General Terms and Conditions for Use
These general terms and conditions of use (hereinafter "the General Terms and Conditions") are entered into between the company We Are Zaion, whose registered address is located at Via Lago Maggiore, 10 Schio 36015 Vicenza (hereinafter "We Are Zaion") and the User (hereinafter "the User").
1. Publishing and hosting of the XMAS Website
1.1. Publishing of the XMAS Website
The Website is published by the company We Are Zaion s.r.l.s
2. Purpose of the General Terms and Conditions
On its Website accessible at: http://wearezaion.com/xmas, (hereinafter "the Website"), We Are Zaion offers the User an entertainment service.
We Are Zaion reserves the right to add to, delete or modify all or any part of the Service that it offers.
We Are Zaion reserves the right to update, modify and/or delete all or any part of the Service at any time and without notice.
The purpose of these General Terms and Conditions is to govern the provision and/or access by the User of the Service and the use that he/she makes thereof.
The access to or use of all or part of the Service offered on the Website implies the User's full acceptance of all of these General Terms and Conditions.
The User thus confirms that he/she has read and understood all of these General Terms and Conditions before using the Service. The User undertakes to comply with these General Terms and Conditions.
Acceptance of the General Terms and Conditions excludes application of any different or otherwise contrary provision. The provisions of these General Terms and Conditions shall prevail in all cases.
Acceptance of these General Terms and Conditions is evidenced by the mandatory "ticking" of the box for accepting the General Terms and Conditions "I have read and agree with the General Terms and Conditions for Use". We Are Zaion offers the User the opportunity to download these terms and conditions as a PDF document. The User undertakes to save a copy of them on a durable medium.
By clicking on the button "I have read and agree with the General Terms and Conditions for Use", the User acknowledges that he/she has the legal capacity to enter into such an agreement or that he/she has the permission of the authorised person.
Any use of the Service that is contrary to the General Terms and Conditions is prohibited.
The General Terms and Conditions for Use constitute the entire agreement entered into between the User and We Are Zaion.
In the case where the User is a minor, he/she represents and acknowledges having obtained permission from his/her parents or guardian(s) in order to sign up for and use the Service. The guardian(s) has (have) agreed to be responsible for complying with all of the provisions of these General Terms and Conditions for Use. This is why the parents (or guardians) are asked to monitor their children's use when accessing the Service and to keep in mind that the Service in question is intended to reach a wide audience and that, as parents or guardians, it is their responsibility to determine which service is or is not appropriate for their child (children) and to monitor how they use it.
In order to access the Service, the User must have an Internet connection. Any and all Internet connection fees are the full responsibility of the User.
We Are Zaion does not make any commitment to the fact that the Service will be accessible on all terminals for visiting the website, such as laptops, smartphones, tablets or other media.
The User is informed that when accessing the Service using a mobile phone or terminal, certain technical constraints namely related to the operators and their networks may restrict the conditions for accessing and visiting the website that offers the Service.
3. Protection of personal data
3.1. In accordance with amended Law No. 78-17 of 6 January 1978, relating to computers, files and freedoms, We Are Zaion informs the User that it respects the confidentiality, integrity and security of the data that the User may have to send We Are Zaion through the Website or the Service.
Any personal data that directly identifies the User, including: first name, surname, postal address, e-mail address and telephone number, or indirectly identifies the User, is considered under the applicable law as confidential data and will be treated as such.
Use of the Service involves processing personal data for which We Are Zaion is responsible, and the User accepts.
We Are Zaion will update such declaration to CNIL if necessary.
The data collected comes from the information provided by persons - namely via their Social Network - wishing to access or use the Service and become a User.
We Are Zaion retains the User's personal data for as long as necessary for the purposes described in this article and for the purpose of keeping a record of the information required in the event its tortious and/or contractual liability is called into question. Beyond this period, only statistical data that has been made anonymous will be retained and will not give rise to any type of use whatsoever.
Subject to proof of his/her identity, the User has the right to access, modify, rectify and delete data concerning him/her. The User can exercise this right by writing to We Are Zaion at the following e-mail address: firstname.lastname@example.org
The User may cancel the registration of cookies or the cookies already stored on his/her computer, at any time, by setting the options for protecting the privacy of his/her Internet browser (for example: Tools> Clear Private Data> Cookies, on Mozilla Firefox and Tools> Delete Browsing History> Delete Cookies, on Microsoft Internet Explorer).
We Are Zaion also reserves the right to collect certain information:
- related to the User's computer (IP access provider, material configuration, software configuration)
- related to the Service (log and history of all the data exchanges, "log" and history of connections).
We Are Zaion may use this information for any purposes, including for targeting advertising banners, improving the use of the Service, or for monitoring compliance with these General Terms and Conditions.
All the information contained on the servers may be used by We Are Zaion to carry out any type of monitoring for prevention purposes.
3.3. As a general rule, We Are Zaion undertakes to never disclose its Users' personal data, except with their express authorisation or in very special circumstances, such as those described below.
-We Are Zaion may be asked - under the law, in the context of a court proceeding, a dispute and/or a summons by government authorities in the country of the User's residence or other - to disclose the aforementioned personal data;
-We Are Zaion may also disclose this data if the disclosure is necessary for the purposes of national security, law enforcement or other subject of public interest;
-We Are Zaion may also disclose data concerning its Users if this disclosure is reasonably necessary for accessing compliance with these General Terms and Conditions or for protecting its activities and its Users;
-In case of restructuring or disinvestment, We Are Zaion may transfer to the third party concerned any personal data that it has in its possession.
4. Provision and Use of the Service
4.1. Undertakings and Liability of We Are Zaion
No term of these General Terms and Conditions shall affect the rights of public safety which the User may claim and which the User cannot waive under the agreement.
We Are Zaion provides the Service as is, and does not provide any guarantee in this regard. In particular, We Are Zaion does not make any commitment with regard to accessibility.
Particularly considering the technical risks related to the decentralised functioning of the Internet network, We Are Zaion does not provide any guarantee of continuity of service or lack of errors in the Service.
To the fullest extent permitted by the regulations in force, We Are Zaion makes no commitments, express or implied, particularly as regard to the quality and compatibility of the Service to the uses made by the User.
In particular, We Are Zaion does not represent or guarantee that use of the Service will meet the needs of the User.
Subject to the guarantees expressly provided in these General Terms and Conditions, no condition, guarantee or other term (including any implied guarantee of satisfactory quality, suitability for a particular purpose or conformity with the description) is applicable to the Service.
In the event that We Are Zaion should nevertheless be held liable, the repair will apply only to direct, personal and certain damage, excluding, without this list being exhaustive, any damages and/or consequential and/or intangible damages, such as commercial, moral and financial damages, including any loss of profit caused by, originating from or due to use of the Website or the Service.
In any event, We Are Zaion may not be held liable for any fault or act that is wholly or partly attributable to the User or to a third party, or in the case of an event of force majeure.
In all cases where We Are Zaion may be held liable, no action or claim of any kind may be brought against We Are Zaion after more than 1 (one) year from the date of the alleged breach committed by We Are Zaion.
4.2. Liability of the partners
The Service provided by the partners of We Are Zaion and, in particular, by the service provider from which We Are Zaion has subscribed the technology that enables inserting the User's photographs in the music video itself, are the sole responsibility of We Are Zaion's partners and its service provider. As a consequence, We Are Zaion is released of any liability for any content edited and/or service offered by the partners through the Website and/or for the Service, which the User expressly accepts.
4.3. Hypertext links
The Website may contain hyperlinks to content posted by third parties or to websites operated by third parties.
We Are Zaion is not responsible for the quality or accuracy of this content nor for these websites and, therefore, cannot be considered as approving of, publishing or authorising these websites or their content.
Consequently, the operators of these websites are solely responsible for compliance with applicable laws and regulations, particularly as regard the products and services that they sell on their website, and more specifically in terms of consumer protection, distance selling, regulating prices, protection of personal data, etc.
We Are Zaion disclaims any liability for damages that may result from using these websites.
4.4. Video Players
The video content accessible through the Website can be viewed using video players.
The use of Video Players is reserved for a personal and non-commercial use by the User, and solely for streaming on the Website.
We Are Zaion reserves the sole right to insert or to authorise any third party of its choice to insert advertising, promotional and/or sponsorship messages into any pages of the Website and/or the Service, and particularly in the Video Players.
We Are Zaion can insert or allow any third party of its choice to insert advertising, promotional and/or sponsorship messages into the Video Players before or after viewing videos. These messages are not considered to be incorporated in the videos.
The Video Players can offer the User features that give him/her the option to make content from the Video Players accessible outside of the Website. The mere offer of these features does not imply any authorisation to use the content beyond the scope defined by We Are Zaion.
In no case may the Video Players be used outside of the Website for commercial or advertising purposes, or on websites associated with other content for commercial or advertising purposes.
It is also illegal for anyone to hide, delete or edit any advertisement message published by We Are Zaion on the Video Players.
4.5. Intellectual Property - Passing-off - Prohibition of the use of data - Protection of the Website and databases
Warning: All data and information present or accessible through the We Are Zaion website may not under any circumstances be taken and used for purposes other than the private viewing by the User directly connected to the Website or through arrangements provided by We Are Zaion, including public dissemination from the YouTube channel "Superdiscount3". We Are Zaion is and will be particularly vigilant, and will take any appropriate action against any cover version made in violation of any intellectual property rights and/or the law and/or the General Terms and Conditions of the Website.
The names, images, logos or any other distinctive sign on the Website identifying We Are Zaion and/or its partners and/or third parties and/or their products and services are content protected by intellectual property rights, including trademark rights, designs rights and/or copyright and related rights, in France and abroad.
The Service and its contents, the general structure of the Website, the Service, the editorial content, images, photographs, works, performances, sound, video and multimedia, the Video Players, the software and databases used, and all other content featured on the Website and in the Service are protected by copyright, related rights and/or the sui generis right of the database producer, and, in general, by the common law of civil liability and by applicable international agreements.
We Are Zaion and/or its partners and/or its Service Providers are the sole holders of the aforementioned intellectual property rights on all of the content presented on the Website and in the Service, which includes the music video and the phonogram incorporated into it.
The User undertakes to respect these rights.
In this regard, and under penalty of civil and/or criminal legal proceedings, unless expressly authorised by We Are Zaion, the User specifically undertakes not to:
-copy, represent, modify, publish or adapt, on any medium and by any means whatsoever, any and all of the items featured on this Website and the Service;
-launch any type of attack on the computer systems used for providing the Service, which includes making any intrusion or attempted intrusion;
-perform any type of reverse engineering on all or any part of the Service;
-compile, decompile or disassemble all or any part of the Service;
-modify or create programmes developed on all or any part of the Service, which includes correcting any errors. Only We Are Zaion is authorised to make any necessary corrections.
-distribute and/or publicise copies of all or any part of the Service;
-remove or delete any mention and/or any proprietary information present on all or any part of the Service;
-sell, lease, sublet or transfer the Service to any third party, in any manner whatsoever.
Any use of the information, data and materials contained on the Website and the Service, for any reason whatsoever beyond the User simply and directly visiting the Website, is strictly prohibited unless We Are Zaion has granted prior written consent.
Under no circumstance shall the possible access to information on the Website and to certain data enable the User to consider that he/she is allowed to extract a significant or insignificant amount of data or any item contained on the Website and/or use it for any purpose other than visiting the Website. The User is reminded that such extractions and/or uses are strictly prohibited.
Any copying and/or representation of distinctive signs or content on the Website - in whole or in part, and on any medium - including information and/or data, without the prior written authorisation of We Are Zaion, its partners or third parties, is prohibited and constitutes infringement, inter alia, and as such its author may be held civilly and criminally liable.
The digital files on the Website may be protected by technological protection measures or "Digital Rights Management systems", i.e. protection systems that enable controlling their use and, in particular, their copying. Their specific purpose is to offer the User maximum flexibility in the use of the content provided while protecting the intellectual property rights.
The User shall refrain from taking any action to bypass or undermine the techniques for controlling the digital content. The User shall also refrain from infringing in any way on the rights of reproduction, representation and other rights.
Such technological protection measures and Digital Rights Management systems are governed by the French Code of Intellectual Property (code de la propriété intellectuelle). Any attempt to bypass these measures is liable to the penalties specified under this code. More generally, any use outside the framework defined in these General Terms and Conditions shall be treated as an act of infringement, for which the User may be liable to civil or criminal lawsuits brought against him/her under the laws and regulations in force.
6. Obligations and liability of the Users
The User undertakes, under an obligation of result, to comply with these General Terms and Conditions.
The User is obliged to follow the rules of conduct listed below, particularly as regards the photographic content that will be displayed and included in the music video (hereinafter the "User Content").
The User thus undertakes not to use the Service for the following purposes in particular:
- to communicate any paedophile-oriented content or content that adversely affects minors or the protection of children and adolescents in any way whatsoever;
- send or communicate any message whose content is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, constitutes an invasion of others' privacy, or is hateful, racist, homophobic, anti-Semitic, xenophobic, revisionist or otherwise objectionable;
- communicate any content that goes against public order and decency;
- communicate any content that might constitute - without this list being exhaustive - an argument for or an incitement to commit crimes, an incitement to commit suicide, an incitement to use drugs or illegal substances, indirect advertising for alcoholic beverages, tobacco or tobacco products; an incitement to commit terrorist attacks; an incitement to discrimination, hatred or violence because of race, ethnicity, religion or nationality, false information; false rumours; an undermining of the authority of justice, legal processes, the disclosure of information about an individual tax situation; publishing (not under the conditions authorised) of surveys and voting simulations relating to an election or referendum; defamation and insults; invasion of privacy; or acts endangering minors namely by the creating, conveying and distributing messages of a violent or pornographic nature or which are likely to cause serious harm to human beings and their dignity, or to equality between women and men;
- communicate any content that displays or incites cruelty to animals;
- communicate any message whose content the User is not authorised to publish, especially by a legal measure or a legal document (including internal, privileged or confidential information learned or disclosed as part of an employment contract or a confidentiality agreement, without this list being exhaustive);
- communicate any message whose content infringes any patent, trademark, design and pattern filed, trade secret, copyright, related rights, intellectual property rights or any other proprietary rights held by someone else, right to personality, or whose publication could constitute a delict or quasi-delict fault;
- distort headers, whether official or not, or otherwise manipulate the user name in order to conceal the origin of the content displayed through the Service;
- collect or store data in order to create a database concerning all or part of the Service;
- convey any message that contains software viruses or any other computer code, file or programmes designed to interrupt, destroy or limit the functionality of any computer software, computer, computer system or telecommunications equipment, without this list being exhaustive;
- transmit messages inciting or permitting any act of hacking or circumvention of technical protection device ("crack") or information/statement on intellectual property rights;
- use or launch any automated system (including a robot, spider or offline reader) with access to the Service so that it sends more request messages to the We Are Zaion servers in a given period that cannot reasonably be produced by a human being during the same period by using a standard Web browser (i.e. unmodified Web browser) available on the market;
- interfere with or disrupt the Service, servers or networks connected to the Website, or refuse to comply with any requirements, procedures, general rules or regulations applicable to the networks connected to the Website;
- intentionally or unintentionally violate any local, national or international law or regulation in force, as well as the restrictions contained in these General Terms and Conditions;
- steal an identity or impersonate another person or entity, including an official representative of We Are Zaion, a moderator and/or administrator of the Website or Service;
- harass in any manner whatsoever another or several other Users of the Service;
- undermine We Are Zaion, its officers and/or employees, and/or its Partners or their image and reputation in any way whatsoever, namely by insulting or threatening them;
- use the Service for promotional and commercial purposes and, in particular, but not limited to, distributing or facilitating the publication of advertisements or solicitations;
- use all or part of the Service to offer other services,
- collect, store and publish personal data about other Users or about any third party;
- interfere or attempt to interfere with the proper operation of the Service;
- connect to the Service in a manner not expressly provided for in these General Terms and Conditions.
The User undertakes not to use loopholes, computer bugs or any other form of error to gain advantages in using the Service. Similarly, the User undertakes to immediately notify We Are Zaion if it detects a loophole or an error in the Service.
The User agrees to indemnify and hold We Are Zaion, its representatives, employees, partners, and/or any third party, harmless against any damage, complaint or claim brought by third parties as a result of using the Service. This guarantee covers any compensation which may be due as well as attorneys' fees and legal costs within a reasonable limit.
The User declares he/she is the holder of all the rights relating to the User Content that he/she publishes and/or which will be included in the personalised music video.
Publication of any advertisement and/or sponsorship message in the User Content is prohibited.
The User alone is fully responsible for the legality and use of the User Content that he/she publishes or communicates through the Service, and shall hold We Are Zaion harmless against any claims and/or actions brought by third parties.
We Are Zaion can in no way be held liable for any unlawful or unauthorised use of the User Content.
Given the amount of information and content that can be posted online, We Are Zaion has no obligation to verify in any way such information and/or content before they are posted online.
We Are Zaion has the power, at its sole discretion, to immediately remove any User Content that might appear to be illegal, including any User Content that has been the subject of a claim, whether founded or not, and, in particular, which is likely to adversely affect the rights of third parties, and/or is contrary to these General Terms and Conditions and/or may block any new request for use of the Service.
The User expressly acknowledges that We Are Zaion has this power and undertakes not to make any claim against We Are Zaion should the latter delete any User Content for any reason whatsoever.
By submitting any User Content whatsoever (including the User's photographs) on the Website, the User grants We Are Zaion - for the purpose of using all or any part of the User Content and particularly for use in the personalised music video - an irrevocable, non-exclusive right and permission - worldwide and free of charge for the duration of the copyright protection as provided in the French Code of Intellectual Property - to use, reproduce, modify, adapt, publish, exploit, execute, communicate, represent, translate, sub-licence, create derivative works, and distribute the User Content, or incorporate User Content in any form whatsoever, media, or any technology known or unknown at this time, including the right to promote We Are Zaion and its services, and gives its authorisation for any use for these purposes.
To the extent permitted by law, and given the type of service object of these General Terms and Conditions, the User hereby acknowledges and accepts that he/she is aware of the fact that the User Content will be published on the YouTube website, but also by any other means chosen by We Are Zaion. The User acknowledges that the Content that he/she provides will be adapted and/or modified and he/she accepts this possibility. The User further acknowledges that, for the same reasons, his/her name and authorship cannot be systematically associated with his/her User Content, and accepts these operating conditions.
We Are Zaion will not be bound by any obligation to publish the personalised music video.
The User may not claim any rights whatsoever on the personalised music video, which remains the sole property of We Are Zaion.
7. Consequences of non-compliance with the General Terms and Conditions
In the event that the User should breach any provision of the General Terms and Conditions, We Are Zaion reserves the right to temporarily or permanently suspend use of the Service without prior notice and at its sole discretion, without payment of any compensation.
Moreover, We Are Zaion has the option to delete the personalised music video on its YouTube channel.
The consequences described above can be imposed without prejudice to any civil or criminal proceedings to which the User may be subject, whether brought by public authorities, third parties, or by We Are Zaion.
8. Review of the General Terms and Conditions
We Are Zaion reserves the right to modify all or part of these General Terms and Conditions. The User will be informed of the new general terms and conditions by any reliable means, in order that he/she may confirm acceptance thereof.
In case of modification of these General Terms and Conditions, the User will be asked to accept the new General Terms and Conditions the next time he/she connects to the Website following said modification. The modified General Terms and Conditions will only apply to the User once he/she has expressly agreed to them.
However, in case of changing the information referred to in Article 2 hereof, the User will be informed, but these changes will not be considered changes to these General Terms and Conditions.
9. Validity of the General Terms and Conditions
If one or more provisions of these General Terms and Conditions are deemed to be invalid or declared as such under any law, regulation or following a final decision by a competent court, the other provisions shall nevertheless remain fully valid and binding.
The parties agree to replace the clause declared null and void by a new provision which comes closest, in terms of its content and balance of the clause, to that of the original clause.
10. Applicable law, disputes and jurisdiction
10.1. Applicable law
The Website and these General Terms and Conditions are subject to French law.
10.2. Disputes - Jurisdiction
Before referring any matter to a court, the User undertakes to inform We Are Zaion of any dispute by sending a letter addressed to We Are Zaion c/o Grand Musique Management - 65 rue Meslay 75003 Paris - France, and, at the request of We Are Zaion, undertakes to seek an amicable solution to said disagreement.