TERMS AND CONDITIONS – MEDIATOON DISTRIBUTION
These General Terms and Conditions (hereinafter “T&C”) apply to all Users (hereinafter “User(s)”) of the ELLIPSE ANIMATION website, accessible at the following URL address: https://mediatoon-distribution.com/ (hereinafter the “Website”).
The Website is owned and operated by MEDIATOON DISTRIBUTION.
The Website includes (but is not limited to) text, content, software, video, music, sound, graphics, photographs, illustrations, artwork, names, logos, trademarks, brands and all other content accessible on the Website (hereinafter the “Content”).
Use of the Website implies full acceptance of these T&C. Consequently, all Users of the Website acknowledge that they have read these T&C and undertake to comply with them.
Publisher: MEDIATOON DISTRIBUTION
Head office: 57 rue Gaston Tessier – 75019 PARIS – FRANCE
Legal form: Public limited company
Share capital: €2,738,400
Legal representative: Jérôme ALBY – Managing Director
Phone: +33 1 53 26 31 00
Trade and Company Registration number: PARIS B 421 802 158
VAT ID: FR67 421 802 158
Publication manager: Julien PAPELIER, Chairman and CEO
Web host: Kinsta
Head office: Emmaluc Communication
Phone: +33 4 68 38 55 63
Cookies are small computer files, trackers. They are used to analyse users’ behaviour when they visit a website.
When the Users visit the Website, data may be stored in or retrieved from the Users’ browser, usually in the form of cookies. This information may relate to the Users, their preferences or their device and is mainly used to ensure that the Website is working properly. The information does not generally directly identify the User but may enable the User to benefit from a personalized web experience. Because the Website publisher respects the User’s right to privacy, the Website publisher gives the User the option of not allowing certain types of cookies. However, if the Users block certain types of cookies, their browsing experience may be affected.
Intellectual Property Rights
The entire Content of the Website (in particular the structure, all texts, photos, videos, data, posters, sounds, software, logos, trademarks and other elements reproduced) is reserved and protected by intellectual property law, especially copyright, neighboring rights and trademark rights.
The Website publisher grants the User non-transferable, free, non-exclusive, personal and private authorization to use the Website in accordance with the conditions of use set forth in these T&C.
Any unauthorized use of all or part of the Website Content, and in particular videos, images and sounds (piracy, counterfeiting, etc.) may give rise to legal proceedings.
It is expressly forbidden for Users, whatever their capacity or activity, to set up a mechanism for the systematic referencing of all or part of the Website Content (videos, news, etc.), in particular by means of deep hypertext links, for the purpose of offering, on any other website, service or application, a referencing of the said content for the public (in particular any program schedule service or similar, etc.) and this, for all purposes, especially commercial.
The Users may not use any of MEDIATOON DISTRIBUTION’s trademarks or trade names without the prior written consent of the Website publisher, and the Users acknowledge that they have no ownership rights to such names and trademarks. Their unauthorized reproduction or use may constitute a criminal offence.
The Website Content is provided “as is”, without warranty of any kind, either express or implied.
The Website publisher shall not be held responsible for any damages, direct or indirect, which may result from the use of the Website Content. Consequently, the User shall be held responsible for any authorized or unauthorized use of this information.
The Website publisher shall not be held liable in the event of (i) a cyber-attack or any exogenous attack paralyzing access to the Website or its functionalities; (ii) non-performance or improper performance of its obligations by the operator or Internet service provider with which the User has contracted; (iii) delay or non-performance of an obligation following the occurrence of a case of force majeure as defined by French law and jurisprudence.
In general, the User acknowledges that the Website publisher has an obligation of means regarding the supply of Content and will make its best efforts to guarantee the accessibility of the Website. This accessibility may be suspended for maintenance or upgrading purposes, in order to ensure the proper functioning of the Website, without any obligation of the Website publisher to inform Users in advance.
Accordingly, the Website publisher offers no guarantee regarding the risks of interruption or malfunction linked to connection, network and/or computer system congestion, intrusion by unauthorized third parties or contamination by any viruses circulating on said networks and services.
Similarly, given the international dimension of the Internet, Users are reminded that they must comply with all mandatory rules of public order applicable in their country of residence.
The Website may contain hypertext links to other websites as well as references to other sources of information. These links and sources of information are made available to the User for information purposes only. The Website publisher shall not be held responsible for any damage that may result from consulting the information contained on other sites or in other sources of information in general, and to which the Website refers.
The User undertakes not to use any hardware or software likely to alter, hinder or distort the operation of the Website, or to introduce any data into an automated data processing system of the Website publisher likely to alter, hinder or distort the normal operation of the Website, and in particular to circumvent the restrictions on use defined by these T&C.
It is expressly forbidden to web scrap or search text, images (animated or not), sound and/or data within the meaning of article L. 122-5-3 of the French Intellectual Property Code. This prohibition covers the entire Website and its Content. Any web scraping or searching of text, images (animated or not), sound and/or data on the Website and its Content, including by automated data collection devices, therefore constitutes an act of counterfeiting unless the Website publisher has given its formal approval.
As article R. 122-28 of the French Intellectual Property Code specifies that the prohibition mentioned in article L. 122-5-3 III may be expressed by any means, including by recourse to the general terms and conditions of an Internet site or service, the absence of metadata associated with the Website, Website directories and Website Content has no effect on the exercise of the right to object, expressed in these T&C.
Modification of the T&C
The Website publisher may modify these T&C at any time. The modifications will be effective upon publication of the new T&C. Consequently, by continuing to browse, the User accepts the modifications made to the T&C. The Website publisher invites the Users to consult the T&C on a regular basis in order to be aware of the most recent version and of any changes concerning their data.
The purpose of the GDPR Charter is to present to the User all the information necessary to understand how the Website publisher processes and protects your personal data in the context of the use of said site, and the options available to the User in this regard. The GDPR Charter is accessible by clicking on this link: https://mediatoon-distribution.com/en/charter-for-the-protection-of-personal-data/
If any part of the provisions of these T&C turns out to be illegal, invalid or unenforceable for any reason whatsoever, the term(s) in question shall be declared non-existent and the remaining terms shall retain their full force and effect and remain applicable. The terms declared non-existent will be replaced by the closest possible terms.
The T&C shall be governed by and construed in accordance with the laws of France. Should such intent of amicable settlement fail, the Parties will submit the dispute to the competent Courts of Paris (France).