GENERAL CONDITIONS OF USE
These General Conditions of Use determine the acces and the use of the Site and / or Services offered by KATOONK and the use of any account established through the Site. By accessing, browsing, use, access, reading, printing or downloading of anything on or from the Site or the Service, or becoming a Member of the Site, you certify that:
(i) you are aged at least from eighteen (18) years and meet the eligibility requirements set out in the General Conditions or displayed on the Site, and
(ii) you have read, understood and agree to be bound by the contract Terms and Conditions. If you reject some or all of the provisions of the Terms, you may not use this Site and the Services. Access the Site and Services offered by KATOONK is being conditioned to accept without limitation or qualification the Terms and Conditions .
You further acknowledge and agree that any use of the Site remains subject to the policies and rules applicable to the services, which may be published by KATOONK at any time; provided that such policies, rules and guidelines are part of the General Conditions.
You formalize your agreement to the Terms and Conditions by any act demonstrating your acceptance, including clicking any button containing the words "I agree" or similar expressions, or by simply accessing the Site, whether or not you have read these Terms and Conditions. We recommend keeping a printed version of this agreement for your records.
As part of the General Conditions, the terms used below have the following meanings, whether used in the singular or plural.
Conditions: means this document.
KATOONK: means KATOONK: platform specialized in recruitment in the business of animation.
User, You, Your: means you, as a user or a member who has subscribed to a service, it depends of your situation.
Member: means a Registered User, with an account and benefiting from a subscription.
Service(s) : means the services described in section 3 of the General Conditions.
Site: means the website published by KATOONK, accessible at the following urls: www.katoonk.fr, www.katoonk.com and all other addresses and derivatives, excluding any third party website.
2.1 The Website published by KATOONK aimed at linking of animation professionals in film, broadcasting, video games and internet. It is open to all businesses entering the production chain. In this regard, the site allows any user of the Site to seek, to apply for a job or to offer internships and jobs - in the world. It also allows to seek producers, suggest audiovisual projects, make tenders. It also enables independent professionals to show their work and companies to showcase their productions. Finally, the Forum's website allows the actors in the sector of animation to keep them selves informed of developments in their industry.
2.2 Some features and services are free and other features and services are not free.
3. Site Services
3.1 The Website includes:
- A public space, a showcase part of the site;
- A private space, restricted to Members, which is the part of the site accessible after identification.
- Create your professional profile through the "Professional Registration";
- Create a profile company, trought the "Company Registration";
- Viewing Profile (s), through the "Resume database";
- Deposit and Consultation of job offer, in "Job Offers"
- Consultation of companies business description, in the "Studio database";
- Deposit and Consultation of audiovisual projects, in the "Project-list";
- Consultation of youth programs already produced in the "Production-list ";
- Consultation and/or participation on the website’s Forum discussions.
- Deposit of advertising banners in connection with animation, on the "Advertisement" page.
The Site and Services are normally available 24 hours on 24 and 7 / 7, but can be subject to:
- A case of force majeure as defined by the jurisprudence of the Court of Cassation;
- The availability of electronic communication networks, speeds and access to the Website, over which KATOONK has no control;
- Any necessary Interruptions required in order to maintain and update the website.
4. Access to Services
Access to services is conditioned by creating a personal account using the registration form online. Users are asked to choose their login details, namely an e-mail address and an associated password (the "Access Codes"). The User guarantees the accuracy of information provided to KATOONK for the purposes of registration and agrees to notify any subsequent changes.
As soon as possible after the registration form is received, KATOONK will send the user an email containing an URL link confirming registration to its Services. The user is considered registered for Services as soon as this link is clicked. Connection to the Services is done by typing the Access Codes on the website home page at http://katoonk.com/index.php.
The Access Codes are strictly confidential and personal to the user. Conservation, use and transmission of the Access Codes shall be under the sole responsibility of the user. Any use of the Access Codes will be presumed to have been made or duly authorized by the User. Therefore, KATOONK cannot be held liable for injurious consequences to the User resulting from illegal, fraudulent or abusive uses of the Access Codes , the access to the Website or his Services by a third party not specifically authorized by the User.
The User’s Access Codes must be in accordance to French law, public order and morality and in this regard, KATOONK has the right to refuse any identification that does not meet the terms. The User guarantees that the data sent to KATOONK are accurate and truthful.
KATOONK agrees never to pass Access Codes to anyone, apart from the user, and this only following a request sent with the email that the user specified during registration.
4.2 Interruption of Service
KATOONK tries wherever possible to keep the Site accessible but can interrupt access, in particular for reasons of maintenance and upgrades or for any other reason including technical. KATOONK is in no way responsible for these interruptions and the consequences that may arise.
In addition, KATOONK reserves the right to suspend without notice the benefits on the Site in any event of force majeure, including hacking the site, incident (s) of payment and so on.
4.3 Registration of a Member Recruiter
It is subject to a consistency check by KATOONK, if the information provided by Member is clearly fanciful, meaningless or if it is not within the purpose of the Site, KATOONK reserves the right to remove without notice and unilaterally, without the member being entitled to any compensation. KATOONK also reserves the right to refuse a registration / order, without cause and without opportunity for the candidate to claim any compensation. Registration is subject to the conditions contained in the subscription form online.
4.4 registration of a member jobseeker:
It is subject to a consistency check by KATOONK, if the information provided by the Applicant is clearly fanciful, meaningless or if it is not within the purpose of the Site, KATOONK reserves the right to remove without notice and unilaterally, without the member being entitled to any compensation.
KATOONK also reserves the right to refuse an order without cause and without the possibility for the Member to claim any compensation. Registration is subject to the conditions contained in the subscription form online.
4.5 Right of withdrawal
Pursuant to Article L 121-20 of the French Consumer Code and subject to its applicability to the Member concerned, you are advised to have a period of seven days from the date of subscription services to exercise his right of withdrawal without penalty and without cause. However, pursuant to Article L. 121-20-2, 1 ° of the French Consumer Code, the right of withdrawal can be exercised once the Member has accessed the Services concerned
The equipment (computer, software, telecommunications, etc..) enabling access to the Services are the sole responsibility of the User, as well as telecommunications costs incurred by their use.
5. Information / Updates
KATOONK does not guarantee that the information contained on the Website is accurate and / or complete and makes no commitment to updating the information.
KATOONK reserves the right to change at any time without prior notification, the information on the Website.
6. Price - Payment Terms
Use of Paid Services assumes that the Member has a subscription. Members may pay the subscription through Paypal.
The price, duration and terms of payment for the Paid Services are available on KATOONK during the presentation or use of Service (s) the Member wish to subscribe.
On KATOONK, prices are quoted in Euros all taxes inclued for individuals and in Euros exVAT for companies. The purchase of a subscription on the Member's account is almost simultaneously from the validation of the transaction by PayPal.
7. User Obligations
Through the use of the Website, you agree to abide the following rules:
- Comply with applicable laws and respect the rights of third parties, and those provisions;
- Behave fairly towards KATOONK and other users and provide only fair and accurate datas;
- Respect the intellectual property rights relating to content supplied by KATOONK and other users;
- Never modify or change a KATOONK functionality from its original use;
- Not communicate to KATOONK or other users any information that might be harmful for you or others;
- Not distribute information or content that is not consistent with reality, or that you do not hold the rights;
- Not distribute information or content that contravenes the rights of others or is defamatory, libellous, obscene, offensive, violent or inciting violence, political, racist or xenophobic, and generally any content contrary to the purpose of KATOONK, laws and regulations or morality;
- Not broadcast advertising;
- Not participate directly or indirectly to a network to implement practices comparable to sales or services provided by Articles L 122-6 and L 122-7 of the Consumer Code;
If a user breaks one or more of these rules, KATOONK reserves the right to unilaterally end the contract without notice, block account(s) of the users concerned, automatically delete litigious messages, prevent publication of all or part of a user’s profile, and / or block user’s access to all or part of the Website, temporarily or permanently, without any compensation.
The user undertakes to respect the image and reputation of KATOONK and not to indulge in statements, slurs and / or any actions detrimental to KATOONK.
In addition, each Member agrees to comply recruiter social legislation in recruiting and especially to be vigilant with regard to differentiating criteria (age, sex, origin, ...), as well as regulations on the situation of foreigners in France and the regulations governing the protection of personal data.
A Member Recruiter agrees to ensure the confidentiality of information about the candidate, including those contained in the CV.
Similarly, any Member candidate agrees not to transmit biographical information incomplete, false or inaccurate information or do not correspond exactly to his resume.
8. Rules for Services
You understand and agree that the following non-exhaustive examples illustrate some cases of breach of contract. They could cause immediate termination of your Membership Account, without prejudice to other rights that might be entitled KATOONK:
- Upload, post, email or otherwise make available(i) any message that is unlawful, vulgar, obscene, libelous, that may engage the responsibility of its author, hateful, racist or questionable, and / or harm, threats, insults , harasses, defames, invades the privacy of others and / or (ii) any message that violates any patent, trademark, manufacturing process, trade secret, copyright or other proprietary right of a third and / or (iii) any advertising message constitutes unsolicited and unauthorized, promotional materials, spam, or any other form of solicitation and / or (iv) any material that contains software viruses or other source code , files, programs created to disrupt, limit or discontinue the operation of any computer software or hardware or telecommunications equipment;
- Harm minors in any way whatsoever;
- Harass, stalk or threaten any other user, employee, officer or partner KATOONK;
- Impersonate another person, indicate that you are an employee or a part of KATOONK (if you're not), or attempt to mislead users by indicating that you represent KATOONK in any way whatsoever;
- Attempt to obtain a password, information relating to a third Member Account, or other personal information to any other User;
- Download from the Service any software, files or content that you do not have the right to disclose, or contains a virus or corrupted data or other invasive or program source code and malicious;
- Post any message for any purpose other than personal communication, including any advertising, promotional materials, chain, pyramid schemes, political campaigning, spam and / or commercial use of the Service;
- Collect and store data about other Members and / or used in connection with the conduct and activities prohibited by the Terms and Conditions;
- Forge headers or otherwise tamper with any member of identifiers in order to disguise the origin of a message;
- Abusing the support functions and claims, or falsely claim or reporting teams KATOONK;
- Upload or transmit, or attempt to upload or transmit any material, passive or active, which collects and transmits data, especially gifs, 1x1 pixels, bugs, and other similar devices;
- Launch and use any automated system, crawler (spider), software PLC (bot), or start and use any source code or unauthorized software;
- Interfere with or disrupt the Services or servers or networks connected to the Services or violate any requirements, procedures, policies or regulations of networks connected to the Service, including the use of any device, software or router bypassing our information systems;
- Use a false email address or disguise the source of a message, or use a tool to anonymize your Internet Protocol (IP);
- Interfere with or prevent the operation of safety systems KATOONK and / or anything that restricts or enforces restrictions on the use of the Site and / or Services;
- Intentionally or unintentionally violate any applicable local, national or international law.
Any message that does not respect any of the provisions of the Contract may be removed at the sole discretion of KATOONK. This list is not exhaustive and any deletion in this section will not result in warning or notification. You agree to evaluate and bear all risks associated with the use of any content KATOONK and warrant to the truth of such content, completeness and usefulness
The Forum is moderated by a moderator who controls the posts after they are published.
Moderators make sure that your contribution is consistent with the subject of discussion in the forum, respects laws and regulations, is consistent with the rules of netiquette and allows a constructive exchange. The moderators reserve the right to delete, move or close any topic at any time. They also reserve the option to delete off-theme or argumentative messages, redundant content - such as advertising or promotional content, statements contrary to public order, morality, intellectual property rights, image and privacy rights or violate any other law or regulation in force. Posting such messages may lead to your banishment from the Forum permanently or temporarily, or lead to prior scrutiny and control of your messages.
Readers and / or contributors can actually ask for verification of any disputed message posted on the Forum by contacting the moderator at the following address: firstname.lastname@example.org, given that the said moderator reserves a minimum of two (2) days to assess the need to remove the disputed message. The moderator cannot be held responsible for any injury resulting from the post: any message posted on the Forum remains the exclusive responsibility of its author. KATOONK does not guarantee accuracy of messages, nor endorses any opinion; any remarks are expressions of thought of their respective authors. Accordingly, any liability of KATOONK, administrator, moderators or webmaster (excepting messages posted by themselves) is excluded.
In addition, the User acknowledges that use of the Forum and its features as a medium for advertising is prohibited.
KATOONK informs you that you have a right to access, correct or delete your personal information. You ultimately have a right to object to the use of your data for commercial prospecting. This objection may, for technical reasons, prevent you from using the Services offered by KATOONK.
Any request to exercise the right of access, rectification, cancellation must be made in writing, be signed by the applicant, include the address to which the response should be made, be accompanied by proof of identity; and sent by mail to the following address: email@example.com.
In accordance with the provisions of Decree No. 2007-451 of 25 March 2007, KATOONK will respond to your request within two (2) months of receipt, will provided it if it is sufficiently accurate and contains all the elements necessary for respond to your request, otherwise KATOONK will invite you to complete it.
11. Intellectual Property
All content on the Website KATOONK (pictures, photographs, logos, brands, videos, sounds, text, graphics, documentation...) and its overall structure is protected by French and international legislation in force, intellectual property including copyright, trademark law and the rights of database producers.
In the absence of express authorization by KATOONK, it is strictly forbidden to use any of its content and in particular to extract, reproduce, modify, adapt, in whole or part, or create derivative works therefrom.
Indeed, in the absence of express authorization by KATOONK in this sense, representation or reproduction, in whole or in part, pages, data or any other part of this Website by any means or media whatsoever is prohibited and constitutes an act of infringement.
Subject to full compliance with the present, KATOONK only grants you the personal, non-transferable, nonexclusive limited license to access and display web pages at this Website.
The KATOONK mark and logos appearing on the Website are registered trademarks.
Any reproduction or representation of all or part of these brands or logos, alone or integrated with other elements, without the express and prior authorization from KATOONK is prohibited, and engage the responsibility of the user as defined in Articles L. 713-2 and L. 713-3 of the Intellectual Property Code.
KATOONK is the exclusive owner of all intellectual property rights on both the structure and the content of the Website.
KATOONK grants the User the right to use the website for its needs, except for any lucrative purpose.
Subject to the above rights granted to the user, it is especially forbidden to copy, download, reproduce, edit, extract or exploit in any manner and for any purpose, any part of the structure and content of the Website.
12. Duration / Termination
12.1 The registration for an indefinite period and the time limited Access to services (period specified in the Special Conditions contained in the corresponding command), can be ended by the user at any time and for any reason, by writing to the following email address: firstname.lastname@example.org.
On the otheer hand, KATOONK reserves the right to automatically end or suspend the access to the Website and Services:
- In case of false, incomplete or incorrect information provided by the User;
- In case of KATOONK's closing.
Such termination shall not constitute reimbursement to the Member of the remaining period of the subscription in question.
12.2 Each Member may terminate its membership in KATOONK by requesting the closure of his account at any time from KATOONK at no cost other than those related to the transmission of the application and without cause. This request will be deemed effective from the day following the receipt of the request to KATOONK to close the account. This request does not permit the eimbursement of the Member of the remaining period of the subscription in question.
The termination of a subscription determined by a Member shall become effective on the date of expiry of the current subscription provided that the notification be made by the member KATOONK later than thirty (30) days before the date of expiry of the current subscription. The subscription lasts one (1) year unless otherwise specified in the subscription form.
Notwithstanding the other provisions hereof, in case of serious breach by the Member, KATOONK terminate the Member's account without notice or demand. This termination has the same effect as that decided by the Member.
Notwithstanding the other provisions hereof, in case of default or failure of the Member to any of its obligations hereunder, KATOONK terminate the Member's account seven (7) days after sending a letter to the Member mail asking him to comply with these Terms and Conditions remained unsuccessful.
Such termination shall take effect without prejudice to any damages that may be claimed by KATOONK to the Member or its assigns and legal representatives as compensation for damages suffered by them or KATOONK because of such failures.
The Member will be informed by mail of the cancellation or confirmation of the termination of his account. Data on the Member will be destroyed at his request or at the expiration of the legal time period following the termination of the Account.
13. Third-party companies, third-party products
KATOONK cannot be held liable due to hypertext links on its site linking to websites published by third parties that KATOONK does not control. These links are provided solely for the convenience of the user. For this reason KATOONK disclaims all liability for these sites.
The User declares to be familiar with Internet use and in particular acknowledges that the Internet is an open network that cannot be controlled by KATOONK, and that data exchange over the Internet has only relative reliability. The User acknowledges risks of data hijacking or piracy whereby any communication of sensitive information is done at his or her own risk.
In general, it is recommended that users handle their personal information with great caution; we remind them that they are solely responsible for their communications, disclosure and any resultant consequences.
The Users have to take all necessary precautions to protect themselves from viruses, Trojans, spyware and malware and to implement measures and programs to protect their own information.
KATOONK shall not be liable for damages related to the slow transmission, virus, intrusion of third parties, or loss or damage of data files during transmission.
KATOONK's Responsibility can be engaged only for direct damages arising from the use of the site - especially services of the Site, and provided that the user establishes a direct causal link between the alleged damage and evidence of a breach of contractual obligations KATOONK. In addition, KATOONK's responsibility can not be sought in cases of misconduct, negligence, omission or default by the User. KATOONK can not in any way be held liable for any indirect, incidental and / or consequential damages including damages related to use of the site - particularly services - an increase of overhead costs, loss of profit, financial, image or exploitation, loss of data, files or software, a disturbance of the activity of the user and / or Member, or consist of actions brought by third parties against the User and / or Member . In any case, the responsibility for KATOONK under this contract shall not exceed the amount paid to KATOONK by the Member for Services under the current year.
In addition, the User acknowledges and agrees that disclosure of sensitive information, personal and / or confidential information is at his own risk, given the nature of the Internet and the related risk of spread.
The User agrees to indemnify KATOONK and its affiliates, representatives and partners against any damage, claim or demand from any third party following use of the Site in violation of any provision herein, the rights of others or law and regulation, to mailing, displaying, downloading, dissemination or transmission of content by the User on the Site. This guarantee covers any allowances that might be paid, legal fees and related court costs.
18. Proof Agreement
In addition to the evidence admitted by French positive law, files, data, messages and records stored in computerized information systems in conditions of reasonable safety by KATOONK, will be accepted as proof of communications, agreements and payments between the parties. The record of retention is presumed, unless proved otherwise, to have taken place in conditions of reasonable safety if the messages, documents and data are systematically recorded on a durable and unalterable system.
19. Partial invalidity
Any dispute between KATOONK and non-professional a User or a consumer which could not find a solution amicably shall be brought before French courts.