CGU / CGI | Warecast

The website www.warecast.fr is edited and managed by the company WARECAST, a simplified joint stock company with a single shareholder registered in the BORDEAUX Trade and Companies Register under number 897 738 019, having its registered office at 15 rue Claude Taffanel, 33800 BORDEAUX.

It offers a service for depositing, conserving and producing digital copies of films in the form of a subscription with the provision of an online platform allowing remote viewing in a family circle and, where applicable, an exchange of films between individuals.

Article 1: object

The purpose of these general conditions of use is to define the conditions of use of the website www.warecast.fr .

They apply to any person browsing the website www.warecast.fr (hereinafter referred to as "the User"), it being specified that browsing the website constitutes full acceptance by the User of these conditions. general terms of use, without restriction or reservation.

It is expressly agreed that any provisions contrary to those appearing in these conditions of use will be considered unwritten and that if one of the clauses were to be declared null or ineffective, the validity of the other clauses will not be affected.

These general conditions of use may be modified, with the User having to consult the latest version of said conditions on each of his visits.

Article 2: ACCESSIBILITY OF THE SITE

The website www.warecast.fr is accessible from Monday to Sunday inclusive, 24 hours a day.

Exceptionally, the User is informed that the site may be temporarily suspended to carry out maintenance operations, technical operations or for reasons of interruption of service not attributable to the company WARECAST.

Article 3: COOKIES / HYPERTEXT LINKS

Within the framework of the website www.warecast.fr , the company WARECAST may be required to use cookies and / or hypertext links.

The User is free to refuse these cookies and / or hypertext links, it being specified that his refusal is likely to prevent him from accessing certain functionalities of the website (s) and that he cannot express any criticism. to WARECAST as such.

The User is also informed that no control is exercised on the sites to which the said hypertext links refer and that he cannot therefore make any criticism against the company WARECAST in this respect.

Article 4: PERSONAL DATA

If he wishes to access the services offered by the company WARECAST via the site www.warecast.fr , the User must create a Subscriber area using connection data (username and password).

These data are personal and confidential to each User who undertakes not to disclose them under any pretext.

Otherwise, he will be solely responsible for the consequences resulting from the use by a third party of his Subscriber space.

The WARECAST company reserves the right to suspend the User's account if it finds that his connection data have been stolen or used by a third party without his agreement, without the User being able to blame him or not. claim compensation for the data / films / credits attached to this account to which it will no longer be able to access.

If the User himself notices that a third party is using his connection data to access his Subscriber area, it is his responsibility to inform WARECAST without delay.

In addition, the User may be asked to provide his name, first name, email address and telephone number.

The User is informed that his personal data will be stored on secure servers.

WARECAST will deploy all the necessary measures to ensure the security of Users' personal data, without however being able to be held responsible in the event of interception of said data by an unauthorized third party.

Finally, the company WARECAST made a declaration to the National Commission for Information Technology and Freedom.

By application of law n ° 78-17 of January 6, 1978, the User has the right to access and rectify this data, which he can exercise by sending a written request by post to the company WARECAST, 15 rue Claude Taffanel, 33800 BORDEAUX.

The User also has the right to delete his Subscriber area and his personal data that he can exercise under the same terms.

The deletion of the Subscriber area and the User's personal data will take place within a maximum period of 15 days following receipt of the request for deletion.

However, it is expressly provided that the WARECAST company will have the right to keep certain data to ensure the defense of its interests in the event of a complaint or subsequent dispute.

Article 5: RESPONSIBILITY

The WARECAST company declines all responsibility in the following cases:

faulty operation of the User's infrastructure (hardware, software, operating system, etc.)
malfunctions likely to occur at the level of the User's network resources (slowdown in bandwidth, congestion of the Internet network, etc.)
interruption of services linked to maintenance operations or technical incidents
system security (eg virus, etc.)
Usurpation of the identity of the User and / or fraudulent use of their Subscriber space

In general, the WARECAST company will not be responsible for the consequences relating to the violation by the User of these conditions of use.

The WARECAST company may suspend the User's account if it finds non-compliant use.

Article 6: INTELLECTUAL PROPERTY

Any reproduction / modification / transmission / use and / or circumvention of all or part of the www.warecast.fr site or its content is strictly prohibited.

The WARECAST company reserves the right to prosecute any person who makes unauthorized use of its website, its graphic charter, its photographs, its videos, its music, its logos, its models, its brands. and its image in general.

Article 7: DISPUTES

Any dispute relating to the application and / or interpretation of these general conditions of use will be subject to French law.

It will have to be the object of an attempt of amicable settlement by priority.

In the absence of an amicable resolution of the dispute, the competent court will be that of the place of the head office of the company WARECAST.

TERMS OF SALES

It offers a service for depositing, conserving and producing digital copies of films in the form of a subscription with the provision of an online platform allowing remote viewing in a family circle and, if necessary, an exchange of films between individuals.

Article 1: object

The purpose of these general conditions of sale is to define the conditions of subscription to the services offered by the company WARECAST via the website www.warecast.fr .

They apply to any person taking out a subscription via the website www.warecast.fr (hereinafter referred to as "the Subscriber"), it being specified that the subscription of a subscription constitutes full and complete acceptance by the Subscriber of these conditions. general terms of sale as well as general conditions of use available on the site www.warecast.fr without restriction or reservation.

It is expressly agreed that any provisions contrary to those appearing in these conditions of sale will be considered unwritten and that if one of the clauses were to be declared null or ineffective, the validity of the other clauses will not be affected.

These general conditions of sale may be modified, with the Subscriber having to consult the latest version of said conditions on each of his visits.

ARTICLE 2: DESCRIPTION OF THE SERVICES OFFERED

The WARECAST company offers a service for depositing, conserving and digitizing films in BLU RAY format (or DVD if the film does not exist in BLU RAY format) for film owners wishing to keep a digital copy of their films. .

The WARECAST company will receive the films sent to it by the Subscribers and will ensure, before making the digital copy, that they are:

in perfect condition
in BLU RAY format (or possibly DVD if the film does not exist in BLU RAY format)
in accordance with the editorial line of the site www.warecast.fr

If not, the WARECAST company will not be required to perform the obligations appearing in the terms of these general conditions of sale without the Subscriber being able to criticize it or claim the return of the non-digitized films.

If so, the WARECAST company will deposit the films at its head office or at any other location of its choice under optimal storage conditions intended to preserve the quality of the films.

In addition, the WARECAST company will make a digital copy of the films placed on deposit, which it will then make available to the Subscriber in a Subscriber area which will be reserved for him.

Each digital copy present in the Subscriber's space will give rise to the allocation of a credit which can be used within the framework of an exchange platform made available by the company WARECAST.

The WARECAST company will not interfere in the exchanges which will take place between the Subscribers directly.

On the other hand, the WARECAST company will be informed of the exchanges carried out in order to be able to:

keep the register of films in its possession up to date to change the name of the owner of the film
update the subscribers' credit account in their Subscriber area according to the exchanges made
transfer the digital copy of the exchanged film to the Subscriber area of the new owner
remove the digital copy of the film swap from the previous owner's Subscriber area

It should be noted that any exchange will simultaneously lead to the transfer of ownership of the digital copy and of the film deposited at the head office of the company WARECAST.

Article 3: SUBSCRIPTION

The services offered by the company WARECAST are accessible via a monthly subscription system denominated in euros all taxes included.

The setting up of the subscription is subject to the authorization given by the Subscriber to the company WARECAST to withdraw the amount of said subscription from his bank account.

The maintenance of the subscription is subject to several conditions:

Sending by the Subscriber at his expense of three films corresponding to the editorial line of the site www.warecast.fr in perfect condition in BLU RAY format (or DVD if the film does not exist in BLU RAY format) to the company's head office WARECAST within one month of taking out the subscription
Payment of the subscription by the Subscriber each month on the anniversary date
Compliance with these general conditions of sale as well as the general conditions of use available on the site www.warecast.fr

In the event of non-compliance with one of these conditions, WARECAST will be free to terminate the subscription without notice, without reimbursement and without compensation.

Article 4: DECLARATIONS AND GUARANTEES OF THE SUBSCRIBER

The Subscriber declares to the company WARECAST that he is the owner of the films sent on deposit to the company WARECAST and that he has acquired them from a lawful source.

He also declares that the content of his films does not infringe the rights of minors, the right to image, human dignity and does not generally infringe any regulations whatsoever in France or in France. 'foreigner.

The Subscriber guarantees the company WARECAST against any disturbance, any claim, any recourse by third parties availing themselves of private rights or any other right in said films.

Article 5: SUBSCRIBER'S OBLIGATIONS

By subscribing to a subscription via the site www.warecast.fr , the Subscriber undertakes to:

send at its expense three films corresponding to the editorial line of the site www.warecast.fr in perfect condition in BLU RAY format (or DVD if the film does not exist in BLU RAY format) to the head office of the company WARECAST within the deadline one month following the subscription of his subscription
view digital copies of their films only in a family setting
not to make commercial use of the digital copy of its films
not to cede the digital copy of its films without ceding the ownership of its films in BLU RAY / DVD format
pay the terms of their subscription each month on the anniversary date
comply with these general conditions of sale as well as the general conditions of use available on the site www.warecast.fr
respect the rights of third parties and applicable regulations in general

Article 6: OBLIGATIONS OF THE WARECAST COMPANY

In return for the subscription, WARECAST undertakes to:

keep in a suitable room the films in BLU RAY format (or DVD if the film does not exist in BLU RAY format) which have been sent to him by the Subscriber, provided that said films are in perfect condition and correspond to the editorial line of the website www.warecast.fr
make a digital copy of the films in question in optimal quality
attach the digital copy of said films to the Subscriber's area of the Subscriber on the site www.warecast.fr
credit the Subscriber area with one credit per film present in the Subscriber's Subscriber area
update the credits of the Subscriber area of the Subscriber according to the exchanges made by him
update the register of films in its possession
ensure the protection of the Subscriber's personal data under the conditions provided for in Article 9

Article 7: EFFECTIVE DATE / TERM / TERMINATION

The subscription will take effect on the day of its subscription for an indefinite period.

The Subscriber will be able to benefit from the services offered without delay, which excludes any right of withdrawal.

The subscription may be terminated at any time via the Subscriber area by the Subscriber or by the WARECAST company in the event of non-compliance with these general conditions of sale or the general conditions of use available on the site www.warecast.fr .

The termination will take effect immediately.

It will result in the loss of the credits of the Subscriber space without possible compensation, the retention by the company WARECAST of the amount of the current subscription and the transfer to its profit of the ownership of the films deposited with it by the Subscriber, this to which the latter expressly consents by subscribing to a subscription.

Article 8: RESPONSIBILITY

The WARECAST company declines all responsibility in the following cases:

faulty operation of the Subscriber's infrastructure (hardware, software, operating system, etc.)
malfunctions likely to occur at the level of the Subscriber's network resources (slowdown in bandwidth, congestion of the Internet network, etc.)
interruption of services linked to maintenance operations or technical incidents
system security (eg virus, etc.)
usurpation of the identity of the Subscriber and / or fraudulent use of his personal space

In general, the WARECAST company will not be responsible for the consequences relating to the violation by the Subscriber of these general conditions of sale.

The WARECAST company may suspend the Subscriber's account if it finds non-compliant use.

Article 9: PERSONAL DATA

If he wishes to access the services offered by the company WARECAST via the site www.warecast.fr , the Subscriber must create a personal space using connection data (username and password).

These data are personal and confidential to each Subscriber who undertakes not to disclose them under any pretext.

Otherwise, he will be solely responsible for the consequences resulting from the use by a third party of his personal space.

WARECAST reserves the right to suspend the Subscriber's account if it finds that his connection data has been stolen or used by a third party without his agreement, without the Subscriber being able to blame him or be able to claim compensation. for the data / films / credits attached to this account which it will no longer be able to access.

If the Subscriber himself notices that a third party is using his connection data to access his personal space, it is his responsibility to inform WARECAST without delay.

In addition, the Subscriber may be asked to provide his name, first name, email address and telephone number.

The Subscriber is informed that his personal data will be stored on servers located in France.

WARECAST will deploy all the necessary measures to ensure the security of the personal data of the Subscribers, without however being able to be held responsible in the event of interception of said data by an unauthorized third party.

Finally, the company WARECAST made a declaration to the National Commission for Information Technology and Freedom.

By application of the law n ° 78-17 of January 6, 1978, the Subscriber benefits from a right of access and rectification on these data which he can exercise by sending a written request by post to the company WARECAST, 15 rue Claude Taffanel, 33800 BORDEAUX.

The User also has the right to delete his personal space and his personal data that he can exercise under the same terms.

The deletion of the Subscriber's personal space and personal data will take place within a maximum period of 15 days following receipt of the request for deletion.

However, it is expressly provided that the WARECAST company will have the right to keep certain data to ensure the defense of its interests in the event of a complaint or subsequent dispute.

Article 10: INTELLECTUAL PROPERTY

Any reproduction / modification / transmission / use and / or circumvention of all or part of the www.warecast.fr site or its content is strictly prohibited.

Article 11: DISPUTES

Any dispute relating to the application and / or interpretation of these general conditions of sale will be subject to French law.

It will have to be the object of an attempt of amicable settlement by priority.

In the absence of an amicable resolution of the dispute, the competent court will be that of the place of the head office of the company WARECAST.