WEECAST SAS (hereinafter referred to as WEECAST), a company registered in the Toulon Trade and Corporate Register under Number 51750217500030, having its address of record at 6 Place Raimu, 83000, Toulon, shall offer an online sales platform dedicated to IT video tutorials by enabling a free or fee-based playback and download of instructional videos on software associated with the digital domain.
WEECAST puts Authors (hereinafter referred to as "Contributors") of instructional videos on software related to the digital domain (hereinafter referred to as "Video Tutorials") in contact with Purchasers of licenses to use such Video Tutorials.
This Service enables everyone to learn to use a program, to share or sell know-how related to the digital domain.
The Site offers a platform open to every Internet user visiting the site as well as a private space reserved for members properly registered on the site and therefore, able to gain access to all of WEECAST's offerings and services.
The Site includes a space for Members as well as a space for Contributors.
Purchaser : A Member that has decided to purchase or watch one or more Video Tutorial Licenses offered through the Site.
Account: Account held by WEECAST for each Member, in particular showing the Credits available to him or her.
Contributor or Author: Creator of instructional videos on software having to do with the digital field and registered on the Site to sell user licenses for the videos created.
Credit: Virtual currency enabling a Member to pay for his or her purchases using "prepayment".
Source files: work files provided with the Tutorial.
License: Contract defining the rights to use granted with respect to a Video Tutorial. The contents of a License are described in Article 3-1 hereunder.
Parties: refers to WEECAST and the Members
User: means any person, Purchaser or Member, using the Site
Video Tutorial: Instructional video on a software item related to the digital domain, created by a Contributing Member, and protected under the intellectual property law the license to which is being offered for sale through the WEECAST Site.
Service: Collection of facilities put in place by WEECAST as well as WEECAST's services to put Contributors in touch with Video Tutorial License Purchasers.
Website or Site: Internet site operated by WEECAST, accessible at Tuto.com, and used to provide the Service of putting Contributors in contact with Purchasers of Video Tutorial Licenses.
Prior to any sale or purchase of Video Tutorial Licenses, an Internet user must register on the Website. The registration procedure shall follow the conditions and use the methods described below.
Registration as Member on the Website is open to any natural or legal person legally competent to enter into contracts.
At registration, legal entities shall be required to guarantee that the persons acting in their name have sufficient authority to commit the legal entity.
Minors may purchase Video Tutorial Licenses on the Site provided that such purchases remain the "activities of daily living".
An Internet user is required to provide information about him or herself (last name, first name, email address, etc.).
This information collected by WEECAST shall meet the criteria set forth in the provisions of of the Information Technology and Civil Liberty Act of January 6, 1978.
When registering, each Member shall provide a user name, a valid email address, and a password. The user names and passwords shall be personal and confidential.
In their capacity as Members, Internet users shall have access to WEECAST offers and services in their entirety.
Under these circumstances, a Member will be able to acquire Video Tutorial Licenses and become a Contributor should he or she wish to do so.
Through the grant of a Use License, the Contributor shall authorize the download or playback of the Video Tutorial.
The Member shall expressly acknowledge that Video Tutorials can only be downloaded or played back through the Site and/or Players provided by WEECAST. To protect its Contributors, WEECAST does not allow videos to be played back using other players.
Playback is unlimited.
Downloads are unlimited.
This Use License shall not transfer ownership of the object or the right to exploit, reproduce, or re-present outside of the immediate family and strictly for personal use.
Each Member shall undertake not to use the Tutorial or its source files for business purposes, resale, or distribution, whether free of charge or for a fee with the proviso that he or she is free to use commercially any knowledge obtained by the licensee through the use of the Tutorial; and not to permit that a Video Tutorial be used by multiple persons in a corporation (with the exception of TUTO's specific group usage application managed through the pro.tuto.com website).
Video Tutorials may not be modified, reproduced, or re-presented for any other purpose than strictly personal use.
Members shall not be allowed to download, send, transmit, or distribute through the Website any content:
This ban shall also apply to content accessed through hypertext links provided by Members on the Tuto.com Site.
Each Member shall warrant that the information he or she provides is true and correct.
Each Video shall be invoiced at the price in effect at the time it is purchased by a Member.
Prices computed from the prepayment formulas provided on the Site may be consulted in this regard.
The prices are denominated in Euros and include all taxes, such as the effective French VAT.
There are two methods to purchase a Video Tutorial online:
Credits may be purchased on the Site:
Credits are granted once the payment clears. Each Purchasing Member shall hereby acknowledge being aware that his or her orders for Credits will not be registered or processed until after the receipt of the amount due as of the date the order is made.
Once the amount due is received, WEECAST shall credit the Member's Account for the Credits purchased.
Purchased Credits have a limited life span of 1 (one) year from their date of purchase. Once this period has expired, Credits cannot be used any longer, and their value is lost.
WEECAST shall under no circumstances be liable for failure to use the Credits before their expiration.
WEECAST shall inform the Member by mail of the expiration date of his or her credits during the month preceding such a date.
WEECAST shall reserve the right to cancel a sale if such a sale has taken place by means of a fraudulent payment.
Video Tutorials shall be made available through downloading as well as by way of playback.
Pursuant to Article L.121-20-2 of the Consumer Code, Purchasing Members shall not have the right to cancel, given that this right cannot be exercised whenever product is delivered before the expiration of a period of seven full days.
Either Party may terminate this contract at any time by way of a simple notification (by email or registered letter with return receipt) addressed to the other Party.
WEECAST shall reserve the right to terminate this contract at any time in the event that Members fail to perform their undertakings and the warranties the Member is responsible for.
The Member's account shall be closed, his or her logins and passwords shall be deleted.
All the information and the Video Tutorials in the terminated Member's account shall be deleted in the shortest possible time but no later than two weeks following the receipt of a notice of termination.
Termination of the Contract binding the Member does not give rise to the right to be reimbursed for unused credits.
It is a Member's responsibility to make sure that the information he or she provides is correct. Under no circumstances shall WEECAST be held responsible if, for example, a Purchasing Member fails to receive a video for which he or she has purchased a License because of an error on his or her part in entering his or her information.
Under no circumstances shall WEECAST be liable for damages related to the loss or disclosure of Members' unique user names and passwords.
WEECAST shall under no circumstances be responsible for the contents of the Video Tutorials, especially their instructional relevance. Therefore, each Purchaser is welcome to play back, prior to any purchase, the Video Tutorial trailer posted to the Site and to review the Tutorial description section.
WEECAST may not be held responsible for damages incurred or resulting from a Video Tutorial whether such damages are tangible, intangible, consequential, or otherwise.
The Service of establishing connections for Purchasers of Video Tutorial Licenses is not available except to persons with sufficiently powerful computer systems enabling them specifically to download files containing the Video Tutorials. Computer system requirements for Members' systems are listed in the "minimum configuration" section of the Website.
The Members shall acknowledge having reviewed such requirements.
The Members shall declare that they know the Internet, its characteristics, and limitations well and acknowledge:
WEECAST shall nor be responsible in the event that an Internet user is unable to open the Site for reasons such as maintenance activities or his or her access is interrupted at any time whatsoever, or if any failure outside of its control prevents an activity from being completed. WEECAST does not guarantee that the Site is free from computer viruses or other anomalies beyond its control.
Given that WEECAST has obligations with respect to the means rather than the result, it shall undertake to employ its best efforts to guarantee continuous access to the Site 24/7 save for maintenance periods and possible malfunctions.
Any interruption for maintenance activities expected to take more than 24 hours will be communicated to Members by electronic mail twenty-four (24) hours in advance.
All the Site contents and all the associated intellectual property rights shall be the property of WEECAST with the exception of the rights to the Video Tutorials and the relevant ancillaries. No rights shall be granted the Internet users with respect to the contents and the intellectual property of the Website. Any unauthorized commercial use of the contents of the Website, or any part thereof, and the associated intellectual property rights may result in legal action. The word "Tuto" is a Registered Community Trademark.
The processing of the personal data of each User is carried out by WEECAST, which undertakes to ensure a sufficient level of protection of the information provided to guarantee respect for privacy and fundamental rights and freedoms of individuals.
Each User has a right of opposition, access, modification, rectification and deletion of data concerning him. Each User may exercise these rights by sending an RAR letter to the data controller at the address of WEECAST's registered office or by e-mail to email@example.com.
Upon request from the public authority and under the conditions defined by the regulations in force, WEECAST may be required to provide personal data concerning one of the Members.
The personal data that may be collected on the Site are the following:
The main uses of personal data are as follows:
When certain information is mandatory to access specific features of the Site, this mandatory character is indicated at the time of data entry. If the User refuses to provide mandatory information, he may not have access to certain services, features or sections of the Site.
Except in cases where a longer retention period would be permitted or required by law or regulation, personal information is retained as follows:
During the data storage period, the Site puts in place the organisational, software, legal, technical and physical means necessary to ensure the confidentiality and security of Users' personal data, so as to prevent their alteration, deletion or access by unauthorised third parties. Access to personal data is strictly limited to SAS Weecast employees and agents, upon authorization according to their functions and bound by an obligation of confidentiality.
However, the data collected may be communicated to subcontractors contractually entrusted with the execution of tasks necessary for the proper functioning of the Site and its services as well as for the proper management of the relationship with the User. It is specified that, in the context of the performance of their services, subcontractors have only limited access to the data and have a contractual obligation to use them in accordance with the provisions of the applicable legislation on the protection of personal data.
Apart from the cases set out above, the Site undertakes not to sell, rent, transfer or give access to third parties to personal data without the User's prior consent, unless obliged to do so for a legitimate reason (legal obligation, fight against fraud or abuse, exercise of the rights of defence, etc.).
Some of the recipients of the personal data collected are located outside the European Union. Before any data transfer to a subcontractor, one or more of the following guarantees are taken to ensure an adequate level of protection of personal data:
In accordance with the applicable legal and regulatory provisions, in particular Law No. 78-17 of 6 January 1978 amended relating to data processing, files and freedoms and European Regulation No. 2016/679/EU of 27 April 2016 (applicable from 25 May 2018), the User has the following rights :
This right remains valid whether the information concerning the User has been transmitted directly by him or by third parties to whom the User has communicated it. These various rights are to be exercised either by modifying the parameters of the User account, or directly on the Site under the heading "Contact", or by post to the following address: Tuto.com 31 Rue D'Alger 83 000 Toulon - France, or by e-mail to the following address: firstname.lastname@example.org
For security reasons and to avoid any fraudulent request, this request must be accompanied by proof of identity. The receipt will be destroyed once the application has been processed.
If a Member is a business person or a foreign national, it shall be agreed that all disputes related to the writing, validity, construction, performance, and termination of the Contract by and between such a Member and WEECAST that the Parties are unable to resolve amicably shall be subject to the jurisdiction of the COMMERCIAL COURT OF TOULON. It shall be expressly agreed by the Parties that this clause shall also apply in the event of summary interlocutory relief, multiple respondents, or a warranty being invoked.
The Parties shall elect to use their respective current locations and corporate addresses as addresses of record.