LEGAL

General terms and conditions of sale and use

The Publisher publishes the “Sooner” Service.The purpose of these general terms and conditions of use and sale (hereinafter "the General Terms and Conditions") is to define the terms and conditions under which the Publisher makes available to Users, on the Service, the Programme Offers defined below.

1. Definitions

  • “Publisher” means UniversCiné Belgium SA ;
  • “Offers” refers jointly to the SVOD Offer, the TVOD Offer, the EST Offer and the Premium Offer, hereinafter referred to individually from time to time as an “Offer”;
  • “Premium Offer” means the mixed offer of SVOD and TVOD Programmes offered by the Publisher, the terms and conditions of which are specified in Article 6.D below;
  • “SVOD Offer” means the SVOD Programme offer proposed by the Publisher, the terms and conditions of which are specified below in Article 6.A.
  • “TVOD Offer” refers to the offer of Programmes in TVOD proposed by the Publisher, the terms and conditions of which are specified below in Article 6.B.
  • “EST Offer” refers to the EST Programme offer proposed by the Publisher, the terms and conditions of which are specified below in article 6.C.
  • “Programme(s)” refers to the audiovisual content offered to Users of the Service, which may vary depending on the Offer concerned. Programmes are classified in accordance with different themes and categories.
  • “Service” refers to the audiovisual media service called “Sooner” published by the Publisher and made available to Users on the Platforms, consisting of the SVOD Offer, the TVOD Offer, the EST. Offer and the Premium Offer.
  • “Platforms” refers to the various means of access to the Service such as the website www.sooner.nl as integrated software and as application software on the available terminals, as specified in the FAQs, the latter being subject to change;
  • “TVOD”: refers to video on demand rental on a fee-for-service basis;
  • “EST”: refers to Electronic Sell Through, which is long-duration video on demand;
  • “SVOD”: refers to subscription video-on-demand;
  • “User(s)” means any natural person having access to the Programmes for strictly private use on the Service.

It is specified that the Programmes offered in the Offers are available as long as they are visible on the Service. The Publisher may at any time remove Programmes from its Offers.

2. Scope of application

Access to the Service is reserved for Users who have read these General Terms and Conditions and its appendices in their entirety prior to using the Service, and who have accepted them without reservation.

Consequently, the User acknowledges that any order placed on the Service and any publication of comments or notices on the Service implies unreserved acceptance of these General Terms and Conditions.

In the event of non-compliance by a User with these General Terms and Conditions and their appendices, the Publisher reserves the right to refuse or remove access to the Service. The Publisher reserves the right to amend these General Terms and Conditions at any time.

3. Identification of the Service Provider

The Publisher’s contact information is:

UniversCiné Belgium SA
Place de l’Amitié, 6
1160 Bruxelles
support@sooner.be
TVA BE 0821.741.636

Publisher’s regulatory body:

Conseil supérieur de l’audiovisuel (CSA)
Boulevard de l’Impératrice, 13
1000 Bruxelles
E. info@csa.be
W. www.csa.be
More detailed informations about UniversCiné Belgium SA and its services are available on the CSA’s website (www.csa.be/pluralisme)

Regulatory body on the use of personal data:

Autorité de Protection des Données (APD)
Rue de la Presse, 35, 1000 Bruxelles
E. contact@apd-gba.be

4. Description of the Service

The Service gives the User access to viewing the Programmes offered in the Offers in accordance with the formula chosen by the User when using the Service.

The User acknowledges and accepts that the display quality of the Programmes may vary in accordance with the intrinsic quality of the Programme and that not all Programmes are available in HD format. The quality may also vary from one device to another, and may be influenced by various factors, including its location, available bandwidth and/or the speed of the User’s internet connection. Not all Programmes are available in all formats, and not all Offers allow the Programmes to be viewed in all available formats.

5. Conditions of access to the Service

The Service is accessible to Users aged 18 or over who, within the meaning of the European Regulation on the cross-border portability of online content services in the internal market of 14 June 2017, have their effective and stable residence in Luxembourg. Pursuant to this regulation, it is possible for a User to access the Service when temporarily present in a Member State of the European Union other than the Netherlands.

The Publisher reserves the right to set up any relevant control system in this respect. In order to comply with the agreements concluded with the rightful owners of the Programmes offered, the territory from which the User orders the Programme will be tested automatically. If the territory from which the User attempts to view the Programme is not one of the territories authorized for this Programme, the information will be provided to the User and the Programme may not be disseminated.

The Publisher will immediately and without warning proceed to the deletion of an account of a user who does not meet the criteria mentioned above.

To access the Service, the User must necessarily go through one of the compatible Platforms.

Once the User’s registration is completed, an account creation e-mail will be sent to the User at the e-mail address he or she has indicated in the registration form.

The Publisher reserves the right to refuse acceptance of an application for registration to the Service if the information provided proves to be incomplete, erroneous, misleading or fanciful.

Before accessing the Service, the User must check, under his sole responsibility, that his computer equipment has the minimum technical configuration set out below. If necessary, the User may refer to the Service FAQs or by carrying out a configuration test proposed on the Service.

The User must make sure, before downloading, that he has the capacity to store Programmes.

The User is informed that any modification of his software and hardware configuration may lead to a degradation or impossibility of use of the Service.

Access to the Service is directly from compatible Platforms.

Access to the Service is provided on a permanent basis subject to maintenance and servicing periods, server update operations and any exceptional interruptions.

Payment for orders on the Service is made online on the site and the application by compatible means of payment, as described in the FAQs.

For more details concerning the operation of the chosen payment service, the User must refer to these services which are not the responsibility of the Publisher.

No banking data is stored at the Publisher or on the Service.

The Publisher cannot be held liable in the event of malfunctioning of the payment services chosen but will make its best efforts to accompany Users in their dealings with these bodies. Payment is made in euros. The prices indicated are expressed in euros, all taxes included, including Netherlands VAT of 21%.

6. Responsibility of the User

The User undertakes not to infringe the rights of third parties in the context of his registration.

All the elements allowing the User to use the Service are personal and confidential. The User is entirely responsible for maintaining the confidentiality of his access codes to access the Service, which he undertakes to keep secret and not to disclose in any form whatsoever, with the exception of within the family unit.

Consequently, the User acknowledges that any connection or transmission of data using his identifiers will be deemed to have been made by himself.

The User undertakes to use the Service in a responsible manner, in particular with regard to the age restrictions of the public for certain Programmes, which are established on the basis of the following criteria:

  • Programmes are not recommended for minors under 10 years of age if they contain certain scenes likely to harm the physical, mental or moral development of minors under 10 years of age;
  • Programmes not recommended for minors under 12 years of age where they are likely to harm the physical, mental or moral development of minors under 12 years of age, in particular where the scenario involves repeated physical or psychological violence;
  • Programmes not recommended for minors under the age of 16 if they are likely to harm the physical, mental or moral development of minors under the age of 16, in particular when they include scenes of an erotic nature or great violence;
  • Programmes not recommended for minors where they are likely to harm the physical, mental or moral development of minors, particularly when they include scenes of a pornographic nature or of very great violence.

The User acknowledges and accepts that these criteria are subjective and cannot engage the responsibility of the Publisher on the content of the Programmes.

The User will also ensure that access codes are not made available to minors without parental supervision for this type of Programme.

In the event of loss or theft of one of its identification elements (including phishing) and inaccessibility to the account, the User must inform the Publisher’s customer service department at the contact details indicated in article 8 hereof, as soon as possible so that they can be cancelled immediately. In this case, the Publisher will send the User new identification details.

Any use of the User’s identification elements is made under the User’s entire responsibility. In the event of misappropriated or unauthorised use of the User’s identifiers, the User’s liability will only be discharged with regard to the Publisher once the Publisher has received the information from the customer service department under the aforementioned conditions.

7. Service Offers

A. Conditions of access to the SVOD Offer

The Service gives access, at the User’s request, through streaming or temporary downloading depending on the Platforms used, to the viewing of a Programme of the SVOD Offer offered on the Service at the price in force on the date of the order.

1. Access to the SVOD Offer

The User will follow the access procedure set up on the Service.

Subscription to the Service will begin with a free trial period. The free trial period lasts 14 days, unless otherwise specified at the time of registration, and is intended to allow new members and certain former members to try the Service.

The Publisher reserves the right, at its sole discretion, to determine the conditions of admission of Users to a trial period. The Publisher has the right to refuse or revoke the trial period and to suspend the User’s account if it considers that the User does not or no longer complies with the conditions of admission. Members of the same household who have already or have recently subscribed to the Service are not eligible for the trial period. The Publisher may use information such as device ID, payment method or account email address used with an existing or recent subscription to the Service to determine a User’s eligibility for the Trial Period. Restrictions may apply to combinations with other offers.

The Publisher will debit the amount corresponding to the monthly subscription fee, in accordance with the chosen formula, at the end of the free trial period via the chosen payment method, unless the User cancels his subscription before the end of the free trial period. The User will find the specific details of the monthly subscription fees and the end date of his free trial period to the Service by consulting his account in the “Account Settings” tab available in the user menu of the Service.

2. Subscription formulas

The User has the choice between the following subscriptions, as described in the Service and the FAQs:

  • Essential subscription
  • Student subscription
  • Family subscription
  • Premium subscription

The User’s subscription will be automatically renewed every month (30 calendar days) until he chooses to cancel his subscription. To access the SVOD Offer, the User must have an up-to-date, valid and accepted method of payment. Unless the User cancels his subscription before the monthly billing date, he authorizes the Publisher to charge the price of the chosen subscription for the following month (30 days).

3. Billing of the subscription

Subscription fees for the SVOD Offer will be invoiced every 30 calendar days from the day corresponding to the beginning of the User’s subscription period in accordance with the chosen payment method. In case of non-payment, the User’s subscription will be suspended until a valid and accepted means of payment is updated.

4. Termination of subscription

The User may terminate his subscription to the Service at any time in accordance with the procedure mentioned on the Service. The User will then have access to the SVOD Offer until the end of the monthly billing period. To the fullest extent permitted by applicable law, payments are non-refundable and the User will not be entitled to any refund or credit for periods of partial use of his subscription or any unseen Programme.

5. Rates

The prices of the subscriptions offered to the User are those applicable at the time of the User’s purchase on the site and/or the application and may be modified at any time by the Publisher. Any change in the price of subscriptions to the SVOD Offer shall only be applicable to Users who have previously taken out a subscription after a minimum period of 30 days following receipt of notification. In the event that the User no longer wishes to subscribe to the subscription at the new price, the User may cancel the subscription.

B. Conditions of access to the TVOD Offer

The User will follow the access procedure set up on the Service.

The Service gives access, at the User’s request, using streaming or temporary downloading techniques depending on the Platforms used, to the viewing of a Programme from the TVOD Offer offered on the Service at the price in force on the date of the order.

When the User orders a Programme from the TVOD Offer, he is authorized to view the Programme for a period of 48 hours from the start of Programme playback, with no limit on the number of times the Programme is viewed during this period. The User is informed that he shall have a period of thirty (30) days in which to launch the first viewing of the Programme. If the User fails to do so within this period, he will no longer be able to view the Programme.

In the case of a streaming broadcast (for the site only), the User will be able to start viewing the Programme being downloaded, once the download is sufficiently advanced to allow playback to begin, of which he will be informed during the download. The User is informed that this period may vary depending on the type of connection available to him/her.

C. Conditions of access to the EST Offer.

The Service gives access, at the User’s request, through streaming or temporary downloading techniques depending on the Platforms Used, to the viewing of a Programme from the EST Offer proposed on the Service at the price in force on the date of the order.

When the User orders a Programme from the EST Offer, he is authorised to view the Programme indefinitely for a minimum period of ten (10) years. The User acknowledges and accepts that after this period, the Programme may no longer be accessible, depending on the rights acquired by the Publisher.

In the case of a streaming broadcast (for the site only), the User will be able to start viewing the Programme being downloaded, once the download is sufficiently advanced to allow playback to begin, of which he will be informed during the download. The User is informed that this period may vary depending on the type of connection available to him/her.

The User is informed that the Programme can only be viewed on compatible Platforms. The file cannot be transferred from one computer to another or exchanged.

D. Premium Offer

The User will follow the access procedure set up on the Service and will choose the Premium Offer.

The Premium Offer shall give the User access to the SVOD Offer, with the same advantages as those granted by the Family Subscription, under the conditions determined above for access to the SVOD Offer, excluding the trial period.

In addition, the User will receive, after the trial period has elapsed, per thirty (30) day billing period, three (3) access tickets to the TVOD Offer. Each ticket gives the User the right to view a Programme of the TVOD Offer, under the conditions determined above relating to access to the TVOD Offer. Tickets cannot be accumulated; each ticket not used at the end of a billing period will be definitively lost.

8. Policy on respect for the right to privacy and personal data

The Publisher attaches great importance to the protection of personal data. It processes the personal data collected when using the Service in accordance with the relevant legal obligations including the law of 01st August 2018 on the protection of natural persons with regard to the processing of personal data transposing European Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR). Consequently, the Publisher respects the principles of transparency, freedom of choice, rights of access, and the transmission and lawful processing of personal information.

When using the Service, data, in some cases of a personal nature, may be collected. The site also contains links redirecting to sites external to the Publisher. This data protection declaration only applies to the Service and not to third party sites.

A. Collection of personal data
The Publisher wishes to offer Users as much control as possible over their personal data.

By using the Service, the User agrees to the application of this declaration and privacy policy to the personal data processed by the Publisher.

When using the Service, and in particular when creating an account, the User must provide personal data including, in particular:

  • Identification and contact data: surname, first name, address and town, e-mail address, telephone number, date of birth, age, gender, etc.
  • Financial data: bank account number, name of account holder, etc.
  • Login data relating to a user account: (user) name, e-mail address, password, security question and answer, IP address, login times, etc.
  • Information about the movies viewed, interests, preferences transmitted through our website, Facebook, etc.
  • Complaints, remarks, suggestions, emails sent to the Publisher
  • Other data and content exchanged, communicated and shared by the User through the Service or our Facebook page.

B. Processing of personal data

All personal data communicated is considered confidential and is only kept and processed for the purposes of the relationship between the User and the Publisher. Personal data is processed by the Publisher for the following purposes:

  • The conclusion and performance of a contract with the User (such as subscription, purchase of a film, creation of a user account, etc.), as well as the invoicing, follow-up and collection of these invoices;
  • The improvement and optimisation of the Service, as well as the optimisation of general, commercial and marketing strategies of the Publisher and the Service;
  • The occasional sending of newsletters, invoices, notifications of new content, confirmation messages, invitations, or newsletters relating to the Publisher’s activities. For this purpose, the Publisher may group the User’s preferences and interest in a profile;
  • Other specific purposes for which a separate authorisation may be requested.

As part of the operation of the Service, information may be transferred in certain circumstances to third parties involved in the use of the Service. When transferring personal information to these third parties, the Publisher shall only transfer the information required to provide the service concerned and shall ensure that this transfer is carried out with the data security required. The Publisher will only transfer personal information to third parties who are committed to protecting personal data and processing it in accordance with the applicable laws.

The Publisher undertakes not to sell or rent personal data.

The Publisher never deliberately collects or processes personal data of minors without the consent of a parent or guardian, which must be given in order to use the Service and then exercise the rights relating to the minor’s data.

If personal data of minors is nevertheless processed in good faith, the Publisher will delete it from its files as soon as possible after notification thereof.

The Publisher undertakes to keep data no longer than necessary for processing.

In addition, the User may unsubscribe from the service’s newsletters at any time by clicking on the unsubscribe link in each of these emails.

C. The User’s rights concerning his personal data

The Publisher ensures the respect of personal data. The User can, at any time, by contacting the User:

  • consult and correct personal data processed by the User;
  • ask for the deletion or correction of his personal data and restrict its use;
  • cancel his authorisation for certain processing of his data and object to its use for direct marketing purposes and the establishment of his profile.

The User also has the right to complain to the regulatory authority.

D. Data security
The security of data on the Service is one of the Publisher’s priorities. The Publisher has therefore endeavoured to ensure the effectiveness of its online security measures. Most of the data traffic on the Service is therefore encrypted. The Publisher strives to continually update its encryption technology as technical advances are made, in order to guarantee the confidential treatment of the information transmitted to it by the User.

9. Cookies

The Publisher uses various technologies for authentication or for simpler, faster and easier navigation on the Service, in particular by measuring its use and efficiency. Cookies are used for this purpose.

Cookies are text files that are downloaded to the User’s device when using the Service.

The term “cookie” refers to a range of technologies, including:

  • pixel tags (transparent graphic images placed on a Web page or in an e-mail that indicate that a page or e-mail has been viewed),
  • mobile device identifiers, and
  • web storage used in desktop or mobile device software.

The term “cookie” refers to all of these technologies.

Cookies serve a number of purposes: for example, to enable the User to navigate quickly from page to page, to store User preferences and generally to improve the User’s experience.

The Publisher may use cookies in the following way:

  • Required cookies: these cookies are necessary for the operation of the Service. For example, they make it possible to recognize the type of subscriber and then to provide the appropriate services.
  • Performance and/or analysis cookies: the Publisher uses these cookies and other similar technologies to analyse the access to and use and operation of the Service. This information is necessary to manage, operate and continually improve the Service.
  • Functional Cookies: These cookies allow the Publisher to operate the Service in accordance with the User’s preferences.
  • Targeted advertising cookies: the Publisher uses these cookies and other similar technologies to provide the User with potentially relevant advertisements tailored to the User’s interests and to help measure the effectiveness of advertising campaigns.
  • Third party cookies: the Publisher may allow its business partners to use cookies or similar technologies on or off the Service for the purposes identified above, including collecting information about the User’s online activities over time and across different sites, applications and/or devices.

Most browsers are now set by default to automatically accept cookies. However, the User can also limit the use of cookies via a setting in his browser or via the dedicated functionality. The Publisher advises the acceptance of cookies because they allow the User to benefit from a better experience when using the Service.

The User can find more information about cookies at: www.youronlinechoices.eu.

A. Web site traffic analysis

The Publisher uses statistics and evaluation programs developed by Google Analytics for statistical evaluation of access to the Service. The data is anonymised so that it can no longer be attributed to a specific person. The stored information is used exclusively to compile reports on the use of the website. These reports help us to analyse the offers on our web pages and to constantly improve them.

The Publisher uses software to generate and update user profiles. To do so, the Publisher uses cookie technology for tracking purposes on the website. Unknown visitors are registered as anonymous users.

Google Analytics uses cookies to analyse the use of the website. If the User so wishes, he can prevent the storage and processing by Google of the data generated by the cookie about his use of the website (including his IP address) by downloading and installing the browser plug-in via the following link: http://tools.google.com/dlpage/gaoptout.

B. Use of social network plug-ins

The Service contains buttons linking to social networking sites; these buttons, if displayed on the website, do not establish contact with the Facebook and Twitter servers. In order for a connection to be activated, and for communication to be established with Facebook, Gmail, WhatsApp, Twitter, etc., the User must first give his consent by clicking on the buttons.

If the User is already connected to a social network of his choice, this will be done without an additional window opening. As this transfer is made directly, the Publisher does not obtain any information about the data transferred. If the User connects simultaneously to Facebook and another social media service, this information will be assigned to his account and will therefore be linked to him as an individual.

For more information on the use and storage of personal data by Facebook, Google+ and Twitter, it is advisable to contact these social networks directly. It is also possible to block social plug-ins using add-ons for your browser.

C. Changes to the Privacy Policy

The User reserves the right to amend this privacy statement and policy at any time. The applicable version can be consulted at any time on the Publisher’s website.

D. Contact

The person responsible for the processing of personal data for the Publisher is Maxime Lacour. In case of questions or comments regarding the Publisher’s data protection practices, the User may contact the Publisher at: support@sooner.nl.

10. Customer service and technical support

For further information, the Service’s customer service department is available at the following e-mail address: support@sooner.nl.

11. Intellectual Property

The Programmes viewed and/or downloaded by the User are digital files protected by national and international copyright and related rights.

The use of the Programmes is strictly limited to private use within the family circle, which excludes in particular any collective and/or paid public performance and/or broadcasting.

It is also strictly forbidden to edit, lend, exchange, reproduce, duplicate, transmit, distribute, in whole or in part, the Programmes or the computer keys allowing access to them. Any use outside of the Service is strictly prohibited and in particular their resale, exchange, rental or transfer to a third party.

Should the User wish to broadcast Programmes in closed settings (hotels, tourist residences, prisons, health establishments, barracks, bars, cafés, restaurants, shops, trains, planes, etc.) or in “institutional” settings (museums, libraries, media libraries, educational or training establishments, cultural centres, etc.), he must make an express request in writing to the Publisher, specifying the place of broadcasting envisaged and the Programmes desired. This type of distribution will only be authorised in the event of a written, express and unequivocal reply from the Publisher, and prior payment of the fees due.

Any offender is liable to criminal and/or civil penalties.

The Programmes that the User acquires may be controlled by a technical system known as DRM (Digital Rights Management), which is a system for protecting digital files and controlling their use. Its aim is to offer the customer maximum flexibility in the use of downloaded recordings while protecting the holders of the rights to these Programmes.

The User undertakes not to circumvent or interfere with the technical control of the software necessary for the use of the Service, nor to encourage third parties to perform such acts. He is aware that such acts are punishable by law.

The authorisation to use the Service, granted to the User in return for payment, does not confer any material or intellectual property rights, which remain reserved to their authors and rights holders. In particular, the User is not authorized, wholly or in part, to copy, reproduce, translate, extract, modify and/or create any element derived from any element composing the Service.

In addition, all content and more generally all elements (including but not limited to titles, trade names, trademarks, images of all kinds, logos, etc.) accessible on the Site, in particular within the framework of the Service, remain the exclusive property of their respective owners, namely any relevant right holder, and are individually protected, where applicable, by the applicable national and international legislation on copyright and trademarks.

Any total or partial reproduction, modification and/or use of all or part of the content of the Service (and in particular trademarks, trade names, images, sounds, graphics) for any reason and on any medium whatsoever, without the prior written consent of the Publisher is strictly prohibited.

The User accepts that the ability to copy the Programmes does not constitute a determining or essential element of the Publisher’s commercial offer. The Programme is moreover equipped with protection measures designed to prevent piracy and to prevent the Programme from being copied onto other media.

12. Obligation of the User

**A. In general
**
The User is authorized to use the Service for his personal use. It is forbidden to use the Service for professional, commercial and/or promotional purposes. The Publisher disclaims all liability in the event of use of the Service that does not comply with these terms and conditions.

The User guarantees use of the Service in accordance with these Terms and Conditions and shall be liable for any recourse, action and/or claim whatsoever that may arise from persons claiming a literary and artistic property right over the works in the event of use that does not comply with the provisions of these Terms and Conditions.

**B. Notices and Discussion Forums
**
The User is solely and uniquely responsible for what is said in the notices and comments that he or she may publish on the Service. The Publisher cannot be held responsible for the opinions and comments that a User may publish on the application.

The Publisher will make its best efforts to moderate the comments made by Users. The User acknowledges that the Publisher has the discretionary right to republish notices, comments submitted by Users, and if necessary, to modify, adapt or translate them into any language, to keep them online or to delete them at any time and without having to inform the User beforehand.

By giving his opinion or posting an opinion or comment on the application, the User expressly assigns to the Publisher, free of charge, the intellectual property rights relating thereto and in particular the right of reproduction, representation, adaptation, on any medium and in any format known or unknown to date, for the entire world and for the legal duration of copyright protection.

The User undertakes to respect the rules and obligations below with regard to his contributions on the Service, and in particular to:

  • refrain from disseminating any message or information of any form or nature:
    • contrary to public order and morality;
    • that is insulting, defamatory, racist, xenophobic, revisionist or injurious to the honour or reputation of others;
    • inciting discrimination or hatred against a person or group of persons on the grounds of their origin or their membership or non-membership of a particular ethnic group, nation, race or religion;
    • threatening a person or a group of people;
    • of a paedophile nature;
    • inciting to commit an offense, a crime or an act of terrorism or condoning war crimes or crimes against humanity;
    • inciting suicide;
    • enabling third parties to obtain, directly or indirectly, pirated software, software serial numbers, software enabling acts of piracy and intrusion into computer and telecommunications systems, viruses and other logic bombs and, in general, any software or other tool enabling the rights of others and the safety of persons and property to be infringed;
  • respect the rights of others, including:
    • personality rights (such as the right to one’s image, right to privacy);
    • trademark rights;
    • copyright (in particular on software, sounds, images, photographs, texts, animated images) and related rights (performing artists, producers of phonograms and videograms and the sui generis rights of database producers);
    • generally speaking, the rights of persons and property.

In general, the User shall refrain from any action likely to hinder the proper functioning of the Service or damage the reputation of the Publisher.

With regard to any opinions, comments or other content submitted by the User on the Service, the User indemnifies the Publisher against any recourse, complaint or claim from third parties arising from the presence on the Service of the said content submitted by the User. The User shall indemnify the Publisher for the amount of any damages resulting from such complaints, claims or appeals by third parties, including legal fees and court costs incurred by the Publisher.

13. Warranty and liability of the Publisher

The Publisher shall not be held liable for any malfunction and/or interruption in the provision of the Service related to or resulting from a case of force majeure, a fortuitous event, during maintenance or any other reason beyond its control or in the event of a permanent stoppage of the Service.

The Publisher does not provide internet access. Consequently, the Publisher shall not be held liable for the malfunctioning and/or insufficient provision of internet access services, and shall not be held liable for any indirect, incidental and/or consequential damages resulting from or related to the operation of the internet network.

The Publisher cannot be held liable in the event of disappearance, loss, deterioration, and in particular in case of any damage likely to alter the User’s computer equipment.

The Publisher has no obligation to replace Programmes destroyed during temporary and/or irremediable breakdowns affecting Users’ computers.

The Publisher is not obliged to offer all the services and marketing methods described in these General Terms and Conditions.

Hypertext links may refer to other sites. The Publisher shall not be held liable in the event that the content of the said sites contravenes the legal and/or regulatory provisions in force.

The Publisher shall not be held liable in the event of failure to comply with the legislation of the country where the Programmes are broadcast.

The Publisher, in the process of putting on line, is bound only by an obligation of means. The Publisher does not control the information, data, texts, music, sounds, photographs, images, videos, messages or any other material transmitted via the Service, and consequently does not guarantee the timeliness, legality, probity or quality of this content. The Publisher shall under no circumstances be held liable for the illegal nature of the content under current legislation.

Without prejudice to the other provisions hereof, the Publisher is not required to verify the truthfulness of the information communicated by internet users at the time of their registration, and in particular the fact that they are of legal age.

The User is informed that since the ability to copy does not constitute a determining factor in the Publisher’s commercial offer, the Programme is equipped with protection measures designed to prevent piracy and to prevent the reproduction of the Programme onto other media.

14. Termination

The Publisher reserves the right to terminate Users’ accounts, without notice, in the event of:

  • insolvency;
  • acts that contravene the provisions of the Intellectual Property Code;
  • failure by the User to comply with any of his obligations under these General Terms and Conditions.

15. Right of withdrawal

In accordance with articles L 221-3 and following of the Code of Consumption, a User subscribing to a distance contract has the option of exercising his right of cancellation by contacting the customer service within fourteen (14) working days of the date of payment.

The right of cancellation may not be exercised once a Programme has begun to be viewed or downloaded (cached), in whole or in part, in accordance with Article L 222-9 of the Code of Consumption.

In the event of cancellation, the Publisher will refund the User the sums received.

16. Applicable law and dispute resolution

The present General Terms and Conditions will be subject to Belgian law and any dispute that cannot be resolved by mutual agreement will be brought before the French-speaking courts of Brussels.