GCU

PREAMBLE

The purpose of these General Terms and Conditions of Use (hereinafter the “GCU”) is to determine the conditions of access and rules for use of the “Podcast to Screen” site accessible via the following link: podcast-to-screen.com/en.

Access to the Site and the Services as defined below are subject to compliance with the GCU by the User or Visitor as defined below.

Access to the Additional Services as defined below is reserved for the User and is subject to compliance with the GCU.

ARTICLE 1 – DEFINITIONS

In the present document, words or expressions beginning with a capital letter, in the singular or plural, shall have the following meaning:

Account: refers to the space created by the User to access Additional Services. The creation of an Account requires express acceptance of the GCU.

Additional Information(s): refers to all information and publications accessible on the Site via the Additional Services and in particular:

– information relating to rights held on IPs and their availability;

– information relating to the IPs’ audience (broadcast dates, cumulative audience, Apple rating, etc.);

– information on IPs under development;

– pitch decks for certain IPs.

Additional Services: refers to all services and products available to the User on or via the Site.

Editor: refers to the company Paradiso Media, which owns and operates the Site, Services and Additional Services.

Information(s): refers to all information and publications accessible on the Site and/or via the Services.

IP(s): refers to all audiovisual productions referenced on the Site and owned by the Publisher or over which it holds rights.

Services: refers to all services and products available to the Visitor on or via the Site.

User(s): refers to Visitors who have created an Account on the Site, enabling them to access the Site and the Additional Services, regardless of where they are located or how they connect. A User is also a Visitor within the meaning of these GCU.

Visitor(s): refers to the person who consults the Site and benefits from the Services, regardless of their location and connection methods.

Web Host: refers to Infomaniak Network SA, whose registered office is located at 25 Rue Eugène Marziano 1227 Les Acacias (Geneva).

ARTICLE 2 – PURPOSE OF THE SITE  

The purpose of the Site is to offer a catalog listing the various IPs owned by the Editor or over which he retains rights.

The purpose of the Services is to enable the Visitor to consult the catalog of IPs.

The purpose of the Additional Services is to enable the User to access further elements and information relating to the IPs, in particular the Additional Information.

Any use of the Site, Services and Additional Services by the Visitor or User shall be in compliance with the GCU.

ARTICLE 3 – ACCESS AND CONDITIONS OF USE OF THE SITE AND/OR SERVICES

3.1 ACCESS TO THE SITE AND/OR SERVICES

Access to the Site and/or the Services and/or Additional Services is possible from a computer, tablet or smartphone connected to a telecommunications network according to the communication protocols used on the Internet network.

The Editor grants the Visitor and the User, subject to their acceptance of and compliance with the GCU, the right to consult, use and access the Site and/or the Services and/or Additional Services under the conditions set out herein.

To access the Additional Services, the User must have an Account. To request the creation of an Account, the User must complete a registration form.

The User must provide the Editor with the following information: surname, first name, company name, e-mail address, country and content search preferences.

By completing the registration form, the User warrants to the Editor that he has provided accurate, truthful, up-to-date and complete information concerning his identity and contact details. In particular, he/she undertakes to provide an effective e-mail address of which he/she is the owner.

The User undertakes to create only one Account corresponding to his/her profile.

The User undertakes to regularly update all information relating to his/her profile, in order to maintain its accuracy, using the means made available to him/her on the Site.

In the event that the User provides objectively false, inaccurate, out-of-date or incomplete data, the Editor shall be entitled to suspend or terminate the User’s Account and to refuse the User future access to the Site, Services and Additional Services.

The reason for suspension may only be communicated at the discretion of the Editor upon request by the User to the e-mail address given below.

The User is solely responsible for any use that may be made of his/her passwords and identifiers (e-mail address or other). The User is solely responsible for the confidentiality of his/her identification to the Site and Services, as well as any use of his/her Account.

The Editor reserves the right to deactivate a User’s Account after a period of total inactivity equal to or greater than one year. However, the User may reactivate his or her Account by expressly requesting the Editor to do so.

Each User is entirely responsible for his/her own login data. In the absence of proof to the contrary, any connection to the Site, Services and Additional Services, or transmission of data using the User’s connection details or Account, shall be deemed to have been made by the User.

When the User registers on the Site, a window containing the GCU is displayed. The User must accept them by checking the box: “By signing up, you accept our Terms of Service”.

The Editor reserves the right to unilaterally modify or update the GCU at any time, according to the changes or additions made, in particular in order to comply with any legal, jurisprudential, editorial and/or technical developments, as well as any modifications to the general conditions of use of the Host’s services.

The User must regularly consult the latest version of the GCU, which is permanently available and accessible on the Site.

Should the GCU be modified, an e-mail containing the new version may be sent to Users, who undertake to acquaint themselves with it.

If the User does not accept the GCU, he/she will not be able to access the Additional Services.

3.2 ACCESSIBILITY PERIOD

The User’s or Visitor’s access to the Site and/or Services is for an unlimited period, without prejudice to the Editor’s right to unilaterally terminate access at any time, without notice, reason or compensation.

The User and the Visitor acknowledge that in the event of violation of the legal provisions and/or the GCU, the Editor may block and/or terminate the User’s or the Visitor’s access to the Site and/or the Services and/or Additional Services, without prior notice, with immediate effect.

ARTICLE 4 – OBLIGATIONS OF VISITORS AND USERS

4.1 OBLIGATIONS OF VISITORS

The Visitor undertakes, without this list being limitative:

  • not to use the Site, the Services and the IPs for commercial purposes and generally not to use them in such a way as to offer products and services that remunerate him directly or indirectly without having obtained the Editor’s express prior written authorization;
  • not to “resell” or make available to a third party the content of the Site, Services or IPs for a fee and/or free of charge without having obtained the Editor’s express prior written authorization;
  • not to use the Site and/or Services to send unsolicited advertising or promotional material in any form whatsoever;
  • not to use the Site or Services in any way that may breach applicable law or the GCU ;
  • not to use the Site, Services, IPs and Information for commercial solicitation purposes;
  • not to infringe any intellectual property rights (e.g. copyright, trademark, patent or other proprietary rights), particularly those attached to the IPs;
  • not to divulge the sensitive personal information of others;
  • not to use any software or process intended to copy information from the Site and/or Services without the express prior authorization of the Editor;
  • to refrain expressly from using software or devices likely to disrupt the proper operation of the Site and/or Services, or to take any action likely to impose a disproportionate burden on the Editor’s infrastructures;
  • not to extract or reuse, including for private purposes, without the Editor’s prior written authorization, all or part of the content of the databases and archives constituted by the Site and/or the Services and/or the IPs;

not to set up systems likely or of a nature to pirate the Site and/or the Services and/or the IPs in whole or in part, or of a nature to violate the GCU;

  • to inform the Editor as soon as he becomes aware of any infringement whatsoever (in particular of the Editor’s intellectual property rights), in particular of any illicit or non-contractual use of the Site’s Information and/or Services and/or IPs, whatever the means of distribution used.

4.2 OBLIGATIONS OF USERS

The User expressly undertakes, in addition to the obligations set out in Article 4.1:

  • not to resell, share or publish identifiers or accesses provided by the Editor;
  • not to use, exploit or disclose all or part of the Additional Information without the express prior written consent of the Editor;
  • not to use the Additional Services and the Additional Information for commercial solicitation purposes;
  • to solicit the Editor for any request for contact with IP rights holders;

The User acknowledges that the Editor is the sole owner of the rights associated with the IPs or has obtained the associated rights by way of license. In this regard, the User undertakes to contact the Editor for any licensing request using the tools available on the site, in particular the “Contact us” button.

ARTICLE 5 – AVAILABILITY OF THE SITE AND/OR SERVICES AND/OR ADDITIONNAL SERVICES

The Site, Services and Additional Services are accessible 24 hours a day, 7 days a week, except in cases of force majeure or events beyond the Editor’s control.

Notwithstanding the foregoing, the Editor reserves the right to suspend, interrupt or limit, without prior notice, access to all or part of the Site, Services or Additional Services, in particular for maintenance and updating operations necessary for the proper functioning of the Site and/or Services and related equipment, or for any other reason, in particular technical.

The Editor is not bound by any obligation of result concerning the availability of the Site, Services and Additional Services, but only by an obligation of means.

The Editor is in no way responsible for interruptions and the consequences thereof for the Visitor or User, in particular when the interruptions are caused by the Host for maintenance or other purposes.

ARTICLE 6 – HOSTING OF THE SITE AND/OR SERVICES AND/OR ADDITIONAL SERVICES

Visitors and Users are hereby informed that the content published on the Site or via the Services is hosted and stored on the Web Host’s server, which they expressly acknowledge and accept.

ARTICLE 7 – SECURITY

The User remains solely responsible and liable for any activity occurring via his Account, under his logins or through his licenses.

The User remains solely responsible for the security of his password, license or other access provided by the Editor.

The User undertakes to inform the Editor immediately of any unauthorized use of his Account, and of any breach of the confidentiality and security of his means of identification, by sending a message to the following address:

contact@podcast-to-screen.com

If the Editor has legitimate reason to believe that the security of the Site/Services or Additional Services is threatened, or that the latter are being misused, in particular as a result of unauthorized use of the User’s means of identification, he may temporarily suspend the Account, in particular in order to preserve the integrity of the Site and/or Services, and, if deemed appropriate, require the User’s means of identification to be changed.

ARTICLE 8 – INTELLECTUAL PROPERTY

In general, Visitors and Users undertake not to infringe the intellectual property rights (copyright, neighbouring rights, sui generis rights of database producers, trademark rights, domain names, etc.) of the Editor and/or the Host, and/or of any third party.

The Editor holds all intellectual property rights to both the structure and content of the Site and/or Services (text, logos, images, sound elements, software, icons, layout, databases, etc.) or has regularly acquired the rights to use the structure and content of the Site and/or Services and/or Additional Services.

Visitors and Users are therefore prohibited from copying, reproducing, representing, modifying and/or exploiting, transferring in any way whatsoever and for any purpose whatsoever, all or part of the structure and content of the Site, IPs, Information, Additional Information, Services and Additional Services, except with the express, prior and written authorization of the Editor.

With the exception of any pitch decks present on the Site and made available to Visitors, any downloading is strictly prohibited, unless expressly authorized by the Editor.

The Editor and/or any third party concerned may take appropriate action against any abusive downloading.

The consequences of any damage resulting from downloading by a Visitor or User without having informed the Editor and/or in breach of the Host’s terms of use or present GCU shall be borne entirely by said Visitor or User.

The trademarks and logos reproduced on the Site are registered with the relevant offices by the companies that own them. Any reproduction of the names or logos, by any means whatsoever, without the prior authorization of the owner concerned, is prohibited.

Failure to comply with these prohibitions may, in particular, constitute an act of counterfeiting and/or unfair and parasitic competition for which the Visitor may be held civilly and/or criminally liable.

ARTICLE 9 – LIABILITY/WARRANTIES

The Visitor and/or the User undertake, when using the Site and/or the Services and/or the Additional Services, not to breach the legislative and regulatory provisions in force, the good practices of the Internet and netiquette, and the GCU.

The Visitor and/or User is hereby informed that any use of the Site and/or Services and/or Additional Services in breach of the provisions of the GCU may give rise to liability, legal proceedings and sanctions.

The Visitor and/or User shall be liable to the Editor and/or third parties for any direct and/or indirect material and/or immaterial loss of any nature whatsoever caused by them and/or their employees in the event of non-compliant use of the Site and/or Services and/or Additional Services.

The Visitor and/or the User indemnify the Editor, as well as its parent, sister or affiliated companies, its representatives, its employees and its partners, against all demands, claims and/or remedies of any kind, resulting from any breach of the said stipulations.

In the event of a dispute arising from a breach of the GCU, the Editor reserves the right to take action against the Visitor or User in accordance with article 13 of the GCU on dispute resolution, or to call the Visitor or User as guarantor.

The Visitor and/or User may then be required to compensate, at any time and on first demand, any damage caused to the Editor and/or third parties resulting from any breach of the GCU.

This guarantee covers both any damages and interest that may be paid, whatever their direct or indirect origin, as well as legal fees, expert fees, court costs, etc.

The Visitor and/or User undertake to act with diligence in responding to any claim. 

It is the Visitor’s responsibility to take all necessary steps to preserve the confidentiality of the Information, and in particular to assign it to private areas.

It is the User’s responsibility to take all necessary steps to ensure the confidentiality and protection of the Additional Information against any unauthorized access, disclosure or use.

The Editor declines all responsibility for any use of its Services and Additional Services that does not comply with the GCU.

The Visitor acknowledges that the Services are provided “as is”. The Editor disclaims all warranties of any kind, express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose and non-infringement.

The User acknowledges that the Additional Services are provided “as is”. The Editor disclaims all warranties of any kind, express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose and non-infringement.

Without prejudice to the foregoing, the Visitor accesses and uses the Services under his or her own responsibility. In this respect, the Visitor expressly acknowledges that the Editor may not be held liable for any direct or indirect damage resulting from the Visitor’s use of the Site and/or the Services, including but not limited to: (i) any special, incidental or consequential damages related to the use of the Services; (ii) the cost of acquiring products or services to replace the Services; (iii) the interruption of use or the loss or corruption of data related to the Service.

ARTICLE 10 – CONTACT

If you have any questions regarding the operation of the Site and/or the Services and/or Additional Services and the GCU, please contact contact@podcast-to-screen.com.

ARTICLE 11 – PERSONAL DATA

Visitors and/or Users are hereby informed that the following personal data are processed in connection with the Site and/or Services and/or Additional Services:

  • surname/first name/email of the User entered when creating an Account
  • company name
  • country
  • content search preferences

This personal data is processed under the responsibility of PARADISO MEDIA in its capacity as Data Controller.

This personal data is mandatory in order to have an Account. Consequently, the Editor will be obliged to delete the Account of Users who object to the processing of this data.

The data controller collects this personal data in order to:

  • Send the site newsletter and information from the Editor;
  • Obtain the User’s contact information;
  • Propose content tailored to the User’s preferences;
  • Ensure traceability of IP consultation.

Consent may be withdrawn at any time, it being specified that withdrawal of consent has no retroactive effect on processing already carried out.

Personal data will only be kept for as long as is necessary to achieve the purposes listed above.

In any case, the data collected will not be communicated or transferred to third parties inside or outside the European Union. They remain strictly confidential.

In accordance with Law n°78-17 of January 6, 1978 and Regulation 2016/679 of the European Parliament and of the Council of April 27, 2016, Users have the right to request from the Editor access to their data, the rectification or deletion thereof, or a limitation of processing, as well as the right to object to processing and the right to portability, the right to withdraw their consent to processing, the right to lodge a complaint with a supervisory authority, the right to define the conditions of use, retention and communication of their personal data in the event of death.

Any person providing proof of identity may exercise these rights by sending a request to: contact@podcast-to-screen.com.

If you also consider that the processing of your personal data constitutes a breach of regulations, you have the right to lodge a complaint with the CNIL or the supervisory authority in the country where you usually live, work or where the breach was committed.

ARTICLE 12 – NULLITY OF A CLAUSE

The nullity, in whole or in part, of one or more stipulations of the GCU, under the terms of a legal or regulatory provision or of a court decision that has become final, does not entail the nullity of the other stipulations or of the part of the stipulation not affected by the nullity.

ARTICLE 13 – APPLICABLE LAW – SETTLEMENT OF DISPUTES

The GCU are governed by French law.

In the event of any dispute concerning the interpretation, validity or performance of the GCU, the User and the Editor agree to use their best efforts to settle the dispute amicably.

Should an amicable agreement not be reached, any dispute relating to the interpretation or execution of the GCU will be submitted to the jurisdiction of the Paris courts.