Terms and conditions

The Terms and Conditions are dated May 1rst, 2016

Introduction

These Terms and Conditions govern your use of the website: www.sikana.tv (the “Website”).

By using the Website, you fully accept these Terms and Conditions.

The Website is published by the Association SIKANA EDUCATION, Association regulated by the Law dated July 1st, 1901; registered before the Préfecture of Paris under number 812 661 510 00014, which head office is located at 112 rue Ambroise Croizat, 93200 Saint Denis - France.

Number phone: +33 6 66 65 65 45

Email: contact@sikana.tv

Publication Director: Grégory Flipo

The Website is hosted by OVH, located at 2 rue Kellermann – 59100 Roubaix – France, which number phone is +33 9 72 10 10 07.

Website Use License

Unless stated otherwise, Sikana and/or its licensors are the owners of all intellectual property rights and material on the Website . In correspondence with the terms listed below, all of these intellectual property rights are reserved.

Users (“User” or “You”) may view, download (for caching purposes only), and print pages or videos from the Website for their own personal use, subject to the stipulations detailed in the Terms and Conditions.

Users must not:

Use of the Website

Before using the Website, Users must ensure that they have the technical and IT means to navigate and use the Website and that their browser provides secure access to the Website. They must also ensure that the computer configuration of their hardware / equipment is in good working order and does not contain any viruses.

Sikana reserves the right to modify, revise, delete, validate or change in whole or in part, any content ("Content") appearing on the Website or displayed on it.

Sikana may cancel, change or modify the Website and / or the Content at any time and without notice.

Acceptable use

You must not use this Website in any way that induces, or may induce, damage to the Website or interference with the Website’s accessibility.

You must not use this Website in any way that is unlawful, illegal, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or enterprise.

Users are permitted to share video links, but are forbidden from downloading the videos and sharing them on any online or offline platform. Any editing and/or modification of content is strictly prohibited.

Users must not use this Website to copy, cache, host, transfer, use, publish or distribute any material consisting of (or linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

Users are not permitted to conduct any systematic or automated data collection activities (including but not limited to: scraping, data mining, data extraction and data harvesting) on or in relation to the Website without Sikana’s expressed written consent.

Users must not use this Website to transfer unsolicited commercial communications.

Without Sikana’s prior expressed written consent, Users must not use this Website for any purpose related to marketing purposes.

Restricted access

Sikana reserves the right to restrict access to certain areas of this Website, or the entire Website, at its entire discretion.

If Sikana provides you with a user ID and password that enables You to access restricted areas of the Website or other content or services, You must agree to keep Your user ID and password confidential.

In case of lost, User must inform Sikana as soon as possible to allow Sikana to delete and assign new username and / or password to User.

Sikana reserves the right to disable Your user ID and password at its entire discretion with prior notice.

User content

In the Terms and Conditions, “Your user content” refers to material including, but not limited to: text, images, audio material, video material and audio-visual material that You may submit to this Website, regardless of purpose.

By using the Website, You grant Sikana a global, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute Your user content in any existing or future media, worldwide and for their duration of protection. You also grant to Sikana the right to sublicense these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, and must not infringe upon any third party's legal rights. Your user content must not be capable of giving rise to legal action, whether against yourself or Sikana or a third party (in each case under applicable law).

Users may not submit any content to the Website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

Sikana reserves the right to edit or remove any material submitted to this Website, stored on Sikana’s servers, hosted, or published on this Website.

Notwithstanding Sikana’s rights under these Terms and Conditions in relation to Your user content, Sikana does not guarantee the monitoring of such content submission, or the publication of such content on the Website.

Intellectual Property Rights

Is Sikana content copyrighted?

Sikana’s video tutorials are protected by copyright law under the Creative Commons (CC) license.

What does the Sikana Creative Commons license permit?

The Creative Commons license allows Users to access Sikana videos, free-of-charge.

Users must comply with the following terms if they wish to publish Sikana content on an independent or personal web domain.

Attribution: User must explicitly cite Sikana’s ownership of the material’s original content. All company logos, graphics, and video or audio content must remain in its original form. Editing or altering Sikana content is strictly prohibited.

Non-Commercial: Users are prohibited from utilizing Sikana's content for the purpose of commercial or capital ventures. All Users, companies, or entities who wish to establish a branded content offering must request a Distribution Partner License Agreement with Sikana. For further information regarding this policy, please contact us at contact@sikana.tv.

Non-Derivative: Users are not permitted to modify or alter the videos in any way. This includes (but is not limited to) editing, cutting, remixing, shortening, adding overlays, or changing the content in any way.

Modification of the aforementioned terms may only occur once User has obtained Sikana’s expressed written consent. For the complete list of terms and conditions, please refer to the Creative Commons (CC) license.

Can I repost or republish Sikana videos on my personal website or blog?

Any User wishing to repost or republish Sikana content must adhere to the following terms.

Video Player: Users are prohibited from scraping video content from the Sikana Website. Users must enable Sikana to monitor all content operation via the Sikana (or YouTube) embeddable player.

Attribution: Users must include a clear viewable link to the Sikana Website.

Playing Videos in Their Entirety: Users are forbidden from modifying or altering Sikana content in any way.

Can I use Sikana videos in my classroom?

Sikana video content is permitted for use within a classroom setting (for the purpose of education) provided that User adheres to all of the terms outlined in the Creative Commons license. Sikana encourages the use of the materials for educational purposes.

Can I edit, modify or remix Sikana videos?

Sikana’s Creative Commons license explicitly restricts "derivative works" of any kind (edits, cuts, remixes, mash-ups, etc.) without the prior expressed consent of Sikana.

Can I use an image from Sikana?

All Users who wish to request a Sikana image may do so by contacting us at contact@sikana.tv.

Limitations of liability

The liability of Sikana is limited to direct damages. Sikana can not, under any circumstances, be held responsible for consequential and indirect damages as defined by the French courts and for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

To the extent permitted by applicable law, Sikana accepts no liability for any damage resulting from fraudulent intrusion by a third party leading to modification or alteration of the information / content on the Website or having caused damage to any User of this Webiste; and more generally for any damage, whatever the causes, origins, nature or consequences, caused by reason of anyone accessing the Website or inability to access it.

Sikana can not, in any way, be held responsible for problems or technical malfunction related to telephone networks, computer online systems, servers, Internet providers, computer equipment and / or software users.

Any User who attempts the activities portrayed in SIKANA's video tutorials does so at his or her own risk. SIKANA is in no way responsible for any physical injury or property damage that may occur as a result of attempting to replicate the activities shown in our videos.

Exceptions

Nothing in this Website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this Website disclaimer will exclude or limit Sikana's liability in respect of any:

Other parties

To the extent permitted by applicable law, You accept that, as a limited liability entity, Sikana has an interest in limiting the personal liability of its officers and employees. You agree that You will not bring any claim personally against Sikana’s officers or employees in respect of any losses you suffer in connection with the Website.

Unenforceable provisions

If any provision of this Website disclaimer is, or is found to be, null under applicable law, that will not affect the validity of the other provisions of this Website disclaimer.

Indemnity

By using this Website, You accept full responsibility against any losses, damages, costs, liabilities and expenses (including, but not limited to, legal expenses and any amount paid by Sikana to a third party in settlement of a claim or dispute on the advice of Sikana’s legal advisers) incurred or suffered by Sikana arising from any breach made by You of any provision of these Terms and Conditions, or arising out of any claim that You have breached any provision of these Terms and Conditions.

Breaches of the Terms & Conditions

Without bias to Sikana’s other rights specified under these Terms and Conditions, should You breach these Terms and Conditions in any way, Sikana reserves the right to take necessary action to deal with the breach, including: suspending access to the Website, prohibiting access to the Website, restricting computers containing Your IP address from accessing the Website, contacting Your internet service provider to place a formal request to restrict your access to the Website and/or bringing court proceedings against You.

Variation

Sikana may occasionally revise these Terms and Conditions. Revised Terms and Conditions will apply to the use of this Website from their date of publication.

Please check this page regularly to ensure You are familiar with the current version.

Assignment

Sikana may transfer, subcontract or otherwise deal with Sikana’s rights and/or obligations under these Terms and Conditions without notifying You or obtaining Your consent. However, the assignee will be bound by the provisions of the Terms and Conditions.

Unlawful Provisions

Should any provision of these Terms and Conditions be deemed unlawful or null and void by any court or other competent authority, the other provisions will remain in effect. If any unlawful and/or void provision requires the removal of a section in order to be deemed lawful or valid, the remaining elements of the provision will continue in effect.

Agreement Entirety

These Terms and Conditions, in relation with the Privacy Policy, constitute the entire agreement between You and Sikana in relation to your use of this Website, and supersede all prior agreements in regard to Your use of this Website.

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with French law.

The parties agree to submit, in any dispute that may arise in connection with the interpretation and / or implementation of these Terms and Conditions or in connection with this Website, a conventional mediation or other means alternative resolution of their differences, User may also choose to enter the relevant courts.

In case of failure of this procedure for mediation or legal action from User, the rules of the French Code of Civil Procedure will apply.

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