GENERAL CONDITIONS OF USE AND SALE

This document describes the services offered by PORTAVISTA, a simplified joint-stock company, registered with the RCS of Béziers under the number 830 633 202 and whose head office is at 1 Halage way of the Port Neuf - 34500 Béziers, hereinafter designated by "Portavista Via the portavista.fr website, and constitutes the contract that binds Portavista to the user of its video-on-demand offers, accessible by subscription, and defines the general conditions of sale and use (hereinafter referred to as "conditions"). general ") of those services.

These general conditions apply to the exclusion of all other conditions. The User declares having read the following provisions before requesting the consultation of the audiovisual programs offered by the service. By choosing to view one of the proposed audiovisual programs, the user expressly and definitively accepts the terms set out below.

1. Definitions

"Subscription" means the means of access to the services of Portavista by the individual user or a media library, via the Internet and through any type of equipment (computer, tablet, telephone, etc.) that allows the access to these services through a personal identifier and an access code, for a monthly or annual lump sum payment.

"Programs" means all audiovisual content accessible to users on the portavista.fr website once a subscription has been subscribed.

"The service" refers to the streaming and / or temporary downloading services of audiovisual programs (also called "video on demand" service) offered on portavista.fr and accessible to the user by subscription after registration on the site or by the subscription of his media library.

"Site" or "Platform" means the website operated by Portavista to provide access to its services and programs.

"User" means the natural person who has subscribed to the services of Portavista by the subscription formulas proposed by him.

2. Object

These Terms and Conditions of Use and Sale are intended to define the terms and conditions of use of the services of Portavista. Anyone who accesses the services offered undertakes to respect, without reservation, these Terms and Conditions.

Portavista is free to modify, at any time, the present general conditions, in particular to take into account any legal, jurisprudential, editorial and / or technical evolution. The prevailing version is the one that is available online at the time of the Initial Registration or Renewal of the Registration.

Minors are required to obtain the permission of their parents or legal representatives before accepting these Terms and Conditions. The persons exercising parental authority guarantee the respect of the general conditions by the minor user.

3. Scope

The use of services offered by Portavista is open to natural persons residing in France.

Portavista may make changes to the services related in particular to the necessities of technical evolution. In addition, Portavista reserves the right to permanently stop a service or all of its services on the site, especially for technical reasons, with a 30-day notice to inform subscribers. The User may then if he wishes to unsubscribe or terminate his subscription, in accordance with the terms of Article 7 of these terms and conditions.

The User acknowledges and agrees that due to unpredictable technical developments, the Company can not commit to the availability of the Services on all media, including mobile, and their evolutions not known to date.

4. Access to the service

Access to the service is done directly from the portavista.fr website. To consult the programs, the user must first subscribe to the site or use its media library ID when the latter subscribes to the services of Portavista.

Access to the services, and in particular the consultation of the programs in streaming or download, requires a computer with one or software (browser) able to read the programs online. The user is solely responsible for the compliance of his equipment and software.

Access to services also requires an internet connection, the cost of this connection remaining entirely the responsibility of the user.

5. Registration and subscription

Some contents on portavista.fr are accessible without subscription. They are selected by Portavista and may vary. Users wishing to access additional information or programs must subscribe.

5.1 Subscription formulas

- Individual subscription: When registering on the site, the user must choose an identifier (his e-mail address) and a password to be confirmed. These elements are confidential.

- subscription by a media library: When a media library has subscribed to the services of Portavista, subscribers of this media library can become a user of Portavista services with the login and access code that their media library has given them.

The user will be solely responsible for the consequences of the use of his account, this until the deactivation of it unless the user demonstrates that the use of his identifiers and / or his account results from fraud attributable to a third party. At the time of registration, each user agrees to provide accurate personal information and to inform Portavista of any changes affecting them.

The user declares to be a natural person, who is of legal age in his country of residence, or who has obtained the authorization of his legal representative, to access the services.

5.2 Duration of the subscription

Portavista offers two subscription periods:

- The monthly subscription can be subscribed for individual subscription plans for an indefinite period, with a minimum commitment period of one month.

- The annual subscription is underwritten for an indefinite period, with a minimum commitment period of one year.

At the end of the minimum commitment period, whether for a month or a year, the subscription will be tacitly renewed for the same duration as the one subscribed initially, unless the contract is terminated under the conditions described in Article 7.

In case of tacit renewal, the rate then in effect for the subscription concerned will be applicable.

In accordance with the Consumer Code, if the user subscribes to an annual subscription, Portavista will send him an email no later than one (1) month before the end of the subscription, notifying him of his option not to renew. the Contract, the cancellation being possible until the date indicated in the notification email. If the user does not cancel his subscription within the time indicated, it will be renewed for a new period of one year.

5.3 Trial Offers

Portavista may offer free trial service offers of varying length. These trial offers will be subject to these terms and conditions and will be limited to one registration (same email address).

Unless stated otherwise on the site and unless terminated by the user under the conditions of Article 7, any trial offer is converted into a monthly subscription to the rate applicable to monthly subscriptions to the service.

5.4 Availability of the service

The programs proposed in the subscription offer are those which belong to the offer of the audiovisual programs appearing on the site subject to the geographical limitations provided for in article 3 of the general conditions. The programs are available for viewing throughout the duration of the subscription without limiting the number of views subject to the availability of rights negotiated by Portavista with the beneficiaries of the programs concerned.

6. Prices and payment terms

6.1. Price and method of distribution

The price of the subscription is the rate indicated on the Portavista website on the day of the subscription subscription. No rate increase can occur during the minimum commitment period. At the end of this period, in case of increase of tariff, the user will be informed at least 1 (one) month before the entry into force of this one. In case of refusal of the increase by the user, the latter may terminate his subscription, in accordance with the terms of article 7 of these terms and conditions.

The quoted price takes into account the VAT, the TSA and / or other legal taxes possibly applicable on the day of the subscription subscription. Any change in the applicable rate of these taxes, if any, will be directly passed on to the prices.

6.2 Methods of payment

The payment of orders is made online on the site and the application by the following means of payment Carte bleue, Visa, Mastercard, E-credit card or direct debit.

Payment is made in euros.

Failing receipt of the prize in its entirety, the user may not have access to all audiovisual programs included in his subscription.

7. Termination

At the end of the minimum period of engagement, the user can cancel at any time his subscription via the site or by registered letter with acknowledgment of receipt addressed to the Portavista, 1 Hauling Port Neuf, 34500 Béziers. recommended

The termination takes effect at the end of the commitment period in progress at the time of receipt of the request for termination. Thus, as part of an annual subscription, in the event of termination, the subscription will not be renewed for the following year, but no refund can be granted for the current year.

In addition, Portavista reserves the right to disable or suspend, without compensation, the account of the user and deny him any access to the Service in the following cases:

• non-compliance by the User with the general conditions,
• non-payment by the User of the sums due,
• contrary to the interests of the site. It will inform the user in advance and within a reasonable time by e-mail indicating the reasons for suspension or deactivation.

If the impediment to perform the contract due to a case of force majeure is final, the contract will then be terminated automatically and the parties released from their obligations.

8. Protection of personal data

8.1 Exploitation of the files

The Subscription is subject to the completion of an automated processing of personal data whose manager is Portavista.

This data processing has been declared to the Commission Nationale Informatique et Libertés under the receipt number:

The personal data collected by Portavista are intended for the management of the user's subscriptions, access to his account and services.

Portavista may, after having obtained the consent of the user, send him by e-mail commercial information allowing him to make better known the services offered by the site.

Portavista treats information about users with the utmost confidentiality in accordance with the law of 6 January 1978 relating to computers, files and freedoms as amended by the law of 6 August 2004.

The personal data of the user as well as the information relating to his orders on the Site are the subject of an electronic archiving by Portavista during all the duration of subscription of the user to the site and for the purposes of preserving the necessary elements in the event of his contractual and / or delictual liability being put in play. The user can have free access to information concerning him by making the request to Portavista.

8.2 Rights of access, rectification and opposition of the user

In accordance with the Data Protection Act of January 6, 1978 amended, the user has, at any time, a right of access to information about him, a right to have them rectified or complete if they are misinformed or incomplete right to oppose their dissemination to third parties, a right to oppose, without charge, that they be used for commercial purposes and, more generally, an intellectual property right. oppose any form of treatment as defined in paragraph 3 of Article 2 of the said law. For this, it is sufficient to make a written request to Portavista by mentioning his name, first name and number and enclosing a copy of his identity document to the following address Portavista, 1 Hauling Port New, 34500 Béziers.

8.3 Use of cookies

By accessing the service, cookies are installed on the computer equipment of the user. Cookies are files sent to the browser and saved on the hard disk of the user's computer equipment, through the Internet browser. In this case, they contain information relating to its navigation on the site (including: pages viewed, date and time of connection), which the site can read on the occasion of its subsequent visits. They are automatically created when you log in, initiated by the user's login to the site. Nevertheless, it is possible to oppose their insertion by configuring the preferences of the browser so as to no longer accept cookies.

9. Intellectual property

9.1 Website Protection

Portavista is and will remain the owner of the intellectual property rights attached:

• the site and its constituent elements such as, and without this list being restrictive, information, databases, software or graphics;
• any proprietary mark, registered or registered by Portavista as trademark or protected under any intellectual property law. The contract does not imply any transfer of ownership by Portavista to the user, nor does it imply, in particular, authorization to represent, modify, reproduce, or use commercially the various elements of the site.

Any degradation, as well as, in the absence of prior written authorization, any representation, reproduction, modification, commercial use, total or partial, of the various elements of the site is prohibited and exposes his (or her) author (s) to prosecution.

9.2 Protection of audiovisual programs

The services offered by Portavista on the site are exclusively limited to a private consumption within the framework of the family circle and can not be intended for a collective use within the meaning of the article L.122-5 2 ° of the Code of the intellectual property.

Programs viewed by the user are digital files protected by national and international copyright laws. Their use can only be carried out within the limits defined in these general conditions.

Portavista warrants that it holds the necessary rights relating to the Audiovisual Programs, that it has obtained all the authorizations of the rights holders relating to the exploitation of the audio-visual programs and that the exploitation of said programs by the user, in accordance with the provisions of this agreement, will not infringe the copyright or any right of any third party on the program (s).

The provision of programs requires the user, the acceptance of a use under rights, non-exclusive, and not transferable to third parties. Under no circumstances can the user consider that he owns the digital files corresponding to the programs.

Any reproduction or representation of programs, in whole or in part, in any medium, is prohibited. Failure to comply with this prohibition constitutes an infringement that may incur the civil and criminal liability of the infringer.

Digital files on the site can be protected by technical protection and information measures, that is to say protection systems to control their use and in particular their copying.

The user acknowledges and expressly agrees that technical protection and information measures may limit his access to one or more programs, as well as the uses that may be made of them. The user also accepts the automatic updating of the technical protection and information measures and the consequences attached to them.

Technical protection and information measures are governed by the Intellectual Property Code. The user is prohibited from taking any action to circumvent or interfere with digital content control techniques. Any attempt to circumvent these measures is punishable by the same code.

10. Responsibilities and obligations

Portavista can not be held responsible for any malfunction and / or any interruption in the provision of the related service or resulting from a case of force majeure.

Portavista does not provide access to the Internet. Consequently, Portavista can not be held responsible for the malfunctioning and / or insufficient provision of Internet access services, and can not be held liable for consequential, incidental and / or incidental damages resulting from or related to the operation of the Internet.

Portavista can not be held responsible in the event of disappearance, loss, deterioration, and in particular in case of any damage likely to alter the computer equipment of the user.

Portavista has no obligation to replace programs destroyed during temporary and / or irremediable failures affecting users' computers.

Portavista is not required to offer all the services and marketing methods described in these terms and conditions.

Hypertext links can refer to other sites. The responsibility of Portavista can not be engaged in the case where the contents of said sites would contravene the legal and / or regulatory provisions in force.

Portavista, in the process of putting on-line, is held only by an obligation of means. Portavista does not control the information, data, texts, music, sound, photographs, images, videos, messages or any other material transmitted via the service, and therefore does not guarantee the opportunity, legality, probity or the quality of these contents. In any case, Portavista can not be held liable because of the illegal nature of the content according to the regulations in force.

The user is informed that the copying option is not a determining factor of the Portavista offer, the program is equipped with protection measures to prevent piracy and prevent copying of the program on other media.

11. Revision and validity of the general conditions

Portavista reserves the right to modify these terms and conditions at any time and in its sole discretion. The user will be informed by all means of the new general conditions that he will have to accept if he wishes to continue using the site and the services.

If one or more stipulations of the present general conditions are held for invalid or declared such under a law, a regulation or following a final decision of a competent jurisdiction, the other stipulations will keep all their force and their reach.

12. Applicable law and dispute resolution

These General Conditions will be subject to French law and any dispute that could not find a transactional outcome will be brought before the courts.

13. Customer Service and Technical Support

For any information, Portavista Customer Service can be contacted by e-mail at the following email address: info@portavista.com and at the following telephone number:.

LEGAL INFORMATION

The VàD platform portavista.fr is published by Portavista sas, a simplified joint-stock company with a capital of 1,000 €, whose registered office is located at 1 Chemin de Halage du Port Neuf, 34500 Béziers, registered in the RCS of Béziers under the number 830 633 202.

The host of the Site is the company OVH, 2 Rue Kellermann, 59100 Roubaix.

The host of the programs is Binex.io,