Effective on June 16th, 2017.
These general terms of service (“TOS”) govern the legal relationships between the users of the online platform, “WIDENN” & Widenn S.A.S (Société par Actions Simplifiée). The company is registered at Grenoble RCS (Registre du Commerce et des Sociétés) under the registration number 821 214 624, with a capital of 22000€.
Chemin du pré de la cour
CEO of WIDENN S.A.S: Hugo BRISBOIS
The registered trademark WIDENN is a business intermediation service (INPI category 35), a telecommunication service (INPI category 38) and a technical assessment service concerning website creation (INPI category 42) at the following web address https://www.widenn.com.
“Provider” refers to WIDENN Société par Actions Simplifiée. WIDENN is registered at Grenoble RCS under the registration number 821 214 624, with a capital of 22000€. The headquarters are located at Chemin du pré de la cour – 38770 Monteynard – France, represented by its duly appointed CEO, Monsieur Hugo BRISBOIS.
"Platform" refers to the website https://www.widenn.com and all the services entailed.
"Seller" refers to any person who uploads a document under the name of their company, which is protected by intellectual property rights, in order to promote it to companies via the platform database.
"Buyer" refers to each company, represented by authorised personnel, that gains access to the platform database in order to find and acquire content displayed online.
"Collaborator" refers to each person using the platform’s services in representation of a company.
"Content" refers to each TV format, whether it is a paper format (script, screenplay, photos, teasers, graphics) or a produced format (pilot, broadcast).
Eligibility. Each user must be aged 18 and over to have access to the platform.
Accessibility. The platform is accessible from all over the world, but it is the responsibility of individual users to verify that their location/state/country allows he/she to have access to the platform. The platform is not yet available in all languages.
Languages applied to the TOS. These general terms of service are available in English.
CREATION OF A USER ACCOUNT
In order to use the platform, each user must create a user account. Registered companies, represented by their collaborator(s), will register with the following information: company name, country of registration, surname & last name of the collaborator, e-mail address. The collaborators of these companies are responsible for guaranteeing the veracity & accuracy of all information provided. Every account created will require the creation of a username and a password (with its password confirmation).
The user can terminate their subscription at any time by contacting Widenn sales support at [email protected] In the case of a user terminating their subscription to the platform, they must know that they will not be able to access any information stored in their account. Nevertheless, their information and content will remain on the platform unavailable to any third parties external to Widenn. The provider will also keep and use copies of user’s content for archiving & statistics. The provider retains the right to terminate the user subscription without notice if the user does not observe and respect their obligations and these general terms of service.
USE OF WIDENN SERVICES
Widenn services are only subject to payments for sellers. The service is free for buyers.
1. Accessing the database
Access to the database is free and will only be granted to registered companies looking to license content in their country of registration (production companies, distributors, broadcasters).
2. Selling content
Selling content on Widenn platform is subject to a commission charged by Widenn when a sale is made. To know more about these commission fees, contact our sale support at [email protected]
The user can withdraw their content from the platform at any moment if no distribution agreement has been signed yet between the seller and the provider.
LINK TO THIRDPARTY WEBSITES
The provider notifies the user about the possible appearance of links to third party websites on the platform. This is due to commercial partnerships.
ACCESSING THE PLATFORM
2. Description of the different steps to get access to the platform
The user connects to the platform via their personal account by entering their username and password.
When they are on the platform, the user can:
- Modify the personal information attached to their profile.
- Upload content to the platform.
- Promote their own content to the platform (making it visible from other users) in the countries of their choice and for a specific duration.
- Stop the promotion of their content at any moment.
- Manage and modify their library of online content at any time, including all elements related to their content.
- Get access to a database of content, formats and programs made visible by other platform users.
- Receive and make confidentially commercial offers on the content displayed in their country’s library.
- Electronically sign their contracts with their new partners.
WIDENN maintains the right to modify, terminate or deny access to the platform for any reason, at any time, without prior notification & engagement of its responsibility toward the user. In addition, WIDENN maintains the right to make unavailable any username for any reason.
DESCRIPTION OF THE PROCESS CONCERNING THE UPLOAD & PROMOTION OF CONTENT
When they upload content to the platform, users upload solely to their personal online library. At this point, content is available to them and only them.
In order to upload content, users must fill in a detailed form describing their product with :
For a paper format : Title, Logline, Description, Picture, Trailer, category, considered broadcaster (TV or Digital), Considered slot, target, format.
For a piloted format : Title, Logline, Description, Picture, Trailer, category, considered broadcaster (TV or Digital), Considered slot, target, format, financing partner (or auto-financed) and full pilot.
For a broadcast format : Logline, Description, Picture, Trailer, category. By country: broadcaster, slot of broadcast, frequency of broadcast, date of the last season’s year of broadcast, number of seasons and episodes, ratings, format and full episode.
Then, when the user promotes their content, a read-through by Widenn team takes place. This is to ensure a level of quality and professionalism of all content transmitted through the platform.
At this stage, either the content is validated and promoted on the platform or the WIDENN team comes back to the user proposing them to work more on their format and come back with a more complete version (in case it’s a paper format).
Once the content is validated, the promotion is valid for a certain period when it will be visible to as many users selected by the creator.
Authorization in connection with content
The user keeps all rights & full possession over their content. WIDENN does not intend to gain any possession right over the content uploaded on the platform. Nevertheless, when the user uploads their content to the platform, he gives WIDENN and our partners an international authorization of communicating, holding, distributing, presenting, publishing, and usage of the content. This authorization is due to WIDENN’s only objective to commercialize, promote and improve the platform.
1. Responsibility of the provider
The provider undertakes to implement by all means the functionalities of the platform in order for it to be always available and operational.
The provider will hold no responsible for computing & technical problems that are not made on their behalf.
Providers will hold no responsibility for functionality problems on the platform.
In addition, the user must know that the Internet can be affected by security loopholes and that uploading content and submitting information on the platform cannot be protected in these cases.
In case of major force, the provider holds no responsibility for any damages occurring on the platform, on personal user accounts as well as on their phone, tablet and computer.
The provider cannot be held responsible for the behaviour of other users. The provider cannot be held responsible for the content uploaded by other users on the platform. The user accepts the risk of being exposed to potential offensive, obscene or generally reprehensible content uploaded by other users on the platform. WIDENN does not approve, in any case, of this kind of content uploaded by any user on the platform.
WIDENN reserves itself the right to delete any content on the platform for any matter, without prior notification. WIDENN is not a data backup service. Thus, the user must not rely on the platform to save and conserve their content.
In any case, WIDENN has no obligation to sort out, control, edit or delete any content on the platform.
2. Responsibility of the user
The user must accept the code of conduct of the platform (available for consultation at the following address : http://www.widenn.com/codeofconduct). The user will agree to their acknowledgment of this code of conduct during their registration to the platform.
The user also accepts to immediately report any forbidden behaviour regarding the code of conduct of the platform to the WIDENN team.
The user agrees to not create any account on behalf of another person or company, except if he is specially authorized to do so by the relevant person.
The user acknowledges that he uses the platform to their own risk.
Protection of data & information
The user is the only one responsible for any activity on their personal account, and especially for the various information & data uploaded to the platform (texts, documents, username, images, etc.). He guarantees the veracity and rightfulness of this information & data.
The user must also ensure the safety and secrecy of their credentials of connection to the platform.
As part of the WIDENN internal messaging application
The user is solely responsible for any interaction with other users on the platform, either on or offline.
As part of the initial contact between two users, the users acknowledge that any discussion between them concerning a format is not a binding convention. There is no contractual relationship or authorization to use the content until an authentic signature is on a written contract between the two parties.
In addition, any user taking part in a discussion on WIDENN’s internal messaging application holds the right to halt any communication with another user at any time.
AVAILABILITY OF THE PLATFORM
The provider reserves the right to interrupt the service without notice to the user, for reasons concerning inherence of the operating constraints of the platform.
WIDENN’s aims to make the platform as available as possible. Nevertheless, WIDENN will not be held accountable for situations in which the platform’s functionality is interrupted due to maintenance and improvement, urgent fixing, network deficiencies and technical faults.
If one of the provisions of these General Terms and Conditions is null and void, this provision will be invalid and non-existent. All other provisions will remain valid and continue to be in effect.
CHANGE OF THE TOS
Use of the platform after enforcement of an updated TOS and any changes is the tacit agreement of the user. The updated TOS will be in effect the day they are put online and will be applicable to use of the platform by users from this date.
VIOLATION OF THE TOS
In case of violation of the TOS, WIDENN can delete, edit, block or control the content of any user account WIDENN considers to be in violation of the TOS.
If the user does not observe the provisions of the TOS, WIDENN can be brought to partially of entirely block access to the platform to this user.
The user can address, via a registered letter with recorded delivery, a complaint to the provider at the following address WIDENN SAS – Chemin du pré de la cour – 38770 Monteynard; or via e-mail to the following address: contact(at)widenn.com.
WIDENN EXEMPTION FROM LIABILITY
WIDENN company, its collaborators, employees & partners do not guarantee the following:
The different parties of WIDENN company do not guarantee that the use of the platform by any user is legal in any jurisdiction, and exempt themselves of such guarantees.
The different parties of WIDENN company cannot be held accountable for third parties & companies for any loss, damage or deterioration of user’s content directly or indirectly linked to the use of the platform.
The platform’s content (structure, design, texts, images, animations, logos) are the exclusive property of the provider. Any partial or total representation of this platform and/or of its content is submitted through a prior authorization, written or explicit, from WIDENN company.
The use of the platform does not include the possession of any intellectual property owned by the provider.
The user must not delete, modify or conceal any notice concerning copyrights, registered trademarks, service trademarks or any property right owned by WIDENN company.
He must not reproduce, modify, create derivative works, display, publish, distribute, sell, grant a license or in general exploit the content owned by WIDENN company.
The user ensures that content uploaded on the platform does not violate or breach the right of a third-party (especially concerning privacy rights, publicity rights, copyrights, registered trademarks or any intellectual property right).
The user is fully committed to indemnify and harmlessly hold WIDENN company, its collaborators, employees and partners; especially concerning potential complaints or accusations, including attorney’s fees, for different matters such as the content uploaded on the platform, the use of the platform by a user or the violation of the rights of others.
APPLICABLE LAW AND COMPETENT JURISDICTION