GENERAL TERMS AND CONDITIONS OF USE OF THE EKINOBOX SERVICE

1 - Introduction

These General Terms and Conditions govern the contractual relations between:

• any user (hereinafter "You" or "User") of the site www.ekinobox.com (hereinafter "Site") and;
• the company publishing the said Site, namely IP Ciné, a Société par actions simplifiée [simplified limited company] with share capital of €64,080, with registered office at 42 Rue Monge, 75005 Paris, listed in the Paris Trade and Companies Register under number 508 996 030 (hereinafter "IPCINE").

Before You enter the Site, it is important that You read these General Terms and Conditions which You must accept unreservedly. These may be amended at any time but the most recent version will always be found here.

IPCINE publishes the website www.ekinobox.com, comprising a Business-to-Business Internet Platform (hereinafter "Platform") reserved for audiovisual professionals (seller and buyers). This Platform enables copyright owners (hereinafter "Copyright Owners") to place works (films, fiction, reports, documentaries, theatre, concerts, etc.) (hereinafter "WORKS") on their secure personalised spaces so that buyers interested in those WORKS (hereinafter "Users") can view them in the context of their professional activities according to the Kinéoscopie ® technology developed and operated by IPCINE. Kinéoscopie is based on a secure form of broadcasting which involves neither streaming nor any type of downloading. Each viewing of a WORK requires the use of a computer code (hereinafter "Code") generated by IPCINE and communicated by the COPYRIGHT OWNER to the User who has requested to view the WORK. WORKS are only accessible via the Platform to professional Users, registered as such with IPCINE under the conditions set out in point 2, and following acceptance by the COPYRIGHT OWNER, under the conditions set out in point 4.

You acknowledge that the WORKS will only be viewed by You in a professional context and must not be communicated to the public, either as part of a public performance or by any other means (placed on line, etc.). The Code must remain confidential within the strict context of your professional activity.

To access the WORKS, You must have previously created a customer account on the Platform and read these General Terms and Conditions of Use of the Portal and declared that You have expressly accepted them, at the time of creating your customer account.

You declare that You have the capacity to accept these General Terms and Conditions of Use, and that You can prove that You are a professional working in the audiovisual and/or film industry.

2 - Registration on the Platform

In order to view one or more WORKS, You must (1) create a customer account with IP CINE and (2) be approved by the COPYRIGHT OWNER(S).

1. To create your Account, You must fill out the registration form attached [insert link] which You agree to fill out correctly. Confirmation of your registration and of the creation of your Account will be sent to the email address that You have indicated in the registration form. You must choose a login that does not infringe third party rights. You acknowledge that You are wholly responsible for keeping the access codes confidential. You are solely responsible for the use of your Account. All connections made or data transmitted through the Portal shall be deemed to have been done by You and under your exclusive responsibility. If You notice that your password has been used fraudulently, You agree to inform the COPYRIGHT OWNER immediately. You acknowledge that the data recorded by the Portal constitute evidence of your viewings as a User on the Site. You acknowledge the validity of electronic proof and of the ways of acceptance of these General Terms and Conditions on the Portal, in particular those which take the form of the button(s) "I accept" and/or "next" and the statement "By confirming your registration, you accept all of our General Terms and Conditions of Sale".

2. The creation of your Account will be automatically notified to all COPYRIGHT OWNERS with a Secure Space on the Platform. You are informed that each COPYRIGHT OWNER has full discretion to accept or refuse your access to its WORKS.

3 - Personal data

At the time of your registration and of the creation of your Account, You will be asked to choose and enter personal and confidential access codes, which IPCINE and the COPYRIGHT OWNERS will use to identify You when You connect to the Platform. With each viewing, You will also be required to leave personal data on the Portal. In accordance with the French Data Protection Act (Law no. 2004-801 of 6 August 2004 amending the Law of 6 January 1978), the processing of the personal data that You have entered at the time of your registration will be declared to the French Data Protection Authority (CNIL). You have the right to access, amend, rectify and delete data that concern You, on the information page that You have filled out during registration. Your data may be forwarded by IPCINE to partners companies or companies affiliated to IPCINE, in particular to ensure that You have uninterrupted access to the eKINObox Service or to check the accuracy of your personal data. You may object to the transmissions of your data in accordance with the applicable regulations by ticking the appropriate box on the information page that You have filled out when registering with the Portal.

4 - Operation of the service

Each viewing of a WORK requires the User to obtain and use a Code. If You wish to view the same WORK several times, You will need to obtain as many Codes as are necessary. To do this, You will need to follow the following stages:

1. Order or choose the WORK(S) - You can either request viewings of the WORKS that are of interest to YOU from IPCINE, which will inform the COPYRIGHT OWNERS concerned and state your identity and professional contact details, or contact the COPYRIGHT OWNERS directly by email or telephone. In both cases, You will need to specify the WORKS concerned and the number of viewings required for each one.

2. Obtain the Code(s) - If your request is approved, the COPYRIGHT OWNER will provide You with the Code(s) that You need to view the WORKS and will specify the viewing time that it has chosen, all of which will be done exclusively through the valid email address that You have indicated at the time of registration.

3. Confirm the order - An email confirmation message summarising the characteristics of your order will be sent to the email address that You have indicated in the registration form. We advise You to retain (and protect) this email which constitutes evidence of your order.

4. View - by entering the Code in the appropriate area on the Platform, You will be able to view the WORK concerned. The operation may take a few seconds. You are reminded that You will view the WORKS without downloading them onto the hard disk of your computer. Any attempted capture will be reported to the competent authorities and will result in permanent exclusion from the Platform.

5. Role of IPCINE - IPCINE is merely a technical intermediary between audiovisual professionals and does not receive any remuneration from the commercial agreements that may result from the coming together of the respective parties.

5 - Anti-fraud checks

IPCINE, in collaboration with the French intelligence agency, DCRI (or any equivalent agency proposed by another surveillance intermediary chosen by IPCINE), checks all orders which have been approved on its site. The purpose of these checks is to protect IPCINE from abusive practices on the part of fraudsters. As part of these procedures, COPYRIGHT OWNERS may be required to ask You for any necessary documents with which your order can be approved: evidence of professional activity, name, etc. IPCINE is the recipient of the data collected on its order form. In the event of fraudulent use, the details on the order form will be entered onto a viewing incident file created by the DCRI (or the surveillance intermediary concerned). Any irregular declaration or anomaly may also be subject to specific processing.

6 - Security of viewings

The Portal is made secure thanks to the "KINEOSCOPIE" ® technology (or any system offering equivalent guarantees proposed by another computer partner chosen by IPCINE).

7 - Complaints

For any query or request for information about the WORKS or for any complaint about the conformity of the request with respect to the content viewed, You will need to contact the COPYRIGHT OWNER by email. IPCINE is not responsible for any commercial transactions entered into with the broadcaster(s). If, however, You wish to inform us of a complaint, please send this by email to the following address: team@ipcine.com stating: - the nature of your complaint - your ID and the email address that You have indicated in your registration form - your full details (surname, first name, address, telephone number) so that we can refer this to the competent authorities. If any of these details are missing, your request will not be handled.
IPCINE WILL NOT BE LIABLE FOR ANY INCOMPATIBILITIES OF YOUR MATERIAL WITH THE CHOSEN MODE(S) OF CONSUMPTION.

8 - Intellectual Property

Use of the WORKS is strictly limited to professional purposes and excludes, in particular, any collective and/or public performance and/or broadcasting. Any other use, without the prior express consent of the COPYRIGHT OWNER, is contrary to these conditions of use. You also acknowledge that You are aware of the fact that IPCINE is free to protect the files against illegal reproductions, using the protection technology inherent in KINEOSCOPIE© or any other equivalent technology. You also acknowledge that this may have the effect of restrictions on use (limitation of Modes of Consumption and forms of viewing, etc.). "eKINObox", "eKINOe", IPCINE" and "Weesio" are registered and protected trademarks. More generally, the use of the texts, commentaries, works, illustrations, images, trademarks, logos and distinguishing signs used on the Platform are protected. All rights of reproduction, transmission or other broadcasting of this content are strictly reserved for their authors and/or other copyright owners. You therefore agree to respect these rights and to refrain from engaging in any illegal activity. Compliance with these provisions is an important condition for IPCINE, which reserves the right to close the Account and cancel any order placed by a User who has breached these provisions. This does not prejudice the right of IPCINE and any other copyright owners to sue the infringing parties.

9 - Liability of IPCINE

IPCINE's liability is strictly limited to its role as internet technology provider, with the effects that the law attributes to that role. IPCINE cannot under any circumstances be held liable for any consequential, incidental, direct or indirect damage suffered by the User and/or any third party or damage suffered under the Contract where such damage results, in whole or in part, from the User's actions or omissions or from its failure to comply with these General Terms and Conditions of Use. Furthermore, it is expressly understood that IPCINE cannot in any way be held liable for: - any technical incompatibility between the WORKS and its audiovisual and/or computer equipment; - any unavailability of the Platform and, in general, any technical fault; - any delays in the making available of the WORKS or the Codes, this being the responsibility of the COPYRIGHT OWNERS; - any force majeure event as defined by the case law of the French Supreme Court. Hypertext links proposed by IPCINE may direct Users to other sites or to other information managed by partner sites. Insofar as IPCINE is unable to exercise any control over these partner sites, IPCINE cannot be held liable if the content of such other sites is in breach of the laws and/or regulations in force. Generally speaking, IPCINE is not liable for the content of the WORKS and provides no warranty that the WORKS do not contain any infringing elements or elements that may harm the sensitivity of a young audience and that they comply with the laws and regulations in force and respect third party rights.

10 - Applicable law and jurisdiction

These General Terms and Conditions of Use are governed by French law. In the event of a dispute, the Courts of Paris will have sole jurisdiction.

11 - Legal notices

© 2008 - 2009 - 2010 IPCINE. Any unauthorised use of all or part of the content of this website including any text, animated or non-animated graphic, visual or other is prohibited. Site published by IPCINE. Société par actions simplifiée au capital social de 64.080 euros, dont le siège social est situé 42 rue Monge, 75005 Paris, immatriculée au Registre du commerce et des sociétés de Paris sous le numéro 508 996 030 - Téléphone + 33 1 83 62 23 33?Design and production© 2008 - 2009 -2010 IPCINE and N Square Suresnes. Publication: Bruno Daniault CEO Site hosted by OVH - SAS RCS Roubaix Tourcoing 424 761 410 00011 - 2 rue Kellerman - BP59053 - Roubaix Cedex 1 - France - + 33 3 20 20 09 58