CINETWORK – TERMS AND CONDITIONS OF USE Updated on April 29, 2022

For the purposes of these terms of use, the following capitalized expressions have the meanings ascribed to them below:

“TU” or “Terms of Use” refers to the stipulations contained herein, defining the terms and conditions of access to and use of the Service(s).
“User Account” means an account created by a natural person of over 16 (sixteen) years of age in the Service(s) to access part of the Content.
“Content” means, without limitation, the structure and/or architecture of the Service(s), the editorial content, the Player for viewing videos, written content, sections, drawings, illustrations, photos, images, sounds, videos, and any other content contained in the Service(s) and/or any other component of the Service(s).
« Editor(s) » or « we » means « CINETWORK » , the company (a Société par Actions Simplifiée) that edits the Service(s).
Directeur de la publication : Mehdi MOUTIA
“Newen Group” means NEWEN, and the companies directly or indirectly controlled by NEWEN, according to Article L. 233-3 of the Code du Commerce (French business law). CINETWORK is part of Newen Group.
“Player” refers to the device used for broadcasting and viewing video files, audio files and/or photographs. The Player may include a Player Code, in the form of a computer code, enabling third parties to display the files on other websites or blogs, via the Player, in accordance with Section IV.
“Service(s)” means the Website.
“Third-party Services” means online services edited by third-party partners available via the Service(s), including via dedicated pages and/or hyperlinks added in the various sections of the Service(s).
“Website” means the online service available to Users via their terminal.
The CINETWORK application can be accessed via the domain name cinetwork.app, edited by CINETWORK.
The Website is hosted by Amazon Web Services, headquartered at 38 Av John F Kennedy, LUXEMBOURG.
The Website gives access to the Service(s).
“User”or “you” means any individual accessing the Service(s).

PLEASE CAREFULLY READ THESE TERMS OF USE AND KEEP A COPY OF THEM.

I – PURPOSE AND SCOPE OF THE TERMS OF USE OF THE SERVICE(S)

I.1 ACCEPTANCE OF THE TERMS OF USE AND MODIFICATION

These Terms of Use apply to anyone accessing the Service(s). They govern all use of the Service(s) and imply your full and unconditional acceptance of them. If you do not accept these TU, you will not be able to continue using the Service(s). The use of some Service(s) can require compliance with additional rules or guidelines beside the TU. You will be informed of them in the interface of the Service concerned.
The applicable TU are those in force when you access and use the Service concerned.
The Editor reserves the right to modify the TU at any time, including due to changes in Service functionalities or for legal or technical reasons. You are informed of such modifications as they go online. When you access the service after they go online, you are deemed to have unreservedly accepted them. We therefore recommend that you periodically review the TU.

I.2 PRESENTATION OF THE SERVICE(S)

The Service(s) enable the centralization of data with a view to managing film production projects. Its main characteristic is that, with a single tool and a shared database, it takes on board all the functionalities required to manage the entire film production process. It enables the coordination of that process by integrating all the various stages, from preproduction to postproduction.

II – TECHNICAL TERMS OF USE OF THE SERVICE(S)

For optimal browsing of the Website, we recommend the following configuration: - Activate JavaScript; - Screen resolution: at least 1280 x 800;
- Use the two latest versions of the following browsers: Chrome, Edge, Firefox, Safari;
- Use the two latest versions of the following operating systems: Windows, Mac OS, iOS et Android.

Please note that your access to the Website may be suspended for maintenance, upgrading or any other technical purpose.
If a proxy is used (particularly in the case of corporate networks), access to the Service may be inoperative. In that case, it is advisable to uninstall the proxy. Failing this, we cannot guarantee access to the Service.

III – TERMS OF USE OF THIRD-PARTY SERVICES

To provide you with as much information as possible likely to be of interest to you, our Services can give access to Third-Party Services mentioned as such on the corresponding pages of the Service(s).
The Third-Party Services to which the Service(s) give access are offered independently by partners, advertisers, or the third-party editors of those services, under their sole responsibility.
The editors of Third-Party Services are solely liable for their content and for complying with applicable regulations in respect of the services they offer, including laws and regulations concerning distance selling, consumer protection, false or misleading advertising, prices, and product compliance.
When you access Third-Party Services, the specific terms of use and/or sale of the Third-Party Services will exclusively apply.

IV – TERMS OF USE OF THE PLAYERS

Some Services enable you to use Players to view and/or integrate video content that is exclusively intended for Cinetwork Users (e.g., websites or blogs). Except if agreed by the Editor concerned, the video content may only be integrated with personal websites (i.e., edited for non-professional purposes) and social networks.
The Players are exclusively for personal use, not for commercial use. Consequently, you undertake not to reproduce, copy, sell, resell, modify, exchange, use for commercial purposes or against any kind of payment, benefit, or advantage, whether direct or indirect, all or part of the Players, any use of the Players or any rights of access to the Players.
It is strictly forbidden to obscure, remove or modify the distribution of any Content, including advertisements, via the Players.

V – WARNING

You are fully aware of the risks associated with using the Internet and social networks, including the fact that networks are not virus-free. Thus, we recommend that you install antivirus software to protect the terminals you use for browsing against viruses and other risks associated with using the Internet. Subject to our best efforts to provide a state-of-the-art security level for our Service(s), we cannot assume responsibility for any contamination by potential network viruses.

VI – INTELLECTUAL PROPERTY RIGHTS

The Content of the Service(s) is protected by intellectual property rights throughout the Territory.
In accordance with the French code of intellectual property, any use other than for strictly private and personal purposes, reserved to the family circle, is prohibited.
Unless previously authorized by the Editor and/or other stakeholders, any other use will constitute an infringement and will be punished in accordance with intellectual property law.
Any unauthorized reproduction, in whole or in part, of all or part of the components of the Service webpages is strictly prohibited.

VII – LIABILITY

We cannot be held liable towards you for any malfunction or interruption of the Service(s) in connection with or resulting from:

- a force majeure event, as defined in Article 1218 of the French civil code and by case law;
- any use of the Service(s) by you in breach of the TU;
- any disappearance, loss or deterioration affecting your computer equipment, due to an error committed by you;
- any non-performance or improper performance by your Internet operator or service provider.
In view of the innovative nature of the Service(s) and our desire to constantly improve user experience, we cannot be held liable for any minor malfunctions or errors.
You undertake to hold us or any third parties harmless from any loss resulting from the misuse of the Service(s) by you.

VIII – MISCELLANEOUS

Should one or more clauses of the TU be found or declared to be invalid pursuant to the law or regulations or following a final ruling by a competent court, the other clauses will retain their full force and scope. The clause will be declared null and void and will be replaced by a clause whose content is as close as possible to that of the clause initially cancelled.
In view of the international dimension of the Internet, we remind you that you must comply with all the mandatory rules and public policies applicable in your country of residence.
We reserve the right to assign our rights and obligations hereunder to any company of our choice.

IX – DATA PROTECTION

-Personal data
For further information on personal data processing and to exercise your rights, please read CINETWORK’s Privacy Policy at the following address: [insérer lien de la Politique de Protection des Données de Cinetwork]

X – APPLICABLE LAW AND JURISDICTION

These TU are governed exclusively by French law. Any disagreement or dispute for which an amicable settlement cannot be found within a period of 60 days will be exclusively submitted to the courts of competent jurisdiction.