This website, accessible from the URL www.newendistribution.com (hereinafter the “Website”) is edited and operated by NeweN Distribution (the Editor), a company whose principal activity is the distribution of formats and audiovisual programs, SAS (Société par actions simplifiée) with a capital of € 3,048,980, whose head office is at 20, rue de Houdan – 78610 Le Perray en Yvelines, France, registered with the RCS of Versailles under number B 351 452 164 / N ° SIRET: 35145216400053.
Tel. of the Editor: +33 (0) 1 53 78 70 26
The Director of the Publication of this Website is Mr. Christophe NOBILEAU, President.
The Host of this Website is EDICIEL, SARL, 22 avenue Darcy, 17750 Etaules, registered Under number La Rochelle, B 449 046 242, with a capital of 7500 €
Tel. of the Host: +33 (6) 81 07 83 02
The Developper of this Website is Be API, 118/130 avenue Jean Jaurès Résidence Le Belvédère Bâtiment A1, 75019 Paris.
The User is the person who accesses the Website and/or connects to the Website using any means whatsoever, irrespective of the equipment used and the reception equipment, at any time whatsoever, and in any location whatsoever in the whole world.
I – INTELLECTUAL PROPERTY
The Website and the content thereof are the exclusive property of Newen Distribution, which is the exclusive owner of the related rights including, inter alia, the intellectual property rights, or has been duly authorised in this respect by the right holders.
Any reproduction, distribution or downloading, in full or in part, of the Website, pages, data, text, images (photographs, drawings, logos, etc.), videos and/or any other element of the Website on any medium, through any process and in any location whatsoever in the whole world is prohibited and constitutes infringement penalised by Articles L.335-2 et seq. of the Intellectual Property Code.
The same applies for the trademarks shown on the Website, which are protected by the provisions of Articles L.711-1 et seq. of the Intellectual Property Code, whose reproduction and/or distribution, in full or in part, carried out using elements of the Website without Newen Distribution’s express consent is prohibited in accordance with Article L.713-2 of the Intellectual Property Code.
The User is only authorised to display the Website on the screen of his/her personal reception equipment and temporarily reproduce the files constituting the Website in the cache memory of said equipment for the sole purpose of facilitating viewing of the Website.
The User is not authorised to create a hypertext link to the Website and/or any page whatsoever of the Website and/or a file on the Website without obtaining Newen Distribution’s prior consent in writing.
II – LIMITATION OF LIABILITY
1/ The sole purpose of the Website and the content thereof is to provide general information on Newen Distribution and its business activities. Newen Distribution does not warrant that the information available on the Website is exhaustive and up-to-date but shall endeavour to display accurate information and update the latter. Newen Distribution shall not be held liable in any event for any errors, inaccuracies or omissions in the information available on the Website. It shall not be held liable for any direct or indirect damage caused by the User’s use of such information. The User acknowledges that he/she is solely liable for his/her use of all information contained on the Website.
Newen Distribution shall not be held liable in any event for any direct or indirect damage, irrespective of the causes, origins, type and consequences, which may result from access or impossibility to access and/or use the Website, including, inter alia, in the event of data loss, damage, destruction or a virus, which may affect the User’s equipment, presence of a virus on the Website and unavailability of the Website. Each User shall be responsible for taking all appropriate measures in order to protect his/her data and/or install anti-virus software.
The User is informed that the Website may be amended, temporarily or permanently taken down without any prior notice. Newen Distribution does not undertake to provide permanent and uninterrupted access to the Website.
2/ Newen Distribution may display links to other websites.
These websites are separate and independent from the Website and Newen Distribution does not publish or control the sources and content of such websites or links displayed thereon to other websites. Newen Distribution shall consequently not be held liable for the content, products, services, advertising, cookies or any other elements on such websites and for any proven or alleged damage or loss, which is consequential or related to use of the information, services or data available on such websites. Newen Distribution shall not be held liable for and does not warrant the availability of such websites and external sources.
III – PERSONAL DATA
1/ In accordance with the French Data Protection Act (loi “Informatique et Libertés”) of 6 January 1978, as amended by the Act of 6 August 2004, a declaration has been filed with the French Data Protection Authorities (Commission Nationale de l’Informatique et des Libertés (CNIL)) relating to the automated processing of personal data carried out from the Website.
The User is informed, inter alia, that data (e-mail address, any other personal data voluntarily provided by the User for identification purposes and the IP (Internet Protocol) addresses relating to his/her Internet connection, collectively referred to hereinafter as “Personal Data”), which he/she provides using the forms on the Website or by sending e-mails to Newen Distribution staff, are collected and processed by Newen Distribution for administrative and commercial purposes and, in particular, for the purpose of responding to his/her request.
Newen Distribution is in charge of Personal Data processing on its own behalf.
The aforementioned data shall be conserved throughout the period of time required for the purposes for which said data is collected and processed.
In accordance with the provisions of the aforementioned Data Protection Act, the User has a right to access, amend, correct and delete his/her personal data (Article 34 of the Data Protection Act). To exercise this right, the User may send a request to this effect to Newen Distribution to the address of its registered office shown hereinbelow.
The User is informed that when he/she visits the Website, a cookie may be automatically installed on his/her browsing software. A cookie is an element which does not enable the User to be identified but whose purpose is to record information relating to the User’s browsing history on the Website. The User may deactivate such cookie by changing the settings in his/her browsing software.
The User has a right to access, delete and amend personal data communicated by cookies in accordance with the provisions set forth hereinabove.
Personal Data collected and processed by Newen Distribution using the Website shall not be transferred or loaned, free of charge or against payment, to third parties.
2/ The User is obliged to comply with the provisions of the Data Protection Act and criminal sanctions may be imposed for breach thereof. In particular, when he/she accesses personal data, he/she shall refrain from collecting, misusing and, in general, conducting any act which may infringe people’s privacy or reputation.
In this respect, Personal Data relating to Newen Distribution staff, which is made available on the Website, may not be collected and processed without the prior consent in writing of the person concerned. The User shall refrain from collecting and using such Personal Data, through manual or automated processes, to send advertising messages or any other type of message which is not related to Newen Distribution’s business activities.
IV – APPLICABLE LAW AND COMPETENT JURISDICTION
The Website and the content thereof are governed by French law. Any dispute shall be determined exclusively by competent courts of Paris.
French is the official language of the Website. In the event of an error and/or omission in the translation into any other languages, only the French version of the Website and the legal disclaimer thereof shall be authoritative.
The User represents that he/she has read and understood all of the provisions set forth hereinabove and acknowledges that he/she accepts them subject to no reservations, amendments or restrictions simply as a result of his/her connection to the Website.