GENERAL TERMS AND CONDITIONS OF USE – CORE DE BALLET


Veuillez trouver ici la version française des Conditions générales d’utilisation.

PREAMBLE

 This document sets out the general terms and conditions of use (GTCU) for the services offered by the Company CORE DE BALLET, a simplified joint-stock company with capital of 1,000 euros whose head office is located at 7, Rue Porte Saint Jacques – 86 100 Chatellerault, France, registered on the Trade and Companies Register of Poitiers under number 833 576 028.

 These GTCU govern the access and use of our services, that is to say the 'CORE DE BALLET' website, accessible at https://www.coredeballet.com/ https://www.coredeballet.fr and https://www.core-de-ballet.com, and email notifications (the 'General Terms and Conditions').

 These General Terms and Conditions can be viewed on the CORE DE BALLET website itself and may be sent to Users by the Company CORE DE BALLET in the event of a request, as set out in the conditions below.

 The Company CORE DE BALLET may modify the terms of the current GTCU at any time. The User is hereby notified that the current version is the version available online at  https://www.core-de-ballet.com on the date they access any of the services, which the User unconditionally acknowledges and accepts, undertaking to refer to it on each and every visit to the site.

ARTICLE 1 – THE PURPOSE OF THE SITE AND ROLE OF CORE DE BALLET

 The Company CORE DE BALLET operates the CORE DE BALLET website accessible at the following address: https://www.coredeballet.com/ https://www.coredeballet.fr and https://www.core-de-ballet.com,.

 CORE DE BALLET offers a personalised subscription service allowing Site Users to access streamed videos online.

 Site Users are deemed to have accepted the current GTCU simply by having visited the site.

 Users are deemed to have accepted the current GTCU on the date they open their Personal Account.

 It is further agreed that acceptance of these GTCU by the User includes acceptance of the general terms and conditions of use and specific terms and conditions of use for the payment service operated by US-based company STRIPE, as set out in article 6 of these GTCU.

 These GTCU will include a hyperlink to the general terms and conditions and specific conditions set out by the company STRIPE.

 ARTICLE 2 – DEFINITIONS

 In these General Terms and Conditions, the terms below shall be understood as follows:

 'Personal Account' refers to the User's personal space on the Site. This space is accessible only with the User's own personal login and password. This space provides access to the services offered by the Company through the Site. It also allows the User to view, modify and update their personal data.

 'Content' refers to any audiovisual, textual, auditory, graphic or photographic items, software, apps, animations, etc. available on the Site, especially Videos.

 'Cookies' refers to any automatic tracking process on the Site, allowing it to identify a User every time they visit the Site (pages viewed, date and time of viewing, IP address, etc.) in order to establish audience statistics and facilitate User access to their Account as well as their navigation on the Site.

'Data' refers to personal information voluntarily given to the Site by the User in the registration form during the account opening process or at a later date as part of updates to their information.   

 'Automatically Collected Data' refers to data collected automatically through Cookies.

 'Personal Data' refers to Data and/or Automatically Collected Data.  

 'Login Details' refers, in general terms, to any pseudonym, confidential code or password allowing the User to access their Account and use the Site features exclusive to Users.

'Service' refers to all services offered on the Site by CORE DE BALLET.

 'Website' refers to the site accessible at https://www.coredeballet.com/ https://www.coredeballet.fr and https://www.core-de-ballet.com, which is the exclusive property of the Company.

 'Company' refers to the Company CORE DE BALLET, a simplified joint-stock company with capital of 1,000 euros whose head office is located at 7, Rue Porte Saint Jacques – 86 100 Chatellerault, France, registered on the Trade and Companies Register of Poitiers under number 833 576 028.

 'User' refers to anyone accessing the Site, regardless of the network or method used.

'Videos' refers to all audiovisual items on the Site.

 ARTICLE 3 – ACCESS TO THE SITE AND OPENING AN ACCOUNT

3.1 Access to the Website

 The Site is free to access for any User with internet access. Any costs related to accessing the Site, be they equipment, software or internet access charges, lie solely with the User. They alone are responsible for the proper functioning of their computer equipment and internet access.

 CORE DE BALLET makes every reasonable effort to ensure quality access to the Site but has no obligation to do so. Furthermore, CORE DE BALLET may not be held responsible for any network or server disturbances or any other event which may prevent or hinder access to the Site. CORE DE BALLET reserves the right to interrupt, temporarily suspend or modify access to all or part of the Site without notice in order to carry out maintenance, or for any other reason, without incurring any obligations or being liable for any compensation as a result of the interruption.  

 CORE DE BALLET also reserves the right to modify its Site at any time without notice.

 CORE DE BALLET reserves the right to suspend or refuse access to the Site, without notice, for any User in breach of these General Terms and Conditions.

3.2 Opening and using an Account  

 To access the Site and Services offered by the Site, the User must complete a registration form with their personal information in order to identify them when they access their Personal Account. The User pledges to supply true, accurate and complete information on the form in question. Namely, the User pledges to refrain from creating a false identity or impersonating another from another company or registered trademark. The User pledges to update this information in the event of any change in circumstances. In the event that the User indicates untrue, inaccurate, misleading, incomplete or outdated information, CORE DE BALLET reserves the right to temporarily or permanently suspend or refuse access to all or part of its Services without notice or compensation.

 Three types of users can become Site members:

  •  a natural person aged 13 or over – it should be noted that, in the event of subscription to a pay-to-use package, as set out in article five, the User must be able to enter into a contractual agreement and therefore be an adult, otherwise they may only sign up with the permission of their legal representative;
  • a legal entity;
  • a non-profit association subject to the law of 1 July 1901.

 CORE DE BALLET reserves the right to ask any User to prove their identity and/or status by any means. If proof is not provided within ten days of the request, CORE DE BALLET reserves the right to temporarily or permanently suspend or refuse access to all or part of the Site and Services without notice or compensation.

 After completing the registration formalities, the User shall have a strictly personal and confidential login and password which must not be divulged to any third party. These login details allow Users to access their Personal Account which is unique to them.

 The password allows each User to log in and connect to the Site and Services. It is personal and confidential and may only be changed upon the request of the owner.

 Each User is fully responsible for the use of their password which they pledge to keep secret and not divulge in any form whatsoever to third parties. In the event of loss, theft or any fraudulent use of their password, the User must choose a new password. Thus, each User is solely responsible for the use of the Service under their login details. Any login or data transfer carried out while using the Services will be deemed to have been done by the User under their sole responsibility.

Furthermore, given that CORE DE BALLET is not bound nor has the technical means to verify the identity of users signing up to the Site, it may not be held responsible in the event of impersonation. If the User believes that somebody has fraudulently used their identity or login details for their Personal Account, they must notify CORE DE BALLET immediately.

 Finally, each User can delete their account at any time. The created content will then be deleted and not retained by CORE DE BALLET.

ARTICLE 4 – PERSONAL DATA AND PRIVATE LIFE

 4.1. Information requested when opening a User account

 When a User signs up to the Site, the following information will be collected:

  • Title*
  • Surname *
  • First name *
  • Email address*
  • Technical characteristics of the User installation (anti-virus, firewall, issue encountered, browser, plugin, Silverlight, anti-pop-up, etc.)  
  • Date the account is opened

 The information followed by an asterisk is compulsory.

 This personal data will be processed for the purpose of managing User accounts.

 The recipient of this data is the Company CORE DE BALLET.

 The information is stored only for the time strictly necessary for processing, i.e. the time required to manage the commercial relationship.

 4.2. Newsletter information

 When the User consents to receiving the CORE DE BALLET Site Newsletter, the following information is collected:

  • Surname
  • First name
  • Email address

 This personal data will be processed for marketing purposes. It is collected with the User's consent which can be withdrawn at any moment. The information is stored only for the time strictly necessary for processing, i.e. three months after final contact with the User.

The recipient of this data is the company CORE DE BALLET.

4.3 Exercising rights

 In accordance with the amended Act No. 78-17 of 6 January 1978 on data processing, files and individual liberties, and the General Data Protection Regulation (EU) 2016/679, you have the following rights: the right of access, the right to rectification, the right to object, the right to erase (right to be forgotten), the right to decide what happens to your data after death, the right to restrict processing and the right to portability.

 To exercise your rights, send an email to contact@coredeballet.comor a letter addressed to: SAS CORE DE BALLET 7, rue Porte Saint Jacques – 86 100 Chatellerault, France.

 In accordance with current legislation, please submit your signed request along with a copy of your identification and indicate the address you would like the response to go to.

 The Company CORE DE BALLET has a period of one month to respond from receipt of the request.

 You have the right to lodge a complaint with the French Data Protection Authority (CNIL).

 4.4. Data security

 Information is stored by the Company CORE DE BALLET, or any subcontractors of its choice strictly for the purpose of carrying out its duties, on secure computer servers in order to guarantee that Users' personal data is protected against theft, fraudulent alterations or unauthorised access by third parties.

4.5. Use of Cookies – Google Analytics and XITI

 To improve service quality and meet user needs, the Company CORE DE BALLET uses cookies and Google Analytics and XITI website analysis tools provided by Google Inc. and AT INTERNET.  

 Thus, the User is hereby notified of the option given to CORE DE BALLET to use automatic data collectors, also known as Cookies, in order to identify the user on future visits to the Site and improve Service.

 A Cookie is a computer file stored for a fixed period of time on the hard drive of the User's computer. However, the User does have the option to block Cookies by configuring their browser.

 The User can also consult the CNIL website at: https://www.cnil.fr/en/home. 

ARTICLE 5 – TERMS AND CONDITIONS FOR POTENTIAL SITE SERVICES

 5.1. Subscription packages

 CORE DE BALLET offers its Users two subscription packages for the various services:

  •  A monthly subscription
  •  A limited-time rental offer
  • A one-time purchase

The subscription to CORE DE BALLET is automatically renewed every month until cancellation.

CORE DE BALLET reserves the right, at its sole discretion, to determine eligibility for a free trial and to limit it, as well as the duration, to prevent any abuse of the free trial by the User.

5.2. Billing

 The CORE DE BALLET subscription fees shall be billed every month on the calendar day corresponding to the start of the payment period for the chosen subscription via the User's payment method.

 To use the CORE DE BALLET service, the User must supply at least one payment Method.

 These payment Methods may be updated on the 'Account' page.

 CORE DE BALLET may also update the User's payment Methods with the information from payment service providers.

 After each update, the User authorises CORE DE BALLET to continue to debit their account using the payment Methods in question.

 The User authorises CORE DE BALLET to debit their account via any associated payment Method in the event that the primary payment Method is declined or no longer available to CORE DE BALLET to pay the subscription fees.  

The User is liable for any undrawn amount. If payment fails due to an expired card, insufficient funds or any other reason, and the User does not close their account, the Company CORE DE BALLET can suspend access to the Service until it is able to debit the account using a valid payment Method.

 For some forms of payment, the service provider may charge fees, such as international transaction fees or other processing fees incurred by the User's payment Method.

 Fees linked to local taxes may vary depending on the Method of payment used.

 Contact the payment Method provider for more information.

 5.3. Cancellation

 The User may cancel their subscription at any time and continue to have access to the service until the end of the monthly billing period.

 In accordance with the regulations in force on the date of the current GTCU, it is hereby stipulated that payments are non-refundable and that no refund or credit will be granted for periods of partial use or for any unviewed content.

 The User must visit the 'Account' page and follow the instructions to cancel their subscription.

 In the event of a cancelled subscription, the User's account will be automatically closed following the current billing period.

 5.4. Changes to pricing and subscriptions

 CORE DE BALLET reserves the right to modify its subscriptions and the price of its Service.

However, any changes to rates or subscriptions shall not apply to the User until at least 30 days after receipt of a notification from CORE DE BALLET.

ARTICLE 6 – PAYMENT TERMS AND CONDITIONS FOR SUBSCRIPTIONS VIA THE STRIPE SYSTEM

 Online payment on the CORE DE BALLET Site is secured by the payment system developed by STRIPE, offering:  

- encryption of transferred data with 'Secure Sockets Layer' (SSL) technology – the User's bank card details are encrypted by their own computer before transfer to the STRIPE server;

- no storage of confidential information: the User's bank card details (name, type of card, number and expiry date) are sent directly to the STRIPE server.

The latter checks the information sent to the relevant payment facility (Carte Bleue, Visa, etc.), then approves (or declines) the transaction without saving confidential information.

At no point does CORE DE BALLET take note of this information and it is never saved.

In accordance with MasterCard and VISA regulations, intended to make online bank card payments more secure, the Company CORE DE BALLET now requests STRIPE to check the User's identity during the bank card payment process on the CORE DE BALLET Site by sending a text message to the User. If the User does not register for this service, they will be unable to use their bank card to sign up to a subscription.

The general terms and conditions of use for the STRIPE online payment Service are accessible at the following address: https://stripe.com/spukl-financial-terms/legal.

ARTICLE 7 – INTELLECTUAL PROPERTY

7.1 Site Content and Services

 The Site content and use of the Services, protected by the law and the provisions of the French Intellectual Property Code, are intended only for information purposes and personal use by the User who has the right to private, non-collective and non-exclusive use.

 The Site and any necessary app or software used in connection with it may contain confidential information protected by current intellectual property law or another law. Thus, unless otherwise indicated, the intellectual property rights for the documents and items on the Site and each of the items created for this Site are the exclusive property of CORE DE BALLET, which has granted no licences or rights other than that of consulting the site.

 The reproduction of documents or items published on the Site is authorised for information purposes for personal and private use only. Any reproduction or use of copies produced for other purposes is strictly forbidden.

 It is also forbidden to copy, modify, create a derivative work, reverse engineer, disassemble or otherwise attempt to find the source code (except when authorised by the law), sell, assign, sub-license or in any way transfer any rights to the software. It is also forbidden to modify the software or use modified versions of the software, namely – but not only – with a view to obtaining unauthorised access to the service and accessing the Site by a means other than the interface provided by CORE DE BALLET for this purpose.

7.2. Importing banners and logos

 The banners and logos owned by the Company CORE DE BALLET or designed for operations with other partners, even uploaded on their initiative, may not be imported by third parties to a website or any other media without their express authorisation. This authorisation may occur within a partnership with other entities, designated by name, and in accordance with the conditions set out by CORE DE BALLET.

 In all cases, CORE DE BALLET shall retain all intellectual property rights to these items and reserves the right, at any time, without notice and without justification, to ban the third parties in question from using the information as set out above. In this case, CORE DE BALLET shall notify the person in question who will have eight working days to put an end to their practices or risk prosecution.

7.3 Brand(s)

The 'CORE DE BALLET' brand is a registered trademark in France. Without express, prior authorisation, any use of this brand or any other brand, figurative or otherwise, shown to belong to CORE DE BALLET or third parties having granted operating rights to the Company, may result in criminal and civil proceedings against the User in accordance with the provisions of the French Intellectual Property Code.

ARTICLE 8 – USER COMMITMENT AND RESPONSIBILITY

8.1 General user behaviour

 In the event that the User becomes aware that a third party has accessed their Account, they shall immediately notify CORE DE BALLET via email at contact@coredeballet.comto allow CORE DE BALLET to suspend the Account, which can then be reactivated by the User with the new login details sent by CORE DE BALLET via email.  

The User is forbidden from:

  •  distributing information contrary to public policy or accepted principles of morality,
  •  distorting the purpose of the Services in the interests of propaganda, proselytism, prospecting or solicitation,
  •  fraudulently accessing the Site and Services, as indicated in the GTCU for the Site,
  •  sending any messages containing computer viruses or any other code, file or program principally devised to interrupt, destroy or limit the functionality of any software, computer or telecommunications tool,
  •  harassing one or more other users in any manner whatsoever,
  •  giving information with links to other sites (through hyperlinks or simply supplying information) whose content is likely to breach any laws or regulations in force and likely to compromise individual or property rights and and/or intellectual property rights.

8.2 Fraudulent behaviour

 Any User who acts contrary to these GTCU may be subject to civil or criminal proceedings which punish violations of copyright, related rights, database producer rights and automatic data processing systems.

 The User is reminded that the French Penal Code (article 323-1 et seq.) outlines penalties of up to five years imprisonment and a 75,000 euro fine for offences including:

  • access and fraudulent maintenance of an automatic data processing system,
  • the deletion, modification or fraudulent addition of data to this system,
  • the obstruction of this system.

 CORE DE BALLET may instigate criminal proceedings against Users in breach of these provisions.

 ARTICLE 9 – ACCESS TO THE SITE AND SERVICES

 To use and access the Site and Services, the user must be in possession of the necessary equipment, software and settings for the proper functioning of the Site. The User must have the skill, equipment and software required to use the internet.

The User is hereby notified of the restrictions and limitations of the internet, particularly in terms of:

  •  data transfer and potential data breaches;
  • uncertain continuity in access to the Site and the various Services offered by the Site;
  • technical constraints out of CORE DE BALLET's control for which it shall not be held responsible.

 Under no circumstances shall CORE DE BALLET be held responsible for these risks and their damaging consequences, whatever the extent, for the User. CORE DE BALLET is bound only by a best effort obligation.

 It is each User's responsibility to take all appropriate measures in order to protect their own data, software and equipment from contamination by viruses or other forms of attack potentially circulating on the Site.

 Furthermore, CORE DE BALLET does not guarantee continuity for all or part of the Services on offer, mainly for maintenance and upgrading reasons. Access may also be interrupted for other reasons, including technical issues. CORE DE BALLET shall not be held responsible for these interruptions and the possible consequences for Users or third parties.

ARTICLE 10 –LIMITED GUARANTEE AND LIABILITY FOR CORE DE BALLET

 In its role as web host, CORE DE BALLET is subject to a mitigated liability regime as set out in articles 6.I.2 and seq. of law no. 2004-575 of 21 June 2004 for confidence in the digital economy. Thus, CORE DE BALLET shall not be held responsible for activities or stored information if it was unaware of their unlawful nature or if, as soon as it became aware, it acted promptly to remove this data or block access.

 ARTICLE 11 –CANCELLATION / SUSPENSION

 In addition to the above-mentioned eventualities giving CORE DE BALLET the right to permanently or temporarily suspend a User's account and their access to the Services, in general terms, CORE DE BALLET reserves the right to temporarily or permanently suspend any Personal Account immediately and without notice in the event that the User has breached these terms and conditions or engaged in illegal behaviour.

 These GTCU may be terminated by CORE DE BALLET subject to a notice period of 30 (thirty) days.

ARTICLE 12 – NOTIFICATIONS

 Unless otherwise expressly stated, notifications between the Parties are carried out via email.

ARTICLE 13 – TRANSFER – SEVERABILITY

 CORE DE BALLET reserves the right to transfer all or part of its rights and obligations under these GTCU to any third party of its choice, which the User accepts unconditionally.

 In the event that one or more provisions in the GTCU are declared null and void, this shall under no circumstances affect the other provisions in this document.

ARTICLE 14. LEGAL NOTICES

14.1 Site Owner

 The user is hereby notified that the Site belongs to the Company CORE DE BALLET, a simplified joint-stock company with capital of 1,000 euros whose head office is located at 7, Rue Porte Saint Jacques – 86 100 Chatellerault, France, registered on the Trade and Companies Register of Poitiers under number 833 576 028.

14.2 Publication Manager

 The Site Publication Manager is Ms Ondine Diakhate, who can be contacted at contact@coredeballet.fr.

14.3 Site Host

The Site is hosted by SQUARESPACE INC., a US-based company whose head office is located at 225 Varick Street Floor 12, New York 100144383, State of New York, United States of America, registered in the United States.

 The video part of the Site is hosted by USCREEN.TV LLC, a US-based company whose head office is located at 18817 South Meadow Fence Road, Gaithersburg – 208863149, State of Maryland, United States of America, registered in the United States.

 ARTICLE 15 – APPLICABLE LAW AND JURISDICTION

 Non-compliance by the user, regardless of location, with one of the provisions in these GTCU and, more generally, any difficulty affecting their implementation, interpretation or validity shall be subject to French law and the exclusive jurisdiction of the courts of Paris.