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Legal Notice

BROADPEAK – DELIVERY PLATFORM PORTAL
LEGAL NOTICE
Broadpeak
A public limited company (Société Anonyme)
with shared capital of 249 825 Euros,
Registered on the Rennes register of commerce (RCS) under n° 524 473 063

Vat Number: FR49 524 473 063
Registered Address : Zone des Champs Blancs, 15 rue Claude Chappe
35 510 Cesson Sevigne, France
Tel: +33 (0)2 22 74 03 50
https://Broadpeak.tv/
https://delivery-platform.broadpeak.tv/smartlib/

Publication Director: Jacques Le Mancq
Communication Director: Elodie Levrel

Other contacts:
- Contact: contact@BROADPEAK.tv
- Legal contact: legal@BROADPEAK.tv
- Personal data: privacy@BROADPEAK.tv
- Hosting of the Website: OVHcloud.com (1-855-684-5463)

The user acknowledges having read the information below before visiting the website. By choosing to access and/or upload its content and/or material, or proceeding with registration on the web site, the user accepts, expressly and irrevocably, the following terms.

If user does not agree with the terms herein, we strongly recommend them not to access nor use the web site or its content.

PROFESSIONAL AUDIENCE

This web site is targeted for non-consumer but professional audience, and persons at least aged of 16 and older and having a professional activity. Broadpeak does not knowingly collect personal information from children under the age of 16. If we learn that we have collected personal information on a child under the age of 16, we will delete the data from our systems. As legal guardians, parents are recommended to supervise the online activity of their children and determine which sites are appropriate.

CONFDENTIALITY & COMMUNICATION

The material and content made available hereunder shall be deemed confidential and proprietary to BROADPEAK and you shall use and handle such material and content accordingly.
Users’ access, downloading, use and/or import/export of information and information (including any software, products or services) contained or made available through this web site shall be in compliance with applicable French EU and any other applicable export laws and/or regulations.

IPR - TRADEMARK & COPYRIGHT

BROADPEAK and its licensors own and retain all rights, including all applicable intellectual property rights, in all content. All rights in the website, the content, and information not expressly granted hereby to users are reserved to BROADPEAK and/or its affiliates, as applicable. Software and other materials are subject to associated license terms and restrictions.

Broadpeak, nanoCDN, umbrellaCDN, broadpeak.io, registered trademarks of Broadpeak, S.A., in France and other countries. All domain names, trademarks, and logos displayed, mentioned or otherwise used on this web site are property of BROADPEAK, its licensors or third party under fair use as part of communications published on this web site and protected by copyright laws (droit d'auteur), design laws, and trademark laws. Users are not permitted to use any of these trademarks or logos in any way without explicit prior written permission from Broadpeak or the owners of related rights, as applicable.
Without prior written consent of Broadpeak or other related parties, except as strictly for personal use excluding any use for advertising and / or commercial purposes, users shall in no event reproduce, extract, make excerpt, modify, promote, distribute, photocopy, played, disassemble, reverse engineer, decompile, link, or transmit with hyperlinks, load into other Platforms or servers, in "mirroring method", or any sharing methods (including but not limited to peer to peer or torrent solutions), store in information retrieval system, or otherwise use for any other purpose, by any means, any of the content published or otherwise made available on or from the Web site.

You shall not (i) take any action to jeopardize, limit or interfere in any manner with the BROADPEAK’s ownership rights in the Software and modification hereof (ii) use the Software in a fashion that subject the Software or any part thereof or any BROADPEAK intellectual property rights to any open source or free software licensing terms (iii) alter or remove any copyright or other proprietary notices copyright and/or trademark notices contained in the Software.
Any unauthorized access or use are subject to the civil and/or criminal liability of its author and may lead to legal proceedings against them and payment of damages. Any user may contact legal@Broadpeak.tv to identify any such infringement of or by any content.

THIRD PARTY CONTENT - LINK TO THIRD PARTY WEB PAGES OR SITES

Software from BROADPEAK third party licensors (“Third Party Software”) may be contained in the Software, and certain third party license notices are set forth in accompanying documentation. BROADPEAK has the right to sublicense the Third Party Software on an "as is" basis only. BROADPEAK shall, to the event it is able to do so, pass onto User the terms and warranties provided to BROADPEAK from the licensor of such Third Party Software, and respective SOFTWARE AGREEMENT terms. BROADPEAK shall use its commercially reasonable efforts to obtain from Third Parties new versions. BROADPEAK shall have no liability in relation to any Third Party Software defect which is not attributable to BROADPEAK, such as but not limited to a defect/failure in the Third Parties Software as such.
The Software may contain open source components. For avoidance of doubt, Open Source Software is not licensed under the terms of this Software Agreement. See on the related page of this platform, including for any update. Such Open Source Software is only licensed to you by the original owner of the Open Source Software under the terms set forth in the designated Open Source License. You shall acknowledge and accept that, the case being, as a user of such Open Source Software and that it will have to comply with the terms of such Open Source Software licenses. By nature, Open Source Software are distributed without any warranty of any kind (notably but without limitation, without warranty of non-infringement, without warranty of ownership, or commercial warranty), all Open Source Software provided in the frame of this Software Agreement are also provided without warranty of any kind.
Although links to third party websites, platforms, forums, blogs, pages, or other servers (“Other Websites”), may be posted and displayed on this Website for user’s convenience, Broadpeak shall not bear any responsibility for any content of any such Other Websites. User might need to review and agree to applicable rules of use when using such Other Websites and their content. In addition, a link to a third-party website or to its content does not imply that Broadpeak endorses such Other Website or its publication, messages, contents, or any of the products or services referenced therein.

RESPONSIBILITIES

The content and information on this web site may include inaccuracies or errors. Broadpeak reserves the right to make changes, improvements and changes in products and programs described on its website at any time and without notice.TO THE FULL EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, AND SUBJECT TO ANY EXPRESS TERMS HEREUNDER STATING OTHERWISE, ALL INFORMATION, CONTENTS, AND SERVICES PROVIDED ON THIS WEB SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES, GUARANTEES OR REPRESENTATIONS OF ANY KIND. BROADPEAK HEREBY EXPRESSLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL EXPRESS, IMPLIED, STATUTORY OR OTHER WARRANTIES, GUARANTEES OR REPRESENTATIONS, INCLUDING BUT NOT LIMITED TO, THE LEGAL, AND/OR CONTRATCUAL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

To the full extent permitted by the applicable laws, Broadpeak and any of its affiliates, directors, agents, employees, or other representatives shall not be liable for the materials, data or information, or services available from this web site, including services, and contents, regardless of the reason of the liability or the civil liability it relates to. BROADPEAK may only be held liable in the event of proven fault or gross ow willful negligence and this will be limited to any direct damage suffered by the user.

In any case, neither BROADPEAK nor any of its affiliates, directors, agents, employees, or other representatives shall be liable for any indirect, special, incidental, consequential, punitive, and/or exemplary damages including without limitation, loss of profits or revenues, loss of data, loss of opportunity, loss of business, and/or damage to image or reputation, in connection with this web site, its services and/or content, or the use of or inability to use any of them, reliance on the contents contained herein, or difficulties inherent to the functioning of the Internet network and more generally of the telecommunication

PRIVACY - DATA PROTECTION

By consulting the website, Broadpeak may collect personal data about users, in the context of its communication on its products services and activities, as well sales and marketing relationship in accordance with the General Data Protection Regulation (GDPR), regulation 2016/679 of the European Union, of 27 April 2016 and enforceable beginning 25 May 2018.

When user send us personal identifying information by a message (ie. in a message containing a question or comment, or by filling out a form that e-mails us this information), we use it to respond to user’s requests. We may forward its e-mail and/or information to other staff of Broadpeak enable to answer such questions or queries. We do not retain or distribute lists of e-mail addresses to any parties outside of Broadpeak and its sub-contractors and suppliers as necessarily required to maintain our database and perform our activities.

By using this web site, subscribing to the Newsletter, and/or registering on the web site, user acknowledges the related Privacy Policy.

User may request access to their Personal Data, and also the rectification, deletion, portability, limitation of processing and opposition to the data, according to BROADPEAK Privacy Policy. Users may exercise such rights by contacting Broadpeak by mail (Headquarters address listed here) or by email (privacy@Broadpeak.tv).

If user believes that BROADPEAK is not processing your data in accordance with the applicable regulations regarding cookies, it can file a complaint with the French data protection authority CNIL (https://www.cnil.fr/fr/plaintes).

COOKIES

A cookie is a text file deposited by a web server on a computer or mobile device. Only the server that created a cookie can retrieve and read its contents. Like cookies, local shared objects (also called "Flash cookies") and HTML5 local storage technology store data on user’s device and may record information about its activities and preferences. Cookies can be internal to BROAPEAK or from third party:
- Internal cookies (also called "first-party cookies") are those created and used by BROADPEAK as publisher of this website, even if BROADPEAK uses third-party website infrastructure providers to help design and manage our website.
- Third party cookies (also called "third-party cookies") are cookies generated and deposited by third parties and are only deposited if you accept them or if user continues its navigation by visiting the website of one of these third parties, for example by clicking the Twitter or Facebook pixel or beacons.
User can configure your browser to block these cookies or warn you of them, but some parts of the website will not work without them. For information on how to set its browser to block or notify user of these cookies, it can be checked here: Internet Explorer > Google Chrome > Mozilla Firefox > Safari > Opera
If user does not wish to provide this information please adjust your internet browser settings to security levels as appropriate so that cookies are blocked and erased from the hard drive, or you are warned before any cookies, javascript or ActiveX controls are stored.

If user have given its consent to the deposit of third party cookies and wish to withdraw it, it may revert to the web site Cookies management page.

Please note that access and/or use of certain functionalities, contents, and/or services may not be available or not work properly if cookies are deleted or cannot be accepted as we will be unable to recognize the information related to your computer.

LAWS

To the extent permitted by applicable laws, these terms shall be governed by and interpreted in accordance with the laws of France (with the exception of their conflict of law provisions, including any international conventions). All disputes arising out of or relating to these terms shall be brought before and finally resolved by courts sitting in Paris, France. User agrees to submit to the jurisdiction of, and agree that venue is proper for any legal action or proceeding relating to such web site and contents.

Effective Date - Last update: September [16] 2022
© 2023 – Broadpeak, S.A..
All Rights Reserved