Last updated on: 21 July 2022
Version number: 2
Previous applicable version(s) available by clicking HERE.
1. THE COMPANY
BetaSeries SAS (hereinafter the “Company”), a French société par actions simplifiée (simplified company) with a share capital of €1,391,284, registered in the Reims Trade and Companies Register under number B 817 527 724, whose registered office is located at 21 Rue de Verdun, 51100 Reims, publishes a website (hereinafter the “Official Website” or the “Website”) and an open API providing access to developers on certain terms. All the above is provided to users as a free service, to allow them to discover new series and films, obtain recommendations, manage their viewing schedule and share information about the latest episodes they have watched, provided that they sign up for an account, as part of the BetaSeries community.
The Website may be accessed by any person consulting it (hereinafter the “User”). Users may not, however, do anything on the Website other than view the authorised pages and screens. They will be asked to sign up for an account (in which case they will become a “Member”) if they wish to continue on to unauthorised pages and screens.
Once accepted, the ToU are deemed to have been signed electronically and the parties expressly agree that this will have the same legal effect as a handwritten signature between the Website/the Applications and the User and between the Company and the Member/User.
2 bis. ACCEPTANCE OF OTHER POLICIES (PRIVACY AND COOKIES)
- “Chat” means a messaging system used by Members to communicate with each other via messages.
- “Account” means the personal area created by Members on the Website, containing their personal details (identity, statistics, schedule etc.) and accessed by entering a username and password determined by Users when signing up for their Account.
- “Member” means a User who has signed up for an Account identified on the Website.
- “Password” means the password chosen by Users when signing up for their Account to access the Website. It must be at least 8 characters long and contain one special character, one uppercase letter and one digit.
- “Username” means a sequence between 3 and 24 characters long, that may only contain letters, digits and the underscore symbol. It corresponds to the name chosen by Members to identify their Account and represent them on the Website. Members may use their first and/or last name or use a made-up name.
- “Company” means BetaSeries SAS.
- “Platforms” means all the websites (applications using BetaSeries, including the official website and applications).
- “Official Platforms” means all the websites (and applications) published directly by the Company.
- “User” means any person browsing the Website without signing up for an account on the Website.
4. ACCOUNT CREATION AND DELETION
4.1. Account restrictions
Nobody under 15 years of age may sign up for an Account on the Platforms.
The Company reserves the right to request any proof of age for that purpose.
4.2. Account creation and validation
No fee is charged to create an Account.
Users must enter a Username of their choice and a unique, secret Password to create an Account. Depending on the Platform used, Users may also be able to sign up for an Account using the Facebook Connect or Apple Connect service, which will automatically retrieve information from their Facebook or Apple account saving Users the hassle of entering it directly.
That information is strictly personal. Users must guarantee its confidentiality and ensure that it is not used by anyone else. Accordingly, whenever a User’s Username and Password are used, they will be presumed to have been used by the User.
Users must also complete the “required” fields (email address, date of birth, gender, occupation or socio-professional category, platforms subscribed for and series watched).
Some information may already be filled in via the Facebook Connect or Apple Connect service.
Once this information has been provided, Users may complete the account creation process. Users signing up for an Account without using the Facebook Connect or Apple Connect service will receive an email asking them to click on a validation link, to check that the email address is valid, redirecting the User to the relevant Platform.
The validation of the email address completes the process and once validated, Users will become a Member and will have access to all the features of the Platform when logged in to their Account.
Once the form has been validated, the Company will ask the new Member for additional information (profile photograph, bio, social media account, website, banner, favourite series/films, avatar, last name, first name and address). This information is optional only and the Account will work properly without that information.
An account created on a Platform may also be used on all BetaSeries Platforms, whether or not official, using the login feature and the BetaSeries API.
4.3 Account deactivation and deletion
Members may submit a request to delete their Account at any time, directly on a Platform or by emailing it to [email protected]. The Member will receive a confirmation email.
To protect security and ensure transparency, any Members who have not logged in using their Account or have not done anything in their Account for three (3) years will receive an email asking them to log in as soon as possible. Otherwise, their data will be deleted from its databases.
If the Company or a Member deletes an Account, all the data created by the Member will be removed from all the Platforms and will cease to be visible. The deletion of an Account is final and irreversible.
5. EXCLUSION OF WARRANTIES
Notwithstanding the Company’s efforts to provide the best level of service and security for its Members, the Company cannot warrant that its Official Platforms will be free from all errors, bugs or viruses or that it will be accessible at all times.
The Company disclaims all liability for any unavailability of the Website or any fault, breakdown, problem or interruption affecting its operation, preventing access to the Website or one of its features.
Users and Members remain solely liable for the hardware they use to connect to the Website. They must take all appropriate measures to protect their hardware and their own data, in particular from viruses spread online. They are also solely liable for the websites and data they consult. Accordingly, Members acknowledge that the Company may not be held liable for any harm, loss or damage caused by any hacking, falsification or any other unauthorised access to or use of the Platforms or their Account.
The Company may add links to other websites to provide access to additional information and quote the sources of information. As the Company has no control over external resources, it may not be held liable, in any circumstances whatsoever, for those links.
Users and Member logging in to an unofficial Platform must comply with the terms applicable to it. As unofficial Platforms are not managed directly by the Company, they should refer to the terms applicable to the relevant Platform. As the Company merely acts as a content provider via its API, it also disclaims all liability for anything that happens on that Platform and any resulting consequences of any kind whatsoever.
The Company may not be held liable for anything that happens between Members outside the scope of the Official Platforms.
The Company reserves the right to suspend, modify or supplement its Official Platforms, without notice.
6. MEMBER LIABILITY AND WARRANTIES
Members are liable for the information they post on the Platforms. They undertake to provide the information requested by the Platform in a comprehensive, accurate and honest manner.
Members undertake to keep their Usernames and Passwords secret and confidential.
Members acknowledge that they are solely liable for their own use of the BetaSeries Platform.
Members also undertake not to allow any person to access the Platform using their Account.
Members acknowledge that the Company may not be held liable, in any manner whatsoever, for any problems encountered when trying to access and use a Platform due to electronic communication networks, including Internet provider services.
Members may not use the Platforms for business or commercial purposes or to make a profit.
Members must not make any remarks that are unlawful or immoral (including any kind of obscene, indecent, defamatory, pornographic, abusive, threatening or harassing remarks).
Members may not promote any product or service, company or URL whatsoever, other than the address of the BetaSeries Platforms.
Members may not make any statements that could reasonably be considered to be defamatory or damaging to the image of the Platform or third parties.
Members are solely and fully liable for the publications, messages and contributions (including images, videos and other content) they post on the Website or the application. They undertake to unconditionally comply with all applicable legislation, in particular all legislation relating to intellectual and industrial property. Accordingly, they undertake not to reuse all or part of the content of pre-existing works without the authorisation of the holders of the rights in and to those works or reproduce or use any distinctive sign (trademark, company name or logo etc.) without the authorisation of their owner. They represent and acknowledge that they own the materials attached to their contributions or that they hold the necessary authorisations for copyright, personality rights and other intellectual and/or industrial property rights.
The Company may not be held liable, in any circumstances whatsoever, for any publications made by a Member that infringe those rights.
The Company will not request any sensitive data, meaning data revealing the alleged racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data or biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person’s sex life or sexual orientation. Members undertake not to provide such data spontaneously.
The Company may request information treated as confidential by other publishers providing services related to series/films (for example, the credentials used to log in to Netflix and other platforms) to allow Members to optimise their use of the services and Platforms on the Website (for example, to synchronise and update a Member’s calendar). Members are solely and fully liable for the provision of that optional information.
Any Members wishing to add hypertext links to all or part of the website must first obtain the prior written authorisation of the Company, by emailing a request to: [email protected].
The Company may refuse to give that authorisation at its own discretion, without any need to give reasons for its decision in any manner. In any event, any such authorisation granted by the Company will be temporary only and may be withdrawn at any time, without any obligation to give reasons for its decision.
In all cases, any links added must be taken down if requested by the Company.
The Company has no control over the information available via links to other websites and disclaims all liability for their content.
If the Company decides to close an Account, the Member will only be able to sign up for or access a Platform with the written consent of the Company.
Members acknowledge that civil and/or criminal proceedings may be issued for any attempt to gain unauthorised access to the Website’s system or an Account, disrupting the procedures or performance of a Platform, or intentionally causing damage to a Platform and that their Account may be shut down with immediate effect.
- Temporary suspension of their Account for a period determined by the Company. In such a case, the Member will not be able to log in to the Account during the period of suspension.
- Permanent deletion of their Account and all related data.
- Blocking of their IP address.
Which sanction is to be applied in any given situation will be determined by the Website administrators, at their own discretion. The Company may also report any problems governed by French law to the appropriate legal authorities.
In any event, the sanction will be promptly notified to the Member by email. Members will be given an opportunity to state their case, but this will not prevent the application of the sanction.
8. CONDITIONS DE L’API
Developers may interact with BetaSeries in an existing application through the API (XML/JSON) or create new applications directly with the API. Requests for access should be submitted on: https://www.betaseries.com/api/
8.1 Rules of use
Developers must comply with the following rules following an API key request:
- Mention the use of BetaSeries (with the URL of the website) on the developer’s application/website.
- Only submit the required number of requests.
- Developers may use all the BetaSeries features via the API without restriction, in a free or paid application. However, subtitles may not be made available for download in a paid application.
Avoid spoilers (for example, comments posted about episodes that Users have not seen). Remain contactable and maintain a valid email address associated with the API key.
The name of the application must not contain the “BetaSeries” name.
If the application is for widespread distribution, the implementation of the API should be checked by emailing [email protected].
8.2 Use of the API in breach of the above rules
A warning may be sent to the email address associated with the API key request if the API is used in breach of any of the above rules or the key may simply be blocked altogether. Once the key is blocked, it becomes invalid and the developer will cease to be able to access the BetaSeries features via the API.
9. INTELLECTUAL PROPERTY
BetaSeries is a trademark registered by BetaSeries SAS. The names of the publishers, media, services and, more generally, companies or products mentioned are trademarks held by their respective owners.
All content on the Official Platforms and information provided by the API including, but not limited to, trademarks, images, illustrations, graphics, photographs, animation, videos, music, text, comments, logos and podcasts are owned by the Company or its partners or the Members and are protected under the intellectual property laws in force.
The materials owned by the Company, or its partners, may not be reproduced, displayed, adapted, modified, distorted or used, in any form whatsoever, without their prior written authorisation.
Any unlawful exploitation of all or part of the content of an Official Platform or the intellectual property rights will be reported to the appropriate legal authorities.
If the Company does not issue proceedings as and when it becomes aware of an unauthorised use, this may not be treated as an acceptance of such use or a waiver of the right to issue such proceedings.
Some materials are supplied by https://thetvdb.com/ and https://www.themoviedb.org/ without being added or published by a Member. The https://thetvdb.com/ and https://www.themoviedb.org/ databases provide non-exhaustive lists of series, their episodes, images, summaries and lists of actors displayed on the BetaSeries Platforms. The Company uses the foregoing in accordance with the terms governing https://thetvdb.com/ and https://www.themoviedb.org/ and under the Creative Commons Attribution-NonCommercial 4.0 International License or under the Company’s own liability, owed to those entities.
All data posted on the Website from YouTube is distributed in accordance with the Terms of Service available at https://www.youtube.com/t/terms.
By using BetaSeries, you acknowledge and agree to be bound by the YouTube Terms of Service, which can be found at https://www.youtube.com/t/terms. If you do not agree to these terms, you must not use BetaSeries.
Members may also add or publish materials. Any Members who create a publication via an Official Platform or the API (text, ratings, photographs, videos or, more generally, any content created by a Member) hereby authorise the Company, free of charge, to use, copy, distribute, transmit, publicly display, publicly perform, reproduce, publish, modify, translate and reformat their contribution for the purposes of its Platforms or partners, and to sub-license those rights, to the fullest extent permitted under the applicable regulations.
10. PROTECTION DES DONNEES A CARACTERE PERSONNEL ET COOKIES
12. GOVERNING LAW AND JURISDICTION
However, in the event of a disagreement, the parties undertake to use an amicable dispute resolution process, such as mediation, before referring the matter to a court.
Users and Members are informed that disputes may be resolved using an out-of-court mediation procedure or any other alternative dispute resolution method, in all cases.
All consumers have the right to refer a dispute with a trader to a consumer mediator, free of charge, to obtain an out-of-court solution.
The Online Dispute Resolution (ODR) platform can be accessed by clicking on this link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN
However, if the parties are unable to agree a settlement or solution within forty-five (45) days, the dispute will be referred to the court assigned jurisdiction above.
14. MISCELLANEOUS PROVISIONS
The ToU and the privacy and cookies policies are drafted in and use French and English, the only languages binding on the parties. Any Users or Members wishing to obtain a translation of those documents into another language should submit a request to the Company.
Copyright © 2023 BetaSeries SAS. All rights reserved.