GENERAL TERMS AND CONDITIONS OF SALE AND USE
When ticking the empty box specifying “By ticking this box you confirm you've read the General Terms and Conditions and our Confidentiality Policy, and you consent to them without any reserve”; the User acknowledges and accepts these General Terms and Conditions (hereinafter “the Conditions”) and the Confidentiality Policy applicable to the Website.
1. The User and the Client expressly agree that the access to the Website/Software is granted by MELUSYN under the Conditions as provided herein and accordingly to the terms and conditions provided in the quotation signed by the Client. This access consists in a non-exclusive, non-transferable and non-sublicensable licence. This license is concluded for the duration agreed with MELUSYN, and only for the geographical area specified in the quotation.
The licence of the Website/Software is personally granted. Thus, the User and the Client shall not give access nor communicate their login or password related to the Website/Software to any third party.
2. Unless it is proven by the Client or the User that MELUSYN has committed a major fault in the performance of its obligation of means, MELUSYN shall not be held liable, under any circumstances, for the loss of content or data provided by the Client or the User.
MELUSYN shall not be held liable for any act or fact committed by or resulting from a third-party provider, which is in charge of providing the services described herein.
3. Any advice or information, given in writing or orally to the Client or the User by MELUSYN or during the use of the Website/Software, shall not be considered as guarantees non-expressly contained in the Conditions. In such situation, the Client and/or the User may not invoke the herein provisions.WARNING: the information contained in the present reminders are only a very short version of the Conditions. For a full comprehension of these Conditions, the Client and/or the User shall read carefully the whole General Terms and Conditions of Sale and Use before accepting them.
Client: designates any physical person over the age of majority or a moral person who consents to an offer/a subscription to access the Website and Software in the framework of an audio-visual Project with a team management, as defined hereinafter.
Personal Account: designates the set of personal data related to a Client or an User, including but not limited to his Logins which are necessary to access the services provided by the Website/Software.
Logins: designate the name, surname, email address, password or confidential code chosen by the Client or the User allowing them to access the Website/Software through their Personal Account.
Registration: designates the online registration procedure that must be carried out by the Client or the User in order to access the Website’s and Software’s services.
Software: designates MELUSYN’s software made available by MELUSYN to the Client, which can authorize one of several User(s) to access the software. The software can be accessed on the internet or on the mobile application named “SETKEEPER” whose purpose is to facilitate the team work and management of audio-visual Projects (as this term is defined hereinafter), such as movies, TV-series, documentaries etc.
Trial period: designates the period of time during which the Client and the authorized Users can use the Website and Software for free, once they have followed the registration procedure.
Project: designates every pre-production or audio-visual production, and more generally, every audio-visual project of a Client.
Website: designates MELUSYN’s website accessible from the link https://melusyn.com/ and/or https://setkeeper.com/ including all the services provided by MELUSYN and the Software accessible on the internet or on the mobile application named “SETKEEPER”.
User: designates a physical person over the age of majority or a moral person, authorized by the Client to access the Website and/or Software in the framework of a Project. This User holds a Personal Account on the Website/Software. It is stated that the User is authorized by the Client to access and use the Website/Software, but does not subscribe to them.
Recipient: designates a physical person over the age of majority or a moral personal who can access to some documents related to a Project (in an email or by downloading) without holding a Personal Account. The Recipient does not have access to any other functionalities of the Website/Software.
MELUSYN is a simplified-stock company with a capital of 9.025,60 euros, registered at the Pontoise Trade and Companies Register, under the number 79086526500017, whose headquarters are located in Cergy (95000) Avenue Bernard Hirsch - BP 50105 (hereinafter called “MELUSYN”).
MELUSYN offers to access to its software called “Setkeeper” which allows Clients to manage its productions and projects by using a browser (the Software).
The purpose of these Conditions is to set the terms in which the Software edited by MELUSYN is made available to the Client.
These Conditions apply to each User authorized by the Client to access the Website and/or the Software.
Any access to the Website and/or any use of the Software requires the acceptance and the unconditional compliance with these Conditions.
If the Client does not consent to all or some of the herein Conditions, the Client must waive access the Website and the Software.
At any time, MELUSYN can unilaterally decide to modify, without prior notice, the Conditions in order to comply with any new regulation or jurisprudence, or in order to adapt its services to technical and editorial evolutions.
When a Client/a User continues to use MELUSYN’s services after the modification of these General Terms and Conditions of Sale and Use, these persons will be considered to have accepted these modifications.
The version which is accessible online prevails.
It is however specified that the version applicable to the subscription of a Client and its Users is the version which was into force at the date of the subscription. Each new subscription leads the acceptance of these Conditions.
MELUSYN offers different types of paid subscriptions and also complementary services to these subscriptions (antivirus, telephone support etc.).
These offers may evolve at MELUSYN’s discretion. In such case, the new offers shall not automatically apply to the Clients whose subscriptions were concluded before the date of the modifications.
These Conditions apply to any offer and service provided by MELUSYN.
3. Client’s and User’s Rights and Obligations
Anyone can visit the free-access pages of the Website/Software, such as the home page for example.
When using our Website/Software, the Client and the User shall comply with the regulations. The Client and the User shall not post any discriminatory, racist, xenophobic, anti-Semitic, insulting, violent or pornographic comments or more generally, any content contrary to public order and good moral standards on the Website/Software, including the Project page. This obligation is valid in all situations.
In order to subscribe to the services provided by the Website, including the Software edited by MELUSYN, the Client must get in touch with MELUSYN by email or on the phone. MELUSYN will ask the Client to provide some information required to open a Personal Account.
Then, MELUSYN will create the Client’s Personal Account and send him a confirmation of this creation by email.
The Client will have access to his Personal Account with his Logins and accordingly to the instructions provided by MELUSYN.
As usually required by security rules, the Logins, and especially the password, are chosen by the person who holds the Personal Account.
Upon request from the Clients, MELUSYN can set up a specific password policy. In this case, the rules specifically set up for the Client will be adopted in writing and applied.
It is stated that the Clients and the Users can modify their password at any time, by following the procedures specified on the Website/Software.
The Client and/or the User is aware that entering a wrong password several times in a row may block the Personal Account. In that case, the Client and/or the User can contact MELUSYN by email: firstname.lastname@example.org to unblock the Personal Account.
The Client must be a physical person over the age of majority or a moral person registered at the Trade and Companies Register and have the legal capacity to subscribe to MELUSYN’S services, which are accessible by creating a Personal Account.
The Users must as well have the legal capacity to create a Personal Account on the Website/Software in the same conditions than those described above.
Once registered and after the subscription to one of our paid subscription, the Client can give access to one or several Users to the Website and/or to the Software, in respect with the terms indicated on the Website/Software. The authorized Users must at least provide the mandatory information required to register and create a Personal Account. The Users can also register via an account managed by an accepted SSO authentication provider).
The Users create their Personal Account directly on the Website/Software without the intermediary of MELUSYN. The Users can access their Personal Account by using their Logins or an accepted SSO authentication provider. The information provided by the Users must be complete, local and updated.
The Users expressly acknowledge and agree that the Clients may require from them to create a Personal Account on the Website/Software via an accepted SSO authentication provider.
If the Client deletes the option for the Users to connect via the SSO service, the Users would be prevented from accessing the Project concerned from their Personal Account.
By exception, the Recipients can access or download documents accessible through the Website/Software related to a Project, without holding a Personal Account, and excluding any other functionality of the Website/Software.
In such a case, the Clients and/or Users who gave Recipient access to these documents are solely and fully liable for all the consequences which may occur from the transmission or the use of the documents concerned.
With the subscription, the Client accesses the Website and/or the Software as part of the one and only Project mentioned by the Client during the subscription procedure.
If the Client wants to access the Website and/or the Software for several Projects, they must subscribe to one specific offer for each Project, except for special offers, combined offers or separate commercial offers which allow the Client and Users concerned to have access to several Projects.
The access to the Project is strictly limited to the Client and the Users for whom the subscription was made, under terms and conditions agreed between the Parties.
The authorization of access given by the Client to a User is valid in the specific contractual terms and conditions agreed on between MELUSYN and the Client (signed quotation).
In the event that the Client wants to give the User access to several Projects through MELUSYN’s Software, the Client must give the User an individual authorization for each Project.
The User acknowledges that the Client can grant or remove authorization at its own discretion. If an authorization is revoked by the Client, the User will not be able to access the Project anymore via his Personal Account.
The User acknowledges that, in such an event, MELUSYN shall not be held liable. The Client is solely and fully responsible for granting or removing authorizations.
The provisions provided by Article 3.1 above are valid whether the Personal Account is created by the Client or by Users with a Login and a password, or with an accepted SSO authentication provider.
The User shall not exceed the scope of the authorization given by the Client regarding the use of the Website/Software.
The User declares being well aware that his access to the Website/Software depends on the Client’s compliance with all provisions provided by these Conditions.
Therefore, the suspension or deletion of the Client’s subscription to MELUSYN, for any reason, for one or several Projects, would automatically lead the suspension or deletion of the User access to this Project.
The User and the Client are committed to comply with these Conditions.
MELUSYN shall not be held liable for content posted by the User or the Client. Both of them are solely and fully liable towards third parties for such content.
The User’s and Client’s Logins for the Website/Software are strictly personal. Thus, the User and the Client are solely and fully liable for any use of their Personal Account whatsoever.
In any circumstances, MELUSYN shall not be held liable for any damage caused by the communication or loss by the Client or User of their Logins.
In such circumstances, the User and the Client must inform MELUSYN without delay, by sending an email to the following address: email@example.com.
This email is necessary for MELUSYN to take appropriate measures to resolve the situation. For example, MELUSYN could cancel the Logins/password and/or provide new Logins/ password.
The User and the Client shall not modify, or try to modify, copy, translate, adapt, arrange, reproduce, separate, disassemble or decompile, in any manner, the Website or the Software they have access to.
The Software cannot be lent, rented, sold, commercialized, made available or used for the benefit of a third party, in any manner, with or without charge, without the prior and written consent of MELUSYN.
The User and the Client are solely liable for the content they post online or communicate to Receipients or third parties.
More generally, the User and the Client shall not behave nor make comments that could be considered illegal or contrary to public order and any third parties' rights.
The User and the Client are solely and fully liable for the proper functioning of their computer equipment used to access the Website and/or Software.
The User and the Client are also fully liable for the protection of their computer equipment against any virus attack or intrusion attempt etc.
The Client and the Users shall not use nor set a robot or any other automatic mean to access the Website/Software. More generally, they shall not attempt to damage or jeopardize the functioning of MELUSYN or the functioning of the Website/Software.
The content and information posted by the Clients and the Users must be free of virus, Trojans horses, bugs, bombs or any other malicious mean/tool intended to damage, affect, intercept or block the Website/Software’s system, and/or data or information broadcasted on them.
The User and the Client must use the Website and the Software in accordance with the purpose of these Conditions, namely the team Project management.
It is strictly forbidden for the Client and the User to use the Website/Software for other purposes than for team Project management for which the subscription was purchased.
During the Trial period, the use of the Website and/or Software is free. At the end of the Trial period, the Client will pay for the subscription to use of the Website and/or Software.
Apart from special offers, combined or separate commercial offers, the paid subscription only gives access the Website/Software for one (1) Project, for which information has been provided by the Client to MELUSYN during the subscription procedure.
The duration of the Trial period is indicated in the quotation agreed upon between the Client and MELUSYN. This duration varies according to the type of Project for which the Client wants to subscribe to the Website/Software.
Unless otherwise specified, the Trial period lasts 15 (fifteen) days from the date of the subscription.
The Trial period runs from the subscription of a new Project on the Website and/or Software, the duration of which is specified by MELUSYN in the quotation given to the Client when he/she fills the information form.
This Trial Period is without obligation to subscribe to MELUSYN’s services.
When registering and/or subscribing to a new Project, the Client is informed of the amount corresponding to the offer for the particular subscription and payable at the end of the Trial Period, in the currency chosen by the Client (euros or dollars), with the applicable VTA rate, if appropriate.
The legal provisions of the article 262, l1e of the French Taxation Code regarding valued tax exemption, apply to export outside EU. The provisions of Article 242 nonies A l13° of the same Code, apply to intra-Community operations (self-liquidation).
This step is required for the Client to access the Website and/or the Software, and therefore make the Trial period start.
It is agreed that during the Trial period, the Client’s bank account will not be debited.
At the end of the Trial period and unless the Client has not declared its will not to subscribe to MELUSYN’s services, an invoice will be issued by MELUSYN.
The Client recognizes and accepts to pay the due amount for the use of the Website/Software upon reception of the invoice, by banking transfer or by other means specified in the invoice.
An external contractor selected by MELUSYN according to security standards is in charge of payment security.
The detail of the payment and of the subscription will be summarized in the quotation accepted by the Client as well as in the invoice.
If the Client decides not to subscribe to a chargeable offer for a Project at the end of the Trial period, its Logins and password will be invalidated. The Client will then not be granted access to the Website and Software, anymore.
As a consequence, if the Client has granted access to one or several Users to the Website/Software during the Trial period and finally decided not to subscribe to MELUSYN’s services, the User’s logins will be invalidated for the Project concerned and they will not be able to access this Project anymore.
In addition to the basic subscription, the Client can also subscribe to some chargeable options, such as anti-virus and strengthened security set-up. These options are specified in the quotation accepted by the Client.
Upon request sent to firstname.lastname@example.org, the Client can decide during the Trial period to end the Registration process to the Website and Software. This termination will not have any retroactive effect.
The termination will immediately take effect from the reception by MELUSYN of the Client’s/User’s request.
After the end of the Trial period, the Client cannot cancel its registration to the Website and Software. The Client acknowledges and expressly agrees that its registration will remain valid for the duration of the subscription specified in the quotation it accepted.
The Client and the User are solely and fully liable regarding the verification of any incompatibility, dysfunction, or any other technical problem that may occur between the Website and/or Software and their computer equipment.
The Client and the Users can upload documents (especially, but not limited to, videos and photos) related to the Project shared on the Website/Software. These elements must comply with the technical conditions set by MELUSYN in order to be uploaded properly.
MELUSYN shall not be held liable for any delay, quality or deficiency of the internet connexion to access the Website/Software.
MELUSYN cannot be considered liable for any act or fact resulting from a third-party provider which is in charge of providing the services described herein.
In such a case, the User and/or the Client undertake to report their claims and complaints directly to this third-party provider, if appropriate.
MELUSYN will not be held responsible in the event of misuse, disloyalty, fraud or any other delictual fault or offence committed by a User during the use of our Website.
When registering online with the Website/Software, the Client and the User undertake to provide true, accurate and updated information about their identity. In the event of any modification, the Client and the User must update their information without delay.
The Clients and the Users are made aware that Article 226-4-1 of the French Penal Code states that usurping or using a third party’s identity or identification elements of any nature, with the purpose of affecting his/her tranquillity, his/her honour or reputation, is an offence punished by a fine of up to 15.000 euros and one-year imprisonment.
The Client or the User noting such facts on the Website/Software must immediately inform MELUSYN at the following email address: email@example.com or firstname.lastname@example.org
The Client and the User are solely responsible for the use of their Personal Account, such as the protection of their Logins and passwords. They are also solely liable for any identity theft, loss, misappropriation or any unauthorized use of Logins and/or Personal Account and all resulting consequences.
In any such case as mentioned above, the Client or the User must inform MELUSYN by sending an email to email@example.com or firstname.lastname@example.org, without delay. The Client or the User shall indicate his/her name, surname, postal code and town, birthdate, telephone number, and the email address used for his/her Personal Account. This information is necessary for MELUSYN to take the appropriate measures to solve the situation, and immediately cancel and/or update the Logins and/or password concerned.
Any abusive use of this reporting procedure is likely to fall to the responsibility of the person who abuses it.
The use of the Website/Software is prohibited to minors and persons who do not have the full capacity to enter into contracts, or who do not have an express and non-equivocal authorization from a tutor or curator.
The Users/Clients whose Personal Account has been suspended or deleted by MELUSYN for the reason and the duration indicated by MELUSYN to the Client and/or User, are not allowed to use their Personal Account, according to the provisions provided herein.
In the event of any obvious illicit behaviour or violation of these Conditions, and/or any violation of the quotation concluded between the Client and MELUSYN, and/or any violation of any other legal obligation, MELUSYN can immediately suspend or delete the Client’s or User’s Personal Account, without delay nor any indemnification.
In such a situation, MELUSYN can deny access to the Client/User concerned, temporary or permanently, for all or part of the Website/Software.
MELUSYN will inform the Client or the User by email, indicating the reason of such a decision and the duration of the suspension of the Personal Account, if it is temporary.
MELUSYN reserves the right to sue the User and/or the Client before competent authorities for any misuse of the Website/Software.
For all purposes, it is specified that the suspension or closure of a Client’s Personal Account for one or several Projects automatically leads to the suspension or closure of the Users’ Personal Accounts authorized by the Client. Indeed, the access given to the Users is directly linked to the authorization given by the Client.
4. MELUSYN’s rights and obligations
The Client and/or the User acknowledge that their use of the Website/Software is done solely at their own risks.
MELUSYN undertakes to do its best to enable a full and optimum use of the Website and Software by the User and the Client. MELUSYN endeavours to provide a 24hours/7days access to the Website/Software, subject to the provisions of Article 6 of the herein Conditions.
The purpose of the Software edited by the Website, is the publication online by the Clients and Users of their contents in order to proceed to the team management of their Projects.
MELUSYN is also committed to do its best, within the limits of its technical, financial and human resources, to guarantee the confidentiality of the Clients and Users Logins and contents published on the Website/Software, subject to their compliance with Article 3.2 of these Conditions. This commitment does not constitute any obligation of result.
Unless provided by otherwise in the herein Conditions, MELUSYN shall not claim any reproduction/ adaptation/ communication/ utilization/ exploitation right on the contents published on the Website and/or Software by its Clients and Users.
The contents published by them remain their own and exclusive property and fall under their sole responsibility, subject to the provisions of Article 5 of the herein Conditions.
MELUSYN shall not, in any circumstances, be held responsible for the publishing or the nature of the contents.
However, the Client and the User declare to be perfectly aware of the characteristics and the constraints of information systems (internet, software, applications etc.).
The User and the Client acknowledge that it is impossible for MELUSYN to guarantee that data and contents provided by them on the Website or the Software are completely secure.
MELUSYN can only ensure that it uses every financial, technical and human means at its disposal to guarantee the security of the data and the contents, within the limits of its capacities.
In particular, MELUSYN shall not be held responsible in the case of the hacking of the entire Website/Software or some part of it, nor for the damages caused by such hacking to the Client and the User or to a third party.
The Website and the Software are equipped with the technology required at the moment to allow their access and use.
MELUSYN cannot exclude the presence of potential viruses or any other harmful elements introduced by a third party or by any other means that may damage the computing systems of the User or the Client.
MELUSYN does not filter the contents published by the Clients and the Users prior to their publication on the Website/Software. Therefore, MELUSYN will not, under any circumstances, be held responsible for the publishing or the nature of these contents.
Indeed, regarding the contents freely published on the Website/Software, MELUSYN shall only assume the responsibility of a technical intermediary, such as defined by the Article 6.I.2 of the French Law on Digital Economy dated June 21st 2004 n°2004-575.
As a consequence, MELUSYN shall delete all documents which would be reported in the terms and conditions provided by the Article 6-1 of the above mentioned French Law on Digital Economy.
If the report does not meet the legal requirements provided by the above-mentioned article, MELUSYN will not be held responsible for having maintained the reported content online.
In addition, upon a third-party request or on MELUSYN’s own initiative, MELUSYN reserves the right to promptly delete without any delay nor indemnification, any illegal content, especially any content contrary to the legal provisions that could affect third parties’ rights.
Unless it is caused by MELUSYN’s own gross misconduct, MELUSYN shall not be held responsible for any reason for any loss of content or data published by the Client or the User. MELUSYN, being held by an obligation of means, any serious fault committed by MELUSYN must be proven; neither shall MELUSYN be held responsible for any act or fact committed by an external contractor in charge of the provisions of the services described herein.
In that case, the User and/or the Client shall make their claims directly to the external contractors concerned.
In addition, unless stated otherwise by the law, MELUSYN shall not be held responsible for any direct or indirect damages such as, but not limited to, profit loss, customer loss, data loss, intangible assets, that may occur due to the use or the impossible use of the Software or the Website, and more generally, due to any event related to the Software or the Website.
Furthermore, no oral or written advice nor information obtained from MELUSYN by the Client or the User or during the use of the Software or the Website, shall be considered as guarantees non-expressly provided in the herein Conditions. In such a situation, the Client and/or the User concerned cannot invoke the herein provisions.
Besides, MELUSYN shall not be held liable for any incompatibility, dysfunction or any other technical problems, between the Website/Software and the computer equipment of the Client and/or the User.
In the event of a violation of these Conditions, MELUSYN will have the right to suspend or terminate the Client/User’s Personal Account, without any delay nor indemnification, and deny them access, temporary or permanently, to all or part of the Website/Software.
At its own discretion and at any moment, MELUSYN can unilaterally decide, temporarily or irrevocably, to modify/remove/limit/suspend the configuration of the Website/Software, the services, or the access to these services, without any prior notice.
In case where MELUSYN’s liability is involved on any legal ground or/action, it is expressly agreed upon, that MELUSYN will be liable for the direct damages only.
Therefore, any indirect, consecutive or secondary damages, such as commercial nuisance, or customer loss etc, will not be repaired by MELUSYN to the Client or the User.
MELUSYN shall not access the Client’s or the User’s Personal Account nor the information related to the Project, in any case. By exception, the Client can authorize MELUSYN to access these information, related to one or several Projects by inviting it as an User on the Projects concerned.
MELUSYN shall not be held liable for the extraction, reproduction, representation, and more generally, for any use of the information/documents accessible via the Website/Software, no matter what the Project is and what-ever the Client/User or any other person’s access granted to a document of a Project concerned.
The User and/or the Client are fully aware that they are solely responsible for the entire possible consequences resulting from such activities.
MELUSYN shall treat as strictly confidential all information related to the Project of which it could be aware. Therefore, MELUSYN shall:
- treat and consider as confidential any general and specific information (commercial, financial, strategic etc.) provided by the Client and/or the User on the Website/Software or brought to MELUSYN’s knowledge during the execution of the herein Conditions;
- not communicate to third parties all or part of these data and information;
- keep these information and data strictly confidential with the same confidentiality level as for MELUSYN’s own confidential information.
MELUSYN undertakes that the same obligations of confidentiality will be applied to each and every of its staff member.
This obligation of confidentiality does not apply to freely accessible information or data provided to MELUSYN, or information and data that may fall into the public domain without the intervention of MELUSYN or its staff.
Any other communication or use of confidential information related to the Project(s) requires the prior written consent of the Client who holds the information.
5. Intellectual Property
The whole Website and Software are the exclusive property of MELUSYN company. This property includes, but is not limited to, the trademark “SETKEEPER”, registered with the National Trademark Office (INPI) and with the European Union Intellectual Property Office (EUIPO), its derivate versions, the logos, the graphic charter, the layout, the information, the presentation and the content of the Website and/or the Software,
No reproduction or representation, even partially, of the Website and/or Software or their elements, such as, but not limited to, the trademarks, the logos, the graphic charter, the layout, the information, the presentation and the content of the Website and/or the Software, is allowed without the prior written consent of MELUSYN.
The User and the Client shall not reproduce, use or imitate, in any way, all or part of the contents protected by intellectual property rights, without a prior express authorization of the intellectual property rights holders or beneficiaries.
The registration on the Website does not result in any sort of intellectual property rights transfer at the benefit of the Client and/or the User.
The User and the Client shall use the Website/Software:
- In respect with its purpose, as defined by these Conditions;
- In respect with the copyright legislations;
- Without using any robot or automatized means to access and use the contents of the Project concerned;
- Without attempting to damage the Website/Software;
- Without trying to copy, reproduce, or give access to or broadcast all or parts of it, to non-authorized third parties.
The User and the Client acknowledge that access to the Website/Software granted by MELUSYN, in these terms and conditions and also as provided in the quotation signed by the Client, consists in a non-exclusive licence for the duration and the geographic area indicated in the quote. Sub-licensing or the transfer of the license is not permitted.
This licence is personally granted. Thus, the User and the Client shall not communicate their Logins or password related to their Personal Account on the Website/Software to any third party.
Unless agreed upon otherwise by MELUSYN, the Clients expressly declare that they have the full exercise of the necessary rights and authorizations about the contents uploaded or published on the Website/Software.
Then, the Clients fully guarantee MELUSYN against any action related to these contents. The provisions of the Article 3 of these Conditions apply.
Any use of the Website’s and/or Software’s elements without the prior and written consent of MELUSYN, may constitute an intellectual property infringement and/or an unfair act or an act of parasitic competition, punished by civil and penal laws.
By accepting these Conditions, the Clients and the Users guarantee that they have the full exercise of the necessary rights and authorizations required to publish/upload the information, documents (including, but not limited to, the videos, scenarios, photos…) on the Website/Software. These rights include, but are not limited to, the entire intellectual property rights on the documents and elements published online, as well as all individual rights of every person appearing on the photos (image rights, voice etc.).
The Client and the User acknowledge and expressly agree that MELUSYN is allowed to create one or several databases containing all or part of the information, documents published on the Website/Software or metadata related to these elements.
Thus, the Client and the User expressly grant MELUSYN a free-of-charge right to incorporate all the documents/elements into the databases, by using any process, format, technical means or material. This right is granted for the whole world and during the whole duration of the legal protection of the rights concerned.
MELUSYN is entitled to exploit these databases at its own discretion, in respect with the eventual existing rights on the elements incorporated. The rights granted by the Clients/Users do not create any obligation for MELUSYN to exploit these databases.
The Client and the User declare that they hold all the rights and authorizations required to grant to MELUSYN the right to incorporate these elements into the databases it created.
6. Personal Data
The Client’s and the User’s acceptance of the herein Conditions automatically leads to their acceptance of the Confidentiality Policy, which are part of these Conditions, without any reserve. The Confidentiality Policy is accessible by sending an email to email@example.com.
7. Closure or suspension of the Website or Software access
A temporary suspension of the access of all or parts of the Website or the Software may occur for maintenance or updating purposes, or for any other reason.
MELUSYN has the right to end its services or substantially modify their features at any moment and without prior notice nor indemnification for the Client or the User.
Under any circumstances, MELUSYN shall not be held liable for the commercial, technical, financial or judicial consequences which could result from the interruption of the Website or the Software, or any other fact related to the utilisation of its services.
8. Commercial reference and citation of MELUSYN in the end credits of the Project
8.1 COMMERCIAL REFERENCE
MELUSYN is expressly authorized to quote the name of the Project and/or the Client’s name (production, director, producer, year of production, country of production) as a commercial reference, in case of use of the Website or the Software by the Client and/or the User for a period beyond 45 (forty-five) days including the Trial period.
The Client authorizes MELUSYN to quote the name of the Project under any form, any format, on every material, known or unknown, for the whole world, without duration limit, especially for (but not limited to): Press, Books, Professional Trade Fairs, Exhibitions, Advertising, Competitions, MELUSYN’s Website, Social Networks (such as Facebook, Twitter…).
In the same conditions as mentioned above, MELUSYN is expressly authorized to use the official posters of the Project available on the Website IMDB or any other database accessible to the customer.
MELUSYN undertakes not to exploit the quotes and the names in a way that may affect the private life or the reputation of the User or the Client. Moreover, MELUSYN undertakes not to use these information in any racist, pornographic or xenophobic way or materials or for any other prejudicial exploitation.
The Client is fully aware that the exploitation of the rights mentioned in these Conditions is granted on a free basis.
The Client can oppose to the citation of its Project by sending a written request to firstname.lastname@example.org or email@example.com within 45 (fourty-five) days following the creation of the Project on the Website or the Software.
8.2 CITATION OF MELUSYN IN END CREDITS
When a Client or a User uses our Website/Software for more than 45 (fourty-five) days including the Trial period, the Client commits to mention the name of SETKEEPER as a “Technical Provider” in the end credits of the Project (cinema distribution, TV broadcast, DVD, Bluray, VOD, SVOD).
The mention of SETKEEPER will not be required in the event of truncated version or absence of end credits.
Furthermore, in the event of the utilisation of the Website or the Software for more than 45 (fourty-five) days including the Trial period, SETKEEPER will be referred to by the Client or by MELUSYN itself on the professional databases (such as IMDB, etc).
In the latter situation, the Client will have the right to oppose to the mention of MELUSYN on these databases, by sending a written email to firstname.lastname@example.org or support@setkeeper.Com within 3 (three) months following the expiration of the Trial period.
In the absence of any objection within the above-mentioned delay, the Client will loose entitlement to oppose the mention of MELUSYN. The Client expressly acknowledges and agrees with this point.
9. Access to the Website and the Software at the expiration of the subscription
The Clients and the Users can access the Website and the Software by using their password and Logins during the whole duration indicated in the quotation accepted by the Client.
In the absence of such indication, the duration of the access is twelve (12) months starting from the first day of the Trial period.
The Clients and the Users will have access to all data posted online and stored on through the Software for the purpose of the Project.
At the expiration of the period above mentioned in point 9.1, the data related to the Project will not be accessible anymore, unless specifically requested by the Client by email. Additional fees will be charged for this option.
The Client must determine the Users entitled to access the data related to the Project. The access authorization of the Users can be removed at any time by the Client, without any justification. The Client is solely responsible for the decision to remove a User’s authorization. Therefore, MELUSYN shall not be held responsible.
When the subscription is terminated, for whichever reason, the Client can send a written request to email@example.com or by letter with acknowledgment of receipt, in order to retrieve the data provided for the Project (except if this retrieval was convened between the Client and MELUSYN at the Client’s subscription). Unless specified otherwise in the quotation, additional fees to the Client will apply for this.
The following data can be retrieved:
- Export of all the “media” data (pictures, videos and documents), compressed as “zip” and classified in files according to the organization used by the Client during the Project (one file for each sheet or form created in the Website/Software);
- Export of all the technical data (such as contact details, technical and artistic information, GPS addresses…) under Microsoft Excel format (one file for each sheet or form created in the Website and/or the Software);
- Export of all the information related to the Client’s partners (physical persons), (one consolidated Excel file for each partner registered on the Website/Software).
It is agreed upon that the possibility to retrieve these data mentioned above is exclusively reserved to the Clients whose subscription has lasted for at least three (3) consecutive months, excluding the Trial period.
This option must be requested by the Client within the 60 (sixty) days following the end of the subscription.
MELUSYN commits to provide these elements to the Client, by any means, within thirty (30) days following the acceptance of the additional invoice charged for this option.
If the retrieval of the data was included in the quotation signed by the Client, the thirty day count to provide the retrieved data begins upon reception date of the request.
MELUSYN guarantees to retrieve from the Client’s Personal Account all the data asked by the Client.
However, MELUSYN cannot guarantee the compatibility of the data transferred to the Client with the software used by the Client, its contractors, providers etc; unless they are using standards software existing at the day of the request and used by the Client in their latest version (such as Word, Excel, PowerPoint, JPEG, PNG).
MELUSYN does not guarantee the compatibility of the files provided to the Client with electronic devices, computer equipment and IT systems of the Client.
The data provided to MELUSYN are unformatted. They can be provided in a compressed format. They are not displayed nor named in the same way as on the Website and/or the Software.
In the absence of retrieval request from the Client in the terms and conditions as mentioned above, MELUSYN will have the right, at its own discretion, to delete or keep the data for a period of time of twelve (12) months after the end of the Client’s subscription, in particular for technical or statistical purposes.
If the Client asked for the retrieval of its data in the conditions mentioned above, MELUSYN will still be allowed to keep these data, for statistical or technical purposes, for a period of twelve (12) months starting from the end of the Client’s subscription.
Regardless the expiration of the duration mentioned above, the Article 5.5 of the herein Conditions remains applicable.
10. Update of the Website and/or the Software
10.1 MINOR UPDATES
In order to provide good quality services and to allow an optimum utilization of the Website/Software, MELUSYN regularly updates the Website/Software.
“Updates” means every minor improvement that can be possibly made on the Website/Software, including the improvements of the user interface and user experience.
MELUSYN decides, at its own discretion, the frequency of these updates.
Minor updates such as the amelioration or creation of a service and/or an information will not necessarily be reported to the Client or the User.
The Client and the User will see themselves when they will connect to Website/Software the detail of the information and/or the services.
Each and every Client/User will automatically benefit from these updates in the same terms and conditions as the one prescribed for the existing Website/Software, as soon as they are integrated into the Website/Software. The Clients and Users expressly acknowledge and accept this point.
10.2 MAJOR UPDATES
MELUSYN can decide to upgrade the Website/Software by adding one or new features, or by creating new functionalities or by improving an existing functionality.
The Client and/or the User can ask MELUSYN for a prior notification of these major updates of the Website and/or the Software, by sending an email to the following address: firstname.lastname@example.org.
This notification cannot be sent more than ten (10) calendar days before the effective update.
In all cases, all Clients and Users will automatically benefit from these major updates, in the same terms and conditions of the existing Website/Software, as soon as they are integrated into the Website/Software. The Clients and Users expressly acknowledge and accept this point.
11. Website and Software continuity
11.1 MAINTENANCE OF THE WEBSITE/SOFTWARE
MELUSYN commits to do its best to maintain the Website/Software continuously operative.
Nevertheless, the Client and the User are fully aware that anomalies, incidents or dysfunctions may occur.
In such event, the Clients/Users must inform MELUSYN without delay at the following address: email@example.com
MELUSYN’s intervention will depend on the gravity of the incident, according to the following conditions:
|Level of severity||Initial response time||Delay within which the incident is solved by MELUSYN|
|Blocking anomaly: anomaly which prevents the exploitation of the Website/Software by all the Clients and Users, and results in the impossible access to the ongoing Projects and to the MELUSYN’s services.||2 Working Hours||6 Working Hours|
|Troublesome anomaly: anomaly highly affecting the exploitation of the Website/Software for a large portion of the Clients/Users, especially in the event of standard computer bug. This anomaly takes the form of an error or an unexpected reaction which causes an unexpected or a wrong result during the utilization of the services.||2 Working Hours||10 Working Hours|
|Non-blocking anomaly: anomaly which results in the partial loss of a not essential service or component without substantially impacting the activity or impacting a very small portion of Clients/Users. The essential functionalities and services offered by MELUSYN remain operative.||24 Working Hours||36 Working Hours|
Assuming that MELUSYN notices by itself the existence of a possible dysfunction of the Website/Software, the delays to solve these incidents do not vary.
The response times or intervention time are intended only as examples.
MELUSYN shall not be held liable for exceeding the indicated delays, unless provided otherwise in the quotation accepted by the Client, or unless the Client and/or the User prove MELUSYN’s fault.
In the event of a technical problem, or during maintenance operations, MELUSYN may need to close down all or parts of the Website/Software. MELUSYN will do its best to inform the Clients and Users by the available means.
In such situation, MELUSYN will take all necessary measures, within its technical financial and humans means, to limit the suspension periods, which are however accepted by the Client and the User.
11.2 LEVEL OF SERVICE
MELUSYN guarantees a 97% accessibility and availability rate to its Website/Software, per year (civil year).
MELUSYN will do its best efforts to comply with this rate.
This level of service constitutes for MELUSYN an obligation of means. Therefore, unless MELUSYN’s non-compliance is proven, MELUSYN shall not be held responsible.
12. Data security
As provided above, MELUSYN is committed to provide the means at its disposal to ensure the security of the data, documents and more generally, all information provided by the Users and the Clients on the Website/Software for a Project.
This obligation is an obligation of means.
In order to comply with this obligation, MELUSYN uses specific technologies from web hosting companies (Microsoft and Amazon).
Therefore, no data is being kept at MELUSYN’s offices.
In the event of dysfunction or hacking, MELUSYN will inform the Clients and the Users by email, as soon as possible.
In the event of a loss of data related to one or several Project(s) or Personal Account(s) of the Clients and Users, the latter will be informed that MELUSYN’s database can be restored via a secured connexion.
For further information on MELUSYN’s security policy, please send an email to firstname.lastname@example.org
In addition to its initial subscription, the Client can choose several chargeable options, such as anti-virus protection, which is a strengthened security option, detailed in the quotation accepted by the Client. The financial conditions of this option are specified on the Website when the Client places the order.
If the Client chooses to subscribe to this option, MELUSYN will set up an anti-virus system for the Client’s access to the Website/Software and data related to the Project(s).
MELUSYN will do its best efforts to provide an efficient antivirus, it being specified that such obligation is an obligation of means.
13. Data storage
The Client and the User acknowledge that MELUSYN shall not, under all circumstances, be held responsible for the creation, modification, suppression or absence of reception, emission, transmission or storage of data from Clients and Users. These events fall under the fully and solely liability of the Clients and the Users.
The same goes for the dysfunction of the Website/Software caused by the utilisation of the Client or the User.
The Clients and the Users guarantee MELUSYN against any claim or action from any physical or moral person regarding the contents published online.
14. Equitable utilization of the Website/Software
Unless otherwis provided in the quotation agreed upon in writing by the Client in the subscription, the policy regarding equitable utilization applies to each and every service available on the Website and/or Software. This policy defines the limits of a reasonable utilization of the Website/Software.
The utilisation of all services available on the Website and/or the Software is limited for each Client according to the following criteria:
- Maximum cumulative capacity of the available storage for each Project and for all Users: 250 Go;
- Maximum cumulative capacity of imported videos, per Project and for all Users (excluding “Dailies” options and external websites such as YouTube, Dailymotion, Vimeo): 500 minutes;
- Quota of shared bandwidth of data consumption, per Project and for all Users, including consultation or downloading/uploading modes: 500 Go per Project;
- Utilisation of the Website and/or Software is limited to the country where the Client is localized (headquarters or other offices subscribing to our services).
If a Client exceeds these criteria, MELUSYN shall not be held responsible for any dysfunction or difficulty in using the Website/Software.
This situation applies in addition to the other situations for which MELUSYN cannot be held responsible for, in application of the herein Conditions.
The Clients and the Users are committed to use the Website/Software accordingly to standard and professional practices of the sector concerned.
15. Entirety of the agreement – Non-waiver
The herein Conditions, the legal mentions of the Website, the Confidentiality Policy, and the quotation(s) mentioning the specific conditions of the Client’s subscription, and all the obligations of the parties, are intended to be the agreement in its entirety, excluding any other document or contract.
These different documents apply all together at the same time. However, in the event of contradiction between the quotation and the herein Conditions or Confidentiality Policy, the terms of the quotation shall prevail.
The fact for MELUSYN not to take advantage of a negligence or misconduct of the Client/User regarding their legal or contractual obligations shall not be interpreted as a waiver to later exercise its rights.
16. Applicable legislation and language of the herein Conditions
The herein Conditions are subjected to French law. In the event of a cancellation of one or several clause(s) of the herein Conditions, the other provisions shall remain in effect.
In the event of any dispute regarding the herein Conditions, the jurisdictions of Paris (France) will be solely competent, unless mandatory statutory regulations to the contrary exist. The original version of the herein Conditions was initially written in the French language. For all purposes, it is specified that the French version shall prevail.Update date and date of entry into force of the herein Conditions: April 20th 2018
Update date of the herein Conditions: 26.01.2016
Date of entry into force of the herein Conditions: 18.09.2014
The sites www.melusyn.com, www.setkeeper.com, www.reperages.melusyn.com, www.app.setkeeper.com and app.setkeeper.com are edited by Melusyn:
Company registered with Corporate and Trade Register
79086526500017 of Pontoise (France)
European VAT number : FR57790865265
D-U-N-S® Number : 26 482 8902
Avenue Bernard Hirsch
95000 Cergy (France)
This site is hosted on Amazon Web Service (AWS) platform and Microsoft Azure :
Amazon Web Services, Inc.
P.O. Box 81226
Seattle, WA 98108-1226
Microsoft Ireland Operations Limited,
Atrium Block B,
Sandyford Industrial Estate,
Dublin 18, Ireland
This site and the Setkeeper apps are registered with the French National Commission, Registration Number 1753810
The above information equally impact all sub-area and sub-domains of setkeeper.com or melusyn.com
The Setkeeper and Melusyn names and the Setkeeper and Melusyn logos are registered trademarks of Melusyn SAS.
PERSONAL DATA POLICY
The definitions included in the General Terms and Conditions apply to this Confidentiality Policy.
When visiting our Website or subscribing to our Website services, your visit will be subject to the General Terms and Conditions and the Confidentiality Policy.
This Confidentiality Policy and the General Terms and Conditions both apply to the Website, which can be accessed from the following link https://setkeeper.com/ or https://app.setkeeper.com ; and to the eponymous mobile application.
When subscribing to our services and creating your Personal Account, you expressly consent to the data collection and processing of your personal data.
Personal data must be understood as all information related to a physical person, identified or identifiable, directly or indirectly by reference to a login, such as a name, an identification number, localisation data, an online login, or by reference to one or several specific elements related to his or her physical, physiological, psychic, economic, cultural or social identity. The personal data collected are listed in article 2 hereinafter.
The information related to the Projects in themselves are not considered as personal data under the terms of this Confidentiality Policy.
The Clients and/or the Users personal data collected through our Website and/or Software are automatically processed by us for the administration and management of our Clients and Users accounts, or for statistical purposes.
Besides, Clients and/or Users personal data can be used by MELUSYN to communicate commercial promotions and advertising from MELUSYN regarding similar services and products. In this case, it is not necessary to obtain the express consent from the User and/or the Client.
The Clients and/or Users personal data will not be communicated or to any third party, except to MELUSYN’s contractors and subcontractors which need to access to these data in order to provide the services.
The processing of Clients and Users personal data has been declared to the National Commission for Data Protection and Liberty (CNIL) under the number 1753810.
1. Access and modification of your personal data
1.1 Clients and/or Users rights
As provided by the law n°78-17 of January 6th 1978 and others legal provisions, the Client and/or the User have a right of access, modification, deletion and rectification of his personal data collected in our system.
If the personal data we have collected are incomplete, inaccurate, equivocal or outdated, the Clients and/or Users can ask us to rectify, complete, clarify, update or delete them.
Within the limits of MELUSYN’s technical means, the Clients and/or the Users have the right to Ask for a the portability of their personal data to a third party.
The Client and the User can also give us directions regarding their personal data after their death (deletion of data or transmission to designated heirs).
For legitimate reasons, the Client and/or the User can oppose the processing of their personal data. Nevertheless, the Client and/or the User are informed and fully aware that this opposition may prevent MELUSYN from providing its services.
In addition, EU Clients and EU Users are informed that they have the right to file a complaint before their national data protection authority (regarding the collection and processing of their personal data.
These rights described above can be exercised by any other person, including non-user, as long as their personal data has been displayed on our Website/Software.
As required by law, the Clients’ and Users’ personal data will be deleted in the situation listed below, such as but not limited to:
- The personal data are no longer needed for the completion of the purpose they were initially collected for;
- The Client and/or the User no longer consents to the collection or processing of his/her personal data ;
- The Client and/or the User opposes the processing of their personal data, and the processing is not justified for any compelling reason ;
- The personal data have been subjected to illegal processing ;
- The personal data must be erased in order to comply with European or national law.
The Client and the User are informed that one (1) year after the last action on their Personal Account on the Website/Software, the latter will be deactivated. In this event, the Personal Account concerned with the personal data related will be deleted, within three (3) years following the last action of the Client or the User implicated.
1.2 Modalities for exercising Client’s and User’s rights
To exercise their rights as listed above, the Client or the User must contact us at: email@example.com
Any third party whose personal data have been registered on our Website/Software by Clients and/or Users and are consequently collected and processed by MELUSYN, has the right to exercise the rights listed above, under the same conditions.
2. Personal data
The different categories of personal data collected are listed below:
2.1 Personal data automatically collected
Our servers automatically recognize the Clients’ and/or the Users’ domain name, or their internet provider’s, but not their email address.
2.2 Personal data provided by the Clients and the Users
We collect an aggregate of information regarding the use of our services by our Clients and/or Users. We also collect information provided by them when they subscribe to our services or communicate with us through electronic devices.
Thus, when subscribing to the Website, the Client and/or the User must provide some information, such as but not limited to, name, surname, email address and password.
The Client and/or the User shall provide accurate, complete and updated information about his identity. The Client and/or the User is committed to immediately update this information.
The Client and/or the User is fully aware that providing false, expired or incomplete information can be punished by the law and, as a consequence, may also prevent MELUSYN from conducting the required services.
According to article 226-4-1 of the French Penal Code, identity theft is punished by the term of imprisonment of one (1) year and by a fine up to 15.000 euros. Identity theft can be defined as the fact of using someone’s identity or data that may affect this person’s tranquillity, reputation or honour.
The Client and/or the User can provide us with personal data related to a third party (non-subscriber to the Website/Software). In such circumstances the Client and/or the User must ensure that they have the third party’s necessary authorizations to do so. In no way, shall MELUSYN be held responsible, regarding third parties personal data.
2.3 Processing of the personal data
The Client and/or the User is also informed that her/his personal data may be anonymised. Once anonymised and aggregated, the personal data may be analysed or used for statistical purposes or studies conducted by MELUSYN alone or in collaboration with a third party. In such case, these operations will be conducted in respect with the security obligation ensuring anonymity of the Client and/or the User. The Clients and/or Users expressly agree to this processing.
Unless stated otherwise in this Confidentiality Policy, the Client and/or the User is informed that his/her personal data are strictly reserved for the data controller which is MELUSYN. MELUSYN shall not communicate them to non-authorized third parties.
In order to comply with national and European regulation on personal data protection, MELUSYN is currently implementing strengthened mechanisms to guarantee that the collection and processing of the Client’s and/or the User’s personal data are safe, confidential and accurate.
2.4 Transmission of personal data
2.4.1 Transfer to third parties
The Client and/or the User is informed that his personal data collected by MELUSYN may be transferred to a third party (subcontractor or external provider) solely for the completion of MELUSYN services.
2.4.2 Transfer outside EU
MELUSYN is likely to use external providers for carrying out its activities.
In that case, MELUSYN will do its best, within reasonable technical limits, to select competent and trustworthy companies which comply as far as possible with national and European regulation.
The User and/or the Client is informed that his personal data are likely to be transferred outside EU for the performance by MELUSYN of its services.
As legally required, in the event of a transfer to the US, personal data will only be transferred to the registered entities on the American administration records, being specified that these entities guarantee to be compliant with their legal obligations under the Privacy Shield.
Privacy Shield is a self-certification mechanism for US-based companies, recognized by the European Commission as an appropriate protection level for personal data transferred from EU to US companies.
For further information, please click on the following link: https://www.privacyshield.gov/.
For personal data transferred to the US, MELUSYN guarantees Clients and/or Users that their personal data are only transferred to US companies actively certified under the Privacy Shield.
2.5 European Regulation on the Protection of Personal data
The Client and the User are informed that MELUSYN collects and processes personal data in respect with the herein provisions and the European regulation mentioned above.
Within reasonable limits, MELUSYN encrypts and anonymises data, subject to the proper performance of the services subscribed by the Client.
The new European Regulation mentioned above will come into effect starting May 25th 2018.
3. Security of personal data
If by any chance, we feel that the security of your personal data is jeopardized or that your private life may be affected, we would inform you of such a situation.
If required by the law, we will notify you of this situation as soon as possible by email.
If you have any question regarding this Confidentiality Policy or the processing of your personal data, please feel free to contact us by email: firstname.lastname@example.org
We are committed to carry out all necessary steps with the CNIL required by the law.
4. Deletion of the Client’s and/or the User’s account
The Clients and/or the Users personal data are registered and kept for as long as they have a Personal Account on the Website/Software.
When a Client and/or a User closes his account for any reason, or when MELUSYN closes a Client’s or User’s Personal Account in application of the provisions of this Confidentiality Policy, the personal data related to this Personal Account (and especially the traffic data) are erased, anonymised and will only be used for statistical purposes.
This operation may be delayed for one (1) year, in order to ensure the security of our systems and installations, and for the search and proof or prosecution of criminal offences.
As required by the applicable legal and regulatory provisions, MELUSYN is allowed to provide all personal data about a Client and/or a User or other data requested by competent judicial and administrative authorities.
The duration of this consent is thirteen (13) months, starting from the deposit of cookies on the Client’s and/or the User’s web-browser.
The personal data, kept in the Clients and Users Terminal, or any other element used to identify the Users and/or the Clients, are kept for the above-mention period. At the expiration of this period, the data will be deleted or anonymised.
6. SetKeeper Sub-processors (updated 06 JUNE 2018)
SetKeeper may sub-contract or outsource the processing of Processed Data to some of the other persons or entities listed below:
- Datadog, Inc (USA)
- Intercom, Inc. (USA)
- Amazon Web Services, Inc. (USA)
- Microsoft, inc. (USA)
- MongoDB, Inc. (USA)
- Google, Inc. (USA)
- Stripe, Inc (USA)
- Base, Inc (USA)
- HubSpot Inc. (USA)
- Aircall.io, Inc. (USA)
- Paycove, Inc. (USA)
- SendGrid, Inc. (USA)
- Dropbox, Inc (USA)
Last Update date of the Confidentiality Policy: 21st February 2018