GENERAL CONDITIONS OF USE AND SALE
EOLEMENTHE© PLATFORM
e-commerce and specific projects
FOR TERMS OF USE PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE EOLEMENTHE© PORTAL. BY USING THIS PORTAL, YOU AGREE TO BE BOUND BY THE TERMS OF THESE TERMS OF USE. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT USE THIS PORTAL AND IN FACT IF THE "ACCEPT" OR "DECLINE" OPTIONS ARE DISPLAYED, CLICK ON "DECLINE".

IMPORTANT NOTE: As this portal can be used to download data, you are only granted access to download data that is not protected by copyright, for which you own the copyright or for which you have the legal authorization to reproduce it. If you are not sure whether you have the right to copy data, it is best to ask a competent person.

The purpose of this web portal is to offer Clients online Services that deal with media content.

DEFINITIONS
Technical Assistance: Service responsible for advising the Customer on the installation and use of its Online Services by providing technical advice or, if necessary, the appropriate documentation.

Purchase Order: means the acceptance of the Quotation by the Customer.

Customer: Natural or legal person, signatory of the general and special contractual conditions of VIDEOMENTHE for any service subscribed to with VIDEOMENTHE, including free of charge.

Account: shall mean the account enabling the Customer to benefit from the Online Services.

Quotation: shall mean, in the context of specific Projects, the document drawn up by VIDEOMENTHE mentioning in detail the Online Services chosen by the Customer on the Eolementhe Portal and its precise financial conditions.

Documentation: VIDEOMENTHE shall provide Customer with a set of tools and documentation.

Data-content: Computer files of any type belonging to the Customer that may be stored via the Online Services and also including personal data within the meaning of European Regulation 2016/679.

Customer ID: means the information enabling the Customer or the User to authenticate himself and access the management interface.

Software: Set of programs, processes, rules and documentation, relating to the operation of the data processing system allowing access to the Service.

Specific project: Services chosen by the Customer and covered by a set of specifications drawn up by the Parties.

Online services: Refers to the services provided by VIDEOMENTHE through a portal via the Internet (the Eolementhe© Web Portal) in accordance with the contract subscribed to by the Customer, whether for a fee or free of charge.

Synchronization: Operation by which the local storage space (computer, telephone, tablet, etc.) and the remote storage space (the Service) are synchronized and brought into line.

User: means any person under the responsibility of the Customer (employee, employee, representative, ...) or any person designated and authorized by the Customer.

ARTICLE 1: PURPOSE AND ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS
The Customer acknowledges that he has verified the suitability of the online Services for his needs and that he has received from VIDEOMENTHE all the information and advice necessary to subscribe to the EOLEMENTHE© service with full knowledge of the facts.

The purpose of these terms and conditions is to define the technical and financial terms and conditions on which the Customer agrees with VIDEOMENTHE.

These general terms and conditions apply to all Customers of the Web site and the Web portal. For the Visitor, access to and use of the Web Portal entails the Visitor's full acceptance of these General Conditions. For e-commerce, the fact that the Customer orders on the Web Portal implies full and complete acceptance of these General Conditions by the Customer, which is expressly recognized by the latter. The Customer acknowledges, by checking a box provided for this purpose, having been informed of the General Conditions and having accepted them before placing an order.

For specific Projects, the fact that the Customer signs the quotation entails unreserved acceptance of these General Conditions of Use and Sale.

Any condition to the contrary, and in particular any general or special condition opposed by the Customer, shall not prevail over the present terms and conditions, unless formally accepted in writing by VIDEOMENTHE, regardless of the time at which it may have been brought to its attention.

For e-commerce, the applicable Terms and Conditions are those in force on the day of the visit or the placing of an order on the Site. These Terms and Conditions may be modified by VIDEOMENTHE, which shall inform the Customers of any such modifications. The new Terms and Conditions shall apply only to orders placed after the modification.

VIDEOMENTHE reserves the right to modify these Terms and Conditions as necessary, depending on the technical development of the Web Portal or its online service offerings, the distribution models put in place and changes in legislation, at its sole discretion.

The use of the Web Portal and the sale of the Online Services to the Customer are always subject to the most recent version of the General Conditions posted on the Web Portal and accessible to the Customer at the time of such use.

ARTICLE 2: EOLEMENTHE© WEB PORTAL
The Web Portal is open to the following territories: worldwide.

In the event that the Web Portal, both in terms of its form and its content, should be considered in whole or in part as illegal under the national law of the place of residence of the Client, it is up to the latter to renounce access to it from this territory or to access it from other territories where it would be deemed legal. Otherwise, Customer shall access the Web site at its own risk and shall bear the consequences of the application of the national law of its place of residence without seeking the liability of VIDEOMENTHE. Access to the Web portal and use of the online Services imply that the Customer has an Internet connection and adequate computer equipment, the costs of which are independent of the online Services offered by VIDEOMENTHE. The Customer shall be personally responsible for its Internet access and the proper functioning of its computer equipment.

Access to the Web portal concerns professional Clients: natural persons or legal entities. The Client may not use the Web Portal in a manner that could harm the image, reputation or activity of VIDEOMENTHE. For natural persons, access to the Web portal is reserved for persons of legal age who have freely given their consent. VIDEOMENTHE reserves the right to request any proof of age from the Customer. The Customer declares, under his sole responsibility, that he is at least 18 years of age on the date the order is placed and that he has full legal capacity to place an order on the Web portal.

For legal entities, access to the Web Portal is reserved for their duly authorized legal representatives who are not subject to a safeguard, recovery or liquidation procedure, nor to a personal bankruptcy or any other prohibition measures.

Access to the Web Portal and its use are reserved for strictly personal use. The Customer undertakes not to use this Web Portal and the information or data contained therein for commercial, political or advertising purposes or for any form of commercial solicitation, including the sending of unsolicited e-mails.

Any breach of these terms and conditions shall entitle VIDEOMENTHE to refuse to sell the online Services to the offender on the Web portal in the future, without prejudice to the possibility for VIDEOMENTHE to take legal action against the offender and to claim damages for the loss suffered.

For the proper management of the Web portal, VIDEOMENTHE may at any time, without incurring any liability and without any reimbursement or reduction of the sale price being possible in this respect:

suspend, interrupt or limit access to all or part of the Web Portal in order to carry out updates, maintenance or improvements
suspend, interrupt or limit access to all or part of the Web Portal for technical reasons or in the event of a computer virus;
reserve access to the Web Portal, or to certain parts of the Web Portal, to a specific category of Internet user;
delete any information that may disrupt the operation of the Web-Portal or that contravenes national or international laws.
ARTICLE 3: PRESENTATION AND DESCRIPTION OF THE ONLINE SERVICES
Eolementhe© is a service platform that includes different functionalities for the processing and/or transfer of data.

The Online Services concern the use of the Eolementhe© web portal, they can be subscribed to directly online (e-commerce) or for more specific services the Customer must contact the VIDEOMENTHE sales department directly: sales@videomenthe.fr tel: +33 4 67 17 41 56.

3.1 For e-commerce
The e-commerce online services concern :

EoleEdit web video editing solution and EoleCCLite, simplified multilingual subtitling solution.

The processing steps include:

Uploading videos to the platform in manual mode through the customer's user account;
Use of the EoleEdit and/or EoleCCLite service;
Retrieving edited video projects and/or subtitle files and videos with embedded subtitles according to the skinning chart chosen by the Client.
For this purpose, VIDEOMENTHE shall provide the Customer with a remote, dematerialized storage facility accessible via the Internet from computer workstations, through which the Customer may upload data to the Web portal. This service is active for a period of one month, renewable by tacit agreement, from the date on which the online Services are made available.

The contract concluded by the Customer is for a single User account.

The monthly number of connections or active users is limited to 1 per month, per pack.

The Customer will receive an email with the order receipt and the number of subscription packs as well as the invoice.

The Customer will be given access rights to the Eolementhe© portal and to the ordered processing blocks.

The Customer shall provide a valid and verified e-mail address that will be used to identify his access to the Eolementhe© portal and for communication between the Customer and VIDEOMENTHE. In the event of an erroneous e-mail address or failure to check the filtering rules, the Customer may not be able to access his account without the responsibility of VIDEOMENTHE. For e-commerce, the service is made available almost instantaneously: the Customer receives an e-mail from Eolementhe to create his password and finalize his access.

The data transiting on the Web Portal will then be deleted at the end of the thirty (30) days of use. The transfer of files to and from the Customer depends on the quality and bandwidth of the Customer's Internet connection.

3.2 For specific projects
For specific projects, the Online Services are described in the attached Specifications which will stipulate exactly the scope of use of Eolementhe by the Customer: functionalities, storage, number of accounts etc.

The number of user accounts is mentioned in the Quote.

The implementation of the platform proposed by VIDEOMENTHE shall be carried out in accordance with the specifications defined subsequently between the Customer and VIDEOMENTHE.

The Customer shall be granted access rights to the Eolementhe© portal and to the processing blocks ordered.

The Customer shall provide a valid and verified e-mail address that will be used to identify his access to the Eolementhe© portal and for communication between the Customer and VIDEOMENTHE.

The Service shall be made available after activation of the customer account by VIDEOMENTHE and within a maximum of 5 working days from the effective receipt of the Customer's order form.

In the event of invalidation of the payment of the said order, in accordance with the conditions stipulated in the quote, access to the online Services shall be terminated automatically and without prior notice.

Upon activation of the Customer's account, the Online Services shall be activated and the storage space shall be automatically allocated to the Customer in accordance with the allocation described later in the Specifications. In the event that the storage space is not sufficient, the Customer undertakes to inform VIDEOMENTHE by e-mail so that VIDEOMENTHE can adapt the Service. The provision of this additional storage space shall be the subject of an amendment to the order form, which shall be signed and sent before the Service is put into operation, which shall take place within a maximum period of 15 working days from receipt of the order form.

The data in transit on the Web Portal will then be deleted at the end of the period mentioned in the specifications. The transfer of files to and from the Customer depends on the quality and bandwidth of the Customer's Internet connection.

3.2 Common Stipulations
The data is hosted on the Eolementhe platform which is on the Microsoft Azure public cloud under Microsoft's own security and availability conditions, which the Customer expressly acknowledges. VIDEOMENTHE shall not be held liable in any way in this respect.

Customer acknowledges that VIDEOMENTHE is the main administrator of the Online Services and shall have administrative rights and access to Customer Data.

Customer is advised that the Internet provides no guarantee of security and VIDEOMENTHE shall not be held liable for the confidentiality and/or integrity of the Data during connections between Customer's equipment and VIDEOMENTHE's servers and/or online Services.

The order may only be recorded if the Customer has previously registered on the Web portal. When registering, the Customer undertakes to complete in good faith all the mandatory fields on the registration form. VIDEOMENTHE reserves the right to refuse a registration request from an individual or a legal entity that does not agree to comply with these General Terms and Conditions or that does not complete the registration form in full or in good faith.

It is expressly agreed that, except in the event of an obvious error on the part of VIDEOMENTHE, the data stored in their information system shall have evidential value with respect to orders placed by the Customer and shall be deemed authentic between the Parties in the event of a dispute. It is the responsibility of each Customer to regularly change the password chosen at the time of registration and to ensure that the password is composed of letters and numbers of sufficient length. The Customer further agrees to notify VIDEOMENTHE immediately in the event of any misuse of its connection parameters or of its Customer account or of any other breach.Orders that have been validated and paid for may not be modified. Any order paid for by the Customer implies acceptance of the prices of the Online Services. Upon activation of the Customer's account, the Online Services are activated and the storage space is automatically allocated to the Customer in accordance with the order.

ARTICLE 4: OBLIGATIONS OF VIDEOMENTHE
VIDEOMENTHE undertakes to take all the care and diligence necessary to provide quality Services in accordance with the practices of the profession and the state of the art.

VIDEOMENTHE shall be liable only for an obligation of means.

VIDEOMENTHE warrants that it has taken all necessary precautions to ensure the compatibility of its service with the compatible equipment required for access to the online Services, but can only warn the Customer of the risks inherent in its Internet connection.

ARTICLE 5: VIDEOMENTHE'S LIABILITY LIMITS
ARTICLE 5-1: LIABILITY
Within the framework of the use of the Online Services, access to the Eolementhe© portal, the processing blocks, and the management of content storage are the responsibility of VIDEOMENTHE in accordance with the Customer's order.

The compensation owed by VIDEOMENTHE in the event of failure of the Online Services resulting from a fault established against it shall correspond to the direct, personal and definite loss linked to the failure in question, to the express exclusion of any indirect damage such as, in particular, commercial loss, loss of orders, damage to brand image, any commercial disturbance whatsoever, loss of profits or of Customers (for example, untimely disclosure of confidential information concerning them as a result of a defect or hacking of the system, action by a third party against the Customer, etc. ).

Article 5-2 : LIMITS OF LIABILITY
In any event, the amount of damages that may be charged to VIDEOMENTHE, if its liability is incurred, shall be limited to the amount of the sums actually paid by Customer to VIDEOMENTHE for the period in question or invoiced to Customer by VIDEOMENTHE or to the amount of the sums corresponding to the price of the service, for the part of the online Services for which VIDEOMENTHE has been held liable. The lower of these amounts shall be taken into account.

VIDEOMENTHE shall not be liable for any unlawful or fraudulent use of the passwords generated by the Customer. The provision of passwords is considered confidential. Any suspected disclosure, whether intentional or not, of the passwords shall be the sole responsibility of the Customer.

VIDEOMENTHE shall not be liable in the event that Customer's use of the online Services results in billing by a third party operator.

VIDEOMENTHE shall not be aware of the nature of the data stored by the Customer. Accordingly, VIDEOMENTHE disclaims any responsibility for data that may be stored, transferred or exchanged through the Online Services. Under no circumstances shall VIDEOMENTHE be held liable for the loss or damage of data of the Customer or of users having access to its storage space. VIDEOMENTHE shall likewise not be liable for the dissemination of data stored by Customer or its authorized users.

VIDEOMENTHE shall not be liable:

If the performance of the contract, or of any obligation incumbent on VIDEOMENTHE hereunder, is prevented, limited or disturbed by reason of a case of force majeure in accordance with Article 1218 of the Civil Code (in particular fire, explosion, failure of transmission networks, collapse of facilities, epidemic, earthquake, flood, power failure, war, embargo, law, injunction, demand or requirement of any government, strike, boycott, withdrawal of authorization of the telecommunication operator, or other circumstances beyond the reasonable control of VIDEOMENTHE).

If the impediment is temporary, performance of the obligation shall be suspended unless the resulting delay justifies termination of this Agreement. If the impediment is definitive, the present contract shall be terminated by operation of law and the Parties shall be released from their obligations under the conditions provided for in Articles 1351 and 1351-1.

The Party noting the event shall immediately inform the other Party in writing of its inability to perform its obligations and shall justify this to the latter. The suspension of obligations shall in no case be a cause of liability for non-performance of the obligation in question, nor shall it lead to the payment of damages or penalties for delay.
However, as soon as the cause of the suspension of their mutual obligations disappears, the Parties shall make every effort to resume normal performance of their contractual obligations as soon as possible.
The party affected by an event of Force Majeure shall keep the other party regularly informed by e-mail of the prognosis for the removal or restoration of this event of Force Majeure.
In such a case, the Parties undertake to seek in good faith any alternative solution.

If the effects of an event of Force Majeure should last for more than 60 days from the notification of the event of Force Majeure to the other party, the contract may be terminated by operation of law at the request of either party, without any right to compensation on either side.

Or due to the Customer or a Third Party, in particular in the following cases

• deterioration of the Software, misuse of the online Services by the Customer or by the Users to whom he has allowed access to his storage space, fault, negligence, omission or failure on his part, non-compliance with the advice given • disclosure or illicit use of the identifiers and passwords created by the Customer, • fault, negligence or omission on the part of a third party over whom VIDEOMENTHE has no power of control or supervision, • request for temporary or permanent interruption of the Services from a competent administrative or judicial authority, or notification from a third party holder of rights • partial or total destruction of the information transmitted or stored as a result of errors attributable directly or indirectly to the Client, • total or partial non-compliance with an obligation and/or failure of the operators of the transport networks to the Internet world and in particular the Customer's access provider(s).

VIDEOMENTHE does not warrant that the Web portal and the Site will meet all of the Customer's requirements and shall not be liable for any direct, incidental or consequential damages or any damages whatsoever resulting from the use or inability to use the Web portal and the Site by the Customer.

VIDEOMENTHE shall not be held liable in the event of a false statement by the Customer. Similarly, VIDEOMENTHE shall not be held liable for any inconvenience or damage inherent in the use of the Internet network, in particular any unavailability or slowdown, a break in service, external intrusion or the presence of computer viruses.

The Customer shall hold VIDEOMENTHE harmless against any claims, complaints and actions that may be brought as a result of the use of the Web site and the Web portal by the Customer that do not comply with the provisions and limits set forth herein.

ARTICLE 6: OBLIGATIONS OF THE CUSTOMER
The Customer undertakes to have the power, authority and capacity necessary for the conclusion and execution of the obligations provided for herein.

For e-commerce
For payments, VIDEOMENTHE uses an online payment platform. This system encrypts all order data (including names, addresses and credit card numbers) so that the information communicated is protected during transmission. It will be necessary to indicate directly in the zone envisaged for this purpose the number of card, its date of validity, as well as the cryptogram of safety located at the back of the card.

For specific projects, payments shall be made by bank transfer, the bank details of which are shown on the invoice, and possibly by cheque.

The Customer undertakes to inform VIDEOMENTHE within 48 hours of any change in its situation, and within 24 hours of any loss of passwords.

The Customer undertakes to clearly formulate any contact with VIDEOMENTHE, in accordance with the usual rules.

The Customer undertakes to comply with all legal and regulatory provisions in force, and in particular those relating to data processing, files, freedoms and intellectual property, as well as the rights of third parties (right to an image, right to privacy, etc.) and shall ensure in this respect that the data stored by itself or by authorized users comply with these provisions.

The Customer also undertakes to take out all necessary insurance with a solvent organization to cover any damage attributable to it under this contract or its performance. Each Party undertakes to maintain these guarantees for the entire duration of this contract and to provide proof thereof at the first request of the other Party. Any modification, suspension or termination of this insurance policy by either Party, for any reason whatsoever, shall be reported to the other Party as soon as possible.

The Customer is also responsible for all activities that take place from his customer account and he remains solely responsible for the consequences of any non-conforming use of his customer account. The Customer agrees to comply with all applicable local, state, national and foreign laws, regulations and treaties, including those concerning the protection of personal data, international communications and the transmission of technical or personal data, files, freedoms and intellectual property as well as the rights of third parties.

ARTICLE 7: CUSTOMER'S RESPONSIBILITY
The Customer is fully and exclusively responsible for the passwords required to use its online Services.

The Customer remains the sole owner of the data and files that it transfers and/or stores on the Online Services.

The Customer assumes full responsibility for the sharing of stored files.

The Customer shall be solely responsible for the consequences of any malfunctioning of the service resulting from any use by the Customer, members of the Customer's entourage or by any person to whom the Customer has provided the password(s), whether intentionally or not. Likewise, the Customer alone shall bear the consequences of the loss of the aforementioned password(s).

The Customer who uses, stores and/or shares content that is contrary to public order or morality, incites racial hatred, is negationist, revisionist, violent, obscene, defamatory, zoophilic, child pornographic, etc., assumes full responsibility for such content of any kind. VIDEOMENTHE shall not be held liable for the dissemination of such content by any means whatsoever.

The Customer guarantees the respect of the commitments taken under the present contract by the Users to whom it allows access to its storage space. Consequently, it assumes full civil and criminal responsibility for the Content, comments and other information appearing on its Content, for third-party claims and actions that they give rise to, in particular, but not exclusively, in terms of intellectual property, personality rights and the protection of minors.

Failure by the Customer to comply with the above points, and in particular any activity likely to give rise to civil and/or criminal liability, shall entitle VIDEOMENTHE to disconnect and/or interrupt the Customer's online Services without delay and without prior notice and to terminate the contract immediately and by operation of law, without prejudice to the right to any damages that VIDEOMENTHE may claim.

The Customer undertakes to pay directly to the author of the claim any amount that the latter may demand from VIDEOMENTHE. In addition, Customer agrees to intervene at the request of VIDEOMENTHE in any proceedings instituted against the latter and to hold VIDEOMENTHE harmless against any judgments that may be handed down against it on this occasion. Consequently, the Customer agrees to be personally responsible for any claim and/or proceedings, regardless of their form, purpose or nature, that may be brought against VIDEOMENTHE and that are related to the obligations of the Customer under this contract.

The Customer undertakes to use an antivirus to scan his computer systems, to make the recommended backup copies of the files and to regularly check that the backups have been carried out correctly.

ARTICLE 8: PUBLICATION OF CONTENT
The Client shall be fully responsible for the Content provided (texts, music, photographs, images, logos, videos) to VIDEOMENTHE. It shall be the owner of this Content provided. The Customer hereby grants VIDEOMENTHE, free of charge, a non-exclusive and non-transferable license to use the Content for the realization of the Specific Projects for the entire world.

In order to benefit from the functionality allowing the publication of its content, the Eolementhe© account must have been activated in accordance with the provisions of Article 3 hereof. The Customer will then be invited to enter his personal information in order to complete his customer ID.

Once this step has been validated, the Customer can communicate the content of his choice to his partners. The Customer alone shall determine the duration of access to said files and shall assume full responsibility for such publication.

VIDEOMENTHE reserves the right to suspend without notice any publication of content that is the subject of a complaint or notification. The same shall apply if it appears that the files made available represent a security risk (malicious files, etc.).

The indexing of content published by third parties is strictly prohibited; VIDEOMENTHE reserves the right to take any technical or legal action required to stop this activity.

With respect to the Customer's content, the Customer declares that it holds all rights and authorisations to use said content. It shall hold VIDEOMENTHE harmless against any claim by a third party to such content.

ARTICLE 9: PERSONAL DATA
The computer files provided by the Customer and all documents of any kind resulting from their processing by VIDEOMENTHE remain the property of the Customer.

The data contained in these media and documents are strictly covered by professional secrecy (Article 226-13 of the French Penal Code). In accordance with articles 34 and 35 of the amended Act of 6 January 1978 relating to data processing, files and liberties, and with the GDPR, VIDEOMENTHE undertakes to take all necessary precautions to preserve the security of the information and, in particular, to prevent it from being distorted, damaged or communicated to unauthorized persons.

VIDEOMENTHE reminds the Customer that, in the context of the online Services, VIDEOMENTHE may be required to keep a set of personal data in order to meet its regulatory and legal obligations. In this respect, information such as surname, first name, postal address, e-mail address, telephone numbers and connection IP addresses shall be kept by VIDEOMENTHE for the entire duration of the contractual relationship and up to twelve months after the expiry of the online Services.

The data transmitted by the Customer shall be kept for the legal time required for the administration of evidence. VIDEOMENTHE shall refrain from disclosing or reselling any personal data relating to the Customer, subject to any provisions to the contrary in the special conditions. Only VIDEOMENTHE subsidiaries may have access to such data.

The Customer also acknowledges that VIDEOMENTHE may be required to communicate this information at the request of administrative, regulatory or judicial authorities.

Furthermore, the Customer is entirely and exclusively responsible for compliance with all the rules resulting from the French Data Protection Act and the RGPD. In this respect, as the person responsible for the processing of personal data that it may be required to process in the context of the use of the online Services, it undertakes to take all appropriate steps and to ensure that the persons concerned are informed.

The Customer is hereby informed that the personal information and data requested from him are necessary for the management and processing of his order and for the commercial relations maintained with VIDEOMENTHE. This information and data are kept to enable VIDEOMENTHE to ensure the proper processing of orders and customer follow-up. VIDEOMENTHE also reserves the right to process this information and data to make targeted offers.

This information and data are intended for use by VIDEOMENTHE and may be processed by service providers acting on behalf of VIDEOMENTHE.

The customer is hereby informed that he has the right to access, oppose, rectify and delete his personal data at any time by contacting VIDEOMENTHE.

To do so, simply make a request by e-mail or by post to the following addresses backoffice@videomenthe.fr VIDEOMENTHE, 650 Rue Louis Lépine 34000 MONTPELLIER

For these requests, the Client shall specify his first and last name or denomination, his e-mail address and his postal address in order to allow his identification and the processing of his requests. Any incomplete request shall not be processed by VIDEOMENTHE.

The Customer acknowledges that he has read the Privacy Policy and the personal data policy, the link to which can be found here: https://www.eolementhe.com/privacy-policy

ARTICLE 10: INTELLECTUAL PROPERTY
With the exception of the information and documents provided by the User for which the User remains solely responsible, all elements appearing on the Site, whether or not they are registered as a trademark or in any other capacity, whether or not they are accompanied by the acronyms ™, ®, or ©, as well as the presentation and content of all texts, comments, titles, photographs, sounds, images, data, drawings, animated sequences with or without sound, videos, illustrations, logos, trademarks, and more generally all information appearing on the Web Portal and the Site as well as the Eolementhe database are the exclusive property of VIDEOMENTHE or its licensors.

Access to the eolementhe.com site and the Web Portal or use of the Eolementhe service does not confer any intellectual property rights on the User in respect of the elements belonging to VIDEOMENTHE or its licensors. The User therefore agrees not to use, reproduce, represent, modify, adapt, translate, copy or distribute all or part of the Eolementhe.com site (including the Eolementhe © database) and the Web portal, regardless of the medium or process used.

Any use not expressly authorised by VIDEOMENTHE is prohibited and may incur the civil and/or criminal liability of its author.

VIDEOMENTHE shall remain the owner of the other intellectual property rights belonging to it prior to their use in the context of the present contract, as well as of any improvements or additions it may make to them during the performance of the present contract. The Customer therefore undertakes not to claim any intellectual property right derived from the present that does not belong to him. The reproduction, representation, use or adaptation, in any form whatsoever and even partial of the elements of which it is not the owner is constitutive of the time limit of counterfeiting and is thus strictly prohibited, which the Customer expressly recognizes.

ARTICLE 11: SECURITY AND CONFIDENTIALITY
VIDEOMENTHE undertakes to implement all measures required to ensure the security of the Customer's Data.

VIDEOMENTHE undertakes to comply absolutely with the following obligations and to ensure that its personnel comply with them, i.e. in particular to :

not to take any copy of the documents and data carriers entrusted to it, except those necessary for the performance of its services, subject of the present contract;
not to use the documents and information processed for purposes other than those specified in this contract;
not to disclose these documents or information to other persons, whether private or public, natural or legal,
to take all measures to avoid any misuse or fraudulent use of computer files during the execution of the contract,
take all measures, particularly physical security measures, to ensure the preservation of the documents and information processed throughout the duration of this contract; and at the end of the contract to proceed with the deletion of all files provided by the Client.
VIDEOMENTHE undertakes to take all technical measures necessary to preserve the confidentiality of the Customer's Data. The stored Data shall be strictly partitioned in such a way that they can only be accessed by the Customer and in no case by another Customer holding an Eolementhe© offer.

VIDEOMENTHE undertakes not to intervene in the Customer's data other than to duplicate the contents of the storage space within the Eolementhe© infrastructure for the sole purpose of guaranteeing the redundancy of the online Services in the event of any interruption and to manage the support.

ARTICLE 12: TECHNICAL ASSISTANCE
VIDEOMENTHE provides the Customer with a technical assistance service via a support ticket platform directly accessible through the Eolementhe web portal or by clicking on the link: https://support.videomenthe.fr/

In addition, VIDEOMENTHE provides the Customer with a technical support service accessible by e-mail: support@videomenthe.fr or by telephone: 04.67.17.41.56, from Monday to Friday from 10:00 a.m. to 6:00 p.m. At the same time, the Customer can consult the Documentation relating to the online Services.

This assistance is included in the Customer's monthly subscription.

ARTICLE 13 : PERFORMANCE, RATE AND PAYMENT
13.1 : Execution of the order
For e-commerce: the provision of the service is almost instantaneous: the Customer receives an e-mail from Eolementhe to create his password and finalize his access.

For specific projects: the Service is made available after activation of the customer account by VIDEOMENTHE and within a maximum of 5 working days from the effective receipt of the Customer's order form.

13.2 : Price list
13.2.1 For e-commerce
The purchase of the Services online will be made on the basis of the scales and rates mentioned on the order page. The applicable prices are therefore those indicated on the Web Portal at the time the Customer validates his order.

The list of online Services via e-commerce is available on the Web Portal (EoleEdit and EoleCClite). The other Eolementhe online services are available by contacting the sales department directly: sales@videomenthe.fr tel: +33 4 67 17 41 56 The Customer chooses the Services online with the quantity, then places the order, pays for the order and VIDEOMENTHE proceeds with the opening of the Services. Payment shall be considered effective when the amounts corresponding to the Service are credited to VIDEOMENTHE's bank account.

VIDEOMENTHE hereby informs the customer, who accepts it, that it may subcontract the performance of all or part of the online Services to a party of its choice; in such a case, VIDEOMENTHE undertakes to include in the commitments it enters into with subcontractors the obligations incumbent on it under this Contract.

VIDEOMENTHE shall remain solely responsible to Customer for the performance of its contractual obligations under this Agreement.

At any time and without prior notice, VIDEOMENTHE reserves the right to change the monthly price of the online Services without affecting orders accepted by VIDEOMENTHE prior to the entry into force of such changes.

13.2.2 For specific Projects
The rates shall be those communicated by VIDEOMENTHE, themselves according to a detailed estimate drawn up and communicated to Customer, and accepted by it.

Unless otherwise stipulated by VIDEOMENTHE, the prices indicated on the order shall be firm and non-revisable, unless agreed by VIDEOMENTHE and formalized either by an amendment to the order form or by a new order form cancelling and replacing the initial document, allowing only invoices at prices different from the initial prices to be issued.

13.2.3 Common stipulations
VIDEOMENTHE reserves the right to pass on, without delay, any new tax or any increase in the rate of existing taxes.

The customer shall be solely responsible for the payment of all sums due under the VIDEOMENTHE online Services.

Prices are indicated in Euros (€) and include all taxes. Prices are subject to the French Value Added Tax (VAT) applicable on the date of the order. The VAT rate applied is the rate in effect at the time the Customer validates his order. The prices will be automatically adjusted in case of change of this rate.

13.3 : Payment
13.3.1 For the e-commerce
Payment is made via an online payment platform, at the time of order confirmation.

Until the moment of payment, the Customer can modify, complete or delete all or part of his order.

The Customer is redirected to a payment page on which he/she enters his/her credit card details by indicating directly in the zone provided for this purpose the card number, its validity date, as well as the security cryptogram located on the back of the card. He then confirms his identity via an SMS code (3D Secure authentication request).

This system encrypts all order data (including names, addresses and credit card numbers) so that the information provided is protected during transmission.

The online provision of the credit card number and the final validation of the order by the Customer will be considered as proof of the completeness of the said order in accordance with articles 1363 and following of the Civil Code and will be considered as the due date of the sums engaged by the order.

This validation is worth signature and express acceptance of all the operations carried out on the Web Portal. The total amount of the order will be debited on the day of the order.

For e-commerce and monthly subscriptions, payment is made automatically every month by credit card via the payment platform.

VIDEOMENTHE therefore has no access to the payments that are made via the online payment platform.

VIDEOMENTHE does not record or retain any information relating to the Customer's payment data communicated on the said payment platform: credit card number, account number, Customer's payment identifier, etc. VIDEOMENTHE only has access to data relating to the Customer: Customer's e-mail address, order reference, transaction date, amount, etc.

In the event of fraudulent use of its bank card, the Customer is invited, as soon as it is noticed, to contact VIDEOMENTHE at the following e-mail address backoffice@videomenthe.fr

13.3.2 For specific projects
The payment term is mentioned in the Quotation signed by the Customer.

The payment is made by bank transfer or possibly by check at the time of the signature of the estimate and the general conditions.

The Customer has the possibility to pay by check provided that it comes from a bank located on the French territory, by Cash Mandate, by Administrative Mandate or by International Mandate.

It is up to the Customer to choose the method of payment adapted to the service ordered and its execution time.

By bank check:
The latter, corresponding to the total amount of the order, shall be sent within the period mentioned in the Quotation signed by the Customer as of the confirmation of the order by e-mail, to VIDEOMENTHE, 650 Rue Louis Lépine 34000 MONTPELLIER, specifying the order number appearing in the order confirmation e-mail. In the absence of full payment within this period, the Customer's order shall be cancelled.

In the event of an unpaid check, the Customer will be responsible for any costs incurred as a result of the rejection of a bad check.

By bank transfer:
The latter corresponding to the total amount of the order. The payment deadline is mentioned in the Quotation signed by the Customer.

The Customer must specify his order number in reference to this transfer. Any bank charges related to the transfer are to be borne entirely by the Customer.

By express agreement and unless a postponement is requested in time and granted by VIDEOMENTHE in a specific and written manner, total or partial non-payment by the due date of any sum due under the contract shall automatically and without prior notice result in

the immediate payment of all sums remaining due by the Client under the contract, regardless of the method of payment provided for ;
the suspension of all current online Services, regardless of their nature, without prejudice to VIDEOMENTHE's right to terminate the contract;
the impossibility of subscribing to new online Services or renewing them.
Also, in the event of late payment, penalties calculated from the date of payment as specified in the invoice may automatically and by right be owed by the Customer to VIDEOMENTHE without any formality or prior notice and shall result in the immediate payment of all sums owed to VIDEOMENTHE by the Customer, without prejudice to any other action that VIDEOMENTHE may be entitled to take against the Customer in this respect. The amount of these penalties shall be equal to 10%. The basis for calculating these late payment penalties shall be the amount of the invoice price including VAT. In addition to the late payment penalties, in accordance with Article L.441-10, II of the French Commercial Code, the Customer in default of payment shall automatically owe VIDEOMENTHE a fixed indemnity for collection costs of at least €40. When the collection costs incurred exceed the amount of this fixed indemnity, VIDEOMENTHE may request additional compensation, upon justification.

Any disagreement concerning the invoicing and the nature of the online Services shall be expressed by e-mail to the address shown on the VIDEOMENTHE site within one month of the issue of the order form.

In the event that VIDEOMENTHE incurs expenses, it shall inform the Customer thereof and provide him with the receipts and the corresponding invoice. The Customer shall then pay the amount due in euros.

13.4 : Duration
For e-commerce, the Service is subscribed for a period of one month renewable by tacit agreement unless terminated by the Customer from his online Customer account.

For specific Projects, the online Services are subscribed for a duration mentioned in the Quotation signed by the Customer.

13.5 : Renewal of services for specific Projects
VIDEOMENTHE shall notify the Customer by e-mail (e-mail address to be kept up to date, under the Customer's responsibility) of the next expiration of the online Services.

VIDEOMENTHE undertakes to send at least two reminders by e-mail before the expiry of the service.

At the end of the initial period and in the absence of renewal by the Customer, the Data shall be managed in accordance with the specifications established between the Customer and VIDEOMENTHE. The Data may be transferred, stored or deleted. If the Data is deleted, it shall be done so within 10 days of the expiration or termination of this contract.

It is therefore the responsibility of the Customer to take all necessary measures to ensure the recovery of its Data or those of authorized users.

Any failure to pay or irregular payment, i.e., in an erroneous or incomplete amount, or without the required references, or made by a means or procedure not accepted by VIDEOMENTHE, shall be purely and simply disregarded and shall result in the rejection by VIDEOMENTHE of the registration or renewal request.

In the case of a renewal paid by cheque, it is the Customer's responsibility to request the renewal with a minimum of 7 working days' notice so that the cheque is effectively received and cashed by VIDEOMENTHE before the expiry of the online Services.

ARTICLE 14: TERMINATION, LIMITATION AND SUSPENSION OF SERVICE
14.1 The contract is terminated by operation of law at its expiration date.

14.2 Either party may terminate the contract by operation of law and without indemnity in the event of force majeure lasting more than 60 days.

14.3 The contract shall be terminated by operation of law and without notice in the event of the Customer's failure to comply with an essential obligation hereunder.

14.4 In all other cases of breach by either party of any of its obligations under the contract not remedied within 15 working days of receipt of a registered letter with acknowledgement of receipt sent by the complaining party notifying the breaches in question, the contract shall be terminated by operation of law, without prejudice to any damages which may be claimed from the defaulting party.

The date of notification of the letter containing the breaches in question shall be the date of the postmark on the first presentation of the registered letter with acknowledgement of receipt.

14.5 VIDEOMENTHE reserves the right to interrupt Customer's online Service if such Service constitutes a danger to the continued security or stability of the VIDEOMENTHE hosting platform. Where possible, VIDEOMENTHE shall inform Customer in advance.

If necessary, VIDEOMENTHE reserves the right to interrupt the online Service to carry out a technical intervention, to improve its operation or for any maintenance operation.

ARTICLE 15: OPERATING CONDITIONS
The Customer hereby acknowledges that fluctuations in bandwidth and the vagaries of the Internet access provider(s) are elements that may cause discontinuity in the online Services offered by VIDEOMENTHE, and that are external to its technical means.

In addition, the service shall be restricted, limited or suspended as of right by VIDEOMENTHE :

if it appears that the Customer is using the online Services provided to him for any activity that does not comply with these terms and conditions;
if VIDEOMENTHE receives a notice to this effect from a competent administrative, arbitral or judicial authority, in accordance with the appropriate applicable laws, or from a third party, if the reported character appears to be unlawful or of such a nature as to engage the liability of VIDEOMENTHE ;
if the contact information indicated in the Customer Account appears to be false, inaccurate or not up to date.
ARTICLE 16: CUSTOMER INFORMATION AND SUITABILITY OF ONLINE SERVICES
The Customer acknowledges that he has verified the suitability of the Online Services for his needs and that he has received from VIDEOMENTHE all the information and advice he required to enter into this agreement with full knowledge of the facts.

The Customer acknowledges that it has been informed that VIDEOMENTHE may carry out checks to verify the compliance of the use made by the Customer of the online Services and, in this connection, to verify the nature of the Data transferred, stored or exchanged by the Customer.

In this event, if inappropriate content is identified by VIDEOMENTHE, the Customer's online Services shall be immediately suspended and terminated by operation of law, without recourse to any compensation of any kind.

If VIDEOMENTHE is required, in the context of the Online Services, to take any protective measures required for the management of its infrastructure, it is the Customer's responsibility to take all necessary measures to safeguard its data or that of users authorized to access its storage space in the event of loss, alteration or deterioration of the data entrusted to it, from any cause whatsoever, including those not expressly referred to herein. VIDEOMENTHE reserves the right to monitor compliance with the conditions of use of the service.

The Customer acknowledges having been informed that VIDEOMENTHE may carry out maintenance operations on the Eolementhe© infrastructure. VIDEOMENTHE undertakes to inform the Customer in advance of the nature and duration of any unavailability of the Service in the event of a routine maintenance operation.

Wherever possible, VIDEOMENTHE shall endeavour to limit the duration and disruption caused by such operations.

The Customer acknowledges that it has been informed that VIDEOMENTHE reserves the right to take any measure to limit the service in order to ensure the continuity of the Infrastructure, including, but not limited to, limiting the bandwidth, interrupting uploads and downloads, etc.

The Client acknowledges that it has been informed that all costs that may be incurred for the recovery of data shall be borne exclusively by the Client.

ARTICLE 17: TOLERANCE
The fact that VIDEOMENTHE does not avail itself at a given time of any of the present terms and conditions and/or tolerates a breach by the other party of any of the obligations referred to in the present terms and conditions may not be interpreted as a waiver by VIDEOMENTHE of its right to avail itself of any of the said terms and conditions at a later date.

ARTICLE 18: GENERAL PROVISIONS
18.1 Severability
The invalidity of any of the clauses of the contract signed with VIDEOMENTHE, in particular in application of a law, a regulation or following a decision of a competent Court that has become final, shall not entail the invalidity of the other clauses of the contract, which shall retain their full effect and scope.

In this case, the parties shall replace the invalidated provision with a valid provision corresponding to the spirit and purpose of the Contractual Terms and Conditions, as far as possible.

18.2 Headings
The headings of the articles of the Contractual Conditions are for ease of reference only and do not in themselves have any contractual value or special meaning.

18.3 Communications
For any exchange of information by electronic mail, the date and time of the VIDEOMENTHE server shall be taken as proof between the Parties. This information shall be kept by VIDEOMENTHE for the entire period of the contractual relations.

All formal notices provided for in the General Terms and Conditions shall be deemed to have been validly delivered if they are sent by registered letter with acknowledgement of receipt to

For VIDEOMENTHE: 650 rue Louis Lépine 34000 MONTPELLIER / email: backoffice@videomenthe.fr
For the Customer: at the postal and/or e-mail address that he has provided to VIDEOMENTHE.
All notifications and communications provided for in the General Terms and Conditions shall be deemed to have been validly delivered if they are sent by simple letter or by e-mail to

For VIDEOMENTHE: 650 rue Louis Lépine 34000 MONTPELLIER / email: backoffice@videomenthe.fr
For the Customer: at the postal and/or e-mail address that he has provided to VIDEOMENTHE.
ARTICLE 19 : ATTRIBUTION OF COMPETENCE
IN THE EVENT OF A DISPUTE ARISING FROM THE VALIDITY, INTERPRETATION, EXECUTION, OR TERMINATION OF THE PRESENT TERMS, THEIR CONSEQUENCES AND THEIR CONSEQUENCES AND AFTER AN ATTEMPT TO FIND AN AMICABLE SOLUTION WHICH HAS NOT BEEN SUCCESSFUL WITHIN THIRTY (30) DAYS FROM THE WRITTEN REQUEST BY ONE OF THE PARTIES TO RESOLVE THE SAID DISPUTE AMICABLY, THE DISPUTE WILL BE THE EXCLUSIVE COMPETENCE OF THE COMMERCIAL COURT OF MONTPELLIER, NOTWITHSTANDING THE CASES OF PLURALITY OF DEFENDANTS OR APPEAL IN GUARANTEE, AND EVEN IN THE EVENT OF REFEREE OR ON REQUEST.

ARTICLE 20 : APPLICABLE LAW AND LANGUAGES
The present contract is governed by French law. It is so for the rules of substance as for the rules of form, excluding, on the one hand, the rules of conflict provided by the French law, and on the other hand, the provisions of the French law which would be contrary to the present Contract. The present contract is written in French.