Terms and Conditions of the online video platform Libcast

    G.T.U. last updated: March 18, 2018

    Legal information and terms of use of the LIBCAST.COM website

    The websites: (1) libcast.com, (2) libcast.net, (3) libcast.org, (4) libcast.eu, (5), libcast.mobi, (6) libcast.info, (7) libcast.biz, (8) libcast.fr, (9) libcast.be, (10) libcast.co.uk, (11) libcast.de, (12) libcast.es, (13) libcast.us, (14) libcast.nl, (15) libcast.tv, (16) libcast.cn, (17) libcast.in, (18) libcast.it, (19) libcast.me, (20) libcastpro.com, (21) libcastedu.com, (22) libcast-e.com, (23) libcast-u.com, (24) libcastcorp.com (hereafter referred to as the "Website") are published by: LIBCAST SAS, A SIMPLIFIED JOINT STOCK COMPANY with a registered capital of 97,260.00 euros, registered in the Trade & Company Register of Bordeaux,

    SIRET number: 49118273900046
    Postal address: LIBCAST SAS - 11-13 rue de Gironde, 33300 BORDEAUX
    E-mail address: contact{at}libcast{dot}com
    Head office telephone number: (+33) 05 64 21 00 30

    The Website is hosted by the company OVH SA. Head office address: 140 quai Sartel 59000 ROUBAIX
    Telephone: 08 99 70 17 61
    Please read all of the present Terms of Use attentively before consulting the Website and using the Service.

    DEFINITIONS

    For the application of the present General Terms of Use, the words and expressions mentioned below beginning with a capital letter will have the meaning attributed to them in this article. These words will be considered as having the same meaning in both their single and plural variants:

    "G.T.U.": refers to these General Terms of Use;

    "Channels": refers to the public interface(s) made available to the User by LIBCAST, enabling him to publish the Content previously uploaded to his Briefcase;

    "Access codes": refers to the e-mail address and password entered by the User when creating his User Account;

    "User Account": refers to the personal LIBCAST account which any User wishing to subscribe to the Services proposed by LIBCAST must create;

    "Simultaneous Connections": refers, (regarding the LIVE STREAMING Service Packages), the maximum number of IT workstations connected to the Internet
    (computers, smart phones, etc.) which may simultaneously view a Live Session broadcast by the User via the LIVE STREAMING Service;

    "Content": refers to the multimedia content hosted by LIBCAST for the User of the Services, for viewing on demand on the Website (the V.O.D. Service) or for direct broadcasting (the LIVE STREAMING Service);

    "Stream": refers to the digital video data from the User’s Recording Equipment, which must be encoded and transmitted to LIBCAST for broadcasting;

    "Internet": refers to all interconnected IT and telecommunications networks of a global nature, providing Users with access to content, via servers. Each part of this network belongs to private and public bodies which operate them on a cooperative basis, with no bilateral quality obligations applying;

    "Recording Equipment": refers to the User’s equipment (studio, web cam, digital video camera, etc.) enabling him to record video Content;

    "Mount of Point": refers to the directory-server via which the User transmit his Feed to LIBCAST, for broadcasting purposes. This may be an Mount of Point associated with the User Account or with the URL generated by the User’s encoder;

    "Briefcase": refers to the User's personal interface, via which he can publish his Content on the Website;

    "Services": refers to all services proposed by LIBCAST, which include firstly the V.O.D. Service and secondly the LIVE STREAMING Service;

    "LIVE STREAMING Service": refers to the Service enabling the User to broadcast video Content recorded from his own Recording Equipment directly to a certain number of Simultaneous Connections. The previously recorded Content, encoded and transmitted to LIBCAST via one or several dedicated Mount of Points, is then broadcast by LIBCAST to the maximum number of Simultaneous Connections allowed in the Package taken out by the User of the "LIVE STREAMING Service";

    "V.O.D. Service": refers to the video hosting Service enabling the User to upload his Content to his Briefcase to have it hosted and broadcast by LIBCAST;

    "Live Session": refers to the broadcasting of the Content live over the Internet via the LIBCAST Website. Each Live Session is configured by the User (broadcast start and end dates, times, etc.) having signed up to a LIVE STREAMING Service Package for his Briefcase;

    "Website": refers to the LIBCAST website, the URL of which is https://www.libcast.com;

    "User": refers to any person wishing to use the LIBCAST Services


    ARTICLE 1. Scope of the G.T.U.

    1.1. Application of the G.T.U. The purpose of these G.T.U. is to define the conditions under which LIBCAST supplies its online Content hosting, management and broadcasting Service, for viewing on demand (the V.O.D. Service) or live streaming (the LIVE STREAMING Service) via its Website

    1.2. Hosting. LIBCAST makes a particular point of hosting (or arranging to be hosted) all of the Users’ Content on French soil only. At its discretion, LIBCAST may modify the nature and scope of the Services, adapt the proposed Packages to the current technical conditions and ensure their compliance with the applicable legislation.

    ARTICLE 2. Acceptance - Modification of the G.T.U.

    2.1. Application of the G.T.U. These G.T.U. apply more generally, without restriction or reservation, to the Services proposed by LIBCAST to the Users, who consequently agree to comply with them. Each User is systematically made aware of them, to enable him to create a User Account on the Website and to benefit from the Services. A version of these G.T.U. will be sent by e-mail to each User in .pdf format.

    2.2. Prior and unreserved acceptance. Registration for the Services proposed by LIBCAST and their use is subject to the complete acceptance and compliance with these G.T.U. by the User, who declares and acknowledges that he is fully aware of them, possesses the legal capacity to enter into such an agreement and
    consequently renounces any right or entitlement to avail himself of any document to the contrary, including among others his own possible general purchasing conditions which will not apply to LIBCAST, even if the latter was aware of them.

    2.3. Modifications to the G.T.U. LIBCAST reserves the right to modify these G.T.U. at any time. The User expressly agrees to periodically check the contents of the G.T.U. and to successively accept their terms, or failing this to cease using the Services. LIBCAST also reserves the right to transfer the rights and obligations it holds under the terms of these G.T.U. to any third party of its choice, in any form whatsoever, which the User expressly acknowledges and accepts.

    ARTICLE 3. Conditions governing registration for the service

    3.1. Information. Any person wishing to use the Services (the V.O.D. Service and/or the LIVE STREAMING Service) must register via the Website beforehand.

    Registration entails the creation online of a LIBCAST User Account, by completing the "Project name", "E-mail address" (valid) and "Password" fields. Each User
    agrees to supply accurate, complete, valid and true information and furthermore agrees to update this whenever necessary. In particular, the User agrees to guarantee the satisfactory operation and actual use of his contact e-mail address, with this address being vital to the satisfactory operation of the Services. The User consequently guarantees on his honour the truthfulness and accuracy of the information sent to LIBCAST.

    3.2. Prior acceptance of the G.T.U. Registration for the Service takes place when the User formally accepts these G.T.U. by ticking the box provided for this purpose and then confirms his registration. This confirmation implies acceptance of all of these G.T.U., the abandonment of any possible general purchasing conditions by the User and constitutes proof of the contract concluded between LIBCAST and the User.

    3.3. The recording of registration information - Data. The activation and acceptance of the registration by LIBCAST is confirmed by the sending of an e-mail by LIBCAST to the User. The data recorded in LIBCAST's IT system constitutes proof of all transactions concluded with the User.

    3.4. Personal user account - Access Codes. Each User may only be in possession of a single User Account for the Services, enabling him to access a Briefcase. The Access Codes are unique to each User. If he so wishes, each User should change his password regularly and ensure the secure storage of his Access Codes. These codes are personal and should not be supplied to any third party. The User is solely liable for the use and storage of his Access Codes and must immediately inform LIBCAST if he notes any security breach involving the communication or misuse of his Access Codes.


    ARTICLE 4. SERVICE

    4.1. For the Service, LIBCAST provides the user, for the duration of the subscription period, with an Administrator Briefcase, which is strictly personal to him and the option to create Contributors’ Briefcases. This provision includes the strictly personal, non-transferable and non-exclusive authorizations:

    (a) To upload Content (audio, video, visual and text content) from his hard drive, a recording device or an embed code and to reference an RSS feed in the Administrator Briefcase; 
    (b) To publish Content previously uploaded to the Administrator Briefcase, in the Channels made available to him by LIBCAST and consequently to share his Content with a third party or another User; 
    (c) To access certain Users’ Channels subject to authorization, and, according to the case in question, view via streaming, reproduce through downloading, and possibly, for personal use only, to access the published Content for which access is granted to him on his Broadcast Media;
    (d) To access the Zendesk Forums associated with the Service;
    (e) To benefit from a statistical tool making it possible to access the following data: number of views, read rate, number of plays, audience summary and details of plays for each geographical area, details of actions performed (sharing, download button and details of plays by equipment type;
    (f) To have access to the LIBCAST API (https://developers.libcast.com/api/03-api/) and an API key per Briefcase;
    (g) To access the Technical Support described in article 8.3. by e-mail, via the Zendesk platform and by telephone (05.64.21.00.28);
    (h) To have access to the Monetization Function mentioned in article 5.

    4.2. For the Service, LIBCAST offers the Client a choice between several Service Packages, the key characteristics of which are as follows:

    Service package

    CRUISE*

    GROWTH*

    ROCKET*

    Storage capacity from 1 to 5.000 from 1 to 5.000 from 1 to 5.000
    Bandwidth   Unlimited  Unlimited   Unlimited 
    Live Streaming

    X

    Up to 200 connections

    Up to 1.000 connections

    Video upload and encoding   V V V
     Video publishing workflow  V V V
     Branded video player V V V
     Customized encoding V V V
     Privacy control (IP, domain, country)  V V V
     Video protection with password V V V
    Monetization V V V
     Personalized domain name V V
     Order form purchase V V
     Dedicated back-up X V V
     Branded back-end X X V
    LDAP/AD, SSO support X V
    99,99% Uptime SLA X V
    Contract  X X X
     1 hour of tests and training X V
     API ** (10.000 calls max)  (50.000 calls max)    (200.000 calls max) 

    * Prices are likely to change
 

    ** https://developers.libcast.com/api/03-api/


    4.3. "Custom" Package: Upon express request from the Users, LIBCAST proposes "Custom" Packages which can offer a total storage volume over 5.000 videos. LIBCAST will provide a tailored quotation to each user requesting this.

    4.4. Provisional Demonstration Account: LIBCAST makes it possible to create a single Demonstration Account. LIBCAST then provides the User with a Briefcase which is personal to him, combined with a storage volume of 20 videos, combined with free authorizations, on a strictly personal, non- transferable and non-exclusive basis as mentioned in articles 4.1. (a), 4.1. (b), and 4.1. (c), for a maximum subscription period of FIFTEEN (15) calendar days (non- renewable). It is expressly agreed that the User cannot create additional Demonstration Accounts during and/or following the subscription period, with LIBCAST reserving the right to refuse or delete any Demonstration Account created in contravention of this clause.

    4.6. Free account for teachers: For the duration of the subscription to the Service, LIBCAST provides the User (a teacher) with a Briefcase which is personal to him, with a storage volume of 20 videos and a strictly personal, non-transferable and non-exclusive authorization:
    (a) To upload Content (audio, video, visual and text content) from his hard drive, a recording device or an embed code and to reference an RSS feed in the Briefcase;
    (b) To publish Content previously uploaded to the Briefcase in the Channels made available to him by LIBCAST, thereby sharing his Content with a third party or another User;

    (c) To access certain Users’ Channels subject to authorization, and, according to the case in question, view via streaming, reproduce through downloading, and possibly, for personal use only, to access the published Content for which access is granted to him on his Broadcast Media;
    (d) To access the Zendesk Forums associated with the Service
    (e) To benefit from a statistical tool making it possible to access the following data: number of views, read rate, number of plays, audience summary and details of plays for each geographical area, details of actions performed (sharing, download button and details of plays by equipment type;
    (f) To access the Technical Support described in article 8.3. by e-mail and via the Zendesk platform. 

    This solution is reserved only for teachers in possession of a valid professional e-mail address in their name (first name.last name@ac-ville.fr) and exclusively for educational purposes. The accounts will be verified manually. Only a single account may be accessed per teacher. LIBCAST reserves the right to refuse or delete any free account for a teacher, created in contravention of this clause.

    ARTICLE 5. Live Streaming Service

    5.1. Technical requirements. The User hereby acknowledges that he has familiarized himself with LIBCAST’s technical requirements, which can be viewed on the Website (link/url: https://support.libcast.com/hc/fr/articles/208147485), before subscribing to the LIVE STREAMING Service, with it being hereby specified that the use of this Service requires in particular that the User should be in possession of the following:
    (a) Recording Equipment. The operation of the LIVE STREAMING Service requires the User to possess digital Recording Equipment for video content (studio, camera or web cam). This same Recording Equipment must imperatively be connected to the Internet via a computer or a recording device.
    (b) Encoder. The operation of the LIVE STREAMING Service requires that the User should possess a physical encoder connected to the Internet by cable, or should download, install and configure compatible encoding software. This encoding software makes it possible to convert Feeds in order that they may be read on the various media. For this purpose, LIBCAST recommends the use of the ADOBE FLASH MEDIA ENCODER® software, available for download at the following address: http://www.adobe.com/fr/products/flash-media- encoder.html.
    (c) Minimum internet connection speed. To ensure the optimal operation of the LIVE STREAMING Service, the User must imperatively have a broadband Internet connection (optical fibre for HD videos) in order to transfer the video data Feed from his Recording Equipment to LIBCAST. LIBCAST is unable to guarantee under any circumstances that the LIVE STREAMING Service will operate if the User has an internet connection speed of less than 2.5 MEGABITS per second. Before signing up to the Services, the User is therefore invited to test his Internet speed via a specialized website (www.speedtest.net for example).

    5.2. LIVE STREAMING pricing. The Live streaming service is included in the VOD pricing mentioned in article 4.2

    5.3. Definition of the LIVE STREAMING Packages: For the LIVE STREAMING Service, LIBCAST provides the User, for the duration of the subscription period, with a Briefcase, which is strictly personal to him, and a strictly personal, non-transferable and non-exclusive authorization:

    (a) To create and configure an unlimited number of successive Live Sessions in his Briefcase;
    (b) To associate each Live Session with a single Edit Point and possibly to purchase additional Edit Points according to his requirements;
    (c) To publish the Live Session on a private Channel or to receive an embed code in order to publish the Content directly on his own Website;

    (d) To enable 1 and 1.000 Simultaneous Connections to access the Live Session (according to the package);
    (e) To benefit from a statistical tool making it possible to access the following data: number of views, read rate, number of plays, audience summary and details of plays for each geographical area, details of actions performed (sharing, download button and details of plays by equipment type).

    5.4. Third-party service providers. The User is informed that LIBCAST makes use of a third-party service provider for the LIVE STREAMING Service, regarding the encoding of the initial Feed and the distribution of this Feed.

    5.5. Limitation of liability in the event of misuse. The User bears full liability for the safekeeping of the URL and the embed code generated for the creation of each of his Live Sessions. Accordingly, it is expressly agreed that in the event that this information (the URL and/or the embed code) is voluntarily or involuntarily made available to a third party, LIBCAST retains the option to suspend access to the Simultaneous Connections exceeding the ceiling for the Package taken out by the User, regardless of the number of Simultaneous Connections active on the User’s Website or Private Channel, with the invocation of this right generating no compensation, rights or entitlements for the User.


    ARTICLE 6 - The monetization function

    6.1. Access. Access to the Monetization Function is included in all packages.

    6.2. Payments. All payments made with regard to the Monetization Function are managed by the "Stripe" payment Platform (https://stripe.com), the usage conditions for which the User hereby declares that he has expressly accepted when signing up for the service (https://stripe.com/fr/terms). The subscription to the Monetization Function enables the User to associate his LIBCAST Briefcase with a "Stripe" account which, directly integrated in the Briefcase, will alone handle the collection and forwarding of payments.

    6.3. Definition of the Access Offer. The Monetization Function enables User to define one or several offers for access to his monetized Content, which he alone defines under his sole liability, with an offer being characterized by a price (in Euros) combined with a period for which access to published Content is unlimited for the End Users (hereafter referred to as the "Monetized Access Offer").

    6.4. Liability. When subscribing to a User’s Monetized Access Offer, the End User is considered as having concluded a contract directly with the User. The User having subscribed to the Monetization Function is consequently solely liable for the consequences, including those of a financial nature, which may result from the early suspension of his broadcasts (either at his initiative or request, or at the request of LIBCAST and through implementation by it of its legal obligations) associated with the Monetized Access Offer vis-a- vis purchases made by End Users. On this point, the User expressly guarantees compliance with the terms of the Monetized Access Offer which he has defined and accordingly agrees to hold LIBCAST harmless in the event of any complaint or claim of any nature issued by a third party or User (End User or otherwise) as a result of complaints or claims which may be addressed to it concerning this, and more generally agrees to solely assume all repercussions and consequences related to non-compliance with the terms of this article, with the result being that LIBCAST may not be pursued or held responsible for such matters.

    6.5. Licence. By opting for the Monetization Function, the User grants LIBCAST the right to distribute, transmit, issue rights (read rights to the End Users for their use concerning the for-payment service) and promote the monetized publication for the period described in the associated Monetized Access Offer.

    6.6. Price of the Monetization Function. LIBCAST will deduct a commission of TEN (10) percent of the total net value of each transaction to cover its service costs and financial costs, which is paid directly via the Stripe payment platform.

    6.7. Compliance with the G.T.U. In the case of non-compliance with these G.T.U. by the User, LIBCAST reserves the option to suspend, limit or deactivate access to the User’s Monetization Function, and will incur no liability for this in any form.

    ARTICLE 7 - Term

    7.1. Subscription period to the Packages. With the exception of the temporary Demonstration Account, for which the subscription period is a maximum of FIFTEEN  (15) calendar days (non-renewable), the User subscribes to the Services for an initial period of ONE (1) calendar month or ONE (1) calendar year, according to the chosen Package (hereafter referred to as the "Initial Periods"), renewable by tacit renewal for successive terms of the same length (referred to hereafter as the "Renewed Periods").

    7.2. Change of Package by the User. Any User can change the LIBCAST Service Package by clicking on the Change offer tab in the drop-down menu on the top right of his management interface. Unless agreed otherwise with LIBCAST, the change of Package will be effective as from the day after the expiry of the subscription period (Initial Period or Renewed Period) during which LIBCAST has been notified of the request to modify the Package. (For example, if the initial subscription is made on May 1 and LIBCAST becomes aware of the request for the change of Package on May 15, the change of Package will take effect as from June 1).

    7.3. The User may terminate his Package at any time, using one of the following methods (a) writing to LIBCAST’s postal address: LIBCAST SAS - 11, rue de Gironde – 33300 BORDEAUX CEDEX; (b) or by e-mailing: juridique@libcast.com. LIBCAST will record the User’s requested termination within a period of THREE (3) working days following the date of receipt of his request. The termination will take effect at the end of the Initial Period (or of the Renewed Period) during which the termination request is recorded by LIBCAST.

    7.4. Inactive user. A User no longer using the Service or having not logged in using his Identifiers on the Website for a period of at least TWELVE (12) calendar months will be presumed to have terminated his Package TEN (10) days after the sending by LIBCAST of the second reminder e-mail informing him of this situation, should no reply be received.

    7.5. Consequences of the end of the subscription. Once the termination has taken effect, and more generally at the end of the subscription regardless of the grounds for this, the User authorizes LIBCAST to delete all of the Content and information he has uploaded, published and received in his Briefcase(s) and more generally on the Website. The User consequently agrees to permanently store a backup copy of the Content uploaded to his Briefcase and more generally hosted by LIBCAST.

    ARTICLE 8 – Prices -Payment terms

    8.1. Prices. The Services are supplied at the LIBCAST prices applicable on the subscription date to the Package in question, based on the LIBCAST price list https://www.libcast.com/en/plans, with it being hereby specified that the prices are net and ex-tax, and may be modified at any time by LIBCAST. In the event that LIBCAST increases its prices, LIBCAST will send each User concerned an e-mail to inform them, reminding them in particular of their option to terminate the Package underway before the application date of the modified price.

    8.2. Payment of the price. The monthly or annual prices are payable in cash, in full on the subscription date of the Package chosen by the User in accordance with the conditions defined hereafter, and as shown on the invoice sent to the User by e-mail.

    8.3. Payment terms. In the absence of any special terms negotiated directly with LIBCAST, each subscription to the LIBCAST Service Package is payable by automatic bank transfer, with payments being made on a monthly or annual basis according to the case in question, as from the creation date of the User Account, via the "Stripe" online payment solution (for example: for a "monthly" LIBCAST User Account created on the ninth of the month: first payment on the creation date and payments on the ninth of each following month; for an "Annual" LIBCAST User Account created on May 9 in a year: first payment on the creation date and payments on May 9 of each of the following years.

    8.4. Non-payment. In the event of a failure to pay a single monthly installment, the User will receive an e-mail from LIBCAST informing him of the problem. Should the User fail to reply or rectify matters within a period of TEN (10) calendar days as from the date on which this e-mail is sent, his User Account may be deleted at the discretion of LIBCAST, which may not be considered liable for the loss of the Content.

    8.5. Package Modifications. In the event that the User changes Package in accordance with the conditions mentioned in article 6.2, his bank account will be debited for the sum corresponding to the price of the new Package on the date it takes effect, with the previous period being debited at the previous price.

    8.6. Penalties applicable to Business Users. In the event of late payment of the sums owed by the User beyond the deadline mentioned above and after the payment date shown on the invoice addressed to the latter, late payment penalties calculated at a monthly rate of TEN (10) % of the VAT inclusive cost of the Service price shown on the invoice concerned will be automatically payable as of right to LIBCAST, with no formalities required and no prior formal notice necessary. Late payment will result in all sums payable to LIBCAST by the User immediately becoming due, without prejudice to any other action which LIBCAST will be entitled to initiate against the User as a result. Finally, a fixed indemnity for collection charges of a sum of FORTY (40) euros will be automatically payable as of right and without notification to LIBCAST in the event of late payment.

    8.7. Consequences of non-Payment. In the event of a failure to comply with the payment terms shown above, LIBCAST also reserves the right to suspend the provision of the Service to which the User has subscribed, to suspend the performance of its own obligations and to cancel any possible discounts granted to the latter. Unless expressly agreed otherwise beforehand in writing with LIBCAST, no adjustment or offsetting may be performed by the User between any possible penalties for delays in the provision of the ordered Service or non-compliance on the one hand, and the sums owed by the User to LIBCAST for the purchase of the Service on the other hand.

    ARTICLE 9 - Access to the service

    9.1. Availability. LIBCAST will do everything possible to ensure that the Website and the associated Services are accessible 24 hours a day, 7 days a week, with the exception of the periods of maintenance necessary to the satisfactory operation of the Services ("AP" for "Availability Period"). On this point, more precisely LIBCAST will do everything possible to guarantee an availability rate ("AR") of 99% calculated based on the following formula: AR = (AP – sum of the NAT) / AP x 100 [%]; in which "NAT" is the non-available time related to an interruption and in which AR is calculated on a monthly basis. Finally, it is expressly agreed that the contractual obligation mentioned in this article may under no circumstances be interpreted as an absolute obligation, which the User expressly and unreservedly accepts.

    9.2. Force Majeure. Access to the Website and the associated Services may also be temporarily interrupted, with no possibility for the said interruption to be given as grounds for the payment of any compensation to the User, in force majeure circumstances and in the case of events outside LIBCAST's control such as any possible (a) breakdowns concerning IT equipment and telecommunications networks, (b) the behaviour of certain Users, (c) security flaws (non-exhaustive list),
    (d) failings by LIBCAST's partners and/or subcontractors with no possibility for the User to claim any compensation or to make any liability claim against LIBCAST on any grounds. Finally, the User acknowledges that due to the very nature of the Internet, LIBCAST cannot guarantee the availability of the Service or assume any liability for its temporary unavailability.

    9.3. Access. The Service is accessible from a Broadcast Medium connected to a telecommunications network allowing access to the Website based on communication protocols used on the Internet. The User, who must imperatively have Internet access, will solely assume the communication costs making connection to the Internet possible. Consequently, LIBCAST may not be considered liable in the event of computer breakdowns affecting the User’s equipment or the suspension or deletion of his Internet access.

    9.4. Technical Support. LIBCAST will provide Technical Support from Monday to Friday from 8:30 AM to 6 PM (Central European Time), except on public holidays and legal holidays and except in the event of exceptional unavailability due to maintenance operations. The Technical Support service can be accessed (a) by e-mail at the address support@libcast.com, (b) by telephone on 05.64.21.00.30 (for the "Standard", "Premium" and "Business" V.O.D. Service Packages only, (c) via the "Zendesk" platform built into the Briefcase in the "? Help" section. The User must inform LIBCAST's Technical Support department of any possible Anomalies with the Service. LIBCAST agrees to do everything possible to perform the modifications needed to rectify the Anomalies reported via the Technical Support service, with the term " Anomaly" being understood as referring to any incident, fault, defect or problem which significantly adversely affects the use of all or part of the Service’s functions, the results of these effects being non-compliance with the functional specifications and the terms of these G.T.U.

    9.5. Exclusions. LIBCAST will not be required to provide maintenance and Technical support services in the following cases (a) minor Anomaly not adversely affecting access to the Service; (b) minor Anomaly due to the incorrect use of the Service; (b) modifications to certain functions of the Service by the User or by a third party, without LIBCAST's prior written agreement; (c) Anomaly caused by reasons external to the Service, including but not limited to an interruption in telecommunications and/or electronic networks, accidents, failings by one of LIBCAST's subcontractors, or Force Majeure events.

    ARTICLE 10 -The User’s Obligations

    10.1. Compliance with the rules and regulations. When using the Services, the User agrees not to contravene the legislation, the applicable customs, the legitimate interests of third parties and of LIBCAST, or the intellectual property rights of third parties or other Users. On this point, among other things, the User agrees not to: (a) send, circulate or make available messages, audio, video, text and/or images which are of a pedophile nature, which encourage racial hatred, which are likely to be considered as negationist, as defamatory, as encouraging murder or suicide or as glorifying or excusing crimes against humanity, and/or more generally those contrary to laws, regulations or accepted standards of behavior; (b) perform or encourage any act of computer piracy, hacking, spamming or fraudulent/illicit collection of personal data; (c) violate the applicable legislation concerning intellectual property rights and in particular to avoid reproducing any Content on the Website for which the intellectual property rights are held by a third party without the prior written agreement of the said holder; (d) infringe personality rights; (e) disrupt or seek to disrupt the operation of and/or access to the Website and/or the Services; (f) use the Website and/or the Services to carry out advertising or for any unsolicited promotional activities with the exception of video adverts possibly incorporated within the LIBCAST reader (only before the reading of Content by the Users).

    10.2. User-published Content. The User is solely liable for the Content he uploads to his Briefcase and which he publishes on his Channels. In particular, he guarantees that the Content he publishes does not contravene any applicable law or regulation or any Third Party Rights, and that he possesses all of the intellectual property rights necessary to the publication of the Content. By publishing the Content on his Channels, the User grants the Users the rights mentioned in article 11.2.

    10.3. Hypertext links to the Website. The User has the option to create a hypertext link to the Website on his own website, on condition however that the website on which the hypertext link is created does not disseminate any information and/or content likely to constitute an infraction of a law or regulation and more generally contains none of the elements listed in article 9 "THE USER'S OBLIGATIONS" of these G.T.U. The creation of hypertext links in no way constitutes or creates an authorization to reproduce an Element of the Website.

    10.4. Suspension of access to the Account. LIBCAST reserves the right to delete and/or suspend the User’s access to the Services in the following situations: (a) the User has not complied with all or part of the present G.T.U.; (b) LIBCAST has become aware of the illegal nature of the Content stored by the User; (c) LIBCAST has received a complaint or claim issued against the User by another User or a third party. On this point, in the event that LIBCAST receives complaints informing it of the existence of content published by a User believed to infringe its rights, LIBCAST will inform him and, in its capacity as a hosting provider, will adopt a precautionary approach by immediately suspending the User’s access to the Services as well as withdrawing the Content concerned by the complaint. The decision to exercise this right to suspend or delete access to the Services will not lead to LIBCAST incurring any liability vis-a- vis the User;

    10.5. Legal duty of information. LIBCAST will promptly inform the relevant public authorities of any illegal activities reported to it concerning a User of the Services (and in particular in the scenarios mentioned in article 10.4.).

    Article 11 - Libcast’s liability

    11.1. Capacity as a hosting provider. LIBCAST has the capacity of "provider of hosting services" under the terms of article 6 of Law number 2004-575 of June 21 2004 for confidence in the digital economy and article 14 Directive 2000/31/EC of the European Parliament and Council of June 8, 2000.

    11.2. Legal limitation of liability. LIBCAST is not under any general obligation to monitor the information and Content it hosts at the Users’ request, nor any general obligation to seek out facts or circumstances revealing illegal activities. As a consequence thereof, LIBCAST may not be considered liable for the Content, activities or information hosted at the request of a User if it was not actually aware of the fact that by their nature they were illegal and/or contrary to public order or accepted standards of behavior or facts and circumstances revealing this nature or if, from the moment it became aware of this, it acted promptly to remove this Content or to make access to it impossible.

    11.3. Hypertext links from the Website. Hypertext links contained on the Website may link to other websites or other Internet sources. In as far as it cannot verify these external sites and sources, LIBCAST cannot be considered liable for the availability of these external websites and sources and will bear no liability concerning the content, advertising, products, services or other content available on or from these external websites or sources. The User expressly acknowledges and accepts that LIBCAST may not be considered liable for any proven or alleged losses or damage as a result of or in relation to the use or consultation of, or the placing of confidence in the content, goods and services available on external websites or sources whose hypertext links are featured on the Website. Finally, in as far as this is authorized by law, LIBCAST may not be considered liable if the content of the said other websites in any way contravenes applicable laws and regulations.

    11.4. Functions and presentation of the Website. The presentation and functions of the Website and the associated Services are provided "as is" and may be modified at any time by LIBCAST. The Website may contain technical or typographical errors or other inaccuracies. LIBCAST may not be considered liable for any errors or omissions on or concerning the Website or in any document contained on it.

    11.5. The Functions of the Services. LIBCAST does not guarantee that the functions of the various Services are guaranteed with no risk of interruptions or errors, nor that the Website and the associated Services are free of viruses or other dangerous content. Under no circumstances may LIBCAST be considered liable for any direct or consequential losses caused by acts of God or unforeseen circumstances, resulting from the use of the different elements and functions of the Website.

    11.6. LIBCAST may not be considered directly or indirectly liable on any grounds and for any cause: (a) in the case of losses resulting from transactions and/or exchanges of information and/or of goods and services performed between the Users; (b) in the case of interruptions to the Website and the associated services as a result of maintenance operations or the behavior of Users; (c) in the case of loss or damage to equipment of any form, or loss of data, during a connection to the Website, in particular if such events result from the propagation of a virus or other IT- related infections; (d) concerning the relationships or dealings which may be established between the Users and third parties whether partners or otherwise of LIBCAST, when using the Service, and/or regarding the services supplied by these third parties and the consequences which may result from their use; (e) in the case of the unauthorized reproduction of Content streamed by the User by means of software outside LIBCAST's control.

    11.7. Antivirus Protection. It is the responsibility of each User to take all appropriate measures to protect his own data, Content and/or software from contamination by possible viruses circulating over the Internet. Under no circumstances may LIBCAST be considered liable for any other action, any direct, indirect, incidental or consequential losses of any form, or any loss, including financial or commercial losses, resulting from the use of the Website or of any information obtained via the Website.


    ARTICLE 12 - Intellectual property rights

    12.1. Ownership of the Website. All elements (texts, logos, images, audio elements, software, icons, page layout, databases, graphic identity, etc.) contained on the Website or associated websites are protected by national and international intellectual property law (hereafter referred to as the "Elements"). These Elements remain the exclusive property of LIBCAST and/or of its partners. As such, unless authorized beforehand and in writing by the company LIBCAST and/or by its partners, the User agrees that it will not carry out any reproduction, representation, broadcasting, performance, adaptation, translation and/or partial or total transformation or conversion, or transfer to another website, of any Element comprising the Website. Failure to comply with this prohibition may be considered an act of infringement for which the User will bear both civil and criminal liability.

    12.2. User-Published Content – License(s) granted. By publishing his Content on his Channels, the User is fully aware that he is communicating his Content to the public via the Internet and that he is granting the Users and other audiences with access to them according to the chosen options a non-exclusive and global license (free of charge or for payment) for this same Content to represent or display it by streaming, reproduce it by downloading and, according to the case in question, to share it via "framing" from the Website or from Broadcast Media allowing for remote access to the Content.

    12.3. License granted to LIBCAST concerning the Elements Imported by the User. A User choosing to import his trademarks, logos and databases for the use of Services (hereafter referred to as the "Imported Elements" grants a free, non-exclusive, non- transferable and global license to LIBCAST, simply by importing them, for the whole duration of the subscription to the Services, entitling it to reproduce and represent the said Imported Elements which have been imported for the Services. On this point, the User expressly guarantees that he possesses all of the intellectual property rights for the Imported Elements and consequently agrees to hold LIBCAST harmless in the event of any complaints or claims of any kind issued by a third party regarding them, and more generally to solely assume all repercussions and consequences which may result, in such a manner that LIBCAST may not be pursued or held responsible for such matters.
    12.4. License granted to LIBCAST concerning the Content. The User grants LIBCAST a free, non-exclusive, transferable and global authorization to reproduce the Content uploaded by him to the Website via the Briefcase on the server necessary to hosting, and a second server necessary to the production of a backup copy of the Content, for the duration of the subscription to the Services.

    12.5. Content Back-up. The User is clearly informed that LIBCAST is not in a position to guarantee the storage of the Content in the event of force majeure incidents, piracy, hacking, computer breakdowns, failings by its subcontractors and partners, and more generally any event outside its control. In all circumstances, LIBCAST recommends that the User produces a backup copy to offset the risks of a loss of Content by LIBCAST for a reason outside its control.

    ARTICLE 13 - Protection of personal data

    13.1. Personal data. In order to improve the quality of the Services, LIBCAST collects certain information concerning the Users aimed in particular at offering a personalized user experience on the Website. LIBCAST respects the privacy of the Users visiting the Website and complies with the legal provisions concerning the protection of personal data. Pursuant to the Law of January 6, 1978 concerning information technology and liberty (the French data protection act) modified by the law of August 6, 2004, concerning information technology, files and liberty, the Website has been the subject of a declaration regarding the automated processing of named information, to the French data protection authority, the CNIL (declaration number 1743462v0). The personal information which the User may supply to LIBCAST for the Services or for participation in games and competitions organized by LIBCAST and/or one of its partners is subject to the provisions of the above- mentioned law. Consequently, each User has a right to access, rectify and delete the personal data concerning him, which he may exercise at any time by sending an e- mail to the following address: juridique@libcast.com or by writing to LIBCAST’s registered office at 11, rue de Gironde - 33300 Bordeaux, France. Consequently, the User may request that any information which is inaccurate, incomplete, vague or out of date be rectified, completed, clarified, updated or deleted. LIBCAST will do everything possible to implement the requested modifications to the information contained in its existing database files as quickly as possible. LIBCAST may find it necessary to supply certain information to its technical service providers in order for you to benefit from certain functions on the Website (including among others the Forum). However, the said service providers are not authorized to make any use of any data which may concern the User. LIBCAST will not supply your data to any other third party without the User’s express authorization.

    13.2. Data allowing for the identification of the User. In its capacity as a hosting provider, LIBCAST holds and stores data of a nature making it possible to identify a party having contributed to the creation of the Content or one of the aspects of the Content of the Services in application of Law number 2004-575 of June 21 2004 for confidence in the digital economy.

    13.3. Forums. The Forums proposed on the Website via the Zendesk service are discussion areas in which only the Users may participate. Each User is responsible for the messages he publishes on the Forums and consequently agrees to comply with these G.T.U. and with the applicable legislation. In particular, the User agrees that he will not (a) copy, use, circulate, publish or offer for download any works which are protected by intellectual property law without the express authorization of the author or the person possessing the exploitation rights thereof; (b) propose the downloading of works protected by intellectual property laws without the explicit authorization of the author or the person possessing the exploitation rights or to copy them in any manner whatsoever; (c) to circulate or broadcast pages containing content which is illegal or contrary to accepted standards of behavior (d) to incite anyone to commit crimes or offenses or to participate in them; (e) to defame, slander, libel, insult or threaten anyone. When in doubt, or if notified by a third party, LIBCAST reserves the right to provisionally suspend the access of the User concerned in order to assess the legality of his content, publications or posts, and to ensure compliance with the G.T.U. In application of its legal obligations as a hosting provider, LIBCAST may not be considered liable for the consequences of this suspension.

    13.4. Data collection. The User is fully aware of the fact that the personal information he circulates or posts on the Internet (and particularly on the forums or in the discussion groups, etc.) may be collected and used by third parties. Consequently, the User acknowledges that LIBCAST may under no circumstances be considered liable for messages exchanged via the communication resources it makes available to its Users and for any possible consequences thereof.


    ARTICLE 14 -Applicable law – attribution of jurisdiction (applicable to business users only)

    14.1. Applicable Law. These G.T.U. and the operations arising from them are governed by French law. They are drafted in French. In the event that they are translated into one or several languages, the French text will be considered the only admissible and authoritative text in the event of any dispute or litigation.

    14.2. Business users – Competent jurisdiction. IN THE EVENT OF ANY DISPUTE OR LITIGATION CONCERNING THE VALIDITY, INTERPRETATION OR PERFORMANCE OF THESE G.T.U., LIBCAST AND THE USERS AGREE TO ATTEMPT TO SETTLE THEIR DISAGREEMENT AMICABLY BEFORE REFERRING THE MATTER TO THE COURTS. IN THE EVENT OF LITIGATION, JURISDICTION IS EXPRESSLY ATTRIBUTED TO THE COURTS OF BORDEAUX (FRANCE) INCLUDING IN SUMMARY PROCEEDINGS AND NOT WITHSTANDING THE INTRODUCTION OF THIRD PARTIES OR MULTIPLE DEFENDANTS.