Terms and Conditions

 

Terms and conditions for using the medici.tv site and its variations

1. Object

This document outlines the services offered by the company MUSEEC via the medici.tv website and its variations (iOS and Android mobile applications) as part of the MUSEEC company's marketing of its video on demand services, accessible by subscription, and sets the rights and obligations of users of such services.

These rights and obligations apply to the exclusion of all other conditions. Users confirm they have read the following provisions before Streaming the desired Audiovisual Programme(s). By choosing to view one of the Audiovisual Programmes offered, Users expressly and definitively agree to the terms set out below.

2. Definitions

In these Terms and Conditions, the capitalized words or phrases have the following meanings:

  • Subscription

    refers to the methods for accessing Services on the Website, Mobile Applications and Variations as described in Article 7

  • Mobile Application or Variations

    refers to mobile applications on the medici.tv platform available on iOS (from version 7.0 onward), tvOS and Android (from version 4.0 onward) and can be downloaded from the Apple App Store.

  • Terms and Conditions (hereinafter "Terms")

    refers to this document.

  • User Equipment or Computer Equipment

    refers to the User’s computer system allowing it access to the services of the medici.tv website. This includes computers and/or smartphones and/or tablets equipped with an Internet connection and installed software, as well as other reproduction equipment for Audiovisual Programmes connected thereto (stereo, television, etc.). Users are responsible for the proper functioning of their Computer Equipment.

  • Audiovisual Programmes

    refers to all audiovisual content accessible to Users on the medici.tv website. Company: refers to the MUSEEC company Name: MUSEEC Legal form: Simplified joint-stock company (SAS) Capital: €1,642,525 SIRET no.: 520 227 240 00030 (Paris) APE Code: 5920 Z Address: 54, rue de Paradis – Paris, France Email address: webmaster@medici.tv

  • Website

    means the website operated by the Company whose access URL is http://www.medici.tv/ and which allows access to the Service, as well as Mobile Applications and Variations.

  • Service(s)

    refers to the Streaming services accessible to the user who is registered on the website and the offer marketed by the MUSEEC Company on its website medici.tv and/or mobile application, and which, via a Subscription and payment of a fee and for a given period and from the user's Computer Equipment, all Audiovisual Programmes on the medici.tv Website and mobile application catalogue can be streamed via the Internet, subject to any geographical limitations governing the viewing of some Programmes.

  • Streaming

    refers to the linear consultation of a programme on the User's Equipment, without the possibility to download it.

  • User

    means the person who completed the registration form to access the Company's “freemium” Streaming services and/or possesses a Subscription to the Website and accesses the Services via their account.

  • Video on demand

    refers to the transmission of Audiovisual Programmes through a coded signal to be received by the User's Computer Equipment, which may be shared by a family, at a time determined by the person requesting the transmission in return for payment.

3. Acceptance of terms

Access to the Service is reserved for Users made fully aware of these Terms and who fully accepted them by checking the box provided for this purpose at the time of registration. These Terms can be saved and printed by anyone visiting the Website.

Minors must obtain permission from their parents or legal guardians before accepting these Terms. Persons exercising parental authority are guarantors of the minor User’s Terms.

4. Description of service

The Company makes available a service for Streaming videos on demand to Users via User Computer Equipment.

5. Scope

5.1. Geographical limits

The use of Services offered by the Company on the Website is open to all individuals worldwide. However, the Company reserves the right to restrict access to certain Audiovisual Programmes in certain countries.

5.2. Changing Services and Accessing Services

The Company may make changes to Services, in particular those required for technical development needs.

Furthermore, the Company reserves the right to permanently cease a Service or all of its Services on the Website, in particular for technical reasons, providing Users subscribed to the service with a one-month notice period.

Users may then unsubscribe or terminate their Subscription in accordance with the terms of Article 10 of these Terms.

The User acknowledges and agrees that due to unforeseen technical developments, the Company cannot commit to Services being accessible on all media, in particular mobile media, and their so far unknown developments.

6. ACCESSING THE SERVICE

6.1. Accessing the Service

Computer:

The Service is directly accessed from the Website. To stream the Programmes, Users must first register or purchase a Subscription to the Website, filling in the required fields of the registration form marked with asterisks.

Access to the Website Services and, in particular, the Streaming of Programmes requires prior installation of free Flash Player software on User Computer Equipment. This software is available at www.adobe.com, and its use is governed by the terms of its contract of use, to which the User must agree. Users are solely responsible for compliance with the contract.

Access to Services also requires an Internet connection; the cost of this connection remains entirely at the user's expense.

Mobile equipment:

The Service is directly accessed via the Mobile Application that can be downloaded from the App Store for mobile devices with iOS or tvOS operating systems.

6.2. Necessary computer equipment

Technical information is available in the “Help” section of the Website. It is recommended that Users check the compatibility of the Programmes with their hardware prior to subscription. Users must have at least the minimum Computer Equipment as described below if they wish to make effective and optimal use of the Service.

Computer:

Users must have at least the minimum Computer Equipment if they wish to use the Website Services. Minimum Computer Equipment includes: at least a 2GHz processor with a screen resolution of at least 1024x768, at least 512 MB of memory, a sound card, a broadband Internet connection, as well as operating system Microsoft® Windows® XP or later, and Microsoft Internet Explorer 9+ software or later, Adobe Flash Player 8 or later. The Service is also compatible with Mac OS, Windows and Linux operating systems.

Mobile equipment:

To access the service from a mobile device, Users must have a tablet or smartphone with operating system iOS 7.0 (or higher), tvOS or Android 4.0 (or higher) and must have downloaded the Application. To download and use the Application, Users require an Internet connection (Wi-Fi, 3G / 3G + / 4G).

7. Registration and subscription

Some content is available for registered users without a subscription. This is selected by the Company and may vary. Users wishing to access additional content available in their country must purchase a Subscription.

When registering on the Website, Users must choose a username (their email address) and password to confirm.

These elements are confidential. Users will be solely responsible for the consequences of the use of their account, until it is disabled, unless they demonstrate that the use of their password and/or account details constitutes fraud attributable to a third party. Upon registration, all Users agree to provide accurate personal information and to inform the Company of any changes thereto.

Users declare they are a legal person over the legal age in their country of residence, or have obtained permission from their legal representative to access the Services.

To purchase a Subscription, Users must always register on the Website and then proceed to select the price corresponding to the desired Subscription format.

7.1. Subscription Term

The Company offers two types of Subscriptions:

  • monthly
  • annual

The monthly subscription is for an indefinite period with a minimum commitment of one month.

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

At the end of the minimum commitment period, whether this is a month or a year, the subscription will be automatically renewed for the same term to which the User was originally subscribed, unless the contract is terminated under the conditions described in Article 10.

In the case of tacit renewal, the current rate in place for the Subscription concerned will apply.

According to the French Consumer Code, if Users subscribe to an annual subscription, the Company will send them an email within one (1) month before the end of the Subscription, notifying them of their right not to renew the Contract. The Contract may then be terminated up until the date specified in the notification email. If the User does not cancel their Subscription within the specified time, it will be renewed for a further period of one year.

7.2. Free trials

The Company may offer free trials, of varying length, of the Service (hereinafter Free Trials). These Free Trials are subject to these Terms and will be limited to one per registration (same email address).

Unless otherwise stated on the Website and unless terminated by the user in the conditions of Article 11, all Free Trials are converted into a monthly subscription tariff for monthly subscriptions to the Service.

7.3. Service availability

Audiovisual Programmes offered in the Subscription are those that form part of the Audiovisual Programmes offered on the Website, subject to geographical limitations provided for in Article 5.1 of the Terms. Audiovisual programmes are available for Streaming for the duration of the subscription and can be viewed an unlimited amount of times, subject to the availability of the rights negotiated by the Company with copyright holders of Audiovisual Programmes.

8. Price and payment conditions

8.1. Price and delivery mode

The price of the Subscription is the price shown on the “Subscription” page of the Website on the day the Subscription is taken out.

This price shall not increase during the minimum commitment period. After this period, in the event of a price increase, Users shall be informed at least 1 (one) month before the entry into force of the increase. If the User refuses the price increase, they may terminate the Subscription in accordance with the terms of article 10 of these Terms.

The price indicated already includes VAT, added tax and/or other legal taxes applicable on the day of Subscription. Any changes to the rates of these taxes will be directly reflected in the prices.

8.2. Payment methods

At the time of Subscription, Users make the initial payment by credit card or via PayPal. Transactions are secure. Orders are saved and confirmed upon acceptance of payment.

After registering for a Free Trial or a Subscription, Users send their bank details to the service provider (Paypal or Payline) to allow subsequent amounts to be deducted for the chosen Subscription.

As part of a monthly subscription, Users will then be charged a monthly amount corresponding to the price of the Subscription until this Subscription is terminated by the User, in accordance with the conditions provided for in Article 10, or until the contract ends, for whatever reason.

As part of an annual Subscription, the amount corresponding to this Subscription will be charged once at the time of enrolment and then annually every time the Subscription is renewed until it is terminated by the User, in accordance with the conditions provided for in Article 10, or until the contract ends, for whatever reason.

Subscriptions taken out via the Mobile Application are billed directly by the Apple App Store.

Failing receipt of the price in full, Users shall not have access to any Audiovisual Programmes included in the Subscription.

9. Right of withdrawal

The Company informs Users that the French Consumer Code provides for a withdrawal period of 14 (fourteen) days for a contract for remote services.

However, the Company also informs Users that the right of withdrawal does not apply to contracts for the supply of digital content not supplied on physical media and made immediately available to the User after payment.

Users expressly consent to the immediate availability of access to services, and hence to the non-application of the right of withdrawal.

10. Cancellation

At the end of the minimum commitment period, Users may terminate their Subscription at any time by clicking the unsubscribe link available in the “My Account” tab on the Website or by registered letter with acknowledgment of receipt addressed to the Company c/o MUSEEC, 54, rue de Paradis, 75010 Paris.

If the Subscription was purchased through the Mobile Application, Users may only terminate their Subscription through their iTunes account.

Cancellation takes effect at the end of the commitment period ongoing at the time of receipt of the cancellation request. Thus, as part of an annual subscription, in the event of termination, the Subscription shall not be renewed for the following year, but no refund shall be granted for the current year.

Furthermore, the Company reserves the right to disable or suspend the User’s account without penalty, and to refuse them access to the Service in the following cases:

  • non-compliance by the User with the Terms,
  • non-payment by the User of the amounts due,
  • acts contrary to the interests of the Website (see in particular Articles 11, 13 and 14 of these Terms). It shall inform the User in advance and within a reasonable timeframe, stating the grounds for suspension or deactivation.

If the Contract cannot be performed due to an event of force majeure, the contract will be automatically terminated and the Parties released of their obligations.

11. Use of community services

The Site offers Users a community service to give their opinion on Programmes. Users of the Community Service offered on the Website agree to abide by the following rules:

  • Do not make comments or distribute content, in any form whatsoever, that violate the rights of others or that is defamatory, abusive, offensive, obscene, violent or inciting violence, racial, political, homophobic or xenophobic and generally any content contrary to the purpose of the Website, laws and regulations in force, the rights of persons or morality;
  • Do not post, disseminate, or broadcast, in any form whatsoever, information or content that incorporates links to other websites that are illegal, immoral and/or not consistent with the purpose of the Website;
  • Use the Services in accordance with the purpose described in these Terms;
  • Do not transmit content that reveals the private or personal matters of any person;
  • Do not distribute content intended to promote goods or services.

Failure to do so constitutes a serious breach on the User's part. If the User breaches of one or more of these obligations, the Company may terminate the contract and irrevocably delete the account of the User concerned.

12. Personal data protection

12.1. Using files

The Subscription is subject to the automatic processing of personal data for which the Company is entirely responsible.

This data processing has been declared to the French National Commission for Data Protection and Liberties (CNIL) under the receipt number: 1477675

Personal data collected by the Company is intended to manage User Subscriptions, access to their account and Services.

The Company may, with the User's consent, contact the User by email, with business information enabling it to better advertise the services offered by the Website.

The Company processes information about users with the utmost confidentiality, in accordance with the French law of 6 January 1978 on computers, files and freedoms as amended by the law of 6 August 2004.

Users’ personal data and information on their orders on the Website shall be stored electronically by the Company throughout the entirety of the User’s subscription period to the Website. This is for the purpose of retaining the information necessary in the case of any contractual and/or legal responsibility being brought into play. Users may freely access information about themselves by request to the Company.

12.2. User rights of access, rectification and opposition

Under the Data Protection Act of 6 January 1978, the User has, at any time, the right to access information concerning themselves, the right to have it corrected or completed if it is incorrect or incomplete, the right to oppose its disclosure to third parties, the right to object, free of charge, to its use for commercial purposes and, more generally, the right to oppose any form of processing as defined in paragraph 3 of Article 2 of the aforementioned law. To do this, they must simply make a written request to the Company, citing their name and phone number and attaching a copy of their identity document, to the following address: MUSEEC, 54, rue de Paradis, 75010 Paris.

12.3. Use of cookies

When accessing the Service, cookies are installed on User Computer Equipment. Cookies are files sent by the Internet browser and stored on the hard disk of User Computer Equipment. In this case, they contain information related to browsing the Website (in particular pages viewed, date and time of connection) that the Website may read during subsequent visits. They are automatically created upon registration and activated when the User connects to the Website. Nevertheless, they can be switched off by configuring browser preferences to not accept cookies. To disable the “Accept cookies” function, please see our FAQ.

13. Intellectual property

13.1. Website Protection

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

  • the Website and its components, including but not limited to information, databases, software or graphics;
  • any distinctive sign, filed or recorded by the Company under a trademark or protected under any legislation relating to intellectual property. The contract does not involve any transfer of ownership on the part of the Company to the User, and by no means involves, in particular, any authorisation to represent, modify, reproduce or use for commercial purposes the various elements of the Website.

Any damage or, in the absence of prior written consent, any total or partial representation, reproduction, modification, commercial use of the various elements of the Website is prohibited and makes perpetrators liable to prosecution.

13.2. Protection of Audiovisual Programmes

The services offered by the Company on the Website are exclusively limited to consumption within a household and cannot be intended for collective use, in accordance with article L.122-5 2° of the French Intellectual Property Code.

Audiovisual Programmes viewed by the user are digital files protected by national and international laws governing copyright. They can only be used within the limits defined in these Terms.

The Company guarantees that it holds the necessary rights to Audiovisual Programmes, that it has obtained the authorisation of those entitled for the use of Audiovisual Programmes and that the use of such Audiovisual Programmes by Users in accordance with this contract shall be without prejudice to the copyright or other right of a third party to the Audiovisual Programme(s).

The provision of Audiovisual Programmes implies, on the User’s behalf, acceptance of the non-exclusive and non-transferable usage rights.

Users may not under any circumstances consider that they own the digital files corresponding to Audiovisual Programmes.

Any partial or whole reproduction of Audiovisual Programmes, on any media, is prohibited. Failure to comply with this prohibition constitutes an infringement and may result in civil and criminal penalties.

Digital files on the Website and/or Application may be protected by technical protection and information measures, namely protection systems to control their use and, in particular, their duplication.

Users expressly acknowledge and agree that technical protection and information measures may limit their access to one or more Audiovisual Programmes and the use of these. Users further agree to the automatic updating of technical protection and information measures, and any associated consequences.

Technical protection and information measures are governed by the French Code of Intellectual Property. Users agree not to take any action to circumvent or undermine the techniques for controlling digital content. Any attempt to bypass these measures is liable to penalties under this same Code.

14. Responsibilities and obligations

14.1. Company responsibilities and obligations

Access to the Website is continuously subject to periods of maintenance and repair, updating of servers and possible one-off interruptions. Users will be notified of any interruptions to Services via the Website at least 24 hours before they occur, except when such interruptions are urgent.

It is expressly understood that the Company will in no way be held responsible for any damage suffered by the User and/or any third party due to:

  • any site unavailability and in general, any technical fault due to an external cause
  • a case of force majeure.

Users understand and agree that the catalogue of Audiovisual Programmes offered by the Company is constantly evolving, especially in terms of broadcasting rights of these Programmes, which are negotiated annually, and as a result the Company cannot guarantee absolute or continued and unlimited availability of all Audiovisual Programmes.

In the case whereby the Company would be liable, compensation will apply only to direct, personal, damage, including but not limited to any damages and/or indirect and/or immaterial, punitive or consequential damages, such as, in particular, loss of profit, commercial, moral and financial damages, loss of clients, loss of opportunity and loss of profits that are caused by, originate from, or are founded upon use of the Website and Services.

In any event, the Company may not be held liable for negligence or any act attributable to the User, a third party or in the event of force majeure.

14.2. User Responsibilities and Obligations

Users agree not to circumvent or undermine the technical measures to protect digital files as well as, if applicable, any device with the same objective, and does so particularly in respect of Article 13 of these Terms.

As is the case with any Internet user, Users are responsible for protecting their Computer Equipment, in particular against any form of contamination by viruses and/or attempted intrusion and the Company may under no circumstances be held responsible.

Users are solely responsible for the use of their account.

To ensure the security of their account, Users agree:

  • not to disclose their login or password to third parties;
  • to take all necessary precautions to avoid third parties gaining access to their account;
  • to use a personal email address and not share this email.

The lending, sharing, exchange, donation, purchase, transfer and sale of accounts are forbidden.

If Users have reason to believe security has been breached, including loss, theft or unauthorised use of their login IDs and/or passwords, they agree to immediately notify the Company.

Users agree not to use loopholes, computer bugs or any other form of error to gain advantages when using the Website.

Users agree not to interfere with or disrupt the proper functioning of the Services. Users specifically agree not to use the Services for promotional and commercial purposes.

Users are solely responsible for the operation of their Computer Equipment. The Company shall in no event be liable if Services offered by the Website prove to be incompatible or dysfunction with certain software, configurations, User operating equipment or systems.

Users guarantee the Company against all actions, claims, demands or opposition from any person claiming an intellectual property right or an act of unfair and/or parasitic competition that would relate directly or indirectly to the use of the Service by Users.

15. Hyperlinks

Hyperlinks on the Website may link to other websites or other information managed by partner websites. When the Company may not exercise any control over such sites, it cannot be held liable if the content of such other sites derogates from the laws and/or regulations in force.

16. Evidence

Unless proved otherwise, the data recorded by the Company constitutes proof of all transactions between the Company and the Users. The transaction history of the last 12 months can be consulted by the User at any time on the Website in the “My Account” tab.

17. Review of general conditions

The Company reserves the right to modify these Terms at any time and at its sole discretion. Users will be informed by any means of the new Terms, which they shall accept if they wish to continue using the Website and the Services.

18. Validity of general conditions

If one or more provisions of these Terms are held to be invalid or declared as such under any law, regulation or following a final decision of a competent court, other provisions shall remain in full force and be upheld.

The Company will replace the clause declared null and void with a new provision which will be as similar as possible to the original in terms of content and so as to balance the clause that was originally put forward.

19. Miscellaneous

19.1. Failure to require or force users to carry out some of the provisions of these Terms or the failure to assert any right under these Terms shall be construed as a waiver on the part of the Company's right to require or to impose the implementation of these provisions.

19.2. Users agree that the Company may assign this Contract, in whole or in part, at any time. The transfer will take effect on the date of notification of this sale to the User, by any means. However, the User may not assign, transfer or grant any rights or obligations of these Terms without the prior written consent of the Company.

20. Applicable law for disputes

These Terms are subject to French law.

21. Contact, support and claims

For questions or information on Programmes or to make a claim relating to the corresponding order, Users must contact the Company using the email address: webmaster@medici.tv.

The Company shall respond promptly to questions or queries.

In the event of a dispute on commercial transactions and to justify the amounts due, claims must be sent by email using the contact email “webmaster@medici.tv” within 30 days of the date of the disputed transaction. This 30-day period is intended to allow the parties to reach an amicable solution and does not deprive Users of their right to possible legal action. The application will be reviewed by the Company, which shall respond promptly. However, for this request to be processed properly, the following absolutely must be provided:

  • subject of the claim;
  • details provided in the registration form;
  • complete contact information (name, address, email address, phone number);
  • date of the order;
  • reference of the order and of the transaction as included in the confirmation email sent to the User after each order.

Failing any of the above, the application will not be processed.

Legal Terms

MUSEEC, registered company with capital of €1,642,525, registered with the Paris Trade and Company Register under number 520 227 240 00030, whose registered office is located at 54, rue de Paradis, 75010 Paris.

  • Intra-Community VAT no.: FR38 520 227 240
  • CNIL: 1477675 v 0
  • Email address: help@medici.tv
  • Telephone: +33(0)179 743 154

medici.tv, a project designed by Hervé Boissière
Head of publication: Margot Gillette

Host: Claranet Sasu
Registered office: 18-20 rue du Faubourg du temple, 75011 Paris
Telephone: +33(0)170 137 000

In partnership with ROLEX
With the support of the European Union MEDIA Programme and the CNC (French National Consumer Association).
MUSEEC is a member of Cap Digital, ESML and IMZ.
This service respects copyright. All rights of authors of protected works reproduced and communicated on this website are reserved. Any unauthorised use of works other than individual and private reproduction and consultation is prohibited.

© MUSEEC SAS - 2017