TERMS OF USE
AND PRIVACY POLICY

This internet website accessible at the following URL address: http://theoriginalsgroup.com (referred to herein as the « Website ») is the institutional and corporate website of the simplified joint stock company TOG – THE OLIGARCHS GROUP, regrouping the following companies (TOP- The Oligarchs Productions, TOE-The Oligarchs Editions, TOD- The Oligarchs Digital, TOM-The Oligarchs Music, TOA- The Oligarchs of America).

The purpose of these general terms of use and privacy policy of the Website (hereinafter the “Terms of Use“) is to inform users (hereinafter the “User“), i.e. any visitor to the Website, of the conditions under which he or she may access the Website, various services offered (hereinafter the “Services“), use any of its content therein or attached thereto (including but not limited to this list, the structure/architecture of the Website, information, databases, data, logos, Brands, trademarks, company names, trade names, files, texts, articles, illustrations, stills, photographs, audio and video animations, Players or any other work protected by copyright, a related right, trademark law or by any other property right), (hereinafter the “Contents“).

THE WEBSITE IS PUBLISHED BY: the Company TOG-The Oligarchs Group – a simplified joint stock company, with a capital share of €17,010,000 registered at the Registre du Commerce et des Sociétés de Paris under the following number 818 876 641, having its registered offices located 1 RUE MONCEY 75009 PARIS and corresponding address located Cité du Cinéma, 20 RUE AMPERE, 93200 SAINT DENIS, (hereinafter referred to as the «Company»).

– Contact : Access to the form

PUBLICATION DIRECTOR: Alex BERGER

THE WEBSITE IS HOSTED BY: The company OVH, a simplified joint stock company, with a capital share of 10 069 020 €, registered at the Registre du Commerce et des Sociétés of the city of Lilles Métropole under the following number 424 761 419 00045, with its registered offices located 2 rue Kellermann – 59100 Roubaix – France.

– Telephone : +33 (0)9 72 10 10 07

2. Terms of use of the Website and services

Consultation and access to the Website theoriginalsgroup.com implies the automatic, full and complete application and acceptance of the Terms of Use described below. In the event that a User refuses to adhere to the Terms of Use, he or she must imperatively refrain from any access to the Website.

The applicable Terms of Use are those in force at the date of each connection of the User to the Website.

The Company may make changes to its Terms of Use, which may be modified or supplemented at any time. These modifications are brought to the User’s attention by the simple fact of their being put online. Consequently, they are deemed to be accepted without reservation by any User accessing the Website after they have been put online. Consequently, the User is invited to refer to them during each visit in order to be aware of their latest version available on the Website.

This Website is normally accessible at all times to Users with an Internet connection. Access to the Site does not entail any additional cost to the User for loading and sending data, except for the cost of an Internet subscription to the operator. It is nevertheless recommended to use a secure wifi network.

The User is invited to equip himself/herself with antivirus software in order to protect his/her terminals from viruses and other risks related to the specificities of the Internet.

The Company authorizes access to the Website from any country, subject to applicable local laws and restrictions. Any User accessing the Website from a computer located outside of France expressly acknowledges having read, understood and accepted without reservation the terms of the Terms of Use and undertakes to comply with local legislation and all restrictions applicable to the country concerned. The Website is in principle accessible anywhere in the world and therefore certain Content may be unavailable for reasons of restricted exploitation rights.

By consulting the Website, the User declares and acknowledges that he or she is an adult or, in the case of a minor, declares and acknowledges that he or she has obtained prior authorization from his or her parents or the holder(s) of parental authority to use the functionalities and view the Contents of the Website. The holder(s) of parental authority has (have) agreed to be guarantor(s) of compliance with all the provisions of these Terms of Use during the use of the Website by the minor User. Thus, parents (or holders of parental authority) are invited to monitor the use made by their children of the Content made available on the Website and to bear in mind that, as legal guardian, it is their responsibility to monitor the use made of it.

The User shall refrain from using any hardware or software likely to alter, hinder or distort the operation of the Services and the Website, or from introducing any data into an automated data processing system of the Company likely to alter, hinder or distort the normal operation of the Services and the Website, and in particular to circumvent the restrictions on use defined by the Terms of Use.

3. Description of the Services provided:

3.1 Information on the Company and its subsidiaries activities

The purpose of the Website is to provide information concerning all the activities of the Company and its subsidiaries (TOP, TOE, TOD, TOM et TOA).

The Company strives to provide on the Site information that is as accurate as possible. Despite careful attention being paid to creating and updating the Website, the Company may not be held liable for omissions, inaccuracies and deficiencies in the update, whether caused by itself or by third party partners who provide it with information, nor for problems related to connecting to the Website or interruptions in the connection to the Website. The Company accepts no liability in this regard.

3.2 Content viewing

Access to the Website allows User to view the Website’s Contents, whether User uses or not the Player. The “Player” refers to the tool enabling broadcasting and playing video, audio and photo files. The Player is exportable, in the form of a computer code, and allows the User to display said Content available on other sites, applications or social network, (hereinafter referred to as the “ Third Party Platforms and/or Applications”) hosting the said Content.

“Third Party Platforms and/or Applications” refers in these Terms of Use to services and/or contents published by third party partners or not, which Contents are made available on and/or from the Website, notably through hypertext links,  icons, logos, Players.

The User already acknowledges that Third Party Platforms and/or Applications are completely independent of the Company. Therefore, their use through the Website will be subject exclusively to the terms of use and/or sale specific to each Third Party Platforms and/or Applications.

User has the possibility to share on his personal accounts certain Contents made available on the Company’s social network pages which may require User to log in through his account to such services, platforms, websites or applications owned by third parties such as Facebook, Twitter, Google + Imdb or LinkedIn governed by terms of use specific to each third party publisher, excluding Company’s liability.

User may be required to connect to these different social networks, platforms or community applications by using his/her personal account log ins, or if necessary the creation of a specific account for each social network or community platform or application, may be required to use any sharing feature involving interaction of a Content with these social networks.

All the information mentioned on the Website is given for information purposes only, and is subject to change. Furthermore, the information on the Website is not exhaustive. It is given subject to changes that have been made since it was last put online.

3.3 Services

The Website allows the User to contact the Company after completing the contact form and selecting the purpose amongst the following items: “Press and communication “, “Internship/Job“, “LBDL community“, “Other“.

  • “Press / Communication “: Users who wish to write an article, to use a Content appearing on the Website, will select this item;
  • “Internship/Job“: Users who wish to apply for an internship or a job spontaneously may share his /her curriculum vitae and a brief cover letter as attachments, copy a link to his/her pages on professional social networks (Linkedin, Imdb) by selecting this item;
  • “The Bureau Community“: Users who wish to receive further information on the series “THE BUREAU” may require through this item;
  • “Other”: Users may send any other request that does not correspond to one of the aforementioned items and, in particular, any request for opposition, withdrawal or modification in accordance with the law no. 78-17 of January 6, 1978 known as the “French Data Protection Act“.

The User’s Personal Data will be collected in accordance with the Terms of Use (see article 7 below).

The Website may, without being obliged to, reply to the messages sent through by the User.

The User commits not to transmit any text, image, audio or video messages of a violent, racist, insulting, defamatory, pornographic or hateful nature.

The User guarantees that all the elements he addresses to the Company are all rights cleared, truthful, that the links are not vitiated and free of viruses, malware, bugs or any other computer software that would harm the Company if it were to click on or open an element uploaded and sent by the User.

4. Contractual limitations on technical requirements

The Website is operated by using the Google Analytics technology.

The required settings to enjoy the best experience of the Website is :

  •  “Cookies” enabled (otherwise User’s favorites will not be remembered at the next Website visit)
  • Java script enabled
  • Minimum resolution quality 1280 x 800
  • Plugins
  • Microsoft Silverlight
  • Adobe Flash Player
  • Browser: latest and next to last versions of Chrome, Edge, Firefox, Safari,
  • Operating Systems: latest and next-to-last versions of Windows, Mac OS, iOS and Android.

In any event, the Website may not be held liable for any material damage related to the use of the Website by the User. In addition, the User of the Website undertakes to access the Site using recent equipment, free of viruses and with a latest-generation, updated browser.

The Company reserves the right to restrict access to one or more Services and/or Content from certain mobile terminals on which the reading quality would not be deemed sufficient.

The Company may elect, without its liability being engaged and in order to accord the organization and proper functioning of one (or more) Services, to implement restrictions, in particular technical restrictions that the User accepts.

Thus, the Company may deem necessary in particular to :

– implement a time Limit to the availability of certain Contents accessible on a purely free basis;

– Discretionarily withdraw Content, without notifying the User;

– Restrict access to one or more Contents from certain Media on which the reading quality is not deemed sufficient.

5. Intellectual Property

The Company is the owner of the intellectual property rights and/or licensee of the rights of use on all the elements and/or Contents accessible on the Website, in particular the architecture of the Website and all Contents reproduced on the Website which are reserved and protected by intellectual property law, in particular copyright law, neighboring rights law, trademark law for France and/or for the whole world.

5.1 Trademark rights

The trademarks TOG, TOP, TOE, TOD, TOM, TOA, Le Bureau des Légendes, The Bureau, whether figurative or not, displayed on the Website, are registered or unregistered trademarks, belonging to (or owned by) the Company, in particular the trademarks, or owned by third party licensors, (hereinafter referred to as the « Trademarks »).

The mention of the Trademarks on the Website does not constitute in any way to the User, implicitly or explicitly, a grant of rights of use, a license or any authorization whatsoever relating to the use of such Trademarks; except in the case of specific, prior and written authorization from the Company and the concerned third party, if applicable.

Any use by the User of any Trademarks appearing on the Website, without prior, specific and written authorization from the Company and any concerned third party, if applicable, is strictly prohibited. The Company and/or the concerned third party may take any legal action, including criminal proceedings, to ensure that their rights to the Trademarks are respected.

5.2 Copyright

The architecture and structure of the Website, the Contents, are likely to be protected by any copyright regulations, and are the property of the Company and/or third parties licensors.

Any reproduction, representation, modification, publication, adaptation, alteration, marketing of all or part of one or more elements and/or Contents of the Website or appearing on the Website, regardless of the means or process used, is prohibited, except with the prior and written authorization of the Company.

However, the Company grants the User, by these Terms of Use, the right to view, store and reproduce copies of pages or excerpts from pages of the Website, but only for his or her private needs and on a non-transferable and non-assignable basis to third parties, to the exclusion of any commercial use, in strict compliance with the Terms of Use, subject to having obtained the specific, prior and written authorization of the Company and/or the concerned third party.

Thus, the User shall in no event:

– Reproduce or transfer, in whole or in part, the Contents, to sell, distribute, transmit, publish or communicate them, in any form whatsoever other than for private purposes without commercial purposes,

– To reuse any Content for commercial or advertising purposes,

– To introduce data on the Website, which would modify or be likely to modify, in any way whatsoever, the Contents or the appearance of the Contents and more generally to harm the integrity of the Contents, the Website, the Website Editor or any person having a right to one of the Contents appearing on the Website.

For reproductions that have been specifically authorized for the strict needs of the User (see above), the following notice must be visible on each copy where the reproduction appears: « Copyright TOG – THE OLIGARCHS GROUP ».

The User agrees to comply with all applicable national, Community or international laws and regulations, in particular those relating to copyright, trademark and patent law, press law and communication law.

Any unauthorized use of the Website or of any of the Contents it contains will be considered as constituting an infringement and will be prosecuted in accordance with the provisions of articles L.335-2 and following of the French Intellectual Property Code, without prejudice to other proceedings (piracy, circumvention of distribution restrictions, etc…).

6. Responsibilities

6.1 Limitation on liability

The Company shall not be held liable for any direct or indirect damage caused to the User’s equipment, when accessing the Website, and resulting either from the use of equipment that does not meet the specifications indicated in points 2 and 4 of these Terms of Use, or from the occurrence of a bug or incompatibility.

The User acknowledges that the Company has an obligation of means with respect to the provision of the Services and will make its best efforts to ensure the accessibility of the Website. The Company shall in no event be held liable for any lack of functionality or failure to provide any part of the Services, nor or any loss of content or data due to User’s equipment, devices, operating system or internet connection; or User’s failure to comply with specified compatibility and security requirements as specified above. Accessibility to the Website may be suspended for maintenance or upgrading purposes, in order to ensure the proper functioning of the Website, without any obligation to inform Users in advance.

The Company shall not be held liable for any indirect damage (such as, for example, loss of business or loss of opportunity) resulting from the use of the Website.

6.2 Exclusion of liability

The Company declines all responsibilities in the event of abusive or illicit use or exploitation of all or part of the Contents of the Website.

The Company offers no guarantee concerning the risks of interruption or malfunctioning related to the connection, congestion of networks and/or computer systems, intrusion by unauthorized third parties and contamination by any viruses circulating on the said networks and services.

The Company excludes any guarantee whatsoever with respect to the Website, and more generally to all of the Content accessible on the Website. Under no circumstances may the Company (or any third party involved in the creation of the Website) be held liable or be indebted to any User of the Website or any other third party for any direct or indirect damage resulting from the use of the Website, or any other site, platform or application linked by a hyperlink; in particular, for loss of profit, business interruption, loss of User’s or any other third party information systems programs or other data, even if the Company is expressly informed that such damage is possible. The connection of a User to any other site from the Website is at his or her own risks. The Company offers no guarantee as to the compliance with the regulations in force by the service publishers of the Third Party Platforms and/or Applications, who are solely responsible for themselves.

In addition, the User guarantees the Company that he or she is using the Website in strict compliance with these Terms of Use and/or the regulations in force. In this respect, the User guarantees the Company against any and all actions or claims, including legal and court costs, convictions, damages, losses, costs and miscellaneous expenses incurred by the Company and resulting from any claim, demand, demand, recourse, action or conviction, if these are directly or indirectly due to, based on or originating from a breach of these Terms of Use and/or the regulations in force.

Despite all the care taken in the creation of the Website and its regular updating, the Website is likely to contain inaccuracies and/or typographical errors and/or omissions in the Content presented. Changes and updates are regularly implemented on the Website by the Company, which cannot be held responsible for the quality, accuracy, timeliness, order and completeness of the Content appearing on the Website, nor is it under any obligation to update the data. No authority has confirmed the accuracy or satisfactory nature of the Content appearing on the Website.

In order to improve the Website or during maintenance operations (scheduled or due to an emergency), the Company may, from time to time, temporarily interrupt the operation of the Website, without prior notice to Users. The Company shall not be held liable for the temporary unavailability of the Website or for any damage caused by such maintenance operations.

The Company shall not be held liable in the event of an interruption or alteration of the quality of the Website and Services due to the occurrence of a case of force majeure. The following in particular are considered to be cases of force majeure: exceptional bad weather, natural disasters, epidemics, fires and floods, lightning, attacks, breakdowns and blockages of electronic telecommunications networks, damage caused by physical or computer viruses for which the security means available on the market do not allow their eradication, as well as any legal or regulatory or public order obligation imposed by the competent authorities and which would have the effect of substantially modifying the Terms of Use, or any other event of force majeure or fortuitous event, as defined by the legislation in force and the French Court of Cassation.

7. Personal Data

In France, personal data is notably protected by law n° 78-87 of January 6, 1978, law n° 2004-801 of August 6, 2004, article L. 226-13 of the Penal Code and the European Directive of October 24, 1995.

The processing of your Personal Data is carried out by the Company in accordance with the applicable regulations, in particular the European Regulation known as “RGPD” (n°2016-679 relating to the protection of individuals with regard to the processing of personal data and to the free circulation of such data) and the “French Data Protection Act “, (Law n°78-17 of 6 January 1978 relating to data processing, files and liberties, as amended, and any regulations that supplement or replace them.

By using the Website, the following data may be collected :

  • Technical data :

– the URL of the links through which the User accessed the Website,

– the User’s service provider,

– the User’s Internet Protocol address (IP),

– location data such as that transmitted by the User’s mobile device or any other connected device when the Website is visited, where permitted by law,

– the date, time of connection and/or navigation,

– the browser’s language as used,

– Cookies,

– data relating to the Content shared on services, sites, applications published by third parties.

  • Personal Data:

– the surname, first name, telephone number, e-mail address and company name, if any, of the User sending a message to the Company via the “Contact form”,

– the content of the message addressed to the Company as well as any information, document, text, animated or stills, with or without sound, transmitted by the User to the Website via the “Contact form”, (hereinafter referred to as the “Data”).

Personal Data refers to data that directly or indirectly identifies the User, such as name, e-mail address, address, telephone number or enables to directly or indirectly identify a User.

Some of the information procured by Cookies does not directly or indirectly identify a User and does not constitute Personal Data. Others may identify indirectly the User and legally constitute Personal Data.

In any event, the Company only collects personal information relating to the User for the purpose of certain Services offered by the Website to which the User subscribes when browsing the Website or using the Services of the Website. The User provides this information with full knowledge of the facts, in particular when he or she enters it. It is then specified to the User of the Website the obligation or not to provide this information.

In accordance with the provisions of articles 38 and following of the law 78-17 of January 6, 1978 known as the “French Data Protection Act“, any User has a right of access, modification, and opposition to the Personal Data that concerns him/her, by making a written and signed request, accompanied by a copy of an identity document with the signature of the holder of the document, specifying the address to which the reply should be sent.

The User may also, for legitimate reasons, object to the processing of Data that concerns him/her.

To exercise such rights, the User must contact the Company via the “Contact Form” link accessible from the Website and select the “Other” item.

The Company is extremely concerned by insuring protection, integrity and confidentiality of the Data provided by Users. However, the measures implemented are not unbeatable despite the means used.

The Data collected is kept for the time necessary for its purpose unless a longer period is imposed or permitted by law.

Elements downloaded by the User addressed to the Company via the “contact form” will be kept by the Company for a period of 5 (five) years from the time these elements were transmitted to the Company.

The Company may use the Data to comply with its legal obligations or in its legitimate interest, such as to personalize the User experience, to develop or improve its Services or to detect illegal activities.

None of the User’s personal information is published without the User’s knowledge, nor exchanged, transferred, assigned or sold on any medium whatsoever to third parties. Only in the event the Company and its rights is subject to a buy out would it be possible to transmit the said information to the potential purchaser who would in turn be bound by the same obligation to safeguard and modify the Data with respect to the Website User.

When using the Website, User’s Data may be collected and processed in order to allow access to the Website and its Services. The Company is responsible for the Data processing carried out on the Website.

The Company may aggregate the Personal Data provided by the User to build a database of contacts necessary for its activity, to archive its responses, to process the requests received through the “contact form” or to defend its legitimate interest.

Personal Data is stored by the Company within the European Union and will not be transferred, unless the Company is acquired as provided above or in accordance with the standard contractual clauses of the European Commission. However, in certain cases and when it is strictly necessary or results from a legal or regulatory obligation, the Company may transfer some of your Personal Data, upon request of the competent authorities (in particular URSSAF, labor inspectorate, auditors, tax authorities, other administrative or judicial authorities in the context of a court decision, etc.).

The User may write to the Company using the “contact form” by selecting “Other” to ask any questions relating to the collection and processing of his or her Personal Data or on the application of the Terms of Use prior to making any claim to the French Commission Nationale Informatique et Libertés.

8.1 Links

The Website may contain a certain number of hypertext links to other sites, platforms, applications set up with the Company’s authorization. However, the Company is not in a position to verify the content of the links redirecting towards these sites, platforms and applications, and therefore assumes no responsibility in this regard.

8.2 Cookies

Any User of the Website is presumed to be an adult in accordance with the law of 20 June 2019 and to have given his or her consent by clicking on the ” I AGREE” icon on the information banner visible when first connecting to the Website.

Browsing the Website is likely to cause the installation of cookie(s) (hereinafter “Cookies“) on the device used (computer, tablets, smart phones, etc. …) by the User. A Cookie is a small computer file, which makes it possible to analyze the behavior of the User during the visit of a website and to offer personalized services during the period of validity of the Cookie.

The Website uses and records technical Cookies that enables to measure the Website’s audience, the number of visitors and the sections visited and that also enables the publisher to identify possible bugs on the Website, correct them and propose a personalized offer. The data thus obtained is intended to facilitate subsequent navigation on the Website, and is also intended to allow various measures of the Website visitors.

The User acknowledges that if he /she disables the Cookies, User might be prevented from accessing one or several of the Website Services or limit the features proposed by the Website. However, User may implement the following settings on his /her computer, to disable Cookies. Instructions are available on the website of the French regulatory authority Commission Nationale Informatiques et Libertés (CNIL) through the following link: https://www.cnil.fr/fr/les-conseils-de-la-cnil-pour-maitriser-votre-navigateur

The User employing any other internet browser which is not listed is invited to consult the according documentation or online help files for that internet browser.

The User’s consent is only valid for a period of thirteen (13) months from the first deposit in the terminal equipment used, following the User’s acceptance.

In the event that Cookies are deleted, the request for consent will be renewed the next time the User visits the Website.

9. Applicable law and jurisdiction

Any dispute in connection with the use of the Website is subject to French law. The competent courts of Paris shall have exclusive jurisdiction.

10. Miscellaneous

If any provision of these Terms of Use is unlawful, invalid or unenforceable for any reason, that provision shall be deemed null and void and the remaining provisions shall remain in full force and effect and shall continue in full force and effect. The provisions declared null and void will be replaced by terms that come closest in content to the cancelled provision.

TOG - The Originals Group
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