ARTICLE 1 – DEFINITIONS 

For the purposes of these Terms and Conditions of Use, the following terms shall receive the definitions below: 

“Crawler”: refers to any computer program made to carry out Crawling. 

“Crawling”: refers to any technique by which a computer program browses and indexes, in an autonomous and automatic manner, to general level websites on the Internet and particularly the Website, allowing the Crawler, after having analyzed the Content of the Website, to use it in the framework of artificial intelligence solutions. 

“Terms and Conditions of Use”: refers to all the stipulation provided forth herein whose purpose is to define modalities and rules of access and utilization of the Website. 

“Content(s)”: refers to all the information and data given by the User(s) in the Website, particularly texts, images, logos and work of the spirit (within the meaning of Articles L112-1 and following of the French Intellectual Property Code) appearing on it. 

“Data Scraping”: refers to any technique by which a computer program extract information from a human-readable source allowing a third party to stock locally, consult and exploit them. Among the techniques of Data Scrapping, can be find for example screen data capture (screen scraping), and extractions of data on the web by mean of HTTP protocol or from a web browser (web scraping). These practices allow Data Scrapper to use the Content’s Website in the framework of artificial intelligence solutions. 

“Scraper”: refers to any computer program made to carry out techniques of Data Scraping 

“Service(s)”: refers to the provision of materials, particularly viewing and sharing modules of the Contents with professionals of the audiovisual industry, presentation of information about the Company, and most generally, any other service offered by the Company on the Website. 

“Website”: refers to online public communication services edited by the Company and located at www.superprod.net, and/or any other web address that would be added to or substituted for it. 

“Company”: refers to SUPERPROD, including the parent company SUPERPROD SAS, its subsidiaries within the meaning of article L233-1 of the French Commercial Code, and companies under the control of SUPERPROD SAS within the meaning of article L233-3 of the same Code. 

“User(s)”: refers to all the Internet users that can access to the Website in order to consult and use, under the conditions defined in the present Terms and Conditions of Use the Content. 

ARTICLE 2 – OBJECT

The present Terms and Conditions of Use provide a legal framework for the use of the Website. 

Constituting the contract between the Company and the User, access to the site must be preceded by an acceptation of these Terms and Conditions of Use. Access to the site by any technical means signifies acceptance of herein Terms and Conditions of Use. 

ARTICLE 3 – SERVICES PROVIDED BY THE WEBSITE 

The Website presents to Users the Company, its activity and its projects. 

ARTICLE 4 – RESPONSIBILITY 

The Company and/or its service providers cannot be held responsible for any damage whatsoever, direct or indirect, resulting from access to its Website and those of its partners or, on the contrary, from the impossibility to access them. 

The Company and/or its providers cannot be held responsible in case of a non-compliant utilization of the Website by the User with the herein Terms and Conditions of Use. 

The User is responsible for any use of the Website that is contrary to the regulations and law in force and/or third parties right’s and undertakes, if applicable to indemnify the Company and/or its providers against any recourse, damage, complaints and/or demands from third parties relating to a violation by the User of herein Terms and Conditions of Use. 

The Company reserves the right to update the present information notice at any time. It therefore invites Users of the Website to verify regularly data and information that appear on it. 

ARTICLE 5 – LINKS TO OTHER WEBSITES 

The Website contains access to partners websites by means of hypertext links or by integrating content from those partners onto the Website. 

Even thought the Company has taken great care in selecting links to external websites, it has no control over the contents of those websites, their actual availability and the updating of their content. The Company therefore declines any responsibility about the content of sites accessible by means of hypertext link(s). 

ARTICLE 6 – INTELLECTUAL PROPERTY 

6.1. Protected by French and international intellectual property laws

The Website, the Content, as well as all distinctives elements of the Company and its commercial partners such as, especially, names, logos, domain names, and trademarks are protected under French and international laws on intellectual property. 

The Website, and all the elements composing it whatsoever, are the exclusive property of the Company or its beneficiaries. 

Therefore, representation or reproduction of all or part of the Website, including the Content, on support of any kind is strictly prohibited and would constitute an offence of counterfeiting and the person responsible for the infringement could be penally sanctioned. 

Furthermore, it is forbidden to extract for commercial purpose or not expressly authorized all or part of information, data or Content present on the Website, as well as to use a robot, Crawler, Scraper or any other computerized means or interface to extract Website’s data and/or to use them in the framework of artificial intelligence solutions without the express prior consent of the Company pursuant to article L122-5-3 paragraph 7 of the French Intellectual Property Code. 

Violation of these mandatory provisions shall subject the contravener, and any other person responsible, to criminal and civil penalties provided by the law. 

6.2. Standard clause Website Opposition to text and data mining by artificial intelligence

The structure of this Website, as well as all the audiovisual works and the content on the site, and all their components (text, graphics, signs, signals, sounds, images, etc.) are protected by legislation relating to intellectual property and may not be used in any way without the prior written approval of the Superprod company. 

Insofar as necessary, the Superprod company hereby objects to any copies or digital reproductions of these audiovisual works, content and/or any of their copyright- protected components (text, graphics, signs, signals, sounds, images, etc.) with a view to text and data mining, in particular by an Artificial Intelligence (AI) system, within the meaning of articles L. 122-5-3, III and L.211-3, 8° of the French Intellectual Property Code (CPI) transposing Directive (EU) 2019/790 of April 17, 2019 on copyright and related rights in the digital single market.

Article R. 122-28 of the CPI specifies that this opposition "needs not be justified and may be expressed by any means. In the case of content made available to the public online, this opposition may in particular be expressed by means of machine-readable processes, including metadata, and by recourse to the general conditions of use of a website or service".

It should be noted that within the framework of its activities, the company may authorize its co-contractors and/or media organizations to use the audiovisual works, content and/or any of their components protected by copyright (text, graphics, signs, signals, sounds, images, etc.) present on the Website, and this to the extent strictly necessary to carry out the authorized use or for information purposes. However, these authorizations do not allow these co-contractors and/or media organizations to make copies or digital reproductions of these works and/or content and/or their components for
the purpose of text and data mining, nor to authorize a third party to do so, in particular an AI system.

Consequently, all operations of text and data mining operated by an AI system using audiovisual works, content and/or any of their components protected by copyright (text, graphics, signs, signals, sounds, images, etc.) presented or made available to the public online on this Website or by third parties, whether this provision is made by excerpts or in full, in free access for free or for a fee, constitute acts of
counterfeiting, punishable by the penalties provided for in L. 331-1 and following of the CPI, unless prior written approval has been obtained from the Superprod company (or, where applicable, from the collective management organization to which the SUperprod company has expressly entrusted its mandate for this purpose). To make it easier to read this right of opposition by machine or any automated data collection device, this opposition is also expressed as follows: < TDM-RESERVATION: 1> or TDM: NO

ARTICLE 7 – PRIVACY POLICY  – PERSONAL DATA – COOKIES 

 7.1 Privacy policy 

To the extent that personal data concerning the User might be collected on the Website, the Company is subject to the privacy policy available on the Website. 

7.2 Cookies 

During the consultation of the Website, cookies might be deposited on the electronic device(s) (smartphone, computer, tablets…) of the User. The use of cookies by the Company and the methods of setting them by the User are governed by the Cookies Policy, available on the Website. 

ARTICLE 8 – GOVERNING LAW AND JURISDICTION

French laws are applicable herein. 

The User undertakes to seek an amicable settlement of the dispute with the Company before any court action is taken. 

In the absence of an amicable settlement, the dispute should be brought before the competent French courts.