Terms and Conditions of Use
CONDITIONS OF SERVICE
These conditions set out the rules of use of the Website www.ermitage.tv (hereinafter the "Website") and the services, free or fee based, offered to its Users by La Machine du Temps sarl (hereinafter "Ermitage TV") with registered office in Paris, 14 Avenue de l'Opera - France - VAT: FR 90811138858).
1. CHANGES TO THE CONDITIONS OF SERVICE
1.1 Ermitage TV reserves the right to change these Conditions of Service either totally or partially, notifying Users through the Website. Therefore, Users are required to inspect and regularly re-read these conditions in order to remain up to date on the most recent version. It is hereby understood that use of the Website and/or of the services by Users after a change in the conditions or characteristics of the services involves acceptance of the changes made. For any fee-based services, Ermitage TV will inform the Users about any changes relating to the functionality/limitations and/or prices of the services with a notice period of 30 days, through the Website and at the email address provided at the time of registration and/or later. In such cases, the User may withdraw from the fee-based service within 30 days of notification, without any charge or additional cost. In the absence of a notice of withdrawal, the changes will be deemed accepted.
2. USE, REGISTRATION, SUBSCRIPTION TO SERVICES
2.1 The services and the Website are intended for Users aged eighteen and over. Anyone with parental authority over a minor is responsible for monitoring the child’s browsing of the Website on any device in their possession. 2.2 Browsing of certain Website sections and use of certain services offered via the Website may be granted to Users without prior registration, while other Website sections and services may only be accessed subject to registration. 2.3 Users who register on the Website or subscribe to its services are required to provide personal data and follow the registration and/or service activation procedure described when registering or subscribing to services. The authentication process involves normal security and authentication procedures and aims to protect the User’s safety and ensure he/she is really interested in registering or activating the service. When registering or requesting the activation of a service, the User will be asked to enter an email address to be used, along with a password, to access the section reserved for registered Users and/or for Users of the subscribed service. Information concerning the processing of personal data is illustrated in the Privacy Statement found in the Privacy section of the Website, in the Privacy Regulation, and in art. 8 of these conditions. In the event of the User not completing the registration or subscription process after providing an email address and/or other data required for activation, the User may receive a limited number of communications inviting him/her to complete the registration process and describing the service for which the registration procedure has been initiated. Access credentials should be kept confidential as they are the only means of identifying the User and validating his/her access to the Website’s offers. In cases of loss or theft of the above credentials, the User must promptly notify Ermitage TV, which will proceed with their deactivation and replacement. Website and/or service credentials becoming known to third parties may result in unauthorized third-party access. Consequently, Users will be held directly and/or indirectly responsible for any improper or illegitimate use of the services either by said Users or by third parties using the services on their behalf. 3. FREE SERVICES
3.1 Certain services offered by the Website may be used free of charge. Some of these services, including watching trailers or videos, may - at the Company’s absolute discretion - be free of charge for limited periods of time and for promotional purposes. The company reserves the right to change its offering at any time by converting a previously free service into a paid one. When such changes are effected, in order to continue using a service those Users who had started using the service for free will have to subscribe to the paid service and pay the applicable price. 4. PAID SERVICES AND RIGHT OF WITHDRAWAL
4.1 Paid services may be provided to Users as follows:
a) Subscription: on an ongoing basis and following a service activation request submitted by the User; the subscription will last until the User requests deactivation or withdraws for other reasons as highlighted below;
b) One-off request: limited to the feature or service requested;
c) Other prepaid methods made available from time to time (scratch cards, prepaid packages, etc.).
Any fee-based service will be provided in accordance with the limits, terms and conditions set out on the Website and in these Conditions of Service. The price of paid services is due regardless of whether or not the service is used in full. 4.2 Users who activate a paid service will have the right to withdraw from the contract, without any penalty and without specifying the reason, within fourteen working days of activating the service. Users can exercise their right of withdrawal by sending a written communication by registered letter with acknowledgement of receipt within the term indicated above. The communication may also be sent by telegram, telex, e-mail or fax within the same period. In the event of a User exercising his/her right of withdrawal, Ermitage TV will reimburse the amount paid for use of the services, as soon as possible and in any case within fourteen days of Ermitage TV becoming aware of the User exercising his/her right of withdrawal. Sums are considered duly reimbursed if they are actually returned, dispatched or re-credited with value date within the term indicated above.
Notice of withdrawal must be sent to the following address:
La Machine du Temps sarl
14, Avenue de l’Opera
75001 Paris, France
info@ermitage.tv
4.3 Users may pay for services by credit card and, where provided, by PayPal or telephone credit. Ermitage TV does not process or store details of the payment methods used to make purchases (e.g. credit card numbers); such data is processed by the respective payment service providers. Indeed, payment takes place by transferring protected and encrypted data directly to the credit institute. Once the transaction has been completed, the said credit institute informs Ermitage TV of the outcome of the payment, without providing any information regarding the credit card used. For this reason, Ermitage TV has no power over any refusal of the credit card used for payment. Hence, Ermitage TV may in no way be held liable for direct or indirect consequences arising from the User’s use of a credit card to pay for the products and/or services purchased.
4.4 In the case of a subscription service paid for by credit card and/or PayPal and/or telephone credit, Users expressly authorize Ermitage TV, or any third party authorized by same, to debit their account in the amount of the weekly, monthly, quarterly or annual subscription fee, depending on the chosen offer. In this regard, the User guarantees availability of the sums required for the renewal payments, also in the case of automatic service renewals.
4.5 In the event of non-payment, Ermitage TV may, at its discretion and at any time, suspend and/or discontinue the paid service.
5. ON-AIR AND ON-DEMAND SERVICE
5.1 The free ON AIR Service allows Users to temporarily view online video content in streaming or live streaming mode.
5.2 The paid ON-DEMAND Service allows Users to stream the Website’s on-demand or live content.
Users acknowledge and agree that the On-Demand Service offers them the possibility of watching one or more content online without limits, i.e. an undefined number of times at the User’s discretion, subject to availability of the movie on the Website at the time of watching, such availability being subject to the terms and conditions stipulated by Ermitage TV with the holders of the relevant license rights. Therefore, by signing these Conditions of Service, Users agree that a particular movie available at a given time may no longer be available at a later time because, under the aforementioned license agreements, the number of viewings available for that particular movie may be exhausted. It is hereby understood that the number of available streams for a given movie is always visible to Users on the Website and that this information is updated in real time by Ermitage TV. Users are therefore invited to regularly check the remaining availability of any movies of interest on the Website.
The costs of the On-Demand Service are indicated in the Plan & Prices section of the Website.
Users who intend to subscribe to the service are subject to the payment methods indicated in article 4) above. Users may exercise their right of withdrawal from the service in accordance with the terms and methods set forth in article 4.2) above.
6. COPYRIGHT.
6.1 The Website, its constituent pages, technologies and platform, its ideas, logos, trademarks, graphics, texts, and audio/video files, and more generally any other creative element connected with the Website and its services are and will remain the property of Ermitage TV, and as such may not be reproduced, used or represented by Users, except as expressly permitted and to the extent permitted. The User is granted the non-transferable right to use the Website and/or services exclusively for private, non-commercial uses.
7. CONTENT PUBLISHED BY USERS
7.1 Any content published by Users - should Ermitage TV allow this service - is granted to Ermitage TV under a free, irrevocable and unconditional license of use. Ermitage TV will therefore be free to publish and disseminate such content through the Website or any partner websites, as well as to change their graphic appearance and format, and to translate them. Users shall be held liable for any content, material or information of any kind that they may publish, transmit, distribute or make accessible on the Website or through the services, and shall be solely responsible, also from a financial point of view, for any damage caused either directly and/or indirectly to third parties. Therefore, the User undertakes to protect and indemnify Ermitage TV for any third-party claim resulting from or related to the use of the Website and/or services.
In the event of a breach by the User of the obligations set forth herein, also upon notification by third parties, Ermitage TV reserves the right, at its sole discretion, to immediately suspend and/or terminate access to the Website and/or services, as well as to delete such contents as it considers in violation of the provisions of law, without the User being able to make claims in this regard. However, the fact that Ermitage TV has not prevented publication or deleted the User’s content does not mean that this content has been deemed acceptable by the Company. In any case, Ermitage TV invites Users – holding them otherwise responsible – not to:
a) post any personal information or images that the User wishes to keep confidential or that may allow other Users to contact him/her directly (e.g. email address or phone number), or publish data and/or information related to third parties whose prior consent has not been obtained;
b) publish any information, content or material of any kind (audio video graphics, etc.) covered by copyright without the prior authorization of the copyright holder;
c) publish content related to minors, content that is pornographic, offensive, violent or disparaging, content that incites racial hatred, infringes privacy, suggests illegal behavior, instructs on illegal activities, or encourages physical harm or insults against other Users or other groups or individuals, or more generally content that may cause offense or harm to anyone;
d) upload, publish, post, send or otherwise transmit or disseminate any material that contains viruses or other codes, files or programs created to interrupt, destroy or restrict the operation of software, hardware or third-party telecommunications facilities, interrupt normal communications, and interfere with or interrupt services and/or servers connected to the services;
e) intentionally or unintentionally infringe any applicable law or regulation.
Ermitage TV shall cooperate with the Public Authorities whenever it is required to provide data and/or information so as to trace the perpetrators of offences.
8. PRIVACY
8.1 Users’ personal data is collected and processed in order to comply with their requests regarding offers and the use of services requested. Ermitage TV guarantees its Users that it shall operate in compliance with the legislation on the processing of personal data, governed by the Privacy Code.
Information concerning the processing of personal data forms an integral and substantial part of these General Conditions and is illustrated in the Privacy Statement found in the Privacy section of the Website and in the Privacy Regulation. Upon registration, the User may be asked to consent to receiving commercial information, also through newsletters. In this case, the User will be free to give or deny his consent.
9. LIMITATIONS OF LIABILITY
9.1 The Website is offered by Ermitage TV without any guarantee of operation. Ermitage TV is committed in any case to employing the best technology and the best resources at its disposal to ensure the Website’s functionality. The User acknowledges and accepts that Ermitage TV shall in no way be held liable for delays or malfunctions in the performance of the Website dependent on events beyond its reasonable control, such as: (i) force majeure; (ii) events dependent on third parties such as, but not limited to, interruption or malfunction of telecommunications operators' services and/or power lines; (iii) malfunction of terminals or other communication systems used by the Customer.
Should the Website stop functioning, Ermitage TV undertakes to restore it as soon as possible. The User further acknowledges and accepts that Ermitage TV shall in no way be held liable for acts or omissions committed by the User contrary to the obligations taken on under these Conditions of Service, and that it cannot be held liable for malfunctions due to faults in the technology used to access the Website, improper use of said technology, and/ or improper Website access. Moreover, Ermitage TV Shall in no way be held liable by the User or by third parties for any loss of profit, loss of earnings, or any other form of lost revenue or indirect and consequential damages relating to the performance of these Conditions of Service.
Ermitage TV reserves the right at all times to suspend access to the Website and/or services without the User being able to make claims in this regard, except in the event of other, additional contractual agreements being reached in this regard with Users.
In the event of Ermitage TV ascertaining, either directly or by report, a violation of the applicable national and/or international legislation, Ermitage TV reserves the right to interrupt access to the Website or to disable the requested services, whether paid or otherwise, or to delete the User’s profile from the Company’s database. In the event of disabling one or more paid services before their natural expiry due to a violation by the User of the conditions of service, the User will not be entitled to any refund of the consideration paid. The Company reserves the right to take legal action against Users who do not act in full compliance with the provisions of these conditions.
10. APPLICABLE LAW AND JURISDICTION
10.1 These Conditions of Service shall be governed by and construed in accordance with French law.
10.2 Any disputes between Ermitage TV and Users relating or connected to use of the Website and services, and concerning the interpretation, validity or execution of this contract come under French jurisdiction and, in the event of the User not being a consumer in the meaning of the Consumer Code, shall fall within the exclusive competence of the Courts of Paris; alternatively, in the event of the User being a consumer in the meaning of the Consumer Code, they shall fall within the exclusive competence of the Court of the User’s place of residence.
10.3 Should any clause of this Agreement or any part thereof be declared invalid for any reason whatsoever, this shall not affect the validity of the remaining provisions of this Agreement, which shall remain fully in force and effective.
These conditions set out the rules of use of the Website www.ermitage.tv (hereinafter the "Website") and the services, free or fee based, offered to its Users by La Machine du Temps sarl (hereinafter "Ermitage TV") with registered office in Paris, 14 Avenue de l'Opera - France - VAT: FR 90811138858).
1. CHANGES TO THE CONDITIONS OF SERVICE
1.1 Ermitage TV reserves the right to change these Conditions of Service either totally or partially, notifying Users through the Website. Therefore, Users are required to inspect and regularly re-read these conditions in order to remain up to date on the most recent version. It is hereby understood that use of the Website and/or of the services by Users after a change in the conditions or characteristics of the services involves acceptance of the changes made. For any fee-based services, Ermitage TV will inform the Users about any changes relating to the functionality/limitations and/or prices of the services with a notice period of 30 days, through the Website and at the email address provided at the time of registration and/or later. In such cases, the User may withdraw from the fee-based service within 30 days of notification, without any charge or additional cost. In the absence of a notice of withdrawal, the changes will be deemed accepted.
2. USE, REGISTRATION, SUBSCRIPTION TO SERVICES
2.1 The services and the Website are intended for Users aged eighteen and over. Anyone with parental authority over a minor is responsible for monitoring the child’s browsing of the Website on any device in their possession. 2.2 Browsing of certain Website sections and use of certain services offered via the Website may be granted to Users without prior registration, while other Website sections and services may only be accessed subject to registration. 2.3 Users who register on the Website or subscribe to its services are required to provide personal data and follow the registration and/or service activation procedure described when registering or subscribing to services. The authentication process involves normal security and authentication procedures and aims to protect the User’s safety and ensure he/she is really interested in registering or activating the service. When registering or requesting the activation of a service, the User will be asked to enter an email address to be used, along with a password, to access the section reserved for registered Users and/or for Users of the subscribed service. Information concerning the processing of personal data is illustrated in the Privacy Statement found in the Privacy section of the Website, in the Privacy Regulation, and in art. 8 of these conditions. In the event of the User not completing the registration or subscription process after providing an email address and/or other data required for activation, the User may receive a limited number of communications inviting him/her to complete the registration process and describing the service for which the registration procedure has been initiated. Access credentials should be kept confidential as they are the only means of identifying the User and validating his/her access to the Website’s offers. In cases of loss or theft of the above credentials, the User must promptly notify Ermitage TV, which will proceed with their deactivation and replacement. Website and/or service credentials becoming known to third parties may result in unauthorized third-party access. Consequently, Users will be held directly and/or indirectly responsible for any improper or illegitimate use of the services either by said Users or by third parties using the services on their behalf. 3. FREE SERVICES
3.1 Certain services offered by the Website may be used free of charge. Some of these services, including watching trailers or videos, may - at the Company’s absolute discretion - be free of charge for limited periods of time and for promotional purposes. The company reserves the right to change its offering at any time by converting a previously free service into a paid one. When such changes are effected, in order to continue using a service those Users who had started using the service for free will have to subscribe to the paid service and pay the applicable price. 4. PAID SERVICES AND RIGHT OF WITHDRAWAL
4.1 Paid services may be provided to Users as follows:
a) Subscription: on an ongoing basis and following a service activation request submitted by the User; the subscription will last until the User requests deactivation or withdraws for other reasons as highlighted below;
b) One-off request: limited to the feature or service requested;
c) Other prepaid methods made available from time to time (scratch cards, prepaid packages, etc.).
Any fee-based service will be provided in accordance with the limits, terms and conditions set out on the Website and in these Conditions of Service. The price of paid services is due regardless of whether or not the service is used in full. 4.2 Users who activate a paid service will have the right to withdraw from the contract, without any penalty and without specifying the reason, within fourteen working days of activating the service. Users can exercise their right of withdrawal by sending a written communication by registered letter with acknowledgement of receipt within the term indicated above. The communication may also be sent by telegram, telex, e-mail or fax within the same period. In the event of a User exercising his/her right of withdrawal, Ermitage TV will reimburse the amount paid for use of the services, as soon as possible and in any case within fourteen days of Ermitage TV becoming aware of the User exercising his/her right of withdrawal. Sums are considered duly reimbursed if they are actually returned, dispatched or re-credited with value date within the term indicated above.
Notice of withdrawal must be sent to the following address:
La Machine du Temps sarl
14, Avenue de l’Opera
75001 Paris, France
info@ermitage.tv
4.3 Users may pay for services by credit card and, where provided, by PayPal or telephone credit. Ermitage TV does not process or store details of the payment methods used to make purchases (e.g. credit card numbers); such data is processed by the respective payment service providers. Indeed, payment takes place by transferring protected and encrypted data directly to the credit institute. Once the transaction has been completed, the said credit institute informs Ermitage TV of the outcome of the payment, without providing any information regarding the credit card used. For this reason, Ermitage TV has no power over any refusal of the credit card used for payment. Hence, Ermitage TV may in no way be held liable for direct or indirect consequences arising from the User’s use of a credit card to pay for the products and/or services purchased.
4.4 In the case of a subscription service paid for by credit card and/or PayPal and/or telephone credit, Users expressly authorize Ermitage TV, or any third party authorized by same, to debit their account in the amount of the weekly, monthly, quarterly or annual subscription fee, depending on the chosen offer. In this regard, the User guarantees availability of the sums required for the renewal payments, also in the case of automatic service renewals.
4.5 In the event of non-payment, Ermitage TV may, at its discretion and at any time, suspend and/or discontinue the paid service.
5. ON-AIR AND ON-DEMAND SERVICE
5.1 The free ON AIR Service allows Users to temporarily view online video content in streaming or live streaming mode.
5.2 The paid ON-DEMAND Service allows Users to stream the Website’s on-demand or live content.
Users acknowledge and agree that the On-Demand Service offers them the possibility of watching one or more content online without limits, i.e. an undefined number of times at the User’s discretion, subject to availability of the movie on the Website at the time of watching, such availability being subject to the terms and conditions stipulated by Ermitage TV with the holders of the relevant license rights. Therefore, by signing these Conditions of Service, Users agree that a particular movie available at a given time may no longer be available at a later time because, under the aforementioned license agreements, the number of viewings available for that particular movie may be exhausted. It is hereby understood that the number of available streams for a given movie is always visible to Users on the Website and that this information is updated in real time by Ermitage TV. Users are therefore invited to regularly check the remaining availability of any movies of interest on the Website.
The costs of the On-Demand Service are indicated in the Plan & Prices section of the Website.
Users who intend to subscribe to the service are subject to the payment methods indicated in article 4) above. Users may exercise their right of withdrawal from the service in accordance with the terms and methods set forth in article 4.2) above.
6. COPYRIGHT.
6.1 The Website, its constituent pages, technologies and platform, its ideas, logos, trademarks, graphics, texts, and audio/video files, and more generally any other creative element connected with the Website and its services are and will remain the property of Ermitage TV, and as such may not be reproduced, used or represented by Users, except as expressly permitted and to the extent permitted. The User is granted the non-transferable right to use the Website and/or services exclusively for private, non-commercial uses.
7. CONTENT PUBLISHED BY USERS
7.1 Any content published by Users - should Ermitage TV allow this service - is granted to Ermitage TV under a free, irrevocable and unconditional license of use. Ermitage TV will therefore be free to publish and disseminate such content through the Website or any partner websites, as well as to change their graphic appearance and format, and to translate them. Users shall be held liable for any content, material or information of any kind that they may publish, transmit, distribute or make accessible on the Website or through the services, and shall be solely responsible, also from a financial point of view, for any damage caused either directly and/or indirectly to third parties. Therefore, the User undertakes to protect and indemnify Ermitage TV for any third-party claim resulting from or related to the use of the Website and/or services.
In the event of a breach by the User of the obligations set forth herein, also upon notification by third parties, Ermitage TV reserves the right, at its sole discretion, to immediately suspend and/or terminate access to the Website and/or services, as well as to delete such contents as it considers in violation of the provisions of law, without the User being able to make claims in this regard. However, the fact that Ermitage TV has not prevented publication or deleted the User’s content does not mean that this content has been deemed acceptable by the Company. In any case, Ermitage TV invites Users – holding them otherwise responsible – not to:
a) post any personal information or images that the User wishes to keep confidential or that may allow other Users to contact him/her directly (e.g. email address or phone number), or publish data and/or information related to third parties whose prior consent has not been obtained;
b) publish any information, content or material of any kind (audio video graphics, etc.) covered by copyright without the prior authorization of the copyright holder;
c) publish content related to minors, content that is pornographic, offensive, violent or disparaging, content that incites racial hatred, infringes privacy, suggests illegal behavior, instructs on illegal activities, or encourages physical harm or insults against other Users or other groups or individuals, or more generally content that may cause offense or harm to anyone;
d) upload, publish, post, send or otherwise transmit or disseminate any material that contains viruses or other codes, files or programs created to interrupt, destroy or restrict the operation of software, hardware or third-party telecommunications facilities, interrupt normal communications, and interfere with or interrupt services and/or servers connected to the services;
e) intentionally or unintentionally infringe any applicable law or regulation.
Ermitage TV shall cooperate with the Public Authorities whenever it is required to provide data and/or information so as to trace the perpetrators of offences.
8. PRIVACY
8.1 Users’ personal data is collected and processed in order to comply with their requests regarding offers and the use of services requested. Ermitage TV guarantees its Users that it shall operate in compliance with the legislation on the processing of personal data, governed by the Privacy Code.
Information concerning the processing of personal data forms an integral and substantial part of these General Conditions and is illustrated in the Privacy Statement found in the Privacy section of the Website and in the Privacy Regulation. Upon registration, the User may be asked to consent to receiving commercial information, also through newsletters. In this case, the User will be free to give or deny his consent.
9. LIMITATIONS OF LIABILITY
9.1 The Website is offered by Ermitage TV without any guarantee of operation. Ermitage TV is committed in any case to employing the best technology and the best resources at its disposal to ensure the Website’s functionality. The User acknowledges and accepts that Ermitage TV shall in no way be held liable for delays or malfunctions in the performance of the Website dependent on events beyond its reasonable control, such as: (i) force majeure; (ii) events dependent on third parties such as, but not limited to, interruption or malfunction of telecommunications operators' services and/or power lines; (iii) malfunction of terminals or other communication systems used by the Customer.
Should the Website stop functioning, Ermitage TV undertakes to restore it as soon as possible. The User further acknowledges and accepts that Ermitage TV shall in no way be held liable for acts or omissions committed by the User contrary to the obligations taken on under these Conditions of Service, and that it cannot be held liable for malfunctions due to faults in the technology used to access the Website, improper use of said technology, and/ or improper Website access. Moreover, Ermitage TV Shall in no way be held liable by the User or by third parties for any loss of profit, loss of earnings, or any other form of lost revenue or indirect and consequential damages relating to the performance of these Conditions of Service.
Ermitage TV reserves the right at all times to suspend access to the Website and/or services without the User being able to make claims in this regard, except in the event of other, additional contractual agreements being reached in this regard with Users.
In the event of Ermitage TV ascertaining, either directly or by report, a violation of the applicable national and/or international legislation, Ermitage TV reserves the right to interrupt access to the Website or to disable the requested services, whether paid or otherwise, or to delete the User’s profile from the Company’s database. In the event of disabling one or more paid services before their natural expiry due to a violation by the User of the conditions of service, the User will not be entitled to any refund of the consideration paid. The Company reserves the right to take legal action against Users who do not act in full compliance with the provisions of these conditions.
10. APPLICABLE LAW AND JURISDICTION
10.1 These Conditions of Service shall be governed by and construed in accordance with French law.
10.2 Any disputes between Ermitage TV and Users relating or connected to use of the Website and services, and concerning the interpretation, validity or execution of this contract come under French jurisdiction and, in the event of the User not being a consumer in the meaning of the Consumer Code, shall fall within the exclusive competence of the Courts of Paris; alternatively, in the event of the User being a consumer in the meaning of the Consumer Code, they shall fall within the exclusive competence of the Court of the User’s place of residence.
10.3 Should any clause of this Agreement or any part thereof be declared invalid for any reason whatsoever, this shall not affect the validity of the remaining provisions of this Agreement, which shall remain fully in force and effective.