These terms of use (hereinafter the “ToU”) apply between the Xilam Animation company (hereinafter “Xilam”) and any natural person (hereinafter the “User”) accessing to the website www.xilam.com published by Xilam (hereinafter the “Website”), in order to view it and/or use the features made available by Xilam, and are intended to define all the rights and obligations of Xilam and the User.
Unless specified otherwise, the ToU also apply to the website www.rse.xilam.com published by Xilam (hereinafter the “CSR Website”). Therefore, any reference to the “Website” below shall be interpreted as applying to the CSR Website, where applicable.
Any access to the Website automatically implies full acceptance by the User of the ToU. Any access to the Website automatically implies full acceptance by the User of the ToU. In the event that the User refuses to adhere to these ToU, he/she must absolutely refrain from accessing, visiting, viewing and/or using the Website, including the features present on the Website, in any way whatsoever. These ToU therefore take effect on the date of the User's access to the Website and remain in effect for the duration of the User's visit, until the end of the User's session.
The characters, names, titles, texts, pictures, data, videos, domain names, trademarks, software, and more generally any information present on the Website and covered by intellectual property rights, are and remain the exclusive property of Xilam and/or its partners, worldwide. The credits listed on the Website are subject to change in the future.
Any reproduction, modification, adaptation, retransmission, publication, use, distribution and/or exploitation, in whole or in part, of any element of the Website, for any reason whatsoever, is strictly prohibited and can therefore be only done with the prior written authorisation of Xilam, its partners and/or the beneficiaries. Xilam expressly reserves all of its rights in this regard, as well as its right to prosecute any offender.
Xilam authorizes the establishment of a hyperlink to the Website’s home page under the following cumulative conditions:
- The hyperlink must be established from (i) a website belonging to, or (ii) a page of a social network (Facebook, Instagram, TikTok, etc.) managed by, the person establishing the hyperlink;
- The establishment of the hyperlink must not damage the reputation of Xilam and/or its partners;
- The establishment of the hyperlink should not suggest any form of association, approval or support on the part of Xilam and/or its partners;
- More generally, the person establishing a hyperlink to the Website's home page must do so in a legal manner and without deriving profit from it.
If the above criteria are not met, any establishment of a hyperlink to the Website must be subject to Xilam's prior written authorisation.
The Website may contain hyperlinks to online public communication services (including to social media pages) published by Xilam, third party partners with Xilam or not (hereafter "Third-party Websites"), over which Xilam has no control. Xilam therefore accepts no responsibility for the content of such Third-party Websites. Furthermore, the presence of hyperlinks to Third-party Services cannot mean that Xilam in any way approves the Third-party Services and/or the information and content they may contain.
The policy applied by Xilam regarding the collection and mangagement of personal data can be read on the page “Privacy Policy”.
Apart from the cases expressly specified by provisions in effect, Xilam's liability is limited to direct and foreseeable damage resulting from use by the User of the Website. Thus, Xilam cannot be held liable for damage resulting from the fault of the User, or from non-performance or poor performance of his/her obligations, and/pr in the event of use of the Website by the User which does not comply with these ToU.
Xilam does not guarantee that the Website will be available without interruption. Furthermore, Xilam reserves the right to suspend, withdraw or limit the availability of all or part of the Website for commercial, operational and/or legal reasons.
If one or several stipulations of these ToU is deemed as invalid or declared as such in application of a law, regulation or following a definitive legal decision from a competent jurisdiction, the other stipulations will retain their full force and scope.
In case of difficulty of interpretation between any of the titles appearing at the beginning of the clauses, and any of the clauses, the titles will be declared non-existent.
The fact that one of the parties does not avail itself of non-respect by the other party of any of the obligations mentioned in these ToU cannot be interpreted in the future as renunciation of the obligation in question.
Xilam reserves the right to modify, at any time, all or part of the contractual documents. Therefore, Xilam is free to amend these ToU.
These modifications are brought to the attention of the User by a mere uploading to the Website. Therefore, any User accessing the Website is invited to view the contractual documents during each visit in order to become familiar with their latest version. It is recommended that the User and the Customer safeguard the ToU for future reference, being specified that this safeguard is the User’s sole responsibility.
The ToU are subject to French law with regard to the substantive rules as well as the rules of form.
Any dispute between a User on the one hand, and Xilam on the other hand, must be the subject of a prior attempt at amicable settlement between the parties. To this end, the User must first send to Xilam an email detailing his/her complaint to the address info@xilam.com.
In the event of failure of the discussions to reach an amical settlement, any dispute related to establishment, interpretation and/or execution of all or part of these ToU, including in summary proceedings or on request, will be submitted to the competent French courts. In the event of a persistent disagreement related to the processing by Xilam of the User’s personal data, the User may refer the matter to the Commission Nationale de l’Informatique et des Libertés (CNIL):
- By electronic means via its website: https://www.cnil.fr/fr/agir
- Or by post, to the following address: CNIL – 3, place de Fontenoy – TSA 80715 – 75334 PARIS CEDEX 07, France.