Last update: January 8th, 2019
Cinemur, a société anonyme (corporation) with a share capital of EUR 356,660.81, registered at the Paris Trade and Companies Registry under number 538 844 275, whose head office is located at 18, rue du Temple – 75004 Paris (France), represented by its CEO (hereinafter, “Cinemur”), is the editor of the “CineVR” application (hereinafter, the “Application”). The Application was designed and developed and is operated by Cinemur.
The TOU apply to all versions of the Application, as the case may be.
ARTICLE 2 – ACCEPTANCE OF THE TOU
The TOU must be validated at the time of first use of the Application. By ticking the box “I accept the TOU”, Users unreservedly agree to all the provisions of the TOU, by which they are fully bound thereafter.
Cinemur may, at any time, unilaterally amend the TOU, particularly to comply with changes in the law and case law and editorial and/or technical modifications. Any new version of the TOU will be notified to Users when they connect to the Application after the entry into force of such new version.
In the case Users do not agree to all or part of the TOU, no use of the Application can be made by them.
Cinemur reserves the right, without prior notice, to unilaterally refuse the use of the associated services by a User who does not comply with these TOU.
ARTICLE 3 - DEFINITIONS
The terms set out below will have the following meanings:
"Advertiser": means a legal entity benefitting from a dedicated corner to publish advertisements in the Application.
"Account": means a user’s personal account in which the viewing history can be found and where the user can interact with the services in the Application. It can be created in two ways: either by combining an email address with a password or by using a social network account and signing up on the Website and/or the Application via such account. Users may, at any time, withdraw their consent to the use of their social network data.
"Third-party Account": means another account relating to third-party services that allow Users to link their data in the various services.
"Friends": means any person identified as such on a User’s social network account. Users can consent to the data generated by their use of the Application being shared with their Friends.
"Personal Data": means any information concerning an individual who is or can be directly or indirectly identified by reference to a name, an identification number or one or more personal features, pursuant to the EU General Data Protection Regulation No 2016/679 on data protection and privacy dated April 27, 2016 (hereinafter, the “GDPR”) and French Law No 78-17 of 6 January 1978 entitled “Loi Informatique & Libertés” (the “Data Protection Act”), in the version currently in force.
"Partner": means any natural person or legal entity bound by contract to Cinemur.
"User(s)": means an individual or a legal entity who has an Account and who provides Personal Data to access the Services offered by the Application.
ARTICLE 4 – TERMS OF ACCESS
4.1 – Availability: In principle, the Application can be accessed on a 24/7 basis. However, access to the Application may be impossible in the case of a force majeure event, as defined by Article 1218 of the French Civil Code (Code Civil) and/or an event beyond Cinemur’s control and/or potential failures and maintenance operations to ensure the proper functioning of the Application, which Cinemur may implement without prior notice to Users. All connections to the Application via an Account will be deemed to have been made by and under the sole responsibility of the holder of the said Account.
4.2 – Costs and expenses: The Application is available free of charge to any User having Internet access. Access to the video programs available via the Application can be free of charge or imply the purchase of video sessions, the rental of content and/or specific subscriptions to Cinemur and/or third-party providers. Moreover, any equipment necessary to use or run the Application or for Internet access and communications is at the User’s cost. Users are solely responsible for the proper functioning of their computer equipment and their Internet access.
4.3 – Terms of subscription and creation of an Account: Access to some of the services offered by the Application requires a connection via an Account. The password chosen by the User is personal and confidential. Cinemur will take all necessary measures to ensure the security and confidentiality of the data transferred. Users undertake to provide information on their identity that is accurate, up-to-date and complete and that does not infringe any third-party rights. They specifically undertake not to use any false or assumed identity liable to mislead Cinemur or third parties. They are required to provide a valid email address. Failing this, Cinemur reserves the right to temporarily or definitively refuse their access to the Application. Users are responsible for updating their Personal Data.
Minors of 13 years of age and over are authorized to subscribe on the express condition that they previously obtain the consent of their parents or any other person having parental authority over them. Cinemur reserves the right to terminate any Account opened by a minor who is unable to provide proof of such authorization.
4.4 – Term and termination: Cinemur reserves the possibility, without notice or compensation, to automatically prevent the connection of the Application to an Account in the event of serious and/or repeated breach of the TOU by a User. Users expressly acknowledge that Cinemur may, without notice or compensation, terminate all or part of the services provided through the Application, without any justification.
ARTICLE 5 – SERVICES OFFERED BY THE APPLICATION
5.1 – The Application is a virtual reality movie theater enabling Users with headphones or a compatible device to watch video programs as if they were in a movie theater. The Application can be used to read not only video files stored locally by the User (in .avi, .mp4, .m4a, .mov or .mpeg format) but also content proposed by Cinemur or third-party content providers. In accordance with Article 3.2 above, the viewing can be free of charge or can imply paying for a video session or subscribing to Cinemur or third-party content providers.
5.2 - The Application enables Users to interact with each other. When they first use the Application, Users are invited to activate the microphone on the terminal they are using to launch the Application and be able to correspond with other Users if they wish. This functionality can be activated or subsequently deactivated in the Application’s settings.
5.3 - The Application also has a social aspect in that it can be linked with a social network account (e.g. Facebook). When Users log on to the Application for the first time via their social network account, the Application’s services invite them to configure the extent of the Application’s access to their social network account. In the settings of their Account in the Application, Users can choose if they want to share certain content on their social network page.
ARTICLE 6 - INTERACTING WITH OTHER USERS
6.1 – When viewing a virtual reality video using the Application, Users can interact with other Users watching the same video. It is therefore possible to talk and exchange with other Users.
6.2 – The interaction functionalities must be used in compliance with basic rules of good behavior. Users undertake to refrain from bullying other Users; posting offensive messages; inciting people to commit crimes, offences or terrorist attacks; encouraging discrimination, hatred or violence on racial, ethnical or religious grounds; inciting people to excuse Nazism or deny crimes against humanity; posting messages that are pornographic, pedophile or violent or that praise suicide or encourage people to commit suicide, smoke tobacco or drink alcohol, use or sell prohibited substances; attempting to collect information or personal data concerning other Users, whether manually or using automated processes; accessing an Account belonging to another User; integrating into the Application a virus or computer code liable to compromise the proper functioning of the Application; posting commercial messages; making statements that are liable to harm the image and reputation of Cinemur, the Application or the content providers; harming the image and reputation of a brand, product, organization, natural person or legal entity; using the Application for political, religious or sectarian purposes.
Any violation of this paragraph will result in the immediate and automatic termination of the TOU and the User’s ban from access to the Application, including with another pseudonym.
ARTICLE 7 – LIMITATION OF LICENSED RIGHTS
7.1 – Users only hold a personal and non-exclusive right to use the Application solely for viewing video content and programs lawfully acquired, strictly for private purposes and within their immediate family circle. The Application is licensed, not sold to the Users.
7.2 – Subject to the material provided by third parties, Cinemur holds exclusive intellectual property rights over all the components of the Application including the text, graphics, software, photographs, images, videos, sound, layouts, names, logos, brands, creations and other patentable works, databases, as well as over the Application’s structure and organization and, more generally, over all the material of which the Application is composed (the “Material”).
Considering that all the Material constitutes works, as defined by Article L 112-1 of the French Intellectual Property Code (Code de la propriété intellectuelle), it is hereby reiterated that any representation or reproduction of all or part thereof without the consent of the authors or their assigns is prohibited, subject to the stipulations below. Users cannot therefore modify, copy, transfer by email or by any other means, sell, download, display and in any way use the Material.
Users consequently undertake not to download the Material other than for personal purposes and on a temporary basis; not to print the downloaded Material on any paper media, except if such copies are strictly reserved to their personal use; not to reproduce the Material in its digital version, including for press reviews; not to damage, modify, move, withdraw or replace the Material.
More specifically, Users do not hold the right to copy or modify the Application, analyze its source code or use it for public or commercial purposes.
Any violation of the copyrights pertaining to the Material in the Application constitutes an infringement and is punishable in France, pursuant to Article L 335-2 of the Intellectual Property Code, by three years of imprisonment and a fine of 300,000 Euros.
ARTICLE 8 – LIABILITY DISCLAIMER
8.1 – Cinemur is the editor of the Application but does not edit or control any of the video content proposed by third-party providers that is available in the scope of the Application. Cinemur therefore disclaims all liability for such content. The Users are each responsible for checking any potential viewing restrictions based on the viewer’s age. Users take the decision to view a content at their own risk.
8.2 - Cinemur disclaims all liability for the statements and, in general, the behavior of other Users during a video session. Cinemur draws the Users’ attention to the fact that they can mute the other Users to avoid any disturbance while viewing a video.
8.3 - Cinemur is a company that is independent from (i) any company editing any store where the Application is downloadable (e.g., without limitation, Unity Technologies ApS, Google, Apple, Samsung, Microsoft) and (ii) any social network (e.g., without limitation, Facebook or Twitter). Cinemur disclaims all liability for the functioning or content of these stores or websites.
8.4 - Cinemur does not manufacture or market any virtual reality devices. Cinemur disclaims all liability for any failure of a device used in connection with the Application. In the event of a malfunction, Users must contact the vendor or manufacturer of the device concerned. Moreover, before using the Application, Users must check that they are in sufficiently good physical and/or mental condition to use a virtual reality device without any risk for their health. Cinemur disclaims all liability in this respect.
8.5 – Cinemur is only liable for direct damage to property resulting from a breach committed either by Cinemur or its employees. In any case, Cinemur’s liability is limited to an amount of fifty (50) Euros, regardless of the legal basis of the claim.
ARTICLE 9 – WARRANTY DISCLAIMER
9.1 – The Application is provided “as is”. To the extent provided for by law, Cinemur disclaims all warranties to Users pertaining to the proper functioning or performance of the Application.
9.2 - The Application requires an Internet connection to operate. In view of the way in which the Internet is designed, Cinemur disclaims all warranties in the event of any malfunction or temporary interruption of the services beyond its control, especially in the case of power or telecommunications outages, Internet failures or malfunctions affecting the transmission of messages or documents, and any deletion, storage incapacity, erroneous or unwanted transmission of content in the Application.
9.3 – Cinemur cannot provide any warranty concerning the reliability of the information provided through the Application, whether by Cinemur itself or by Advertisers or its Partners. It is carefully selected and is provided on a purely informational basis. Cinemur does not provide any warranty as to the results or performance stemming from the implementation of the said information and services proposed.
ARTICLE 10 - PARTNERSHIPS
10.1 – Cinemur establishes partnerships to enhance the content and services proposed in the Application. The offers posted by the Partners and Advertisers in the Application are proposed independently by the latter and under their sole responsibility. Consequently, Cinemur may in no event be held liable for any reason and on any grounds whatsoever in connection with the offers thus viewed and any resulting transactions, considering that the Partners and Advertisers alone are bound by contract to the Users of the Application.
10.2 – The content in the Partners’ and Advertisers’ corners is their own intellectual property. Any reproduction, reediting or redistribution thereof by any means whatsoever is totally prohibited by law without the written authorization of the Partners and Advertisers concerned.
10.3 - As the TOU do not apply to the content and offers proposed by the Partners and Advertisers, Users are advised to read any applicable terms and conditions of use and terms and conditions of sale on the Partners’ and Advertisers’ websites.
ARTICLE 11 – RELATED WEBSITES / HYPERTEXT LINKS
11.1 – The Application can contain hypertext links to third-party websites or external sources that do not belong to Cinemur; these are solely provided for information purposes. The links are not verified by Cinemur, who does not assume any liability or provide any warranty with regard to the availability of such websites and external sources.
11.2 – Users assume full responsibility if they decide to activate these links. Cinemur does not have any control over the said websites and disclaims all liability concerning their access, content or use and any damage that may result from viewing the information displayed on such websites.
11.3 – However, if there is a link in the Application’s pages to an external page on which illegal content is posted by a third party, Cinemur will delete the link concerned after it has been duly informed of such content.
ARTICLE 12 – USERS’ LIABILITY
12.1 – Users are personally responsible for their use of the Application. Users are therefore solely liable for any material or non-material damage and harm, whether direct or indirect, should the cause, reasons or origin thereof be the use of the Application by the Users themselves or by any person authorized by them to use the Application, regardless of whether such use takes place in fraudulent circumstances. Users expressly waive all claims or legal action concerning such damage and harm.
12.2 –Users declare that they agree on the characteristics and limits of the Internet and acknowledge specifically: that they are aware of the nature of the Internet, including its technical performance and response times for reading, displaying, searching or transferring the Application’s content; that their access codes and, precisely, their login and password or, in general, any information deemed as confidential, are provided under their own responsibility; that they are responsible for taking all the necessary measures to ensure that the technical characteristics of their terminal enable them to use the Application; that they are responsible for taking all the appropriate measures to protect their own data and/or software from contamination by viruses that may be circulating in the Application.
12.3 – In the event that Cinemur is held liable for any breach by a User of his/her obligations under the law or the TOU, such User undertakes to hold Cinemur harmless from any court sentence issued against it; such guarantee covers both the damages that may be due and any related expenses.
ARTICLE 13 – PERSONAL DATA PROTECTION
13.1 – The use of the Application implies the collection and processing of Personal Data by Cinemur.
ARTICLE 14 – APPLICABLE LAW AND JURISDICTION
14.1 – The TOU are governed by French law. They are drawn up in French. In the case they are translated into any other language, the French version will solely prevail in the event of a dispute.
14.2 – Subject to any mandatory legal provisions to the contrary, all disputes concerning the TOU will be submitted to the exclusive jurisdiction of the COURTS OF PARIS (France), including in the case of multiple defendants, third-party appeals and emergency proceedings (emergency appeal, action at short notice, motion).