- Preamble and Terminology
FRANCE TELEVISIONS PUBLICITE,
A public limited company with capital of €38,100, whose registered office is located at
64-70 avenue Jean-Baptiste Clément,
92100 Boulogne-Billancourt, France
Registered with the Companies and Trade Register of Nanterre under number 332 050 038
Tel: (+33) 1 56 22 62 00
Operating the following website:
- francetvpub.fr, accessible at the following URL: https://www.francetvpub.fr/
Hereafter referred to as the “FRANCE TELEVISIONS PUBLICITE Website” and whose Publication Director is Mrs Marianne Siproudhis.
FRANCE TELEVISIONS PUBLICITE reserves the right to modify or delete all or part of the FRANCE TELEVISIONS PUBLICITE Website without notice and without first informing users, whether the users are individuals or legal entities and regardless of their attributes and business, of the FRANCE TELEVISIONS PUBLICITE Website (hereafter the “User(s)”). FRANCE TELEVISIONS PUBLICITE may not be held liable vis-à-vis Users or any third party relative to a modification made to the FRANCE TELEVISIONS PUBLICITE Website.
For the purposes of these general terms and conditions of use:
“T&C or General Terms and Conditions of Use” means the terms set out herein, accepted by the Users, and that govern access to and the use of the FRANCE TELEVISIONS PUBLICITE Website.
“Content” means, by extension, the content and elements that constitute the FRANCE TELEVISIONS PUBLICITE Website, notably the photographs, images, texts, articles, illustrations, sounds and videos.
“Services” means the services that can be accessed on and/or from the FRANCE TELEVISIONS PUBLICITE Website and that are published by FRANCE TELEVISIONS PUBLICITE.
“Partner Services” means the services published by third-party partners and that can be accessed on and/or from the FRANCE TELEVISIONS PUBLICITE Website notably via hypertext links located in different sections.
- Scope of application of the general terms and conditions of use of the France Télévisions Publicité Website
2-1. Acceptance of the General Terms and Conditions of Use of the FRANCE TELEVISIONS PUBLICITE Website
The applicable T&C are those in force on the date the User connects to the FRANCE TELEVISIONS PUBLICITE Website. It is to be noted that FRANCE TELEVISIONS PUBLICITE may freely amend the T&C at any time. These modifications are brought to the attention of Users by simply being placed online. They are therefore considered to be accepted unconditionally by any User who accesses the FRANCE TELEVISIONS PUBLICITE Website after said modifications are placed online. Users are therefore invited to consult them upon each visit in order to read the latest version available on the FRANCE TELEVISIONS PUBLICITE Website.
2-2. Specific terms
If a contradiction exists between these T&C and the said specific terms, the specific terms will take precedence over the T&C.
2-2.2 Partner Services
The FRANCE TELEVISIONS PUBLICITE Website also allows access to third-party services published by partners in the form of hypertext links inserted in different sections of the FRANCE TELEVISIONS PUBLICITE Website, transferring the User to the websites, content and services published by said partners. The Partner Services may be accessed via advertising elements (banners, videos, etc.) to be clicked on.
The User hereby acknowledges that the Partner Services are in no way related to FRANCE TELEVISIONS PUBLICITE. Consequently, any use of the Partner Services via the FRANCE TELEVISIONS PUBLICITE Website will be exclusively subject to the terms and conditions of use and/or sale specific to each Partner Service.
FRANCE TELEVISIONS PUBLICITE may not be held liable for the accessible content, all of the offers, the information viewed or transactions completed regarding the Partner Services. Similarly, FRANCE TELEVISIONS PUBLICITE does not offer any guarantee regarding compliance by the publishers of the Partner Services with the regulations in force for which they alone are liable.
- Required configuration and technical conditions
FRANCE TELEVISIONS PUBLICITE may be called upon to define restrictions, notably technical restrictions, and may not be held liable in this regard, for the proper organization and performance of the Service(s), which the User hereby accepts.
- Access to the FRANCE TELEVISIONS PUBLICITE Website
4-1. Access to the website
Access to the FRANCE TELEVISIONS PUBLICITE Website is free of charge and is available 24/7.
FRANCE TELEVISIONS PUBLICITE endeavours to provide quality access and allow the User to use the communication means made available to said User under the best conditions possible.
Due to the nature and complexity of the internet, FRANCE TELEVISIONS PUBLICITE makes every effort, in accordance with best practices in the field, to allow the FRANCE TELEVISIONS PUBLICITE Website to be accessed and used. FRANCE TELEVISIONS PUBLICITE is not able to guarantee unlimited accessibility or availability of the FRANCE TELEVISIONS PUBLICITE Website.
However, FRANCE TELEVISIONS PUBLICITE reserves the right to temporarily or definitively shut down the FRANCE TELEVISIONS PUBLICITE Website, notably and without limitation, for updates, maintenance or modifications on the servers, without notice, and with no compensation due to Users in this regard.
FRANCE TELEVISIONS PUBLICITE may not be held liable for any type of damage that may result from these changes or the temporary unavailability or definitive shutdown of all or part of the FRANCE TELEVISIONS PUBLICITE Website or related services.
FRANCE TELEVISIONS PUBLICITE reserves the right to complete or modify the FRANCE TELEVISIONS PUBLICITE Website and services available thereon in line with technological changes at any time. It is incumbent on the User to watch for potential upgrades of IT and transmission tools available to said User so that they can adapt to changes on the FRANCE TELEVISION PUBLICITE Website.
4-2. Use of third-party publishers’ logins
Access to certain features or services, particularly community services, may be subject to the use of logins for third-party services such as Facebook, Twitter, Google and/or LinkedIn.
The User’s connection with specific logins to these different social networks or, if applicable, the creation of a specific account for each social network will be required for all community features that imply an interaction with said social networks.
As provided in Article 2.2.2 regarding Partner Services, the creation and use of these accounts will be governed by the terms and conditions of use specific to each third-party publisher, and FRANCE TELEVISIONS PUBLICITE may not be held liable in this regard.
- Personal data
5-1. User rights
The personal data collected when a User account is created and used are intended for FRANCE TELEVISIONS PUBLICITE’s internal departments and are processed solely for the purposes set out in each form.
Pursuant to French Law No. 78-17 of 6 January 1978 relative to data protection and civil liberties, as amended, Users may access their data, rectify said data, ask for the erasure thereof or exercise their right to restrict the processing of their data.
These rights may be exercised at any time by writing to FRANCE TELEVISIONS PUBLICITE’s Data Protection Officer at the following address: firstname.lastname@example.org.
If a User believes his or her “data protection and civil liberties” rights have not been complied with, the User may file a claim with the CNIL.
Users may consent to audience-measuring cookies being installed on their browser software. For more information on cookies, Users may access FRANCE TELEVISIONS PUBLICITE’s Cookie Management at: https://www.francetvpub.fr/gestion-des-cookies/.
- Intellectual property rights
All of the elements constituting the FRANCE TELEVISIONS PUBLICITE Website (notably the structure, all texts, photos, videos, data, displays, logos, trademarks and other elements that are reproduced) are reserved and protected by intellectual property law, notably copyrights, neighbouring rights and trademark rights.
FRANCE TELEVISIONS PUBLICITE grants Users authorization at no cost that may not be transferred, and is not exclusive but personal and private, to use FRANCE TELEVISIONS PUBLICITE’s Services and Website for a use that is strictly personal and private, and which strictly complies with the terms and conditions of use set out herein.
Legal action may be taken in the event of any unauthorized use of all or part of the elements of FRANCE TELEVISIONS PUBLICITE’s Services and Website, notably the videos (hacking, infringement, circumvention of broadcasting restrictions, etc.).
Users, regardless of their attributes or business, are expressly prohibited from implementing a systematic search engine optimization system for all or part of the Content on the FRANCE TELEVISIONS PUBLICITE Website, notably via deep hypertext links, for the purposes of offering on any other website, service or application the listing of said content intended for the public for any purpose, in particular for commercial ends.
FRANCE TELEVISIONS PUBLICITE and FRANCE TELEVISIONS PUBLICITE INTERNATIONAL are trademarks registered in France and other countries. The use and reproduction of the names and/or visuals registered by FRANCE TELEVISIONS PUBLICITE are prohibited without its express approval. In general, any unauthorized reproduction of trademarks or names of products, services or companies mentioned on the FRANCE TELEVISIONS PUBLICITE Website is deemed an infringement.
- Liability and warranties
Users acknowledge that FRANCE TELEVISIONS PUBLICITE has an obligation of means regarding the provision of the Services and will make every effort to guarantee access to the FRANCE TELEVISIONS PUBLICITE Website and Services. This access may be suspended for maintenance or upgrades to ensure the FRANCE TELEVISIONS PUBLICITE Website works properly, and FRANCE TELEVISIONS PUBLICITE has no obligation to inform the Users thereof beforehand.
FRANCE TELEVISIONS PUBLICITE therefore does not offer any guarantee related to the risks of interruption or a malfunction that occurs upon connecting, due to network and/or IT system congestion or the intrusion of unauthorized third parties and contamination by potential viruses circulating on said networks and services.
FRANCE TELEVISIONS PUBLICITE may not be held liable if an interruption or alteration in the quality of the FRANCE TELEVISIONS PUBLICITE Website and Services is caused by a force majeure event. Force majeure events are considered to include exceptional storms, natural disasters, fires and floods, lightning, attacks, shutdowns and blockages of electronic telecommunication networks, damage caused by viruses for which the security means available on the market do not allow for the eradication thereof, as well as any legal or regulatory or public order obligation imposed by the competent authorities and that results in a substantial modification of these T&C, or any other force majeure or fortuitous event, as defined in the laws in force and the case law of the French Court of Cassation.
FRANCE TELEVISIONS PUBLICITE undertakes to take every measure to guarantee the truthfulness and accuracy of the information available on the FRANCE TELEVISIONS PUBLICITE Website, but may not be held liable for the inaccuracy thereof, nor the use or interpretation thereof by Users.
In general, the User holds FRANCE TELEVISIONS PUBLICITE harmless from and against any recourse or legal action, and the potential monetary consequences thereof, initiated by any person on the grounds of or that directly or indirectly results from said User’s acts or the User’s use of the FRANCE TELEVISIONS PUBLICITE Website, as well as any alleged violation of the T&C or the regulations in force, and holds FRANCE TELEVISIONS PUBLICITE harmless from and against any recourse, including litigation, that may result therefrom. This guarantee covers the damages that may be due as well as a reasonable amount of the legal fees and court costs.
- Protection of the FRANCE TELEVISIONS PUBLICITE Website
Users must refrain from using any device or software that may alter, impede or distort the operation of the Services and the FRANCE TELEVISIONS PUBLICITE Website, and from introducing any data in an automated data processing system that belongs to FRANCE TELEVISIONS PUBLICITE that may alter, impede or distort the normal operation of the Services and the FRANCE TELEVISIONS PUBLICITE Website, and, in particular, from circumventing the restrictions on use defined in these T&C.
- Limitation of liability
FRANCE TELEVISIONS PUBLICITE offers no guarantee as to the performance of and changes to the FRANCE TELEVISIONS PUBLICITE Website and the Services that may occur in light of the quality of the internet network and/or technical configurations, which are outside of its control.
FRANCE TELEVISIONS PUBLICITE may not be held liable for any direct or indirect damage, including, notably, loss of profit, clientele, data or any other loss of intangible assets, a shortfall or any other loss or damage that may result from the use of or, on the contrary, the inability to access the FRANCE TELEVISIONS PUBLICITE Website, even if FRANCE TELEVISIONS PUBLICITE has been informed that such damage is possible.
- If FRANCE TELEVISIONS PUBLICITE is deemed liable further to a breach of any of its obligations under these General Terms and Conditions of Use, the damages may only compensate direct, personal and proven damage, and expressly exclude the compensation of any indirect and immaterial damage and/or prejudice, such as a financial prejudice, commercial prejudice, operating loss, loss of turnover and loss of data.
- Specific recommendation for international users
FRANCE TELEVISIONS PUBLICITE authorizes access to the FRANCE TELEVISIONS PUBLICITE Website from any country, subject to the local laws in force and applicable restrictions. A User who accesses the FRANCE TELEVISIONS PUBLICITE Website from a computer terminal located outside of French territory expressly acknowledges that he or she has read, understood and unconditionally accepted the terms of these T&C, and undertakes to comply with local laws and all restrictions that apply in the relevant country.
Some content present on the FRANCE TELEVISIONS PUBLICITE Website cannot be accessed from certain countries (“Excluded Territories”), notably due to territorial restrictions imposed by right holders or restricted broadcasting rights. Therefore, Users who access the FRANCE TELEVISIONS PUBLICITE Website from computer terminals located in Excluded Territories must refrain from using any system to circumvent the localization measures for the purpose of allowing access to this content on these territories.
In the event of difficulties in interpretation arising as a result of a contradiction between any of the headings set out above the clauses and any of the clauses themselves, the headings will be considered not to exist.
If any of the terms of these T&C are found to be illegal, invalid or inapplicable for any reason whatsoever, the term or terms in question will be deemed not to exist, and the remaining terms will retain their full force and effect and will continue to apply. The terms deemed not to exist will be replaced with terms that are as similar as possible, in terms of their content, to the clause that has been cancelled.
- Contractual document
These general terms and conditions of use of the website cancel and replace all quasi-contracts, implicit and explicit undertakings, and promises that have the same subject matter as these general terms and conditions of use.
- Applicable law
These general terms and conditions of use for the FRANCE TELEVISIONS PUBLICITE Website are governed by French law.
WHEN THE FRANCE TELEVISIONS PUBLICITE WEBSITE IS USED BY CLIENTS WHO ARE MERCHANTS, AND IN THE EVENT OF A DISPUTE RELATIVE TO ALL RELATIONS OF A CONTRACTUAL OR EXTRA-CONTRACTUAL NATURE, THE COMMERCIAL COURT OF PARIS HAS JURISDICTION, NOTWITHSTANDING THE PRESENCE OF MULTIPLE DEFENDANTS OR THE INTRODUCTION OF THIRD PARTIES.