Genral conditions of use

PREAMBLE

The present General Conditions of Use (hereafter the “GCU”) describe the terms and conditions under which the Maison de la Danse (hereafter “MDLD”) provides the user (hereafter “the user”) with consultation services as well as access to the audiovisual archives put online by the Maison de la Danse, the Centre national de la danse and other contributors which are also hosted on the NUMERIDANSE.TV server. Access to this service is subject to respect of the present General Conditions of Use. Any Internet-user wishing to gain access to the service must have become familiar with these General Conditions of Use beforehand, and agree to respect them without reservations, understanding that they represent a contractual obligation. If the User does not accept all or a portion of the present General Conditions of Use, he then renounces any use of the services proposed by the site www.numeridanse.tv.

The content of the archives put online by the contributors is not the responsibility of the Maison de la Danse, but rather the exclusive responsibility of said contributors.

DEFINITIONS

User:

The Internet-user, or any person who uses the Site or one of the services proposed on the Site with the exception of the contributors. Contributor: Designates, other than la Maison de la Danse and the Centre national de la danse, the producer, artist, dance company, institution or any physical person or company, public or private, that has a Channel on Numéridanse.tv and whose videos are put online.

Service:

Refers to the access services to the audiovisual archives with choreographic content, whether provided free-of- charge or for a fee, and accessible via the Site www.numeridanse.tv.

Webcasting:

Refers to the broadcast of audio and/or video content on the Internet.

Playlist:

Refers to a personal selection of works created by the user to establish a searchable list when connecting to Numeridanse.tv in accordance with the procedure established by the Maison de la Danse.


LEGAL INFORMATION

NUMERIDANSE.TV is a registered trademark filed at the I.N.P.I of Lyon under number 10 3 784 926

The www.numeridanse.tv Site is edited by:

Maison de la Danse
SCIC SA
8 Avenue Jean Mermoz 69008 Lyon
Phone : 04 72 78 18 18
SIRET : 313 955 288 000 52
APE 9004Z
TVA FR 473 139 552 88

The servers of the Sites are hosted in France by:

Webcastor SARL
294 cours Emile Zola 69100 Villeurbanne
Phone : 04 89 83 65 00
SIRET : 450 227 004 RCS Lyon
APE : 9511B
TVA : FR6245022704


Article 1 – INTELLECTUAL PROPERTY

The presentation and each of the elements, including the marks, logos and domain names, appearing on the www.numeridanse.tv Site are protected by French and international laws in effect regarding intellectual property. The MDLD and the contributors that put their archives online are holders of the associated rights or have taken personal responsibility for disposing of them.
No elements making up the www.numeridanse.tv Site can be copied, reproduced, modified, reedited, loaded, distorted, transmitted or distributed in any manner whatsoever, in any format, partially or integrally, without the prior, written authorization of the MDLD.
Any partial or total representation of the Site by any process at all, without the express authorization of the MDLD is prohibited and will constitute an infringement sanctioned by articles L.335-2 et al of the Code of Intellectual Property. The MDLD reserves the right to take legal action against any act of infringement.
Only consultation for private use is authorized for your personal, private and non-commercial purposes.

Article 2 - PURPOSE

NUMERIDANSE.TV is the name of the technical platform (scripts, programs, methods) and is not only limited to the www.numeridanse.tv Site.
The MDLD provides the public with an exclusive service for the consultation of choreographic archives.
The present conditions serve to allow the user to consult these archives, free-of-charge or for a fee, with the understanding that these General Conditions of Use constitute a contract concluded between the parties for an undetermined duration, starting from the moment that the User accepts the terms without reservations.

Article 3 – GENERAL DESCRIPTION OF THE SERVICE

The MDLD proposes, within the framework of its www.numeridanse.tv Internet Site, a service that permits any person who so desires (User) to consult the choreographic archives placed online.
Any person will be able to access the service as long as they have a standard Internet connection.
The user of the present Site acknowledges having the necessary skills and resources, notably technical, to access the Site, and having verified that the IT configuration used contains no virus and that it is in perfect working order. The user agrees to have verified that the configuration of his equipment will bring no harm to the service proposed by the MDLD.
In the case of access to a pay service, the user will have a password granting him access to the service and he will be able to modify said password as often as he likes. The user vouches for the confidentiality of the password giving him access to the service and accepts to take full responsibility for all actions performed under this password.
The user has the option to create an account on Numeridanse.tv following the procedure in order to create his own playlist and save it on his account.
In addition, the user has the option to "share" the link of videos that he likes on the social networks of his choice.

Article 4 – OBLIGATIONS OF THE USER

The user agrees not to use the tools made available by the MDLD for any purpose other than the consultation. The user cannot sell or make available to third parties, free-of-charge or for payment, the services proposed by the MDLD, notably on the www.numeridanse.tv Site. The user vouches for the confidentiality of the password granting access to the service and accepts to take responsibility for all actions taken under this password.
The user agrees, within the framework of his use of the service, to not indulge in acts of any kind that are in violation of French law and, if applicable, of the law of the country from which he is consulting NUMERIDANSE.TV, or which would be a violation of French law and order or of the rights of one or several third parties. It is understood that the playlist and sharing on social networks is defined as the ability for the user to report the link of a work of his choice for a streaming consultation, without downloading it, a non permitted functionality on Numeridanse.tv.

Article 5 – SUBSCRIPTION TO THE NEWSLETTER / SUBSCRIPTION FOR THE CREATION OF A PLAYLIST

All nominative and personal data relating to the User which is collected at the time of subscription to the newsletter and/or the creation of a playlist and/or the updates thereof is required for the distribution of said newsletter and creation of the playlist. Subscription by the user shall be deemed as acceptance by the latter of use by the MDLD of said information. Pursuant to Law no. 78-17 of 6 January 1978 amended, the MDLD hereby guarantees that the User shall have a right to access, amend and delete any personal data stored at the time of registration. Upon closure of the User account, all data shall be archived and stored by the MDLD or the representative thereof, for the legal term of data storage. He can also, for legitimate reasons, oppose the processing of personal data.
Any failure by the User to complete any of the online fields marked as compulsory requested by the MDLD shall prohibit the former from accessing the service proposed by NUMERIDANSE TV.
This information is intended solely for the MDLD or its service providers allowing the latter to propose online services to the user.
The MDLD requires express consent from the User so as the MDLD can process any personal data.
As a diligent professional, and pursuant to professional practices, the MDLD shall implement all technical resources required to ensure the confidentiality of all personal data provided by the User as stored on its servers.
However, the MDLD shall not be held liable for any default in security or any use which may be undertaken by any third party receiving personal data concerning the User, notably due to the use of email via the internet for which the MDLD may not be held responsible.
The MDLD hereby reserves the right to communicate personal data in order to ensure respect of a legal obligation, or following enforcement of a judicial or administrative ruling, or a decision by an Independent Administrative Authority (for example, the National Commission for Data Protection and the Freedom of Information).

Article 6 – CASE OF NON-RESPECT OF THE CONDITIONS OF USE

The users are invited to notify the MDLD in case of violation of the present General Conditions of Use via the email address numeridanse@maisondeladanse.com
Any abusive notification will give way to legal action and shall be subject to penal sanctions.
At its entire discretion, the MDLD reserves the right to suspend service to any blog or user due to a breach of these General Conditions of Use, without prior notice and without the possibility of contestation.
MDLD will not be held responsible for a problem related to the Content found on its site due to the service available at www.numeridanse.tv
Concerning requests for the removal or elimination of photos or videos, the law of 21st June 2004 on la confiance dans l’économie numérique (LCEN) (trust in the digital economy) indicates that companies that provide hosting services are not responsible for the disputed content that they host if the litigious nature of the content has not been brought to their attention.
Once the MDLD receives a request for information, following a complaint from a user about litigious content, from the Public Prosecutor, the police, the state police or from any other legal authority, the MDLD will process this request as quickly as possible.

Article 7 – RESPONSIBILITY OF the MDLD

The MDLD has an obligation of means within the framework of the present General Conditions of Use and shall not be held responsible for any loss, harm, or indirect losses of any kind resulting from the management, use or exploitation of the service, or from an interruption or malfunction of the service.
The MDLD cannot be considered as responsible for content from external Sites or for the functioning of access to these Sites. The MDLD does not approve and is not responsible for the content, ideas, opinions, products or services on these external Sites.
The contributors acknowledge that they are solely responsible for the hypertext links and Internet addresses appearing on their channel and guarantee the MDLD, and its managers, agents and employees against all litigation or claims relative to these links.
The MDLD does not guarantee against, and cannot be held responsible for the loss or alteration of the files or data that the user transfers over its Site.
The MDLD is in no way responsible of the playlists created by the user, who has the ability to "share" its selection by including the link on the social networks of their choice: the MDLD disclaims any responsibility for user comments undertaking such sharing.
The contributors knowingly accept to transfer these files and data under their sole responsibility. It is incumbent on the contributors to take all measures of security and safekeeping that they deem necessary.
The MDLD reserves the right to include a banner ad or a pop-up window, regardless of the advertiser.
Under no circumstances can the user require a fee or indemnification from the MDLD or from the advertiser. The MDLD reserves the right to eliminate, modify or move this banner ad without the prior authorization of the user.

Article 8 – CASE OF FORCE MAJEURE

The MDLD will not be held responsible or considered as having defaulted under the present conditions for any delay or non-execution, when the cause of the delay or non-execution is related to a case of force majeure as defined by jurisprudence in French courts and tribunals, and including the interruption, suspension, reduction or failure of electricity or other interruptions of the telecommunications networks.
The information shall be communicated generally in the Info section of the www.numeridanse.tv Site.
Meanwhile, the user declares that he knows that the suppliers of equipment, software and telecommunications infrastructures used in these domains offer no absolute guarantee of the proper functioning of the service. As a user of technologies and infrastructures developed and provided by third parties, the MDLD offers no commitment that its service shall be totally without interruption and without delay, especially when there is a “bug” or updates of a product.
Furthermore, the MDLD reserves the possibility of modifying the content of www.numeridanse.tv and the administrative tools of the users at its sole convenience, at any moment and without prior notification.
The MDLD reserves the possibility of rendering the Site or the services temporarily unavailable for maintenance or update activities.

Article 9 – INFORMATION AND CONFIDENTIALITY

In conformity with the law of 6th January 1978 relative to information systems, files and freedoms, the automated processing of personal information carried out by the www.numeridanse.tv Internet Site has been mentioned in a declaration to the Commission Nationale de l'Informatique et des Libertés (CNIL) (National Commission for Data Protection).
In order to improve the quality of its service and better meet the expectations of its users, the MDLD will be able to collect personal information about the user, notably by the use of markers (cookies).

Article 10 – COOPERATION WITH THE PUBLIC AUTHORITIES

The MDLD has a legal obligation to cooperate with the authorities who wish to conduct verifications relative to the content or to the identity of the users of the service. The users of the service declare that they have been informed that the MDLD may be released from its obligation of professional secrecy under the conditions specified by article 6 of the law of 21st June 2004, and they consent to this.
The MDLD is not subject to a general obligation to monitor the information that it stores, nor to look for facts or circumstances related to illicit activities.
Meanwhile, the MDLD is compelled to inform the competent public authorities of activities or information that is clearly illicit, with which it may come into contact in exercising its business activities.
The MDLD is required to hold and conserve the data permitting the identification of all persons having contributed to the creation of content on its services.

Article 11 – MODIFICATIONS AND COMPETENT JURIDICTION

The present General Conditions of Use are governed by the Law and the French language.
The user of the service accepts that any dispute or complaint related to the functioning of this service be settled before a jurisdiction in the location of the MDLD.
The present General Conditions of Use can be modified by the MDLD at any moment, notably in case of technical, legal or jurisdictional changes, or at the time that new services are put in place. The user should review the present General Conditions of Use regularly and agrees to immediately cease any use of the service in case of disapproval of said conditions, as the user is required to accept the present General Conditions of Use without reservations. From the moment that the user no longer approves of the present General Conditions of Use, he agrees to no longer consult the www.numeridanse.tv site without delay.
Use of the service implies acceptance by the user of all of the stipulations described by the present Conditions of Use and of all the modifications that the MDLD could make to them.
In case of disputes or claims from the user, from the MDLD or from a third party, relative to the use of the service, only the version of the present General Conditions of Use that is accessible on the www.numeridanse.tv Site shall be binding between the parties, regardless of the date of the disputed facts.
In the absence of an amicable solution, any dispute that could arise between the parties regarding the formation, execution, interpretation or cancellation-resolution of the Contract shall come under the exclusive jurisdiction of the District Court in the location of the headquarters of the MDLD (notably the District Court of Lyon) and including in the case of interlocutory proceedings, petitions or multiple defendants.