You are here

GCU

General conditions of use for the Celluloid Angels platform

Contents:

  1. Preamble: legal notices/acceptance
  1. Presentation and characteristics of the Website and Services
    • 2.1 General principles
    • 2.2 Operating the Website and Services
      • 2.2.1 Project Presentation
      • 2.2.2 How to fund a Project
      • 2.2.3 Completed Projects
      • 2.2.4 Comments by Users
  1. Creating an account and accessing the Services
    • 3.1 General principles
    • 3.2 How to create an account
    • 3.3 User ID details
    • 3.4 Settlement of Donations
      • 3.4.1 Choosing a Project
      • 3.4.2 Payment
      • 3.4.3 E-mail confirmation
  1. Absence of the right of withdrawal
  1. User obligations
    • 5.1 Using the account
    • 5.2 Rules of best practice on the Website
  1. Termination or suspension of account
  1. Users’ intellectual property
  1. The Company’s intellectual property
  1. Database protection
  1. Links
    • 10.1 Links to the Website / inbound links
    • 10.2 Links to third party websites / outbound links
  1. Liability / Guarantee exclusions
  1. Respect of privacy
  1. General clauses
    • 13.1 Partial nullity
    • 13.2 Non-renunciation
    • 13.3 Intuitu personae
  1. Applicable law and attribution of competence
  2. It is important for you to carefully read and understand these general conditions of use along with our confidentiality charter. By giving your agreement you promise to comply with the terms and conditions enunciated below. If you cannot accept and/or you do want to comply with these terms and conditions you must not give your agreement and, consequently, you will not be unable to make use of the services offered on the Company’s website.

  1. Preamble: legal notices / acceptance
    • Eclair Inside, a simplified joint-stock Company with a capital of 50 000.00 Euros and registered at the Trade and Company Register of Nanterre under N° RCS Nanterre 817 900 665 and having as registered office 85 avenue Jean Jaures, 92120 Montrouge (hereinafter the "Company"), is the publisher of the platform with URL http://www.celluloid-angels.com (hereinafter the "Website").
    • The editorial director is Sebastien ARLAUD, who can be contacted at the following address: ECLAIR INSIDE, 85 avenue Jean Jaures 92120 MONTROUGE.
    • The Website is hosted by GLOBULE BLEU Quai Mativa, 62-B-4020 Liege Tel: +32 4 239 84 44
  2. Use of the Website and its accessible services (hereinafter and with the Website "Services") is conditional on the acceptance of these General Conditions of Use (hereinafter "GCU") to include our Confidentiality Charter. The GCU may be amended or completed at any time, hence the importance of rereading the GCU before every use of the Website. The User must confirm acceptance of any major change made to the GCU before a next request of the services.

  1. Presentation and characteristics of the Website and Services:
      1. 2.1. General presentation
      2. The Website is a crowdfunding platform 2.0 for the restoration of French, European and World heritage films, seeking to raise funds from users (hereinafter "User(s)" or "you") wishing to participate towards the digital restoration of a selection of French and Foreign films or programmes shot on filmstrips that are telling of our past (animated cartoons, documentaries, series, adverts, etc.) (hereinafter "Oeuvre(s)"). The restoration of these Oeuvres is to be done by using original negatives or the best media available at the time the campaign to raise funds is launched (hereinafter "Project(s)").

        Users who have chosen to fund a Project get to participate on the platform via the page devoted to the Project by sharing comments among themselves or with any other contributor to the said Project.

        In order to make use of the Services, the User must first create a personal account per the conditions described under below article 3.2.

      1. 2.2. Characteristics of the Website and Services
        1. 2.2.1. Project presentation
        2. By way of its Website Services, the Company is offering a number of restoration Projects needing funding in the name and on behalf of all those holding the exploitation rights for the Oeuvres (hereinafter "Partners").

          The Projects fall under two categories as follows:

          1. 1) Category "Cinema", encompassing the heritage films to be restored with the backing of the CNC and which now needs the remaining funds to aid their digital safeguard;
          2. 2) Category "Great Causes", is for the ambitious Projects of safeguarding historic heritage titles, to be done in separately-funded undertakings over different periods depending on the scope of the project.

          The presentation of each Project will notably include: (i) the Oeuvre to be restored, (ii) a brief description (storytelling) of the Project, (iii) the target funds, along with the minimum amount of donations needed (hereinafter "Donation(s)"), (iv) the period over which the Donations are to be collected and (v) the description of packs and rewards (hereinafter "Rewards") if any.

          The Projects will go through 3 (three) distinct funding campaign phases, which are as follows:

          1. 1) The "in campaign" phase, designating Projects for which the target funds are being collected;
          2. 2) The "ongoing" phase, designating Projects for which the target funds have been achieved and restoration ongoing. The Users are hence informed that the substance or nature of the Project may eventually differ from what was defined during the funding campaign given the inherent risks associated with realising such projects. If donations are still being collected, this may exceed the target funds;
          3. 3) The "in future" phase, designating Projects not yet "in campaign" but for which Users can indicate interest;

          Information relating to a Project may change during campaigning or restoration.

        3. 2.2.2. How to fund a Project

          A User who wishes to participate in a Project is offered the chance to make a Donation. This User then becomes a "Contributor".

          If the target funds are not achieved at the end of the period for the collection of Donations, the Project will not get launched and the Contributors reimbursed their amounts of Donations within 15 (fifteen) days.

          However, if indeed the target funds are not achieved at the end of the period for the collection of Donations the Company may decide, without this being an obligation on the part of the Company, (i) to extend the period of collection and/or (ii) to add to the Donations in order to achieve the target funds. In this latter case, the Project may get launched without the Contributors being reimbursed.

          There exist 2 (two) types of Donations depending on the Project, which are:

          1. 1) The charitable Donation: This Donation must be at least 1€ (one Euro), carrying no guarantee of a Reward, being simply a gesture in support of safeguarding our cinematographic heritage.
          2. 2) The reward-based Donation: This Donation is in exchange of a Reward. The available Rewards are in the form of "Packs" associated with different funding levels. These Packs can be either in unlimited or limited deals.

            For example, albeit not an exhaustive list, the Rewards could be in the form of materials (like DVDs, Blu-rays, postcards and so on), invitations to special events (tickets to screenings, visits to film labs, gatherings, etc.), or the Contributor’s name mentioned in the credits. The delivery modalities for the Rewards will be detailed on the Project presentation page. For some Projects, a Reward may come with an additional gift from the initiator of the Project to the Contributor based on the Contributor’s receipt number after paying for the selected Pack. The corresponding modalities will be explained on the Project page. The Contributor is of course free not to accept this additional gift, which is to be offered if the Project’s objective is met.

        4. 2.2.3. Completed Projects

          The Company undertakes to distribute the Rewards to Contributors within 60 (sixty) days following the completed restoration.

          Some of the Rewards, such as visits to the labs, may be honoured during the ongoing restoration work.

          Contributors will be kept informed on the progress of the Project on the Website under the tab "My Projects".

        5. 2.2.4. Comments by Users-Contributors

          Every Contributor can track the progress of funded Projects on the tab "My Projects" and clicking on the particular Project page.

          This page notably provides the latest information on the said Project and allows Contributors to share comments via the "Forum" service.

          Each and every comment will be visible by all Contributors to the particular Project and depending on pertinence may be selected by the Company at the latter’s sole discretion and relayed in the news section of the Website’s "homepage".

          As the Forum will be a "Peer-based moderation" environment, other Users will be able to flag "inappropriate" or "contentious" comments, which will consequently be deleted from the discussion thread by the Company following the flagging.

          Under no circumstances will the Company be considered as the Forum author, editor or publisher. In fact, the Company will only be assuming a hosting role for the contents of the Forum as per the provisions pertaining to Article 6.I.2 of the Trust in the Digital Economy Act of 21 June 2004.

  1. Creating an account and accessing the Services:
    1. 3.1. General principles

      A User wishing to access the Services must first register by completing an online form or else entering his or her login ID if already registered.

      After completing the required registration fields or entering the login ID, the User will then be able to fully access the Services.

      Access to the Website and Services is free, non-exclusive, non-transferable and non-assignable.

    2. 3.2. How to create an account
      1. 1) The User must first complete an online registration form by (i) providing his or her personal identification details (see also below article 3.3) and (ii) choosing an own password. The User can also opt to connect via the "Facebook Connect" function or any available registration tool via other social networks linked to the Website;
      2. 2) The User is advised to check the registration form carefully before confirming that he or she accepts the GCU and Confidentiality Charter by marking the appropriate box;
      3. 3) This previous step completed, an e-mail confirmation will be sent to the User, who will then be able to fully access the Services.
    3. 3.3. User ID details

      Upon registration you must provide your correct personal details (surname, name, e-mail address) and choose your own and strictly confidential password. You could also choose to connect by using the available connection tools of social networks.

      Each User is responsible for his or her personal details being correct, complete and up to date.

    4. 3.4. Settlement of Donations
      1. 3.4.1. Selecting a Project

        To contribute to a Project, you simply need to select the one you are interested in from those available.

        You will be able to view the amount due, possible payment methods and delivery modalities online before proceeding to the payment.

        For the Reward-based Donations, you must provide a delivery address and phone number or those of the person for which the eventual gift, if any, is intended for.

      2. 3.4.2. Payment

        After you have selected the Project and offer that you like and provided your eventual delivery details, you will be redirected to the Donation (or Pack) settlement page where you will find your order summary.

        You must now confirm your selection and accept the GCU and Confidentiality Charter by marking the appropriate box.

        Payment of the Donations is to be made through the suggested methods of payment for the relevant Project, either by credit or debit card or the other methods of payment already indicated or soon to be added to the Website.

        When providing your banking details, the relevant consent will be required from you by our payment service.

      3. 3.4.3. E-mail confirmation

        After the payment is made, you will receive an e-mail confirmation, which will include all the details about your Donation.

        Your Donation along with the e-mail confirmation will constitute the agreement concluded between you and the Company. You must therefore make sure that you have correctly received this e-mail confirmation by contacting Customer Services via the following e-mail: support@celluloid-angels.com in case of a technical issue.

  1. Absence of the right of withdrawal:
  2. In accordance with the provisions of Article L.121-21-8 of the Consumer Code, you expressly agree to waive your right of withdrawal.

  1. User obligations:
    1. 5.1. Using the account

      You must inform the Company of every change in your personal details by updating your online profile on the Website via the tab "My Account".

      User passwords will be freely chosen or eventually changed by Users themselves.

      You are responsible for the creation, safekeeping and use of your own strictly confidential password, which must not be revealed to third parties. You must keep your password safe and secure. In case of an unauthorised use of your User password by a third party, you must alert the Company at the earliest.

      Any use of the Website by means of a username and password will be deemed to have been made by the relevant User.

      In case of your password being stolen or you find yourself unable to connect to your account, you can click on "forgotten my password". You will be asked for your e-mail and a new password will be sent to you. You are advised to regularly change your password for better security.

    2. 5.2. Rules of best practice on the Website

      By using our Website, you expressly promise:

      • Not to use the Website for any illegal, illicit or fraudulent activity and, in particular, not to contravene the local, national and international laws and regulations;
      • Not to use the Website in any manner as to undermine the Company, the Company’s affiliates or Partners and, in particular, not to use the Website and the Forum to relay information liable to be prejudicial, illegal or in any way illicit and unpleasant, defamatory or offensive towards the Company or third parties;
      • Not to hinder or block access to or undermine the Website, the computer systems or software belonging to the Company (or those belonging to third parties);
      • Not to use the Website to knowingly transfer data or to transmit or upload contents that may contain computer viruses, Trojan Horses, bugs, time bombs, keyloggers, spyware, adware or any other malware programs or codes and not to undertake or abet hacking activities or to indulge in other cybercrime schemes;
      • Not to counterfeit patents, trademarks, industrial secrets, author’s rights, drawings, database rights or all other intellectual property rights of any party or entity;
      • Not to usurp the identity of any natural or legal entity, including notably the representatives of the Company, and not to spread malicious statements or other falsehoods about your possible relationship to any natural or legal entity;
      • To maintain the confidentiality of all codes, passwords or user ID information that you decide to choose or is provided to you as means for upholding the security of the Website. You must not reveal any of this information to third parties;
      • To comply with these General Conditions of Use.
  1. Termination or suspension of account:
    1. 6.1. The GCU can be terminated at any moment (a) by the User without due notice needing to be given; (b) by the Company in case of an interruption of access to the Website after a due notice of 30 (thirty) days.
    2. 6.2. Failure to observe the obligations gives the Company the right to ban, suspend or restrict access to the Website without the Company being in any way liable to the User. The Company has every right to automatically terminate or suspend the account of a User on the Website in case of failure to observe the GCU and notably in the following non-exhaustive cases:
      • Infringement of Articles 23 and following of the law 29 July 1881 governing press freedom and 227-23 of the Criminal Code;
      • Suspicion of an account being used under a false identity or with another person’s password;
      • If the rights of the Company or a third party are compromised;
      • Counterfeit;
      • Breach of existing laws and regulations.
      A User will be informed of the suspension or deactivation (following a termination) of his or her account via e-mail at the earliest opportunity.
    3. 6.3. Notwithstanding a termination of the GCU, all ongoing Projects will continue until completed and the Company along with the Users shall agree to observe their respective commitments in accordance with the GCU.
    4. 6.4. As from the effective date of termination, a User will no longer have access to his or her account on the Website.
  1. Users’ intellectual property:
  2. You do not own any content that you submit to us (hereinafter "Content"). However, we do require you to grant us some licences for the performance of our Services. In particular, when you post Content on the Website’s Forum or on the Website as a whole, you do so upon agreeing to the following conditions:

    You give your permission for us to use your posted Content. You grant us and our Partners and third parties acting on our behalf, and this for the legal duration of the relevant intellectual property protection, the exclusive and irrevocable right, royalty-free and with sub-licensing rights, to use, commercialise and exploit the intellectual property rights (notably author’s, trademark and database rights) pertaining to your Content.

    When we use your Content, you authorise us to make amendments to your Content (when editing or translating it, for example). You grant us the right to amend, reformat, excerpt from, delete and translate any part of your Content.

    You undertake not to post Content for which you do not own the rights (unless given the permission). Your Content must not include a third party’s content for which the intellectual property rights are protected or any content that falls under a third party’s patrimonial rights, unless the legitimate owner of the Content grants you his or her permission or you are legally authorised to publish the Content (and to grant the Company all the licensing rights as herein described).

    You will be liable for all royalties or out-licensing arrangements. You must pay all the royalties and other amounts owed to all persons or entities because of your Content or to the Company for hosting the said Content on the Website.

    You hereby promise that by using your Content, we will not be infringing any third party’s intellectual property rights or author’s rights. If indeed the Website or the Website’s Users make use of your Content in accordance with the provisions of this agreement, you promise that this will not infringe any third party’s rights, notably those of confidentiality, advertising, author’s, agreement, or all other intellectual property or patrimonial rights.

    You will be liable for the Content that you publish. Any information posted on the Website, whether published publicly or shared privately, will be the sole responsibility of the person from whom this information emanates.

    We shall not be held liable for errors in your Content. The Company cannot be held liable for errors or omissions in Content published on the Website and the Website’s Forum no matter what these errors and omissions may be.

  1. The Company’s Intellectual Property:
  2. The Website is an intellectual piece of work protected by the author’s rights, as well as other national or international laws governing intellectual property; it is the Company’s exclusive property.

    The entire content of the Website, which notably consists but is not limited to, texts, photographs, graphics, images, icons, technologies, software, links, domain names, trademarks and other content, audio-visual or other materials, whether they are connected to the restoration of the Oeuvres or to something else altogether, as well as their graphics and source codes (hereinafter "Website Content"), all add up as the exclusive property of the Company or third parties whose rights, if they happen to exist, are acknowledged by the Company, notably Partners owning the exploitation rights for the Oeuvres, which shall thus be protected by intellectual or industrial property rights by virtue of the existing national or international legislation.

    The name "Celluloid Angels" and all other Company trademarks, logos or graphics appearing on the Website are registered trademarks owned by the Company.

    Other company names and products or services appearing on the Website may be trademarks owned by their respective owners (Partners, for example). Any use made of the above-mentioned trademarks are prohibited without the prior express written consent of the owners of the rights concerned, otherwise they shall amount to be counterfeits.

    You are allowed to log on to the Website to access the Website Content and to make use of the Services offered. Any reproduction and/or representation in whole or in part of the Website Content via any medium using any means whatsoever and for whatever purposes is strictly prohibited without the prior express written consent of the Company.

    You are not granted any rights or licences to use the trademarks or other intellectual property rights. You must never therefore modify, rent, lease, sell, distribute or create derivative works based on the Website Content and/or products or services offered on the Website, in whole or in part. You must also never copy and/or share via any means possible the Website Content other than by the expressly authorised ways made available to you on the Website (Facebook or Instagram links and so on).

    Any infringement of any one of the afore-mentioned intellectual rights may result in an infringement of these conditions and deemed to be a counterfeiting offence criminally sanctioned under the provisions of the Intellectual Property Code and Criminal Code.

    For information regarding the reproduction of the Website Content and displayed elements, send your questions to info@celluloid-angels.com

  1. Database protection:
  2. Under notably the provisions of the 96/9/EC Directive of the European Parliament and Council of 11 March 1996 governing the legal protection of databases and the existing national laws, you expressly and irrevocably agree that the Website and services provided on it will contain one or several databases kept by the Company in our role as a maker of databases.

    Without prejudice to the other rights that the Company may invoke on the Website, such as the content that is protected by copyright or by the author’s right or by any other database right covering any one component, you expressly agree to abstain from:

    • extracting via a definitive or temporary transfer, all or a substantial part, qualitatively or quantitatively, of the content from one or more databases available on the Website and/or Services, no matter the method used;
    • reusing by making available publicly, all or a substantial part, qualitatively or quantitatively, of the content from one or more databases available on the Website, no matter the format used;
    • creating, publishing, withholding, updating, importing, exporting, disclosing or compiling a concurrent database enclosing all or part of one or more databases created and kept by the Company;
    • publishing online or via any other media support identical or similar processes to those used by the Company on the Website.

    More generally, all storage, extraction, use, reproduction, representation, or the withholding, directly or indirectly, partially or fully, including in the buffer, any substantial part, qualitatively or quantitatively, of the content of one or more databases kept by the Company, by one of the above-mentioned processes is strictly prohibited, and this include on any medium that is not authorised by the Company.

  1. Links:
    1. 10.1. Links to the Website / inbound links

      No third party is allowed to publish links on his or her website that point to the Website without the prior express consent of the Company.

      If a third party is authorised to use the following link http://www.celluloid-angels.com, this use must comply with the due restrictions and purposes stated in the express consent.

      Otherwise, the Company can at any time and without giving a reason request that the link pointing to the Company’s Website be deleted, following which the person managing the Website offering the link will immediately delete it.

    2. 10.2. Links to third party websites / outbound links

      When you click on hyperlinks taking you to third party websites, you are advised to read the general conditions of use and privacy policies of all these third party websites so that you get to understand how these websites collect, use and eventually disclose your personal information.

      The Company has no control on the content of these third party websites and declines all corresponding liability and for all claims or damages that may arise from the use of these websites.

      If you suspect that a linked website may contain illicit or inappropriate content, you may want to alert the Company at the following email: info@celluloid-angels.com. Under no circumstances when the Company is hence alerted does it compel the Company to delete the link in question or imply the effective knowledge of activities and/or content revealed by the party raising the concern.

      Under no circumstances does displaying the linked websites imply an existing arrangement with the persons in charge of these third party websites or their owners nor that the Company is in this way, now or at any time in the future, promoting their policies, content or services provided or that the Company is in any way condoning them.

      If you do decide to visit and/or use any one of the displayed links, you do so at your own risk and it is for you to ensure that you are duly protected against viruses and all other malware.

  1. Liability - Guarantee exclusions:
    1. 11.1. The Company reserves the right to suspend access to the Website and to any part or all of the Website Content thus provided at any moment and without notice because of technical or safety reasons, or for Website maintenance, or due to electricity cuts or any other valid reason. The Company does not guarantee that the Website services will be durable and reliable. Use of the Website is at your own risk. The Website is offered operable and depending on availability. The Company or affiliated companies offer no guarantee or make any statement to imply that:
      • The Website will meet your expectations,
      • The Website will operate without interruptions, securely and exempted of all errors, bugs, or other defects,
      • The results obtained via the Website will be exact and reliable,
      • The quality of services, information or other content obtained via the Website will meet your expectations and all errors/bugs will be fixed.

      Each User is of course sole responsible for his or her computer equipment, data and software as well as his or her online connection in order to get access to the Website.

      It follows therefore that the Company cannot be held liable for any eventual degradation to the equipment, software and data (virus infection) suffered by the User upon using the services, or for any other harm done to the User.

      To avoid as far as possible any inconveniences the User is advised to take the regular measures to protect and safeguard his or her data and software.
    2. 11.2. The Company cannot be held liable for the comments and Content published by any one User on the Website and in particular on the Forum as defined under Article 2.2.4.
    3. 11.3. There exist jurisdictions where some guarantee exclusions or liability limitations or exclusions for certain damages are not provided for. In this way, some of the limitations enunciated under above Article 11.1 may be invalid.

      It is to be noted that no one clause of these General Conditions of Use will impact the rights of any one consumer, nor will it exclude or limit the liability due to a death or physical injury resulting from some failing or falsehood by the Company (meaning, if the latter should voluntarily put out a false statement that pushed you to use the Website).

  1. Respect of privacy:
  2. The Confidentiality Charter provisions are an integral part of this GCU.

  1. General clauses:
    1. 13.1. Partial nullity

      If one or more stipulations of this GCU should be considered as invalid or declared as such upon the application of a particular law, regulation or a definitive decision by a competent court, the other stipulations will still bear their full force and scope. The parties shall therefore replace the null or invalid clause by a more appropriate clause that closely matches, in its content, the clause that has been nullified or invalidated.

    2. 13.2. Non-renunciation

      That the Company fails to invoke any one of the provisions of this GCU for a length of time should not be interpreted as a renunciation by the Company from the possibility of invoking this one provision at some point in the future.

    3. 13.3. Intuitu personae

      This GCU is concluded intuitu personae. Consequently, it cannot be transferred by one party without the prior express consent of the other party. The Company is nevertheless authorised to transfer this GCU along with the corresponding personal data files in the event of an acquisition by a third company, either of the Company or of one or more of its branches that exploit the Website. It is equally understood that the Company can substitute for another company among the group they belong to, which the Customer expressly accepts.

  1. Applicable law and attribution of competence.
  2. These General Conditions of Use are governed by French law.

    The Paris courts will be competent in case of disputes concerning their interpretation and application, notwithstanding multiple respondents, third-party appeals, including summary proceedings or by requisition.

Date of issue: 1 JULY 2016