Terms of use

Preamble

The purpose of these terms of use (hereinafter the "Terms") is to define the terms and conditions under which KJC Productions makes available the wearekjc.com site and the internal production management platform Aurore, as well as the rights and obligations of the parties in that context.

KJC Productions is a declared association governed by the French Law of 1 July 1901, identified under RNA number W743007236 and SIREN number 934827270, whose registered office is located at 50 Impasse Pré Carré, 74520 Valleiry, France.

Accessing and using the Services entails full and unreserved acceptance of these Terms. Any person who does not accept these Terms must refrain from using the Services.

Article 1. Definitions

• Association: KJC Productions, publisher of the Services.
• Services: the wearekjc.com site and the Aurore platform, together with the associated features and communication channels.
• Aurore: the internal production management platform published by the Association.
• User: any person accessing the Services, whether an Applicant, an Actor, a team Member, a Partner or a Visitor.
• Applicant: any person submitting an application via the public registration form.
• Actor: any actor, performer or talent appearing in the casting database or holding personal access.
• Member: any member, volunteer or administrator of the Association holding access to Aurore.
• Account: the personal access area to Aurore, granted by the Association.
• User Content: any element submitted by a User, in particular photographs, demo reels, links and documents.
• Registration form: the public form available at aurore.wearekjc.com/apply.

Article 2. Purpose and description of the Services

The Services comprise:

• the wearekjc.com site, its pages and its content;
• the Aurore platform, including the Registration form, casting profile management, the Actors' personal areas and the internal production management tools;
• the associated communication channels operated by the Association.

Aurore is an internal-use platform, currently in a testing phase. Full access to the platform is not freely open to the public. It is granted by the Association, at its discretion, to the persons it invites or authorises. The Registration form, by contrast, is publicly accessible and allows an application to be submitted.

Article 3. Acceptance and enforceability of the Terms

The User acknowledges having read these Terms prior to any use of the Services. Acceptance of the Terms results from accessing the Services and, where applicable, from the express confirmation provided for when submitting an application or on first connection to an Account.

These Terms are accessible at all times on the site and prevail over any other document, subject to any specific conditions expressly accepted by the Association.

Article 4. Access to the Services, applications and Accounts

4.1. Access to the site. Access to the wearekjc.com site is free and open. The User is responsible for the technical configuration necessary for such access and for the corresponding connection costs.

4.2. Application. The Registration form allows any person aged at least fifteen to submit an application. Submitting an application does not create an Account and entails no obligation on the part of the Association. The Association remains free to accept or refuse any application, at its discretion, without having to give reasons for its decision.

4.3. Account creation. Accounts giving access to Aurore are created exclusively by the Association's administrators. When an Account is created, credentials are sent to the User, together with a link to the Privacy policy. The User is invited to change their password on first connection.

4.4. Account security. The User is solely responsible for preserving the confidentiality of their credentials and for any use made of their Account. They undertake to inform the Association without delay of any unauthorised use of their Account or of any breach of the confidentiality of their credentials. The Association cannot be held liable for the consequences of the use of credentials by a third party, save where it is at fault.

Article 5. Conditions relating to minors

Registration via the Registration form is reserved for persons aged at least fifteen. Persons under the age of fifteen are not permitted to register.

The participation of a minor in a production and the exploitation of their image do not fall within the scope of these Terms. They are the subject of a separate contract, signed by the holders of parental authority, outside the platform, and, where the law so requires, of the administrative authorisations provided for by Articles L.7124-1 et seq. of the French Labour Code. Submitting an application or having a profile on Aurore does not amount to authorisation for a shoot.

The Association reserves the right to request at any time proof of age and a valid parental authorisation, and to suspend any profile for which those elements are not provided.

Article 6. User obligations and undertakings

The User undertakes to use the Services fairly and in accordance with their intended purpose, as well as with the laws and regulations in force. To that end, the User undertakes in particular to:

• provide accurate, truthful and up-to-date information, in particular as to their identity, their age and their professional qualifications;
• not to impersonate a third party or present themselves under a false capacity;
• communicate respectfully with the Association's team and with other collaborators;
• not to use the Services for illegal or fraudulent purposes or in a manner that infringes the rights of third parties;
• not to publish content that is illegal, defamatory, insulting or violent, or that infringes intellectual property rights or the privacy of third parties;
• not to attempt to access, copy, extract, modify or reverse-engineer all or part of the Services without authorisation;
• not to disrupt, overload or compromise the operation, security or integrity of the Services;
• not to collect or misappropriate the data of other Users.

Any breach of these obligations may give rise to the measures provided for in Article 11.

Article 7. User Content

7.1. Responsibility for Content. The User remains solely responsible for the User Content they submit. By submitting Content, the User warrants that they hold all necessary rights and authorisations, that such Content infringes no third-party right — in particular intellectual property rights, image rights and the right to respect for private life — and that it is neither illegal, nor defamatory, nor harmful.

7.2. Prohibited content. Prohibited content includes, in particular, illegal content, content infringing the rights of third parties and any content amounting to identity theft.

7.3. Ownership and licence. User Content remains the property of the User. The User grants the Association, free of charge and on a non-exclusive basis, for the data retention period defined in the Privacy policy and worldwide, the right to reproduce, store, view, assess and share the User Content, solely for the internal purposes of casting assessment and production preparation, and within the circle of the Association's authorised persons. This licence is limited to internal use. The Association carries out no public distribution, no commercial redistribution and no sub-licensing of User Content without the User's express and separate authorisation.

7.4. Removal. The Association reserves the right to remove, without notice, any User Content that does not comply with these Terms or with the law.

Article 8. Intellectual property of the Association

All elements making up the Services — in particular their structure, their texts, their visual identity, their interface, their databases, as well as the films and content produced by the Association — are protected by intellectual property law and remain the exclusive property of the Association or its partners.

No provision of these Terms may be construed as conferring on the User any ownership right over the Services. Any reproduction, representation, adaptation, extraction or exploitation, in whole or in part, of the elements of the Services, without the prior written authorisation of the Association, is prohibited and constitutes infringement liable to engage the responsibility of its author.

Article 9. Availability, maintenance and changes

The Association endeavours to keep the Services accessible, without however guaranteeing continuous availability. The Services are provided as-is and as available.

The Association may, at any time and without notice, change, suspend or discontinue all or part of the Services, in particular for reasons of maintenance, security or technical evolution. The Association endeavours, as far as possible, to limit interruptions and to inform the Users concerned.

As Aurore is in a testing phase, the User acknowledges that the Services may contain limitations or imperfections, and that their features may change.

Article 10. Liability

10.1. Liability of the Association. The Association employs reasonable means to ensure the proper operation and the security of the Services. It is bound by an obligation of means (obligation de moyens). The Association guarantees neither uninterrupted access, nor the absence of error, nor any casting or introduction outcome whatsoever.

The Association is not liable for indirect damage, that is to say damage that does not result directly and exclusively from a breach on its part, such as a loss of opportunity, a loss of chance or commercial prejudice.

10.2. Limits of the limitation. The provisions of this article may not exclude or limit the liability of the Association in the event of wilful misconduct, gross negligence, personal injury, or breach of an essential obligation of a nature to deprive the contract of its substance, in accordance with Articles 1170 and 1231-3 of the French Civil Code. They do not prevent the application of the mandatory legal provisions of public policy from which the User benefits.

10.3. Liability of the User. The User is responsible for any damage caused to the Association or to third parties as a result of use of the Services in breach of these Terms. The User indemnifies the Association against any third-party claim founded on User Content or on a use of the Services attributable to them.

Article 11. Refusal, suspension and deactivation

The Association reserves the right, at its discretion, to refuse an application, to suspend or deactivate an Account, to remove User Content, or to restrict access to the Services, in particular in the event of a breach of these Terms, of harm to the security or proper operation of the Services, of the provision of inaccurate information, or of harm to the interests of the Association or of third parties.

As far as possible, and save in cases of urgency or legal obligation, the Association endeavours to inform the User of the measure taken. Deactivation of an Account terminates access to the Services, without prejudice to the retention of data under the conditions provided for in the Privacy policy.

Article 12. Personal data

The processing of Users' personal data is governed by the Privacy policy, available on the site, which forms an integral part of these Terms. The User is invited to read it.

Article 13. Services provided free of charge

Access to and use of the Services by Actors and Members are free of charge. No payment, no invoicing and no subscription pass through the platform. Registration of talent and of Members remains free of charge.

Article 14. Evidence agreement

The User acknowledges that the records, connection logs and traceability elements kept by the Association in connection with the Services, under conditions of a nature to guarantee their integrity, may be produced as evidence, in particular in the event of a dispute relating to a connection, an application or an action carried out on the platform.

Article 15. Force majeure

The Association's liability cannot be engaged in the event of non-performance or delay in the performance of its obligations resulting from an event of force majeure within the meaning of Article 1218 of the French Civil Code and of the case law of the French courts.

Article 16. Severability

Should any of the provisions of these Terms be declared void, deemed unwritten or unenforceable, in whole or in part, the remaining provisions would retain their full force and effect. The provision concerned would be replaced by a valid provision whose effect would be as close as possible to that of the original provision.

Article 17. No waiver

The fact that the Association does not, at a given time, rely on any of the provisions of these Terms may not be construed as a waiver of its right to rely on them subsequently.

Article 18. Amendment of the Terms

The Association reserves the right to amend these Terms at any time, in particular in order to take account of legal, regulatory or technical developments. The applicable version is the one in force on the date of access to the Services. The date of last update appears at the top of the document. Continued use of the Services after the amended Terms come into force constitutes acceptance of them.

Article 19. Language

These Terms are drafted in the French language, which is authoritative. Any translation is provided as a mere convenience and has no legal value. In the event of any discrepancy of interpretation, the French version prevails.

Article 20. Complaints and amicable settlement

For any complaint relating to the Services, the User may contact the Association at contact@wearekjc.com. The parties will endeavour to resolve their disputes amicably before any contentious action.

Article 21. Governing law and jurisdiction

These Terms are governed by French law. Any dispute relating to their validity, their interpretation or their performance shall be submitted to the competent French courts, including with regard to Users residing outside France, subject to the mandatory rules and rules of public policy applicable at the User's place of habitual residence.

Article 22. Contact

For any question relating to these Terms or to the exercise of your rights:

KJC Productions
Association governed by the French Law of 1901, RNA W743007236
50 Impasse Pré Carré, 74520 Valleiry, France
contact@wearekjc.com