Terms & Conditions
General Terms & Conditions
These General Terms and Conditions (hereinafter “T&C“) apply to all Users (hereinafter “User(s)“) of the ELLIPSE ANIMATION website, accessible at the following URL address: https://www.ellipseanimation.com (hereinafter the “Website“).
The Website is owned and operated by ELLIPSANIME PRODUCTIONS.
The Website includes (but is not limited to) text, content, software, video, music, sound, graphics, photographs, illustrations, artwork, names, logos, trademarks, brands and all other content accessible on the Website (hereinafter the “Content“).
Use of the Website implies full acceptance of these T&C. Consequently, all Users of the Website acknowledge that they have read these T&C and undertake to comply with them.
Who are we?
Ellipse Animation is the umbrella brand for the audiovisual production companies of the Média-Participations group (Ellipsanime Productions, Dargaud Media, Dupuis Edition & Audiovisuel). To find out more about our history and projects, please visit https://www.ellipseanimation.com/about/.
Legal information
Publisher: ELLIPSANIME PRODUCTIONS
Head office: 57 rue Gaston Tessier – 75019 PARIS
Legal form: Public limited company
Share capital: €12,827,265.75
Legal representative: Caroline Audebert – Managing Director
Contact: https://www.ellipseanimation.com/fr/contact/
Phone: +33 1 53 26 11 20
Trade and Company Registration number: PARIS B 390 239 515
VAT ID: FR46 390 239 515
Publication manager: Julien PAPELIER, Chairman and CEO
Web host: Mediactive Group
Head office: 3 Cité Paradis, 75010 Paris
Phone: 01 55 28 80 60
Email: zendesk@mediactive.fr
Intellectual Property Rights
The entire Content of the Website (in particular the structure, all texts, photos, videos, data, posters, sounds, software, logos, trademarks and other elements reproduced) is reserved and protected by intellectual property law, especially copyright, neighboring rights and trademark rights.
The Website publisher grants the User non-transferable, free, non-exclusive, personal and private authorization to use the Website in accordance with the conditions of use set forth in these T&C.
Any unauthorized use of all or part of the Website Content, and in particular videos, images and sounds (piracy, counterfeiting, etc.) may give rise to legal proceedings.
It is expressly forbidden for Users, whatever their capacity or activity, to set up a mechanism for the systematic referencing of all or part of the Website Content (videos, news, etc.), in particular by means of deep hypertext links, for the purpose of offering, on any other website, service or application, a referencing of the said content for the public (in particular any program schedule service or similar, etc.) and this, for all purposes, especially commercial.
The Users may not use any of ELLIPSE ANIMATION’s trademarks or trade names without the prior written consent of the Website publisher, and the Users acknowledge that they have no ownership rights to such names and trademarks. Their unauthorized reproduction or use may constitute a criminal offence.
Responsibility
The Website Content is provided “as is”, without warranty of any kind, either express or implied.
The Website publisher shall not be held responsible for any damages, direct or indirect, which may result from the use of the Website Content. Consequently, the User shall be held responsible for any authorized or unauthorized use of this information.
The Website publisher shall not be held liable in the event of (i) a cyber-attack or any exogenous attack paralyzing access to the Website or its functionalities; (ii) non-performance or improper performance of its obligations by the operator or Internet service provider with which the User has contracted; (iii) delay or non-performance of an obligation following the occurrence of a case of force majeure as defined by French law and jurisprudence.
In general, the User acknowledges that the Website publisher has an obligation of means regarding the supply of Content and will make its best efforts to guarantee the accessibility of the Website. This accessibility may be suspended for maintenance or upgrading purposes, in order to ensure the proper functioning of the Website, without any obligation of the Website publisher to inform Users in advance.
Accordingly, the Website publisher offers no guarantee regarding the risks of interruption or malfunction linked to connection, network and/or computer system congestion, intrusion by unauthorized third parties or contamination by any viruses circulating on said networks and services.
Similarly, given the international dimension of the Internet, Users are reminded that they must comply with all mandatory rules of public order applicable in their country of residence.
The Website may contain hypertext links to other websites as well as references to other sources of information. These links and sources of information are made available to the User for information purposes only. The Website publisher shall not be held responsible for any damage that may result from consulting the information contained on other sites or in other sources of information in general, and to which the Website refers.
WEBSITE PROTECTION
The User undertakes not to use any hardware or software likely to alter, hinder or distort the operation of the Website, nor to introduce any data into an automated data-processing system of the Website publisher likely to alter, hinder or distort the normal operation of the Website, and in particular not to circumvent the restrictions on use defined in these T&C.
Opposition to Text and Data Mining by Artificial Intelligence:
The structure of the Website as well as all the audiovisual works and contents present on the Website, as well as all their components (text, graphics, signs, signals, sounds, images, etc.) are protected by the legislation relating to the intellectual property and cannot be the subject of any use without the preliminary and written authorization of the publisher of the Website.
Where necessary, the publisher of the Website, in the name and on behalf of Ellipse Animation, hereby objects to any copies or digital reproductions of these audiovisual works, contents and/or any of their components protected by copyright (texts, graphics, signs, signals, sounds, images, etc.. ) for the purpose of text and data mining, in particular by an Artificial Intelligence (AI) system, within the meaning of Articles L. 122-5-3, III and L. 211-3, 8° of the French Intellectual Property Code (CPI) transposing Directive (EU) 2019/790 of April 17, 2019 on copyright and related rights in the digital single market.
Article R. 122-28 of the CPI states that such opposition “need not be justified and may be expressed by any means. In the case of content made available to the public online, such opposition may be expressed in particular by means of machine-readable processes, including metadata, and by recourse to the general conditions of use of a website or service”.
It is reminded that within the framework of its activities, Ellipse Animation may authorize its partners and/or online press services to use the audiovisual works, contents and/or any of their components protected by copyright (texts, graphics, signs, signals, sounds, images, etc.) present on the Website, and this to the extent strictly necessary to achieve the authorized exploitation. However, these authorizations do not allow these partners and/or online press services to make copies or digital reproductions of these works/contents and/or their components with a view to text and data mining, nor to authorize a third party, in particular an AI system, to do so.
Consequently, all text and data mining operations carried out by an AI system using audiovisual works, contents and/or any of their components protected by copyright (text, graphics, signs, signals, sounds, images, etc.) presented or made available to the public online on the Website or by third parties, whether this provision is made by excerpts or in full, in free access for free or for a fee, constitute acts of infringement, punishable by the penalties provided for in Articles L. 331-1 et seq. of the CPI, unless obtaining prior written consent of the publisher of the Website (or, where appropriate, the organization of collective management to which Ellipse Animation has expressly mandated for this purpose).
In order to facilitate the reading of this opt-out by a machine or automated data-gathering device, this opt-out is also expressed as follows: < TDM-RESERVATION: 1> or TDM: NO
Modification of the T&C
The Website publisher may modify these T&C at any time. The modifications will be effective upon publication of the new T&C. Consequently, by continuing to browse, the User accepts the modifications made to the T&C. The Website publisher invites the Users to consult the T&C on a regular basis in order to be aware of the most recent version and of any changes concerning their data.
GDPR Charter
The purpose of the GDPR Charter is to present to the User all the information necessary to understand how the Website publisher processes and protects your personal data in the context of the use of said site, and the options available to the User in this regard. The GDPR Charter is accessible by clicking on this link.
Final stipulations
If any part of the provisions of these T&C turns out to be illegal, invalid or unenforceable for any reason whatsoever, the term(s) in question shall be declared non-existent and the remaining terms shall retain their full force and effect and remain applicable. The terms declared non-existent will be replaced by the closest possible terms.
The T&C shall be governed by and construed in accordance with the laws of France. Should such intent of amicable settlement fail, the Parties will submit the dispute to the competent Courts of Paris (France).
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