Terms and conditions of use of the website www.numeridanse.tv for access to content published online
Article 1 – DEFINITIONS
Account: Refers to the private space that Users can open on the Website. By creating an Account, Member Users can access features which Non-Member Users are not entitled to access.
Content: Refers to all audiovisual, text, sound, graphic and photographic elements published on the Website. The Content is accessible free of charge, in bilingual form, and can only be streamed. It cannot be download.
Contributor: Refers to, in addition to Maison de la Danse and the Centre National de la Danse, a producer, artist, dance company, institution or any natural person or legal person under private or public law who has opened an Account on the Website and whose videos and associated content and virtual exhibitions are published online.
Playlist: Refers to the personal selection of works made by a Member User to produce a list that can be viewed when he or she logs into his or her Account using the procedure implemented by Maison de la Danse.
Services: Refers to the Content access services accessible free of charge to any User via the Website.
T&Cs: Refers to these terms and conditions of use.
User or Users: Refers to an internet user or internet users, i.e. any natural person who uses the Website or one of the Services available on the Website. Users may open an Account on the Website (hereinafter the “Member User” or "Member Users") or not (hereinafter the “Non-Member User” or "Non-Member Users").
Webcasting: Refers to the broadcasting of audio and/or video Content on the internet. Website: Refers to the website www.numeridanse.tv.
Article 2 – PURPOSE AND SCOPE
Numeridanse is a multimedia platform which offers access to a video library and fun, narrative experiences relating to works, artists and themes in the world of dance.
Numeridanse offers a broad and varied overview of choreographic art, including filmed shows, documentaries, interviews, dramas and dance videos. All genres, styles and forms are represented, including Butoh, classical, neoclassical and baroque dance, Indian and African dance, flamenco, contemporary and traditional dance, hip hop, tango, jazz, circus arts and performance.
Maison de la Danse provides the public with an exclusive, free service for viewing archives of choreographic heritage. The purpose of these T&Cs is to describe the conditions for use of the Website and how to access its Content free of charge.
The purpose of these T&Cs is not to determine the legal conditions for the publication by any Contributor of Content on the Website.
To access the Content, Users must accept and abide by these T&Cs. Any User wishing to access the Content must first have read these T&Cs and agreed to abide by all of their provisions. If Users do not accept these T&Cs in whole or in part, they should then refrain from using the Services available on the Website.
Minors are permitted to view the Website and the Content as long as they have first obtained permission to do so from the holder(s) of parental responsibility, and as long as the latter have agreed to be guarantors of the minors’ compliance with these T&Cs.
Any use of the Website by a minor User is carried out under the entire responsibility of the holder(s) of parental responsibility for the minor User concerned.
In the event of a breach of these T&Cs, Maison de la Danse reserves the right to bring proceedings against the User or, in the case of a minor User, against the holder(s) of parental responsibility.
Article 3 – GENERAL DESCRIPTION OF THE SERVICE
3.1 Description of Services accessible to Users (Member Users and Non-Member Users):
Maison de la Danse presents, on its Website, a Service which enables any User having a conventional internet connection (Member Users and Non-Member Users) to view the Content published online.
The Services accessible to any User are as follows:
The video library offers access to all the video resources on the Website. Search tools are available to Users, including a search engine, an index list (organised by author, title of the work and institution), search filters by period, region, Contributors and resource type (filmed show, documentary, drama, dance video). Users can also decide how their results are displayed, choosing from video thumbnails, timeline and a geographical map. Users are also given suggestions on videos to explore belonging to the same artistic movement, by the same author or referencing the same theme, in addition to journeys, web docs and virtual exhibitions.
The Thémas space gives you the opportunity to enjoy a narrative experience with a web doc, journey or virtual exhibition and a guided exploration of the world of dance. Resources are grouped by family to help Users choose between major artistic movements, social themes, portraits of artists and institutions, etc.
Tadaam is the area of the Website for younger audiences.
Users have access to:
- games in which they can play with sound, video editing, dance movements and props;
- the dance den: a video dance tutorial;
- a serious game entitled “My Dance Company” for over-12s;
- the Data-danse platform: http://data-danse.numeridanse.tv/;
- links to third-party websites.
The NDlab space showcases a selection of audiovisual productions for the web:
- 360° videos, Webdocs, webseries, timelines, etc. These projects have something in common: dance in all its forms, genres and styles. Through these new creations, Users can discover experimental works by contemporary creators and the technological innovations of tomorrow.
Users can “share” the link to Content they enjoy on their choice of social media or by email.
3.2 Additional features for Member Users:
Users have the option to create an Account on the Website, using the procedure below:
- Users have to click on the “Create an account” tab. They have to complete the form (username, email address, first name, surname). They can also sign up using their Facebook account;
- Maison de la Danse will then automatically send Users an email confirming they have signed up for the Website and their chosen username. They will have to click on a link to save their password online. By opening an account, Member Users can access additional features. They will have the option to: create their own Playlists; decide whether their Playlists will be public or private; add another User's Playlist to their favourites; add videos to their favourites; access their search history as they browse the Website, save it to their Account and download it in Excel format.
By opening an account, Member Users can access additional feateres. They will have option to :
- create their own Playlists;
- decide whether their Playlists will be public or private;
- add another User's Playlist to their favourites;
- add videos to their favourites;
- access their search history as they browse the Website, save it their Account and download it in Exel format.
Article 4 – RESPONSIBILITIES OF THE USER
4.1The User's declarations and obligations :
Users state that they have the skills and resources, notably technical resources, needed to access the Website, and that they have checked that the computing setup used contains no viruses and is in perfect working order.
Users confirm that they have checked that the configuration of their hardware will cause no harm to the Service offered by Maison de la Danse.
Users agree not to use the Services provided by Maison de la Danse on its Website for any purpose other than viewing Content, for non-commercial purposes.
Users may not sell the Services offered by Maison de la Danse, especially on the Website.
It is understood that the creation of Playlists and the sharing of Content on social media or by email gives Users the option to notify others of the link to their choice of Content for streaming, but not for downloading, which the Website does not permit.
Member Users agree to keep confidential the password they have chosen to enable access to their Account. Maison de la Danse cannot be held liable if Users sustain damage as a result of their disclosing their password to a third party.
Users agree, when using the Service, not to perform acts of any kind whatsoever that might be contrary to French and/or international public order, or that might prejudice the rights of one or more third parties.
4.2 Non-compliance by a User with the T&Cs:
Users are urged to notify Maison de la Danse in the event of a breach of these T&Cs using the email address email@example.com. Any wrongful notification may give rise to proceedings and be punishable by criminal sanctions. Maison de la Danse reserves the right to suspend a User's access to the Service in the event of a breach of these T&Cs.
When Maison de la Danse receives a request for information arising from a User's complaint about a contentious item of Content from the Public Prosecutor, the police, the gendarmerie or any other judicial authority, Maison de la Danse shall address this request as soon as possible.
Article 5 – RESPONSIBILITIES OF MAISON DE LA DANSE
Maison de la Danse is not bound by any obligation to achieve a certain result as regards the performance of the Website and the availability of the Content. Maison de la Danse is bound only by a requirement to make certain efforts under these T&Cs. Consequently, unless a provision relating to public policy states otherwise, it may under no circumstances be held liable for any loss, damage or prejudice of any kind resulting from the management, use, exploitation, interruption or malfunction of the Website, the Service and/or an item of Content.
In any case, in general, Maison de la Danse may not be held liable for any damage sustained by a User where it has not been demonstrated that the behaviour of
Maison de la Danse is the reason behind this damage. Maison de la Danse cannot he held responsible for the content of third-party websites which are linked to using hypertext links appearing on the Website, or for the performance of the procedures for accessing these third-party websites.
Maison de la Danse does not approve and is not responsible for the content, ideas, opinions, products or services presented by these third-party websites. Maison de la Danse is in no way responsible for the Playlists created by Users, who have the option to “share” their selection by posting the link to these selected items of Content on their choice of social media:
Maison de la Danse accepts no responsibility for the comments made by Users as a result of this sharing.
In accordance with the French Act of 21 June 2014 on trust in the digital economy (LCEN), it is hereby stated that hosts are not responsible for activities or information stored at the request of a recipient of their services if they had no knowledge of their illegal nature or of events and circumstances which reveal this nature.
Article 6 – FORCE MAJEURE
Maison de la Danse cannot be held liable, or regarded as being in breach of these T&Cs, for any damage sustained by Users as a result of it being impossible to access the Website, their online Account and/or the Services, when the cause of such an impossibility is linked to a case of force majeure as defined by the case-law of courts in France. The following are regarded as cases of force majeure: the interruption, suspension, reduction or disruption to electricity or other utilities, or any interruptions in telecommunications networks.
Information shall usually be communicated in the “News” section of the Website. In any case, Maison de la Danse cannot be held liable should Users be unable to access the Website, their online Account and/or the Services.
In addition, Maison de la Danse reserves the option to modify the Content of the Website for its sole convenience, at any time and without prior notice.
Maison de la Danse reserves the option to make the Website and/or the Services temporarily unavailable for reasons of maintenance or updates, for example.
Article 7 – INTELLECTUAL PROPERTY
The Content and each element, including the trademarks, logos and domain names, appearing on the Website are protected by current French and international intellectual property laws. Maison de la Danse and the Contributors publishing Content online are the owners of the associated rights or have made it their personal responsibility to own them.
Any total or partial representation of the Website, a component element and/or all or part of an item of Content, using any procedure, is prohibited without the express prior written consent of Maison de la Danse and would constitute counterfeiting within the meaning of Articles L.335-2 and subsequent of the French Intellectual Property Code. Maison de la Danse reserves the right to take legal action in any case of counterfeiting.
The Website and its Content may only be viewed for the User's private, personal and non-commercial purposes. Exceptionally, Users may broadcast the Content of the Website in a public setting, provided they do not charge for access.
Article 8 – PROTECTION OF PERSONAL DATA
8.1 Opening an Account:
In accordance with the French Act of 6 January 1978 on computing, and liberties (data protection laws), Maison de la Danse (the data controller) shall carry out, and the User consents explicitly to, the automated processing of the User's personal data (first name, surname, email, username, password, password confirmation) collected via the Website.
This collection makes it possible for Users to create an account in order to enjoy the features reserved for Member Users. It is mandatory to enter this information. If Users refuse to enter the information, they will not be able to enjoy the features reserved for Member Users.
Maison de la Danse has submitted a prior declaration to the Commission Nationale de l'Informatique et des Libertés (CNIL, the French data protection authority) concerning this processing.
When Users are aged under sixteen (16), the holder(s) of parental responsibility give(s) their explicit consent to the processing of the minor User's personal data.
This information is intended solely for Maison de la Danse. The only people who may access it are those people acting on its authority and instructions, including subcontractors (notably hosts) in the course of their work. Any subcontractor who in this context becomes aware of this personal data shall be bound by a confidentiality agreement. They must in particular refrain from using all or part of this personal data on their own behalf or from communicating it to third parties.
None of the personal data collected via the Website is communicated or sold to third parties for commercial purposes.
Maison de la Danse reserves the right to disclose the personal data provided, either in the context of its compliance with a legal obligation, or pursuant to a judicial or administrative decision, or the decision of an independent administrative authority (such as the Commission Nationale de l'Informatique et des Libertés - CNIL, the French data protection authority).
Users have the right to access, correct, delete, limit and object to the use of their personal data saved when creating their Account.
Users also have the right to withdraw their consent to processing operations based solely on their consent.
In addition, Users have the right to inform the data controller of their instructions regarding the fate of their data after their death.
Lastly, Users have the option to request that their data be exported to a third party when they have consented to the collection of this data or when this data was collected for the performance of a contract.
Users have the option to file a complaint with the data protection authority.
This data is kept only for a period strictly limited to the purpose of the processing operation and for a maximum of five (5) years with effect from the User's last visit to his or her Account or the closure thereof.
The Cookies issued make it possible to:
Strictly necessary cookies:
- Adapt the presentation of the Website to the display preferences of the User's device (language used, display resolution, operating system used, etc.) when he or she visits;
- Ensure that Users log into the appropriate service on the Website when the way it functions is modified.
- Connect a User's actions only for the duration of the current session. The “session” begins when the website opens and ends when it closes. The cookie is then definitively deleted.
Strictly necessary cookies and session cookies are not used to collect information that can be used for marketing purposes, i.e. to send Users advertising about products or services, or to store their preferences or usernames after their current visit ends.
- Count the number of visitors to the Website and produce statistics and volumes regarding the visits to and use of the various component elements of the Website (sections and items of content visited, journeys), thereby making it possible to make services more interesting, ergonomic and functional.
- Track browsing journeys when Users share content via the Website to social media. These cookies are only saved if Users give their agreement;
- Recognise Users’ devices when they subsequently use another site or service on which these third parties also issue cookies and, if applicable, adapt these third-party sites and services to the browser settings of a device with which they may be familiar.
- Memorise Users’ choices and preferences;
- Memorise Users’ video searches to offer them relevant content relating to their previous searches;
- Enable Users to access restricted and personal areas of the Website, such as their Account, using usernames or data they may previously have supplied;
- Implement security measures, such as when Users are asked to login again to an item of content or a service after a period of time.
Users may at any time refuse to allow cookies to be saved. If they do so, they will no longer be able to use a number of features, notably those that require a login. If applicable, the Website cannot accept any responsibility for the consequences should its services perform poorly because it is impossible to save or consult the cookies needed for them to function, and which Users may have declined or deleted.
Article 9 – COOPERATION WITH THE PUBLIC AUTHORITIES
Maison de la Danse is legally obliged to cooperate with the authorities should they wish to carry out checks on the Content or the identity of Users, and complies with these obligations. Users hereby state that they have been informed that Maison de la Danse may be released from its professional secrecy obligations in the circumstances described by article 6 of the Act of 21 June 2014, and give their consent thereto. Maison de la Danse is not bound by a general obligation to monitor the information it stores, or to search for events or circumstances which reveal illegal activities. However, Maison de la Danse is required to inform the competent public authorities of manifestly illegal activities or information it comes across in the course of its operations. In accordance with article 6 of the Act of 21 June 2014, Maison de la Danse is required to hold and keep data enabling the identification of any person who contributed to the creation of content on its services.
Article 10 – MODIFICATIONS AND COURTS HAVING JURISDICTION
These T&Cs are governed by French law.
These T&Cs may be amended by Maison de la Danse at any time, especially in the event of technical, legal or jurisprudential changes and/or when new services are deployed. The applicable version of the T&Cs will be the one which is current for the duration of each visit to the Website.
Users should consult the T&Cs regularly to find out about any changes made and the current version at the time of browsing the Website. If Users no longer approve of the current version of the T&Cs, they agree no longer to browse the Website and its Content.
By using the Website, Users accept all of the stipulations of these T&Cs and all amendments that Maison de la Danse may make to them.
In the event of any disputes or complaints made by Users about the use of the Services, only the T&Cs accessible on the Website shall be binding upon the parties, whatever the date of the events in issue.