TERMS AND CONDITIONS OF SUBSCRIPTION AND USE
1. PRELIMINARY INFORMATION
1.1 The website www.myzen.tv/index.php and the "MyZen TV" applications (hereinafter together "the Website") are the exclusive property of COFITES, a simplified joint-stock company with a share capital of 100,040 euros, registered in the Trade and Companies Register of LILLE under number 441 119 989, with intra-community VAT number FR 37 441 119 989, and whose head office is located at 9 rue Archimède 59650 VILLENEUVE D'ASCQ, FRANCE (hereinafter "MYZEN TV").
1.2 The purpose of the Website is to provide digital content related to lifestyle themes. This content, and in particular access to the television service on the "MyZen TV" channel, is subject to a paid subscription.
1.3 The user of the Website (hereinafter "the User") is informed that he can contact MYZEN TV at any time for any information, question and/or complaint relating to these terms and conditions of subscription and use ( hereinafter "the Terms and Conditions") using the form provided for this purpose on the Website under the "Contact" heading.
2.1 These Terms and Conditions are intended to define the conditions of access, use and subscription to the services offered by the Website, as well as the rights and obligations of the User of the Website and its services.
2.2 The use of the Website and its services by the User, as well as his subscription to the paid services of the Website, implies the consultation, understanding and acceptance of these Terms and Conditions by the User.
2.3 Any use of the Website and its services, as well as any subscription to paid services of the Website by the User, will be subject to these Terms and Conditions.
2.4 Before using the Website, the User declares:
· To have access to the Internet and have verified the availability of such access;
· To have read the conditions under which the Website operates;
· To have all the necessary technical skills to access and use the Website in accordance with these Terms and Conditions
3. ACCEPTANCE AND OPPOSABILITY OF THE TERMS AND CONDITIONS
3.1 The User is informed that MYZEN TV can adapt and modify these Terms and Conditions at any time. Any such modifications or adaptations shall not affect the subscription previously subscribed by the User on the day of modification or adaptation hereof.
3.2 In the event of a major change to these Terms and Conditions, the User shall be informed via a pop-up window detailing the change(s) made to the Terms and Conditions and by e-mail, within a minimum of thirty (30) days before the entry into force of any such amendment(s).
3.3 Although the modifications made to the Terms and Conditions shall not affect the current User's subscription on the day of the modifications, any use of the Website after the entry into force of the modifications impacting the conditions of use of the Website implies acceptance of these modifications.
3.4 The Terms and Conditions are permanently accessible and can be consulted at any time by the User on the Website by clicking on the "Terms and Conditions" heading. The User has the option to save or print them using the standard features of his browser or his computer.
4.1 Subscription process
4.1.1 The "MyZen TV" television service is a pay television and encrypted service accessible on computer, connected television, tablet and smartphone. The User has the possibility to subscribe on the Website to the "MyZen TV" TV channel as well as to all services offered on the Website.
4.1.2 The User subscribes to the paid services offered on the Website by clicking on the "Subscribe" section of the Website. The User is invited to select the desired subscription form by ticking the corresponding box on the form, and fill in any promotional codes by completing the form provided for this purpose.
4.1.3 In order to validate his selection, the User must create a user account on the Website, by filling in the mandatory fields of the form. The User is thus invited to specify his email address and the password that will be used later as his credentials to access his user account.
4.1.4 The User can subscribe to the MYZEN TV newsletter by checking the box provided for this purpose at the end of the user account creation form.
4.1.5 Once all the requested information has been completed, the User shall validate the form and is invited on the following page to choose the method of payment and accept these Terms and Conditions
4.1.6 Once the User has paid for his subscription to MYZEN TV and paid services, and accepted these Terms and Conditions, he shall receive an email confirming his subscription to MYZEN TV paid services as well as the creation of his user account at the email address entered in the form.
4.2 Right of withdrawal
4.2.1 If the laws of the place of residence provide that the User has a right of withdrawal, the latter may exercise such right under the provisions thereof. Unless more favorable provision resulting from the law of his country of residence, the User shall be entitled to withdraw under the following conditions.
4.2.2 User has a period of fourteen (14) days to withdraw his subscription to the paid services of MYZEN TV. This period runs from the date of subscription to MYZEN TV paid services by the User. The day of conclusion of the subscription contract is not counted in the withdrawal period, which begins at the beginning of the first hour of the first day and ends at the end of the last hour of the last day of this period. If this period expires on a Saturday, Sunday or a holiday, it is extended until the next business day.
4.2.3 To exercise his right of withdrawal, the User must notify MYZEN TV within the above mentioned period of his decision to retract by using the form made available for this purpose on the Website, or by means of a declaration unambiguously expressing its desire to retract communicated to MYZEN TV by:
• Postal mail to the following address: COFITES, 9 rue Archimède 59650 VILLENEUVE D'ASCQ, FRANCE;
• By e-mail to the following address: [firstname.lastname@example.org]
4.2.4 In the event where such right of withdrawal is exercised, MYZEN TV shall reimburse the User for all amounts paid within a maximum of fourteen (14) days from the date on which MYZEN TV is informed of the User's decision to retract. The refund will be made according to the same payment method used by the User, except for different reimbursement terms expressly accepted by the User.
4.3 Prices and methods of payment
4.3.1 Prices of MYZEN TV services are indicated in euros or US dollars all taxes included.
4.3.2 The prices are valid only for the duration during which they are accessible electronically in real time on the Website. The price paid by the User for his MYZEN TV subscription will correspond to the price in effect as at the date and time of his subscription.
4.3.3 To pay for his subscription, the User shall use the means of payment accepted by the Website. If any bank or exchange charges are applied by the payment institution or the bank of the User, they will remain the responsibility of the User.
4.3.6 The User proceeds to the choice of his method of payment at the time of validation of his subscription to the paid services of MYZEN TV.
4.3.7 The User guarantees to be the holder of the means of payment used and to have all the authorizations required to use it. Once the transaction is completed, a confirmation screen of the payment made shall appear. The User is invited to print the document in order to keep the transaction references. A confirmation e-mail is also sent to the e-mail address provided in the subscription form.
4.4.1 The User shall subscribe to the paid services of MYZEN TV for the duration corresponding to the formula subscribed to by the User:
• One (1) month without commitment of duration;
• Full subscription for a minimum of twelve (12) months.
4.4.2 The subscription of the User will be tacitly renewed at the end of his subscription period for successive periods of a duration equal to that of his initial subscription. For any subscriptions longer than one (1) month, the User may cancel his subscription at any time. The cancellation will become effective as of the expiry date of the current subscription period.
5. OBLIGATIONS OF MYZEN TV
5.1 Quality of services
5.1.1 MYZEN TV strives to provide the User with quality services and to enable him to use all the services of the Website in the best possible conditions.
5.1.2 Due to the nature and complexity of the Internet network, and in particular its technical performance and response time required to view, query, or transfer information data, MYZEN TV is doing its best efforts, in accordance with the rules of art, to allow access and use of the services offered by the Website. MYZEN TV cannot, however, ensure accessibility or absolute availability of the Website allowing access to the services.
5.1.3 User is responsible to ensure the adequacy of its hardware configuration and access speed to the Internet in order to optimally use the services offered by the Website. MYZEN TV cannot be responsible for the proper functioning of the User's computer equipment and its access to the Internet.
5.2 Maintenance and update
5.2.1 MYZEN TV reserves the right, without notice or compensation, to temporarily close the Website or access to the services, including but not limited to, for purposes of carrying out any update, maintenance operations, modifications or changes on the servers.
5.2.2 MYZEN TV reserves the right to supplement or modify, at any time, the Website and the services offered therein according to the evolution of technologies.
5.2.3 MYZEN TV is not liable for damages of any kind that may result from these changes and/or temporary unavailability, or the definitive closure of all or part of the Website and/or services in connection thereof.
5.2.4 The Website contains information made available by MYZEN TV's partner companies and/or hypertext links to the Websites of these partner companies. The responsibility of MYZEN TV cannot be engaged for the contents and elements available on the Websites of the partner companies. The User is invited to read the conditions of use of the websites of the partner companies.
5.3.1 MYZEN TV makes its best efforts, in accordance with the rules of the art, to secure the Website with regard to the risk incurred and the nature of the data processed.
5.3.2 MYZEN TV cannot however be responsible for:
• difficulties in operation or interruption of its services independently of the will of MYZEN TV;
• momentary interruptions of the services or the Website necessary for their evolutions, maintenance or update;
• failure or malfunction of the Internet in the transmission of data, messages or documents;
• a difficulty related to the response time or any lack of performance of the Website;
• a lack of conservation of the data published on the Website;
• computer security breaches that may cause damage to Users' computer equipment and their data and/or the presence of viruses on the Website.
It is expressly specified that the list of MYZEN TV's hypotheses of liability exemptions mentioned above is not exhaustive.
6. OBLIGATIONS OF THE USER
6.1 Intended use
6.1.1 The User is responsible for the use of the services and its actions on the Website. He undertakes to use the Website fairly, in compliance with these Terms and Conditions, acting in a manner consistent with the laws and regulations in force, public order, morality and the rights of third parties.
6.1.2 The User shall refrain from performing any illegal or fraudulent act against MYZEN TV, other users of the Website, or third parties.
6.1.3 The User shall refrain from performing the following acts:
• impersonating a natural or legal person;
• interfering with or disrupting the Website, servers or networks connected to the Website;
• collecting or storing personal data or attempting to collect or store personal data about another user or participant of the Website;
• harassing in any way another user or participant of the Website, as well as any employee of MYZEN TV;
• violating, intentionally or unintentionally, applicable local, national or international laws.
6.2.1 The User is prohibited from deleting or modifying data contained on the Website that has not been published by himself, fraudulently introducing data into it, or altering the functioning of the Website. The User must not introduce viruses, malicious code or any other harmful technology to the Website and the services offered therein.
6.2.2 The User agrees not to use devices or software of any kind that would disrupt the proper functioning of the Website and the services offered therein. The User also undertakes not to take any action that imposes a disproportionate burden on the Website's infrastructure.
6.2.3 The User declares to be aware of the nature of the Internet and its limits. The User declares to be aware that the data circulating on the Internet are not necessarily protected, in particular against possible diversions.
6.2.4 The User shall therefore take all necessary measures to ensure the proper functioning of his Internet access terminal as well as ensure his own security, in particular by adopting measures in order to manage his identifiers and passwords, which shall be kept confidential. The User shall also adopt the necessary security measures to preserve its own data and/or software from contamination by possible viruses on the Internet.
6.2.5 In the event of a security breach on the Website, the User undertakes to inform MYZEN TV as soon as possible via the "Contact" section accessible on the Website and by filling in the mandatory fields of the content form available in this section.
7. USER ACCOUNT
7.1 Account creation
7.1.1 Access to the Website is not subordinate to the prior creation of a user account. However, certain parts of the Website or services offered are only accessible to the User who has subscribed to MYZEN TV paid services and who has created a user account by completing all the mandatory fields of the form available in the "Subscribe" section.
7.1.2 Upon completion of the subscription to MYZEN TV paid services, the User will receive an email confirming his subscription and creating his user account at the e-mail address provided in the form.
7.1.3 The User guarantees the completeness and accuracy of the information provided on the Website for the purposes of his subscription and the creation of his user account. He undertakes to update them so as to maintain their accuracy.
7.2.1 The User's identifiers on the Website (e-mail and password) are strictly personal and confidential.
7.2.2 The User is solely responsible for the preservation and maintenance of the confidentiality of his identifiers on the Website. User has the obligation to take any useful measure in order to preserve the confidentiality and proceed to the modification without delay of its identifiers on the Website in case of unauthorized communication to third parties.
7.2.3 In case of loss or theft of its identifiers, the User shall proceed to requesting new identifiers by clicking on the "My Account" section of the Website and completing the form contained in this section. In case of modification of the password, an e-mail will be sent to the e-mail address entered during the creation of his user account to make this change.
7.2.4 Any use of the User's credentials to log in to his/her user account is deemed User's use of the Website and its services. The User is therefore solely responsible for the use of the Website made with his identifiers. MYZEN TV cannot be held responsible for any loss or damage resulting from a breach of the User's confidentiality obligations.
7.3 Use rights
7.3.1 The User's subscription to the paid services of MYZEN TV is exclusively personal and allows him to benefit from only one simultaneous connection per terminal (computer, connected television, tablet and smartphone). The services are accessible through the website www.myzen.tv/index.php/fr and "MyZen TV" applications.
7.3.2 The User's subscription to the Website confers on him only an individual right of consultation. The access delivered to the User entails the formal prohibition to reproduce, represent, copy or extract all or part of the contents of the Website.
8.1 Termination by MYZEN TV
8.1.1 MYZEN TV may at any time, without notice or indemnity, immediately terminate the subscription taken out by the User in one of the following hypotheses:
• The User violates all or part of these Terms and Conditions;
• MYZEN TV is unable to verify or authenticate the information provided by the User if the User does not respond to authentication requests from MYZEN TV;
• MYZEN TV believes that the actions of the User are likely to engage its responsibility, that of MYZEN TV, or that of other users of the Website;
• The User's account is used fraudulently.
8.1.2 The termination by MYZEN TV of the User's subscription will result in the closure of his user account on the Website. MYZEN TV may also in this context send a warning to the User or suspend his access to services.
8.2 Termination by the User
8.2.1 The User may cancel at any time his subscription to the paid services of MYZEN TV on the Website by connecting via his user account under the conditions provided for in Article 4 above.
8.2.2 The termination by the User of his subscription to the paid services of MYZEN TV will not give rise to any refund, unless this termination is caused by MYZEN TV's misconduct or failure to comply with its obligations.
9. INTELLECTUAL PROPERTY
9.1 Elements of MYZEN TV
9.1.1 These Terms and Conditions shall not entail any transfer of intellectual property rights for the benefit of the User as regards elements of the Website belonging to MYZEN TV.
9.1.2 The content of the Website, its general structure, and all elements used by the latter (including, but not limited to, trademarks, drawings, models, animated or non-animated images, texts, photographs, logos, graphics, software and programs, search engines, databases, sounds, videos, domain names, design or know-how) are the exclusive property of MYZEN TV or of third parties that have licensed them to MYZEN TV, and are protected by the intellectual property rights granted to them by applicable laws.
9.1.3 The User is prohibited from broadcasting and reproducing the contents of the Website and of services associated thereto by any means and for any public whatsoever. The User is expressly warned that the distribution, rental, sale or resale of the contents of the Website without the express prior authorization of MYZEN TV constitutes an act of counterfeiting punishable by applicable laws and regulations.
9.2 Elements of the User
9.2.1 Contributions made by the User on the Website are public and not covered by any obligation of confidentiality. The User grants to MYZEN TV a right to use the content that it publishes on the Website, of which it owns the exclusive property, and which are protected by the intellectual property rights that are recognized by applicable laws and regulations.
9.2.2 This right of use includes the right for MYZEN TV to reproduce, represent, modify, adapt, publish, broadcast, translate, use for the purposes of services or sublicense the elements, on any known or future communication medium as part of the services. This right of use is transferable and is granted free of charge by the User to MYZEN TV for the whole world and for the duration of the online accessibility of content and their subsequent storage by MYZEN TV.
9.2.3 The User agrees to take all necessary measures to ensure the protection of the rights granted to MYZEN TV, and guarantees the peaceful enjoyment to MYZEN TV, against any recourse of third parties.
9.3 Third party elements
9.3.1 The elements belonging to third parties (including, but not limited to, any trademarks, drawings, models, images, texts, photographs or logos) are the exclusive property of their author and are protected by the intellectual property rights granted to them by applicable laws and regulations.
9.3.2 The User agrees not to infringe, directly or indirectly, the property rights of third parties whose elements are present on the Website, and is prohibited from exploiting, in any way whatsoever, the names, trademarks, logos, software, information, databases and all documents generally communicated to it, as part of the execution hereof.
10. PERSONAL DATA
10.1 The Website shall implement the automated processing of User's personal data when (i) subscribing to the Website and creating his/her user account, (ii) subscribing to the newsletter or (iii) taking contact with MYZEN TV.
10.2 By approving these Terms and Conditions, the User agrees to the processing of personal data collected by MYZEN TV on the Website.
10.3 In application of the Data Protection Act of January 6, 1978 relating to data, files and freedoms (hereinafter "the Data Protection Act"), as well as the provisions of the European regulation no. 2016/679 of April 27, 2016 relating to the protection of individuals with regard to the processing of personal data and the free movement of such data (hereinafter "the GDPR"), the User has the following rights:
• Right of access to personal data concerning him;
• Right to question the use of his personal data;
• Right to correct personal data;
• Right of opposition for legitimate reasons to his personal data being subject to processing or used inter alia for purposes of commercial prospection;
• Right to define the overall fate of his personal data after his death.
10.4 The User may exercise all these rights at any time with MYZEN TV by completing the form available on the "Contact" section of the Website. MYZEN TV shall respond to the User's request as soon as possible and in accordance with applicable laws and regulations.
10.5 The data collected by MYZEN TV on the Website shall be retained for the prescribed legal duration. These data are intended for MYZEN TV but can also be communicated to partners or subcontractors of MYZEN TV in order to ensure the proper execution of the services offered to the User on the Website. Some of these recipients may be located outside the European Union. The User is however informed that guarantees have been taken to ensure a sufficient level of protection of his personal data.
11. GENERAL PROVISIONS
11.1 If one or several provisions hereof are deemed invalid or declared as such under a law, regulation or following a final decision of a Court with competent jurisdiction, the other stipulations shall remain fully applicable.
11.2 MYZEN TV and the User agree that the fact that one of the parties hereto would tolerate a situation, shall not grant rights to the other party. Such a tolerance shall not also be interpreted as a waiver of the rights in question.
11.3 The User authorizes MYZEN TV to involve any subcontractor of its choice as part of the execution hereof. The User agrees that in this case MYZEN TV shall transmit to this subcontractor the information and personal data of the User necessary for the performance of the outsourced services.
12. APPLICABLE LAW / MEDIATION
These Terms and Conditions are governed by French law. If the User does not reside in France, he may however, depending on the country concerned, request application of the law of the latter.
The User is informed of its ability to appeal, in the event of a dispute relating to these Terms and Conditions, to a conventional mediation procedure or any other alternative method of dispute resolution.
The User is thus entitled to use the European online platform for online dispute resolution ("ODR") available at the following address: http://ec.europa.eu/consumers/odr.