Terms & Conditions

The present 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") published 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.

Introduction

Mobilis Pro manages a Platform called Voxing Pro, accessible via the Internet site www.voxingpro.com and from a mobile application that enables professional Voice Actors to publish their profiles online and for producers to access these profiles, search for voices, and send messages to the Actors. Access to these services is only available through the creation an account ("Account").

In order to use services proposed on Voxing Pro, it is necessary to accept the Terms & Conditions in effect on the date when opening an account. Persons who have not accepted the current Terms & Conditions may under no circumstances benefit from the services accessible from the Platform.

Note: For an optimal experience of the platform, we recommend using Firefox, Chrome or Safari browsers.

Article 1: Definitions

Each term beginning with a capital letter has the meaning indicated in its definition, whether it is in the singular or plural.

• Subscription: designates a subscription to a New Talent, Piano, Forte, or Fortissimo offer for the duration cited on the Platform.

• Voice Agent: designates a person or company mandated by the artist as an intermediary.

• Actor: designates a professional actor or artist specialising in voice recordings such as: dubbing, voice-over, 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: designates the space reserved for the Actor, Producer, Agent, Artistic Director, or other audiovisual professionals working with voice artists, through which they access the Platform interface and customize it according to their work.

• Content: designates 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: designates a List of Actors who have accepted the option to receive notifications and SMS messages from the Producer

• Mediartis: designates the internet site www.mediartis.com published by Mobilis Pro and dedicated to rendering audio databases GDPR compliant

• Sample: designates an audio sample in which the Actor has participated and in which his or her voice is identifiable.

• Services: designates all services accessible via the Platform.

• Producer: designates a recording studio, an agent, an artistic director, a television channel, a company producing videos and recordings.

• Profile: designates 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" or "actor website".

• Dubbing Credit: designates a credit of an actor and of a film or series that the Actor has dubbed.

• Video: designates a video clip in which the Actor has participated and in which his or her voice is identifiable.

Article 2: Services accessible from the Platform

The Platform provides Actors with a Service that allows them to publish their Profile, Samples and Videos in which they have participated, voice characteristics and specificities, industry experience, representative photos, CVs, professional availabilities, list of actors they have dubbed, including the name of the film, and contact information.

• A search engine to search for Actors by name is available on the Platform.

• Visitors to the Platform consult the profiles of Actors and can contact them via a contact form.

• Access to Services available through the Platform depends on the Subscription an Actor has subscribed to. New Talent, Piano, Forte, Fortissimo, or any other offer referred to as a paid offer, are only accessible to Actors who have active paid Subscriptions. With the exceptions of New Talent, Piano, Forte, Fortissimo, or other named paid offers, the Services accessible on the Platform by Actors are free, but are 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 to 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 fifteen days before the expiration date of their current subscription.

Actors receive a preliminary warning reminding them when their Subscription expires 3 days before the end of their current Subscription. In case of a Subscription renewal, the applicable rates are those which are currently in effect on the date of renewal.

Mediartis Offer

Subscriptions to offers on the Platform allow Actors to share their Profiles with Producers and other audiovisual voice professionals on the Mediartis platform [Mediartis] https://mediartis.com/ which is also operated by Mobilis Pro.

Producers registered on Mediartis use the platform to manage their private voice actor databases and allows them to contact Actors for organising castings. By subscribing to an offer on the Voxing Pro platform, the Actor's public profile may also be shared with producers registered on Mediartis. This increases casting visibility for the Actor.

Producers

The Platform makes available to Producers, artistic directors, and agents, a Service that makes it possible to search for Actors by specific criteria and to contact them by means of SMS, or email. Access to the Casting Service is free for Producers, 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 their Platform Account in order to contact them via tools available on the Platform. Producers warrant they have obtained consent from all Actors to hold and use their personal data for conducting Castings, auditions, recording sessions, and to communicate with them.

Article 3: Opening an Account

Profile publication is exclusively reserved for Actors, Agents, Producers, Artistic Directors, and other Audiovisual Voice Production professionals who have opened Accounts on the Platform, and are subject to the conditions of the current Terms & Conditions.

Account creation is validated after providing all required information and once Mobilis Pro accepts the Account creation request. Actors who work principally using a home studio may not open an Account on the Platform. Mobilis Pro reserves the right to refuse validation of a request to open an Account for anyone who does not respect this condition.

The Actor, Agent, Artistic Director, Producer, or other Audiovisual Voice Production professional agrees to provide true and accurate personal and company information when opening an Account.

Accounts may only be opened by adults. Any opening of an Account by a minor, younger than eighteen years old, can only be done with prior written authorisation of the minor's parent or legal guardian and provided to Mobilis Pro.

Every account holder has a username and password to connect to their Account. When an 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 authorised to connect to an Account using the username and password corresponding to the said Account. The Account holder agree to store their passwords in a strictly confidential manner. As such, any activity undertaken in an Account is assumed to have been done by the owner of the Account himself or with their authorisation, unless the Account owner is capable of proving that their Account has been hacked.

An Account may neither be sold nor transferred to another physical person without the express written consent of Mobilis Pro.

Article 4: Profile

4.1. Required Information

Account Users must provide the requested mandatory information in their Profile. Notably for Actors:

• Personal information (first and surnames);

• Contact information (telephone number, e-mail address, agent);

• One or more high-quality photographs;

• Text describing the Actor, for example: training and experience (CV);

• At least three (3) Samples that have been broadcast or three (3) dubbing projects. Actors must state whether Samples are demos, mock-ups; if they've 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. Profiles will not be published until all required information has been provided.

•The only exception to the previous scenario if for "New Talents" who are just starting their career. After validation by the Voxing Pro Team, and only if the Actor has completed either a voice-over or dubbing: a minimum of 2 recording sessions in a studio with a sound engineer and an Artistic Director or Producer OR a training. If a "New Talent" meets these conditions and can provide 3 Samples (broadcasted or non), their Profile will be considered for validation and publication on the Platform. "New Talent" Subscriptions are subject to promotional pricing for one year and cannot be renewed – "New Talents" must select a different Subscription at the end of the first year.

Profiles will not be published until all required information is provided. Actors have the possibility to:

• Upload photos or videos presenting their work, either through images or voice, and subject to the same conditions as Samples

• Define voice characteristics

• Describe professional experience

• Indicate availabilities

• Indicate spoken language(s) and accent(s)

• Provide links to other sites they are presented on (blog, personal website, Wikipedia article, etc.)

The Profile can be updated by the Account holder at any time by logging into their Account. In addition to the conditions detailed below, Account holders expressly understand that all information provided on their Profile can be viewed and accessed by any person accessing the Platform.

The Actor understands and agrees that their Profile may be accessed by Mobilis Pro Team members for administrative purposes and in order to ensure the quality of published Profiles on the Platform. To this end, the Actor warrants they have been informed and expressly accept that they may be contacted by the Mobilis Pro Team extending advice for optimising and improving the referencing of their Profile.

4.2. Accuracy of Information

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 be removed (list non-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.

4.3. Respecting the rights of third parties

The Account holder confirms that none of the Content published on their 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 any Content on their Profile that is likely to infringe on 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 their Profile, the required authorisation(s) from the holders of the rights relating to Samples, Photos and Videos. The account holder acknowledges that they alone are responsible for the Content published on their Profile.

4.4. Platform Usage

4.4.1 Use of the Platform by the Actor

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 home studio services 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, photograph(s), content may be displayed on any support, as a member of Voxing Pro and to inform site visitors and the public of Voxing Pro member and platform news. Statistics on the use of the platform by Producers and Artistic Directors will be accessible to the Actor for informational purposes if the Actor has an active Subscription to Piano, Forte or Fortissimo offers.

In order to respect Producers and Artistic Directors privacy, 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 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.

4.4.2 Use of the platform by the Producer, Artistic Directors and Agents

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 Contact List is never shared with other Producers or third parties.

A Producer can upload Lists of Actors to his/her Account. The Producers warrants the Actor List has been obtained in compliance with the General Data Protection Regulation applicable to personal data. The Producer may only import their Contact 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.

Producers who download Samples from the Platform are solely responsible for the General Data Protection Regulation compliant handling and processing of the personal data.

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.

4.5 Reception of SMS messages

The Actor accepts contact by means of SMS by any person having obtained his/her contact 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 recognises that the SMS received from the Producer in no way constitutes a promise of employment or a contract.

4.6 Profile Administration

The Actor agrees that the Mobilis Pro team may, at any time, make necessary modifications and corrections to his/her Profile, or add 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.

Article 5: Duration

5.1 Voluntary closure of the Account

Account owners can terminate their Account in writing to Mobilis Pro, 121 rue d'Aguesseau, 92100 Boulogne-Billancourt, France or by email at contact at mobilispro.com. Nevertheless, active Subscriptions must be paid in full, even if the Account owner no longer wishes to be presented on the Platform.

5.2 Account suspension

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.

5.3 Closure of the Account for infringement of these Terms & Conditions

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.

5.4 Closure for failure to provide required information

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 an Account at any time, in which the required information mentioned in Article 4.1 has not been provided.

5.5 Consequences of Account closure

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 delay of 30 days. The actor will be sent an email after 23 days from the Account closure to remind them they have 7 days remaining to download content from their Account. Closure of the Account for any cause, whatsoever shall establish no right to compensation in the Account holder's favor.

Article 6: Guarantee

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.

Article 7: Liability

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.

Responsibility of Mobilis Pro will not be held liable for any amount great than the value of the Subscription in effect at the time of the event that generates responsibility.

Mobilis Pro will not be held liable if the performance of their obligations is delayed or prevented due to any force majeure, a fortuitous event or a cause beyond their control, such as, for example: natural disasters, wars, earthquakes, fires, explosions, riots, interventions of governmental or military authorities, bad weather, water damage, malfunction interruption of the electricity or telecommunications network.

Article 8: Personal data

As part of its business, Mobilis Pro collects personal information. Mobilis Pro collects the details of Actors, Agents, Artistic Directors and Producers, as well as their resumes, voice clips, calendars and recording locations. The processing of such data is necessary for the provision of the Services mentioned in these Terms & Conditions. The data is kept as long as the Actor, Agent, Artistic Director or Producer has an Account, and for a period of three months from the date of closure. Unless stated to the contrary by the Actor, Voice Agent, Artistic Director or Producer's representative, the collected data is also used to keep him/her informed of the news and services offered by Mobilis pro. Any individual can unsubscribe from newsletters and other communication tools at any time.

Data is conserved for the duration an Actor, Voice Agent or a Producer has a Voxing Pro Account. If the person is inactive for 36 consecutive months, an email is sent to remind them of their Account and provides the possibility of terminating their Account at any time. The email reminder is then sent once a year, unless the person informs Mobilis Pro of their intention of closing their Account. In any event, their email address is conserved in the marketing list until the person requests to be taken off the list. If the Actors data has been diffused to a Producer registered on the Platform, the Actors data will no longer be visible to the Producer as soon as the Actors Account is deactivated.

Each Actor, Voice Agent, Artistic Director or Producer has the right to access, modify, rectify and erase any personal data concerning him/her, in accordance with the provisions of the law relating to data processing, files and freedoms of January 6, 1978 in the version in force on the date hereof, and in accordance with Community regulations (General Data Protection Regulation).

Mobilis Pro has delegated Virutal DPO as their external Data Protection Officer. For any questions please visit www.virtual-dpo.fr directly.

The right to access, to modify, to correct, and to delete, described in the previous paragraph, can be exercised directly with Voxing Pro customer support at personaldata at voxingpro.com.

The Actor, Voice Agent, Artistic Director or Producer expressly recognizes that once he/she has shared content to a third-party application or server, Mobilis Pro is no longer responsible for enforcing the right to delete on these third-party applications. The appropriate person will have to contact the publishers of the applications through which they have shared their data to exercise their right of deletion.

Mobilis Pro undertakes to inform Users as soon as possible in the event that they are informed of the existence of a violation of the personal data communicated, since this violation is likely to have consequences for the private life or the freedom of the Actor or Producer.

In case of difficulties relating to the management of personal data, the data subject has the right to lodge a complaint with the CNIL or with any competent supervisory authority. Cookies may be automatically installed on the browser software when accessing the Platform. A cookie is an element that does not identify the visitor but is used to record information about its navigation. The browser settings may be used to refuse cookies according to the procedure described in the "Internet Option" tab of the browser. However, the removal of cookies is likely to inhibit the quality of the services provided.

Article 9: Communication

The User expressly authorises Mobilis Pro to use his/her name, photograph, name, and brand or logo, and may be mentioned as a Mobilis Pro client in Mobilis Pro and/or Voxing Pro marketing and communications activities of any nature. The name of the User may also be disseminated via social networks.

Mobilis Pro will cease marketing and communications activities that cite the User upon request of the User. The User agrees not to request cessation of these activities without a valid reason and/or in a derogatory manner via marketing and/or communications.

Article 10: Various

In the event one of the stipulations of the present Terms and Conditions is nullified, the content of the new disposition will be as similar as possible to the canceled stipulation, provided that the new disposition is balanced and does not harm or infringe on the rights of the User or Contacts added by the User to their Account.

The headings of the Articles of these Terms and Conditions appear only for convenience and in no way affect the meaning of the provisions to which they refer.

No sign of tolerance by Mobilis Pro, even if repeated, will constitute a waiver to any of the provisions detailed in these Terms and Conditions.

The Terms and Conditions can be modified at any time by Mobilis Pro. In the event of modifications, the applicable Terms and Conditions are those in effect on the date of use of the Platform.

Any modification will be communicated to the User within a reasonable amount of time before it takes effect. In the event a User refuses to accept the new Terms and Conditions, they have the option of terminating their Account within one month from the date of notification of the modification of these Terms and Conditions. No special conditions may prevail over these Terms and Conditions, with the exception of express written consent on behalf of Mobilis Pro.

These Terms and Conditions are governed by French law with regards the rules of both form and substance. The text of the French version of these Terms and Conditions shall govern in the event of any dispute, regardless of its nature, that directly or indirectly relates, without this list being exhaustive, to the validity, interpretation, execution or non-execution of these Terms and Conditions. Any claims or issues concerning the validity, interpretation or performance of these Terms and Conditions shall be referred exclusively to the French Courts in the region of the registered office of Mobilis Pro (Paris, France).

LEGAL MENTIONS

The VoxingPro.com website is published by Mobilis Pro, a simplified joint-stock company with capital of 930.681,20 €, whose headquarters are located at 121 rue d'Aguesseau 92100 Boulogne Billancourt,France, registered with the RCS of Nanterre under the n° 803 940 642.

Contact: [contact at mobilispro.com])

N° TVA: FR67803940642

Responsible for the Terms and Conditions: Mme Cécile LIMAL

Host: Clever Cloud, 11 Rue Pierre Landais, 44200 Nantes, FRANCE