Last update : 2023/10/13

 

 

General Terms and Conditions of Use

 

These General Terms and Conditions of Use (hereinafter ‘General Terms and Conditions’) aim to define the terms and conditions whereby the User can browse on the website and access LaCinetek Services, edited by the Cinémathèque des Cinéastes (hereinafter ‘CDC’). This whole document also provides a framework for the provision of Services by CDC and presents its confidentiality policy with respect to its Users.

Therefore, access to the Services is reserved for Users who have read and acknowledged these General Terms and Conditions in their entirety, prior to using the Services, and have accepted them unreservedly.

The General Terms and Conditions may evolve owing to changes to the Services or to modifications of the prevailing laws. It is therefore advisable that Users regularly inform themselves of these General Terms and Conditions and with each new order.

ARTICLE 1: LEGAL MENTIONS

• Website publisher: La Cinémathèque des Cinéastes, an association governed by the law of 1901, registered at the R.N.A under no. W751225729
• Address and main office of the publisher: 68 Boulevard de Sébastopol, 75003, Paris, France
• Telephone number: 09 52 06 70 85
• Publication director: Pascale Ferran
• Host provider: KAEMO
• Address and main office of the host: 5 boulevard Vincent Gâche, CS 36204, 44 262 Nantes, France

ARTICLE 2: DEFINITIONS 

In these General Terms and Conditions, the terms cited hereinafter shall have the following meaning:

‘User’ refers to any physical person who is browsing on the Website.

'User Account' means the account created by the User when registering on the website to access the Services.

‘Website’ refers to the Internet website edited by CDC, accessible at the following URL address: www.lacinetek.com

'Applications' means the LaCinetek applications published by CDC and made available to Users on mobile terminals, tablets, and connected TVs.

‘Services’ refers to the video-on-demand services published by CDC and made available to Users on the Website and the Applications.

‘Programmes’ refers to all of the audiovisual and cinematographic content made available to the User on the Website and the Applications.

‘Subscribers’ refers to the Users who have registered for a subscription. 

‘Territory’ refers individually and/or collectively to the territories in which the Services are available: Metropolitan France (including Corsica), the DROM-COM-POM, the principalities of Andorra and Monaco, Belgium, Luxembourg, Germany, and Austria.

ARTICLE 3: PRESENTATION OF SERVICES

3.1. VIDEO ON DEMAND (VOD or VAD)

The video-on-demand service applies to all of the Programmes available in the catalogue. The latter are accessible:

• For purchase:
  • in streaming and/or download, unless there are restrictions imposed on the CDC as specified prior to validation of the order
  • within the limit of the rights held by CDC, notably in terms of duration
• For rental:
  • in streaming and/or download, unless there are restrictions imposed on the CDC as specified prior to validation of the order
  • for 30 days as of the confirmation of the order and 48 hrs after launching the first viewing

The Programmes available in the catalogue depend on the rights acquired by CDC from the rights-holders. It is therefore possible that one or more Programmes are no longer available after a certain period and/or are no longer available throughout the Territory. CDC cannot be held liable in the event of these potential restrictions.

3.2. VIDEO ON DEMAND BY SUBSCRIPTION

The video-on-demand service by subscription applies to a selection of Programs editorialised, available on the Service

The Selection of Programs is accessible to any User having subscribed to one of the following options:

• A monthly subscription (hereinafter ‘Monthly Subscription’):
  • Duration of one (1) months as of the activation date indicated in ‘My Settings’, rubric ‘My Subscription’
  • If you have not unsubscribed prior to the deadline indicated in ‘My Settings’, rubric ‘My Subscription’, the Subscription is tacitly extended by successive one-month periods.

Within the framework of a first subscription to the Monthly Subscription, the User enjoys a free trial period of 7 days inclusive.

The activation date of the Monthly Subscription thus corresponds to the date of registration to the subscription or 7 days later, if the User enjoys a trial period.

• An Annual Subscription (hereinafter ‘Annual Subscription’):
  • Duration of one (1) year as of the activation date indicated in ‘My Settings’, rubric ‘My Subscription’
• An Annual Subscription + 12 films (hereinafter ‘Annual Subscription +’):
  • Duration of one (1) year as of the activation date indicated in ‘My Settings’, rubric ‘My Subscription’
  • A Film Pack is automatically generated and credited for 12 rentals that the User can use on all of the Programmes in the catalogue.

Commencing as of the date of registration for the Annual Subscription+, the ‘Film Pack’ option will be offered to Users as a means of payment when finalising their future orders.

The Film Pack is valid for the full duration of the subscription: one (1) year as of the activation date indicated in ‘My Settings’, rubric ‘My Subscription’. 

Users can follow the number of credits remaining on their Film Packs in the ‘My Payment Methods’ rubric. 

Any unused credits as at the final date of subscription indicated in ‘My Settings’, in the rubrics ‘My Subscription’ and ‘My Payment Methods’, will be definitively lost and cannot be refunded.

3.3. VISUALISATION OF THE PROGRAMMES

The User who has taken out a subscription and/or ordered a Programme can watch the Programmes in question via streaming within the limit of 1 (one) simultaneous device.

In order to watch a Programme offline, the User can download it from the external player that is available for download on the Website.
Within this framework, the User can register a maximum of 5 (five) devices. The removal or modification of 1 (one) registered device can only occur once a month.

Users can manage their registered devices via ‘My Settings’, rubric ‘My Screens’.

Users also have the possibility of using Chromecast to view their Programmes on devices compatible with Chromecast.

ARTICLE 4: CONDITIONS OF ACCESS TO THE SERVICES

4.1. REGISTRATION

To access the Services, the User must register by creating a user account on the Website. Within the framework of their registration, the User agrees not to prejudice the rights of third parties.

The User’s username and password are personal and confidential. The User agrees not to divulge them and to preserve their confidentiality. The User agrees to send written notification of any suspicious use of their account to the following address: lacinetek@lacinetek.com 

The creation of a User’s account is not a prerequisite for access to the free Bonuses or for browsing on the Website.

Access to the Services is reserved for Users who are at least 18 years old. Any minor User acknowledges that they have obtained parental authorisation to use the Services.

4.2. PLACING AN ORDER

Once registered, the User can place an order in order to take out a subscription or rent and/or buy a Programme on demand.

Users choose their Programme and/or their Subscription and proceed with payment at the rate in force at the time of the order (see Article 5.1).

Once the order is finalised and payment accepted, Users receive an email summarising their order and immediately recover their Programme via ‘My Cinetek’, rubric ‘My Films’ and the information pertaining to their Subscription via ‘My Settings’, rubric ‘My Subscription’.

4.3. TECHNICAL CONDITIONS OF ACCESS TO THE SERVICES

Access to the Services requires an adequate Internet connection. The User can then access the Services and view the Programmes on the following devices:

a) From the Website

* On a computer using the following browsers int their 3 most recent versions:

• Chrome
• Firefox
• Safari
• Edge
• Opera

* On a computer using the external player, compatible with the following operating systems:

• macOS 10.12 and later versions (64 bits)
• Windows 10 and later versions (64 bits)
• Linux: Ubuntu 20.04, Fedora 28, Debian 9 and later versions (64 bits)

* On a mobile phone and tablet using the following browsers:

• On Android 8+:
  • Chrome on Android
• On iOS 14+:
  • Safari 10+

For further information, Users can click here

b) From the Applications

The User can access the Services on the Applications provided that its device is equipped with the following operating systems: 

• On mobiles and tablets:
  • iOS 14.1 and later versions
  • Android 7 and later versions
• On connected TVs:
  • tvOS 14.1 and later versions
  • Android TV 7 and later versions

The viewing and downloading of the Programmes on the Applications is possible from any Internet network (Wi-Fi, 3G/3G+, 4G, 5G). However, it is recommended to use the Wi-Fi mode for a better viewing experience and to limit the additionnal costs related to the consumption of video content. 

Please note that creating an Account and placing an order are not accessible from the Applications, which are reserved for viewing Programs by streaming and/or downloading from an existing Account. 

4.4. PORTABILITY

Access to the Services is reserved to the Users with a User Account residing in the Territory as defined in Article 2 herein. 

Nevertheless, in application of the (EU) REGULATION 2017/1128 of 14 June 2017 regarding the cross-border portability of the  services of online content, the Users may access the Services that they have subscribed, during their temporary movement within a Member State of the European Union: France, Germany, Austria, Portugal, the Czech Republic, Belgium, Bulgaria, Cyprus, Croatia, Denmark, Spain, Estonia, Finland, the Netherlands, Poland, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Sweden, Luxembourg, Malta, Romania, Slovakia, and Slovenia.

ARTICLE 5: PRICE AND PAYMENT CONDITIONS

5.1. APPLICABLE PRICE

The price of a Programme for rental and purchase is individualised according to the Programme and to the definition (HD/SD) chosen by the User. The applicable price is therefore the one indicated at the time of validation of the order.

The price of a subscription depends on the option selected by the User among those presented in Article 3.2. The applicable price is therefore the one indicated at the time of validation of the order.

Within the framework of the Monthly Subscription, any modification of the monthly price will be brought to the User’s attention at least one (1) month prior to its application. Subscribers may then, if desired, cancel their Monthly Subscription within the conditions laid down in Article 6.2.

All of the prices are displayed Toutes Taxes Comprises (TTC) [Tax Inclusive] and apply the applicable VAT rate for the Territory.

5.2. PAYMENT CONDITIONS

The means of payment available on the Website are as follows:
- Credit card that is valid (has not expired) and associated with the Territory
- Film Packs for the Users who have taken out an Annual Subscription +
- CinéPass*

* The User can purchase a €10, €20, or €50 CinéPass. It is a virtual wallet with which Users can pay for their purchases, rentals, Annual Subscriptions, and Annual Subscriptions +.

In order to protect all of the bank details relative to payment by credit card as effectively as possible, all of the orders passed on the Website are secured and encrypted by the Stripe system.

Users acknowledge that the communication of the information pertaining to their credit card serves as an authorisation of debit from their bank account to CDC of the amount of their order, including VAT.

Within the framework of the Monthly Subscription, it serves as an authorisation of the monthly debit of their bank account to CDC. The first debit is undertaken on the date of activation of the Monthly Subscription. The next monthly debits are undertaken on the first day of each new monthly period (hereinafter the ‘Monthly period’).
In this case, Users must update their bank details via ‘My Settings’, rubric ‘My Payment Methods’ when the validity of their details has expired.

ARTICLE 6: RETRACTION, CANCELLATION, AND ACCOUNT CLOSURE

6.1. RIGHT OF RETRACTION

Pursuant to the provisions of article L.221-28 of the French Consumer Code, the User recognises and expressly accepts (i) that the provision of Services began immediately after validation of his or her order and (ii) therefore acknowledges and accepts that they do not enjoy the right of retraction relative to online or remote sales. Consequently, no request for retraction, cancellation, or refund will be accepted for the period subscribed.

6.2. CANCELLATION OF THE MONTHLY SUBSCRIPTION

Users can cancel their Monthly Subscription at any time via ‘My Settings’, rubric ‘My Subscription’. They will continue to have access to the Selection of the Month until the end of the current Monthly period.

CDC reserves the right to cancel the User’s Monthly Subscription in the event of:

• insolvency;
• failure to update bank details used.

6.3. CLOSURE OF YOUR USER ACCOUNT

Users may close their account at any time in ‘My Settings’, rubric ‘My Personal Data’. 

CDC reserves the right to close a User’s account in the event of non-compliance with one of the obligations provided in these General Terms and Conditions, or in the event of a suspicion of fraud.

ARTICLE 7: CONFIDENTIALITY POLICY

This section aims to present CDC’s practices in terms of confidentiality, and to inform Users of their rights as to the collection and processing of their personal data. To do so, CDC will address the Users directly.

7.1. PERSONAL DATA PROCESSING

* The Data Collected
As you browse on the Website and use Services from the Website and the Applications, we collect data about you of a personal nature.

These are identification information (surname, name, date of birth, postal address, email address, password), financial data relative to the credit cards used and to your payment history, navigation date on the Website and Applications, identification data of the reception devices (IP address) and data relative to the purchase or rental of Programmes.

* The Purpose of Data Collection and Processing
We process this personal data within the framework of the fulfilment of the agreement relative to the provision of our Services, for the following purposes:

• to manage your orders and/or Subscriptions
• to invoice and process your payments,
• to manage the functionalities of the Website (list of favourites, referral, promotional codes, etc.) 
• handling customer support.

We also process your personal data to satisfy legal or statutory obligations, such as the conservation of supporting documents of a commercial transaction, such as invoices.

We also process your personal data on the basis of our legitimate interests, in order:

• to improve the Services according to the preferences, needs, and habitual practices of Users
• to conduct surveys on the Users’ consumer habits,
• to conduct statistical surveys on the website’s traffic,
• to evaluate the effectiveness of our marketing campaigns.

* The Recipients of Your Data
Within the framework of these goals, your personal data is transmitted confidentially to our subcontractors:

• the Website’s host,
• for invoicing and payment management,
• for analysing Users’ habitual practices (in this case, the data is anonymous)

* The Duration of Conservation of Your Data
Your personal data is kept for a term that varies depending on the purpose, and on our legal obligations. For instance, the personal data relative to your user account and/or orders and subscriptions are conserved for 5 years as of the end of our commercial relationship, for justification purposes.

The data relative to your credit card is conserved by our payment Service Provider until the complete payment and, for the purposes of proof in the event of claims, for 13 months, or 15 months if it is a differed-debit credit card. The cryptogram on your card is kept only for the time required to complete each transaction.

* Your Rights Concerning Data Collection and Processing
Pursuant to current regulations, you may oppose or request the limitation of the processing of your personal data. You also enjoy a right of access, rectification, removal, and transfer of said data. Finally, you have the right to give directives as to the fate of your personal data in the event of death.

To exercise your rights, you can contact our Data Protection Representative:

• By regular mail at the address: La Cinémathèque des Cinéastes, 68 Boulevard de Sébastopol, 75003 Paris, France
• By email at the following address: lacinetek@lacinetek.com 

Finally, you have the option to make a complaint to the Commission Nationale de l’Informatique et des Libertés (CNIL) if you consider that your rights are not respected.

7.2. USE OF COOKIES

* The Definition of Cookies and Other Tracers
A cookie is a text file that is transmitted to your browser and recorded on your device, when you browse on websites. It is transmitted, subject to your consent, via the server of the website in question and enables its transmitter to identify your device and receive information regarding your use of the website.
Cookies do not enable you to be identified as an individual and do not contain any sensitive personal data.

* The Purpose of Cookies
- Strictly Necessary Cookies As their name indicates, these cookies are necessary for the smooth operation of the Services. They notably allow us to authenticate you when you connect, to ensure the security of payments and adapt the presentation of the Website to the display preferences of your device.

- Analytical Cookies Analytical cookies enable us to analyse the use of the Website and improve our user pathway by establishing traffic and browsing statistics (pages visited, buttons clicked, time spent on the Website, etc.) They also allow us to measure the effectiveness of our marketing campaigns. All of the information collected to this end are anonymous.

- Shared Cookies on Social Networks Subject to your consent and the configuration of your browser, cookies may be deposited on your device by the publishers of social networks. These allow them to follow your browsing activity on the Services, notably when your account on the social network in question is activated on your device (open session) while you are browsing.

* Your Choices Concerning Cookies
At any time, you can oppose the use of cookies by configuring your browser so as to block the installation of cookies on your device.

Here is how you set the cookies on browsers compatible with the Services:
Chrome 
Firefox
Opera
Safari
Internet Explorer
Microsoft Edge

ARTICLE 8: INTELLECTUAL PROPERTY

CDR holds all the rights of intellectual property relating to the Services, the external player, the Website, the Applications and their content, texts, images, logos, brands, etc.

The authorisation to use the Services, granted to Users in exchange for their payment, does not confer any rights of intangible property, which remain reserved for CDR and their rights-holders. In particular, the User is not authorised, in whole or in part, to copy, reproduce, translate, extract, modify, and/or create any elements derived from any one of the elements comprising the Services.

The Programmes viewed by the User are digital files protected by national and international provisions relative to copyright and ancillary rights. 

The use of the Programmes is strictly limited to private use within the context of the family circle. Private use in a strictly familial context notably excludes any collective representation and/or screening and/or in public for professional, commercial, and/or promotional purposes. Also strictly prohibited are the editing, lending, exchange, reproduction, duplication, transmission and distribution of the Programmes, in whole or in part.

Any violation risks incurring penal and/or civil sanctions. 

The Programmes are protected by systems of protection of the digital files known as Digital Rights Management (DRM) which control their use. The User agrees not to circumvent or harm the DRM, necessary for use of the Services.

ARTICLE 9: LIABILITY

CDC shall not be held liable for any malfunctions and/or interruptions to the availability of the Services resulting from a case of force majeure as defined by jurisprudence, for any negligence on the part of Internet access providers, for improvement of the Services (in the event of minor malfunctions), or any use of the Services that do not comply with these General Terms and Conditions. 

CDC shall not be held liable for any form of damage sustained by Users owing to a technical incompatibility (see Article 4.3 above) and/or any deterioration of their equipment.

Hypertext links present on the Website may refer to other websites. CDC’s liability shall not be engaged in the event where the content of said websites breach current legal and/or statutory provisions.

ARTICLE 10: TECHNICAL SUPPORT

For any request concerning use of the Services, Users can contact CDC’s technical support by clicking here, or by accessing our form found in the rubric ‘Contact Us’ on the Website’s homepage.

ARTICLE 11: APPLICABLE LAW

These General Terms and Conditions are subject to French law. The French courts shall have exclusive jurisdiction concerning any litigation arising from the form, interpretation, or fulfilment of these provisions.