Legal information
inSCREEN.tv is published by INSCREEN SAS with a capital of 83,000 euros. RCS No.: 824 546 907 Paris.
Head office: 56, rue de Londres - 75008 Paris - France
Director of publication: Laurent Cappoen (laurent.cappoen@inscreen.tv)
inSCREEN.tv is hosted by:
- OVH - 2, rue Kellermann - 59100 Roubaix (http://ovh.com)
- Amazon Web Services Amazon.com Legal Department 410 Terry Avenue North P.O. Box 81226 Seattle, WA 98108-1226 - USA (http://aws.amazon.com)
General Terms and Conditions of Sale
ARTICLE 1: PURPOSE
The purpose of this contract is to define the commercial conditions of use of the inSCREEN.tv internet platform for publishing the customer's digital TV channel or TV services.
ARTICLE 2: ORDER
Prior to any order, the Customer must register online to complete his customer file indicating his status, complete contact details and validate his acceptance of the general conditions of sale and of use of the inSCREEn.tv SaaS solution. Following this registration, and only if all fields are correctly filled in, the "customer" receives an email with his access information to his customer account, i.e. access to a dedicated application that allows him to manage independently his digital TV channel and services.
ARTICLE 3: DURATION - PRICE - PAYMENT
This contract takes effect from the date of opening of the client's account and until the term is served by either party. The price of the service is indicated to the Customer as part of the service contract inSCREEN.tv. In addition, the configuration of the customer's digital TV channel or service is subject to an additional service indicated in his service contract. Its term is set at the end of the current month in which the Client indicates his wish to terminate the service contract unless the latter has committed himself for a longer period and for which he has benefited from a more advantageous rate. Payment by the Customer is made by transfer to inSCREEN.tv when the customer account is opened in accordance with the contract entered into by the Customer. Any delay in payment results, within ten days of the payment due date, in the immediate termination of the Client's account and consequently of its digital TV channel or service.
ARTICLE 4: OPPOSABILITY
The fact of validating an order on the inSCREEN.TV website or by signing a contract, implies full and unreserved acceptance of these General Terms and Conditions of Sale. Any contrary condition, in the absence of express and written acceptance, is unenforceable against inSCREEN.TV.
ARTICLE 5: INTELLECTUAL PROPERTY OF CONTENTS
The Customer, publisher of his digital TV channel or service, whatever his status, guarantees inSCREEN.TV that he has all the necessary rights for the broadcasting of content on his media. In addition, the Customer guarantees to comply with the general terms and conditions for the use of content from video and audio sharing platforms. As such, it undertakes to bear full responsibility for any possible recourse by a rightful claimant and releases inSCREEN.tv from any responsibility for the content published by it on the platform. In the event of a justified appeal by a third party concerning the customer's digital TV channel or service, in particular the illegal broadcasting of content, inSCREEN.tv reserves the right to close the said digital TV channel or service without any delay neither special conditions neither payment of any compensation to the customer for any reason whatsoever. The customer undertakes to bear all legal and procedural costs incurred by inSCREEN.tv in connection with the customer's digital TV channel or service.
ARTICLE 6: DISPUTE AND ALLOCATION OF JURISDICTION
Regardless of the country from which the Customer connects to inSCREEN.tv or any other digital TV channel or service administration site, regardless of the country of residence or exercise, the website, its access and use conditions and its general terms and conditions of sale are governed by French law. By using this website, "the Client" accepts the written conditions of use, without prejudice to any contractual or tortious recourse that may be exercised by inSCREEN.tv. For any dispute arising from the interpretation or execution of this contract, the competent courts of Paris shall have express jurisdiction.
Special conditions for the use, management and hosting of digital TV channels and services
ARTICLE 1: PURPOSE
The purpose of these special conditions is to define the technical and financial conditions under which inSCREEN.tv undertakes to provide a service for managing the Customer's digital TV channel and services on its Internet platform. Subscription offers include by default a platform space reserved for the Customer. If the customer needs it, this space can be increased and will be the subject of a quotation. The Customer expressly acknowledges that inSCREEN.tv does not participate in any way within the meaning of this Agreement in the design, development, production and implementation of the Customer's digital TV channel and services and its management and administration tools.
ARTICLE 2: MEANS - OPERATING CONDITIONS
The inSCREEN.TV platform is accessible to the general public via the Internet network using devices connected to the Internet network. inSCREEN.TV guarantees access to the website under the conditions of reasonable attendance and use.
ARTICLE 3: TECHNICAL SUPPORT
inSCREEN.TV provides the Customer with technical assistance that varies according to the offer subscribed, i.e. a maximum of 30 minutes per month max. by default. In case of additional needs, inSCREEN.tv offers on quotation an assistance specific to the Customer's needs.
ARTICLE 4: CONDITIONS FOR THE PERFORMANCE AND INVOICING OF SERVICES
inSCREEN.tv sends the Customer an e-mail confirming the opening of an account, providing the Customer with the codes allowing him to access the space reserved for the management of his digital TV channel and services on the inSCREEN.tv Service. The validation date of the Customer's WebTV access codes determines the effective date of the contract and the first month for which the billing takes effect.
ARTICLE 5: OBLIGATIONS OF INSCREEN.TV
inSCREEN.tv undertakes to take all the care and diligence necessary to provide a quality service in accordance with the practices of the profession and the state of the art.
It is only liable for an obligation of means.
inSCREEN.tv undertakes to :
5.1. Ensure 24-hour access to the Service every day of the year. inSCREEN.tv will inform the Customer, as far as possible, within a reasonable time, through the website http://support.inSCREEN.tv and as far as possible
by e-mail, of any interruption of the service, so that the Customer can take action.
5.2 Respond quickly in the event of an incident.
5.3. Ensure that the quality of its tools is maintained at the highest level.
5.4. Protect, as much as possible, its platform.
ARTICLE 6: RESPONSIBILITY FOR INSCREEN.tv
inSCREEN.TV reserves the right to interrupt the Service, in particular if this Service constitutes a danger for the maintenance of the security of the platform or the hosting of inSCREEN.tv,
whether as a result of hacking of this Service, or as a result of a non-installation of an application update resulting in the detection of a flaw in the security of the system.
inSCREEN.tv undertakes to restore the connection at the Customer's request, as soon as the corrective measures have been taken by the Customer.
inSCREEN.tv cannot, under any circumstances and of any kind, be held responsible:
- Content, information, videos, sounds, texts, images, form elements and any other data accessible on the sites hosted on the Customer Service, transmitted or put online by the Customer for any reason whatsoever.
- The total or partial non-compliance with an obligation and/or failure of the operators of the transport networks to the Internet world and in particular of its access provider(s).
- To the Customer from the introduction of a computer virus on the Customer Service.
- A failure whose origin is a misuse of the Service by the Customer.
Consequently, inSCREEN.tv recommends that the Customer carefully monitor and test the content posted on its Web TV and implement a backup measure carried out by it.
ARTICLE 7: OBLIGATIONS AND LIABILITY OF THE CLIENT
7.1. The Customer undertakes not to host racist or illegal sites and those with hypertext links to such sites are prohibited on the inSCREEN.tv Service.
The Customer undertakes not to host pornographic sites on shared hosting offers excluding Premium offers, any such site not hosted on a premium offer may be automatically suspended.
The Client declares to be informed:
- That publications constitute intellectual works protected by copyright within the meaning of Article L 112-2 1st and 2° of the Intellectual Property Code.
- Whether sound, video or other files (MP3, DIVX, ISO,...) are subject to copyright and intellectual property rights.
It ensures inSCREEN.tv that it holds all intellectual property rights to all the pages and data it hosts, i.e. reproduction, representation and distribution rights relating to the Internet medium, for a predetermined period of time.
The Customer therefore declares that he fully accepts all legal obligations arising from the ownership of his services and, consequently, ensures that inSCREEN.tv cannot be sought or worried in this respect for any reason whatsoever,
in particular in the event of a violation of the laws or regulations applicable to the Customer's services. The Client declares that he has obtained all the necessary authorizations in terms of copyright,
in particular from the copyright distribution companies that may be required. The Client undertakes to include on the web pages of its website the identity and address of the owner or author of the web pages
and to make all requests necessary for the creation of its website, in accordance with current French law.
The Client's failure to comply with the above-mentioned points whether for the site hosted on the inSCREEN.tv platform or whether it concerns a redirection of its domain to this type of site and in particular
any activity specifically prohibited from the inSCREEN.tv Service and/or any content specifically prohibited from being broadcast on the inSCREEN Service.tv and/or likely to give rise to civil and/or criminal liability
and/or likely to infringe the rights of a third party will entail the full right for inSCREEN.tv to suspend and/or interrupt without delay and without prior formal notice the services of the Client
and to terminate the contract immediately, without prejudice to the right to any damages to which inSCREEN.tv could claim.
In these cases, the Customer will not be able to claim a refund from inSCREEN.tv of the sums already paid. The Customer undertakes to pay directly to the complainant any amount that the latter may require from inSCREEN.tv.
In addition, the Customer undertakes to intervene at the request of inSCREEN.tv in any proceedings brought against it and to protect and guarantee inSCREEN.tv from all sentences handed down against it on this occasion.
Consequently, the Client undertakes to take personal responsibility for any claim and/or procedure, whatever the form, purpose or nature, which may be formulated against inSCREEN.tv and which relates to the obligations borne
by the Client under this contract. The Client, who is solely responsible for the content of the site, undertakes to defend inSCREEN.tv at his own expense in the event that it is the subject of an action for a claim relating
to the data, information, messages, etc. that it disseminates, and to pay any compensation due in compensation for any damage suffered, provided that he has full freedom to compromise and conduct the proceedings.
The Customer undertakes to set up the necessary backup resources to ensure the continuity of its activity.
7.2 The Client undertakes to keep a copy of the data transmitted. The simple fact of booking online implies full and complete acceptance of these Contractual Conditions.
inSCREEN SAS
56, RUE DE LONDRES75008 PARIS
FRANCE