General Terms of Use

Trace Play is a subscription-based video-on-demand and live television service that provides users with access to a selection of series, films, documentaries, afro-urban music and other content ("Content") available for streaming over the Internet to computers and other connected devices ("Trace Play-compatible devices"). The Trace Play service also provides recommendations, descriptions and other information about the Content.

These Terms of Use and our Privacy Policies govern your use of this service.

I Definitions

Application: refers to the Trace Play application accessible after downloading from the Play Store or the Apple Store.

CGU: refers to the present general terms and conditions of use of the subscriptions published by Trace UK.

Account: refers to the User's Trace Play account in which all data and in particular personal data relating to the User is stored. The personal data include in particular the User's Identifiers whose registration by Trace UK is necessary to access the Subscriptions. The registration of personal data is also necessary for the management by Trace UK of your account, for the management of the business relationship between the User and Trace UK and for analysis and statistical purposes.

Content: refers to series, films, documentaries, afro-urban music and any other content accessible via the various subscriptions offered by the Trace Play service.

Personal Data: "any information relating to an identified or identifiable natural person (hereinafter referred to as "data subject"); an "identifiable natural person" is one who can be identified, directly or indirectly, in particular by reference to an identifier, such as a name, an identification number, location data, an on-line identifier, or to one or more factors specific to his or her physical, physiological, genetic, mental, economic, cultural or social identity. "(Article 4 of GDPR 2016/679 on the protection of individuals with regard to the processing of personal data and on the free movement of such data).

The terms "data subject", "processor" and "sensitive data" have the meaning defined by the General Data Protection Regulation (GDPR: n° 2016-679).

Identifiers: means the e-mail address as well as any confidential code or password associated with the e-mail address, chosen by the User and allowing the User to identify himself in order to access the Service provided by Trace UK to which he has subscribed.

Registration: means the online registration procedure that the User completes on the Site or the Application in order to access the Service. This registration leads to the creation of the User's Account and the creation of Identifiers specific to each User.

Service: refers to all subscriptions and content offered by Trace UK and accessible online from the Site or the Application.

Site: refers to the Trace Play website accessible from the following URL address, allowing access to the Services subject to these General Terms and Conditions of Use: https://traceplay.tv.

Trace UK or Publisher: means the company publishing the Service.

User: refers to any person accessing the subscriptions and holding an account.

II Legal notice

In accordance with article 6 of law no. 2004-575 of June 21, 2004 for confidence in the digital economy, users of the http://traceplay.tv/ website and the Trace Play application are informed of the identity of the various parties involved in its implementation and monitoring.

Publisher:

The person responsible for the processing mentioned in this document is TRACE UK WORLD LIMITED, a limited liability company with a share capital of GBP 300,000, registered at Companies House in London under number 07589222, whose VAT number is 126886774 and whose registered office is located at 36-38 Westbourne Grove, Newton Road, London, Greater London, W2 5 SH and of which Mr. Laurent Dumeau, Director, is the legal representative.

Responsible for publication :

Mr Nicolas Sainte Cluque

Webmaster :

Christine Mahélé

Hosting :

Simple Stream

30 Haymarket, London SW1Y 4EX Haymarket, London SW1Y 4EX, UK

Data Protection Officer :

Mr. Sven Balisson - dpo-trace@trace.tv

III Purpose of the General Terms and Conditions of Use and current version

The purpose of these General Terms of Use is to define the conditions under which Users can access the Trace Play Service.

Any person who wishes to benefit from the Service undertakes to respect, without reservation, these Terms of Use.

The User is expressly informed that the version of the Trace Play General Terms of Use that is authentic is the one that is accessible online at the following address at the time he connects to the following site: http://traceplay.tv

All Users are therefore required to refer to the version accessible online on the date of their access to the Service.

Trace UK is free to modify, at any time, the present GCU as well as the legal notices in order to take into account any legal, jurisprudential, editorial and/or technical evolution.

The General Terms and Conditions of Use as well as their possible modifications are deemed to be accepted without reserve by the User who connects to the Site after they have been put online. In the event that the User does not wish to accept all or part of the General Terms and Conditions of Use, the User is asked to give up access to the Service.

IV Access to the Site

The Site is open to any Internet user or mobile user who meets the conditions set out above, provided they have an Internet connection.

However, the creation of a customer account is necessary if You wish to benefit from the Service offered by Trace UK. If this is the case, please refer to the General Terms and Conditions of Sale.

V Creating an Account

1) General terms and conditions for Registering for Trace Play and creating an Account

Access to the Services is conditional upon User Identification following the creation of an Account, which is done through a registration procedure on the Site or on the Application.

By registering, the User is required to provide personal information that will be collected by the Site or the Application (in particular surname, first name, e-mail address, postal code, date of birth, etc.) and which will then enable the User to be identified and facilitate access to the Service.

When registering online, the User undertakes to provide true, accurate, up-to-date and complete information about his identity and age. In particular, the User undertakes not to create a false identity likely to mislead Trace UK and not to usurp the identity of another legal or physical person.

After validation of the General Terms and Conditions of Use and the creation of his Account, the User will be able to identify himself and have access to the administration/management interface of his Account.

In the event that the User provides false, inaccurate, outdated, incomplete, misleading or deceptive information, Trace UK may, immediately without notice or compensation, suspend or terminate the User's Account and deny access, temporarily or permanently, to all or part of the Services subject to Registration.

2) Special Terms and Conditions for Registration to Services by Minors

Parents and any person exercising parental authority are reminded that their minor child cannot create an Account and cannot benefit from the Service without them. Parents alone are authorized to create an Account and subscribe to the Trace Play offer.

3) User IDs

A User's Account includes his or her Identifiers, which are placed under the exclusive responsibility of the User. The User undertakes to keep them secret and not to disclose them in any form whatsoever. If one of the User's Identifiers is lost or stolen, the User must inform Trace UK without delay which will then proceed to the immediate cancellation and/or updating of the Identifiers concerned.

The User is solely responsible for the use made of his Identifiers, even if he has pre-recorded them on his computer, mobile phone or any other type of equipment, thus allowing automatic connection to his Account.

All access, use of the Service and data transmission made from a User's Account will be deemed to have been made by the User. It is the sole responsibility of the User to safeguard the confidentiality of the User's password. In this respect, the User is required to ensure that at the end of each session he or she effectively disconnects from the Services, in particular when accessing the Services from a public computer.

Any loss, misappropriation or unauthorised use of a User's Identifiers and their consequences are the sole responsibility of that User. In all the cases mentioned above, the User is required to notify Trace UK, specifying his surname, first name, postal code, town, date of birth, telephone, and, if possible, username and old password, via the contact form (accessible by clicking here) so that Trace UK can proceed to the deletion of the concerned username or password.

4) Closing the Account

The User may close his account at any time, without justification, as soon as he has fulfilled his commitments to Trace UK. Just go to "My Account".

Trace UK may terminate a User's account in case of breach of any of the provisions of these Terms and Conditions. In case of breach, Trace UK may immediately, at its discretion and permanently delete the account of the User concerned. In addition, the Publisher reserves the right to take legal action against the User concerned and to claim damages and interest to compensate for the prejudice suffered as a result of the breach. Such termination may be effected without prior notice, notification or formal notice.

VI Liability

Trace UK undertakes to make its best efforts to ensure that the User has access to his Subscription at all times. However, Trace UK shall not be held liable in case of unavailability of the Subscription for any reason whatsoever. An interruption for technical maintenance may also be decided by http://traceplay.tv/, which will then endeavor to inform the Users in advance of the dates and times of the intervention.

The User acknowledges having read the present General Terms of Use and undertakes to respect them.

The User acknowledges having the skills and means necessary to access and use the Service and acknowledges having verified that the computer configuration used does not contain any viruses and is in perfect working order.

Trace UK does not guarantee the accuracy, completeness and updating of the information disseminated within its Service, nor the permanence of its proper functioning or its total computer security.

Trace UK cannot be held responsible for errors, lack of availability of information and/or the presence of viruses in its Service.

The User acknowledges using the information and tools available on the Service under his exclusive responsibility.

Trace UK cannot be held responsible for links to other sites, as Trace UK has no control over the content of these sites.

Consequently, Trace UK cannot be held responsible for the content, advertising, products, services or any other tool available on or from these sites or external sources that it has not approved, nor can it be held responsible for any damage resulting from or related to the use of these links.

The host of the Trace Play service ensures the continuity of its service 24 hours a day, every day of the year. However, it reserves the right to interrupt the hosting service for the shortest possible duration, notably for maintenance, improvement of its infrastructures, failure of its infrastructures or if viewing generates traffic deemed abnormal.

http://traceplay.tv/ and the host cannot be held responsible in the event of malfunction of the Internet network, telephone lines or computer and telephony equipment related in particular to network congestion preventing access to the server.

Interactive spaces (possibility to ask questions in the contact area) are available to users. Trace UK reserves the right to delete, without prior notice, any content posted in this space that would contravene the legislation applicable in France, in particular the provisions relating to data protection. Where appropriate, Trace UK also reserves the right to hold the user liable under civil and/or criminal law, in particular in case of racist, insulting, defamatory or pornographic messages, whatever the medium used (text, photograph, etc.).

VII Data protection and cookies

For more information on the data protection measures implemented and the use of cookies by Trace UK, we refer you to the privacy and cookie policy: https://traceplay.tv/privacy

VIII Intellectual Property

The content of the Service, the general structure as well as the software, texts, animated or not animated images, photographs, its know-how and all other elements composing the Service are the exclusive property of Trace UK or its partners who have granted it a license.

The same is true of the databases appearing where applicable on the Service which are protected by the French Intellectual Property Code.

The distinctive signs of Trace UK and its partners, such as domain names, trademarks, denominations and logos appearing on the Services are protected by the French Intellectual Property Code.

Any modification, reproduction, representation, publication, total or partial adaptation of these distinctive signs made from the elements of the Services without the express authorization of Trace UK is therefore prohibited. Any unauthorized use of the site or any of the elements 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.

IX Correspondence

The User is obliged to communicate to Trace UK any change in his situation. Trace UK shall not be held responsible for the consequences that the User and/or third parties may suffer in the event that the User has failed to notify Trace UK of any modification.

Any claim and/or dispute by the User against Trace UK must be made in writing and sent to Trace UK within 15 (fifteen) days at the latest from the date of the event giving rise to the claim, otherwise the claim will be barred.

Any notification made under the terms hereof must be made in writing and sent to the following address:

TRACE GLOBAL - 73 Rue Henri Barbusse - 92110 Clichy - France

Or by e-mail to :

info@trace.tv

The User will take care to keep any acknowledgement of receipt. These notifications will take effect on the first working day following the receipt by Trace UK of the notification, unless technically impossible.

X Applicable law

These General Terms and Conditions of Use shall be governed by French law.

Last modified: 24/03/2020

In case of translation, the French version shall prevail.