General terms and conditions of sale and service (GTCS/TOS) for the Paris Opera Play streaming platforme
Last updated: 05/04/2023
The purpose of these General Terms and Conditions of Sale and Service (hereinafter "General Terms and Conditions") is to define the conditions under which the User may browse the website and subscribe to and use the Paris Opera Play Services (hereinafter "POP"), produced and provided by the Paris Opera. Services may only be accessed by Users who have read the full General Terms and Conditions before using the Services, and who have accepted them without reservation. By subscribing to one of the Services, the User expressly acknowledges that they have read the General Terms and Conditions and accepts them in full and without reservation. These General Terms and Conditions may evolve due to changes in the Services or in the regulations in force. Such changes will be mentioned online and will not be brought to the attention of the Subscriber through any other means. Thus, the User may go online to refer to these General Terms and Conditions regularly and every time they place an order.
ARTICLE 1: LEGAL NOTICE
Content editor details
Opéra national de Paris Editor address and headquarters: 120, rue de Lyon, 75012 Paris - France RCS Paris B 784396079 Phone number: +33 1 40 01 17 89 Director: Alexander Neef
SAS Claranet 18-20 rue du Faubourg du Temple, 75011 Paris - France Phone number: +33 1 70 13 70 00 firstname.lastname@example.org
Opéra national de Paris Communication Department 120, rue de Lyon, 75012 Paris - France email@example.com
Conception, design: Opéra national de Paris, Mazarine digital
ARTICLE 2: DEFINITIONS
In these General Terms and Conditions, the terms listed below have the following meaning: "User"means any person browsing the Site, including people who have subscribed to the Services "Subscriber" means any person who signs up for a Subscription to the Service using an authorised payment method "Subscriber" or "Subscriptions" means the subscription options defined in Article 3.2 of these General Terms and Conditions "Under 28 Subscription" means a monthly Subscription at a reduced rate, offered to people under the age of twenty-eight (28) “Website” means the website edited by the Paris Opera, accessible at the following URL: https://play.operadeparis.fr/ "Services " means the commercial offers available to the User on the Website, Subscriptions or pay- per-view rentals of Live Shows "Programmes" means all audiovisual content available to the User on the Website, including but not limited to Live Shows, Replay, Videos on Demand, etc. "Live" or "Live Shows" means Programmes that are broadcast live on the Site "Replay" means Live Programmes which are recorded and then remain available after the live broadcast for a limited period of seven (7) days "Video on Demand" (hereinafter referred to as "VOD"): means the Programmes offered to Service Users that are neither Live Programmes or Replay Programmes, including but not limited to live performances, documentaries, etc. “Streaming”: means the viewing of an audiovisual Programme without any downloading “Area”means individually and/or collectively the territories in which the Services are available, i.e., all countries except the People's Republic of China.
ARTICLE 3: PRESENTATION OF SERVICES
3.1. LIVE PERFORMANCES PAY-PER-VIEW RENTALS The Pay-Per-View rental Service only applies to the Live Programmes available on the Website. Rental of a Live Show allows to stream said show during the live broadcast, then using Replay for seven (7) days after the Live. The Replay version is published on the Website the day after the live broadcast. 3.2. SUBSCRIPTIONS Several subscription options are available on the Website:
• A monthly subscription
• A yearly subscription
• A monthly subscription dedicated to people under the age of twenty-eight (28)
All Subscriptions give access to unlimited viewing and streaming of all Programmes (VOD, Live, Replay) on the receiving terminals defined in article 4.4 of these General Terms and Conditions. Activation of the Subscription will occur after the User has signed up, provided payment and the used payment method have been accepted. 3.3. PROGRAMME VIEWING The User who has rented a Programme or signed up for a Subscription may watch said Programme by streaming up to a maximum of two (2) simultaneous feeds, while their Subscription is active or during the rental period of the Programme. In order to view a Programme, the User must be registered and logged into their account (refer to Articles 4.1 and 4.4 of these General Terms and Conditions). The broadcast or Replay release of a Live Performance may be cancelled at the discretion of the Paris Opera for technical or artistic reasons, in the event of an incident occurring during the performance or if said performance were cancelled. For people who have signed up for a Subscription, which includes access to all audiovisual content, no specific refund will be made. For people who have rented a pay-per-view Live Performance, the amount of the rental will be refunded (under the conditions laid out in Article 6.6 of these General Terms and Conditions) if the release of the cancelled performance is not rescheduled.
ARTICLE 4: TERMS OF ACCESS TO SERVICES
4.1. REGISTRATION To access the Services, the User must sign in by creating an account on the Website. As part of their registration, the User commits to behaving in a way that does not infringe the rights of third parties. The User's login and password are personal and confidential. The User commits to not divulging them and to keeping them confidential. The User commits to reporting any suspicious use of their account by sending an e-mail to the following address: firstname.lastname@example.org. The creation of a User account is not needed to watch Programme trailers or for browsing the Website. Access to the Services is restricted to Users who are at least sixteen (16) years old. Any User under the age of sixteen (16) acknowledges that they have parental consent to use the Services. 4.2. SUBSCRIPTION 4.2.1 FREE TRIAL PERIOD A seven-day free trial is offered to all new POP subscribers (only for people who have never subscribed to POP) in order to discover POP. During this trial period, the Subscriber may cancel their Subscription at any given time, under the conditions laid out in Article 5 of these General Terms and Conditions. When the trial period ends, the Subscriber is automatically charged for the amount of the Subscription, unless they cancel before the trial period ends. 4.2.2 DURATION OF THE SUBSCRIPTION Once registered, the User may sign up for a Subscription. Access to the Programmes is granted after subscription, provided payment and the used payment method have been accepted. The duration of the POP subscription varies according to the chosen option: - Monthly subscription or Under 28 monthly subscription: duration of one (1) month from the end of the free trial period or, if there was no free trial period, from the date of activation, then automatic and tacit renewal by successive periods of one (1) month, unless subscription is terminated under the conditions laid out in Article 5 of these General Terms and Conditions. - Yearly subscription: duration of one (1) year from the end of the free trial period or, if there was no free trial period, from the date of activation, then automatic and tacit renewal by successive periods of one (1) year, unless subscription is terminated under the conditions laid out in Article 5 of these General Terms and Conditions. If a free trial period is offered at the time of subscription, the Subscription will automatically begin at the end of this period, unless the Subscriber cancels before the end of the trial period. The due date of each monthly or yearly billing period of the Subscription is indicated in the "My Account" section. About the Under 28 Subscription: the Under 28 Subscription is subject to eligibility depending on the age of the User, who must fill out their date of birth when subscribing. The User may subscribe and keep their reduced-price Subscription until the day before their 29th (twenty-ninth) birthday. At the end of the billing period following the 29th (twenty-ninth) birthday, the monthly subscription for under 28s will be tacitly renewed at the full monthly subscription rate. 4.3. PAY-PER-VIEW Once registered, the User may place an order to rent a pay-per-view Live Programme. The User selects their Programme and makes the payment at the rate in place at the time of the order (see Article 6.1 of these General Terms and Conditions). Once the order has been placed and the payment accepted, the User will receive an email confirming their order and the Programme will be released into their account, in the "My Rented Programmes" section. Users may rent Live Shows as soon as they are released on the Website, before they are broadcast. Users may also rent Live Shows once broadcasting has begun. After the Live ends, its Replay can be rented up to twenty-four (24) hours after the Live has begun. Twenty-four (24) hours after the Live has begun, the pay-per-view Replay is no longer available; only Subscribers or people who have already rented the Live Show can watch the Replay. 4.4. TECHNICAL REQUIREMENTS TO ACCESS SERVICES To access the Services, the User must go to the website: https://play.operadeparis.fr/ Access to the Services requires an adequate Internet connection. To access the Programmes, a Subscription to the Services is required (Subscription holding or pay-per-view renting of a Programme). The User must sign in via their Account. The User may then access the Services and view the Programmes on a computer, mobile or tablet , with the following requirements:
⦁ Operating system of the device
∘ Computer :
⦁ Windows 10 and 11
⦁ MacOS 10 (or later)
∘ Mobile / Tablet:
⦁ iOS 14 (or later)
⦁ Android 11 (or newer version)
∘ Chrome 106 (or later)
∘ Firefox 105 (or later)
∘ Microsoft Edge Chromium 106 (or newer version)
∘ Safari 14 (or newer version)
Access to Services is provided on a permanent basis and may be subject to periods of maintenance, server updating operations or exceptional interruptions about which the Paris Opera commits to giving warning in advance to the best of its ability. 4.5. AREA Access to Services is reserved to Users residing in the Area defined in Article 2, i.e., all countries except for the People's Republic of China. The Programmes available on the Website depend on the rights acquired by the Paris Opera from the rights holders. Thus, some Programmes may no longer be available after a certain period and/or may not be available in the entire Area. In order to fulfil its agreements with the rights holders of the provided Programmes, the Paris Opera reserves the right to carry out geographical filtering in order to block the viewing of a Programme. The area from which the User starts the Programme will be subject to automatic testing. If the area from which the User attempts to play the Programme is not one of the authorised areas for this Programme, the User will be informed and the Programme will not be broadcast.
ARTICLE 5: TERMINATION PROCEDURES
5.1. By the Subscriber The Subscription can be cancelled free of charge from the "My Account" part of the Website, in the "Manage my subscription" section. Termination takes effect at the end of the ongoing billing period. The Subscriber still has to pay the instalments due until that date. If a Trial Period was underway, the termination takes effect at the end of the Trial Period. No refunds will be made in the event of termination. 5.2. By the Paris Opera The Paris Opera has the right to terminate and/or suspend the Service if:
• the Subscriber fails to pay for the Subscription;
• the Subscriber fails to update bank card information when their current bank card expires;
• the Subscriber acts in violation of the provisions of the French Intellectual Property Code;
• more generally, the Subscriber fails to fulfil any of the obligations laid out in these General Terms and Conditions.
Termination will result in the immediate deactivation of the Subscription, without any right for the Subscriber to compensation or refund.
ARTICLE 6: PRICES AND PAYMENT TERMS
6.1. APPLICABLE PRICE All prices are quoted including VAT, in Euros. 6.1.1 PAY-PER-VIEW PRICES The price of a rental Programme depends on the Programme. The price in force is the price that is stated when the order is placed. Discounts may be offered at the discretion of the Paris Opera for a limited period of time. 6.1.2 SUBSCRIPTION PRICES The Subscription requires the Subscriber to pay a fixed monthly or yearly fee. The Subscription price is freely set by the Paris Opera and applies on the day of subscription. The price in force is the price that is indicated on the Subscription brochure page and on the checkout page of the Website when the order is placed. The Paris Opera may modify Subscriptions and their prices. However, any changes to Subscription prices will only be applicable after a minimum of 30 days following receipt of a notification from the Paris Opera. If the Subscriber does not wish to accept the price or Subscription change, they may cancel their Subscription before these changes occur. 6.2. PAYMENT METHODS 6.2.1 PAY-PER-VIEW RENTAL In the case of pay-per-view rentals, payment for the order is debited the day the order is placed. 6.2.2 SUBSCRIPTIONS The fixed monthly price of the chosen Subscription is payable in advance, via regular payment by bank card through a secure page on the Website. The first debit is made on the day the Subscription is taken out or, for Subscribers on a trial period, on the day after the trial period ends. Subsequent debits are made on the anniversary of the first Subscription debit. The Subscriber acknowledges that filling out bank card information is equivalent to authorising for the monthly or yearly fee to be withdrawn from their bank account via their bank card number and go to the Paris Opera, and that the fee matches the amount of the selected Subscription. The Subscriber is required to update and/or modify their bank details via their Account, under the heading "Manage my payment methods", particularly when the payment methods expire. 6.3. TERMS OF PAYMENT The payment methods provided on the Website vary depending on the User's country. The Website provides the following payment methods: - Valid credit card - E-wallets (Google Pay)) Bank details are not kept by the Paris Opera or on the Website. In order to protect all bank data related to bank card payment as effectively as possible, all orders placed on the Website are secured and encrypted via the Stripe system. 6.4. PROMOTIONAL CODES All payments for the Services can be made using a promotional code. Promotional codes available to the User entitles them to price benefits for a limited period. If a Subscription is taken out with a promotional code, and unless the Subscriber cancels, the Subscription will be charged at a full rate after the promotional period ends. 6.5. SUBSCRIPTION CHANGES Subscribers may change their Subscription options. If the Subscriber switches from a monthly Subscription to a yearly Subscription, the new yearly Subscription will take effect that same day. The amount already paid for the current monthly Subscription will be deducted from the amount withdrawn on the same day for the yearly Subscription. If the Subscriber switches from a yearly Subscription to a monthly Subscription, the new monthly Subscription will take effect that same day. The amount already paid in proportion of the yearly Subscription will be deducted from the next monthly billing cycle. 6.6. TERMS OF REFUND In the event of the cancellation of a Live Performance as detailed in Article 3.3. of these General Terms and Conditions, people who have rented the pay-per-view Live Performance will get a refund for the amount of the rental, if the release of the cancelled performance is not rescheduled. The amount will be credited to the payment method used for the original purchase within one (1) month from the date of the cancelled Live Event
ARTICLE 7: WITHDRAWAL AND ACCOUNT CLOSURE
7.1. RIGHT OF WITHDRAWAL In accordance with Article L. 221-28 1° of the French Consumer Code, the User may not exercise their right of withdrawal for the supply of digital content not provided on a physical medium which execution has begun after the User has expressly agreed and waived their right of withdrawal. The User's acceptance of these GTCs acts as a waiver of their right of withdrawal, and the User may not rely on Article L. 221-28 1° of the French Consumer Code. 7.2. ACCOUNT CLOSURE The User can close their account at any given time in "My Account", in the "My details" section. The Paris Opera reserves the right to close a User's account if: - the User fails to comply with these General Terms and Conditions, - the User fails to pay for the amounts due, - the User is suspected of fraud. The account will be deactivated 48 business hours after the Paris Opera sends the User an email informing them of the deactivation. Deactivation of the account means the User won’t be able to access the Services anymore, without any refund or compensation in this respect.
ARTICLE 8: INTELLECTUAL PROPERTY
The Paris Opera holds all intellectual property rights relating to the Services, the Website and its content, texts, images, logos, brands, etc. Authorisation to use the Services, granted to the User in exchange of payment, does give the User any intangible property rights, which remain exclusive to the Paris Opera and its right holders. The User is not allowed to, in whole or in part, copy, reproduce, translate, extract, modify and/or create any element derived from any component of the Services or the Programmes. The Programmes viewed by the User are secure digital files. The use of the Programmes is strictly limited to private use within the family circle. Private use within the family circle excludes any collective and/or public representation and/or broadcasting for professional, commercial and/or promotional purposes. The editing, lending, exchange, reproduction, duplication, transmission and distribution of the Programmes, in whole or in part, are also strictly prohibited Any offender is liable to criminal and/or civil charges.
ARTICLE 9: LIABILITY
The Paris Opera cannot be held responsible for any malfunctions and/or interruptions in the provision of the Services resulting from a case of force majeure, a failure on the part of Internet providers, Services improvements (in the case of minor malfunctions), or any use of the Services that does not comply with these General Terms and Conditions. The Paris Opera cannot be held responsible for any damage suffered by the User due to technical incompatibility (see Article 4.4 of these General Terms and Conditions) and/or any deterioration of their equipment. Hypertext links on the Website may lead to other websites. The Paris Opera cannot be held responsible if the content of said sites contravenes the legal and/or regulatory provisions in force. The Paris Opera cannot be held responsible for any failure to comply with the legislation of the country where the Programmes are broadcast.
ARTICLE 10: TECHNICAL ASSISTANCE
For any request regarding the use of the Services, the User may contact the Paris Opera's technical assistance from the "Contact Us" section at the bottom of the Website's homepage.
ARTICLE 11: APPLICABLE LAW
These General Terms and Conditions are subject to French law. Any dispute arising from the formation, interpretation or execution of these terms and conditions falls under the exclusive jurisdiction of the French courts.