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Terms of use / Legal Mentions

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This website is produced by Technicolor's Marketing Department, with the following partner:

Maecia (Web & Design  Agency)
www.maecia.com

 

Terms of use / Legal Mentions

1. Scope 

The purpose of the present procedure (this "Procedure") is to define the terms and conditions under which Technicolor Delivery Technologies (the “Company” or “Technicolor”) authorizes the Partner to access to the Technicolor Partner Hub Website (hereafter called “TPH”). 

In order to access and use the TPH, and in addition to the access code and password supplied by the Company according to Section 2 herein, the Partner shall be required and responsible for: (a) obtaining access to the Technicolor Partner Hub Web Site and, as the case may be, bearing any service fees, costs and charges (including telecommunication charges), local taxes, dues or withholding of any kind associated with or incurred by such access and use of the Technicolor Partners Hub Website, and (b) providing its authorized users with all equipment necessary to access to the Technicolor Partner Hub Web Site, including but not limited to a computer, modem or other access devices. 

In consideration of the global nature of the Internet, and in addition to this Procedure, the Partner agrees to comply with all applicable laws or regulations regarding access to the TPH, online conduct and transmission of data exported from France and/or imported in the country in which the Partner is located. 

 


2. Appointment of the TPH Users - ID and Password allocation 

2.1- The Company reserves its rights to authorize or refuse a request from a company which is not considered as a Technicolor authorized partner (the “Partner”). The TPH is open to authorized partner which shall mean a company which is in running business relationship with Technicolor and which has signed either a non confidentiality agreement or a distribution agreement or Technicolor General Terms and Conditions (available upon Partner’s request). The Partner may  appoint among its employees or agents those who may be authorized to have access to the TPH (the "Users"). 
 
2.2- The Partner shall immediately provide the Company by written notice with the Users list including the Users' names and title as well as their complete mailing address, phone number and e-mail address. The Partner shall take all necessary measures to cause the Users to fully comply with any and all requirements and obligations provided for under this Procedure. 

2.3- After Users' list has been so provided, the Company shall approve the list of the users. The Partner will be then informed of the approval. Each of the approved users will then be invited by the Company to request their account creation through the TPH. The Company may deny all account creation requests out of this approved list of Users or may request the approval of the Partner on a case by case basis.

2.4- The Password is the property of the User alone. The Company may revoke the Password and access rights to the TPH at any time, in the Company's sole discretion. Furthermore, the IDs and the Passwords are confidential information as defined in Section 6 herein. 

2.5- The Partner and each of the Users shall take all necessary measures to protect the Password from unauthorized use and disclosure; these measures shall include, but shall not be limited to, keeping the Password confidential from the User's co-workers. The Partner shall be responsible to the Company for the ID and Password security. 

2.6- Any modification to the Users list shall be immediately notified in writing to the Company such as in case of any User terminating its employment with the Partner or any newly appointed User by the Partner. In this latest case, the newly appointed User shall proceed to the procedure highlighted in the terms and conditions of Section 2.3 herein. 

2.7- Without prejudice to the foregoing, the Users shall cease the use of the ID and the Password immediately upon termination of employment and the Partner shall make cease the use of the ID and the Password by any of the Users who is not any more employed by the Partner. 

 

3. No Unlawful or Prohibited Use

As a condition of the Partner use of the TPH, the Partner will not use the TPH and its access for any purpose that is unlawful or prohibited by these terms, conditions, and notices. The Partner may not use the TPH in any manner that could damage, disable, overburden, or impair any Technicolor server, or the network(s) connected to any Technicolor server, or interfere with any other party's use and enjoyment of the TPH. The Partner may not attempt to gain unauthorized access to the TPH, other accounts, computer systems or networks connected to any Technicolor server or access to the TPH, through hacking, password mining or any other means. The Partner may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the TPH.


4. Access perimeter 

4.1- The Partner acknowledges and agrees that the Users are authorized to use the IDs and the Passwords only for accessing the TPH for the business purposes intended by Technicolor and the Partner (following Technicolor General Terms and Conditions available upon Partner’s request or agreement signed between Technicolor and the Partner). The Partner and the Users shall not use the IDs and the Passwords to any other end. 

4.2- The selection and amount of the information available on the Web Site shall be at the sole discretion of the Company and may vary from a Partner to another; furthermore, the Company shall be entitled to modify, at any time, any information available on the TPH or discontinue, temporarily or permanently, the TPH access (or any part thereof) with or without notice to the Partner. 

4.3- The Partner and the Users are expressly forbidden from accessing and/or interfering with any equipment (hardware or software) owned by the Company, if the use of such equipment is not necessary for the exchange or transfer of information with the Company. 

 

5. Notices specific to software available on the TPH 

5.1- The Company retains all title to any software that should be made available to download from the TPH (the "Software"). Use of the Software (the "Software License") if any shall be governed by the terms of the software license as set forth in the Company's General Terms and Conditions. 

5.2- The Software is made available for downloading solely for use by the Partner and/or the Users for their own customers within the scope of their professional activity according to the Software License. Any reproduction or redistribution of the Software not in accordance with the Software License is expressly prohibited. 

5.3- Without limiting the foregoing, copying or reproduction of the Software to any other server or location for further reproduction or redistribution is expressly prohibited, unless such reproduction or redistribution is expressly permitted by the license agreement accompanying such Software. 

5.4- The Software is warranted, if at all, only according to the terms of the Software License. Except as warranted with respect to the Software in Technicolor’s General terms and Conditions or in an agreement signed between Technicolor and the Partner or in the Software License, the Company hereby disclaims all warranties and conditions with regard to the Software, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. 


6. Notice Specific to Documents Available on the TPH

6.1- Permission to use Documents (“Documents” shall mean but is not limited to white papers, press releases, datasheets, feature cards, photos of products and FAQs) from the TPH is granted, provided that (1) the specific authorization is requested to Technicolor as stated in the Web Site, (2) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (3) use of such Documents from the TPH is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (4) no modifications of any Documents are made. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties.

 
6.2- Documents specified above do not include the design or layout of the TPH or any other Technicolor owned, operated, licensed or controlled site. Elements of TPH are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any Technicolor Web site may be copied or retransmitted unless expressly permitted by Technicolor.
 

6.3- Technicolor and/or its respective suppliers make no representations about the suitability of the information contained in the Documents and related graphics published on the TPH Website for any purpose. All such Documents and related graphics are provided "as is" without warranty of any kind. Technicolor and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all warranties and conditions of merchantability, whether express, implied or statutory, fitness for a particular purpose, title and non-infringement. In no event shall Technicolor and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from the TPH.

6.4- The Documents and related graphics published on the TPH could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Technicolor and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.

 

7. Confidentiality 

Confidential Information shall mean all and any communication and all and any information, including the know how whether written, visual, in media form or oral and all other materials specifically stamped as confidential and provided by either Party to the other during the preparation and the continuance of this Agreement. In any case the marketing practices, commercial policies and the terms of this Agreement shall be considered confidential;


The Partner agrees to keep as strictly confidential any and all Confidential Information received or read through the TPH and any such information the Users download, transfer, print or otherwise obtain from the TPH. 

The Partner shall be fully liable for any prohibited disclosure. Where the Partner breaches the Agreement, the Company shall be entitled to receive liquidated damages from the Partner to the amount of fifteen thousand (15.000) EUR for each individual case. The liability of the Partner to pay liquidated damages shall not restrict the Company’s right to claim damages caused by the Partner, nor to exercise any other rights or remedies available under the applicable law.


8. Proprietary Information 

All the TPH design, text, graphics, selection and arrangement thereof, and all software compilations, underlying source code and all other information or data published on the TPH are protected by copyright

The Company hereby authorizes the Partner to copy the information published by the Company on the TPH solely for use in support of the Products distribution in the frame of a signed distribution agreement between Technicolor and the Partner or agreement to be signed. No other use of such information is authorized and Partner assumes any and all liabilities that may arise from a breach of such provision. In consideration of this authorization, the Partner agrees that any copy of this information which the Partner makes shall retain all copyright and other proprietary notices in the same form and manner as on the original. The Partner understands and acknowledges that no license under any patent, copyright, trade secret or other intellectual property right is granted or conferred upon the Partner and/or the User in this Procedure or by the access or transfer of any information through the TPH as contemplated hereunder, either expressly, by implication, inducement or otherwise, and any license under such intellectual property rights must be express and in writing. 


9. Trademarks 

The trademarks, logos and service marks (the "Trademarks") displayed on the TPH are the property of the Company or other third parties, as the case may be. The Partner and the Users are not permitted to use the Trademarks without the prior written consent of the Company or such third party which may own the Trademarks. 


10. Privacy

The submission of personal data on the Platform by the Partner and/or the Users, in order to have access to the TPH, is governed by Technicolor’s Privacy Policy, located at https://partnerhub.technicolor.com/privacy-policy  (the “Privacy Policy”).

The Partner and/or the User represent and warrant that, consistent with applicable law, he is free, and to the extent necessary, has received appropriate authorization, to post, transmit, or otherwise make available any personal information provided by the Partner and/or the User on the TPH.


11. Cookies 

A "cookie" is a piece of data stored on your hard drive. The Company may use cookies on the TPH to ease the Users navigation and to analyze the Users use of the TPH, but none of the cookies contain personal data. To configure cookies, please refer to your browser documentation. As a convenience, find below some resources for the most common browsers:

 

12. Links to third party sites 

The TPH may contain links to third party sites. Such linked sites are not under the control of the Company and the Company is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. The Company is providing these links to the Partner and the Users only as a convenience, and the inclusion of any link does not imply endorsement by the Company of the aforesaid site. 


13. Support 

In case of technical problems when trying to access, the User can call the STPP Support Center; the STPP Support Center e-mail address is the following: webmaster@technicolor.com. The Company does not warrant the accuracy or completeness of the support so provided. 


14. Limitation of liability

The Partner acknowledges and agrees that the Company is only willing to provide access to the site and to provide the services if the Partner agrees to certain limitations of Technicolor’s liability to the Partner and to third parties. The Partner understands that to the extent permitted under applicable law, in no event will the Company or its officers, employees, directors, parent companies, subsidiaries, affiliates, or agents be liable for any indirect, - or under applicable local laws, any incidental, special, consequential or exemplary damages - including but not limited to, damages for loss of revenues, profits, goodwill, use, data, lost opportunities, or business interruptions or other intangible losses (even if such parties were advised of, knew of or should have known of the possibility of such damages, and notwithstanding the failure of essential purpose of any limited remedy), arising out of or related to the Partner use of or access to, or the inability to use or to access, the site or the services, regardless of whether such damages are based on contract, tort (including negligence and strict liability), statute or otherwise. The Company will not be liable for any damages arising from the transactions between the Partner and third party merchants, or service providers, or for any information appearing on third party merchant or service provider sites or any other site linked to or by the Company site. In no event will the Company be liable to the Partner or any third party in connection with any act or omission of any user to the Web Site. If the Partner is dissatisfied with any portion of this Web Site or the services, the Partner sole and exclusive remedy is to discontinue use of the site and the services. The Company total liability to the Partner for all claims arising from or related to the site or the services is limited to a maximum, in aggregate, of the lesser of the amount paid to Technicolor or five thousand Euros (Euro 5000). Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for indirect damages. Accordingly, some of the above limitations and disclaimers may not apply to the Partner. To the extent that the Company may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of the Company liability will be the minimum permitted under such applicable law.

Without limiting the foregoing, under no circumstances will the Company or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond the Company’s reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of god, war, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance of third parties.

 

15. General disclaimer 

The TPH and any and all information provided under the TPH as well as any Company's technical support are provided "AS IS" and on an "IS AVAILABLE" basis without any representation or endorsement made and without any warranty of any kind whether express or implied, including but not limited to, the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, completeness, security and accuracy. 

Furthermore, the Company does not warrant that the electronic functions contained in the TPH will be uninterrupted or error free, that defects will be corrected, or that the TPH or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the information available through the TPH. The Company further does not warrant the accuracy or completeness of the hot-line support provided in accordance with Section 13 herein. 

To the fullest extent permitted by law, neither the Company nor any of its affiliates, parent or sister companies, directors, employees or other representatives will be liable for direct, indirect, special, incidental, punitive or consequential damages of any kind including but not limited to loss of use, data, loss of profits, income, business, anticipated savings, reputation as well as financing costs or increase in operating costs or other economic loss arising out of the use or inability to use the TPH or reliance on the information provided and material contained in the TPH. 


16. Applicable law 

This Procedure and all claims or issues regarding the TPH shall be governed by the laws of France, to the exclusion of its conflict of law provisions. The application of the United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980, shall be excluded.


17. Disputes regulation

Any dispute or difference arising out of or concerning this Procedure or the TPH which dispute or difference cannot be settled amicably, within one (1) month, shall be finally settled by the Commercial Courts in Nanterre, France. 
 

18. Miscellaneous

Each provision of this Procedure shall be valid and enforceable to the fullest extent permitted by the applicable law referred to hereinabove. If any provision of this Procedure the application of such provision to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Procedure, or the application of such provision to any persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected by such invalidity or unenforceability. 

No waiver by the Company of any default of the Partner and/or the Users in the performance of any of its (their) obligations hereunder shall be effective unless in writing; nor shall a waiver of a past default be construed as a waiver of any subsequent default. 

 

Registration details and legal entity:

TECHNICOLOR DELIVERY TECHNOLOGIES Société par actions simplifiée (“S.A.S”)

With a capital of 129 750 000 Euros

Registration number: 390 546 059 Nanterre

VAT Number: FR 21 390 546 059

 

Headquarters

1-5 rue Jeanne d’Arc,

92130 Issy les Moulineaux – France

contact us

 

Publication Director 

Eric Adam – Chairman Technicolor Delivery Technologies, S.A.S.

 

Hosting Company

Amazon Web Services, Inc.

1200 12th Avenue South

Suite 1200

Seattle, WA 98144-2734

USA

http://aws.amazon.com/

Phone: 206-266-4064

Fax: 206-266-7010