FIREFLY CINEMA – TERMS OF USE

www.fireflycinema.com

 

 

Use of the Site www.fireflycinema.com edited by the company FIREFLY CINEMA implies unreserved acceptance of the following provisions by the simple visitor or any person wishing to benefit from the Software on the Site, the latest version shall apply.

 

ARTICLE I – Legal identification

 

The Site www.fireflycinema.com is edited by the company FIREFLY CINEMA, a Limited Liability Company with capital of € 20,000, registered with the RCS of Bobigny under number B 522 391 572, having its registered office at 8 rue Godillot, 93400 St Ouen, represented by its current Manager, Mr. Reinaudo, duly authorized for the purposes hereof.

 

ARTICLE 2 – Definitions

 

Customer/Client Account: personal account of User allowing said latter to place orders and pay for said orders

 

Data: the information indicated in the personal account of the User under their full responsibility appearing on the servers maintained by the Publisher.

 

Publisher: the company FIREFLY CINEMA.

 

Programme(s): set of computer programs in object code (including its Updates), available for download on the Site and designating the following Software: FIREDAY, FIREPLAY, and FIRECLOUD according to what has been actually purchased by Customer as part of their Order.

 

Brands: means the following brands belonging to the Publisher:

 

– The French word trademark FIREPOST, filed with the INPI on 29 March 2011 under the number 3818787 designate the goods and services in classes 9; 38; 42, and registered on 9 December 2011 at the BOPI under reference BOPI 2011-49,

 

– The French word trademark FIREDAY, filed with the INPI on 29 March 2011 under the number 3818803 designate the goods and services in classes 9; 38; 42, and registered on 9 December 2011 at the BOPI under reference BOPI 2011-49,

 

-the semi-figurative trademark FIREFLY CINEMA, filed with the INPI on 29 March 2011 under the number 3818778 to designate the goods and services in classes 9; 37; 38; 41; 42 and 29.02.00; 26.04.10; 26.01.22; 37.01.06; 26.01.01 for the figurative elements, and registered on 9 December 2011 at the BOPI under reference BOPI 2011-49,

 

-the French semi-figurative trademark FIREPLAY, filed with the INPI on 29 August 2013 under the number 4028879 to designate the goods and services in classes 9; 38; 42, and 29.02.00; 37.01.06; 01.15.15; 26.15.01; 26.04.12 for the figurative elements, and registered on 20 December 2013 at the BOPI under reference BOPI 2013-51,

 

– The French word trademark FIRESHOOT, filed with the INPI on 05 April 2012 under the number 3910917 designate the goods and services in classes 9; 38; 42, and registered on 27 July 2012 at the BOPI under reference BOPI 2012-30,

 

-the French semi-figurative trademark FIREVISION, filed with the INPI on 28 August 2013 under the number 4028883 to designate the goods and services in classes 9;38;42 and 29.02.00; 01.15.15; 26.04.12; 26.15.01; 37.01.06 for the figurative elements, and registered on 20 December 2013 at the BOPI under reference BOPI 2013-51.

 

Site: the website located at the URL address http://www.fireflycinema.com/.

 

User: means a visitor or any legal entity having opened a Customer Account on the Site.

 

ARTICLE 3 – User Acceptance

 

The present General Terms of Use (hereinafter referred to as the “Terms”) are expressly approved and accepted by the User, who declares to have a full understanding thereof.

In any event, inscription of the User on the Site and/or beginning to use the services offered by the Site, subjects the User to the present Terms. The User is therefore deemed to have accepted application of all rules stipulated herein, as well as those that may be present in any document available on the Site, incorporated into the present Terms by reference and which govern its relationship with third parties and Publisher.

These Terms are binding for the entire duration of use of the Site and until new Terms supersede the present ones.

The User acknowledges having consulted the proprietary notices contained on the Site prior to any use of the services offered through it.
ARTICLE 4 – Changes

 

4-1 – The Publisher reserves the right to modify these Terms, according to the technical development of the Site or its service offerings, or in the event of changes in legislation, at its sole discretion.

4-2 – In general, use of the Site by the User is always subject to the most recent version of the Terms posted on the Site and accessible to the User at the time of use. It is up to the User to consult the GTUs as often as necessary. They are accessible both on the public part of the Site as well as in the area reserved for each registered User (hereinafter “Client”).

 

ARTICLE 5 – Violation

 

Any violation hereof authorizes the Publisher to refuse the User perpetrator violation in question, future access to the Services provided on the Site, and to close any account providing access to one of its sites, without prejudice to any compensation that may be claimed from the author of the violation by the Publisher.

 

ARTICLE 6 – Client Accounts

 

6-1 – Registration

 

Any User wishing to become a Client must register on the website using the form available in the “Download” tab, in the following manner:

Registration for the www.fireflycinema.com platform for the purpose of placing an order, will take place online on the www.fireflycinema.com website after the identification process of the Client, bona fide information about the company requested in the Client Account registration forms.

The Client shall undertake to fill in all mandatory fields contained in the registration forms in good faith, namely the following:

o Name

o Given name(s)

o Profession

o Company

o E-mail address

o Address

o Country of residence

o Telephone number

 

The Publisher reserves the right to refuse an application for registration to the platform by a legal entity that is not willing to comply with these Terms or whose registration form is not duly completed or not completed in good faith or where documents which may be requested are not provided.

At the time of registration, the Client certifies:

  • That he/she is legally authorized to commit the legal entity,
  • That they are not subject to reorganization or court ordered liquidation.

 

6-2 – Protection of Customer Data

The Publisher has no right to ownership of data or information submitted by the Client to the Site at the time of use of said latter (the “Client Data”). The Client, and not he Publisher, is solely responsible, for the accuracy, quality, legality, and reliability of all Client Data. The Publisher shall not be liable for the deletion, correction, destruction, damage, loss or failure to store any Client Data, which does not result from its direct fault and that is not be the result of the application of a court decision or breach hereof by the Client.

 

ARTICLE 7 – Equipment

 

The use and maintenance of any telephone, computer, printer and other equipment necessary to access the Site is the responsibility of the User, who alone shall bear the costs thereof. The Publisher shall not be liable for any damage to any equipment in connection with use of the Site.

 

ARTICLE 8 – Personal data

 

8-1 – In accordance with the Law of 6 January 1978, the collection of personal data and the computer processing possibly carried out on said data by the Site have previously been declared to the Commission Nationale de l’Informatique et des Libertés (National Information Storage and Freedom Commission) under number: 1750638. Anyone can access by writing to the CNIL, 21 rue Saint Guillaume, 75340 Paris cedex 07, or by e-mail to decweb@cnil.fr.

8-2 – Creating a Customer Account involves collecting a certain amount of personal data from Clients. This data may be used by the Publisher to: 1) send the newsletter to Client 2) Process all or part of the proposed service (including tracking orders). The collection of said personal data may be made by the use of “cookie” files stored by the server hosting the Site on the visitor’s hard drive to facilitate navigation on the Site or for constituting statistical data concerning general activity on the Site. Although they do not allow direct identification of the User they are treated by the CNIL as personal data.

The Publisher reserves the right to disclose certain information to third parties for the execution of tasks related to the operation of the Software, subject to the express consent of the Client. The Publisher agrees to only communicate the personal data collected to third parties subject to local regulations providing an adequate level of protection for personal data protection.

The agreement of the Client shall be deemed tacitly acquired in the absence of response from them after a period of one (1) month from notification of the Publisher.

Any use of said data for purposes other than those set out in these Terms and Conditions shall require the prior consent of the Client.

 

8-3- Visitors to the Site have the option to refuse registration of any such cookies by selecting the corresponding option in the browser’s toolbar. The Site User is requested carries out this step if such is his will. In said event, the ease of navigation, loading of web pages, and the implementation of certain applications may be altered.

 

8-4- Pursuant to Article 39 of Law No. 78-17 of 6 January 1978 relating to data processing, files and freedoms, as amended by Act No. 2004-801 of 6 August 2004 (Article 5), all Users have a right to access, modify, rectify and delete data concerning them. These rights can be exercised, if necessary, with the Publisher by letter sent to the Publisher, 8 rue Godillot, 93400 St Ouen; by phone at +33 6 76 41 80 91, or by e-mail by writing to contact@fireflycinema.com.

 

ARTICLE 9 – Intellectual property

 

9-1 – Compliance with Trademarks

All Brands that are used to operate the Site, and more generally all elements reproduced or used on the Site are protected as intellectual property.

 

They are the fully owned by the Publisher or its partners. Any reproduction, representation, use or adaptation in any form whatsoever, of all or part of said trademarks without the prior written consent of the Publisher, is strictly prohibited. The fact that the Publisher does not initiate proceedings upon becoming aware of the unauthorized use does not constitute acceptance of said uses or waiver of legal proceedings.

 

9-2 – Enforcement of copyright – Copyright © – Links (Owned by the Publisher or its partners)

This Site enforces copyrights and neighbouring rights, hereinafter “copyrights”. All copyrights of protected works that are reproduced and communicated on the present Site apply worldwide. All uses of works other than individual reproduction and private consultation are prohibited without permission.

 

9-2-1 – Reproduction on paper: reproduction (printing) the pages of this Site on paper is authorized for strictly private and non-commercial use.

 

9-2-2 Reproduction in electronic form, the reproduction of all or part of this Site on an electronic medium is prohibited.

 

Creating links to http://fireflycinema.com/

The Publisher’s Site authorizes the establishment of a hyperlink pointing to its contents, subject to:

o not using the “deep linking” technique, namely, the pages of the Site must not be nested within the pages of another Site, but accessible through the opening of another window;

o mentioning the source that shall open after clicking on the hypertext link directly from the targeted content;

o information must be used for personal, associative or professional purposes only;

o express agreement of the Publisher in the event of use for commercial or advertising purposes;

o such authorization does not apply to websites containing information that is controversial, pornographic, incite racial hatred or any form of discrimination or which in general, may be deemed offensive to the general public;

o for other uses, please consult the Publisher.

 

Links pointing to other sites that are inserted in http://fireflycinema.com/:

o This Site may contain links to third party websites which are not controlled by the Publisher. The Publisher is in no manner liable for the content of other websites that Users may access from the Site. When the User accesses a website other than that of the Publisher, they do so at their own risk and the Publisher may not be held liable for the accuracy or reliability of the information, data, opinions, advice or statements made on said other site, nor the quality of products or services offered there. The Publisher provides these links only as a convenience and the existence of such links does not imply that the Publisher endorses or accepts any liability for the content or uses of such websites.

 

9-3 – Limitations

All trademarks and other intellectual property rights of any content of the Site (including, information, text, images, copyright and designs and models) and the structure of the website belong to the Publisher, or the Publisher has been granted the right to use them by the holder of said rights. No use of this content and the intellectual property rights relating thereto is permitted without having requested the express written consent of the Publisher prior thereto. All such rights are expressly reserved.

 

The User shall undertake to respect the intellectual property rights of the Publisher on each Software of the Publisher and enforce compliance with these rights by third parties.

 

To do this, the User shall undertake in particular:

 

– to not performing reverse engineering, decompiling, or disassembling of the Software, except as expressly authorized by the laws in effect;

– to not modify, alter, adapt, or make any changes of any kind to the presentation and content of the Software;

– to not modify, remove, or alter in any way and for any reason whatsoever the distinctive signs of the Publisher such as the trademark, trade names, logos etc., affixed to the Software, or its presentation and to not remove the references to the identification and ownership of the Software by the Publisher;

– to not delete or alter the names of contributors as they may appear in the presentation or content of the Software;

– to not rent, lease, use the Software for the purpose of sharing or making it available of third party users who are not Users, in the framework of multi-user sharing or processing centre;

– to not use or copy the Software in any manner not expressly authorized herein.

 

The User shall undertake to immediately notify the Publisher of any infringement of intellectual property that it may become aware of.

 

The User acknowledges and accepts that access to the Site and the Software that are made available by the Publisher do not imply any assignment or licensing of intellectual property rights (and in particular, trademark rights of copyrights) or any other rights to the benefit of the User.

It is strictly forbidden to reproduce, distribute, transmit, publish, allow access by a link or hyperlink, or modify, adapt or correct the Site in any manner whatsoever without the express written permission of the Publisher. Any breach of the present clause may result in a violation of copyright, trademark right, or other intellectual property rights thus exposing the User to civil and/or criminal sanctions.

 

ARTICLE 10 – Notifications

 

Except in cases where a stipulation of this Terms provides otherwise, it results from a specific agreement between the Parties that correspondence between them may take place by any means, including by electronic mail at the e-mail mentioned in their correspondence, invoices and / or purchase orders, or other document.

 

The Parties agree that printing paper mail allows properly prove up the discussion.

 

The Parties shall implement all security measures to ensure the availability, integrity and confidentiality of e-mail files sent over the Internet.

 

They implement the same time, all appropriate measures, such as firewalls and antivirus software regularly updated and properly configured, to protect themselves in the most efficient manner possible against intrusions, attacks and spread viruses to ensure availability, integrity and confidentiality of e-mail files received.

 

Parties will save by the most appropriate and safest practical the messages transmitted and relating to the subject of this Terms.

 

ARTICLE 11 – Applicable Law and Jurisdiction

 

11-1- Applicable Law

 

The present General Terms and Conditions of Sale are exclusively governed by French law to the exclusion of any other law, even in the presence of Clients who are residents or nationals of foreign countries.

 

11-2- Language

 

The official language hereof is French. The use of any language is only informative. In case of difficulty relative to the construction hereof, the Parties shall refer exclusively to the French text.

 

11-3- Election of Domicile

 

For execution hereof and their consequences, the Parties shall respectively elect domicile at their registered office stated on the Quote. Any change of registered office or address of a Party shall be enforceable against the other Party eight (8) days after having been duly notified by registered letter with acknowledgement of receipt or digitally signed e-mail.

 

11-4- Dispute Resolution

 

All disputes relating to the validity, interpretation, execution, or non-execution of these General Terms and Conditions of Sale governing the relationship between the Parties shall be submitted prior to any judicial proceeding, to a conciliator or conciliators, each Party designating one, unless agree is made on the choice of one only.

 

To this end, in case of dispute, one of the Parties shall notify the other Party by registered letter with acknowledgement of receipt of the proposed conciliator’s name, the other Party shall have eight (8) days to notify the person it designates; no reply within that period shall be valid as agreement of the second Party of the choice of the conciliator selected by the first Party.

 

In the event of proven default of the Party addressed in accepting the notification by registered letter with acknowledgement of receipt, or collecting it at a post office, then notification may be made by any means.

 

Within a maximum of three (3) months of their appointment, the conciliator(s) shall endeavour to settle the difficulties that will be submitted to them and get the Parties to accept an amicable solution.

 

Whatever the outcome of said mutual arbitration, the conciliator(s) shall draft and sign the minutes of the conciliation or non-conciliation.

 

In the absence of such an agreement in a timely manner, and subject to production of the minutes of non-conciliation, the dispute will be brought before the Commercial Court of the registered office of the Publisher, which must view the minutes duly signed for judging the dispute on the date of the summons.

 

The present clause applies, unless provided otherwise by public policy, and without prejudice to the rights of the Publisher to engage legal action against anyone who violates its rights in a court that would have jurisdiction in the absence of the clause mentioned above.