Bbulb, a simplified joint-stock company with a capital of 20,000 euros, registered with the Strasbourg Trade and Companies Register under number 848 570 941, with its headquarters located at 122 Avenue de Strasbourg in Brumath (67170), has developed and operates the mobile application Pop’ndium.
For the purposes of these Terms of Use ("ToU"), each of the following terms is defined as follows:
The User is requested to carefully read the ToU and the data protection and privacy policy page before using the Application.
The purpose of the ToU is to define the terms and conditions of Access and use of the Application on any Device.
Using the Application implies full and unconditional acceptance of the ToU by Users.
Bbulb reserves the right to modify and/or update the ToU at any time. The applicable version of the ToU is the one available online at the time of the User's use of the Application.
The User agrees to comply with the ToU. Otherwise, Bbulb reserves the right to take any necessary measures to protect its interests, including taking legal action against the said User.
If the User is a minor, they declare that they have obtained prior authorization from their parents or legal guardians, who vouch for their compliance with the ToU. The minor's use of the Application is under the supervision of their parents or legal guardians.
Mobile applications such as Pop’ndium are not provided by Bbulb but by a third-party provider (hereinafter "App Store"). Bbulb does not guarantee that Pop’ndium will be identical in terms of functionality and design across all mobile devices. Users must also review the terms of use of their respective App Store.
Pop’ndium is made available to Users as is, without any express or implied warranty from Bbulb. The User has free access to the Application, which is available 24/7.
Content (including archived or cached content) may not be used outside the provisions set forth in the ToU, particularly for commercial purposes, for training, or for developing any software or machine learning/artificial intelligence system, regardless of the intended purpose, without prior written authorization from Bbulb, even if the purpose is non-commercial.
Unless prior written authorization is obtained from Bbulb, Content may also not be used by software and/or artificial intelligence systems to generate content in response to queries made by their Users.
Any individual or legal entity that does not comply with these prohibitions may be held liable as a result.
Bbulb may use any technical means to restrict access to the Content of its Application by robots and/or any other technology that reproduces and/or uses its Content, particularly for training or developing machine learning or artificial intelligence systems.
Users can use Pop’ndium without creating an account. On Pop’ndium, Users can, among other things, discover movies and series and obtain information on where they can be legally streamed.
However, Users can also use Pop’ndium with a free account. To do this, they simply need to sign up using a Google account or an email address.
A free account offers Users the advantage of saving their preferences, completing them, and accessing them from any Device by logging in.
The use of the Application is at the User’s own risk and full responsibility, according to the conditions defined in the T&Cs. The User is solely responsible for any damage or loss incurred as a result of using Pop’ndium, including damage to their Equipment or data loss.
Bbulb provides no warranties, including implicit warranties of merchantability, fitness for a particular purpose, availability, security, ownership, or non-infringement of rights.
Bbulb does not guarantee:
Thus, the User acknowledges and accepts that the Application may contain certain technical, typographical, or other inaccuracies regarding its Content. Bbulb cannot be held responsible for errors or omissions present in the Application or in any referenced Content. The Content of the Application is non-contractual and subject to change without notice.
Bbulb cannot be held liable for any technical inability to connect, including malfunctions of the Application or unavailability of Content, whether due to force majeure, maintenance operations, editorial updates, internal or external strikes, network failure, power outage, improper configuration or use of the Equipment by the User, or any other cause within or beyond its control.
Similarly, Bbulb does not guarantee the rate and transfer time of data from its server to the Internet network.
Bbulb cannot be held responsible in case of contamination of the User’s Equipment by a virus or any other form of computer infection. It is the User’s responsibility to take all appropriate measures to protect their data, software, and Equipment from any source of contamination.
Bbulb’s liability is excluded for any direct or indirect, material or immaterial, incidental or consequential damages resulting from the use of the Application or any information obtained from the Application.
This exclusion of liability does not apply in cases of intentional misconduct or gross negligence, or in the event of loss resulting from harm to life, physical integrity, or health attributable to Bbulb.
Bbulb takes all precautions to ensure that the Content does not violate public order or good morals. However, it cannot be held responsible if certain ideas or images contained in the Application offend particularly sensitive individuals.
All Content present on the Application is protected by French and international laws on intellectual property rights and/or press law, as well as personality rights (right to image). Consequently, the User agrees not to reproduce, modify, redistribute, translate, exploit, or reuse any of this Content for promotional or commercial purposes in any manner without prior written consent from Bbulb and/or the relevant rights holders, including for training and/or development of any software and/or machine learning or artificial intelligence system, as well as for any use by such systems to generate Content in response to user queries.
Bbulb grants, within its rights and subject to third-party rights, the User a free, non-exclusive right of access for personal use or within their immediate family circle to the entire Application. This right of access allows the User to browse the Application and use its Content in full compliance with the T&Cs.
It is specified that the T&Cs do not entail the transfer of any rights, including intellectual property rights, to the User.
Unauthorized use of Content may result in civil and/or criminal proceedings (notably for counterfeiting) and, if applicable, the payment of fines and/or damages.
The trademarks of Bbulb and its partners, including corresponding logos displayed on the Application, are registered trademarks protected under French and international intellectual property laws (notably Article L.713-2 of the French Intellectual Property Code and subsequent articles). Unless prior written authorization is obtained from the rights holders, any use of these trademarks or logos is prohibited.
Unauthorized use of a protected trademark or logo may result in civil and/or criminal proceedings (notably for counterfeiting) and, if applicable, the payment of fines and/or damages.
The Application may contain hyperlinks pointing to third-party websites or services. Bbulb makes every effort to provide the User with links to websites or services that are free from anomalies but cannot guarantee their quality or reliability.
The User accesses these third-party websites or services at their own risk. Consequently, Bbulb cannot be held responsible for any direct or indirect damages resulting from the consultation of a third-party website or service linked from the Application.
Bbulb processes personal data in compliance with the provisions of the General Data Protection Regulation (GDPR) and applicable data protection laws. Users can find detailed information about the processing of Personal Data in the Privacy Policy available on the Application. To learn more, Users can consult their rights on the CNIL website.
Bbulb ensures the security of the data collected from Users through access control mechanisms (identity and access rights management for authorized individuals), ensuring the confidentiality and integrity of said data.
The T&Cs are governed by French law. Any dispute regarding interpretation or execution falls exclusively under the jurisdiction of the Courts of Strasbourg.
Bbulb does not participate in alternative dispute resolution procedures before a consumer mediation body and is not legally required to do so. You can find here a link to the EU’s Online Dispute Resolution platform.
The invalidity of one or more provisions of the T&Cs, as declared by a court decision, does not affect the validity of the other provisions. Similarly, if certain provisions of the T&Cs become invalid or unenforceable due to a legislative change, this will not affect the validity of the other provisions.