1. PUBLISHER INFORMATION

1.1 Publisher

CELLFISH – a French company registered under the number 420 919 904 / VAT Registration n° FR47 420919904, with headquarters at 43-45, avenue Victor Hugo – Parc des Portes de Paris – 93534 Aubervilliers Cedex, FRANCE (the "Publisher").
Publishing Director Mr. N.dHueppe.

Publisher offers access to a pay video channels streaming service (Hereafter referred to as the “Service”).

1.2 Hosting : AKAMAI TECHNOLOGIES - 121 Av. des Champs-Élysées, 75008 Paris – France.

1.3 Customer Service Contact Information

e-mail [email protected]
mail CELLFISH
Service Client
BP 60270 AUBERVILLIERS
93534 LA PLAINE SAINT DENIS CEDEX
FRANCE
phone +33 (0)9.75.18.22.08

2. SERVICE AND ACCEPTANCE

2.1 The pay Service offered by Publisher is available via the application WATCH IT! and at the following address http://www.watch-it.tv. The Service allows subscribers to obtain unlimited access to a streaming video offer accessible via Internet 24h/24h from a compatible mobile phone which can play streaming videos or from a tablet or from a personal computer.

2.2 Acceptation. By subscribing the Service, you certify that you are over 18 years of age and that you accept the present Terms of Use.

2.3 Payment. The payment of the Service price is only possible by the various means set out in Article 3.2.3. In particular it can intervene, as appropriate, on the invoice of the mobile operator (Internet micropayment solution called “Internet+ Mobile”) or on the internet service provider's invoice (ISP) (Internet micropayment solution called “Internet Box+) of the subscriber. Services are governed by the ethics charters developed by the french association of mobile multimedia (AFMM - www.afmm.fr) which monitors their compliance by the editors of services using the aforementioned micropayment solutions.

The payment transactions referred to in Article 3.2.3 are governed by the terms and conditions agreed between the user and his payment method provider (mobile operator, ISP, Paypal, Payment and/or credit card). Users of the service as such are encouraged to refer to these terms and conditions.

2.4 Changes. The Publisher reserves the right at any time to modify these Terms of the Service. Subscribers will be notified by the Publisher in case of change.

2.5 Minors. Access to the Service is only permitted for adults. Minors are allowed to use the Services provided that they have first obtained permission from their parents (or the person exercising parental authority). As legal guardians, it is the parents’ responsibility to look after the use of their mobile phone by their children. Any subscription to a Service by a minor implies he or she has obtained this prior authorization.

The Publisher may ask for any proof at any time.

Use of the Service is allowed only within the family circle. Therefore, usage outside of this framework, and particularly for broadcasting in public places, is expressly prohibited.

3. SERVICE DELIVERY

3.1 Service access

Service access will be subject to payment as indicated in article 3.2.

When applicable, pricing and payment conditions are brought to user’s knowledge before subscription, on the Service home page or on any other communication support used by Publisher and will be a complement to the present Terms of Use.
Publisher reserves the right to practice free trial periods.

Technical requirements:

In order to be able to use the Service, the end-user needs a high speed internet connection and a compatible device as indicated below.

The Service is available on the following devices:

- on personal computers (Windows, Mac OS, Linux) by using a compatible internet browser (Firefox, chrome, Explorer) ;

- on tablets using one of the following operating systems : iOS, Widows mobile or Android (Kindle Fire is not compatible with the Service) and its native internet browser ;

- on smartphones using one of the following operating systems : iOS, Widows mobile or Android and on which streaming video is supported.

We invite users to control the compatibility of their device before subscribing to the Service.

Data usage: Any data usage incurred through use of the Service is the user’s responsibility for. Please contact your mobile network operator if you have any doubt regarding the amount of mobile data that is or is not included in your plan.

Service failures due to non respect of the present Terms of Use and/or improper configuration of the user’s device or to its incompatibility with the Service, or by any Network Operator or any other third party responsibility failures, will not be subject to any refund by the Publisher.

3.2 Service Subscription

In order to use and to subscribe to the Service, the end-user must follow the steps below:

3.2.1 In order to access the Service, a user which has subscribed to the Service shall go on the website www.whatch-it.tv via his compatible device and complete his user ID and password. A user can also access the Service by opening WATCH IT! application after having downloaded and installed it on his device.

3.2.2 Upon the first use of the service, the user is invited to subscribe to it. In order to subscribe the user must be able to use one of the following payment methods on his device:

- Payments charged by your mobile network operator (either by adding the charges to your monthly invoice or by deducting the charges from your prepaid mobile credit) or by your internet access provider (IAP);

- Payments via user’s account on Google Play or on Apple App Store (where user must have deliver information regarding its credit card);

-Payments via credit card;

-Payments via Paypal account.

3.2.3 User can subscribe to the service via one of the following possibilities (subject to availability on the Service):

- Payment charged by your mobile network operator: the Subscription will be charged to your mobile network operator account either by adding the charges to your monthly invoice or by deducting the charges from your prepaid mobile credit and will provide unlimited access to the Service for the duration of the subscription;

- Payment charged by your internet access provider (IAP): the Subscription will be charged to your internet access provider account by adding the charges to your monthly invoice and will provide unlimited access to the Service for the duration of the subscription;

-Payment charged by the stores which distribute the WATCHIT! Application (Google Play Store, Apple App Store, etc): the Subscription will be subscribed under the terms implemented by the considered store and its price will be directly debited from your bank account stated by you to the considered store;

- Payment charged by a credit and/or payment card: the Subscription will be subscribed under the terms indicated in the Service and its price will be directly debited from your bank account;

- Payment charged by a Paypal account: the Subscription will be subscribed under the terms indicated by Paypal and its price will be charged to your Paypal account.

All the payments realized via one of these above mentioned possibilities are subject to T&C of the corresponding service (Google Play, App Store, mobile network operator, IAP, banks, etc) which have been accepted by the user.

3.2.4 User is invited to create an account on the Service by providing a valid email, a password. User can also use Google or Facebook connect. In that case informations provided by the user to the social network will be transmitted to Publisher I order to proceed with identification on the Service.

3.2.5. According to the article L119-19-2 of the Consumer French Code, a subscription to the Service will be subject to confirmation message sent by the publisher to the subscriber by email when the email address is used to login during the subscription to the service. In other cases, to do this, the subscriber will have to go to "Recevoir ma confirmation de commande" in the section Info Service and enter their email into the appropriate field. The subscriber is obliged to provide a personal and valid email address. Otherwise, the Publisher shall not be held responsible for the lack of delivery of the order confirmation.

This message contains the information listed in Article L121-17 of the Consumer French Code and these Terms of the Service.

3.3 Service use

Once subscription validated and user identification confirmed, user gets immediate access to the Service.

The subscribing user can get access alternatively to the Service via various terminals with the same user account. Nevertheless the service will not be available simultaneously on several terminals via the same user account.

3.4 Termination of subscription:

WARNING: the uninstall of WATCH IT! application on user device or the fact to delete the Service's Shortcut icon on user’s terminal will not terminate the subscription to the service. In order to terminate his subscription the user must respect the following process.

3.4.1 User can terminate its subscription at any time from the section “My Account” (or similar) in the “settings” menu of the Service.

3.4.2 Considering the possibility indicated in article 3.2.3 and used by user to subscribe to the Service, the following termination possibilities are also available:

- Payment charged by your mobile network operator: User can terminate its subscription at any time from the section “My purchases” (or similar) in the customer area (or similar) provided by the mobile operator of the user;

- Payment charged by your internet access provider (IAP): User can terminate its subscription at any time from the section “My purchases” (or similar) in the customer area (or similar) provided by the IAP of the user;

- Payment charged by the stores which distribute the WATCHIT! Application (Google Play Store, Apple App Store, etc): User can terminate its subscription at any time from the store page which proposes the Service;

- Payment charged by a payment and/or credit card: User can terminate its subscription at any time as described by its bank;

- Payment charged by a Paypal account: User can terminate its subscription at any time as described by the Paypal payment service.

3.4.3 The Service is a subscription upon an indivisible period basis.

The Service subscription is automatically renewed on the last day of the period unless user has terminated his subscription to the Service before the last day of the running period.

Such termination will be effective at the end of the period in progress, with no right to any refund (even partial).

Publisher reserves the right to end the Service subscription at its will.

4. RIGHT TO RETRACT

4.1 No withdrawal right

The Service offers dematerialized contents and its delivery to the user is immediately executed.

Consequently, following the article L121-21-8-13° of the Consumer French Code, the Service is not subject to the 14 days cancellation period.

User has been informed and has accepted to waive his right to cancel during the subscription course when the user has subscribed to the Service.

As provided by article L121-19-2 of the Consumer French Code, the waiving the right of withdrawal and acceptance of the immediate execution of the Service will be subject of a confirmation in the e-mail sent to the user as mentioned in article 3.2.5.

4.2 Duration

Publisher offers subscriptions to the offers of the Service for a duration indicated in the offers.

Publisher may propose from time to time temporary trial offers, for various durations. Unless otherwise stated, those trial offers are subject to the Terms of the Service and are limited to a unique entry per user (same IP address or same email) regardless the applicable trial offer. In case of no termination before the end of trial offer as described in section 3.4, the subscription is automatically renewed at the price stated in the offer.

4.3 Renewal

Unless terminated by users pursuant to the terms of article 3.4, running subscriptions to the Service and/or to options are automatically renewed for the same term as initially subscribed.

In case of renewal, the price applicable on the date of the initial subscription will be applied to the user. Any price increase shall be subject to user’s prior approval.

Unless otherwise stated in the advertisements and unless terminated by users pursuant to the terms of article 3.4, trial offers are automatically transformed into subscription at the price and for the duration stated in the offers.

5. PERSONAL DATA AND PRIVACY

5.1 Information. Unless the user directly provides to Publisher (email or mobile phone number), the Publisher does not hold mobile phone number, or the name, or the contact informations of the user. This personal data is anonymized by telecom operators for the purposes of transactions relating to the Service.

Pursuant to the French Data Protection Act, users of the Service are informed that the personal data they provide are necessary for the performance and the provision of the Service or to provide users with relevant informations or recommendations regarding the Service.

These informations and data are stored on Publisher’s servers located in France. These personal data are used exclusively by the Editor, and possibly its partners subject to the consent of users.
Pursuant to the French Data Protection Act, the Service has been declared to the Computing and Freedom National Commission (CNIL) under the filling number 1301429.

5.2 Users’ rights. According to French Data Protection Act, Publisher hereby informs users of their rights of access, correction and deletion of their personal data. These rights may be exercised by contacting Publisher as indicated in article 1.3.

5.3 Promotional use. Users are informed and accept that Publisher is entitled by law to send them, in reasonable number; advertising messages for its services, mainly by email, SMS or notification, provided their email or mobile phone number has been transferred to Publisher for this purpose or provided the user has purchased a paid services. Users may request Publisher to stop receiving such advertising messages either by written request sent to Publisher’s email or post mail contacts, by sending the keyword STOP by SMS to the transmitting short SMS number for advertising message by SMS, by opting out from the Unsubscribe link in an advertising email, or by deactivating the notification features inside the Watch It! application, if existing.

5.4 Cookies: www.watch-it.tv website and the associated pages only use authentication and session cookies, to the exclusion of all advertising cookie or tracer. Nevertheless, the Editor informs users that these sites may use cookies audience measurement.

6. USERS STATEMENT AND LIABILITY

6.1 The Publisher declines any responsibility in the event of false or erroneous statements by the users.

6.2 Users represent being aware of the characteristics and limits of mobile and internet telecommunication networks, and acknowledge that:

- the technical reliability of data transmission on mobile and landline telephone networks is limited, as these are heterogeneous networks with diverse technical characteristics and capacities that may be saturated or unavailable during certain times of the day;

- the equipment with which users sign in and uses the Service is under their entire responsibility, and the Publisher will not be responsible for any damage that could happen to their device, or to third parties, resulting from using the Service, or resulting from non-authorized use of its terminal by a third party.

6.3 The Publisher shall not be held liable by users for one or several of the above-mentioned events or acts

6.4 Users having subscribed to the Service acknowledge and accept that the digital records collected and stored by Publisher and/or its partners will be considered as evidence of communications, orders, approvals and payments occurred between users and Publisher. These records are deemed to be authentic information between users and Publisher, unless for subscribed users to provide written evidence to the contrary.

Users accessing the Service acknowledge that they are forbidden:

- to extract or attempt to extract the content of the Service, in particular the audiovisual programs that compose it.

- to copy, permanently store, sell, transmit, transfer copies, propose, provide, rent or give for free the content of the Service, in whole or part, or any other element composing the Service.

- to publish, online or offline, or to distribute any image, sound, file, graphic, animation or any other component of the Service or its contents.

- to engage any public representation or exploitation of any component of the Service or its contents.

- to impair Publisher’s databases.

- to gain access or maintain access fraudulently in the computer systems of the Publisher or its subcontractors.

7. INTELLECTUAL PROPERTY

7.1 Service and all of its components, notably videos, and other content made available by Publisher are protected by international intellectual property laws.

User is not allowed to impair Publisher’s intellectual property rights pertaining to the distribution of Service or its components as examples, shall not directly or indirectly redistribute, decompile, reverse engineer, modify in any manner whatsoever, or breach the integrity or security of this Service or the content of the Service.

In case of breach, user’s liability may be invoked.

7.2 Videos provided in the Service have all been licensed by the copyright owners for the benefit of the Publisher.

8. AVAILABILITY, CONTINUITY, AND EVOLUTION OF THE SERVICE

8.1 Services offered by Publisher are available to users 24 hours a day, 7 days a week, except in case of maintenance operations by the Publisher and/or the telecommunications operators, or in the case of disruption due to the telecommunications networks, or in cases of force majeure.

8.2 The Publisher reserves the right to develop the Service, to modify its various aspects, or remove them without any restriction or prior warning whatsoever. In the same way, the Publisher reserves the right to modify the rates schedule applicable to the Service, subject to any possible rights that the users have acquired in the scope of the Services that have effectively been paid for at the modification date. These modifications may be made without prior notice and without compensation from the Publisher.

9. CANCELLATION

The Publisher reserves the right to cancel this Service agreement, without formalities and with full entitlement, without compensation or right to reimbursement, in case of breach of these Terms of Use.
Users are entitled to terminate this agreement at any time by following the instructions indicated in article 3.3.

10. MISCELLANEOUS

10.1 Updating of the Terms of Use: The Publisher will regularly update the terms of the present Conditions of Use in order to incorporate legal, regulatory, and jurisprudential evolutions, as well as evolutions in the service.

10.2 Complaints: The user should make any complaint and/or dispute with respect to the Publisher within a maximum of six months following the event that triggered their complaint, or else lose this right. Complaints must be submitted in writing to CELLFISH - Service Client- BP 60270 AUBERVILLIERS 93534 LA PLAINE SAINT DENIS CEDEX, FRANCE, or to [email protected].

10.3 Service disruption: The Publisher reserves the right to temporarily suspend service or certain functions without prior notice, without this non-availability of service resulting in any compensation whatsoever.

10.4 Force Majeure: The parties will neither be held responsible, nor considered as having failed to respect the present Conditions of Use, for any delay or non-execution, in the event that the cause of the delay or non-execution is related to a case of Force Majeure as defined by the jurisprudence, including non-availability of equipment, supply, parts, personal or other equipment, and electrical or other disturbances, disruption, suspension, and reduction, and any telecommunications network disruptions.

10.5 Law and jurisdiction: The present contract is governed by the local law applicable in the country where the end-user is eligible to subscribe the Service. Any litigation in connection with the validity, interpretation or execution of this agreement will be subject to local courts in accordance with mandatory laws regarding litigations between professionals and customers.

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