ARTE G.E.I.E. (hereinafter “ARTE”), which has its registered office at 4 quai du Chanoine Winterer, 67000 Strasbourg (France) and is registered in the Strasbourg Trade and Companies Register under No. C 382 865 624, provides electronic services accessible via its Web Services and on applications for mobiles and tablets.
Definitions:
For a proper understanding of these General Terms and Conditions of Use, Users should refer to the following definitions:
“Services”: refers to all electronic services provided by ARTE, in their web, mobile, tablet, TV (Hbbtv, SmartTV or TV keys) or other media versions and which are accessible via a wired or wireless network, from a browser or application, regardless of the means of access used (which includes in particular, but is not limited to, streaming devices, TV decoders provided by a third party and third-party TV channel platforms).
“Content”: refers to all audiovisual, textual, sound, graphic and photographic elements, software, applications, animations, games and the like available on the Services, and in particular the Videos accessible via the Player.
“Player”: refers to the software developed by and belonging to ARTE, which makes it possible to view ARTE’s Live broadcasts and Videos both on the Services and/or outside of the Services using the “Embed” feature, and to create sharing links using the “Share” feature.
“Videos”: refers to all audiovisual elements made available via the Player.
“Live”: refers to the simultaneous transmission of the ARTE television signal over the Internet.
“User”: refers to any person accessing the Services, regardless of the network or means used.
“MonARTE Account”: refers to a personal account created by a User, enabling access to the Content and various features pursuant to the terms set forth below.
Scope:
These General Terms and Conditions of Use govern the use of all of the Services, with the exception of ARTE Boutique, ARTE Magazine, ARTE Radio, ARTE Studio, ARTE Sales, ARTE Pro, ARTE Presse and EDUC’ARTE, which have their own terms of use.
Acceptance:
Consultation of the Services and use of the Content, as well as the use of the Player and/or its “Embed” and “Share” functions, whether on or outside of the Services, and the use of the “MonARTE” service, are governed by these General Terms and Conditions of Use.
The version of the General Terms and Conditions of Use that is applicable to this agreement is the version that is in force during each consultation of the Services and/or use of the Content and services by the User.
ARTE will notify Users registered with “MonARTE” (via its website and by sending an e-mail to the address provided by the User when registering with “MonARTE”) of any change to a feature of the “MonARTE” service or to these General Terms and Conditions of Use. Users who do not have a MonARTE account do not receive prior notice of updates to the General Terms and Conditions of Use and are therefore advised to consult the General Terms and Conditions of Use on a regular basis to be informed of any changes made and of the version in force during their use of the Services and/or of the Content and services provided.
ARTE reserves the right to take action against Users who breach these General Terms and Conditions of Use.
Each element of these General Terms and Conditions of Use is valid separately and will remain valid and applicable independently of the others. The invalidity of any clause or part of these GTCU shall not affect the validity of the remaining clauses.
ARTICLE 1 – NATURE OF THE SERVICES
Subject to the terms and conditions set forth below, the Services enable the User, inter alia, to:
- Access information about ARTE, its mission, programmes and their broadcasting;
- View certain ARTE Content live and/or on demand;
- Create and access the User’s “MonARTE” profile and related features;
- Subscribe to newsletters.
ARTICLE 2 – ACCESS TO THE SERVICES
ARTE grants the User a free, non-exclusive right of access to all of the Services for individual use or within the immediate family circle. This right of access allows the User to use the Services and the Content within the framework of these General Terms and Conditions of Use.
However, access to certain features requires User registration.
ARTE is not bound by any obligation of result with regard to the operation of the Services or the availability of the Content.
Consequently, the User expressly acknowledges that ARTE may at any time block access to all or any part of the Services or Content, in particular due to technical or legal constraints or limitations, without prior notice and at its own discretion.
ARTICLE 3 – PROTECTION OF MINORS
In the event that the User is a minor, it is reminded that the holders of parental authority are responsible for the User’s compliance with these General Terms and Conditions of Use, as they are legally bound to monitor their children’s use of the Content made available by ARTE.
The Services may contain Content that is not suitable for minors. Persons with parental authority must be aware of this and are responsible for the use of the Services by minors in their care.
If a programme may possibly offend the sensibilities of young audiences, ARTE may warn the User of the sensitive nature of said Content and/or stipulate that it will only be available on demand during certain time slots determined by ARTE (e.g. between 10 p.m. and 5 a.m. for Content not recommended for people under the age of 16 and between 11 p.m. and 5 a.m. for Content not recommended for people under the age of 18).
As part of its obligation to protect minors, ARTE has defined time slots for the provision of age-restricted content and uses an age verification solution developed by Yoti (for more information, please see Yoti’s confidentiality policy) for accessing content that is forbidden to under-16s or under-18s outside of the aforementioned time slots. In order to proceed with age verification, Users must create a MonARTE Account and provide proof of identity. They will be asked to scan the latter using the camera on their terminal (computer, cell phone, etc.). Once age verification has been carried out, no copy of the identity document or any information contained therein will be retained.
The only information that will be recorded in the MonARTE Account will be confirmation that the User is of the age required to view the relevant Content.
For information on how your personal data is processed and/or how to exercise your rights in relation to your personal data, please see our privacy policy available at ARTE and your personal data.
ARTICLE 4 – USE OF THE SERVICES
The Services and Content are protected by intellectual property rights, and in particular by copyright and trademark law.
The right of access granted to Users (cf. Article 2) does not include authorisation to reproduce or present the Services or Content. Consequently, without ARTE’s prior written authorisation, any reproduction or presentation of all or any part of the Services or Content, outside the exceptions provided for under the French Intellectual Property Code, will constitute an act of infringement and may be prosecuted before a competent court.
Users shall therefore not, under penalty of civil and/or criminal sanctions, present or have presented, reproduce or have reproduced, adapt, modify, transfer, market, distribute or imitate all or any part of the Services or Content.
Users accept ARTE’s exclusive editorial control over the Services and Content and expressly acknowledges that ARTE may at any time modify or delete all or any part of the Services or Content, without prior notice and at its sole discretion.
The Services may contain links to other Services or to services published by third parties that are related to the Content.
The use of third-party services or features is outside the scope of these GTCU and is subject to the terms of use of such services or features.
ARTICLE 5 – ACCESS TO THE CONTENT
To enable Users to access the Content, ARTE has developed a Player which offers, inter alia, the following features:
- viewing of ARTE’s Live broadcasts and online Content, with a choice of multiple language versions;
- sharing of certain Videos outside of the Services using the “Embed” function;
- sharing of certain Content using the “Share” function;
- temporary downloading of the Content using the ARTE mobile application.
For contractual reasons, ARTE may geolocate access to Live broadcasts and/or Content to restrict their availability in certain countries. Bypassing, deactivating or modifying access parameters is expressly forbidden. For more information on this see the FAQ section.
The Player is protected by copyright as software and must be used as provided by ARTE. Any modification, adaptation, deletion, decompiling or reverse engineering of the Player, its functions or its appearance is expressly prohibited without the prior written consent of ARTE. The Player may also include “pre-rolls”, i.e. short advertising or promotional messages broadcast before the Videos.
In accordance with the agreements entered into with rights holders, when used as allowed under these General Terms and Conditions of Use, the Player enables Users to view the Live broadcasts and Videos but not create a permanent copy. For certain content, only streaming using the ARTE application is authorised. Unless otherwise stated, Videos made available via the Player may not be downloaded and saved.
Consequently, regardless of the process or medium used, any saving or storage of all or any part of the Live broadcasts and/or Videos that is not permitted under the French Intellectual Property Code is expressly forbidden without ARTE’s prior written authorisation.
Furthermore, User’s should note that the publishing or making available in any way to the public of software, an application, a website or the like that makes it possible to use the Player for a purpose that is not intended hereunder, and in particular to download and copy, in whole or in part, the Live broadcasts and/or Videos, is not allowed.
5.1 Using the “Embed” function
The “Embed” function enables the User to export outside of the Services certain Videos accessible via the Player. In doing so, Users must only use the embedded code generated by the Player. Any embedding of one or more Videos using any other process (framing, etc.) is expressly forbidden.
For contractual reasons, ARTE may geolocate access to the Videos in order to limit their viewing in certain countries. Therefore, only Users with access to the Videos may use the “Embed” function to export them outside the Services.
When using the “Embed” function, Users must always ensure that the ARTE logo remains visible and must not disable the Player’s links to the Services. Users must not imply that ARTE approves of the site or the content of the Services where the Videos are embedded, that they have a partnership with ARTE or that they provide privileged access to the Videos.
ARTE reserves the right to block the “Embed” function for the Services to Users who do not have the necessary authorisations and/or do not comply with the terms and conditions set out below.
5.1.1 Restrictions on the use of the “Embed” function
The use of the “Embed” function is subject to the following conditions:
- The embedding of Videos must not attempt to completely or systematically reproduce the services provided by ARTE, nor to completely or systematically reproduce any programme or programme genre.
- Access to the embedded Videos must be subject to the same conditions as access to the Services.
- The User must not use the Player or the embedded Videos for commercial purposes and/or derive any direct or indirect financial benefit (advertising, sponsorship, subscription, etc.) or consideration whatsoever from their embedding.
Prior to any use which may fail to comply with any or all of the above conditions, Users are invited to contact ARTE to obtain the necessary authorisation.
5.1.2 Prohibited platforms
Users further undertake not to embed the Videos on platforms or services that:
- advocate discrimination, hatred or violence on the grounds of gender, race, ethnicity, origin, religion, disability, sexual orientation, political opinions, and the like;
- infringe the rights of persons and property, in particular the intellectual property rights of third parties;
- promote drugs, alcohol, tobacco or weapons;
- incite the committing of a crime and/or misdemeanor;
- are contrary to the public order and/or morality;
- contain statements that seek to hurt ARTE’s image or reputation and/or its programmes and/or their copyright holders.
5.2 Temporary downloading
The User may temporarily download certain Content available via the ARTE application and view it for a period of 72 hours or, if the Content is available on the application for a shorter period, for that duration. Such downloading may be renewed without limitation, but within the limit of the availability of the Content on the ARTE application.
5.3 User’s guarantee to indemnify
In the event that a third party takes legal action against ARTE as a result of the User’s breach of the terms of the Player’s use that has caused direct or indirect loss to the third party (for example, use of the Player that contravenes these General Terms and Conditions of Use and/or infringes the intellectual property rights of a rights holder), the User agrees to indemnify ARTE for any damages, costs and expenses incurred in proportion to its liability in the disputed acts, , including any legal fees and litigation costs that ARTE may incur as a result of said action.
ARTICLE 6 – ADAPTATION OF THE SERVICE
6.1 Adaptations of the User’s browsing
ARTE may adapt the User’s experience with Content that is deemed appropriate for the User’s areas of interest and browsing context (e.g. terminal, operating system type and version, etc.). Such adaptation may consist of content that is more relevant to the User. This adapted experience is subject to prior acceptance of cookies and other tracers that serve to personalise the Content, in accordance with our privacy policy (see ARTE and your personal data) and our cookies policy (see ARTE and cookies).
6.2 Adaptation of the MonARTE Account
In addition to messages concerning the management of their MonARTE Account, Users may receive, subject to their consent, messages concerning Content that is related to their viewing history.
6.3 Adaptation of newsletters
In addition to newsletters, Users may also occasionally receive:
- Messages concerning the management of their registration and preferences;
- Messages that promote certain programmes or events provided by ARTE or its partners (limited to two e-mails a month);
- Optional, anonymous satisfaction surveys.
ARTICLE 7 – USE OF THE “MONARTE” SERVICE
7.1 Purpose of the “MonARTE” service
Access to certain features is subject to the creation of a MonARTE account.
The MonARTE Account enables Users to add Content to favorites, check their viewing history, participate in contests, subscribe to various newsletters, and access Services provided by ARTE and other providers, and in particular ARTE France* and ARTE Deutschland**. ARTE may send a number of personalised messages to Users on the basis of or concerning their preferred Content.
Use of the MonARTE account is reserved for Users age 18 or above and who have legal capacity. Users with parental authority are responsible for the use of their accounts by their children.
*ARTE France is a French société anonyme (public limited company) having its registered office at 8 Rue Marceau, ISSY-LES-MOULINEAUX (92130) and registered with the NANTERRE Trade and Companies Register under number 334 689 122.
**ARTE Deutschland TV GmbH is a German company having its registered office at Ernst-Becker-Str. 2-8, BADEN-BADEN (76530, GERMANY) and registered with the MANNHEIM Trade and Companies Registry under number HRB 201316
7.2 How to register for a MonARTE account
The creation of a MonARTE account is subject to the prior creation of a User account.
When creating an account, Users will be asked to provide a personal identifier, a valid e-mail address and a password.
To complete the registration of the MonARTE Account, Users must confirm their registration by clicking on an authentication link sent by e-mail to their e-mail address (“opt-in with e-mail verification”).
If registration is not confirmed by clicking on the authentication hyperlink sent by e-mail to the User’s e-mail address (opt-in with e-mail verification), data will be deleted fourteen (14) days after the e-mail is sent.
7.3 MonARTE account common to all ARTE Services and ARTE entities
The creation and management of the MonARTE account is carried out using the single sign-on system (hereinafter “SSO”), which is used in particular by certain Services offered by ARTE and by other ARTE entities , including ARTE France and ARTE Deutschland. This system enables ARTE to recognize the User on all its Services. When Users create an account on the MonARTE space, they consent to the use of their personal data as described in detail in ARTE’s privacy policy (see “ARTE and your personal data”).
7.4 Deleting the MonARTE account
7.4.1 Deletion of the MonARTE Account at the User’s initiative
You can delete your MonARTE Account at any time by logging into your MonARTE Account and going to your profile on the website or on an iOS or Android mobile application.
If you ask us to delete your MonARTE Account while you have a purchase in progress on one of the Services, for example a VOD purchase on Arte Boutique, you will lose access to this Content. For more information refer to the general terms and conditions on the ARTE Boutique.
7.4.2 Deletion of the MonARTE Account at ARTE’s initiative
ARTE reserves the right to delete inactive MonARTE Accounts. In such an event, and in accordance with the management of User personal data, Users who have not used their MonARTE Account for 18 (eighteen) months will receive an e-mail sent to the address they used as their login inviting them to reconnect to their MonARTE Account if they wish to keep it.
Users may refuse to receive any further reminders prior to the deletion of their MonARTE Account by deleting the account themselves and may use the hypertext link at the end of the e-mail message to do so. If they fail to do this and have not reconnected to their MonARTE Account in response to said e-mail message(s), they will be informed by e-mail of the automatic deletion of their Account on expiry of a period of 7 (seven) days. If they fail to reconnect to their MonARTE Account within this period, it will be automatically and permanently deleted by ARTE.
7.5 “MonARTE” and your personal data
When using the Services, in particular when creating and/or using a MonARTE Account, ARTE is required to process personal data within the meaning of Regulation (EU) 2016/679 of 27 April 2016 (the GDPR regulation), i.e. information relating to identified or identifiable natural persons, directly or indirectly.
In this respect, ARTE undertakes to comply with the regulations applicable to the protection of personal data and, in particular, with Regulation (EU) 2016/679 of April 27, 2016 as well as French Law No. 78-17 of January 6, 1978 as amended.
Users have the right to access, rectify, oppose, delete or limit the processing of their personal data, and the right to data portability. In addition, Users have the right to withdraw their consent at any time when it is necessary for the processing of their personal data, and are entitled to lodge a complaint with the supervisory authority of their choice, such as the French Data Protection Authority (Commission nationale de l’informatique et des libertés).
To find out more about the processing of their personal data and their rights in this respect, Users are invited to refer to ARTE’s privacy policy, which can be found at ARTE and your personal data.
ARTICLE 8 – NEWSLETTERS AND MESSAGES
Welcome and guidance messages
When Users have registered, ARTE may send electronic messages to their e-mail address enabling them to activate their MonARTE Account, learn how to use the Services and/or access Content. This applies in particular to messages concerning Newsletters or mobile applications that enable access to all or some of the Services.
Users may, at any time, choose not to receive such messages by clicking on the unsubscribe link provided in each welcome and guidance message.
Newsletters
Subscription
ARTE may provide various newsletters to which Users may subscribe and/or unsubscribe at any time from their MonARTE Account or a dedicated insert.
Subscription to a newsletter is subject to the User’s prior consent by means of a simple e-mail address.
Once subscribed, Users will be invited to personalise the editorial content of their newsletters.
Users who do not have a MonARTE account must click on the authentication hyperlink sent to the address they have provided (opt-in with e-mail verification).
The data of Users who do not confirm their subscription by clicking on the authentication hypertext link in the email message within fourteen (14) days of its reception will be deleted from ARTE’s servers.
Unsubscribe
You can unsubscribe from a newsletter at any time by clicking on the unsubscribe link in the newsletter.
In managing a User’s personal data, ARTE may unilaterally unsubscribe a User from a newsletter if the User has not read a newsletter message over the past 18 (eighteen) months.
Personalised recommendations
ARTE may, with the User’s prior consent, send messages to the User concerning Content that may be of interest to the User based on his/her use of the Services. These messages may concern Content that will soon be unavailable from the Services or Content added to the User’s favorites (for example, to announce the release of a new episode of a programme added to the User’s favorites).
Users may at any time choose to no longer receive such messages by choosing the appropriate setting on their MonARTE Account, which they may access by clicking on the link provided for this purpose in each e-mail message of this type.
Other messages from ARTE
ARTE may also send Users the following messages:
- Messages concerning the management of their newsletter subscription;
- Messages to promote certain programmes, events or services provided by ARTE (limited to two messages à month);
- Messages to promote certain programmes, events or services provided by ARTE’s partners (limited to two messages a month);
- Optional and anonymous satisfaction surveys.
To find out more about the processing of their personal data in respect of newsletters and messages, and about their associated rights, Users are invited to refer to ARTE’s privacy policy, which can be accessed by clicking “ARTE and your personal data”.
ARTICLE 9 – ASSISTANCE WITH CONTENT SELECTION
To personalise their experience of the Services, ARTE may make available to Users features designed to help them discover and select Content tailored to their preferences.
9.1 The “For me” feature
ARTE provides Users with a feature called “For me”, which is designed to help them discover our catalogue of Content by offering recommendations tailored to their interests and preferences.
When creating their MonARTE Account or thereafter, Users will be presented a list from which they may select the categories of Content they prefer and which will serve to guide the recommendations initially displayed in their “For me” space. These recommendations may subsequently evolve according to the User’s use of the Services (for example, according to the Content the User has viewed and/or bookmarked).
To find out more about the processing of their personal data in connection with their use of this feature, Users are invited to refer to ARTE’s privacy policy by clicking “ARTE and your personal data”.
9.2 Conversational agent (chatbot)
ARTE provides some Users who have a MonARTE Account with a Content selection assistant consisting of a chatbot that is available in a limited beta version and which makes personalised Content recommendations.
The use of this chatbot is governed by specific terms of use that are accessible at chatbot.arte.tv. For more information about the processing of their personal data in relation to their use of this chatbot, Users are invited to refer to ARTE’s privacy policy.
As this chatbot implements artificial intelligence, it may provide incorrect information, such errors being inherent to the “probabilistic” operation of artificial intelligence. Therefore, Users who doubt the information provided by the chatbot (e.g. broadcast times or programme details) are advised to check this information against other sources, such as the ARTE GEIE programme guide or the arte.tv website.
ARTICLE 10 – LIMITATION OF WARRANTY AND LIABILITY
10.1 General provisions concerning the User’s and ARTE’s liability
By using the Services or the Content, Users warrant that they have the appropriate skills, hardware and software to safety use said Services and the Content and, more generally, the Internet.
Users are aware of how the Internet functions and is used and accept this, and in particular the technical limitations to its performance and response times and the security risks to which communications are exposed.
ARTE shall not be liable for indemnifying any property damage and/or consequential loss suffered by a User and/or a third party, of any kind whatsoever, and for which ARTE cannot be shown to be responsible.
10.2 Malfunctioning or discontinuity of operation of the Site, the Content, the Internet or services
ARTE does not guarantee that the Services and Content will be free from anomalies, errors or bugs, or that they will function continuously. ARTE may accordingly freely determine a period of time during which the Services and Content may not be available, due, inter alia, to a technical reason, or in order to improve the services provided or optimise their use.
In the absence of a public policy provision to the contrary, ARTE shall not be held liable for any malfunctioning of the Services, the Content, the Internet network or for any discontinuity of service, regardless of the nature and duration of such malfunctioning or discontinuity.
10.3 Data loss, viruses and intrusion
Similarly, ARTE will not be held liable for any loss arising from the use of the Services, the Content or the Internet network, such as a loss of data, computer intrusion, viruses or other involuntary problems, unless it can be shown that ARTE has failed in its obligation to employ appropriate means to ensure data security. In any event, ARTE will not be held liable for any loss attributable to force majeure.
10.4 Connection and communication costs
Likewise, ARTE shall not be liable for any connection costs or for any communication costs in general incurred in accessing and using the Services and Content.
ARTICLE 11 – APPLICABLE LAW – JURISDICTION
These General Terms and Conditions of Use are governed by French law.
The French language version of these General Terms and Conditions of Use shall prevail.
For Users acting in a professional capacity, any disputes arising from the interpretation or application of these GTCU shall be brought before the competent courts of Strasbourg.
Identification:
ARTE G.E.I.E., Groupement Européen d’Intérêt Economique registered with the Strasbourg Trade and Companies Register under No. C 382 865 624, having its registered office at 4 quai du chanoine Winterer, 67000 Strasbourg (France).