the company providing the Application Store, Apple (iOS) or Google Playstore. Subscriptions taken out via a Cinessance Service Distributor are payable for each subscription period previously defined (monthly, yearly or other), by direct debit, directly to the Distributor. The Subscriber must have a funded bank account, associated with a bank card, in order to subscribe to the Cinessance Service. The Subscriber must update and/or modify his/her bank details in his Subscriber Account. The due date of the Subscription will be indicated in the "Subscription and Billing" section in the "My Account" page. In case of non-payment of the Subscription within the deadline, access to the Cinessance Service will be suspended on the day of non-payment within 24 hours. The Subscriber will keep the access to his/her account but will not be able to access the paying contents of the Cinessance Service. In any case, Cinessance reserves the right to delete the accounts of Users / Subscribers who have remained inactive for a determined period of time, in accordance with the applicable regulations.
ARTICLE 7. TERMINATION
If the Subscriber benefits from a free trial period, a promotional offer or a privilege offer, or an access within the framework of a gift card and wishes to continue to benefit from the Cinessance Service at the end of the periods provided for by these offers, he/she will have to pay a subscription fee (monthly or yearly or for any other period proposed by Cinessance), and this in compliance with the present GTC. The Subscription is concluded (i) for a duration defined at the time of subscription, starting from the date of subscription, renewable for successive subscription periods as defined at the time of subscription (monthly, annual or other) unless terminated twenty-four (24) hours before the expiry date indicated to the Subscriber - renewable under the conditions referred to at the time of subscription of the Subscription concerned. In order to cancel the Subscription, the Subscriber must go to the "My Account" section and request cancellation. Once the cancellation has been notified, the Subscriber will continue to receive the Cinessance Service until the effective date of the cancellation. The Subscription will be terminated/suspended by right by the Cinessance Company in case of: - Non-payment of the Subscription; - Failure by the Subscriber to update the information relating to his means of payment at the end of their validity period; - Actions that contravene the provisions of the Intellectual Property Code and in particular, in case of use of the Content outside the Territory or to disseminate it for counterfeiting purposes; The Subscriber's failure to comply with any of his obligations under the present GTC and in particular, the use of the Cinessance Service exceeding the limits authorized by the GTC.
ARTICLE 8. GUARANTEES / RESPONSIBILITY
The use of the Cinessance Service and of any Content available within the framework of the Cinessance Service is authorized according to the terms and conditions set forth in the present GTC. The availability of the Cinessance Service and its accessibility may depend on the quality of the electronic communication networks used to access it and for which Cinessance cannot be held responsible. In particular, Cinessance cannot make any commitment on the performance of the Cinessance Service which depends on the quality of the Internet network, mobile networks and/or the technical configurations of the electronic communication networks operators. Cinessance cannot be held responsible in case of interruption of access to the Cinessance Service, temporary or definitive and not attributable to Cinessance or which would be due to an action of the Subscribers or to unforeseeable and insurmountable facts of third parties or to fortuitous events or cases of force majeure, as defined by the French jurisprudence Likewise, Cinessance will not be held responsible in case of failure of the equipment and materials required for the reception of the Cinessance Service and in particular, of the boxes of the Cinessance Service Distributors and in a general way, of any failure of the latter preventing the good reception of the Cinessance Service. The Cinessance Service will in principle be accessible 7 days a week and 24 hours a day without any obligation of result in this respect. Moreover, Cinessance may punctually interrupt the access for maintenance operations and corrective actions concerning the Cinessance Service. Cinessance cannot be held responsible for the loss of data or delays in the reception of the Cinessance Service, for the modification, suspension or interruption of the Cinessance Service or for the consequences of hacking activities by third parties via the Internet and in particular the transmission of viruses. In any case, in the event of a proven breach by Cinessance of its obligations resulting from the GTC, the Subscriber will only be entitled to compensation for direct and personal damages, duly justified, to the exclusion of any other damage, especially indirect. Moreover, Cinessance cannot guarantee to the Users and Subscribers that the Cinessance Service will correspond to their expectations and specific uses, nor that the Contents and the Cinessance Service will be free of any error or minor defect. The Subscriber guarantees that he will use the Cinessance Service in accordance with the use authorized by the present GTC.
ARTICLE 9. PERSONAL DATA AND COOKIES POLICY
ARTICLE 10. INTELLECTUAL PROPERTY
The Contents of the Service are protected by intellectual property rights. In accordance with the provisions of the Intellectual Property Code, only the use for a strictly private and personal use, limited to the family circle, is authorized by the present GTC, excluding any other use. Cinessance is the sole owner of the intellectual property rights related to the Cinessance brand. Any reproduction or communication to the public, in whole or in part, of the protected trademarks of Cinessance and/or the trademarks and Contents of the Cinessance Service without the prior written consent of the rightful owners is strictly forbidden and may lead, if necessary, to prosecution for infringement.
ARTICLE 11. MISCELLANEOUS
If any of the provisions of the GTC were to be declared null and void or without object with regard to a legislative or regulatory provision in force, and/or a court decision having the force of res judicata, it shall be deemed unwritten and shall not lead to the nullity of the other provisions. Cinessance may at any time transfer the rights and obligations arising from the present GTC in the event of a transfer of the company to another entity or in the event of a transfer of business or assets.
ARTICLE 12. DISPUTES
The present GTC are subject to French law. Any disagreement or dispute that cannot be settled amicably will be submitted to the competent courts. The Subscriber is free to resort to the consumer mediation procedures provided for by the texts in force. The Subscriber may also contact the Cinessance customer service department by sending any correspondence to the following address: firstname.lastname@example.org
Legal mentions of Cinessance
Cinessance.com is published by Cinessance S.A.S.U Société par Actions Simplifiées with a capital of 2 000 euros, registered in the Paris Trade and Companies Register under the number 897983946, having its head office at 128 rue de la Boétie, 75008 Paris
Director of the publication: Clément Monnet
Cinessance contact email address: email@example.com
The development and hosting of the Cinessance website is carried out by 24i Unit Media B.V. Registered as a "Besloten Vennootschap" in the Netherlands under number 37152620, having its registered office at Transformatorweg 78, 1014 AK Amsterdam, The Netherlands and can be contacted at the email address firstname.lastname@example.org
The information collected on the Cinessance.com service is recorded in a computerized file in accordance with the provisions of the Service's General Terms and Conditions of Subscription and the Data Protection Policy relating to the Service, which can be accessed from the home page of the Cinessance.com website. In its capacity as the person responsible for processing personal data for the Cinessance.com Service, Cinessance expressly declares that it complies with the applicable regulations on the protection of personal data, in particular the French Data Protection Act of January 6, 1978 in its latest version in force, Regulation (EU) 2016/679 of April 27, 2016, Law No. 2018-493 of June 20, 2018, and/or any other subsequent legal or regulatory provision (the "Personal Data Regulations").
Pursuant to the Personal Data Regulation, each user or subscriber of the Cinessance Service has the rights of opposition, portability, access, deletion, limitation of processing and rectification of the Data concerning him/her. He/She may thus demand that any information concerning him that is inaccurate, incomplete, ambiguous or outdated be rectified, completed, clarified, updated or deleted. Each user or subscriber may exercise this right at any time online by sending a message to the following e-mail address email@example.com or by sending a letter to Cinessance, 128 rue de la Boétie, 75008 Paris, France, with proof of identity.
WARNING: The Cinessance Service offers contents and brands protected by intellectual property rights. The unauthorized reproduction and communication to the public of protected contents and brands, whatever the medium and format, is strictly prohibited and may result in legal proceedings.
GENERAL TERMS AND CONDITIONS OF SUBSCRIPTION TO CINESSANCE SERVICES IN EFFECT AS OF 25th OF OCTOBER 2021