Legal information

In accordance with the provisions of Articles 6 III and 19 of Law No. 2004-575 of June 21, 2004 for Confidence in the Digital Economy, called L.C.E.N., it is brought to the attention of users and visitors, hereinafter the "User" of the site ATPRODUCTION INC, hereinafter: www.atproductioninc.com, these legal notices.

The connection and navigation on the Site by the User implies full acceptance and without reservation of these legal notices. They are accessible on the Site under the heading "Legal".

ARTICLE 1 - THE PUBLISHER

Hereinafter the "Publisher, the Company ATPRODUCTION INC, Société en Participation (SEP), with a capital of 6 000.00 euros, whose headquarters is located at 49 Rue de Ponthieu, 75008 Paris, reachable by phone at 09 52 07 56 90 and by mail contact@atproductioninc.com. The said company is not registered with the RCS, in accordance with Article 1871 of the Civil Code, and is not subject to VAT.

ARTICLE 2 - THE HOST

The host of the Site is the company WIX.COM LTD whose head office is located at 40 port of Tel Aviv 99207 JAFFA registered with the RCS 808 452 825.

ARTICLE 3 - GENERAL TERMS OF USE (CTU)

1. Purpose and scope of application

The general conditions of use (known as "GTU") define and provide a legal framework for accessing and browsing the website, and determine the respective rights and obligations of the user and the publisher in the context of the use of the website.

The purpose of the present general terms of use (known as "GTU") is to provide a legal framework for the terms and conditions for the provision of the site and services by (indicate the name of the site) and to define the conditions of access and use of the services by the "User". The present GTU are accessible on the site under the heading "legal notice" or "GTU" at the foot of the site.

These conditions constitute the contract between the Site Editor and the third party User. The access to the site by the User means his acceptance of the present GTU. He then undertakes to respect these conditions. Consequently, the registration by the User to the member space of the Site implies the acceptance without reserve nor restriction of the present "CTU" by the user. When registering on the site via the Registration Form, each user tacitly accepts these "GTU". In the event of non-acceptance of the "GTU" stipulated in this contract, the User must renounce access to the services offered by the Site www.atproductioninc.com.

2. Access to the website

The Website is accessible free of charge, without interruption (7 days a week, 24 hours a day), by all users, from the territories of the French Republic or abroad, except in the case of force majeure, scheduled or unscheduled interruption and which may result from a need for maintenance.

In case of modification, interruption or suspension of the Website, the Editor cannot be held responsible.

3. Personal data

The Website ensures the User a collection and processing of personal information in respect of privacy in accordance with the law n°78-17 of January 6, 1978 relating to data processing, files and freedoms and more broadly in accordance with the EU Regulation 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data.

The website ensures the User a collection and processing of personal information in compliance with the law n°78-17 of January 6, 1978 relating to data processing, files and freedoms. The site is declared to the CNIL under the number (indicate the declaration number)

Under the Data Protection Act of January 6, 1978 and the General Data Protection Regulation of 2016, the User has a right to information, access, rectification, deletion, opposition, and portability of his personal data. The User exercises his rights of opposition, portability and deletion by sending an e-mail to the Publisher (contact@atproductioninc.com) or via the contact form in the "contact" section.

4. The use of cookies

The User is informed that during his visits to the website, a cookie may be automatically installed on his browser. Cookies are small files that are temporarily stored on the User's computer hard drive by your browser and are necessary for the use of the website. Cookies do not contain any personal information and cannot be used to identify anyone. A cookie contains a unique identifier that is randomly generated and therefore anonymous. The information contained in cookies is used to improve the site.

By browsing the website, the User can consent by accepting these cookies or refuse them by clicking on the options in the black banner on the bottom of the browser. The User can also block these cookies in the preferences of his browser in the privacy pane. Disabling cookies may prevent the user from browsing certain parts of the site. Services such as shopping carts, contact form, for example, cannot be provided. These cookies collect information about your use of our website: for example, which pages you visit most often. This data can be used to optimize our websites and make them easier to navigate.

5. Intellectual Property

The site is protected by copyright. The use of all or part of the sites, in particular by downloading, reproduction, transmission or representation on all media and by all processes, for purposes other than personal and private use for non-commercial purposes is strictly prohibited.

Any unauthorized reproduction or representation of trademarks, logos, designs, models, literary, musical, audiovisual, photographic works and more generally any element likely to be protected by an intellectual property right accessible on the sites is prohibited and would constitute an infringement within the meaning of Articles L335-2 et seq. of the French Intellectual Property Code, unless such reproduction or representation is reserved exclusively for strictly personal and private use.

Any use, reproduction, distribution, marketing, modification of all or part of the Site, without permission of ATPRODUCTION INC is prohibited and may result in actions and legal proceedings in accordance with the provisions of the Code of Intellectual Property and the Civil Code.

In addition, it is recalled in accordance with Article L122-5 of the Code of Intellectual Property that the User who reproduces, copies or publishes the protected content must cite the author and its source.

6. Responsibility

The sources of information published on the site ATPRODUCTION INC are deemed reliable but the site does not guarantee that it is free of defects, errors or omissions. The information provided is presented as an indication and general without contractual value. Despite regular updates, the site ATPRODUCTION INC can not be held responsible for changes in administrative and legal provisions occurring after publication. Similarly, the site can not be held responsible for the use and interpretation of information contained in this site. The site includes a member's area: The User must keep his password secret. Any disclosure of the password, in whatever form, is prohibited. He assumes the risks related to the use of his login and password. The site disclaims any responsibility.

The site ATPRODUCTION INC can not be held responsible for any viruses that may infect the computer or any hardware of the user, following a use, access or download from this site. The responsibility of the site can not be engaged in case of force majeure or unforeseeable and insurmountable fact of a third party.

7. Hypertext links

Hypertext links may be present on the Site. The User is informed that by clicking on these links, he will leave the site ATPRODUCTION INC. The latter has no control over the web pages on which these links lead and can not, in any case, be responsible for their content.

8. Applicable law and jurisdiction

French law applies to this contract. In the event of failure to resolve a dispute between the parties amicably, the French courts shall have sole jurisdiction. For any question relating to the application of the present "CGU", you can contact the editor at the address and phone number listed in ARTICLE 1.

In accordance with L152-1 and following of the code of consumption, any consumer has the right to have recourse free of charge to a mediator of consumption for the amicable resolution of the litigation which opposes it to a professional. To this end, the professional guarantees the consumer effective recourse to a consumer mediation system.

The trader may set up his own consumer mediation scheme or offer the consumer recourse to any other consumer mediator meeting the requirements of this Title.

Where there is a consumer mediator whose competence extends to all the businesses in an area of economic activity to which he belongs, the professional shall always allow the consumer to have recourse to it.

ARTICLE 7 - GENERAL CONDITIONS OF SALE (GCS)

1. Purpose and scope of application

These general conditions of sale (GSC) constitute the basis of the commercial negotiation and the contract of sale or provision of services between the seller/service provider and the buyer/beneficiary and are accessible from the heading "legal" or "GSC".

The general conditions of sale described below detail the rights and obligations of the company ATPRODUCTION INC (SEP) and its customer in the context of the provision of services and the sale of goods following:

- Realization and Production of video (Preparation, Shooting ...)

- Post-Production (Editing, Visual Effects, Sound FX, Colorimetry, Transition)

- Photography (Photo Shooting + Retouching)

- Sale of intangible personal property (Photography, Digital image with copyright)

- Sale of tangible personal property (Paintings, photography with copyright)

Any acceptance of the estimate/order form " Invoice " implies the adhesion without reserve of the purchaser to the present general conditions of sale.

2. The price

The prices of the services or goods sold are those in force on the day the order is taken. They are denominated in euros and calculated without taxes. Consequently, they will be increased by the transport costs applicable on the day of the order.

The company ATPRODUCTION INC grants itself the right to modify its prices at any time. However, it undertakes to invoice the services and goods ordered at the price indicated at the time of registration of the estimate or order.

3. Discounts and rebates

The proposed rates include discounts and rebates that ATPRODUCTION INC would have to grant given its results or the assumption of responsibility by the buyer of certain services.

4. Terms of payment

The payment of orders is made :

either by cash payment
or by credit card;
or by Apple Pay and Lydia.

The terms of payment are provided for in the contract of sale or service provision.

5. Advance payments

Deposits do not apply except in exceptional cases*. The sale of tangible and intangible personal property is conditional upon the full payment of the sale price prior to the shipment and delivery of the said property. In the same sense, the realization of the service is conditioned to the complete payment of the agreed price.

The application of an deposit concerns only the contracts of services of the company ATPRODUCTION INC.

*In the case of a deposit, and after acceptance of the price agreed between the parties, for the realization of the promised service, a payment equivalent to 50% of the total price must be paid to the company ATPRODUCTION INC. This deposit will be a necessary condition for the realization of the service.

If the service provider does not perform the promised service after payment of the deposit according to the terms of the service contract, then this may result in the return of the deposit and the resolution of the contract. If the customer who has received the service withdraws from the contract, his contractual responsibility can also be invoked. In this case, he may be ordered to pay damages to the service provider. The deposit paid will be considered as acquired for the service provider and will not be refunded.

6. Resolutive clause

If in the fifteen days following the implementation of the clause "Late payment", the beneficiary of the service has not paid the sums due, the service contract will be resolved by right and may open the right to the allocation of damages to the benefit of the company ATPRODUCTION INC.

7. Intellectual Property

a. The protection of works by copyright

The copyright confers two types of rights: the moral rights that protect the non-economic interests of the author and the economic rights that allow the holder of rights to receive remuneration for the exploitation of his works by third parties.

ATPRODUCTION in its capacity as author of the work of the mind enjoys on this work, by the mere fact of its creation, an exclusive intangible property right and enforceable against all in accordance with Articles L111-1 and L111-2 of the Code of Intellectual Property. Consequently, the original work is protected from its creation by the sole fact of its realization.

The moral right, being a component of the copyright, allows to protect the originality of the work through several rights:

- By the right of disclosure: When it is appropriate to bring the work to the knowledge of the public, the consent of the author is obligatory according to article L121-2 of the CPI.

- By the right to the paternity: Obligation to put the sources of the author so as to be able to identify him clearly according to the article L113-1 of the CPI.

- By the right to the respect of the work: The work must not be distorted by a third party.

- By the right of repentance/withdrawal: The author can retract towards his co-contractor in the application of the article L121-4 of the CPI.

These moral rights are inalienable, perpetual and transmissible for cause of death.

b. The scope of the protection

The copyright applies as well on an audiovisual work as on a photographic work.

c. The publication of the works on the site

The company ATPRODUCTION INC can, without prejudice, freely publish its creations on the Site in the section "our creations", unless otherwise clearly and precisely stated.

d. Exceptions in terms of protection

The exceptions are provided by Article L122-5 of the CPI and by the directive of April 17, 2019. In this sense, the author cannot prohibit, provided that the name of the author is clearly indicated, the analyses and short public quotations justified by the critical, polemical, educational, scientific or informative character of the work in which they are incorporated.

Copies or reproductions made from a legal source and strictly reserved for the private use of the copier and not intended for public collective use are authorized. It is also possible to distribute extracts, passages, of a video publicly. The public use of a work, through a parody or a caricature, is also legally authorized. However, the abusive use of this last exception can be sanctioned by the action of defamation diligentée by the author.

Finally, this right of quotation must not interfere with the normal exploitation of the work nor cause unjustified prejudice to the legitimate interests of the author.

e. The transfer of the author's rights

The transfer of rights is not automatic. The said transfer concerns, for example, the right of reproduction, representation, adaptation or translation. The moral right, on the other hand, remains non-transferable. Any clause to the contrary is deemed unwritten.

The author must expressly state the rights, in a distinct way, that he wishes to transfer with the modes of exploitation, in accordance with the article L131-3 of the CPI. If necessary, the rights will be transferred for a fee in the service contract according to article L122-7 of the CPI.

In case of transfer of these rights, the company ATPRODUCTION, INC retains by right its neighboring right.

f. Duration of the protection

In application of Article L123-1 of the CPI, the author enjoys, during his lifetime, the exclusive right to exploit his work in any form whatsoever and to make a financial profit.

At the death of the author, this right persists to the benefit of his successors during the current calendar year and the seventy years which follow.

g. Paternity

The author can claim that his paternity is revealed to the public when it is hidden according to the article L121-1 of the CPI. In these conditions, the third party exploiting the work is then obliged to clearly mention the name of the author of the work.

h. The counterfeit

The third party who seizes the work of others without authorization is sanctioned by the offence of counterfeiting according to article L335-3 of the CPI. A civil action in delictual responsibility can also be diligent in the application of the article 1240 of the Civil code.

The material element of this offence of counterfeiting concerns the plagiarism, the copy, the total or partial capture, the reproduction of a work in violation of the author's rights.

The company ATPRODUCTION INC will be able to act in counterfeiting within a time limit of six years with the criminal court and five years with the judicial court in order to stop the infringing work.

Thus, in penal matters, the infringer is exposed to a penalty of three years of imprisonment and a fine of 300 000 euros. Additional penalties can be added such as the destruction of the infringing works, the payment to the victim of the equivalent of the price that the latter would have asked for if his authorization had been requested by the defendant.

In civil matters, beyond the destruction of the work, the victim would be compensated through the allocation of damages resulting from the whole of its undergone prejudices.

8. Delivery

The delivery is made :

either by handing over the goods directly to the buyer ;
or by sending a notice of availability in store to the attention of the buyer;
or by depositing the goods at the place indicated by the buyer on the order form.

The delivery time indicated at the time of order registration is given as an indication only and is not guaranteed.

Consequently, any reasonable delay in the delivery of the products will not give rise to the benefit of the purchaser to :

the allocation of damages and interests;
the cancellation of the order.

The transport risk is borne in full by the buyer. In the event of missing or damaged goods during transport, the buyer must formulate all necessary reserves on the order form upon receipt of the said goods. These reservations must be confirmed in writing within two days of delivery, by registered mail addressed to the company.

9. Delivery times

Delivery times are subject to the availability of supplies. The service contract may specify the delivery date.

Except in cases of force majeure (war, riot, fire, total or partial strike.), in case of delay in delivery of more than 15 working days after the indicative date of delivery, the buyer will have the option of cancelling his order, without being able to claim any compensation whatsoever.

10. Returns

Any return of product must be formally agreed between the seller and the buyer.

11. Force majeure

The responsibility of the company ATPRODUCTION INC can not be implemented if the non-performance or delay in the performance of one of its obligations described in these general conditions of sale is due to a case of force majeure. For this reason, the force majeure means any external, unforeseeable and irresistible event in the sense of Article 1218 of the Civil Code.

12. Competent court

Any dispute relating to the interpretation and execution of these general conditions of sale is subject to French law.

In the absence of amicable resolution, the dispute will be brought before the Paris Court of Justice.

In Paris, July 6, 2022

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