Cinecreation - Thierry JOURNET Entreprise Individuelle - Terms and Conditions (updated the 1st of January, 2020)

 

Preamble
 
By validating his order, the Customer declares to accept without reserve the whole of the general conditions of sale, here presented.
This translation is provided for better understanding by non-French speaking visitors purpose only. However, only the original french written version is valid for the application of the presented rules.

 
1 - Subject-matter and contract limits for Cinecreation products and services
 
By the term "Cinecreation", we designate in the rest of the document the service proposed on the site Cinecreation.fr or Cinecreation.com. This service is provided by Thierry JOURNET, "Entreprise Individuelle", the author, creator and sole provider of the proposed commercial activity. This document, producing a contract between Cinecreation and the Customer, is established for the sale of DCI video files in the form of DCP (hereinafter referred to as "DCP"), which can be downloaded online directly from a link provided by Cinecreation or deliverable by post on physical media (USB sticks, hard disks or optical disks). It is understood that Cinecreation does not assure its potential clients of a response or an immediate treatment of their requests, although it obviously does everything possible to satisfy them. In addition, Cinecreation reserves the right, in its sole discretion, to refuse access to any person or company to its websites, and to the offered services.
 
 
2 - Principles of operation
 
Cinecreation essentially proposes the creation of DCPs based on images and sounds provided by the client and which the latter claims to have the right to use, reproduce and publicly broadcast. Source images include still images, promotional materials, already composed or not, as well as video files, which the customer claims to have the right to use, reproduce and publicly broadcast, in one of the formats that Cinecreation declares Technically capable of managing. "Source sounds" means any soundtrack provided by the Client, which the customer claims to have the right to use, reproduce and publicly broadcast, for the purposes of representation in his own establishment. Cinecreation reserves the right to refuse any order if the source image format or source sounds provided by the customer is technically or legally non-compliant or if such source data can not be managed directly by its services.
In addition, DCPs produced from original Cinecreation source images may also be provided to the Client, either as part of a catalog offered on the website or as specific requests made by the Client.

 

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3 - Request Quotation, Fees & Rates

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Typically, the Customer makes contact with Cinecreation through the website of the same name. The customer requests a quote online and does not commit him to a purchase. This online quote request concerns the entirety of the services offered by Cinecreation: catalog of existing DCPs or special and customized request.

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3.1 - Communication and contact costs

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The tariffs of access to the website "cinecreation.fr" or "cinecreation.com" are only the responsibility of the customer. Similarly, the rates for telephone contact with Cinecreation are exclusively at the Customer's expense and can not give rise to any compensation. The customer is informed that the call number to Cinecreation is a non-surcharged number located in France but contracted with a mobile operator.

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3.2 - Data transfer charges

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Where the transfer of images or source sounds is not possible for technical reasons, the cost of shipping physical media containing the Customer's data to Cinecreation is at the sole expense of the Customer. On the other hand, Cinecreation charges Cinecreation's cost of postage on physical media containing a Cinecreation DCP to the Customer. Thus, in no case, no shipping charges, in one direction or the other, can be the subject of a request for refund, with Cinecreation, from the Client.

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3.3 - Prices for products and services

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The basic rates charged by Cinecreation will be clearly accessible and regularly updated on the site. For special requests, production tariffs must be studied by Cinecreation before being communicated to the customer in the form of a free estimate without obligation. This free and non-binding estimate, with a validity period of 6 weeks, will always be sent to the customer prior to any confirmation of order. It may take account of basic tariffs but also various operations of promotions and / or special conditions. The stability of its tariffs is ensured to the customer during the period of validity of the estimate, ie 6 weeks. Apart from this, at any time, Cinecreation reserves the right to modify or correct its basic tariffs.

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3.4 - Finalization of the Order

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After the agreement on the estimate, Cinecreation will work on the client's request until producing a video preview, low or high resolution, which will be sent to customer within the necessary processing time. At the customer's special request, a test DCP, identical to the final DCP but marked with the Cinecreation logo (to make it unusable in operation), may be exceptionally sent for testing in real projection conditions. After a 7-day withdrawal period and / or receipt of payment, the final DCP will be sent to the Customer electronically or by post, according to the DCP technical characteristics (mainly its size in terms of electronic data).

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3.5 - VAT Special provision

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In accordance with article 293 B of the CGI (french law dealing with "micro-enterprises"), the rates charged by Cinecreation are announced "HT - Hors Taxes", ie without any recoverable tax. The Customer can not recover a VAT that he has not paid for the purchase. Cinecreation shall not be held liable if Customer does not correctly integrate this purchase into its own accounts.

 

4 - Settlement

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Several methods of settlement are proposed:
- by direct bank transfer.
- by bank check.
The account used by Cinecreation is located in a French bank. This account is owned by the creator and provider of this service.

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5 - Technological and Internet-related risks

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Even if the problems are very rare and Cinecreation ensures, before any shipment, that no defects have been introduced in its DCPs, a computer or electronic error during creation or routing of DCP is still possible. The Customer expressly acknowledges these technological risks, related to the use of any audiovisual content on DCP media. He accepts those risks related to the characteristics of DCPs and limits of electronic data transfer. The Customer acknowledges that he must test on its own equipments and safely every product, sent by cinecreation, before any commercial operation, to ensure that no manufacturing defects have been introduced during production or routing. Cinecreation can not be held liable to the Customer for any direct or indirect material or commercial damage arising from the use of DCPs that Cinecreation created. The Client declares to know and accept the characteristics, limits and risks of the Internet, dematerialized and electronic data transmissions. The customer acknowledges that the transmission of his personal and / or confidential data takes place under his entire responsibility. Cinecreation can not be held responsible for the possible consequences in the event of non-delivery of e-mails or audiovisual data, in one way or another, prior to or after an order, due to a failure of the sending system of Mail and / or data transfers.

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6 - Intellectual property matter for Contents

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6.1 - License for Use of DCPs produced by Cinecreation

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For DCPs, which are called "cartons", intended to promote an event, produced from source sounds and images which the client declares to have rights of use, reproduction and public distribution and entrusted to him Cinecreation only re-use and transfer, Cinecreation grants the customer an unrestricted license to use, since he is the sole sponsor, owner and final distributor.
For Cinecreation-created DCPs (from original Cinecreation elements - essentially "control jingles") : Cinecreation grants the Customer a license to use, only on a particular cinema operation site. A cinematographic operating structure (a cinema, typically) is both clearly defined geographically (present on a single geographical site) and clearly defined in legal terms (a single, distinct economic entity). Under no circumstances shall a license to use a DCP produced by Cinecreation and granted for a particular site be tacitly deemed to be granted for other (geographically distant) sites, even if they are part of the same group or belong to the same owner. Any distribution extension for a DCP must be explicitly requested by the Customer to Cinecreation.

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6.2 - Intellectual Property dealing with Content provided by Customer to Cinecreation

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The Customer, the sole owner and distributor of the DCP product which has been delivered by Cinecreation, expressly declares that he possesses all the rights necessary to Use, reproduction and public projection of the images and sounds sources which it delegates to Cinecreation the only work of recomposition and / or transfer in the form of a DCP support. If necessary, the Customer must take the steps to acquire the rights that he / she may lack for the use of a particular graphic, video or sound content. Cinecreation, which is not a public final broadcaster of the contents that it handles, can not - and under no circumstances - be held responsible for a breach by the Customer of its own legal obligations to respect Copyright and intellectual property rights.

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6.3 - Intellectual Property dealing with Content provided by Cinecreation to Customer

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In the case of orders for original products offered on catalog, Cinecreation is and remains the sole owner of the animated or fixed images that it uses. Concerning the sounds and music, Cinecreation has made the choice to use only original musical pieces of which CInecreation is the author and / or under "Creative Commons-BY 2.0 or 3.0" license, unless otherwise stated explicitly and requiring the payment of additional rights. Thus, the DCPs produced by Cinecreation and using these music will scrupulously respect their licenses by systematically and clearly assigning to the screen during the projection the works to their authors as well as by citing the accompanying licenses. The Customer who purchases and distributes these DCPs also undertakes to abide by these licenses (which apply only to music) by allowing the public to know the origin of the music and how it was made available free of charge by their authors.

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7 - Customer's personal data and Cinecreation works rights to Use

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7.1 - Validity of electronic communications of personal data

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The Customer acknowledges the validity of the exchanges and electronic recordings made by Cinecreation, as well as a material and manuscript exchange. In accordance with the French laws on "data processing and freedoms", the personal data that the Customer confers to Cinecreation by electronic or postal means are deemed confidential. Such personal data shall only be used by Cinecreation to respond to the Client's request and may provide him with technical or commercial information about his services and only his services. Cinecreation undertakes not to communicate the data concerning the Customer to any third party. In addition, on request, the Client has access to the data concerning him / her permanently, with a view to their consultation, rectification or deletion.

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7.2 - Cinecreation internal advertising

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The customer accepts - a priori - that Cinecreation may use, on its website or self-promotion publications, part of the achievements made for him, to serve as an example and to illustrate Cinecreation own services. The customer also accepts - a priori - that his name or company name may be published by Cinecreation, for the same purpose of self-promotion. If the client wishes to oppose these practices, he may do so at any time by contacting Cinecreation and requesting that he no longer publishes any extracts from the work or removes references from his site.

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8 - Technical limits of treatment and use

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The service offered on the site Cinecreation allows the encoding of video files from source images and sounds. As such, it is up to the Customer to adapt the image and sounds to the precise and concrete needs of his situation. Cinecreation may, in certain cases and at the express request of the Client, make a first transfer of the source data to data exploitable by its services.

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9 - Confidentiality, Ethical guides and conflict prevention

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9.1 - Professional and business ethics are at the heart of Cinecreation's concerns.

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Each of the parties undertakes to consider as confidential, for Cinecreation's commercial service to its client, the documents, information, systems, software, know-how from the other party of which it may have been aware, and this , throughout the duration of the commercial service but also after the product or service has been delivered.

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In addition, Cinecreation undertakes to comply with the specific codes of conduct for its customers and, as specified in the previous paragraph, not to share, disclose or use any document, system, software or knowledge for any reason. -do, which he could have known during his professional relationship with his customers.

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Cinecreation is bound to respect the principle of free competition and offers its services and products at published prices in complete transparency. Within the framework of a normal but regularly repeated commercial relationship with a recurring customer, certain discounts may be granted to customers in the presence of evidence of a large number of orders and the regularity of these over a reasonably convincing period, and this , even without the signing of a contract between cinecreation and its client.

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Cinecreation can refuse a commercial collaboration with a customer that would lead it to violate the code of conduct of another of its customers.

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9.2 - Special case of Pathé Gaumont cinemas and other Pathé entities:

 

Cinecreation's DCPs production was born historically in 2011 from the desire of an employee of the Pathé Gaumont group to open up his professional horizons in the form of a micro-enterprise. Therefore, accepted and known since 2011 by the employee hierarchy, derives the following:

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-The salaried activities of the creator of the activity, which continue, are exercised on a local site of cinematographic exploitation and can in no case be confused (by their deep different nature) with the commercial activities of Cinecreation.

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These activities are aimed at other economic entities, which may be external or internal to the Pathé group, but always economically separate (different economic entities) from the cinematographic exploitation site on which the employee depends.

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- The employee (who is also the creator of Cinecreation's activity) undertakes to respect the code of good internal conduct at Cinémas Pathé Gaumont as part of his personal and strictly defined employment contract; which cannot include activities similar to those offered by Cinecreation. As a result, the separate economic entity on which the employee (and creator of Cinecreation) depends can in no case compensate him for commercial services that he does not have to provide in the framework of his contract salaried work. Cinecreation is in fact completely excluded from its origins from possible service providers for the only economic entity on which the employee depends directly, as well as for the own customers of this single economic entity.

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-Cinecreation undertakes to comply with the code of good conduct for Pathé Gaumont cinemas, as a supplier, by positioning itself fairly and commercially without benefit of any kind - on the grounds that the salaried position occupied by the creator of Cinecreation, does has nothing to do with the proposed commercial activity and does not allow him to have access to information which could allow him to obtain preferential treatment. There is likewise no direct subordination link within the framework of its employment contract with Cinecreation customers.

 

-Pathé customers constitute economic and hierarchical entities that are totally separate from the site on which the employee depends. Pathé Gaumont cinemas can only consider Cinecreation as a separate entity, like any other service provider, with no consideration other than their own commercial interests and their technical and qualitative requirements for the services and products they expect from Cinecreation.

 

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10 - Service Use, Suspension and Modification

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In case of non-compliance by the customer with the present contract, violation by the Customer of one of its essential obligations or shortcomings relative to the intellectual property rights on the DCPs, Cinecreation reserves the right to refuse any further cooperation and immediately suspend, without notice or justification, the service. In these circumstances, no refund will be payable by the customer. In addition, Cinecreation reserves the right to modify this contract at any time and without prior notice. Cinecreation also reserves the right to modify or interrupt the Service, provisionally or permanently, without prior notice. The Customer acknowledges that Cinecreation can not be held liable to him or to third parties for any modification, suspension or interruption of the Service. Customer acknowledges Cinecreation's right to establish conditions and limitations to the Use of the Service.

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11 - Applicable law and jurisdictions

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This contract is established in France and is subject to French law. In case of dispute concerning the application or interpretation of this contract, the parties agree in the first place and in good faith to seek an amicable solution. Failing this,  a french court to be determined will be competent only.

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