Terms and Conditions
Last updated: 20/03/2019.
To see the latest versions, click here.
GENERAL TERMS AND CONDITIONS OF USE AND SALE - JANGADA VOD PLATFORM
GENERAL TERMS AND CONDITIONS OF USE
The association JANGADA, a non-profit association ruled by the 1901 law, whose SIRET number is 419 170 287 00033 and whose headquarters are located at Maison des associations du 4ème - 38 boulevard Henri IV - 75004 Paris (France) (hereinafter referred to as "JANGADA") developed an on-demand video platform called "JANGADA VOD" (hereinafter "Platform") accessible through the URL http://www.jangada-vod.com
The Platform allows you as an user to rent audiovisual content (the "Content") for viewing online through the Platform, on demand and at a time of your preference, in exchange of a fee, and in accordance with these general terms and conditions of use (the "T & Cs").
- OBJECTIVE OF THE GENERAL CONDITIONS OF USE AND SCOPE
The purpose of T & Cs is to define the conditions for using the Platform, as well as your rights and obligations as an User and / or those of the JANGADA. T & Cs apply to all services offered through the Platform (the "Services"), which are accessible only to adults (over 18) and who have previously created a personal user account on the Platform under the conditions described below (hereinafter referred to as "Users" and individually "User").
- The Site is a publication of JANGADA
- Director of publication: Katia ADLER
- Contact: firstname.lastname@example.org +55 21 997 63 53 90
- Company name: Associação JANGADA
- Legal form: Non-profit association under the rule of the 1901 law
- SIRET Number: 419 170 287 00033
- Head office: Maison des associations du 4ème - 38 boulevard Henri IV - 75004 Paris (France)
- www.jangada-vod.com is hosted by CTS COMPUTERS AND TELECOMMUNICATIONS SYSTEMS (SAS operating under the trade name MAGIC ON LINE), whose registered office is located at 130/134 avenue du Président Wilson 93512 Montreuil Cedex, +33 (0) 1 41 58 22 50.
2. ACCEPTANCE OF T & Cs
You must read these T & Cs carefully before using the Platform and the Services made available to you.
When browsing the Platform, creating an user account (an "Account") and using the Platform and its Services, you are deemed to have red, understood and accepted the Terms and Conditions of the Service and agreed to comply with them. When creating your account, you confirmed or will confirm the above, by checking the box provided for this purpose during the registration process.
3. OPEN AN USER ACCOUNT
3.1 Conditions to be fulfilled to open an account
To open an Account on the Platform and access the Services offered on it, you must be an adult (over 18), resident in one of the countries where the Platform is available (see list here), and legally being able to contract.
The creation of an Account on the Platform is free for all Users (excluding the costs of an Internet connection), without any obligation to rent Content on the Platform.
However, the creation of an Account is mandatory in order to use the Platform Services and, in particular, to rent and access the Contents offered therein.
3.2. How to create an account
To create an Account on the Platform, you must click on the tab provided for this purpose.
You will then be able to create your Account by filling in the form provided in the section entitled "Register", indicating all mandatory information (identified by an "*"), after having red and accepted the T & Cs before validating your registration. The user is informed that the personal data concerning him / her, collected when the Account is created, is collected and processed in accordance with the Platform's Personal Data Protection Policy, which can be consulted by clicking here.
Once the creation of the account is completed, you will receive a confirmation email from JANGADA.
On all subsequent visits to the Platform, you will be able to access your Account by entering the username and password you chose when you created your Account (or how you later modified them) in the fields provided for this purpose in the "Sign In" section of the Platform.
3.3 Warranties given by the User
You warrant that all information you provide is true, accurate and up to date. JANGADA cannot be held responsible in any way for any errors, omissions or inaccuracies in the information provided by an User, who acts under his own and exclusive responsibility.
You also warrant that you are creating and will create only one Account, and acknowledge that this Account is strictly personal.
You also agree not to use any pseudonym or email address that may infringe on the rights of third parties (including the use of another surname, brand or trade name, etc.), or that could be described as defamatory, harmful, threatening, vulgar, obscene, hateful, discriminatory, reprehensible or immoral.
You are solely responsible for the confidentiality associated with your username and password, and warrant JANGADA against any damages that may result from the fraudulent use of your Account, username and / or password by third parties, once you have authorized such use or become aware of it. You also undertake to inform the Raft of any fraudulent use of your Account, username and / or password, as soon as you become aware of it.
JANGADA reserves the right to refuse to create an Account that does not comply with these T & Cs.
4. USE OF THE PLATFORM AND AVAILABILITY OF SERVICES
The use of the Services and the Platform, as well as the viewing of the Content on location, is strictly for personal and non-commercial use, and cannot be shared with people outside of your home.
The use of the Platform and the Services requires an Internet connection and appropriate computer equipment, whose costs, fees, subscriptions and taxes are independent of the Services offered by the Platform, and at the User's sole expense.
The Player used by the Platform is compatible with most web browsers. Safari browser users must allow the use of Flash Player to view the Content. In addition, consultation of the Contents offered as part of the Services and the Platform is not guaranteed if you use an adBlocker.
If a proxy is used (especially on a corporate network), it is possible that the connection to the Platform or Services may be down. It is advisable to uninstall the proxy. Otherwise, access to the Platform and the Content offered through the Services is not guaranteed.
All Users are informed that the Contents available through the Platform are available in different language versions and / or subtitles, which are specified in the technical sheet of each Content, but generally the Contents are offered in an original subtitled version. Users are therefore invited to consult this section before confirming the rental of the Content to ensure that the language versions and / or subtitles available are suitable for them.
You undertake not to impede the operation of the Platform and the Services in any way and, in particular, not to use any computer program designed to reach or make the Platform, the Services and, more generally, the Raft information.
In addition, you declare that you are fully aware of the characteristics and limitations of the Internet and, in particular, of the fact that data and information transmissions on the Internet benefit only from relative technical reliability, since they circulate in heterogeneous networks with characteristics and capabilities. Different techniques, which can disrupt access or make access impossible at certain times.
4.2. Availability of Services on the Platform
The Services offered through the Platform allow you to rent one or more Content of your choice online, for viewing online through the Platform Player at the time you choose. For the different formulas offered to Users, see our General Conditions of Sale.
Once your rental request on the Platform is complete, you will have (30) days to view the Rental Content, and once you have started viewing that Content, you will only be able to continue viewing it for a period of forty-eight (48) hours from the beginning of the visualization. These conditions apply to all Content available on the Platform, unless otherwise stated and expressed directly on the Platform in the case of certain Content for which more limited periods may apply.
In all cases, the rented Content will only be made available within the limits of the rights held by JANGADA on such Content, either in terms of the duration of the rental and / or viewing, or in terms of the User's geographic location. You can only rent or view Platform Content in countries where JANGADA offers the Services and for which JANGADA has the corresponding rights.
Anyway, you are aware that JANGADA reserves the right to suspend or interrupt temporarily or permanently the total or part access to the Platform, Services and / or Content, in particular for reasons related to the security of the Platform and / or Content, or to maintenance, updating or any other technical reason.
5. INTELLECTUAL PROPERTY
5.1. The Platform
JANGADA is the owner of the Platform. JANGADA owns the intellectual property and database producer rights, or holds the rights to use and reproduce all the elements that make up the Platform, such as its technical components, graphics (images, graphics, logos, illustrations ), sound, text (including the name of the Platform and the presentation of the Contents) and audiovisual (including the Contents), as well as data, databases and software programs or solutions present and / or used through the Platform.
Any reproduction, representation, adaptation or use, in any way, of the elements of the Platform (including, without limitation, the Contents), as well as any extraction of data, by any means, is prohibited and will be punished criminally and / or civilly , unless prior written authorization from the Raft.
This prohibition includes, but is not limited to, copying, downloading, saving or generally "hacking" the Content made available through the Platform, as well as excluding or modifying any distribution made of the Content. Consequently, any recording or downloading, regardless of the process or means used for this purpose, of all or part of the Contents, is expressly prohibited and will be punished with criminal and / or civil sanctions, except with the prior written consent of JANGADA.
5.2. The Player
The "Player" is the tool that allows you to view the Content present on the Platform during a rental made by a User. The Player is the exclusive property of JANGADA.
It is therefore prohibited to reproduce, copy, modify, alter, delete, exchange or exploit the Player and its functionalities in whole or in part. Editing, making available to the public or communicating to the public any software, application, website or any other type of tool that circumvents the normal use of the Player is not allowed.
You are solely responsible for your computer equipment and the tools necessary for the proper use of the Platform and the Services.
JANGADA will not be liable to any User or third party for any improper use of the Platform and Services that does not comply with these T & Cs.
JANGADA is committed to making all necessary efforts to ensure the continuity of the Services. However, JANGADA is only subject to an obligation of means and cannot be held responsible for any damages related to the interruption or malfunction of the Platform and Services, whether it is a technical or legal problem.
The Raft cannot be held responsible either if you are unable to access the Platform or the Services, in whole or in part, due to your computer configuration, your Internet connection, a computer virus or a harmful program located on your device used to access the Platform.
Finally, JANGADA will not be responsible for any suspension or malfunction of the Platform or Services, for any delay in fulfilling or not fulfilling its obligations resulting from T & Cs, due to cases of force majeure or events beyond its control.
7. DISABLE OR DELETE AN ACCOUNT
7.1. By User
You can request the deletion of your account at any time, following the following procedure: first login to your User account on the platform, then click on the «Delete my account" button available in the "My account" section and finally confirm the exclusion by clicking "Yes".
7.2. By JANGADA
JANGADA reserves the right to suspend and / or close any Account in the event of failure by the User to comply with any of the aforementioned guarantees and, more generally, the conditions established in these T & Cs; or in the event of fraudulent use of an Account or a User's username and password.
8. APPLICABLE LAW - JURISDICTION
These T & Cs are subject to French law, and any dispute between JANGADA and a User and / or third parties related to these T & Cs will be subject to the exclusive jurisdiction of the French courts.
JANGADA reserves the right to modify and update these T & Cs at any time, without prior notice or special formality. JANGADA will inform you in a way it deems appropriate and sufficient, and such changes will be applied as soon as the information is provided.
For all purposes, feel free to consult the T & Cs regularly to check the latest version in force.
In the event that any clause in the T & Cs is declared illegal or invalid, only that clause will be deleted and all other clause will continue to apply and will have full effect.
GENERAL TERMS AND CONDITIONS OF SALE
Last updated: 4/5/2019
The association JANGADA, association law 1901 non-profit whose SIRET number is 419 170 287 00033 and whose head office is located at Maison des Associations du 4e - 38 Boulevard Henri IV - 75004 Paris (France) (hereinafter "JANGADA") has developed a platform on-demand videos entitled "JANGADA VOD" (hereinafter the «Platform»), accessible via the URL http://www.jangada-vod.com
The Platform allows any user who has created an account (hereinafter "You", «Your", "Your") to proceed with the rental of audiovisual content ("Content") for online viewing through the platform, from according to Your order and at the time of Your choice, upon payment of a fee.
1. OBJECTIVE OF GENERAL SALES CONDITIONS AND SCOPE
These general terms and conditions of sale ("Conditions") form a contract between JANGADA and You.
They aim to define (i) the terms and conditions under which JANGADA proceeds to rent Content on the Platform and (ii) Your rights and obligations, as well as those of JANGADA, within the scope of leases.
These Conditions govern any rental of Content on the Platform. Before any rental of Content, You must check the box "I accept the General Conditions of Sale". By checking this box, You acknowledge that you have read and accepted the Conditions without reservation.
The Conditions are complemented by the General Terms and Conditions of Use of the Platform and the Privacy & Cookies Policy, available on the Platform.
2. DESCRIPTION OF CONTENT
The Platform provides a set of audiovisual content that You can rent for a limited period from the date of command, in accordance with the conditions described in Article 5 of the Conditions.
The Content is divided into different categories: cinema, series and documentaries. On the details page of each Content, all characteristics of the Content (synopsis, duration, year, ...) are specified.
JANGADA also makes available on the Platform a Content category called "Online Festival". This Content category will be available only once a year, for a continuous month.
JANGADA reserves the right to modify the Content catalog available on the Platform, without negatively affecting the viewing of already rented content.
- Creating a user account
The rental request is subject to the creation of a user account on the Platform, as described in the Platform Terms and Conditions of Use.
b. Content Rental
To rent Content on the Platform, You must browse the Platform and choose the Content you want to rent. A Content presentation page is available for each Content.
To start the order rental process, you must click on the "RENT" button on this Content presentation page. You will be redirected to the order summary page.
On the next page, you can choose to use a promotion code by filling in the dedicated field.
You must then read the Conditions and accept them by checking the corresponding box and then clicking on "Confirm and Pay" if you wish to continue the rental process.
When you click "Confirm and pay», a payment page opens. If you want to finalize the rental process, you must fill in your billing information and click on "Payer par Carte" to validate your payment.
You can cancel the order process at any time by closing your browser page before clicking "Payer par Carte». You can also close and open the payment pop-up on this page by clicking "Pay".
c. Order Confirmation
After the payment of Your order and when it has been confirmed by Raft, You will receive an electronic order confirmation by the email address associated with your user account.
4. RIGHT OF WITHDRAWAL
In accordance with Article L.221-28 13 °) of the Consumer Code, You give your express prior consent to immediately rent a Content, before the end of the withdrawal period. You acknowledge that You thereby waive Your right of withdrawal. Therefore, You do not have the right of withdrawal for 14 days provided by the Consumer Code for distance selling.
5. CONDITIONS FOR VIEWING THE CONTENT
After receiving confirmation of Your rental by email, You will have 30 days to view it.
You can access the rented content in your user account on the Platform, under the "My Movies" tab. After the 30-day period, the content will no longer be available in your user account and you will have to rent it again to view it.
After you start viewing a Content, You will have 48 hours to complete the preview. After this period, the Content will no longer be available in your user account and you will have to rent it again to view it.
Particular case of Contents in the Online Festival category: the viewing conditions described above are not applicable to the Online Festival category. Specific viewing conditions apply to the Contents of this category. These specific conditions are described on the Platform at the time of your rental.
6. INTELLECTUAL PROPERTY
The Content You rent on the Platform is protected by intellectual property rights.
As such and in accordance with the Intellectual Property Code, the Customer undertakes not to infringe these rights and, in particular, to view the Content only in a strictly personal and non-commercial manner.
7. PRICE - PAYMENT
- The Content rental price
The unit price for renting a Content is displayed on the Content overview page and throughout the ordering process. Prices are in euros and all taxes are included.
JANGADA may, at any time, modify the prices of Content on the Platform, without having an impact on the price of Content already rented and not yet viewed.
b. Promotional Offers
JANGADA offers promotional offers ("Our PASS") for the rental of Content on the Platform.
Offers may take the form of a pass ("PASS"). Passes allow You to rent a defined number of Content on the Platform for a fixed global fee. PASS allows You to benefit from a reduction in the unit rental price for Content.
The terms and conditions (including prices) of these Offers are published on the Platform in the "Our PASS" menu. Prices are displayed in euros and include all taxes and fees.
JANGADA reserves the right to modify the terms and conditions of the Offers at any time. However, it is specified that in the event that You have purchased a PASS, You may benefit from it in accordance with the terms and conditions that were in effect at the time of purchasing the PASS. When You rent Content using Your PASS, You are subject to the Conditions and, in particular, the viewing conditions described in Article 5.
Promotional offers may also take the form of promotional codes that will be sent to You by JANGADA. These promotional codes can be used when ordering (see article 3.b).
c. Rent payment
You will be able to pay for the rented Content with your credit card on the Platform. Accepted credit cards are: Carte Bleue, Visa, Master Card.
JANGADA cannot be held responsible in case of difficulties that You may encounter in relation to the rental of Content or the viewing of rented Content or in case of damages that You may suffer due to the use of the Platform if it is due:
- to you,
- an unpredictable and insurmountable fact / use of a third party,
- a case of force majeure.
9. MODIFICATION OF CONDITIONS
JANGADA reserves the right to modify the Conditions at any time.
However, the Conditions applicable to your order will remain those that You accepted at the time of rental.
10. APPLICABLE LAW AND DISPUTE RESOLUTION
Conditions are subject to French law.
In any case, You can send to JANGADA any complaint related to the application of the Conditions or the use of the Platform: by email at email@example.com or through the contact form available on the Platform.
The European Commission provides an online dispute resolution platform that You can access here: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN.