Terms of Service

TERMS OF USE OF THE WEBSITE

 

READ CAREFULLY BEFORE REGISTRATION AND USE OF THE WEBSITE https://audiovisualrights.editis.com/

Purpose of the Terms of Use

The purpose of the Terms of Use (hereinafter the « TOU ») is to define the terms and conditions under which the company SOGEDIF [1] (hereinafter « We » or « Us ») offers the website https://audiovisualrights.editis.com/ (hereinafter « the Website »).

We may change the TOU at any time without notice. You are therefore prompted to regularly consult the latest updated version, permanently available to all on the home page of the Website, by clicking on the link : « Conditions générales d’utilisation ».

Article 1 : Description and purpose of the Website

https://audiovisualrights.editis.com/ is a website that presents all the works of the catalogue of EDITIS group’s publishing houses available for audiovisual adaptation.

A search engine available on the Webiste allows you tu search for a work by keywords. Filters by editorial brands, category and genre are also proposed to facilitate your search.

Upon your first visit to the Website, you will be asked to create your user profile. The access to the Website is submitted to internal validation : if your registration is validated, you will receive, within the next 24 to 48 hours, your login information that will allow you to browse our Website at your will.

Your user account will allow you to access various functionalities, such as a « Favorite/Selection » space in which will be saved the titles you have browsed and wished to keep track of. You will also be able to take notes, which will be directly accessible and searchable by you alone on your user profile.

All of the functionalities of the Website, the main ones of which are described herein and which may change over time, are hereinafter referred to as « the Service ».

Audiovisuel adaptation rights for the works presented on the Website may no longer be available ; we invite you to check with the rights managers of the publishing houses concerned.

 

Article 2 : Terms of access to the Service

2.1. – User status

To become a User, you must be of legal age and/or have the capacity to enter into a contract under French law and have accepted the TOU unconditionally.

You enter into a contract with Us, hereinafter referred to as « the Agreement », governed by the TOU.

You undertake to use the Website and the Service faithfully and in compliance, under all circumstances, with the legal and regulatory provisions in force.

Our failure to enforce a breach of any of the obligations contained in the TOU shall not be construed as a waiver of such obligation or as an amendment to the Agreement, nor shall prevent us from enforcing such obligation in the future.

2.2. – Mandatory and prior registration

To access the EDITIS group’s catalogue and benefit from the functionalities of the Website, you shall create an account by filling in the registration form accessible from the Website’s home page.

You undertake to convey accurate, truthful, up-to-date and complete information. We shall not be responsible for any errors, omissions or inaccuracies that may be found in the information you have provided.

2.3. – User account and Password

When you register you must choose a password and identify yourself with your email address, these elements constitute your « Means of identification ». They will enable you to access to the Service.

These data are confidential and only you know them. They are protected by security systems of our Website wich aims at protecting them as effectively as possible against any attempt to undermine their intergrity or confidentiality.  

You are only responsible for the use you may make of your Means of identification and of your account, and the sole guarantor of their confidentiality. Insofar as your Means of identification may have come into the hands of third parties by your fault, you will be solely responsible for any use of them and of the use of the Service made on this basis.

You undertake to inform us immediately of any unauthorised use of your account, and of any breach of the confidentiality and security of your Means of identification, by email to the following address :  audiovisualrights@editis.com

If you forget your Means of identification or a third party makes unauthorised use of them, please report this to us immediately.  You will be able to generate a new password which you will have to validate by clicking in the e-mail we will send you to the email address provided when you registered.

If we have reason to believe that the security of the Service is being breached or misused, we may require that your Means of identification be changed.

Article 3 : Responsibility of the User

You are solely responsible for the use you make of the Service, the Website and the information and data contained therein.

Any hardware and software required to access the Website and use the Service are exclusively at your own exepense. It is your responsibility to take all appropriate measures to protect your own data and/or software from contamination by possible viruses or any other type of malicious code.   

Article 4 : Our responsibility

We are not responsible for the content of third party websites to which hyperlinks on the Website or accessible via the Service refer.

Due to the special nature of the Internet, access to the Website may be interrupted or restricted at any time by a cause beyond our control. In this case, we cannot be held liable.

Neither can we be held liable in the event of an interruption in access to the Webiste due to maintenance operations, updates or technical improvements, or in order to improve its presentation, provided that these interruptions are reported and that they do not exceed five (5) working days.

Article 5 : Intellectual property

In accordance with the rules relating to intellecutal property, we are the owner of the Website, both in its technical, graphic, textual, ergonomic, navigational and other components. The Service is provided by means of software, algorithms and databases designed and/or developed and/or used by us, which belong to us or over which we have rights.

We also own or have rights to the content we put online. The use of the Website and the Service does not give Users any right to any of the elements mentioned in this article.

By accepting the TOU, you acknowledge our intellectual property rights and undertake to respect them.

Licence to use the Website :

We grant you a non-exclusive, personal and non-transferable licence to use the Website and the Service, and the data contained therein, for your personal use onlu, in accordance with the TOU and for the sole purpose set forth herein (hereinafter referred to as « the Licence »).

You therefore acknowledge that any other use of the Website or the Service is excluded from the scope of this License and may only be made without our prior written consent.

Article 6 : Personal data

To find out more about how we handle your personal data and how we manage cookies, please consult our Privacy Policy.

Article 7 : Duration and termination - Unscription

7.1. – Duration of the Agreement

The Agreement is concluded for an indefinite period of time as from your acceptance of the TOU, acted by the validation of your registration.

7.2. – Termination of the Agreement

We may terminate this Agreement by operation of law and withour prior notice, in the event of a serious or repeated breach of your obligations relating to compliance with the legislation in force, regardless of any damages we may claim.

In the event that you provide false, inaccurate, out-of-date or incomplete data, we shall be entitled to suspend or terminate the Agreement.

In the event of non-compliance with the TOU if, at the end of a period of eight (8) calendar days from the notification by us of the observed breach, you have not remedied the breach or the breach has not been remedied, we may terminate the Agreement immediately and ipso jure, irrespective of any damages we may be entitled to claim.

7.3. – Unscribing from the Service

You may cancel your subscription to the Service at any time by contacting our team at the following email address: audiovisualrights@editis.com

Article 8 : Assignment of the Agreement

We may assign or otherwise transfer the benefit of all or part of the Agreement to a third party, located in France or within the European Union, in particular in the event of the transfer to said third party of the operation of the Website and the Service. You declare that you have been informed of this possibility and accept it unconditionally, regardless of the identity of said party.

Article 9 : Interpretation of the present – General terms

The TOU express the entire agreement between the parties in relation to their subject matter.

In the event that any provision of the Agreement is found illegal, void or inapplicable by a court or authority of any kind, the validity of the other provisions of the Agreement shall not be affected.

The headings attributed to the articles, paragraphs, subparagrphs and annexes of the Agreement are included only for the convenience of its reading and may in no case be invoked for its interpretation. Unless oterwise indicated, all references made to the Agreement, to articles, paragraphs, subparagraphs and annexes shall constitute references to articles, paragraphs, subparagraphs and annexes of the Agreement.

Article 10 : Force majeure

Neither party shall be held liable towards the other party for any delay or failure whatsoever in total or partial performance of its obligations, if such failure results from any event of force majeure pursuant to the criteria defined by the case law of the French Cour de cassation.

Article 11 : Applicable law 

The conclusion, validity, interpretation, execution, termination of the Agreement and their possible consequences are governed by French law.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY DISPUTE RELATING TO THE CONCLUSION, VALIDITY, INTERPRETATION, EXECUTION, TERMINATION OF THE AGREEMENT AND THEIR POSSIBLE CONSEQUENCES, OR RELATING TO THE USE OF THE WEBSITE, WILL BE SUBJECT TO THE JURISDICTION OF THE COMPETENT COURTS OF PARIS, INCLUDING IN CASE OF APPEAL IN WARRANTY OR PLURALITY OF DEFENDANTS AND FOR ANY TYPE OF PROCEDURE, WHETHER ON THE MERITS, IN REFERNCE OR ON DEMAND.

 

[1]- The publishing houses of the Editis Group call on Sogedif, an Editis subsidiary, which is in charge of the management of the user database of the Editis Group’s publishing houses.