General terms and conditions of use (T&C)
These General Terms and Conditions of Use ("T&C") govern all relationships between Users of the site www.myproductplacement.com ("SITE") and BE MY GUEST ("BMG LTD"), the company editing the aforementioned site, incorporated under the laws of England, registered with the Register of Companies for England and Wales, under n° 7608885, registered office at 311 Ballards Lane London United Kingdom N12 8LY, represented by its director Mr. Raphaël Aflalo.
The purpose of the SITE is to bring together in a working relationship, ARTISTs or their agents, and advertisers or representatives of all branded services or products, for the purpose of facilitating the placement of products in the videotapes of said ARTISTs.
When creating an ACCOUNT, the USER acknowledges that he has read the T&C, and expressly signals acceptance of the T&C by ticking the box "I accept the General Terms and Conditions of Use".
The ACCOUNT of each USER shall be checked and validated by BMG LTD.
The User is informed that BMG LTD can change, at any time, these T&C, which are binding upon the USER, within 72 hours of the updated T&C being put online on the SITE. For information purposes, any such modifications shall be highlighted on the SITE for a period of 72 hours. The USER acknowledges and accepts that using the SITE after the date of modification is tantamount to his express, unreserved acceptance of the T&C.
A USER cannot use the SITE unless he is in a position to do so from a legal point of view, and if his ACCOUNT has not been deleted.
These T&C constitute all enforceable contract documents between BMG LTD and the SITE USERS.
"ARTIST" designates a performer or a group of performers who have signed up to the SITE and hold an ACCOUNT.
"ARTIST’s Agent" represents any physical or moral person with a contract link between the ARTIST, enabling said person to represent the ARTIST and sign contracts in his name and/or on his behalf regarding the usage of the Service available on the SITE.
"ACCOUNT" designates the private pages of a SITE USER where he can enter, consult and change his Identifiers and personal information, and manage his PROFILE.
"Visual Elements" designates, amongst other things, videographic, photographic pictorial elements, and similar, which the USER decides to publish on the SITE.
"Identifiers" designates the username ("login" or e-mail address) as well as any confidential code or "password" chosen by the USER, and used by the latter to identify himself for the purpose of creating, and accessing, his ACCOUNT.
"USER" designates a physical or legal person signed up to the SITE, and holding an ACCOUNT.
"Service" designates the service rendered as part of these T&C.
"SITE" designates the Internet site http://www.myproductplacement.com, or any other URL which could replace the said site as chosen by the BMG LTD.
2. GAINING ACCESS TO THE SITE
USERS can access the SITE at no cost, where they can consult its editorial content.
SITE access gives USERS a private right of use, non-collective and nonexclusive, to the SITE's content.
BMG LTD reserves the right, notably for reasons of corrective or upgradeable maintenance, to temporarily suspend access to the SITE, or a part thereof.
All hardware and software required to use the Service must be provided by, and the cost thereof paid by, the USER.
The USER bears sole responsibility for the manner in which the said USER’s identifiers are used, and BMG LTD shall not incur any liability in the event of loss, misappropriation or fraudulent usage thereof by a third-party.
Any SITE access and/or usage, and transmission of data done from an ACCOUNT shall be considered as having been done by the concerned USER.
Notwithstanding the preceding, the USER shall inform BMG LTD without delay of any loss, misappropriation or fraudulent usage of his Identifiers by a third-party, as a result of which said third-party gained, or has current, access to said User's account. To this end, the USER shall send an e-mail to the following address: email@example.com or land mail to the registered office address given above, giving the User's last name, first name and username
3. REGISTERING AS A USER
Registering as a USER gives access to an ACCOUNT. Each ACCOUNT is unique, accessible exclusively by means of the Identifiers.
An ACCOUNT shall only be activated once the Identifiers and the nominative data provided by User as stated at article 6 A) below have been validated by BMG LTD.
4. CONDITIONS OF SITE USAGE APPLICABLE TO USERS
The USER gives a commitment not to create nor use on the SITE, be this under his own identity or under the identity of a third party, any ACCOUNT other than the ACCOUNT initially created in his name.
Any USER creating or using new accounts, be this under his own identity or under the identity of a third-party, without having first requested and obtained written authorization to do so from BMG LTD runs the risk of having his ACCOUNT (or ACCOUNTS) immediately suspended, without prior notice. Moreover, USERS commit not to creating a false identity of a nature to lead BMG LTD or any other third party into error, and not to usurp the identity of any other physical or legal person.
In order to make sure that the provisions of the previous paragraph are respected, BMG LTD shall be entitled to oblige USERS to prove their identity, by any available means. Should the USER in question fail to do so within 7 (seven) days counting from BMG LTD's request, his Account(s) shall be suspended as set forth above.
5. SERVICE OPERATION, REMUNERATION & EXCLUSIVITY GRANTED TO BMG LTD
The site www.myproductplacement operates as a platform bringing together ARTISTs and/or their agents, or advertisers or any other representative of a branded product or service.
Once the ARTIST’s ACCOUNT has been created and validated, the ARTIST can post information (creative brief, shooting budget, production budget, etc.) about the videotape he wants to make.
Once this information has been posted, any brand representative or advertiser with a valid ACCOUNT can select the project of an ARTIST of his choice.
BMG LTD shall then assess the potential interest in bringing together the ARTIST, his agent, and the brand representative or advertiser; this shall consist in one or several meetings in BMG LTD's premises, or any other place chosen by BMG LTD.
On completion of these meetings organized by BMG LTD, the advertiser or the brand representative can decide to participate, or not, in the financing of the ARTIST’s video clip, in exchange for the placement of a product of the brand in question.
As set forth in an agreement negotiated in good faith by the parties, the advertiser or brand representative who has accepted to finance some or all of the ARTIST’s videotape in exchange for placement of a product of the brand in question, shall state the financial amount he is willing to commit to the production of the said video clip.
In accepting these T&C, Service USERS give a firm commitment not to work with each other directly (i.e. bypassing BMG LTD) by way of a partnership similar in purpose to the Service proposed by the SITE, unless and until BMG LTD has given its agreement to do so; this commitment not to work together directly shall apply for a period of 1 year counting from validation of their ACCOUNT by BMG LTD.
The deletion of an ACCOUNT, for whatever reason, shall not have any impact on the exclusivity given above by the USER to BMG LTD; it shall continue to apply unchanged unless and until BMG LTD give a written agreement to the contrary.
BMG LTD hereby informs USERS that it reserves the right to launch legal proceedings against any USERS who fail to respect the exclusivity so granted.
6. PERSONAL DATA
A) NOMINATIVE DATA
Nominative data collected and subsequently processed by the SITE is that data which the USER voluntarily provides to the SITE, notably when completing registration forms.
Users commit to providing complete, up-to-date and accurate information, and to immediately informing BMG LTD of any changes thereto, by sending an e-mail to firstname.lastname@example.org, and to immediately making the corresponding changes to their ACCOUNT.
In order to be able to create an ACCOUNT, the USER must create his Identifiers and complete all mandatory fields, notably:
- Company name and position in the company.
- Identity (last name and first name).
- Address, postcode, town & country of the company.
- Telephone number of the company.
- Professional e-mail address.
- Password (chosen by user).
B) PROCESSING PERSONAL DATA AND MAKING DECLARATIONS TO THE INFORMATION COMMISSIONER'S OFFICE
The SITE itself as well as files with nominative information have been declared to the Information Commissioner's Office, in accordance with the 1998 Data Protection Act and the 2003 Privacy & Electronic Communications Regulations (EC Directive).
In keeping with the above regulations, any USER filling in an online registration form has the right to access, consult, change and remove data concerning said USER. To exercise this right, simply send a land mail to the registered office address given above or an e-mail to email@example.com, detailing the following: last name, first name, date and place of birth, postal address, e-mail and Identifiers.
Users are informed that once their ACCOUNT has been deactivated, for whatever reason, their personal data can be kept for a time period required for said conservation, in keeping with the applicable rules and regulations. After this time, the USER‘s personal data shall be deleted from the BMG LTD servers, and the related Identifiers shall be available to other users signing up to the SITE.
7. LIMITS OF LIABILITY
It is expressly here stated that BMG LTD bears liability for the provision of an obligation of means as regards the supplying of the Service.
BMG LTD shall not however incur any liability in relation to USER activities nor in relation to information stored on its servers, including Visual Elements, assuming BMG LTD was not aware of their illicit nature or if, on first becoming aware thereof, BMG LTD intervened rapidly to remove said illicit data or to block access thereto.
The USER expressly states that he is the owner of the rights required to exploit Visual Elements on the Site and shall defend, indemnify and hold harmless BMG LTD against any third-party claims in connection with Visual Elements.
Moreover, BMG LTD shall not incur any liability with respect to the USER for any prejudice which the latter could suffer in the case of a force majeure, owing to the actions of a third party or its own actions, or to negligence or imprudence.
The parties expressly acknowledge that any confidential information (title of a musical work not yet released; creative brief for a videotape not yet entered into production; etc.) furnished to BMG LTD shall only be used by BMG LTD for strictly professional reasons, and shall not be shared with third parties not signed up to the SITE unless and until prior authorization to do so has been granted by the USER who originally posted said information.
Only Users who have signed up to the SITE shall have access to this information.
BMG LTD shall take all technical measures necessary to ensure that information so provided by USERS does not leak outside the SITE.
However, BMG LTD shall not incur liability if any information provided by the USER is actually disseminated outside of the SITE unless it can be proven that the leak was caused by a fault on the part of BMG LTD; this proviso is expressly accepted by the USER.
The USER acknowledges that the guarantees and liability limitations stipulated above create, between the parties, a reasonable apportionment of risk and responsibility given the context and conditions of rendering of the Service. The USER is hereby informed, and is aware, that BMG LTD would not have signed this contract without the guarantee and liability limitations established above.
8. DURATION OF THE RELATIONSHIP WITH BMG LTD
These T&C apply throughout the entire process, from the creation, by the USER, of his ACCOUNT, and to validation of said ACCOUNT by BMG LTD, up to final closure.
These T&C do not create, and do not seek to create, any nature of partnership, agency, joint venture, employer/employee relationship or franchiser/franchisee relationship between BMG LTD and the User.
BMG LTD shall be entitled to temporarily or definitively suspend, as per the modalities described in article 11 below, or to immediately remove without prior notice, all and any ACCOUNTs if the corresponding owner has breached, or helped a third-party to breach, these T&C, or committed any other nature of illegal action.
9. INTELLECTUAL PROPERTY
This SITE is the exclusive property of BMG LTD. In a general manner, BMG LTD grants USERS a free, personal, non--exclusive and non-transferable right to access and use the SITE; any other rights, notably reproduction and representation, are expressly withheld, and infringement thereof may lead to civil and penal sanctions.
The SITE content, notably text, software applications, scripts, graphic content, photos, sounds, music, images, drawings, videos and interactive functions, all constitute exclusive BMG LTD property. The SITE content is protected by intellectual property laws, notably trademark and copyright laws.
Under no circumstances can SITE content be downloaded, copied, reproduced, distributed, transmitted, disseminated, displayed, sold, altered, licensed, or used in any other way or for any other purpose. Hypertext links leading to the SITE are also unauthorized unless BMG LTD has given prior written agreement.
10. HYPERTEXT LINKS
The SITE may contain hypertext links to other Internet sites not belonging to BMG LTD or not controlled by BMG LTD. It is here stated that BMG LTD does not have any control over, nor knowledge of, content, data protection measures or practices of third party sites, and shall not incur any liability in this respect. Moreover, BMG LTD shall not incur liability as regards the availability of these sites and external resources, and does not give any tacit nor explicit endorsement of the advertisements, products or any other information given on these Internet sites or external resources accessible from them.
11. IT SECURITY
The USER commits to refraining from all activities of a nature actually or potentially interfering with the SITE or SITE activities.
Any violation of this article is liable to lead to sanctions, including:
- cancellation of the Service;
- suspension or deletion of the ACCOUNT.
12. ACCOUNT DELETION
BMG LTD is entitled to immediately, without prior notice, suspend any ACCOUNT, definitively or temporarily, in the event of the USER violating these T&C.
However, even where such occurs, the USER shall remain entitled to access personal information in accordance with the 1998 Data Protection Act and the 2003 Privacy and Electronic Communications Regulations (EC Directive), doing so in keeping with the modalities described in these T&C.
13. INDIVISIBILITY AND WAIVER OF ENTITLEMENT
If one or more of the provisions of these T&C were to be stripped of effect, or found to be incomplete, this shall not have influence on the validity of the other provisions of these T&C.
The clause to be deleted, or added, shall be replaced by a legally valid provision, compliant with the purpose of these T&C.
Waivering one or several entitlements originating in these T&C shall not be interpreted as the parties permanently relinquishing their right to do so.
14. APPLICABLE JURISDICTION AND LAW
In the event of contestation, the parties shall apply the rules and laws in force.
In case of dispute between the parties as regards the formation, execution or interpretation of these T&C, jurisdiction is given to the competent courts, despite multiple defendants or warranty.