The current Terms & Conditions define the conditions of use for the Voxing Pro platform accessible from the Internet site or via the mobile Voxing Pro application (hereinafter "the Platform") produced by the company Mobilis Pro registered in the Nanterre Trade and Companies Register under no. 803 940 642, and whose head office is located at 121 rue d'Aguesseau, 92100 Boulogne Billancourt, France.
Mobilis Pro manages a Platform named Voxing Pro, which is accessible via the Internet site voxingpro.com and from a mobile application and which enables professional Voice Actors to publish their profiles online. Producers are able to access these profiles, search for voices, and send messages to the Actors. Persons wishing to benefit from the services offered on Voxing Pro must accept the current Terms & Conditions when they open their Account. Persons who have not accepted the current Terms & Conditions may under no circumstances benefit from the services accessible from the Platform.
Each term beginning with a capital letter has the meaning indicated in its definition, whether it is in the singular or plural. • Subscription: indicates the subscription to a New Talent, Piano, Forte, Fortissimo offer for the duration cited on the Platform. • Voice Agent: designates a person or company mandated by the artist as an intermediary. • Actor: exclusively means a professional actor or artist specializing in voice recordings such as: dubbing, voiceover, radio or TV advertising, audio descriptions, narrations, audiobooks, etc. The Actor is generally called "voice actor", "voice talent", "dubbing actor", "voice artist", or "voice off". • Account: indicates the space reserved for the Actor, Producer, Agent, or Artistic Director, through which they access the Platform interface and customize it according to their work. • Content: means all information and elements published by the account holder to highlight their Profile. • Home studio: designates the activity of an actor recording their own voice from their home or their own recording studio, without the presence of an external artistic director nor an external sound engineer remunerated by a production company independent of the actor. • List of Actors: List of Actors who have accepted the option to receive notifications and SMS messages from the Producer • Sample: means a sound clip in which the Actor has participated and in which his or her voice is identifiable. • Services: means all services accessible via the Platform. • Platform: means the Internet site voxingpro.com and the mobile application on which the Services are accessible. • Profile: indicates the profile published on the Platform by an Actor or any other account holder. This may be called "voxer profile”, "public profile" or "public resume”. • Video: means a video clip in which the Actor has participated and in which his or her voice is identifiable.
• The Platform makes available to Actors a service that allows them to publish their Profile, sound clips (Samples) and Videos in which they have participated (including a classification function), representative photos, their resumes, their availability, the list of actors they have dubbed for, including the name of the film, and contact information. • A search engine to search for Actors by name is available on the Platform. • Visitors connecting to the Platform can consult the profiles of Actors and can contact them. • Access to the Services available through the Platform depends on the option subscribed to by the Actor. New Talent, Piano, Forte, Fortissimo, or any other offer mentioned as a pay offer, are only accessible to Actors who have subscribed to a paid offer according to the rates mentioned on the Site. • With the exception of the New Talent, Piano, Forte, Fortissimo offers, the Services accessible from the Platform by the Actors are free, while subject to connection costs paid by the Actors and users of the Platform to their internet providers via the internet package to which they have subscribed with their operators. • Upon expiration, Subscriptions are automatically renewed for the same duration of the initially subscribed term. Parties wishing to cancel their subscription can do so via email at least thirty days before the expiration date of their current subscription. In the run-up to each renewal, the actor will receive a preliminary warning reminding them of the date of expiry and renewal. In case of a Subscription renewal, the applicable rates are those which are currently in force on the date of renewal. • The Platform makes available to producers, artistic directors, and agents a service enabling them to search for actors by means of all criteria completed by the actors, to contact them by means of SMS or e-mail. Access to the casting services is completely free to these users, with the exception of sending SMS messages, which is invoiced according to the rates mentioned on the site, subject to connection costs paid by the Actors and users of the Platform to their internet providers via the internet package to which they have subscribed with their operators. These rates may change at a later date. Producers can add their List of Actors to the Platform to be able to contact them through the tools available on the Platform.
Profile publication is exclusively reserved for those Actors, Agents, Producers and Artistic Directors who have opened an Account on the Platform, and are subject to the conditions of the current Terms & Conditions. The opening of the Account is verified following completion of the information required. Actors who work principally using a home studio may not open an Account on the Platform. Mobilis Pro reserves the right to refuse to open any Account for anyone who does not respect this condition. The Actor, Agent, Artistic Director or Producer agree to provide accurate personal information when opening the Account. Accounts may only be opened by adults. Any opening of an Account by a minor must be done with the prior authorization of the minor's parent or legal guardian. Each account holder has a username and password to log into his/her Account. When the Account is created by a Producer or Voice Agent, they may also create sub-accounts with different rights depending on the function of the sub-account holder. Only the holder of the Account is authorized to login using the username and password corresponding to the said Account. The account holder and the representatives of the Producers, Agent or Artistic Directors, agree to store his/her password in a strictly confidential manner.
As such, any activity undertaken from an Account is assumed to have been made by the owner of the Account him/herself or with his/her authorization, except if the owner is able to demonstrate that his/her Account has been hacked. An Account may neither be sold nor transferred to another physical person without the express consent of Mobilis Pro.
The account holder must complete all mandatory sections of his/her Profile. At present, the following sections are considered mandatory for Actors: • personal information (first and surnames); • contact information (telephone number, e-mail address, agent); • one or more high-quality photographs; • a section of free text describing the Actor, together with, for example, his/her training and experience (resume); • one or more Samples. For each of the Samples uploaded, the Actor must state whether it is a demo, a mock-up or if it has already been broadcast, and the work from which the Sample has been taken where applicable. The Actor's voice must be present and identifiable on the uploaded Sample. The Profile may not be published until all required mandatory information has been provided. The Actor may also: • Upload photos or videos presenting his/her work, either as images or a voice recording, and pertaining to the same conditions as those for Samples • Define voice characteristics • Detail availability • or upload links to other sites about him/her (blog, personal website, Wikipedia article, etc.) The Profile can be updated by the account holder at any time by logging into his/her Account. Subject to the conditions mentioned below, the account holder expressly understands that all information he/she uploads to his/her Profile can be viewed and accessed by any person using the Platform. The Actor thus expressly accepts that his/her profile will be made public. The account holder has the opportunity to keep the information mentioned in his/her Profile confidential. Nevertheless, the Actor is expressly informed that confidentiality prevents the Producers from accessing information mentioned on his/her Profile and risks significantly limiting the number of Contacts that the Actor can make via the Platform.
The account holder is expressly informed that Mobilis Pro places particular importance on the accuracy of the information uploaded to the Actor's Voxing Pro Profile. The account holder agrees to upload precise and accurate information to his/her Profile. As such, Mobilis Pro reserves the right to immediately terminate the Account of an Actor, or any account holder, without advance notice and without any due compensation, in the event that information published on the Actor's Profile is revealed to be false or harmful to a third party. The following in particular will be systematically removed (list not exhaustive): • uploaded Samples in which the voice of the Actor is not present; • referral to a work in which the Actor has not participated; • uploaded audio mock-ups in the guise of broadcast work; • identity theft.
The account holder confirms that none of the Content published on his/her Profile is immoral; likely to violate the rights of third parties; pornographic, racist, violent or likely to constitute a defense or question of crimes against humanity. The Actor also agrees not to publish on his/her Profile any Content likely to infringe intellectual property rights such as trademark or industrial rights, copyright, image rights, or sui generis database rights. The Actor agrees to obtain, prior to uploading Content to his/her Profile, the required authorization from the holders of the rights relating to Samples, Photos and Videos. The account holder acknowledges that he/she alone is responsible for the Content published on his/her Profile.
The Platform is exclusively dedicated to the promotion of the Actor's skills in the voice recording field. The Actor's Profile may under no circumstances be used for advertising, sale or rental, either commercial or free of charge, of other products or services of any type whatsoever. The Profile may not contain any commercial proposal or proposal regarding rates, any encouragement of direct cold calling, nor any reference to a home studio or to work carried out in a home studio. The Actor expressly agrees that, as a member of the Voxing Pro Platform, his/her name or photograph may be mentioned in any media. Statistics on the use of the platform by Producers and Artistic Directors will be accessible to the Actor for informational purposes. In order not to disturb the Producers and Artistic Directors, the Actor will refrain from soliciting them based on their activity on the platform. If the present Article 4 is violated, Mobilis Pro reserves the right to immediately remove from the Platform all of the Content uploaded by the Actor and to delete his/her Profile without any possible compensation or guaranteed republication. The Actor will then be prohibited from opening any new Account on the Platform.
The Platform aims to simplify the work of Producers, Artistic Directors and Agents who need to work and communicate with professional actors. The Producers, Artistic Directors and Agents who have opened an Account on the Platform agree to use it exclusively in a professional capacity. They also agree to use it solely for the proposition of roles to Actors that are in no way immoral, likely to infringe the rights of third parties, pornographic, racist, violent or likely to constitute an apology for, or a questioning of, crimes against humanity. The Producers, Artistic Directors and Agents are also prohibited from proposing roles to an Actor that are likely to infringe on intellectual property rights, such as copyright or image rights. A Producer’s List is never shared with other Producers or third parties. The Producer may only import their List into their Account if it has been established in accordance with the regulations applicable to personal data. In the event of a violation of Article 4, Mobilis Pro reserves the right to withdraw all Content posted by the Producer from the Platform and close the Producer's Account without any compensation being claimed. The Producer agrees that Mobilis Pro may inform the Actors and any third party about their registration on the Platform. As such, Mobilis Pro may disseminate a press release via email, social networks or any other means, mentioning the fact that the Producer has joined the Platform. The Producer further agrees that their logo or trademark be reproduced in a press release or in any medium intended to inform users of the Platform or third parties. The Producer may nevertheless request that the Actors whose Profile they consult not be informed of their identity, but simply notified that a Producer has consulted their Profile.
The Actor accepts contact by means of SMS by any person having obtained his/her details on the Platform, and particularly by Producers. The Actor recognizes that Mobilis Pro is in no way responsible for the accuracy of information sent by SMS via the Platform. The Actor is informed that he/she is in no way obliged to reply to any SMS received. The Actor is not obliged to accept the Projects for which they receive an SMS. The Actor is free to contact by any means the Producer who has sent him/her an SMS and to follow up or not follow up on the said SMS. The Actor recognizes that the SMS received from the Producer in no way constitutes a promise of employment. The Actor can at any time ask Mobilis Pro to ensure that he/she is no longer contacted by SMS via the Platform by sending a letter to the following address: Mobilis Pro: 121 rue d'Aguesseau - 92100 Boulogne Billancourt, France.
The Actor agrees that the Mobilis Pro team may at any time make necessary corrections to his/her profile, such as modifications, or adding Actors and original films to the I DID IT section that were previously mentioned by the Actor in their resume. The Actor also agrees that his/her Voice Agent may manage his/her Profile. As part of the "Fortissimo" offer, the Actor agrees to delegate the full management of his/her Profile to the Mobilis Pro team for the duration of his/her subscription. The Producer agrees that the Mobilis Pro team may update the company logo at any time. No other data is administrable by Mobilis Pro.
The account holder may directly close his/her Accounts by means of a written request to Mobilis Pro, 121 rue d’Aguesseau, 92100 Boulogne-Billancourt, France. Nevertheless, running subscriptions must be fully paid, even if the holder no longer wishes to be referenced on the Platform.
Mobilis Pro reserves the right to suspend the account of any account holder at any moment and without any advance notice in the case of infringement of the provisions of the current Terms & Conditions. In particular, Mobilis Pro can suspend the Account of an Actor whose recordings take place principally in a home studio.
In the case of a suspension of the Account according to Paragraph 5.2 above, or in the case of proven failure by the account holder to fulfill any obligations which have not been remedied within a period of seven (7) days following formal notice sent to this effect by email to the email address stated when opening the Account, Mobilis Pro may close the Account by right and without legal formalities, without relinquishing compensation for the entire amount of any damages suffered by Mobilis Pro. Mobilis Pro may also proceed automatically with the closure of the Account, without prior notice, in the case of proven violation of a particularly serious nature of these Terms & Conditions by the account holder, such as infringement of the rights of third parties in a Sample or any other element of the Actor's Profile, identity theft, falsely attributed credit, or publication of Content that is racist, homophobic, defamatory or likely to endanger the lives of others. The account holder will then be prohibited from opening any new Account on the Platform.
Subject to prior notification of the account holder by email, and in the absence of an objection from the latter, Mobilis Pro reserves the right to close at any time an Account in which the required information mentioned in Article 4.1 has not been completed.
Any account holder wishing to close his/her Account must ensure that he/she saves uploaded Content before proceeding with the closure. Under no circumstances may the Actor seek redress from Mobilis Pro if he/she has forgotten to save the Content in their Account. At the date of Account closure, the Content uploaded by the account holder will be deleted from the Platform within a maximum period of three months. Closure of the Account for any cause whatsoever shall establish no right to compensation in the account holder’s favor.
The account holder guarantees that he/she holds all intellectual property rights, such as trademark or industrial rights and copyright for the Content that he/she has uploaded to the Platform. The account holder also guarantees the authenticity and accuracy of the Content that he/she uploads and that said Content under no circumstances infringes morality or the rights of third parties. As such, the account holder shall compensate Mobilis Pro, on first request, for any sentence, incidental expenses, settlement, or fees resulting from any action for infringement or liability brought against the company because of the Content posted by the account holder, subsequent to the said action having led to an enforceable sentence (whether final or not) of Mobilis Pro, the conclusion of a settlement agreement, or requiring the payment of fees of any type whatsoever.
Mobilis Pro cannot control a priori the Content uploaded to the Platform by the Actors and other account holders, and has no general obligation to monitor such Content. Mobilis Pro operates exclusively as host of the Platform according to Article 6-I-2 of Law No. 2004-575 of June 21, 2004 regarding Confidence in the Digital Economy, as regards the Content published by the account holder. In its role as host, Mobilis Pro is obligated to immediately delete any content of a racist, defamatory, disparaging or insulting nature, and more generally content that is contrary to laws and regulations, or which affects the rights of third parties to public order and morality, as soon as it receives notification in accordance with the law of June 21, 2004 regarding Confidence in the Digital Economy. Mobilis Pro shall under no circumstances be held responsible for any damage suffered by an account holder or third party, resulting either directly or indirectly from Content uploaded to the Platform. Mobilis Pro is under no circumstances responsible for the management of the intellectual property rights linked to the Content. As such, the company is under no circumstances responsible for the unauthorized use or reproduction of one or more items of Content, nor for the consequences of this use or reproduction. Nor can Mobilis Pro be held responsible for any malfunction of the Services due to an interruption of the Internet network for any cause whatsoever or as a result of failure of the hosting server used by Mobilis Pro. In addition, each account holder acknowledges Mobilis Pro's right to temporarily interrupt access to Services when the Platform or any connected server is the subject of an update or maintenance operation. When this occurs, Mobilis Pro will strive to reduce the inconvenience suffered by users by reducing the period of the interruption to the minimum time necessary to carry out the operation in question. Mobilis Pro cannot be held liable if the performance of its obligations is delayed or prevented due to force majeure, unforeseeable circumstances, or circumstances outside its control, such as, in particular: natural disaster, war, earthquake, fire, explosion, riot, intervention by government authorities, bad weather, water damage, malfunction, or interruption of the electricity or telecommunications networks.
In the case of invalidity of one of the provisions of these Terms & Conditions, it shall be replaced with a provision whose content shall be as similar as possible to the canceled provision, provided that the new provision is balanced and does not infringe the rights of Actors, Artistic Directors, Agents and Producers. The titles of the articles of these Terms & Conditions are inserted for convenience and in no way affect the meaning of the provisions to which they refer. Any tolerance by Mobilis Pro, even on a repeated basis, does not constitute a waiver of any provision of these Terms & Conditions.
The Terms & Conditions may be modified at any time by Mobilis Pro. In the case of modification, the applicable Terms & Conditions are those in force on the date of use of the Platform. Any modification will be communicated to the account holder within a reasonable period before becoming effective. If the account holder refuses to comply with the new Terms & Conditions, he/she has the right to close his/her Account within a period of one month from the date of notification of the modification of these Terms & Conditions. No particular condition can, except in the case of formal and written acceptance by Mobilis Pro, prevail over these Terms & Conditions. These Terms & Conditions are subject to French law. Any difficulty relating to the validity, interpretation or execution of this Agreement shall be within the exclusive jurisdiction of the competent courts in the jurisdiction of the Court of Appeal of Paris.
The site voxingpro.com is published by the company Mobilis Pro Simplified Joint Stock Company) with capital of €563,214, whose head office is located at 121 rue d’Aguesseau 92100 Boulogne Billancourt, France. Registered in the Nanterre Trade and Companies Register as no. 803 940 642. Contact: email@example.com VAT no.: FR67803940642 Publication manager: M. Vincent Moquet Host: Clever Cloud, 11 Rue Pierre Landais, 44200 Nantes, France