TERMS AND CONDITIONS OF USE CITIZEN-V.COM/FR

TPROD, a simplified joint stock company with a share capital of 66,750.00 euros, having its registered office at
66,750.00, having its registered office at 128 rue de La Boétie, 75008 Paris, registered under the number RCS Paris B 529 636 920, directly or indirectly publishes the Internet site (hereinafter the « Site ») at the following URL or any other URL that may be substituted for it and that allows you to use the Services:

  • https://citizen-v.com/
  • https://citizen-v.com/fr/

The company is hereinafter referred to as « TPROD » and the site and its services are hereinafter referred to as « CITIZEN-V ».

CHAPTER I : COMMON PROVISIONS

By using the CITIZEN-V Sites and Services provided by TPROD, you agree to be bound by these Terms of Use.

1. DEFINITIONS

For a better understanding of these Terms of Use, please refer to the following definitions:

  • « General Terms of Use » means all of the terms and conditions that you have agreed to when using the Site and the Services.
  • « Content »: refers to all audiovisual, cinematographic, textual, literary, sound, graphic, typographic and photographic elements, software, databases, applications, animated images, etc. available on the CITIZEN-V Site, and in particular the audiovisual Content offered by means of the Player and the comments that you publish on the CITIZEN-V Community Spaces.
  • « CITIZEN-V Community Spaces »: refers to the pages of the Site allowing you to participate in Services and to react through interactive applications (such as comment modules, etc.).
  • « Player »: refers to the computer tools for broadcasting and reading Content on the Sites.
  • « Service(s) »: refers to, but is not limited to, blogs, forums, chat, the provision of tools, in particular the Player, Content sharing modules and more generally any other service offered by CITIZEN-V on the Site.
  • « Territory »: refers to Metropolitan France (including Corsica), Monaco, Andorra, Switzerland, the French Overseas Departments and Regions (DROM) and the French Overseas Collectivities (COM – Saint Martin and Saint Barthélémy), New Caledonia, and all countries in the world in which CITIZEN V is accessible.
  • « User »: refers to any natural person who has met the conditions for accessing the Service in order to access the Content on the Site.

2. PURPOSE

The purpose of these Terms of Use is to define the contractual relationship between the User and TPROD regarding access to and use of the Web Site and the Services.

3. COMPLETENESS

Certain Services are governed by several contractual documents:
1. General Terms and Conditions of Sale
2. Specific provisions of the Service concerned provided in the GCU.
3. Common provisions in the GTC.
When several provisions are applicable to a Service, in case of contradiction between the stipulations of the different contractual documents, the stipulations of the higher-ranking document will prevail over the stipulations of the lower-ranking document in the order indicated above.

4. REGISTRATION

Access to certain Services requires registration on the Site.

A part from these access restrictions, access is free and is not subject to prior registration or subscription.

To register on the website, you must :

  • fill in the form with all the mandatory information, the information to be provided must be accurate, sincere and up to date;
  • accept the present General Conditions of Use.

You agree not to use any pseudonym or e-mail address that may infringe upon the rights of third parties (in particular, the use of a patronymic, pseudonym, brand name or trade name of another person, or of works protected by copyright and/or related rights).
TPROD takes great care to ensure the security of your data.

Your login (e-mail address) and password are personal and confidential. You are solely responsible for the use of your password. You agree to keep your password secret and not to disclose it in any form whatsoever.

If you are a minor, you declare and acknowledge that you have obtained permission from the person(s) with parental authority over you to register and use the Services.
The holder(s) of parental authority has (have) agreed to be guarantor of the respect of all the provisions of the present General Terms of Use. It is the responsibility of the parent(s) to determine which Service is or is not appropriate for their child(ren) and to monitor their use of the Service. TPROD will immediately delete any account of a minor account holder upon receipt by TPROD of a request from a parent or guardian to close the account.

5. PROCESSING OF PERSONAL DATA

When using the Services, TPROD collects personal data about you that you provide directly or indirectly in order to use the Sites and benefit from the Services (identification data, payment data, data related to the service you have subscribed to and your consumption, your online identifiers). The processing of this data is necessary for the performance of the Services provided by TPROD on CITIZEN-V .
The processing of this data is necessary for the performance of these general terms of use and is carried out in accordance with the regulations applicable to the protection of personal data and in particular, the French Data Protection Act of January 6, 1978 as amended and the European Regulation on the protection of personal data of April 27, 2016 (hereinafter « the regulations applicable to the protection of personal data »).
This data is intended for TPROD’s staff and its subcontractors providing the Site and Services. You release TPROD from any liability for internal disputes of a private nature related to the use of the Services by any other members of the household, whether minors or adults.
Your data is used for the administration and technical and commercial management of the Services, as well as for audience measurement, quality monitoring, payment of beneficiaries, commercial prospecting, detection of fraud against TPROD and for the management of disputes. Optional information is intended to help us get to know you better and improve our services to you. TPROD may send you, in compliance with the applicable regulations on the protection of personal data, by any means (postal mail, email, telephone), information that will enable you to become better acquainted with the services of CITIZEN-V and/or TPROD.
You authorize TPROD to collect usage data from your use of the Services for the purpose of monitoring quality or optimizing your experience.
In accordance with applicable law, you have various rights with respect to your data at any time (access, rectification, deletion, opposition, limitation of processing and portability). You must make your request by writing to TPROD and providing proof of your identity. You are responsible for exercising the above rights and are deemed to have exercised them on your behalf and on behalf of any members of your household, whether minors or adults.
With regard to your data collected on the entire Site, your request should be addressed to [email protected]
You have the right to define directives concerning the conservation, the erasure and the communication to third parties of your personal data after your death. You also have the possibility of lodging a complaint with the Commission Nationale de l’Informatique et des Libertés (CNIL).

6. COOKIES

CITIZEN-V places cookies on your computer. These cookies allow you to connect to the Site, use the Services and in particular the Players, establish audience measurements or use the sharing functions on social networks. You may refuse cookies by changing your browser settings. However, refusing cookies may prevent you from taking advantage of all the features of the Site or the Services.

7. AVAILABILITY OF SERVICES

Use of the Services requires an Internet connection and appropriate computer equipment, all of which costs, fees, subscriptions and taxes are independent of the Services offered by TPROD on CITIZEN-V and are your sole responsibility.
You agree not to interfere with the operation of the Site and Services in any way, including, but not limited to, not using any computer program to access or disable the Site(s), Services or TPROD’s information system.
In addition, you acknowledge that you are fully aware of the characteristics and limitations of the Internet, including the fact that the transmission of data and information over the Internet is relatively unreliable as it travels over heterogeneous networks with varying technical characteristics and capacities, which may disrupt access or make it impossible at certain times.

8. INTELLECTUAL PROPERTY

8.1. The Site and the Services

The Web Site, including all texts, illustrations, videos, images, sounds, data, databases and programs, including the underlying software and other technology and, more generally, all original works comprising the Web Site, are protected by intellectual property and/or other rights held by or licensed to TPROD.
Except as permitted by law and without the prior written consent of TPROD and its licensors, any reproduction or representation of the Web Site and its Content, and any extraction of data, is prohibited and constitutes an act of infringement punishable by civil and criminal penalties. This prohibition includes the fact of copying, disaggregating, illegally downloading when not authorized on the Site, recording and generally pirating the Content made available on the Site.
If any of the comments you post on the Site are of particular interest, TPROD may reproduce and display them. Accordingly, you grant TPROD the right to reuse the comments you post for the duration of the intellectual property rights, worldwide and in any medium, free of charge. The license shall include the following rights
– the right to reproduce or represent in whole or in part the comments;
– the right to correct, evolve, maintain, modify, assemble, transcribe, arrange, interface and translate the comments.
You warrant that you own the intellectual property rights and other permissions necessary to use any Comments you post. You hereby indemnify TPROD against any claims and/or actions relating to the ownership or use of such Comments by any person pursuant to Section « 11. Liability ».

8.2. The Player

The Player allows you to view the Content on the CITIZEN-V Web Site.

8.3. Use of the Player

It is forbidden to reproduce, copy, modify, alter, delete, exchange or exploit, for non-profit purposes, directly or indirectly commercial or for any remuneration, profit or advantage, direct or indirect, all or part of the Player and its Content.
Any saving or downloading, by whatever means or medium, of all or part of the Content is expressly prohibited without the prior written consent of TPROD.
Publishing, making available to the public or communicating to the public any software, application, website, etc. that circumvents the normal use of the Player is not permitted.
When using the Player, the User’s email address is watermarked on the video to protect the work.

8.4 Protection of Content

The Contents accessible by the User are accessible only from the Territory and are digital files protected by national and international provisions on copyright and related rights. They are exclusively reserved for private use.

Any use outside this framework is strictly prohibited, in particular the resale, exchange, rental of digital files or their transfer to a third party, and exposes its author to legal proceedings (civil and criminal). In particular, any total or partial reproduction, modification or use of the intellectual property rights attached to the Services and the Web Site, for any reason and on any medium whatsoever, without the express prior consent of TPROD is strictly prohibited.

The technical protection measures (or « TPMs » as defined in Article L. 331-5 of the French Intellectual Property Code) allow for the control of their use and are intended to provide the User with maximum flexibility in the use of the recordings while at the same time protecting the rights holders of the Content.

The User undertakes not to circumvent or undermine the said protection system, nor to encourage third parties to carry out such acts.The security watermark containing personal information of the User is part of the TPM used by the Player.

9. PROVISIONS RELATING TO COMMENTS

The Internet is a space of conviviality which supposes that each one has the respect of others and where the respect of the law is imposed to all.
You agree to use discretion in the use of the Services that are made available to you on the Site.
In general, you agree not to take any action that may damage the image and reputation of CITIZEN-V and TPROD.
You represent and warrant that any Content you post complies with all applicable laws, regulations and practices, as well as the rights of third parties. In particular, you agree not to make available any Content or a hyperlink to any Content that is

  • illicit, contrary to public order ;
  • constituting a crime or an offence, encouraging or advocating a crime or an offence;
  • racist, xenophobic, anti-Semitic, negationist, terrorist;
  • violent, pornographic or pedophilic;
  • undermining the respect and dignity of the human person;
  • provoking or allowing the provocation of discrimination, hatred or violence because of sex, sexual orientation, handicap, origins (ethnicity, nation, race), religion, political party or union;
  • threatening, abusive, harassing, defamatory or insulting;
  • infringing on the secrecy of correspondence, privacy, image or reputation;
  • constituting an act of counterfeiting, unfair competition or parasitism;
  • containing confidential information;
  • which allows the user to obtain programs, tools, software for hacking and intrusion into computer and telecommunication systems and, in general, any software or other tools which may infringe upon the rights of others and the safety of persons and property.
    TPROD may remove any Content published by you or by third parties that does not comply with applicable laws, regulations or practices or the rights of third parties. You will be notified of the removal of your Content. TPROD may also temporarily suspend or terminate your account in the event of a serious or repeated violation of the provisions hereof. TPROD shall not be liable for any Content you post on the Web Site that violates these Terms and Conditions of Use, in its capacity as a hosting service provider as defined by the French law no. 2004-575 of June 21, 2004 on trust in the digital economy:
  • TPROD was not aware of the unlawful nature of the Content or of the facts and circumstances giving rise to such unlawfulness;
  • TPROD has acted promptly to remove or disable such material upon becoming aware of it.
    You are solely responsible for your comments and you hereby indemnify TPROD against any claims and/or actions by any person arising out of the posting of such comments on the CITIZEN-V Community Spaces in accordance with Section « 11. Liability ».

10. PROVISIONS RELATING TO NAVIGATION ASSISTANCE

The After-Sales Service (AS) and any browsing assistance allows Users to benefit from browsing assistance provided by the online advisor.
In this context, the User of the Site may be asked to communicate identification data relating to his purchase for guided assistance on the Site. However, as indicated below, you undertake to keep your password secret and not to disclose it in any form whatsoever. No recording or retention of data is made during guided browsing by an online consultant.

11. LIABILITY

TPROD shall not be liable for any use of the Services that does not comply with these Terms of Use.

TPROD shall not be liable for any delay in the performance or non-performance of its obligations under these Terms and Conditions of Use that is caused by force majeure as defined in Article 1218 of the French Civil Code and in case law.

12. SUSPENSION – RESILIATION

TPROD reserves the right to temporarily suspend all or part of the Site or the Services for reasons related to the security of the Site.

TPROD also reserves the right to unilaterally terminate the relationship under these Terms of Use in the event of any material breach by you of Sections 7 and 9 of these Terms of Use, provided that TPROD’s unilateral termination shall be without prejudice to your right to object to TPROD’s termination by making representations.

CHAPTER II: ACCESS TO CITIZEN-V CONTENT

CITIZEN-V provides access to video-on-demand content, for sale or free of charge, offered as streaming and sometimes as a download. CITIZEN-V is accessible on the following reception media

ON COMPUTER, TABLET AND MOBILE


On a computer (PC and Mac), tablet and/or cell phone, the Service is available on the Site subject to creating an account in accordance with the procedure described on the Site. To access the download of the Contents when it is proposed, the User must have previously accepted the General Conditions of Use and Sale.

  • When renting, the Content chosen by the User can be viewed for a maximum duration that varies according to the Content and is specified in the program file of the chosen Content.
  • When purchased, the Content is only available in streaming mode until the platform ceases to operate.
  • In any case, the purchased Content is only available to Users within the limits of the rights held by TPROD, in particular in terms of duration.

CHAPTER III : GENERAL CONDITIONS OF DONATIONS


Thank you for your interest in our work.
We invite you to read the following provisions carefully as they present the general conditions of donations to TPROD.
The « click » you make after filling out the donation form constitutes validation of your donation and constitutes irrevocable acceptance of these terms and conditions. Therefore, you can only make a donation if you agree to the following terms and conditions.

1. PREAMBLE

The following terms and conditions of donation govern all transactions established on the website www.citizen-v.com within the framework of donations. Any donation made on this site implies the donor’s unconditional and irrevocable acceptance of these conditions.

2. OBJECT

The purpose of this contract is to define the rights and obligations of the parties in the context of Internet donations for TPROD through its CITIZEN-V platform.

3. DEFINITIONS

In the following, each of the terms mentioned above shall have the meaning of its definition, namely:

  • « Remote Contract »: any contract concerning donations between TPROD and a Donor within the framework of a remote donation system organized by TPROD which, for this contract, exclusively uses the Internet network until the conclusion of the contract, including the conclusion of the contract itself.
  • « Donor » means any natural person who is acting for personal purposes in this Agreement.
  • « Donation Form »: a document that indicates the characteristics of the donation made by the Donor and that must be confirmed by « clicking » to commit him/her.
  • « Donation » means the act by which the Donor agrees to make a donation and TPROD agrees to receive it.

4. MAKE A DONATION

After choosing the amount of your donation, when you are done, validate your donation by clicking on the validation button.
Once validated, your donation is non-refundable but can be justified in the form of a receipt upon request to [email protected].

5. ALLOCATION OF THE DONATION

When your donation is made during a specific fundraising campaign, your donation is automatically allocated to the project in question.
Outside of specific fundraising campaigns, your donation is generally allocated to the implementation, realization and marketing of all TPROD productions.
TPROD is not required to provide a financial report to the donor.

6. METHOD OF PAYMENT

Payment of donations may be made by check, credit card (VISA, MASTERCARD or AMEX etc.), Paypal, bank transfer or SEPA mandate.

6.1 Payment by check

Payment of the donation by check is possible.
Payment by cheque can only be made by cheques made out in euros and drawn on a French bank. The check should be made out to TPROD, 128 rue La Boétie 75008 PARIS, with a handwritten letter stating that you are making a donation to TPROD for all of its productions.

6.2 Payment by credit card

Your account will be debited the day after the transaction has been confirmed.
Your credit card payment is secure. The Donor warrants to TPROD that he/she has the necessary funds and authorizations to use the payment method chosen by him/her when validating the donation form.
In the event of payment by credit card, the provisions regarding the fraudulent use of the payment method set forth in the agreements between the Donor and the card issuer or between TPROD and its banking institution shall apply.
Payment by card is handled by the company Stripe. The credit card number, expiration date and security code are entered on a highly secure page directly at Stripe. Stripe’s payment processing is PCI/DSS certified by Visa and Mastercard. This certification specifies the application of the most stringent security rules to protect the Customer’s credit card data. TPROD does not hold or store any of your credit card information.
The customer’s credit card will be debited in Euros upon acceptance of the order by Stripe.

6.3 Payment by Bank Transfer

Payment by bank transfer is possible. Payment by bank transfer must be made in euros from the bank details shown on the Site.

6.4 Payment by Paypal

If the customer has a Paypal account, he can connect to it and make the payment directly.
The debit on the customer’s Paypal account will be made in euros when the order is accepted by Paypal.

7. CONFIDENTIALITY OF THE DATA

The information you are asked to provide is necessary to process your donation and is treated confidentially. You have the right to rectify your personal data. You may receive thank you notices and newsletters from TPROD. If you do not wish to receive these, please inform us at the following address: [email protected]

 

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