General Conditions of Use

ARTE G.E.I.E. (hereinafter “ARTE”), the registered office of which is at 4 quai du Chanoine Winterer, 67000 Strasbourg (France) and which is registered at the Strasbourg Commercial and Companies Registry under the number C 382 865 624, publishes electronic services accessible on its websites and using mobile and tablet applications.

 

Definitions :

For a better understanding of these General Conditions of Use, users should refer to the following definitions:

“Sites”: means all the electronic services published by ARTE, in their web, mobile and tablet versions, accessible via a wired or wireless network using a browser or an application, irrespective of the means used to access them.

“Content”: means all the audiovisual, textual, sound, graphical and photographic elements of the software, applications, animations and games, etc., available on the Sites, and particularly the Videos offered by means of the Player.

“Player”: means the software developed by and belonging to ARTE, allowing the viewing of the channel’s Live broadcasts and of Videos put online by ARTE, on and/or off the Sites using the “Join” function, and the generation of sharing links using the “Share” function.

“Videos”: means all the audiovisual items offered by means of the Player.

“Live”: means the simultaneous broadcast on the internet of ARTE’s television signal.

“User”: means any person accessing the Sites regardless of the network or means used.

 

Scope of the General Conditions of Use

Les présentes conditions générales d’utilisation régissent l’utilisation de l’ensemble des Sites, à l’exception des sites ARTE Boutique, ARTE Magazine, ARTE Radio, ARTE Pro et EDUC'ARTE qui disposent de conditions d’utilisation particulières.

 

Acceptation des conditions générales d’utilisation :

These General Conditions of Use govern the use of all the Sites, with the exception of the ARTE Boutique, ARTE Magazine, ARTE Radio and ARTE Pro sites which have special conditions of use.

Acceptance of the General Conditions of Use:

Consultation of the Sites and use of the Content, as well as use of the Player and/or of its “Join” and “Share” functions, whether on or off the Sites, are governed by these General Conditions of Use.

The applicable version of the General Conditions of Use is the version in force during each consultation of the Sites and/or use of the Content by the User.

However, ARTE may update the General Conditions of Use without the User being warned in advance. Users are therefore advised to consult the General Conditions of Use regularly so as to be aware of any amendments made thereto and of the version in force at the time of consultation of the Sites and/or use of the Content.

In the event that the User is a minor, those with parental authority are responsible for ensuring compliance by the User with these General Conditions of Use. They are legally bound to monitor their child’s use of the Content made available by ARTE.

ARTE reserves the right to make a claim against the User in the event of breach by the User of these General Conditions of Use.

Each point of these General Conditions of Use is valid separately and shall remain valid and applicable independently of the others.

 

The sites

ARTICLE 1 – THE PURPOSE OF THE SITES

Among other things, the sites allow the User:

  • To consult information relating to the channel, its mission, its programmes and their broadcast;
  • To view certain programmes of the channel live and/or on demand;
  • To consult pages relating to the channel’s programmes and which are the extension of its activity onto the internet;
  • To share certain links by e-mail, on social networks or on other sites;
  • To post comments on the participation areas of the Sites;
  • To take part in games subject to particular rules.

 

ARTICLE 2 – ACCESS TO THE SITES

ARTE grants the User unrestricted, free and non-exclusive right of access to all the Sites for the purpose of individual consultation or consultation strictly in the context of the family circle. This right of access allows the User to consult the Sites and to use the Content in the context of these General Conditions of Use.

However, certain services offered on the Sites require the User to register. For example, the publication of comments on the participation areas (cf. Article 5 below).

ARTE is not subject to any strict obligation with regard to the functioning of the Sites and the availability of the Content.

Consequently, the User expressly acknowledges that ARTE may at any time block access to all or part of the Sites or of the Content, particularly by reason of constraints or limitations of a technical or legal nature, without prior notice and in its sole discretion.

 

ARTICLE 3 – USE OF THE SITES

The Sites and the Content are protected by intellectual property rights, and in particular by copyright and trademark law.

The right of access granted to the User (cf. Article 2) does not include any authorisation to reproduce or rebroadcast the Sites or the Content. Accordingly, any reproduction or rebroadcast of all or part of the Sites or of the Content, other than in the exceptional legal cases provided by the Intellectual Property Code, without ARTE’s prior authorisation in writing, will constitute an act of counterfeiting and may be the subject of a claim in the competent courts.

Users therefore agree, subject to civil and/or criminal penalties for non-compliance, not to rebroadcast or copy, or arrange to rebroadcast or copy, or adapt, amend, transfer, market, distribute or imitate all or part of the Sites or of the Content.

Users accept that ARTE has exclusive editorial control of the Sites and the Content. They expressly acknowledge that ARTE may at any time amend or delete all or part of the Sites or of the Content, without prior notice and in its sole discretion.

The Sites may contain links to other sites or services published by third parties in relation to the Content. ARTE endeavours only to offer the User links to sites or services that are free from anomalies, errors or bugs, but it cannot guarantee that their use will not pose any risk to the User.

Consequently, the use of sites or services published by third parties is excluded from the scope of these General Conditions of Use and shall take place subject to the conditions of use specific to those sites.

The Sites may contain Content that is not appropriate for minors. Persons with parental authority must be aware of this and monitor the use that minors in their charge make of the Sites.

In this context, if a programme is likely to be unsuitable for a young audience, ARTE may warn the User of the sensitive nature of that programme and/or arrange for it only to be available on demand between 11 p.m. and 5 a.m.

 

The video player

ARTICLE 4 – USE OF THE PLAYER

ARTE has developed an exportable player that allows the User:

  • to view the channel’s Live broadcasts and the Videos put online by ARTE and to choose between the various language versions available;
  • to share certain Videos off the Sites using the “Join” function;
  • to share part of the Content by e-mail or on social networks using the “Share” function.

For contractual reasons, ARTE is likely to geolocate access to the Live broadcasts and/or Videos in order to restrict their viewing from certain countries. Bypassing, deactivating or altering the conditions of access is expressly prohibited. For more information on this point, consult the FAQ.

The Player is protected by copyright as software and must be used in the form supplied by ARTE. Any modification, adaptation, deletion, decompilation or reverse engineering of the Player, its functionalities or its appearance is expressly prohibited without ARTE’s prior authorisation in writing. The Player may also carry “pre-rolls”, that is to say short advertising or promotional messages broadcast before the start of the Videos.

In accordance with the contractual provisions agreed with the rights holders, normal use of the Player as authorised by these General Conditions of Use allows the User to view the Live broadcasts and the Videos without the ability to save them. Unless stated to the contrary, it does not allow the final and permanent downloading of the Videos offered by means of the Player.

Consequently, any saving regardless of the process or medium used for that purpose, of all or part of the Live broadcasts and/or of the Videos, which is not in the context of a legal exception provided by the intellectual Property Code, is expressly prohibited without ARTE’s prior authorisation in writing.

In the same way, Users are reminded that editing, or making available or communicating to the public any software, application, site, etc., that allows the normal use of the Player to be bypassed, particularly in order to definitively and permanently download all or part of the Direct broadcasts and/or of the Videos, is not allowed.

 

4.1 Use of the “Share” function

The “Share” function allows the User to share links by e-mail or on social networks that refer to the pages of the Sites containing Videos. In order to do this, the User simply has to copy the link generated by the Player and attach it to the e-mail or to the intended site.

 

4.2 Use of the “Join” function

The “Join” function allows the User to export certain Videos offered by means of the Player, off the Sites. In order to do this, the User must only use the embed code generated by the Player. Any joining of one or more Videos using another process (framing, etc.) is expressly prohibited.

For contractual reasons, ARTE is likely to geolocate access to the Videos in order to restrict their viewing from certain countries. Thus, only Users with access to the Videos may validly use the “Join” function to export them off the Sites.

When using the “Join” function, Users must always ensure that the ARTE logo remains visible and that they do not deactivate the Player’s links to the Sites. Users must not imply that ARTE approves of the site or of the content of sites including the Videos, that they are in partnership with ARTE or that they are offering privileged access to the Videos.

ARTE reserves the right to block the “Join” function for sites or services that do not have the necessary authorisations and/or that do not comply with the conditions set out below.

 

4.2.1 Conditions of use of the “Join” function

Use of the “Join” function is only allowed if the following conditions are met:

  • The purpose of integrating Videos is not to take over the services published by ARTE, whether in full or systematically, or to take over a programme or genre of programme, whether in full or systematically.
  • Access to integrated Videos must be provided under the same conditions as on the Sites.
  • Users must not make any commercial use of the Player and of the integrated Videos and/or must not derive any direct or indirect financial advantage (advertising, sponsorship, subscription, etc.) or consideration of any kind from their integration.

Before any use that might fail to satisfy the cumulative conditions set out above, Users are asked to make contact with ARTE in order to obtain an authorisation, if necessary.

4.2.2 “Integrate” function destination sites

Users also undertake not to integrate Videos on sites or services in the following categories:

  • sites promoting discrimination, hatred or violence on the grounds of race, ethnicity, origin, religion, disability, sexual orientation, political opinions, etc.;
  • sites infringing personal and property rights, and particularly the intellectual property rights of third parties;
  • sites promoting narcotics or the alcohol, tobacco and arms industries;
  • sites encouraging the commission of crimes and/or offences;
  • sites contravening public order and/or infringing public morals;
  • sites containing comments deliberately harmful to the image or reputation of the channel and/or of its programmes and/or of their rights holders.

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4.3 Indemnities given by the User

In the event that a third party brings a legal action against ARTE as a result of a breach by the User of the conditions of use of the Player that has caused direct or indirect loss to the third party (for example use of the Player in breach of these General Conditions of Use and/or which infringes the intellectual property rights of a rights holder), the User agrees to indemnify ARTE in proportion to its liability for the commission of the disputed acts, in respect of its damages, costs and expenses, including any legal fees and litigation costs that ARTE might be obliged to incur by reason of that action.

 

The participation areas

ARTE makes participation areas available to Users where they can share their comments on and reactions to the channel’s programmes. The participation areas are generally located at the bottom of the page under the Player.

Use of the participation areas is governed by these General Conditions of Use.

In order to participate, Users must be adults and have legal capacity, or, if they are minors, must have obtained their parents’ or guardians’ authority to use the Sites.

 

ARTICLE 5 – USE OF THE PARTICIPATION AREAS

ARTE makes participation areas available to Users where they can share their comments on and reactions to the channel’s programmes. The participation areas are generally located at the bottom of the page under the Player.

Use of the participation areas is subject to the unreserved acceptance and application of these General Conditions of Use.

Users must certify that they are adults and have legal capacity, or, if they are minors, that they have obtained their parents’ or guardians’ authority to use the Sites.

 

5.1 Terms of access to the participation areas

In order to post a comment, Users must:

  1. Click on the tab “Take part in the discussion”;
  2. Identify themselves on Disqus either using a Facebook, Google or Twitter account, or by specifying their name or pseudonym (which must not be contrary to public order and/or infringe third party rights) and a valid e-mail address. Users will then be identified as the author of the comment by their name or pseudonym. No other information concerning Users will be communicated to the public.
  3. Enter the comment;
  4. Send the comment.

Comments sent in this way will be posted in the participation areas located beneath the Videos and will be retained for a period of three years unless the User asks for them to be deleted or ARTE decides to remove them for the reasons set out below.

Users are responsible for any misuse and/or for any actions taken using their name or pseudonym. In the event of misuse of a pseudonym or impersonation of a User, the User undertakes to inform ARTE, without delay.

 

5.2 Users’ obligations in the participation areas
  1. The User is responsible for the comments that it posts in the participation areas of the Sites. Accordingly, the User undertakes, in particular, to comply with the laws and regulations in force, and particularly:
  • the provisions relating to privacy, personal image and property rights, intellectual property law (particularly copyright and trademark law) and press law (particularly in the area of defamation, incitement to racial hatred or violence, revisionism or Holocaust denial, etc.),
  • the rules relating to public order and public morals, and particularly the regulations applicable with regard to pornographic and paedophile content.
  1. In particular, Users undertake:
  • not to pass themselves off as another person or to express views on behalf of a company, association, etc. without being authorised to do so;
  • not to be aggressive or violent;
  • not to distribute deliberately false information;
  • not to disclose confidential information;
  • not to upload items containing viruses;
  • not to harass other Users or third parties in any way whatever, and in particular by the repetition of identical or similar messages;
  • not to make comments inciting hatred, violence, suicide, terrorism, the practice of illegal activities or the commission of crimes or offences;
  • not to make comments of a discriminatory, racist, xenophobic, anti-Semitic, homophobic or pornographic nature, or in the nature of Holocaust denial or paedophilia, etc.,
  • not to advertise any brand, product or service;
  • not to gather and retain other Users’ personal information;
  • not to manipulate their pseudonym is such a way as to conceal the origin of the message uploaded to the Sites;
  • not to behave in such a way as to harm ARTE’s image and/or reputation.
  1. Users undertake not to use their comments to promote websites that contravene these General Conditions of Use, and particularly not to insert HTML links in their comments to sites that contravene these General Conditions of Use.
  2. Users undertake to provide ARTE with accurate information so that it can contact them if necessary.
  3. Users can report to Disqus any comments that they regard as constituting abuse by clicking on the “Report abuse” icon.

 

5.3 Moderation of the participation areas

Comments sent by Users are liable to be moderated by ARTE in the light of these General Conditions of Use either before or after their publication on the Sites.

Comments posted on the programmes guide and on the  Info and  Cinema sites will be moderated before publication by the editorial team. On the Future and Concert sites, they will be moderated afterwards.

In the case of moderation before publication, Users will be informed at the time of sending in their comments.

ARTE reserves the right, without notifying Users in advance, to delete or not to publish all or part of any comments that contravene these General Conditions of Use or the laws and regulations in force.

ARTE may also temporarily or permanently prohibit access to the participation areas to Users who infringe these General Conditions of Use.

Users may also ask ARTE to delete their comments at any time by sending an e-mail containing the following information: the title of the message and its publication date, the name or pseudonym of the User and the URL of the participation areas concerned.

 

5.4 Users’ responsibilities, warranties and indemnities

Users accept that the comments that they post will be made available to the public in the participation areas. Accordingly, they authorise ARTE, free of charge, to communicate them to the public on the Sites, regardless of the process or means used to access them. They also accept that comments may be withdrawn from the Sites by ARTE, without prior warning.

Users warrant to ARTE that they have any authorisations that might be necessary for the publication and/or sharing of the comments that they post on the participation areas of the Sites, particularly having regard to privacy, personal image and property rights and intellectual property law (copyright and trademark law, etc.).

Users acknowledge and accept that the comments that they post on the participation areas of the Sites are their responsibility and they indemnify ARTE against any complaints or claims that might be made against ARTE in relation to the comments posted by them.

If Users insert HTML links in the comments that they post, they are responsible for their reliability and compatibility with these General Conditions of Use, including with regard to the content, products and services, etc. offered on the sites to which those links point.

 

5.5 Personal information

By voluntarily uploading comments to the participation areas of the Sites, Users acknowledge and accept that they will be made accessible to the public on the Sites and that ARTE does not have the technical means to prevent their potential collection and retention by other Users. Their subsequent use off the Sites is not in any way under ARTE’s control, and ARTE cannot be held liable in that respect.

Pursuant to the Data Protection Law no. 78-17 of 6 January 1978, Users who upload comments to the Sites have a right to access, correct and object to data concerning them.

In order to exercise those rights, Users can at any time ask to do so by sending an e-mail to ARTE’s Data Protection Correspondent at the following address: correspondantinformatiqueetlibertes@arte.tv.

Users can thus require information concerning them which is inaccurate, incomplete, ambiguous, out of date or the collection, use, communication or retention of which is prohibited, to be corrected, completed, clarified, updated or deleted.

For information on the protection of personal data relating to use of the participation areas, see ARTE and your online privacy.

 

5.6 Reservations

ARTE reserves the right, at any time and in its sole discretion, to keep online, delete or moderate all or part of the items in the participation areas without having to inform Users in advance and without incurring any liability in that respect.

ARTE disclaims any liability for the deletion of comments published in the participation areas of the sites.

 

Limitation of warranty and of liability

ARTICLE 6 – LIMITATION OF WARRANTY AND OF LIABILITY

The Sites and the Content are made available as they stand and subject to their availability. Since it is in fact subject to an obligation to use reasonable care, ARTE cannot be held liable for any damage other than personal injury, regardless of the nature thereof, resulting from the unavailability of the Sites and/or of the Content.

Furthermore, by using the Sites or the Content, Users warrant that they have the appropriate abilities, equipment and software to use the Sites and the Content, and more generally the Internet, without risk.

Users are fully aware and bear the consequences of the characteristics of the internet and its use, and in particular of the limitations associated with technical performance, response times and the risks associated with the security of communications.

Consequently, ARTE gives no warranty that the Sites and the Content will be free of anomalies, errors or bugs, or that they will function without breakdown or interruption. In this respect, ARTE can freely determine any period of unavailability of the Sites and of the Content, for technical reasons, to improve the services offered or to optimise their use.

In the absence of mandatory legal provisions to the contrary, ARTE cannot be held liable for the malfunctioning of the Sites, the Content or the internet, or for any interruption of the service, regardless of the nature and duration thereof.

In the same way, ARTE cannot be held liable for any damage resulting from use of the Sites, the Content and the internet such as loss of data, computer intrusion, viruses or other unintentional problems, or for cases of force majeure as defined by the case law of the French Supreme Court.

In general, ARTE cannot be held liable for any damage other than personal injury (including direct, personal and certain damage) suffered by Users and/or by third parties in respect of which it is proved that actions on ARTE’s part were not the cause of such damage.

Consequently, having regard to its obligation to use reasonable care, ARTE will not be liable to compensate pure economic and physical losses other than personal injury, or to compensate damage suffered by third parties, of any kind in respect of which it is proved that actions on ARTE’s part were not the cause of such damage.

In the same way, ARTE cannot be held liable for connection costs, and in general, for any communication costs incurred as a result of access to and use of the Sites and the Content.

ARTE disclaims any liability for potential malfunctions or unavailability of the service regardless of the cause:

  • of the data loss;
  • of the consequences of any viruses;
  • of an event of force majeure as defined by the case law of the French Supreme Court.

Applicable law

ARTICLE 7 – APPLICABLE LAW AND JURISDICTION

These General Conditions of Use are subject to French law.

The French version of the General Conditions of Use is the authentic version.

In the case of Users acting as professionals, any disputes arising from the interpretation or application of these General Conditions of Use will be referred to the competent courts of Strasbourg.

Identification:

ARTE G.E.I.E., A European Economic Interest Grouping registered at the Strasbourg Commercial and Companies Registry under the number C 382 865 624, the registered office of which is at 4 quai du Chanoine Winterer, 67000 Strasbourg (France).