Article 1 – General
The “moskitotv” video on demand (VOD) service, accessible via the website www.videos.moskitotv.com (hereinafter referred to as “the Site”), is published by PLC Productions
The publication director of the Site is Mr. Patrick Veisselier, acting as President of the Company PLC Productions.
The Site is hosted on the servers of OKAST, a company incorporated under German law with its registered office at Karolingerring 31, 50678 COLOGNE.
PLC productions provides this service in its name and on behalf of independent producers (hereinafter referred to as “The producer”), at the end of a regularized broadcasting contract with the latter.
Article 2 – Definitions
In these general conditions of use of the VOD service (hereinafter referred to as “the General Conditions” or “the Contract”), the terms below will have the following meaning:
“The Service” means the “intermission” video-on-demand (VOD) service offering offered by PLC productions, accessible through the website www.videos.moskitotv.com.
“User” means any natural person having access to the Service for strictly private use in European territory.
“The Programs” means all the theatrical works constituting the VOD offer of the Service and whose streaming viewing is offered to Users.
“Streaming” designates a mode of instantaneous broadcasting of digital audio / video streams, downloaded by the User on the server in the form of a buffer memory allowing to start the playback of the before mentioned stream in real time and continuously, as it is broadcast.
Article 3 – Purpose
The purpose of these General Conditions is to define the conditions under which Users can access the “intermission” Service offered by Plc Productions.
Access to the “moskitotv” Service implies for the User the prior, express and unreserved acceptance of all the General Conditions contained in this document.
By clicking “Validate my order” when validating the rental of a Program in VOD, means both that the user has taken full knowledge and accepts the General Conditions.
The computerized registers, kept in the computer systems of PLC productions under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties. The archiving of orders and invoices will be carried out on a reliable and durable medium that can be legally produced as proof.
The User has the option of saving or editing these General Conditions, it being specified that both the saving and the editing of this document are his sole responsibility.
Article 4 – Applicability and updating of the General Conditions
Plc Productions is free to modify its General Conditions at any time, the version applicable to the User being the one communicated to him on the date and time of registration of his order via the Site.
Therefore, the User is advised to regularly consult the General Conditions in order to be aware of the changes made to them and the version in force at the time of his order.
Article 5 – Description of the Service
The VOD Service offered by PLc Productions allows the User to view in Streaming, via his computer or other terminals, on the Site and through the media player provided on the latter, the Programs offered by Plc Productions in the extension of Stand-up comedy programming.
These Programs are classified on the Site according to different categories and themes and are accessible at the User’s choice, at the current price displayed at the time of the order.
Once the Program has been selected and paid for, the User can view it for a period of one week from payment, without limiting the number of views during this period.
The User has 48 hours to launch the first viewing of the Program. He is informed of this when validating the rental of the show. Failure to do so within this period will prevent the Program from being viewed, without the User being able to claim any compensation and / or reimbursement whatsoever.
In the event that the user encounters a viewing problem, a free equivalent will be offered.
Article 6 – Conditions of access to the Service
6.1 – Access conditions relating to the person
Access to the Service offered by PLC productions is exclusively reserved for Users residing in European territory, aged at least 16 (sixteen) years old, having legal capacity and acting as consumers. In order to be considered a “consumer”, the User must order access to the Service for purposes that do not fall within the scope of his commercial, industrial, craft or liberal activity.
In order to comply with the agreements between Plc productions and the beneficiaries of shows offered on VOD, the Service will perform an automatic verification of the territory from which the User places the order.
If the territory from which the User attempts to order the Program is not one of the territories authorized for the broadcasting of this Program, then the User will be informed that it is impossible for him to view it.
6.2 – Technical conditions of access to the Service
To access the Service, the User must have a computer, a high-speed internet connection and go to the Site using their usual browser, via the hypertext link made available to them on the Operator’s website. , referring to the URL www.videos.moskitotv.com.
In order to access the Service, the User must first check, under his sole responsibility, that his computer equipment meets the minimum technical configuration mentioned below.
Windows: x86- or x64-Processor with 1.6 GHz or more (64-Bit is compatible with Internet Explorer only), 512 MB RAM Mac: Intel Core Duo-Processor with 1.83 GHz or more, 512 MB RAM
The minimum connection required for streaming programs on the VOD platform are: 0.5 Mbit / s – Minimum bandwidth required 1.5 Mbit / s – Minimum recommended bandwidth 3.0 Mbit / s – Recommended for standard definition 5.0 Mbit / s – Recommended for HD quality An ADSL-2000 Internet connection offers a bandwidth of 1.5 Mbit / s, sufficient for streaming without using the simultaneous connection with other activities such as emails, facebook…
In case of doubt, the user can turn to the contact service at the address indicated in article 16 of these General Conditions for more information.
Article 7 – Order process
7.1 – Opening an account
Prior to his first order for a VOD Program on the Site, the User must create an account by simply providing an email address and creating a password. The User is responsible for the information entered when creating his account. The User must on this occasion determine his password.
For all subsequent orders, the User will access the VOD Programs order area by clicking on the “My Account” section and then specifying his username, which corresponds to his e-mail address, and his password.
The User will only be able to place an order after validation of his account by Plc Productions, this validation being notified to him by email to the address he will have provided in the account opening request form. In this regard, the User undertakes, as part of his registration, not to infringe the rights of third parties, in particular by means of identity theft.
All the elements allowing the User to have access to the Service are personal and confidential.
The User is fully responsible for keeping the confidentiality of his access codes to access the Service, which he undertakes to keep secret and not to disclose in any form whatsoever.
Consequently, the User acknowledges that any connection or transmission of data made with his access codes will be deemed to have been made by the User.
Any use of the User’s access codes is made under his full responsibility.
In the event that the use of the User’s access codes has been misused or not authorized, the User must provide Plc productions with proof that such fraudulent use is not attributable to a lack of prudence , diligence and / or negligence on its part.
Article 8 – Obligations of the User
The User agrees to make responsible use of the service in accordance with all the provisions of these General Conditions and in compliance with the legislation in force.
The User agrees to use the Service only for personal purposes and refrains from using the information, services and content provided by the Service for promotional, commercial and professional purposes.
The User is prohibited from using another’s account and from impersonating a user.
The User is prohibited from hijacking the Service for illegal purposes, or from spreading malware, Trojans or viruses on the Site.
Article 10 – Price and terms of payment
The price of each Program in VOD, expressed in euros all taxes included, can be viewed on the Site.
Plc productions reserves the right to modify its prices at any time without notifying the User beforehand. Consequently, the Service will be invoiced on the basis of the price in effect on the date of the order.
Article 11 – Personal data
11.1 – Security and confidentiality
Plc productions has implemented security measures to protect the User’s personal data against unauthorized access by third parties or any misappropriation of its network and databases. However, Plc productions cannot guarantee that personal data will not be intercepted while in transit via the Internet.
11.2 – Purpose of the use of personal data
Plc productions is required to collect from the User the information and personal data (name, email address, cinema, etc.) necessary to enable him to process and execute his order and establish his invoice. Plc productions can use this data for internal statistical purposes in order to improve the quality of the Service provided to the User, but it makes sure to keep the data only for the time necessary for the production of these statistics, in accordance with its legal obligations.
The collection and processing of the aforementioned nominative or personal data have previously been the subject of a simplified declaration by Plc productions to the National Commission for Computing and Liberties (CNIL), in accordance with Simplified Standard n ° 48 resulting from the CNIL Deliberation n ° 2012-209 of June 21, 2012, creating a simplified standard concerning the automated processing of personal data relating to the management of customer and prospect files.
11.3 – Right of access, rectification and deletion of personal data
In accordance with Law n ° 78-16 of January 6, 1978 relating to computers, files and freedoms, the User has a right of access, information, rectification, erasure and opposition to this personal data. The User must communicate his request in writing to the address referred to in Article 16 of these General Conditions, attaching a photocopy of an identity document with signature as well as an address to which the response must be returned. Plc productions will respond to the User’s request within two months of receiving the mail.
The User’s rights over this data concerning him expire upon his death. However, measures to conserve this data after his death may be taken with regard to digital trusted third parties certified by the National Commission for Informatics and Liberties according to article 40-1 of the Data Protection Act and Freedoms.
The cookie is an information record placed by Plc productions on the User’s computer.
The company Plc productions uses on the L’ Entracte website, among other technologies, cookies that facilitate the use of the Service and allow us to study the use made of it and, more generally, to improve the services provided. On the occasion of the use of the Service by the User on his reception terminals, the servers automatically record information such as the URL, the IP address, the type and the language of the browser as well as the date and time. time of each connection. These cookies are temporarily stored on the User’s reception terminal and have a limited lifespan. The User may at any time delete the cookies installed there from his browser to oppose the setting of these cookies by following the procedure indicated on their browser. It is however specified that the use of the Service could in this case be altered, or even impossible.
Article 12 – Intellectual property
The protected works reproduced on the Website and not belonging to Plc productions have been the subject of an express and prior authorization for representation and reproduction from the rights holder.
The Programs offered by the Service are theatrical works protected by national and international provisions on copyright and neighboring rights.
Only the use of the Programs for private purposes and strictly limited to the family circle is authorized.
Under penalty of civil and criminal penalties, any use outside the framework of the exceptions to copyright provided for in Article L 122-5 of the Literary and Artistic Property Code is prohibited.
The User therefore refrains from representing, reproducing, distributing all or part of the Programs to an audience.
The User is also prohibited from reselling, renting, exchanging or transferring the use of the Service to a third party.
The User is prohibited from undermining the measures to protect audiovisual works offered by the Service and the software necessary for the use of the Service by altering, diverting or obtaining any means likely to end their protection.
The User is also prohibited from encouraging third parties to carry out such acts.
The User who does not comply with these provisions will be guilty of infringement according to Article L 335-3 of the Literary and Artistic Property Code.
The same applies for any representation, distribution, modification, reproduction, extraction of one or more elements constituting the Site or the application of the Service, namely in particular the graphic charter, the logo (s) or any other drawing, the trade name of the company L’ENTRACTE and that of the Operator, their corporate name, any brands represented on the site or the application. All of these elements remain the exclusive property of their respective owners and must under no circumstances be modified, reproduced, displayed, presented, distributed or used for purposes of public or commercial interest. Thus, the reproduction of a page of the site in a frame not belonging to Plc productions or the insertion of a page belonging to Plc productions in the page of a site not belonging to Plc productions is prohibited.
The hypertext links set up in the direction of other sites are provided for the personal convenience of Internet users, Plc productions has no control over these sites and accepts no responsibility for them, the pages remaining the sole responsibility of their holders.
Article 13 – Liability
Plc productions uses all the means at its disposal to provide the Services covered by this contract but cannot guarantee that access to them is permanently available, given the risks associated with the use of Internet and telecommunications facilities.
Plc productions reserves the right to temporarily interrupt the Service in the event of technical problems damaging the quality and proper functioning of this Service in order to put an end to these problems and without Plc productions being required to repair any damage suffered by the user.
The User will be kept informed of the unavailability of the Service on the Site.
Plc productions cannot be held responsible for malfunctions or interruptions of the Service in the event of force majeure, that is to say in the event of events external to Plc productions, which it could not have foreseen and overcome.
Plc productions cannot be held responsible for interruptions and alterations, in particular in the quality and speed of the Service related to Internet connection incidents, whatever their nature and duration.
Likewise, Plc productions cannot be held responsible for slight or severe damage that would impact the User’s IT equipment. In the event of a breakdown or other incident causing the destruction of the Programs attached to the User’s computer, Plc productions will not be under any obligation to replace said Programs.
Article 14 – Absence of the right of withdrawal
In accordance with the provisions of article L221-28-13 °) of the Consumer Code, “The right of withdrawal cannot be exercised for contracts for the supply of digital content not supplied on a physical medium whose execution has started after the express prior consent of the consumer and express waiver of his right of withdrawal ”. Due to the start of the execution of the digital content at the time of the order, that is to say the downloading of the Program on VOD, the User acknowledges the material impossibility of returning the digital content and therefore agrees to waive to his right of withdrawal, in application of the provisions of article L221-28-13 °) of the aforementioned Consumer Code.
Article 16 – Contact customer service
For any information, Plc productions customer service is available at the following email address: firstname.lastname@example.org
Article 17 – Closure of accounts
Plc productions reserves the right to close the user’s account in the event of any breach of any kind whatsoever in any of the obligations of these General Conditions.
The User may unsubscribe from the Service at any time by following the procedure provided for this purpose, provided that none of his orders have remained unpaid.
Article 18 – Settlement of disputes
This contract is subject to French law.
Plc productions and the Users will endeavor to settle amicably any dispute arising between them on the occasion of these General Conditions.
In accordance with Articles L612-1 et seq. Of the Consumer Code, it is recalled in this regard that the User has the possibility of resorting to the Mediation procedure, by contacting the Mediator of the Professional Federation of e-commerce and distance selling (FEVAD) at the following coordinates: FEVAD – e-commerce mediation service (60 rue la Boétie – 75008 PARIS – email@example.com)