GENERAL TERMS OF USE

Definitions

The following terms shall hereinafter be referred to as:

• "Website" or "Service" : the website https://www.mondial.tv and all of its pages.
• "Publisher" : Mondial TV, the legal or natural person responsible for the publication and content of the Website.
• "User" : the internet user visiting and using the Website Services.

These General Terms of Use (hereinafter the "Terms of Use") are offered by the Publisher of the Website. The User of the Website is invited to carefully read these Terms of Use, to print them and/or save them on a durable medium. The User acknowledges having read the Terms of Use and accepts them fully and without reservation.

Article 1 – Application of the Terms of Use

These Terms of Use are intended to define the conditions of access to the Website by Users. The Publisher reserves the right to modify the Terms of Use at any time by publishing a new version on the Website. The applicable Terms of Use to the User are those in force on the day of their acceptance.

The Website is freely and openly accessible to all Users. The purchase of a product or service, or the creation of a member area, or more generally browsing the Website implies acceptance by the User of all of these Terms of Use, who thereby acknowledges having fully read them.

This acceptance may consist, for example, of the User checking the box corresponding to the acceptance phrase of these Terms of Use, with for example the mention " I acknowledge having read and accepted all the general terms and conditions of the Website ". Checking this box shall be deemed to have the same value as a handwritten signature by the User.

The User acknowledges the evidential value of the automatic recording systems of the Publisher of this Website and, unless they provide evidence to the contrary, they waive the right to contest them in the event of a dispute.

Acceptance of these Terms of Use assumes that Users have the necessary legal capacity. If the User is a minor or does not have this legal capacity, they declare having the authorisation of a guardian, curator or their legal representative.

The Publisher makes available to the Client, on its Website, a privacy charter specifying all information relating to the use of the Client's personal data collected by the Publisher and the rights the Client has over this personal data. The data privacy policy is part of the Terms of Use. Acceptance of these Terms of Use therefore implies acceptance of the data privacy policy.

Article 2 – Legal notices, personal data and purpose of the Website

This Website is published by Mondial TV SASU. Legal information concerning the host and Publisher of the Website, including contact details and any capital and registration information, is provided in the legal notices of this Website.

Information concerning the collection and processing of personal data (policy and declaration) is provided in the Website's personal data charter.

The purpose of this Website is defined as "French television channel and video distribution service over the Internet".

Article 3 – Member Area

The User registered on the Website (member) can access it by logging in with their credentials (email address defined during registration and password) or possibly by using systems such as third-party social network login buttons. The user is entirely responsible for the protection of the password they have chosen. They are encouraged to use complex passwords. In the event of a forgotten password, the User can generate a new one. This password constitutes the guarantee of confidentiality of the information contained in their "my account" section and the User therefore undertakes not to transmit or communicate it to a third party. Otherwise, the Publisher of the Website cannot be held responsible for unauthorised access to a User's account.

The creation of a personal space is an essential prerequisite for any order or contribution by the User on this Website. To this end, the User will be asked to provide a certain amount of personal information. They undertake to provide accurate information.

The purpose of data collection is the creation of a "member account". If the data contained in the member account section were to disappear as a result of a technical failure or a case of force majeure, the liability of the Website and its Publisher could not be engaged, as this information has no evidential value but only an informational character. The pages relating to member accounts may be freely printed by the account holder but do not constitute proof; they are purely informational in nature, intended to ensure efficient management of the service or contributions by the User.

Each User is free to close their account and their data on the Website. To do so, they must send an email to Mondial TV indicating that they wish to delete their account. No recovery of their data will then be possible.

The Publisher reserves the exclusive right to delete the account of any User who has breached these Terms of Use (in particular, but without this example being in any way exhaustive, when the User has knowingly provided false information during registration and the creation of their personal space) or any account that has been inactive for at least one year. Said deletion shall not constitute damage to the excluded User, who shall not be entitled to any compensation. This exclusion is without prejudice to the Publisher's ability to initiate legal proceedings against the User where the facts warrant it.

Article 4 – Website Access and Availability

The Publisher makes its best efforts to make the Website accessible at all times, subject to maintenance operations on the Website or servers on which it is hosted. In the event of impossibility of access to the Website, due to technical problems or any other nature, the User shall not claim any damage and shall not be entitled to any compensation.

The Publisher of the Website is only subject to a best-efforts obligation; its liability cannot be engaged for damage resulting from the use of the Internet network, such as data loss, intrusion, virus, service interruption, or other.

The User expressly acknowledges that they use the Website at their own risk and under their sole responsibility.

The Website provides the User with information for indicative purposes, with imperfections, errors, omissions, inaccuracies and other ambiguities that may exist. In any event, Mondial TV shall in no case be held liable:

• for any direct or indirect damage, particularly with regard to loss of profits, loss of earnings, loss of customers, data loss that may result, among other things, from the use of the Website, or conversely from the impossibility of its use;
• for a malfunction, unavailability of access, misuse, misconfiguration of the User's computer, or the use of an uncommon browser by the User.

Article 5 – Hyperlinks

The Website may include hyperlinks to other websites.

The User therefore acknowledges that the Publisher cannot be held responsible for any proven or alleged damages or losses, consequential to or in connection with the use or the fact of having viewed the content, advertising, products or services available on these external websites or sources. Similarly, the Publisher of this Website shall not be held liable if the User's visit to one of these websites causes them harm.

If, despite the Publisher's efforts, one of the hyperlinks on the Website pointed to a website or internet source whose content was or appeared to be non-compliant with the requirements of French law to a User, they undertake to immediately contact the director of publication of the Website, whose contact details are in the legal notices of the Website, to communicate the addresses of the pages of the third-party website in question.

Article 6 – Cookies

A "Cookie" may enable the identification of the Website User, the personalisation of their consultation of the Website and the acceleration of the display of the Website through the recording of a data file on their computer. The Website may use "Cookies" primarily to 1) obtain browsing statistics in order to improve the User's experience, and 2) allow access to a member account and content that is not accessible without a login.

The User acknowledges being informed of this practice and authorises the Publisher of the Website to use it. The Publisher undertakes never to communicate the content of these "Cookies" to third parties, except in the event of a legal requisition.

The User may refuse the recording of "Cookies" or configure their browser to be notified before accepting "Cookies". To do so, the User will configure their browser:

• For Internet Explorer: http://windows.microsoft.com/fr-FR/windows-vista/Block-or-allow-cookies
• For Safari: https://support.apple.com/fr-fr/ht1677
• For Google Chrome: https://support.google.com/chrome/answer/95647?hl=fr&hlrm=en&safe=on
• For Firefox: https://support.mozilla.org/fr/kb/effacer-les-cookies-pour-supprimer-les-information
• For Opera: http://help.opera.com/Windows/10.20/fr/cookies.html

Article 7 – Intellectual Property Rights

All elements of this Website belong to the Publisher or a third-party agent, or are used by the Publisher on the Website with the authorisation of their owner.

Any representation, reproduction or adaptation of logos, textual, pictographic or video content, without this enumeration being exhaustive, is strictly prohibited and constitutes counterfeiting..

Any User who is found guilty of counterfeiting may have their access to the website removed without notice or compensation and without this exclusion constituting damage, without prejudice to any subsequent legal proceedings against them, at the initiative of the Publisher of this Website or its agent.

The trademarks and logos contained in the Website may be registered by Mondial TV, or possibly by one of its partners. Any person who represents, reproduces, nests, distributes or rebroadcasts them incurs the penalties provided for in Articles L.713-2 et seq. of the Intellectual Property Code.

Article 8 – Liability

The Publisher is not responsible for User publications, their content or their veracity. The Publisher can in no case be held liable for any damage that may occur to the User's computer system and/or data loss resulting from the use of the Website by the User.

The Publisher undertakes to constantly update the content of the Website and to provide Users with accurate, clear, precise and up-to-date information. The Website is in principle accessible at all times, except during technical maintenance and content update operations. The Publisher shall not be held liable for damages resulting from the unavailability of the Website or parts thereof.

The Publisher of the Website's liability cannot be engaged due to technical unavailability of the connection, whether due in particular to a case of force majeure, maintenance, updating, modification of the Website, intervention by the host, internal or external strike, network failure, or power outage.

The Publisher shall not be held liable for the non-functioning, impossibility of access or malfunctions of the Website attributable to unsuitable equipment, poor configuration or use of the User's computer, malfunctions of the Users' Internet service provider, or those of the Internet network.

Article 9 – Notifications and Complaints

Any notification or notice concerning these Terms of Use, the legal notices or the personal data charter must be made in writing and sent by registered or certified mail, or by email to the address indicated in the legal notices of the Website, specifying the contact details, surname and first name of the notifier, as well as the subject of the notice.

Any claim related to the use of the Website, the Services, the Website's pages on any social networks or to the Terms of Use, legal notices or the personal data charter must be filed within 365 days following the day of origin of the problem giving rise to the claim, regardless of any contrary law or rule. In the event that such a claim has not been filed within the following 365 days, such a claim shall be forever unenforceable in court.

It is possible that, throughout the Website and the Services offered, to a limited extent, there may be inaccuracies or errors, or information that is inconsistent with the Terms of Use, legal notices or the personal data charter. Furthermore, it is possible that unauthorised modifications may be made by third parties on the Website or on ancillary Services (social networks, etc.)

In such a situation, the User has the option of contacting the Publisher of the Website by postal mail or email at the addresses indicated in the legal notices of the Website, with if possible a description of the error and the location (URL), as well as sufficient information to contact them.

Article 10 – Severability of Clauses

If any provision of the Terms of Use is deemed illegal, void or for any other reason unenforceable, then that provision shall be deemed severable from the Terms of Use and shall not affect the validity and enforceability of the remaining provisions.

The Terms of Use replace all prior or contemporaneous written or oral agreements. They are not assignable, transferable or sub-licensable by the User themselves.

A printed version of the Terms of Use and all notices given in electronic form may be requested in judicial or administrative proceedings relating to the Terms of Use. The parties agree that all correspondence relating to these Terms of Use must be written in the French language.

Article 11 – Applicable Law

These Terms of Use are governed by and subject to French law.

Unless otherwise required by public order, all disputes that may arise in the context of the performance of these Terms of Use may, before any legal action, be submitted to the Publisher of the Website for amicable settlement.

It is expressly recalled that requests for amicable settlement do not suspend the time limits for bringing legal actions.

Unless otherwise required by public order, any legal action relating to the performance of these Terms of Use must be submitted to the jurisdiction of the courts in the area of the defendant's domicile.

All rights reserved – July 3, 2020