General terms of use

GENERAL TERMS OF USE

WARNING: This site aims to promote a legal use of videos in the respect of the rights of all authors. The unauthorized reproduction of protected content (music, photos, etc.) regardless of the medium and format is a civil and criminal offence. Exceptions to this principle are exhaustively and restrictively defined by French law. We invite you to read them and to systematically check the extent of the rights granted.

PREAMBLE

The present General Terms of Use (hereafter "GTU") define the conditions under which a User can access and create an account to the BENSHI Service in order to have access to its various features.

BENSHI’s Service is edited and proposed by the company Saint Maur Entreprise SME (hereafter the "Company"), as specified in the legal notices.

Based on the SaaS (software as a service) model, the Service allows access to different functionalities:

Some are free and accessible without creating an account;
Some are free of charge, subject to the creation of a Member account;

The User acknowledges that access to the Service requires consultation and acceptance of the present GTU, as well as compliance with all the requirements defined in these GTU as specified below.

1. DEFINITIONS

Words beginning with a capital letter, used in the plural as well as in the singular, have either the definition given in the text or the following definition:

"Protected Content": Refers to films, audiovisual content, other programs, trailers, additional content, general structure of the Website, as well as software, databases, texts, images and works, animated or not, photographs, sounds, videos, literary texts, artistic works, graphic charters, logos, know-how and all other elements composing the Website, including the distinctive signs of the Company and its partners such as domain names, trademarks, names which under the applicable legislation on intellectual property are the exclusive property of the Company or third parties who have granted it the rights.
"Member": Refers to a User who has registered for the Service by creating an account.
"Party": Refers to a User, Member or the Company.
"Service": Refers to the service entitled "Benshi", accessible on the Website, consisting of an editorialized offer of films intended for a young public with recommendations by age, as well as, in case of creation of an account, functionalities allowing the creation of profile(s) and the rating of the films.
"Website": Refers to the website respectively accessible at the following address in the following countries:
- In the United Kingdom: https://benshi-cine.uk
"User": Refers to any Internet user accessing the Service without being a Member.

2. PURPOSE

The purpose of these GTUs is to:

Define the terms and conditions of access to the Service and/or account creation;
Determine the rights and obligations of the Parties.

3. ACCEPTANCE AND OPPOSABILITY OF GTU

Users may use the Services subject to compliance with these GTUs.

User represents that he/she obtained from the Company all the necessary information regarding the Service and agrees unreservedly to these GTUs.

GTUs are enforceable against the User from the first use of the Service.

When User no longer uses the Service, he or she remains liable for any previous use.

User may save and print these GTUs by using the standard features of his browser.

4. ACCESS TO THE SERVICE

Access to certain features of the Service requires the prior creation of an account.

a. Prerequisite

The User or Member acknowledges having full legal capacity and the necessary means to use the Service.

The User or Member is invited to check the compatibility of his hardware and computer configuration with the Service. He must ensure that he has at least one of the latest major versions of these browsers: MS Edge, Firefox, Chrome, Safari, Opera.

The User or Member is solely liable for the use and security of the terminals and information systems used, and is solely liable for electronic communication costs (in particular for Internet access).

b. Account and Subscription

Create an account

The creation of the Member's account is performed through the Service.

It includes the following steps:

The User fills in, in the account creation form, his personal data, his e-mail address and chooses a password of the required composition.
The User reads the GTUs and accepts them by ticking the checkbox provided for this purpose and clicking on the acceptance button. If the User does not accept the GTU, the registration procedure will be interrupted.

Miscellaneous provisions concerning Members

The Member undertakes to check that the information concerning him/her is accurate, complete and to update it regularly. The Member may modify his or her personal information at any time by accessing his or her user account. In this respect, the Member undertakes in particular not to usurp his or her identity and not to make false declarations, in particular by using the username, password or any other information linked to the account of another Member.

GTU may be modified or amended at any time by the Company, in particular in the event of changes to the Service, and Members are required to consult them regularly.

In the event of modification of the GTU, the new GTU will be sent by email to the Member, who will then have the right to delete his account. Failing this, the new GTU shall be deemed to have been accepted at the end of a period of thirty (30) days from the date of notification.

For each access to the Services, the Member shall provide his or her email address and password.

The password chosen by the Member is composed of at least six characters.

The Member is solely liable for maintaining the confidentiality of his or her login and password. He or she undertakes to take all useful measures to keep these means of authentication in conditions that guarantee their security and confidentiality.

Any use of the Service with the Member's login and authentication means is deemed to be made on behalf of said Member. The Member shall be personally liable for any activity or action on his or her account. If the Member notices any unauthorized access that is not of its own doing, it shall immediately inform the Company.

In the event of loss, forgetfulness or disclosure, whether willful or otherwise, of the Member's password to third parties, the Member undertakes to change his or her password without delay.

The Company may not be held liable by the Member in the event of fraudulent or abusive use or due to willful or involuntary disclosure to anyone of his or her login and/or means of authentication.

c. Availability

Access to the Service is exclusively granted to Users or Members who have access to the Internet and who meet the requirements of these GTUs.

All costs related to access, whether hardware, software or internet access costs are exclusively the responsibility of the User or Member. The User or Member is responsible for the correct functioning of his equipment and his access to the Internet.

The Service is available 24/24 hours and 7/7 days a week, subject to periods of interruption, in particular for maintenance purposes and in the cases provided for in the article "Obligations and liability" herein.

Indeed, the Company retains the right to interrupt for maintenance reasons, in particular to carry out an update, maintenance operations, modifications or changes to operational methods, servers and hours of accessibility, without this list being exhaustive. The Company will make its best efforts to perform these operations during the periods that are least prejudicial to access to the Service by the User or Member.

The GTU do not provide any warranty as to the performance, availability and accessibility of the Service.

The Company reserves the right to supplement or modify the Service at any time and without notice.

5. SERVICE DESCRIPTION

The Service is only accessible through the Website.

The Service is described in these GTUs without prejudice to any details appearing on the Website.

The Service consists in offering to any User who is not a company, association, or other legal and/or professional entity, an editorialized offer of films intended for a young audience with recommendations by age.

a. SERVICE IN CASE OF AN ACCOUNT

A Member of the Service has access to the Website on which he or she can browse, consult film files, add to his or her personal list, and create a profile.

b. CREATION OF PROFILES

Members can create "child profiles" by entering an ID that is not the child's first name and a date of birth. The creation of a profile enables, among other things, the tracking of films seen and the obtention of badges.

6. TERMINATION BY BENSHI

The Company has the right to terminate and/or suspend the Service by operation of law in the event that:

Potential or proven infringement of intellectual property rights within the meaning of the Intellectual Property Code;
And more generally, in the event of breach by the Member of any of its obligations under these GTUs.

7. PERSONAL DATA

In accordance with the French Data Protection Law of January 6, 1978 as amended and with European Regulation n°2016/679/EU of April 27, 2016, Users are informed that in the context of their use of the Website and/or their membership and use of the Service, their personal data and those of its staff may be collected, stored, used, transferred and more widely processed by the Company, in order to allow the proper performance of the Service and the use of the Website.

For more information, Users may consult the Company's Privacy Policy available on the Website.

8. OBLIGATIONS AND LIABILITY OF THE USER

a. GENERAL OBLIGATIONS

The information provided by the User or Member must be fair, accurate, and complete. The Company reserves the right not to authorize or maintain access to all or part of the Service in the event of non-compliance with these requirements.

b. LIABILITY OF THE USER OR MEMBER

By using the Service, the User or Member agrees to use it responsibly in accordance with all the provisions of these GTUs and in compliance with the laws in force.

In particular, the User or Member agrees to:

i) Use the Service in accordance with the terms and conditions authorized by these GTUs;
ii) Not to use the Service for illegal purposes;
iii) Not to use the information, services, and content provided on the Service for commercial purposes;
iv) Not to propagate malicious software, Trojan horses, or viruses;
v) Not to impersonate a Member or use an account that does not belong to him/her.

The Member is informed that any illegal content within the meaning of the law n°2004-575 of June 21, 2004 may be deleted by the Company, which may also suspend, delete, or terminate the account.

9. OBLIGATION AND LIABILITY OF THE COMPANY

The Service is in principle accessible except in the case of maintenance, and in the event of force majeure, voluntary or involuntary interruption of the Internet network, whatever the cause.

The Company makes every effort to provide Users with available and verified information or tools, but cannot be held responsible for:

The performance of the Service, as display quality of the Service may vary from one device to another and may be altered by other factors including location, available bandwidth and/or Internet connection speed, the content chosen, and the configuration of the device compatible with the Service.
Disruption in the use of the Service;
Inability to use the Service;
Breaches of computer security, which may cause damage to Users' and Members' computer equipment and data;
Infringement of the rights of Users and Members in general.

The Company reserves the right to revise, delete, validate, change, or modify the Service, in whole or in part, at any time and without notice.

10. INTELLECTUAL PROPERTY

The Protected Content is the exclusive property of the Company or of third parties who have granted their rights to the Company.

These GTUs do not entail any assignment, license, or rights of any kind on the Protected Content for the benefit of the User or Member.

In particular, each User and Member is prohibited, in whole or in part, from modifying, copying, reproducing, downloading, broadcasting, transmitting, creating derivative works, decompiling, disassembling or reducing to a readable form all or part of the Protected Content, commercially exploiting, and/or distributing in any way whatsoever the Services, the Protected Content. Any reproduction and/or representation, in whole or in part, of the Protected Content, without the Company's express prior written authorization, is prohibited and would constitute an infringement likely to engage the civil and criminal liability of the counterfeiter.

Consequently, each User and Member shall refrain from any action and any act likely to directly or indirectly harm the Company's Protected Content and that of third parties having granted him/her rights, including bypassing or disabling all or part of the protection systems.

Only use in accordance with the GTU and the Services is authorized. All other uses, not expressly authorized in writing and in advance by the Company, are prohibited and constitute an infringement.

11. HYPERTEXT LINKS

The Solution may contain hypertext links giving access to third-party websites.

The User is expressly informed that the sites to which they can access via hypertext links do not belong to the Company.

The Company declines all liability for the content of the information provided on these sites as part of the activation of the hypertext link and for the privacy policy of these sites. The User may not invoke the Company's liability in the event of loss or damage of any kind whatsoever resulting from the activation of these hyperlinks.

12. FORCE MAJEURE

Neither Party shall be liable for any delay or failure to comply with any of its obligations under the GTU due to a cause or situation of force majeure as defined in Article 1218 of the French Civil Code, including war, riot, fire, internal or external strikes, lockout, occupation of the Company's premises, bad weather, earthquake, flood, water damage, legal or governmental restrictions, legal or regulatory changes in forms of marketing, accidents of any kind, epidemics, pandemics, illnesses affecting more than 10% of the Company's staff in a period of two consecutive months, lack of energy supply, partial or total stoppage of the Internet network and, more generally, of private or public telecommunications networks, road blockages, and the impossibility of supplying supplies and any other case beyond the express control of the Parties preventing the normal performance of this agreement. In the event of the occurrence of a case of force majeure affecting their respective commitments, the Parties will suspend the performance of the present agreement. If the performance of the GTU is suspended for a period exceeding two months, the present agreement will be automatically terminated, unless otherwise agreed by the Parties.

13. MEDIATION

In the event of a dispute between a User and the Company, the User has the possibility to refer to a conventional mediation procedure or any other alternative dispute resolution method as defined by the applicable law. After having submitted the dispute in writing to the Company, and failing a satisfactory response within 60 days, the User may submit the dispute to a mediator of its choice under the terms and conditions set forth on the mediator's website.

The User may also submit the dispute with the Company on the European Commission's platform for online dispute resolution accessible at http://ec.europa.eu/odr.

14. APPLICABLE LAW

These GTUs are governed by French law. This is so for the rules of substance and the rules of form, notwithstanding the places of performance of substantial or accessory obligations.