These present Terms are entered into by and between the company QWEST MEDIA., whose registered address is 20 rue Chaudron – 75010 Paris (hereinafter “Qwest Media”) and Users.
Any connection at this Website is an express acceptance of the Terms presented herein, that any user, member registered on the one hand, and any other person on the other hand, declares recognize and accept.
If any person does not wish to be bound with all or part of the Terms herein, do not use, access or browse this Website.
Qwest Media may modify these terms and conditions at any time and such and all modifications shall be effective immediately upon being publicized. Your access or use of this site shall be deemed your conclusive acceptance of the modified terms and conditions. In the case of any violation of these terms and conditions, Qwest Media reserves the right to seek all remedies available at law and in equity.
“Identifying” means the process by which registered member log in to access at its personal account.
“Registration” means the process by which a user creates a personal account.
“Password” means the password chosen by the User to access at its Personal Account or the automatical password in the particulary case of creation by Qwest Media of the Personal Account;
“Connexion Data” means the password and the identifier permitting to Registered Members to access to their personal account.
“Website” means the Website accessible by the URL adress: https://qwestmedia.fr
“User” means any person with the full legal capacity and using one/all service(s) concerning the Website, as a register member or as a simply user.
“Register member” means all physical persons have had the autorisation to create a personal account in the Website.
“Simple user” means all physical persons using the Website without creating a validated account by Qwest Media.
“Screening Room” means on-line viewing device available for Users.
“Request” means the process by which a Registered Member make an individual request to access at Private element authorized.
“Film(s)” means all repertoried long Motion Picture(s) in the Website and all elements associated to this/their Picture(s), defined without limitation as all informations, posters, extracts, trailers, pictures, synopsis, streaming, etc.
“Library” means all Long Motion Pictures and/or audiovisual Programs appaering in the Website, collectivly and together.
“Personal data” means all personal datas collected in connection with the Use of the Website.
“Personal account” means the personal account creating by all physical person and validated by Qwest Media after inscription.
“Content(s)” means all elements, in whatever form, in all diffusion or viewing mode, in public and/or private access, which appear in the Website.
“Wish List” means the wishes list created by any Registered Members by individual and/or collective requests.
“Hyperlinks” means all internet hyperlinks to others Web’s contents available by the Website and/or which gives access to the Website.
“Services” means all services available in the Website for the Users.
“Activity” means the society’s activity affiliated to the Personal Account of each Registered Member.
“Preferences” means User’s purchasing preferences concerning the kind of Programs (ex: drama, comedy, etc.)
“Public Content” means all available elements to any User of the Website, without any difference between the simply Users and the Registered Members.
“Private Content” means available elements to any Registered Members, made available with Qwest Media’s authorisation.
“Authorized Private Content” means available elements to Registered Members upon individual request (« upon request ») subject to prior Qwest Media’s authorization.
“Public Content”, “Private Content” and “Authorized Private Content” are together defined to as “Content”
II.3 Presentation and Access of the Services
Qwest Media is an independent company, which the main activity is the international sales, distribution and production of Long Motion Picture and/or other audio-visual works/programs (thereafter the “Programs”) in France and/or abroad.
Qwest Media manages its Library of contents coming from Qwest Media’s audiovisual materials, which comprises among others promotional and marketing documents, as well all materials and audiovisuals elements associated to the Programs, all information associated to the Library, all information associated to the Society’s activity, the festivals or any prices, and all others contents accessible through the Website.
Qwest Media offers to Users of the Website access (i) to Public Content upon connecting of the Website after connexion to the Website, to Public Elements, and/or (ii) to Private Contents subject to User’s Registration and/or (iii) to Authorized Private Contents upon request of any Registered Member.
This Content available upon Website’s devices is curated and uploaded by Qwest Media, at its sole discretion.
The Website has the purpose of offering general information to any User having access to the internet and specific services to professionals associated to (i) a commercial company having entered into an Agreement with Qwest Media and/or (ii) to professionals who might acquire distribution and/or sales rights from the Library.
Access to some Content is subject to Qwest Media authorization to one specific individual or all individuals affiliated to a company.
It is up to Qwest Media to determine the Content available to Registered Members.
The Qwest Media’s Library is composed by the Program(s) for which Qwest Media has lawfully acquired, in accordance with the applicable law.
Qwest Media warrants to any Users that access to all elements and/or contents from the Website are authorized to appear in accordance with the rights vested in Qwest Media for the Programs of the Library.
II.3.3 Access to the Site
Any Users must have a full legal capacity and have the legal majority at the day of first use of the Website.
In case of doubt, Qwest Media reserves the rights to ask any proof to the person involved. All Users must have an internet connection to access the Website, understanding that the cost of said Internet connection is borne by the User only.
All Users must also have the adequate equipment and protections, including anti-virus software and anti-spyware, necessary to the connection and the use of the Website. Qwest Media does not warrant access to the Website upon all terminals of reception.
The Use and the access to certain elements of the Website may be subject to the creation and the validation of a Personal Account (the « Personal Account ») by the User, understanding that the creation of such Personal Account does not necessary imply an access to all elements of the Website.
Users undertake to respect any and all stipulations of the present Terms, and prohibit from using the Website to the purposes of:
In case of any breach of the interdictions above, Qwest Media has the right to enforce all stipulations and/or sanctions in accordance of the Article II.11 below.
In case of any damage and/or any breach of the present Terms, the responsibility of the Users may be held liable by Qwest Media.
II.4.1 Registered Member
The Registered Members are all physical persons, associated to a company, who have created a personal account and obtained an authorization from Qwest Media to create this account.
These authorized members have access to Public Elements, without limitation, and also to Private Elements which can be limited by individual decision of Qwest Media and which are prohibited for a simply Users.
Qwest Media shall determinate, individually and at its sole discretion, the Private Elements which will available for each Registered Member, in consideration of the company to which he belongs, and also of the Picture(s) upon which Qwest Media and the Member may be required to work closely.
No claims may be raised against Qwest Media concerning access to elements. Qwest Media being entitled to determine access’s authorization as well as coverages and limitations associated to Private Elements of the Website.
All access rights given by Qwest Media to Users concerning Private Elements as a whole may be cancelled at any time by Qwest Media at its own discretion.
The Users other than Registered Members are only simple Users of the Website.
These Users must respect all general obligations under the present Terms, with the exception of specific provisions concerning only Registered Members and expressly specified as such.
It is expressly reminded that the access to and/or any use of the Website shall imply the Users’ tacit acceptance of all provisions of the present Terms.
II.5 Personal account
II.5.1.a Creation & Informations
Use of the services and/or elements with limited access requires the prior creation of a Personal Account, in accordance with Articles II.5.1 to II.5.3 below.
Before any inscription process, the User must verify if its company from which he is an official and legal affiliate is especially authorized to access the Personal Account’s creation.
Qwest Media reserves the right to authorize members’ registration to individuals who are or have entered into commercial relation.
Before registering, the User can verify whether the company he/she works for is already registered on the Website, browsing through the company list by entering his/her company name in the search box.
In any case, User must communicate the required information in the tab “Register”, and in particular: his/her surname, first name, email adress, country, company, position in the company, first country of acquisition, activity rights, etc and indicate if she/he wishes to receive Qwest Media’s informations by email.
In some particular cases, Qwest Media can create the Personal Account on behalf of the User, provided that Qwest Media has all necessary information to do that and with the express consent of the User.
In this case, authorization is deemed being given to Qwest Media and the User will receive a confirmation of creation by email providing him with a Login and an automatical Password, which will be her/his Connection Data.
After any validation of the Personal Account’s process, User is liable with all or part of information provided in the registration form (“Register” form in the Website). Its validation of the process is effective after confirmation of the registration by the User, materialized by the User ticking the “Sign up” button.
It is expressly stated and reminded that Personal Account’s creation is subject to a condition of affiliation to a company with commercial links with Qwest Media.
In the inscription process the User warrants that all information given are actual, sincere and correct, until acceptation of creation by Qwest Media and throughout the entire duration of the use of this Personal Account.
The User undertakes to inform Qwest Media of any changes in her/his situation and to update his/her information every time his/her situation changes.
If Qwest Media finds out that all or part of the information communicated during the registration is erroneous or incomplete, Qwest Media reserves the right to modify the information and/or to suspend and/or to close the Personal Account and/or to block any new access and/or use of the Website, in accordance with Article II.16, without prejudice to any other remedy or action.
Inscription of any User is subject of the respect of the following cumulative provisions:
Any additionnal data may be requested by Qwest Media, at its sole discretion.
The User has performed the validation of the registration and acknowledges that the effective registering shall be subject to the prior authorization of Qwest Media, in accordance with the provisions listed in Article II.5.2 below:
II.5.2 Acceptation by Qwest Media
At the end of the registration process, Qwest Media will exercise its right of authorization for the creation of the Personal Account. This right will be exerciced for all inscription process on the Website without exception.
Qwest Media is entitled to deny the creation of any Personal Account at its sole discretion without any justification required.
It is expressly stated that the creation of a Personal Account can be cancelled at any time by Qwest Media.
If the User’s request to create a Personal Account is accepted by Qwest Media, the User will receive a confirmation email upon his/her electronic address.
The Registration implies the express and unreserved acceptance by the Registered Member of the present Terms. The Registered Member undertakes to keep a copy of these Terms on a durable medium.
II.5.3 Responsability and Security
The Login and Password (the “Connection Datas”) are personal datas, individual and confidential, which the Registered Member is solely responsible.
The User shall take all precaution for protect Connection Datas and to avoid the risk of any third parties from having access to it and undertakes not to divulgate their datas to any third party.
To guarantee his/her Personl Account’s security, the Registered Member undertakes:
Lending, sharing, exchanging, donating, buying, transferring and selling a Personal Account is strictly prohibited. All lending, sharing, exchange, donation, buying, transfer and sell of Personal Account shall not be considered against Qwest Media and shall be punished in accordance with Article II.11 of the present Terms.
The User is solely responsible for his/her Personal Account and its use. Any connection, use and/or transmission of any order or data made using his/her Personal Account will be considered having been made by the User and under the User’s exclusive responsability.
For any information and/or inquiries related to confidentiality or security of the data related to Personal(s) Account(s), please contact: firstname.lastname@example.org
II.6 Use and Access to Screening Room
In some particular cases determined by Qwest Media at its sole discretion, all Users will have access to Public Content uploaded to the Screening Room.
Registered Members will have access to Private Contents uploaded to the Screening Room subject to the following provisions:
The Screening Room provides a limited access to certain Contents and is always subject to prior authorization by Qwest Media.
It is expressly reminded that authorization to create Personal Account given by Qwest Media does not grant access to the Contents in the Screening Room.
It is expressly reminded that all Content of the Screening Room are the exclusive property of Qwest Media and/or its successors or assigns, which be able to modify, remove, add, etc the elements of the Screening Room at any time, at ist sole discretion.
II.7 Intellectual Property
All services and Content on the Website and on the Screening Room (including without limitation texts, pictures, photographies, logos, video, trademarks, datas, programs, downloadable programs, names, references, trailers, line-up, etc.), and also the general structure of the Website, the software and the data bases used are protected under copyright, neighbouring rights and more generally by common civil liability law as well as applicable international treaties.
Qwest Media and/or its successors and assigns, are the sole and exclusive rights holders for all intellectual property rights pertaining to the listed Content and in particular regarding the Library presented on the Website.
Accordingly, unless Qwest Media gives its prior and written approval, Users undertake not to reproduce, represent, display, disseminate, modify, publish, transfer, adapt, by any means, all the elements on the Website and/or the Website, and compile, decompile, distribute, disseminate, reverse, affect, resell, rent, sub-rent or transfer any services and/or elements of the Website.
The User undertakes not to erase or modify the credits, logos, copyright or trademark notices on the materials and/or documents that he/she orders and that are delivered to him/her by Qwest Media and/or downloaded from the Website.
The User warrants that he/she will respect these Intellectual Property rights and all others rights mentioned in Law and/or in the present Terms.
Qwest Media reserves the right and the possibility to take all appropriate action against any and all reproduction made in violation of Intellectual Property rights, French law and/or the present Terms.
Qwest Media cannot be held liable for the violation of Intellectual Property rights that might happen within Programs edited by third parties and possibly accessible through the Website.
Pursuant to the French data protection law, law n°78-17 « Informatique et Libertés », dated as of January 6th 1978 and updated on March 19th 2004, the processing of the Personal Data has been found to the Commission Nationale de l’Informatique et Libertés (CNIL) under the number : 1856806
Access, use and/or creation of a Personal Account in the Website are subject to the processing of the Personal Data that Users may communicate to Qwest Media through the Website or the Services.
In connection with the Website’s use, Qwest Media will in charge of processing personal data, which the User accepts.
Qwest Media undertakes to comply with all regulations and privacy in accordance with the law above referenced and all stipulations of French law. Qwest Media warrants all Users that the data collection will be lawful and fair.
The collected personal data are the following:
Personal data directly identifying the Users relates to all data enabling a direct identification and/or enabling to contact the User including without limitation the surname, first name, email adress, company, position in the company, etc.
The personal data collected are willingly provided by the Users who wish to access or to use the services and/or create a Personal Account. The creation of a Personal Account and/or any connection to the Website is subject to the processing of personal data, which the User accepts.
A simple connection and/or visit to the Website are not subject to the processing of personnal data.
These data are collected for the purpose of inscription, identification, creation and use of Personal Account of the Registered Member.
Personal data indirectly identifying the Users involve all data enabling an indirect identification including without limitation the IP address, demographic information (sexe, company, preferences, etc), web browser, domain name or others statistic data in connection with the use of the Website.
These data are collected to the security and protection purposes of the Website, Contents and/or Users and to develop the Services and access of the Website and to make statistic of the usage and management of the operations.
This Data could also be used in order to improve and customize access to the Users based on setting filled during the Registration.
The Personal Data collected will be kept during the time necessary to the purposes described in the present article and for the purpose of storing the necessary elements in case of Qwest Media’s contractual and/or tort liability is engaged. Beyond that period, only statistic anomymous data will be stored.
Pursuant to the French data protection law, law n°78-17 « Informatique et Libertés », dated as of January 6th 1978 and updated in March 19th 2004, any User has a right to access, modify, correct and delete the data related to him/her and collected on the Website. In this regard and provided he/she can prove his/her identity, the User can contact:
Mme Alexia Fernandez – 20 rue Chaudron (France)
The Website may contain hyperlinks directing to websites exploited by third parties and/or to contents from third parties, which are outside of Qwest Media’s scope and therefore not covered by the present Terms.
The present Terms are only and exclusively applicable to the Qwest Media’s Website.
Qwest Media is not responsible, in any case, for the quality, the correctness and the availability of these websites or their contents and/or their using and/or the treatment of personal data and cannot be regarded as approving, publishing or authorizing those websites or contents.
Accordingly, any question and/or claim concerning these websites must be addressed to the operators of said websites and implies only and exclusively their responsibility.
II.10.1 Obligations and Liability of Users
In accordance with the present Terms and all interdictions mentioned herein, any User undertakes:
The User warrants and agrees to indemnify Qwest Media, its executive officers, employees, partners, and/or any third party, against any and all damage, claim or demand from a third party and following the use of the Services by the User. This warranty covers the possible damages which may have to be paid as well as attorney’s fees and legal costs, in a reasonable measure.
User will be entirely and individual responsible without limitation of all use of the Website and/or their Contents and/or their Services contrary to the present Terms and all legal stipulations.
II.10.2 Liability & Engagement of Elle Driver
Qwest Media is responsible for the Content and/or Services of the Website which are also subject to complance of obligations by third parties. Qwest Media shall no be liable for any issue arising from violation of said obligation by the third parties. Qwest Media provides the Contents and Services “as is” at its sole discretion and gives no guarantee whatsoever.
Qwest Media doesn’t warrant in any case the availabity, access, quality and continuity of the Website and the error, bug or failure of the Contents, the Services and the Website.
Qwest Media reserves the rights to suspend access of the Website for any reason without prior information of the User.
Qwest Media can limit the number of Programs available or remove Programs from the Website at its own discretion, without any notice to the User.
The User acknowledges and expressly accepts that Qwest Media reserves the right to remove any Program, without notice or indemnity, in particular in order to conform to any demand or injunction from a judicial or administrative authority or from third parties alleging a possible infringement of their rights in relation to the use of the Website.
Qwest Media reserves the right to add, update, suppress or modify all or part of the Contents of the Website it edits or of the Services it proposes, without prejudice to the application of conditions possibly previously agreed upon.
In case QWEST MEDIA is held liable, Qwest Media’s liability is strictly limited to direct, personal, actual damages, at the exclusion of, without this list being a limitation, any and all indirect and/or consequential damage and/or loss, such as commercial loss, moral and financial loss, including any loss of profit for which the cause, origin or base is the use of the Website.
In any case, Qwest Media shall not be held liable when the damage was caused, in all or in part, by the User’s or a third party’s fault or act, or in the event of force majeure.
In case of breach by the User of any of the stipulations of the present Terms and any other stipulations of the Law, Qwest Media reserves the rights to suspend, definitely or temporarily, at all times, without any prior notice and at its sole discretion, access and use of the Personal Account, the Website, the Elements together and all services.
In case of definite suspension, the Personal Account will be closed and any new registration request may be blocked.
The aforementioned sanctions can be applied without prejudice of any and all action, civil or criminal, which might be started against the User by the public authorities, any third parties or Qwest Media.
II.12 Revision of the terms
Qwest Media reserves the right and possibility to modify all or part of the present Terms, in any times, without prior information to the Users.
Any modification of the present Terms will become effective on its publication’s day, and will be notify by modification of the date of “Last update” above the Preamble of the present Terms.
The Users must be aware to revised stipulations, which become effective on its day of publication. It is up to Users to stay informed diligently of any changes to the present Terms.
The present Terms will enter into effect at the Website publication’s date.
The Users are bound by the present Terms at the first connection of the Website, which is effective at the opening of any page of Website.
All connection to the Website implies full acceptance of the present Terms, without reserve or adaptation.
The present Terms are entered into by and between Qwest Media and Users for an indefinite term.
Only resiliation of a Personal Account by Registered Member and/or Qwest Media can put an end application of the present Terms.
However it is specified that the stipulations of the Terms will remain enforced to the extent that they govern the use prior to the day the resolution took effect, and in particular, the present Terms made available to the User prior to the day the resolution took effect.
For any questions, informations and/or reclaims, User can contact Qwest Media at:
Postal : 20, rue Chaudron, 75010 Paris (France)
Phone: 01 40 05 14 69
II.16. Validity of the Terms
If one or more stipulations of the present Terms are not or are said to be not valid pursuant to a given legislation, regulation or following a decision by a court which became final, the other stipulations will nonetheless remain in full force to heir full extent.
Qwest Media agrees to replace the clause that has been declared null and void with a valid and legal clause similar to the content of the initial clause.
The Account Personal resiliation shall be intent in any times, at request of Registered Member or by individual decision of Qwest Media, in the conditions set forth in article II.17.1 and II.17.2 below:
II.17.1 Member’s Resiliation
Any Registered Member can ask to terminate its Personal Account by simple written notification, sent by postal or electronic mail at:
20, rue Chaudron, 75010 Paris (France)
User gives a period of notice of one (1) month after the notification, necessary for the request traitment by Qwest Media. The Account Personal’s resiliation will be effective the day of sending by Qwest Media of resiliation confirmation’s email, to the electronic address of the Registered Member.
II.17.2 Qwest Media’s Resiliation
Qwest Media is free to close the Personal Account of any Registered Member if:
Qwest Media reserves the right to close the Personal Account of any Registered Member, at its sole discretion and at any times for any reasons without obligation of justification.
The Personal Account’s resiliation will be effective the day of receipt the emails notification by Qwest Media, to the electronic address of the Registered Member.
Any Use of the Website is supply to the present Terms until the effective day of the resiliation.
II.18 Applicable Law
Prior to any referral to the court of first instance, the User undertakes to inform Qwest Media of any difficulty by postal mail sent to Qwest Media 20 rue Chaudron – 75010 Paris (France) and to seek at Qwest Media’s request, an amicable solution.
In the event of the failure of the amicable solution, the courts of Paris (France) will be only qualified.
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