Updated on June 21th 2024
For the purposes of these terms of use, the following capitalized expressions have the meanings ascribed to them below:
“TU” or “Terms of Use” refers to the stipulations contained herein, defining the terms and conditions of access to and use of the Service.
“Content” means, without limitation, the structure and/or architecture of the Service, the editorial content, the Player for viewing videos, written content, sections, drawings, illustrations, photos, images, sounds and any other content contained in the Service.
The “Editor” is CAPA DEVELOPPEMENT, a simplified joint stock company (société par actions simplifiée) with a share capital of 11,094,676 euros, registered in Versailles (France) under number 519 495 626, headquartered at 14 Avenue Gustave Eiffel – 78180 Montigny-le-Bretonneux (France) – that edits the Service www.agencecapa.fr.;
“Player” refers to the device used for broadcasting and viewing video files, audio files and/or photographs. The Player may include a Player Code, in the form of a computer code, enabling third parties to display the files on other websites or blogs, via the Player, in accordance with Section IV.
“Services” means the Website.
“Third-party Services” means online services edited by third-party partners available via the Service, including via dedicated pages and/or hyperlinks added in the various sections of the Service.
“Website” means the online service available to Users via their terminal and located at the following URL : www.agencecapa.fr.
“User”or “you” means any individual accessing the Service.
PLEASE CAREFULLY READ THESE TERMS OF USE AND KEEP A COPY OF THEM.
1.1 ACCEPTANCE OF THE TERMS OF USE
These Terms of Use apply to anyone accessing the Service. They govern all use of the Service and imply your full and unconditional acceptance of them. If you do not accept these TU, you will not be able to continue using the Service.
The use of the Service can require compliance with additional rules or guidelines beside the TU. You will be informed of them in the interface of the Service.
1.2 EVOLUTION OF THE TERMS OF USE
The applicable TU are those in force when you access and use the Service.
The Editor reserves the right to modify the TU at any time, including due to changes in Service functionalities or for legal or technical reasons. You are informed of such modifications as they go online. When you access the service after they go online, you are deemed to have unreservedly accepted them. We therefore recommend that you periodically review the TU.
For optimal browsing of the Website, we recommend the following configuration:
Please note that your access to the Service may be suspended for maintenance, upgrading or any other technical purpose.
If a proxy is used (particularly in the case of corporate networks), access to the Service may be inoperative. In that case, it is advisable to uninstall the proxy. Failing this, we cannot guarantee access to the Service.
The Third-Party Services to which the Service give access are offered independently by partners, advertisers, or the third-party editors of those services, under their sole responsibility.
The editors of Third-Party Services are solely liable for their content and for complying with applicable regulations in respect of the services they offer, including laws and regulations concerning distance selling, consumer protection, false or misleading advertising, prices, and product compliance.
When you access Third-Party Services, the specific terms of use and/or sale of the Third-Party Services will exclusively apply.
Some of the Service’s pages provide you with Players that may allow you to play and/or embed video content and are intended in particular for private individuals (e.g. websites). Except if agreed by the Editor concerned, the video content may only be integrated with personal websites (i.e., edited for non-professional purposes) and social networks.
The Players are exclusively for personal use, not for commercial use. Consequently, you undertake not to reproduce, copy, sell, resell, modify, exchange, use for commercial purposes or against any kind of payment, benefit, or advantage, whether direct or indirect, all or part of the Players, any use of the Players or any rights of access to the Players.
It is strictly forbidden to obscure, remove or modify the distribution of any Content, including advertisements, via the Players.
You are fully aware of the risks associated with using the Internet and social networks, including the fact that networks are not virus-free. Thus, we recommend that you install antivirus software to protect the terminals you use for browsing against viruses and other risks associated with using the Internet.
Subject to our best efforts to provide a state-of-the-art security level for our Service, we cannot assume responsibility for any contamination by potential network viruses.
The Content of the Service is protected by intellectual property rights throughout France and/or the world.
In accordance with the French intellectual property law, any use other than for strictly private and personal purposes, reserved to the family circle, is prohibited.
Unless previously authorized by the Editor and/or other stakeholders, any other use will constitute an infringement and will be punished in accordance with intellectual property law.
Any unauthorized reproduction, in whole or in part, of all or part of the components of the Service webpages is strictly prohibited.
Considering the global nature of the Internet, it is imperative that you adhere to all the regulations applicable in your country of residence.
We would like to notify you that, in order to ensure compliance, certain content may not be accessible to you due to restrictions imposed by the content’s stakeholders.
We cannot be held liable towards you for any malfunction or interruption of the Service in connection with or resulting from:
In view of the innovative nature of the Service and our desire to constantly improve user experience, we cannot be held liable for any minor malfunctions or errors.
You undertake to hold us or any third parties harmless from any loss resulting from the misuse of the Service by you.
If one or more clauses of the Terms of Use are found or declared to be invalid according to the law or regulations, or as a result of a final ruling by a competent court, the remaining clauses will still remain fully valid and effective. The invalidated clause shall be deemed null and void, and it will be substituted with a clause that closely resembles the original clause’s intent.
Considering the global nature of the Internet, we would like to emphasize that you are required to adhere to all mandatory regulations and public policies applicable in your country of residence.
We retain the right to transfer our rights and responsibilities outlined in these terms to any company of our choosing.
Personal data
For further information on personal data processing and to exercise your rights, please read our Privacy Policy at the following address: (X)
Cookies
For further information on our use of cookies and other trackers and your choices in that connection, please read our Cookies Policy at the following address: (X)
These Terms of Use are exclusively governed by French law. In the event of any disagreement or dispute that cannot be resolved amicably within a 60-day period, it will be exclusively submitted to the competent courts in Paris.