AERIAL COLLECTION is a website offering its Users a catalogue of Footages of aerial videos that can be viewed on the Site and for which Users can apply for a License in order to insert them in their Work(s).
Pursuant to article 6III 1b) of the French law n°2004-575 of June the 21st 2004, modified by the law n°2006-64 of January 23rd 2006, the information of the Site's publisher is the following:
Papa Sierra, SARL, registered at the Paris Company Register under number B 391 460 862, with headquarters at 17 rue de Bassano, 75 116, Paris represented by Frédéric Spriet.
Phone: 01 46 10 05 30
Publishing director: Frédéric Spriet
Hosting service provider: IONOS SARL 7, place de la Gare, BP 70109, 57200 Sarreguemines Cedex, 431 303 775 RCS Sarreguemines, tél. : 0970 808 911, info@IONOS.fr
Site has been conceived and realised by Bruno Cusa and Dominique Martigne
"Account" refers to the interface made available to the Users for access to the Site and Services;
"Fee(s)" refers to the amount to be paid for the Services and/or Licenses as established by Papa Sierra under the conditions provided in article 9 – Fees ;
"Footage" refers to raw, uncut material, cinematographic works and single shots, regardless of whether or not such Footage is copyrighted or otherwise registered or whether such registration does not exist (public domain);
"Login" refers to the email and password elected by the Users for the creation of their Account;
"License" refers to any License of Rights of Use granted to the Users as provided in the ToU-ToS ;
"Licence Order Form" refers to the document established as provided in article 7 – Licence Orders of the ToU-ToS ;
"Material" refers to any excerpts of a Footage made available to the Users within the Services and which have been selected by the Users to be granted a License ;
"Papa Sierra" refers to SARL, registered at the Paris Company Register under number B 391 460 862, with headquarters at 17 rue de Bassano, 75 116, Paris represented by Frédéric Spriet;
"Parties" refers collectively to Papa Sierra and Users ;
"Quote" refers to the document established by Papa Sierra as provided in article 6 – Purchase of Services and 7 - License's Order of the ToU-ToS and mentioning at least the Services and/or Licenses ordered by the Users and the applicable Fees ;
"Rights of Use" refers to all rights related to the Material as described in article 10 - Definitions of the Rights of Use ;
"Services" refers to any services provided by Papa Sierra and available through the Site as described in article 4 – Description of the Services ;
"Services Order Form" refers to the document established as provided in article 6 – Purchase of Services of the ToU-ToS ;
"Site" refers to the website and Services available at : http://aerialcollection.com/
"Third Party" refers to any natural or legal person other than Papa Sierra or the Users;
"Third Party Rights" refers to the rights of Third Parties upon Works appearing in the Footage (incl. any music, architectural works, monuments, sculptures), personal privacy of persons shown, trademark rights, rights to a name or company rights appearing in the Footage;
"ToU-ToS" refers to the current term of use and sale;
"Users" refers to any person visiting the Site and benefiting from the Services;
"Work" refers to any creation made by User and comprising Material;
DESCRIPTION OF THE SERVICES
All Services are proposed to the Users within the frame of the ToU-ToS. Some of the Services are openly accessible for Users, others require that Papa Sierra drafts a Quote and then may be ordered separately as provided in article 6 – Purchase of Services and 7 - License's Order of the ToU-ToS.
Openly accessible Services
Users have open access to a Footage search engine that allows the preview and download of Footages as visualization material, in order to facilitate the selection of Material for the Users' Works and with a view of their Quote request to Papa Sierra.
To this end, Papa Sierra grants the Users with a strictly private right of use of the Footage, in the format to which Papa Sierra makes them available on the Site.
Openly accessible Services for registered Account Users
Users registered with an account have open access to a Footage search engine that allows the preview and download of Footages as viewing material, in qualities superior to those available to non-registered Users and benefit from a premium tool providing estimated costs per second in order to facilitate the selection of Material for the Users' Works, to evaluate the cost prior to an order and with a view of their Quote request to Papa Sierra.
To this end, Papa Sierra grants to the registered Account Users with a strictly private right of use of the Footage, in the format to which Papa Sierra makes them available to them.
Services subject to orders
Subject to an User's order as provided in article articles 6 – Purchase of Services and 7 - Licence Orders, Papa Sierra also offers the following Services:
Offline research for Footage by Papa Sierra on behalf of the User and with respect to the specificities mentioned in the Services Order Form. The case may be, Papa Sierra undertakes to carry out with due care and using the sources available for Papa Sierra. Papa Sierra does not owe any success in research and thus neither a proof nor the provision of the Footage required by the User.
Delivery of videotapes or data carriers containing time-coded Footage for facilitating selection by the User;
Delivery of the Material subject to a Licence, under the conditions provided in the Licence Order Form and with respect to article 12 – Material Delivery;
Post-production of Users' Works, subject to terms that will be determined while establishing the Quote as provided in article 6 – Purchase of Services;
Executive production of Footages meeting specific needs of the Users subject to terms that will be determined while establishing the Quote as provided in article 6 – Purchase of Services.
User who registers to an Account may be a legal person, including any company, association, collectivity or other legal entity or a natural person. In any case, he must have the legal capacity to proceed with the opening of an Account.
Papa Sierra reserves the right to refuse or invalidate after the acceptance of any creation of Account when the information provided by the User is incomplete, false, misleading or fanciful. Papa Sierra may also solicit from the User any written document justifying its situation
In order to open an Account, Users first fill out the Account registration form accessible from the home page of the Site and shall provide all the following required information:
Title, name and first name
Name of the structure
It is solely User who is allowed to make use of the Login required for access to his Account. Should he allow Third Parties to use his Login, he shall take full responsibility for their actions, as if he himself had made use of the Login.
If a User has reasons to believe that his Login has come to the knowledge of unauthorized Third Parties or that Third Parties use the Services thanks to his Login, User must immediately modify the Login required to access his Account.
In case of loss of its Login, the User registered to an Account can ask to reset his "password" in the login space of the Site y clicking "password forgotten? ". User will be asked for the email address indicated in the Account creation form. User will receive a hypertext link from which User will be allowed to generate a new password.
Creation of an Account via Facebook Connect
Users may also create an Account through the Facebook connect application available on the Site. The case may be, User will connect to the Site thanks to the identifier and password related to his Facebook account. User understands that the account information submitted to Facebook will be transmitted to Papa Sierra, under the same conditions as if the user had registered directly on the Site.
The User also understands that Papa Sierra may ask him to complete any personal information relating to his Account if it is incomplete, insufficient or false.
PURCHASE OF SERVICES
At any time a User may order Services from Papa Sierra. All Purchase of Services must be made in writing through a Services Order Form mentioning at least:
Services requested by the User
Any precision necessary and useful to establish the Quote
Written signature of the User
Papa Sierra will establish the corresponding Quote and will transmit it to the User for approval. Quote will include the applicable Fees regarding the ordered Services and, the case may be, the terms and conditions for the execution of the Services provided for in the Quote.
It is also expressly understood that any written or oral request from the User implying the start of the services referred to in the Quote constitutes a tacit acceptance of the Quote, even if the Quote has not been signed. In addition, if the Parties have entered into negotiations and talks, User understands that any abusive termination of the negotiations, including any sudden and / or late disruption, without just cause, may be sanctioned in accordance with French jurisprudence.
It is understood that if the User acts on behalf of a Third Party, he will inform Papa Sierra and mention it in the Services Order Form. User acknowledges that he is duly authorized by the said Third Party and will remain guarantor of all the obligations provided for in the ToU-ToS.
At any time a User may require Licence(s) from Papa Sierra. All Licence Orders must be made in writing through a License Order Form mentioning at least:
a description identifying the Material subject to the Licence
Intended use of the Material by the User (notably the related Work(s)) and the non-exclusive Rights of Use as described in article 10 for which the License is solicited by the User ;
Technical specs of the Materials required for the Production;
Duration of the License solicited by the User;
The territory for which the License is solicited by the User;
Written signature of the User
User agrees to inform Papa Sierra by supplying all necessary commercial information relating to the market of the desired territory as well as all the necessary information relating to his activity and in particular the technical specs of the Work mentioned in the License Order Form: Film, telefilm, series, advertisement, documentary, clip, trailer, DVD, web content, educational or political content...
If a preparatory document defining the Production exists (such as literary bible, note of intention, synopsis...) and has not been attached to the License Order, User agrees to transmit it to Papa Sierra at first request.
Papa Sierra will establish the corresponding Quote and will transmit it to the User for approval. Approval of the Quote by the User constitutes acceptance of all the elements of the Quote (not limited to: price, duration, territory, Rights of Use granted) and the License agreement between the User and Papa Sierra will come into force upon Approval of the order by the User.
It is understood that if the User acts on behalf of a Third Party, he will inform Papa Sierra and mention it in the License Order Form. User acknowledges that he is duly authorized by the said Third Party and will remain guarantor of all the obligations provided for in the ToU-ToS.
Papa Sierra wishes Users to respect its editorial integrity and reserves the right to refuse to grant a License to Users. In particular, it is understood that Papa Sierra will be particularly vigilant with regard to the following sectors of activity: defense, weaponry, chemical products, tobacco and accessories but also agriculture, fishing and horticulture, coatings, materials, metals, mining industry...
Moreover if within the Services, User received License Material for the purpose of visualization and selection, after the establishment of the Work User must immediately transmit a report of use to Papa Sierra and the corresponding License Order Form. The report of use shall include:
Definitive title of the Work,
Identification number (Code Papa Sierra) and the length used in the Work for every Material,
Provisional broadcasting dates,
if the rights on the Work are granted to a Third Party, the address of such Third Party, `
In the event that a full version of the report of use is not delivered to Papa Sierra within four weeks from the production of the Work, the User owes full fees for all Materials ordered and delivered by Papa Sierra.
In the event that the report of use discloses a use of the Material beyond the initial License, Papa Sierra will be entitled to charge the User for such additional use.
At any time, User may request from Papa Sierra the acquisition of the additional Rights of Use, including an extension of the duration of the License and / or the licensed territory and / or an increase in the number of broadcasts / releases by providing Papa Sierra with the reference of the original License Order Form and the required information regarding the additional use.
Papa Sierra will verify the availability of the requested Rights of Use and, if applicable, will provide the User with the applicable Fee in a Quote that he will transmit to the User for approval. Approval of the Quote by the User will result in the formation of the License agreement for the additional use that will then take effect under the same conditions as those of the original License agreement.
Papa Sierra freely determines service Fees. The case may be, they are communicated to the Users during the establishment of the corresponding Quote by Papa Sierra in compliance with article 6 – Purchase of Services.
The License Fee will be calculated according to the calculation criteria as listed in the Quote sent to the User when the License is ordered and in compliance with the according to the extent of the Rights of Use solicited by the User.
In order to allow Users to measure the implications of their License orders, Papa Sierra provides estimated fees per second to registered Account Users. It is understood that these estimated Fees are communicated to the Users only as an indication, are not contractual and do not constitute an offer of sale.
Multiple use or repetitions or a freeze image of the Material are calculated according to the use of running Licensed Material.
DEFINITION OF RIGHTS
" Right of Making Publicly Available" refers to the right to make the Material geographically restricted or unrestricted available to the public via analog, digital or similar transmission technology regardless of the nature of the receiving device. It includes push services, the right to store the Material on any kind of electronic data processing media and the right of dissemination of publicly available material, for example with the "Share" function within social media platforms.
"Right to Edit" refers to the right to change, to amend and to modify the Material in full or in part, in particular to shorten, split and mix it with other productions, to transfer it into other work formats or analogue technology and to integrate it one-time into a new Production to be created by the User.
"Right to broadcast" refers to the right to broadcast the Material terrestrial, via cable, wireless, by satellite or any other technical broadcasting methods regardless of the economical type of utilization, including Pay TV and video on demand, restricted to a certain number of broadcasts, as the case may be.
"Video right" refers the right to copy, rent out or distribute the licensed Material on all types of image/sound carriers (Cassette (e.g. VHS, CD, DVD)), restricted to a certain number of copies, as the case may be.
"Right to perform" refers to the right to make the licensed Material perceptible to the public by technical installations. The Right to Perform applies to all film formats and other image/sound carriers and comprises commercial and non-commercial performances. The Right to Perform may be limited within the licensing agreement to:
- Cinema (theatrical rights), whereby the User acquires the Right to Perform the licensed Material in movie theatres (theatrical rights);
- Festival, whereby the User acquires the Right to Perform the licensed Material on the occasion of one or more festivals;
- Point of Sales, whereby the User acquires the Right to Perform the licensed Material on occasion of the promotion of one named enterprise or its products and services at point of sales and sales talks;
- Out-of-Home (OOH), whereby the User acquires the Right to Perform the licensed Material on occasion of the promotion of one named enterprise or its products and services on a named number of screens on public places, streets, airports, stations (planes, trains, bus and subway), stadiums or within closed digital networks (In-flight, Digital Signage Networks);
- Public Presentation (trade fair, event), whereby the User acquires the Right to Perform the licensed Material on occasion of the promotion of one named enterprise or its products and services on one or more trade fairs, exhibitions and/or industry events;
- Public Presentation (Museum / Exhibition / Theatre / Education), whereby the User acquires the Right to Perform the licensed Material in events with an educational or cultural non-commercial purpose;
- Limited Audience the User acquires the Right to Perform the licensed Material for entertaining, informational or other non-commercial purposes within closed networks or environments with restricted audience. (In-flight, hotels, ships, closed circuit, digital signage).
" Advertising and Promotional Right" refers to the right to use the licensed Material in its original or edited or modified form in a length as customary in the industry concerned for the purpose to advertise for and promote the exploitation of the Work in accordance with the Rights of Use granted to the User. Included is the Right to advertise for the exploitation of the Work in the manner customary in the industry concerned by using printed materials.
SCOPE OF THE LICENSES
Start of the License agreement
The License agreement between a User and Papa Sierra will come into effect upon confirmation of the order by Papa Sierra pursuant to article 7 – Licence Orders.
Subject to the full payment of the License Fees and all other Fees due to Papa Sierra, User is entitled to Right of Use on the Material as identified in the License Order Form to create one (1) Work as mentioned in the License Order Form and to use the licensed Material as part of the Work.
The use of the licensed Material is strictly limited to the territory and term of the License as defined in article 11.3 and 11.4 below.
Licenses are restricted to the use in the Work named by the User in the License Order Form.
License granted by this agreement is non-sublicensable and non-transferable. Under no circumstances User may sub-license or archive any Material.
The Rights of Use are granted exclusively for the territories mentioned in the License Order Form. In the event that the territory of the License is not specified in the License Order Form, the territory would be limited to France.
Right of Making Publicly Available is granted exclusively for the language(s) mentioned in the License Order Form.
Rights of Use are granted exclusively for the term mentioned in the License Order Form. If no License term is indicated in the License Order Form, the License term shall be 3 (three) years form the first use of the Material within th limit of 10 (ten) years from conclusion of the License agreement.
Property of the Work(s)
User acquires any rights related to the resulting Works as User is legally entitled to such rights. Papa Sierra has no rights whatsoever in and to the Work.
It is reminded, in so far as necessary, that the rights of Papa Sierra in and to the Material remain unaffected.
Third Parties Rights
Rights of Use granted to a User only include the Rights of Use, as specified in the License Order Form. They will include Third Party Rights only if the License Order Form specifically states that Papa Sierra obtains such Third Party Rights and grant them to the User.
Failing that, use of the licensed Material may require the clearing of such Third Party Rights. Upon User's request, Papa Sierra may make his best efforts to obtain the license of these Third Party Rights if User wishes so. The case may be, this service shall be subject of a Service Order Form in compliance with article 6 – Purchase of Services.
Unless a Third Party Rights clearing Service is ordered to Papa Sierra, User will perform alone the clearing of the Third Parties Rights. If any of the Third Parties Rights is not available, User shall use the licensed Material at his own risk. Papa Sierra will not have to indemnify the User in the event of a claim by the said Third Party. Such provision applies to claims of any person involved in the production of such licensed Material.
DELIVERY OF THE MATERIAL
Papa Sierra will provide the Users with all the Materials necessary for the exercise of the Right of Use granted to a User. Delivered Material will be in the format and in the quality provided for in the License Order Form.
Any claim in respect of the delivered Material shall be motivated and mention precise reason for the claim. In the event that the User does not make any claim against Papa Sierra within 8 (eight) days from the delivery, Material will be deemed accepted.
USERS LIMITATIONS AND WARRANTIES
In general, any use of the Site and Services shall not be abusive and must be in compliance with applicable laws. Users shall observe nationally or internationally applicable copyrights provisions and any other ancillary rights that apply to the Footage available on the Site, and only utilize the Rights of Use within the framework of the licensing agreements concluded with Papa Sierra. User will observe the copyrights and related industrial property rights of Papa Sierra with regard to the Site, its contents and structure and only use it within the framework of these ToU-ToS as well as any other agreements concluded with Papa Sierra.
User does not acquire any Rights of Use or any rights whatsoever regarding Footage by downloading such Footage. Insofar as the User obtains Footage for preview purposes, he may benefit from it solely personally and for the purpose of selecting suitable Material for the intended use. User shall not remove any and all markings affixed by Papa Sierra. User must in no case disseminate, copy or pass on Footage unless an appropriate agreement is concluded between User and Papa Sierra.
Portray any person depicted in Visual Content (a "Model") in a way that a reasonable person would find offensive, including but not limited to depicting a Model: a) in connection with pornography, "adult videos", adult entertainment venues, escort services, dating services, or the like; b) in connection with the advertisement or promotion of tobacco products; c) in a political context, such as the promotion, advertisement or endorsement of any party, candidate, or elected official, or in connection with any political policy or viewpoint; d) as suffering from, or medicating for, a physical or mental ailment; or e) engaging in immoral or criminal activities.
Use any Material in a pornographic, defamatory, or deceptive context, or in a manner that could be considered libelous, obscene, or illegal.
Resell, redistribute, provide access to, share or transfer any licensed Material except as specifically provided herein. For example and not by way of limitation, the foregoing prohibits displaying Material as, or as part of, a "gallery" of content through which third parties may search and select from such content.
Use the licensed Materials in any manner that would infringe trademark of a Third Party or any Third Party Right, or which may lead to a claim for misleading advertising or unfair competition;
Use the licensed Material (in whole or in part) as a trademark, service mark, logo or other indication of origin, or as an integral part thereof;
Use still images from the licensed Material in any other context than marketing activities related to the promotion and advertising of the Works that includes such Material;
Use the licensed Material obtained from Papa Sierra illegally or in violation of applicable regulations. This includes, but is not limited to, information and interpretations that are subject to prohibitions of all laws, regulations or treaties for the protection of minors, or that contain illegal, immoral, pornographic or defamatory content.
Use the licensed Material in any manner other than the one expressly authorized under the License agreement between User and Papa Sierra, regardless of whether or not such Material is specifically protected by law. It is possible to extend the Rights of Use at any time by a new License agreement, subject however to possible restrictions.
User will be solely liable for the lawfulness of his use of the licensed Material and for the modality of such use, notably regarding the integration of the Material in the Work mentioned in the License Order Form, within the provided territory and for the licensed Rights of Use in context of the License Order Form and the ToU-ToS. It is specified that any responsibility of Papa Sierra in this respect, whatever its basis is excluded.
If a User becomes aware that a social network website is using any Material in a manner that exceeds the licensed Rights of Use, the User agrees to remove all Works incorporating the Material of such social network Web sites, and will immediately inform Papa Sierra of every use of the Material on such social network web site. User agrees to take all commercially reasonable measures to prevent Third Parties from reproducing the Material. If he becomes aware of unauthorized reproduction of any Material, User will inform Papa Sierra by e-mail to: firstname.lastname@example.org
Users may transfer their rights and obligations to Third Parties only with the express written consent of Papa Sierra.
On first request, User shall relieve and indemnify Papa Sierra against any claims made by Third Parties against Papa Sierra due to the violation by the User of his obligations towards Papa Sierra. User shall indemnify Papa Sierra, its legal representatives, employees, shareholders, directors, officers, members and suppliers against any damage or liability arising out of the use of the Material other than those expressly authorized by the ToU-ToS. User also agrees to indemnify Papa Sierra for any fees and expenses disbursed by Papa Sierra in the event of failure of the User to comply with any of the provision of the ToU-ToS or any other contract that binds the User to Papa Sierra.
OUT OF LICENSE USE OF THE MATERIAL
If the User uses the licensed Material outside the scope provided in the Licence Order Form or fails to acquire additional Rights of Use or uses it in any other non-licensed manner (this includes the re-creation of an already existing Work and the use before payment of the agreed upon fees), User owes Papa Sierra the full amount of the License Fee he would have owed if he had acquired the appropriate License, without without prejudice to any subsequent claim for compensation for damages.
Use of the Material in commercial Works shall include the following credit:
"Image(s) ou Video(s) (the case maybe) used in compliance with Papa Sierra' s License"
Such credit must be of a size, color and importance to be clearly and easily eye-readable.
Such credit is not mandatory for any other use of the Material except if other content benefit from a credit within the frame of such use.
FINANCIAL PROVISIONS – PAYMENT
Billing – Due date
User shall pay Papa Sierra the amounts previously validated by Papa Sierra in connection with the ordering of Services or Licenses, as provided for in Articles 6 – Purchase of Services and 7 – License Order.
Amounts owed by the User are fully payable upon invoice of Papa Sierra unless otherwise agreed in writing by the Parties.
Set off of claims
The User may make an offset against the claims of Papa Sierra and the claims received by Papa Sierra insofar as his own claims are not the subject of any opposition or if their merits have been recognized by an Enforceable judicial decision. If so, User will inform Papa Sierra in writing.
Any dispute of an invoice shall be made in writing and sent to Papa Sierra by registered letter with acknowledgment of receipt at: Papa Sierra, 17 rue de Bassano, 75 116, Paris
If no query is raised within an 8 days period from the issue of an invoice, such invoice is deemed approved by the User.
If agreed in writing during the order of the Services or Licenses as provided in article 6 – Purchase of Services and 7- License Order, Fees that are due shall be collected from the User's bank account by direct debit. If User revokes such authorization, Papa Sierra is entitled to charge an appropriate processing fee for the related administrative expenses incurred, which will be equivalent to the costs arising thereof.
In case of returned debits due to incorrect account details or a lack of funds on the User's account or any reason attributable to the User, Papa Sierra is entitled to charge a processing fee amounting to 20 euros per debit plus the bank fees charged to Papa Sierra for the returned debits.
In the event that the User fails to pay any amount owed to Papa Sierra, a late payment penalty of 9% above the ECB base rate per annum shall be applied to such amounts from the date on which the payment is due, deadline. Papa Sierra may also charge User with a processing fee in the order of 40 Euros for the payment recovery procedure carried out.
In the case the User does not act on its own name but on behalf of a Third Party, under the conditions provided in article 6 – Purchase of Services and 7 – License Order, User and Third Party are jointly and severally liable for any payments to be made to Papa Sierra.
Users understand that the licensed Material may contain, in whole or in part, archive material that is no longer subject to specific protection and thus falls into the public domain; This shall not affect the payment obligations of the Users who must pay the amounts as set out in the Quote established by Papa Sierra pursuant to Article 7 – License Order.
Unless required by law, Papa Sierra is under no obligation to make any repayments. If Papa Sierra determines that a User is entitled to receive a refund for part or all of the amounts disbursed, this refund may be made through the method of payment originally used by User to make the corresponding purchase.
If the User is a legal person, the User declares that he is registered as a business entity in the country where his headquarters are located, that the licensed Material and the Rights of Use will be used within the context of his own commercial activities and that he is allowed to deduct the VAT. License Fees are not of all taxes related to sales, use, transaction and withholding taxes. All taxes due for the granting of a Licence and/or the exploitation of the Work in the licensed territory shall be borne by the User.
Site and Services offered by Papa Sierra are accessible with most technical configurations and especially on PC and Mac. The optimal resolution of the screens is 1280 x1024.
Prior to accessing the Site and / or ordering Services, the User must verify, under his sole responsibility, that his IT equipment is compatible. Papa Sierra cannot be held responsible for any lack of compatibility between the Site and the User's IT equipment.
Users are advised that any changes to their software and/or hardware configuration may result in degradation or inability to use the Site and the Services. Likewise, Users understand that the Site may be subject to modifications and / or updates that can modify the necessary configuration for its access in optimum manner. Papa Sierra cannot be held responsible for the difficulties encountered by Users who no longer meet the technical requirements to access the Site.
Papa Sierra cannot be held responsible for any damage suffered by a User if such damage is due to a technical incompatibility of the IT equipment of the User with the Site.
Users shall, at their own cost and as pre-requirement to access the Site, benefit from a Internet access, including sufficient speed of data transmissions. The cost of Internet access and usage shall be born by the User. Users acknowledge that the characteristics and inherent constraints of the Internet do not guarantee the availability, security and integrity of data transmission over the Internet. Papa Sierra does not warrant that the Site will operate without interruption and without any malfunction. The operation of the Site may be interrupted at any time due to maintenance, updating or technical improvement, or to change its content and / or presentation.
Papa Sierra does not warrant to Users that the use of the Site and its Services meet their requirements, nor that the use of the Site may at any time be uninterrupted, fast, secure or error-free.
Papa Sierra can not be held liable for any malfunction, inability to access the Site or malfunction of the Site resulting from unsuitable IT equipment, disruptions due to the User's internet provider, Internet network congestion and / or for any other reason related to a fact outside Papa Sierra's control.
Papa Sierra reserves the right to modify or change the Site at any time. Such changes will come into effect as soon as they are put online.
Papa Sierra reserves the right to delete a User Account at any time in the following circumstances:
Breach of the provisions of the French Intellectual Property Code
User's failure to any of its obligations under the ToU-ToS
SUSPENSION OF THE ACCESS TO SITE AND SERVICES
Papa Sierra reserves the right to withdraw a User access to the Site and Services at any time in the following circumstances:
Breach of the provisions of the French Intellectual Property Code
User's failure to any of its obligations under the ToU-ToS
ACCESS – MAINTENANCE
With regard to both the Site and the Services, Papa Sierra is subject to an obligation of means to the Users and therefore undertakes to implement all necessary means to ensure the proper working of the Services in the best conditions especially in terms of effective debit and permanence of the Services.
Nonetheless, Users understand that, due to the nature of the Internet, Papa Sierra cannot guarantee:
that the Site and Services will be available on a 24 hour/7 day basis.
Optimal performance of the site and Services for all existing or future IT equipment and configuration.
In addition, although limit or blocking of the access to the Site and Services will be as limited as much as possible in number and duration, Papa Sierra reserves the possibility to limit or block the access to the Site or Services for certain time periods, for maintenance, updatings or technical interventions with a view to ensure the quality of the Services. Unavailability of the Site or the Services resulting from such activities will in no way be considered as a breach of Papa Sierra's obligations.
Presentation and content of the Site are fully protected by the applicable regulation for the protection of intellectual and industrial property rights. Any reproduction, modification, transmission, or publication of all or part of any content of the Site for any purpose is prohibited unless prior written permission of Papa Sierra through a License as provided in the ToU-ToS.
Users grant Papa Sierra with a worldwide and non-exclusive license to use their trademarks in Papa Sierra promotional materials, including in a public list of Papa Sierra's customers. However, Papa Sierra agrees to consent to reasonable commercial efforts to discontinue any specific use of a User's trade-mark no later than thirty (30) days after the date of receipt by Papa Sierra of a User's request made by -mail at the following address: email@example.com.
USER CARE – TECHNICAL SUPPORT
For any information, additional precision or any complaint, Papa Sierra makes available a user care service whose contact details are as follows:
For an technical difficulties Users may benefit from a technical support whose contact details are as follows:
PAPA SIERRA'S WARRANTIES
The Site contains information about Papa Sierra's Services and Papa Sierra's promotional activities. Users understand that all information provided on the Site is provided solely for information purposes. Information mentioned on the Site is strictly of informational value, not legally binding and shall not constitute an offer to sell.
Even though Papa Sierra attempts by all means reasonably expected to ensure that all the information contained in the Site is correct, the accuracy of such information cannot be guaranteed. Papa Sierra assumes no responsibility for the accuracy, completeness or truthfulness of any information contained on this Site. The Site and all the information contained herein are solely provided as a basis for consultation, without any express or implied warranty.
At any time and without prior notice, Papa Sierra reserves the right to make any modification to its equipment, technical characteristics and availability.
Site may include links to Third Party websites or services (Third Party Services). Papa Sierra is not responsible for the information, products, services, technologies and features offered by Third Party Services. Papa Sierra does not offer guarantees to Users for their use of Third Party Services, which is at their own risk.
Papa Sierra accepts no responsibility with regard to any direct, indirect, incidental or consequential damages arising out of the access or use of the Site or in connection with the access to or use of the Site, including but not limited to, any loss or damage caused by viruses affecting the User's equipment or resulting from information obtained through the Site.
Papa Sierra represents ands warrants to be duly appointed to commercialize the Footages or to have acquired the Rights of Use from the different production companies supplying the Footages. Papa Sierra warrants that it is duly authorized to grant the Rights of Use to the extent that they exist and have been acquired by Papa Sierra.
Papa Sierra represents ands warrants that the licensed Material may be used as provided in the License agreement. If the License Order Form includes the clearing by Papa Sierra of Third Party Rights this warranties apply to such Third Party Rights.
Except as expressly provided in the ToU-ToS, Papa Sierra does not grant any right or warranty regarding the use of Third Party Rights including but not limited to personal data, music or other audio content, Trademarks, packaging, copyright protected works, works of art or architectures represented in any Material. Papa Sierra only has the owner's or model's authorizations pertaining to such when expressly stated on the Site.
Neither Papa Sierra nor any of its officers, employees, officers, members, shareholders, directors or suppliers shall be liable to the Users or any Third Party for any general, punitive, special, incidental, consequential or incidental damages, or for any loss of profits or any other damages, costs or losses arising out of their use of the Footages any breach of this ToU-ToS by Papa Sierra or otherwise, unless if expressly provided herein, even if Papa Sierra has been informed of the possibility of such damages, costs or losses.
Papa Sierra does not warrant that the Footages, the Site and Services will meet the requirements of Users or that the use of the Site and Services will be uninterrupted or error free. The entire risk as to the quality, performance and use of the Visual Content is solely with Users.
Papa Sierra cannot be held liable for any damages, costs or losses resulting from modifications made to the Material or due to the context in which the User uses the Materials.
While Papa Sierra makes commercially reasonable efforts to ensure the accuracy of keywords and descriptions, as well as the integrity of Visual Content designated "Editorial Use Only", PAPA SIERRA MAKES NO WARRANTIES AND/OR REPRESENTATIONS REGARDING ANY: I) KEYWORD, TITLES OR DESCRIPTIONS; II) AUDIO IN FOOTAGE; OR III) VISUAL CONTENT DESIGNATED "EDITORIAL USE ONLY". For the sake of clarity, Papa Sierra will not indemnify or have any liability in respect of any claims arising from inaccurate keyword, titles or descriptions, any audio in Footage, or the use of Material designated "Editorial Use Only".
PAPA SIERRA MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER OTHER THAN THOSE EXPRESSLY MADE IN THIS "WARRANTIES " SECTION.
STORAGE OF EVIDENCE
Papa Sierra will archive by means of a secure and permanent system that contains an accurate copy of the original all Quotes and invoices issued in compliance with the ToU-ToS. Parties shall consider Papa Sierra's computerized records as evidence of communications, orders, payments and transactions between the Parties.
Papa Sierra attaches great importance to the protection and security of Users' data. Accordingly, Papa Sierra pays particular attention to the protection of Users' personal data.
To connect to his Account, a User must enter an email and password. To create an Account a User shall transmit the information required in article 5 of the ToU-ToS and notably his personnal contact details. Papa Sierra may use this information to:
Administer the User's Account ;
Process orders and billings;
Contact Users regarding videos research and License;
Register the Licenses granted to Users, if applicable, to notify Users of the necessary sub-licenses;
Provide Users with customer advice and to inform Users about Papa Sierra and all its products by e-mail, mail, telephone and sms - to the extent that Users have consented to it;
Comply with legal requirements and regulations.
Papa Sierra complies with industry standards to protect personal data. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure, however. While Papa Sierra uses commercially acceptable means to protect Users personal data, Papa Sierra cannot guarantee its absolute security. It is understood that Users' password are encrypted and that Papa Sierra has no access to such passwords.
Information gathered from the search, log-in and registration forms is subject of computer processing exclusively for Papa Sierra's use and for the following purposes:
information visible in the "your account" tab to validate the access of each User to Papa Sierra's content ;
information related to the use of the Site by Users (number of clicks, information most frequently searched for, etc.)
In application of the law n°78-17 of January 6th 1978 pursuant to informatics, data and liberties, Users may at any moment access to their personal data and may proceed to their rectification, clarification, update or suppression of this data by contacting: Papa Sierra, 17 rue de Bassano, 75 116, Paris.
Users may consult and modify their personal data via "My Account" tab.
Users may also, for legitimate reasons, oppose the processing of their personal data. To learn more about their rights Users may visit CNIL's website.
Papa Sierra only communicates Users' personal data in the following circumstances:
To subsidiaries or affiliates which are either subject to these data protection provisions or comply with directives at least as protective as those provisions
To commercial partners who have concluded a distribution agreement with Papa Sierra and who have undertaken to comply with the provisions of the data protection provisions hereof
To service providers who are responsible on behalf of Papa Sierra for performing services such as material orders, payment execution (credit cards), recovery, customer service or data processing;
Within the frame of corporate restructuring, in particular in the context of mergers, takeovers or handover of a substantial part or all of the assets;
To comply with legal obligations or if such transmission is necessary to implement the agreements between Papa Sierra and the Users.
Papa Sierra does not record data related to individual Users uses and no information about them is archived or used.
"Cookies" shall mean small units of information which allow to identify as a user on the Site and to have a quick and easy access to the information that the User seeks. Papa Sierra saves cookies from the Users browser on the hard drive only during the current session. Cookies require minimal memory space and do not affect the operation of the Users' computer. They do not contain any personal information.
Notwithstanding anything herein contained to the contrary, neither party shall be liable to the other in damages because of any failure to perform hereunder caused by any "force majeure event", because of the other party or a third party or external causes such as s social unrest, intervention of the civil or military authorities, natural disasters, water damage, interruption or malfunctionning of telecommunication network. However, it is understood that the Party concerned by the force majeure event shall do everything in its power to limit the duration and effects of such force majeure event or external cause.
Specifically, Users understand that Papa Sierra can not be held liable for any malfunction or interruption in the procurement of the Services related to or resulting from a force majeure event or any damage that may result from the said malfunctions and interruptions.
INTEGRITY – SEVERABILITY
The present ToU-ToS represent the integral engagement of Papa Sierra and the Users, under the conditions of the eventual modifications of the present ToU by the App Publisher in the limits of article 30 here under.
In the case where one of the provisions of the ToU-ToS would be declared voit or unappliable due to statutory or legal provisions, present or futur, or in virtue of a Court decision and emanating from a competent organism, this disposition would be declared non written. Papa Sierra would then replace the provision by a new provision with the closest meaning. It is understood that all other provisions stay unchanged in that case.
The present ToU are written in French, the case may be, every translation of the ToU are only proposed for courtesy, and shall in no case prevail on the French version.
MODIFICATIONS OF THE ToU-ToS
At any moment, Papa Sierra reserves the possibility to adapt or modify at any moment the present ToU-ToS under the condition to inform the Users. Once published online at the disposal of the Users, such modifications are immediately effective.
For any modification, Papa Sierra will inform the Users of the modification of the ToU-ToS by message, e-mail, or any other adapted mean. The ToU are also available at any moment on the Site.
If Users continue to use the Site and/or Services after modification of the ToU-ToS, they accept explicitely or tacitely the modifications of the ToU-ToS. If the Users disagree with the ToU, they need to stop using the Site immediately and shall proceed to the suppression of their Account accordingly to article 18.1 of the ToU-ToS.
LOI APPLICABLE ET ATTRIBUTION DE COMPETENCES
Exclusive place of performance is the headquarters of Papa Sierra, Paris, France.
Any claim or dispute arising out the performance of the ToU-ToS or any breach thereof shall be governed by the commercial rules of the competent French courts, understood that French law governs ToU-ToS. Papa Sierra shall also have the right to commence and prosecute any legal or equitable action or proceeding before any court of competent jurisdiction to obtain injunctive or other relief against Users in the event that, in the opinion of Papa Sierra, such action is necessary or desirable.