General Terms & Conditions of Sale for use of the medici.tv website and applications
This document describes the services proposed by MUSEEC and defines the rights and obligations of the Users of the medici.tv Website and Applications (iOS, Android, SAMSUNG Smart TV) in the context of sales by MUSEEC of Video on Demand on a Subscription basis.
These rights and obligations apply to the exclusion of all other conditions. The User declares that he or she has taken due note of the following provisions prior to requesting Download or Streaming of the Audiovisual Programme(s) desired. By choosing to download one of the Audiovisual Programmes offered, the User expressly and irrevocably accepts the following terms and conditions.
In the following General Terms and Conditions of Sale, the capitalised words or expressions will have the following meanings:
- Subscription: designates the offer sold on a subscription basis by MUSEEC on its medici.tv Website available at the address www.medici.tv and enabling the customer, in return for the payment of a subscription, to consult via Streaming, and during a defined period (1 month/1 year), all the Audiovisual Programmes of the catalogue available on the medici.tv Website, and in some cases, on the medici.tv mobile applications, with the exception of any geographical limitations applicable to certain Programmes.
designates the offer sold on a subscription basis by MUSEEC on its medici.tv Website available at the address www.medici.tv and enabling the customer, in return for the payment of a subscription, to consult via Streaming, on the connected TVs SAMSUNG Smart TVs (2011/2012) during a defined period (1 month), a few of the Audiovisual Programmes of the catalogue available on the medici.v Website, with the exception of any geographical limitations applicable to certain Programmes.
- General Terms and Conditions of Sale: designates the present document.
- Mobile applications: designate the iOS and Android (Android OS version 2.1 and above) medici.tv mobile applications.
- Applications: designate the iOS and Android (Android OS version 2.1 and above) mobile applications, as well as the SAMSUNG Smart TV application.
- User’s Equipment: designates the User’s computer installation, whereby the User obtains access to the services of the medici.tv Website, and comprising a computer equipped with an internet connection and the software installed as well as any other equipment for restitution of the Audiovisual Programmes (hi-fi, television etc.) which may be connected to it. The proper functioning of the User’s Equipment is the sole responsibility of the User.
- Audiovisual Programmes: designates all the audiovisual content available to Users on the medici.tv Website.
- Website: designates the interactive electronic service provided by MUSEEC and accessible via the www.medici.tv URL.
- Streaming: designates a form of linear consultation of Audiovisual Programmes via the User’s Equipment which does not enable downloading.
- User: designates the person who has met the conditions for access to the medici.tv Website service and paid for a Subscription.
- Video on Demand: designates the transmission of an Audiovisual Programme via a coded signal received on the User’s Equipment for family use and at the time determined by the person requesting the transmission in return for a payment.
The ordering of Audiovisual Programmes via the Website or the Applications is reserved for the use of Users having taken full note of the present General Terms and Conditions of Sale prior to ordering and having accepted them fully. All orders placed imply the full and unreserved acceptance of the present General Terms and Conditions of Sale.
The present General Terms and Conditions of Sale may be saved and printed by any person visiting the Website.
4. Scope and rules for use of the service
4.1. Geographical limits
Use of the services proposed by MUSEEC on the medici.tv Website and Applications is open to individuals residing in the whole world. medici.tv nevertheless reserves itself the right to restrict access to certain Audiovisual Programmes to specific territories.
4.2. Availability uniquely for private use
The services proposed by MUSEEC on the medici.tv Website and Applications are exclusively limited to private consumption within the family environment and may not be subjected to any form of collective use as defined by section L.122-5 2° of the French code of intellectual property law.
4.3. Customers accepted
The paying services proposed by MUSEEC on the medici.tv Website and Applications are reserved for the benefit of adults or of children possessing their parental authority to make a purchase on the Website.
5. Description of the services
MUSEEC provides internet users with services of internet Streaming or Download of Video on Demand by means of the User’s Equipment.
6. Access to and registration for services
6.1. Access to services
Access to services is made directly from the Website whose internet address (URL) for access is http://www.medici.tv, or from its Applications.
To consult Audiovisual Programmes, whether by means of Streaming or Download, the User must first create an account on the medici.tv Website by completing the obligatory fields (marked with an asterisk) of the registration form.
Access to the services of the medici.tv Website and Applications, and in particular the use of Streaming, requires the prior installation of Flash Player freeware on the User’s Equipment. This software is available via the websites indicated by medici.tv and its use is subject to the terms of its license that the User must accept.
Continuous access is provided to the Website with the exception of periods of maintenance, server updating and any exceptional interruptions. Interruptions of service will be notified via the Website at least 24 hours before they are due to occur except when they are of an urgent nature.
6.2. Computer equipment required
Technical information is provided in the FAQ section accessible using the medici.tv Website menu.
The User is advised to check the compatibility of all Audiovisual Programmes with the User’s Equipment prior to purchase.
The User must dispose of the following minimum User’s Equipment in order to use the services available on the medici.tv Website: a 2GHz or better processor, a screen with resolution of at least 1024x768, random access memory of at least 512Mo, a sound board, a broadband internet connection, a Microsoft® Windows® XP or Microsoft® Windows® Vista operating system (i.e. not including Windows® 95, Windows® 98 First and Second Edition, Windows® 2000, Windows® Millennium Edition or Windows® NT 4.0), Microsoft® Internet Explorer version 6.0 or above, Adobe Flash Player version 8.
The service is also compatible with Mac OS, Windows and Linux operating system technology.
The User has sole responsibility for the proper functioning of the User’s Equipment. Medici.tv can on no account be held liable should the services proposed by the Website prove incompatible, or present malfunctioning, in association with certain of the User’s software, configurations, equipment or operating systems.
To place an order on the Website, the User must create first a medici.tv account.
During this process, the User will be asked to choose an identity (his or her email address) and a password requiring confirmation. These elements are confidential. The User shall be solely responsible for the use of his or her account until its deactivation, unless the User can prove that the use of his or her identity and/or account is the result of a fraud imputable to a third party. At the time of registration, each User must undertake to furnish correct personal data and to inform medici.tv of any change.
Any connection or transmission of data made by use of the Website shall be deemed to have been performed by the User and under the User’s exclusive responsibility unless the User can demonstrate that the use of his or her identity and/or account is the result of a fraud imputable to a third party.
6.4. Deactivation of the account
If the User wishes to deactivate his or her account, he or she must so notify medici.tv by an email addressed to email@example.com.
Medici.tv undertakes to deactivate the account within a maximum of two working days with effect from receipt of the email.
6.5. Availability of Audiovisual Programmes
The Audiovisual Programmes offered and the applicable prices are those in effect on the Website on the day of subscription to the services proposed by medici.tv.
6.6. No right of retraction
Any order of Video on Demand offers on a Subscription basis, is final and irrevocable given their intangible nature and as provided for by section L.120-20-2 of the French code of consumer law. No reimbursement, exchange or the exercise of any right of retraction will be available.
7. Functioning of services
7.1. Price and means of distribution
The consultation of Audiovisual Programmes on the medici.tv Website and Applications is available on a Subscription basis. The prices indicated are inclusive of any VAT applicable on the date of the order. Any change in the applicable rate of VAT will be directly applied to prices.
The applicable prices are those in force on the Website on the date of subscription to the services proposed by medici.tv.
7.2. Interruption or modification of services
medici.tv may have occasion to modify its services to take account of technical evolutions. medici.tv undertakes that any modification will not result in a lower quality of services.
medici.tv also reserves itself the right to terminate a service, or all the services, it proposes on the Website subject, in the case of Subscriptions, to 1 month’s prior notice to Users.
medici.tv reserves itself the right to deactivate the User’s account, without notice or compensation, in the following circumstances:
- Non-respect by the User of the General Terms and Conditions of Sale,
- Non-payment by the User of sums due,
- Action contrary to the interests of the medici.tv Website (see section 9 of the present General Terms and Conditions of Sale).
Subject to the provisions of section 8.6 of the present General Terms and Conditions of Sale, it is recalled that in the case of ordering of a Video on Demand offer involving a Subscription, the User is free to terminate the Subscription at the end of the current period of commitment. To do so, the User must complete the termination form included under “My account”.
In consideration for payment of a monthly or yearly charge a Subscription enables the customer, during a defined period, to view all the Audiovisual Programmes available on the medici.tv Website, and in some cases, on the medici.tv Applications – subject only to the availability of rights (as indicated in each Audiovisual Programme’s description) and to the geographical limitations mentioned in section 4.1 of the General Terms and Conditions of Sale.
In consideration for payment of a monthly charge The SAMSUNG Smart TV Application enables the customer, during a defined period, to view all the Audiovisual Programmes available on the medici.tv SAMSUNG Smart TV Application (from the 2011/ 2012 models) – subject only to the availability of rights (as indicated in each Audiovisual Programme’s description) and to the geographical limitations mentioned in section 4.1 of the General Terms and Conditions of Sale.
8.2. Entry into force and duration
Subscriptions are entered into for an indefinite period subject to a minimum commitment of 1 month with effect from the date of purchase of the Subscription.
Subscriptions may be terminated as provided for in section 8.6 of the General Terms and Conditions of Sale. Termination takes effect at the end of the current period of commitment.
The price of Subscriptions is as indicated on the “Subscriptions” page of the medici.tv Website on the date of subscription. No price increase may be applied during the minimum period of commitment.
At the end of this period, and in the event of a price increase applying, the User will be informed at least one month in advance. If the User does not wish to pay the increased price, he or she may then terminate his or her Subscription in accordance with the terms of section 8.6 of the present General Terms and Conditions of Sale.
When a Subscription is taken out, medici.tv will make a single charge for the amount corresponding to the initial Subscription period. The User’s payment will be made by credit card.
Subsequent payments will be made using the same card: Visa, Carte Bleue, MasterCard and AMEX.
The User enters his or her bank data via a secure transaction. Orders are validated and recorded as soon as the payment has been accepted.
For subsequent periods, the User will be debited the applicable amount for the chosen Subscription period until such time as the Subscription is terminated in accordance with the conditions provided for by section 8.6.
8.5. Availability of the service
The Audiovisual Programmes proposed as part of a Subscription are those listed on the medici.tv Website subject only to the availability of rights (as indicated in each Audiovisual Programme’s description) and to the geographical limitations mentioned in section 4.1 of the General Terms and Conditions of Sale.
They may be viewed using Streaming throughout the Subscription period and without any limit on the number of viewings.
At the end of the minimum commitment period, the User may terminate the Subscription by completing the termination form included under “My account” on the medici.tv Website or by sending a registered letter with a request for acknowledgement of receipt to medici.tv c/o MUSEEC,9, Cité de Trévise, 75009 Paris, France.
Any month begun is payable in full. Termination takes effect from the end of the commitment period underway at the time the termination request is received.
9. Use of community services
Medici.tv offers Users a community service enabling them to give their opinion on films. Users of the service undertake to respect the following rules:
- Not to make any statements, or post any content, in any form whatsoever, liable to infringe existing rights, or of a defamatory, insulting, offensive, obscene, violent or violence inducing, racist, political, homophobic or xenophobic nature, or more generally, any content conflicting with the purpose of the medici.tv Website, with the applicable laws and regulations, with civil rights or with accepted moral standards;
- Not to post, indicate or provide, in any form whatsoever, information or other content including links to other websites conflicting with the applicable laws and regulations, with accepted moral standards and/or with the purpose of the medici.tv Website; >
- To make use thereof in accordance with the other stipulations of the present General Terms and Conditions of Sale;
- Not to transmit content revealing private or personal information concerning any individual;
- Not to transmit content designed to promote any particular goods or services.
Any breach of the abovementioned Fundamental Obligations will be deemed a material breach of the User’s obligations providing medici.tv with the faculty, in accordance with section 7.3 of the present General Terms and Conditions of sale, of terminating the contract and irrevocably deleting the User’s account.
10. Protection of personal data
10.1. Use of data
The personal data relating to the User collected by medici.tv is destined to be employed in managing the User’s orders and providing access to his or her account and to the Audiovisual Programmes. It is subjected to automated data processing techniques. The optional information requested is designed to enable medici.tv to know the User better with a view to improving the services proposed. medici.tv or its partners may contact the User by email to provide more details about the services offered by medici.tv.
Depending on the User’s choices expressed when creating or updating his or her account, medici.tv may have the right, in accordance with any indications included in the form completed by the User, to make use of and communicate the said optional information to third parties, in particular to market research firms and survey institutes exclusively for purposes of review and analysis, or to commercial third parties for the purposes of joint or individual sales offers to be made by post and/or by email. Medici.tv undertakes to process information relating to Users in the greatest confidentiality and as provided for by the French law dated 6 January 1978, in respect of information of a personal nature, as modified by the law dated 6 August 2004.
The User’s personal data, as well as the information relating to his or her orders placed on the medici.tv Website, will be stored in electronic form on the medici.tv Website throughout the duration of the User’s registration on the Website. The User will be provided free access to the information relating to the User upon request to medici.tv.
Cookies are installed on the hard drive of the User’s Equipment when the User accesses the Website’s services. They contain information relating to the User’s navigation on the medici.tv Website (in particular, pages consulted, date and time of connection) that the Website will be able to read during subsequent visits. They are automatically created when a session is opened by connecting the User to the medici.tv Website. Their insertion may however be prevented by configuring the User’s navigator not to accept cookies. For further information on deactivating cookies please refer to our FAQ.
10.3. Users’ rights of access, rectification and deletion
As provided for by the French law dated 6 January 1978 as subsequently modified, the User disposes at all times of a right of access in respect of information relating to him or her, as well as of the right to have the information rectified or completed if it is inaccurate or incomplete, of the right to oppose its communication to third parties, of the right to oppose (without charge) its commercial use and more generally, of the right to oppose any form of processing as defined by paragraph 3 of section 2 of the law. Those rights may be exercised by sending a written request (mentioning the User’s surname, forename and telephone number), accompanied by a copy of proof of identity, to the following address: MUSEEC, 9, Cité de Trévise, 75009 Paris, France.
11. Intellectual property
11.1. Protection of the Website
Idéale Audience is and shall remain the owner of the intellectual property rights attaching to:
Any damage to, or unauthorised modification, copying or commercial use of all or part of the constituent elements of the Website is prohibited and would expose its author(s) to legal pursuit.
12. Responsibilities and obligations
12.1. Responsibilities and obligations of medici.tv
It is expressly understood that medici.tv may incur no liability whatsoever for any loss suffered by the User and/or any third party as a result of:
- Any unavailability of the Website and more generally, any technical problem arising for reasons unconnected with medici.tv;
- Any case of force majeure as defined by the jurisprudence of the French Cour de Cassation.
The medici.tv Website may propose hypertext links to other websites or other information managed by partner websites. Inasmuch as medici.tv has no means of control over such other sites, it shall incur no liability in the event of their content presenting discrepancies in comparison with the applicable law and/or regulations.
12.2. Responsibilities and obligations of the User
The User undertakes not to tamper with digital files or with any function designed to control their use, nor to do anything else liable to conflict in particular with the provisions of section 10 of the present General Terms and Conditions of Sale.
The User has sole responsibility for protecting the User’s Equipment, in particular against any form of contamination by viruses and/or other attempts to intrude, and medici.tv can incur no liability whatsoever in this respect.
Excepting proof to the contrary, the data recorded by medici.tv constitutes proof of all the transactions intervening between the Company and Users. The log of the transactions for the preceding 11 months may be consulted on the Website at any time under “My account”.
14. Law applicable to the resolution of disputes
The present General Terms and Conditions of Sale are subject to French law.
15. Contact, assistance and claims
For any question or request for information relating to the Audiovisual Programmes, or for any claim in respect of an order, the User must contact medici.tv using the following email address: firstname.lastname@example.org. medici.tv will respond as quickly as possible.
In the event of contestation of the commercial transactions engaged in and monies due, claims must be sent by email to email@example.com within 30 days of the date of the contested transaction. This 30 day limit is designed to enable the parties to find an amicable solution and does not deprive the User of his or her potential legal remedies. The claim will be examined by medici.tv and medici.tv will respond as quickly as possible. To enable proper processing, the following information must imperatively be provided:
- The purpose of the claim;
- The User identity provided in the registration form;
- Complete contact details (surname, forename, postal and electronic addresses, telephone number);
- The order date;
- The order and transaction references as included in the email confirmation sent to the User after each order.
In the absence of any of the above information, the User’s claim will not be processed.