Terms of Use TV5MONDE PRO

Terms of Use TV5MONDE PRO

TV5MONDE, public limited company with a capital investment of 137.200,00 Euros whose headquarters are located at 131, avenue of Wagram, 75017 PARIS, FRANCE (hereafter referred to as "TV5MONDE") publishes eight regionalized TV signals broadcasted from Paris (TV5MONDE France-Belgique-Suisse, TV5MONDE Europe, TV5MONDE Maghreb-Orient, TV5MONDE Afrique, TV5MONDE Asie, TV5MONDE Pacifique, TV5MONDE États-Unis, TV5MONDE Amérique latine et Caraïbes), hereafter referred to as "the Signal".
 
As part of its activities, TV5MONDE publishes a multilingual website for professionals, www.tv5monde.com/tv5mondepro (hereafter referred to as "Website") that provides to media professionals (operators, agents, press agencies, journalists, etc.), cultural attachés and other representatives of official institutions (hereafter referred to as "Professional"), promotional tools (press releases, displays, program schedule, videos, etc.) hereafter referred to as "the Content", for the purpose of divulgation of TV5MONDE's program broadcast. For any other use, please contact the following electronic address: tv5mondepro(chez)tv5monde.org.
By visiting the Website and its Content, the Professional accepts to comply with the current terms of use (hereafter referred to as "Terms of Use") and with the French law. The current Terms of Use are those available online on the Website, at the time of the visit. The date of last update is indicated in the title of this document. TV5MONDE reserves the rights to modify these Terms of Use at any time. In the event that, following the modification, the Terms of Use are still available to the Professionals through 3rd-party websites or by any other means, these Terms of Use should not be invoked against TV5MONDE. The Professional is therefore invited to connect directly to the Website to peruse the current Terms of Use.

The Professional declares having the capacity to accept the Terms of Use, which means being major of age, not being under guardianship or trusteeship, and being rightfully empowered through his job position to access the Website and its Content, as a Professional.
 
The Professional is advised to save and/or print these Terms of Use.

1. REGISTRATION / IDENTIFICATION


1.1
TV5MONDE PRO is for Professionals only. All Professionals willing to access its Content are required to sign up. If the Professional is not registered yet, he shall fill a registration form containing mandatory fields. The Professional commits to filling the requested information in good faith and to updating this information afterward. The Professional shall choose an email address and a password in order to access the Content. When registering, the Professional accepts without reservation the Terms of Use available on the Website on the day of his registration. Once the registration process is done, the Professional shall log in every time he accesses the Content.

1.2 TV5MONDE reserves the right to deny the registration of the Professional at its sole discretion, and would send a notification of it to the Professional.

1.3 The Professional is solely responsible for the use of his TV5MONDE PRO account. Any connection or data transmission occurring on the Website will be assumed to be from the Professional and under his sole responsibility. It is also specified that the Professional is fully and solely responsible for the use, by himself and by any third party.

1.4 The Professional commits not to reveal his login and password, or to assume the responsibility in case of fraudulent use, of which TV5MONDE shall in no event be held accountable. In case of loss of credentials, the Professional shall click on the link "password forgotten", available on the identification/registration page. In case of non authorized use of his account, of his login and password, the Professional shall immediately inform TV5MONDE following the process from the article "COMPLAINTS" in the Terms of Use.

2. AUTHORIZED COUNTRIES


The Professional is authorized to access only to the Content corresponding to one or more Signals and/or territories for which he exercises his Professional activity. To this end, the Professional is compelled to an obligation of due diligence.

3. PROTECTION OF PRIVACY


3.1 The personal data of the Professional are for the sole use of TV5MONDE. They provide a better knowledge of the Professional in order to improve the services that are offered to him.

3.2 TV5MONDE might send to the Professional, by email or any other way of communication, information providing him with a better knowledge of TV5MONDE's programs and services.

3.3 The Professional can exercise his right to access and to modify his personal data and his right to object by following the claim process described in the item "COMPLAINT" of the Terms of Use.

4. COMPLAINTS


4.1 For any question or request for information regarding the Website or its Content and/or any question in relation to the right to access, to object, to modify, to correct, to delete your personal data, you can send your request to the following email address: tv5mondepro(chez)tv5monde.org.

4.2 TV5MONDE commits to answering these questions or requests for information as soon as possible.
 
4.3 To process your request, you must absolutely communicate all the following information to TV5MONDE (email: tv5mondepro(chez)tv5monde.org) :

    -  the type of Content concerned;
    -  the reason of your complaint;
    -  your detailed information (name, first name, company);
    -  Any necessary justification supporting your request.
 
4.4 Thus deposited request will be analyzed by TV5MONDE, which will strive to answer it as soon as possible and with the most appropriate solution.

5. INTELLECTUAL PROPERTY


5.1 All the texts, video, photos, press releases, press files, program bulletins and schedules, brands, logos, distinctive signs, etc. used on the Website and in the Content are solely proposed for the divulgation of the broadcasting of TV5MONDE's programs and are protected by the right to intellectual property in France and/or worldwide.

5.1.1 The Professional is authorized to store the Contents for the time strictly necessary to the divulgation of TV5MONDE's program broadcasts and is not authorized to create archives of these Contents.

5.1.2 While promoting TV5MONDE's program broadcasts, the Professional shall respect the references and credits as stipulated on the Website and/or in the Contents.

5.1.3 Any modification of the Content is prohibited, except with prior written consent from TV5MONDE and/or from persons entitled to these rights.


5.2 Any other use, except with prior written consent from TV5MONDE and/or persons entitled to these rights, constitutes a forgery and is punished pursuant to the intellectual property.

5.3 Any use of the Content made available, and particularly on the photo library, for other purposes than the promotion of TV5MONDE's program broadcasts (channel promotion, promotion of the Professional's activities, etc.) and/or in other formats and/or media than those necessary to the promotion of TV5MONDE's program broadcasts is subject to prior authorization from TV5MONDE and/or from the persons entitled to the rights on the Contents. The Professional can contact TV5MONDE at the following email address: photos(chez)tv5monde.org.

6. CONSERVATORY MEASURES


6.1 In the event of a behavior causing severe prejudice to the operation of the Website and/or its Content, or in case of non-respect of the Terms of Use by the Professional, TV5MONDE reserves the right, at its sole discretion and with no prior notice, to immediately block his access to the Website and/or Content. It is expressly specified that the application, by TV5MONDE, of the above mentioned measures, shall not give right to any type of compensation.

6.2 TV5MONDE reserves also the right to use any recourse against, and in particular to prosecute, whoever would have deceived or disrupted the operations and the rules described in these Terms of Use, or would have attempted to do so.

6.3 TV5MONDE shall also, for reasons related to the Law, not make available some of the Contents on the Website.

7. RESPONSIBILITIES

7.1 RESPONSIBILITY OF THE PROFESSIONAL


7.1.1 The Professional commits not to make any use of the Website or the Content offered by TV5MONDE, that wouldn't be expressly authorized by TV5MONDE and/or that could cause severe prejudice to TV5MONDE and/or third-parties, and guarantees TV5MONDE against any recourse to this respect.

7.1.2 The fact that the Professional uses the Content does not grant him any special right in terms of royalties, know-how rights, trademarks, service marks, or any other industrial or intellectual property right, in relation to TV5MONDE or its partners (hereafter referred to as "the Rights"). The Professional commits not to infringe rights in any way. Any content presented by TV5MONDE or its partners under this agreement is protected by the industrial or intellectual property rights pertaining either to the latter or to TV5MONDE.

7.2 RESPONSIBILITY OF TV5MONDE


7.2.1 The browsing of the Website and/or Content implies the knowledge and the acceptance of the characteristics and limits of Internet, particularly in respect to the technical performances and the response times needed to browse, query or transfer information, the lack of protection of some data against potential misappropriations and the risks of contamination by potential viruses from the network.

7.2.2 TV5MONDE does not guarantee that the Website and/or the Content are available
without disruption or that they do not contain any type of programming errors. TV5MONDE commits however to take any necessary measure in order to correct the eventual errors reported, as part of an obligation of means.

7.2.3 TV5MONDE will make its best efforts to maintain the Website and/or its Content in an operational state. It is however an obligation of means and TV5MONDE does not offer any guarantee on the continuous operation and/or the continuity of the Website and/or its Content, particularly and without it being restrictive, in Acts of Gods or unforeseeable events as defined by the legislation in effect.

7.2.4 TV5MONDE cannot be held responsible for the bad functioning of the Website and/or the Content for a given browser.

7.2.5 TV5MONDE shall not be held responsible in the event that data related to the registration of the Professional are not delivered to him (for example, an Internet connection error or any other problem related to the Professional, a momentary failure of the servers for an unknown reason, etc.) or if the data is illegible or impossible to process (for example, if the Professional's computer equipment or software environment is inadequate for his registration, etc.).

7.2.6 TV5MONDE PRO is a multilingual space. TV5MONDE, however, shall not be held responsible if all or parts of the Website and/or its Content are not available in all the offered languages.

7.2.7 Should TV5MONDE's responsibility be engaged following a breach of one of its obligations in respect to these Terms of Use, the compensation shall solely apply to direct, personal and certain damages, to the express exclusion of compensation for indirect and intangible damages and/or loss, such as financial loss, commercial loss, loss of operation or loss of turnover, loss of data.

8. APPLICABLE LAW AND JURISDICTIONAL COMPETENCE


These Terms of Use are subject to the French law. The courts of Paris shall be sole qualified in the event of litigation.

Last update: July 20 2011