GENERAL TERMS AND CONDITIONS OF SALE AND OF USE FILMFEST
1.1 FilmFest is a platform designed to be a bridge between Festivals and producers, distributors, directors or more generally Rights Holders of short format films. Rights Holders can use the Platform to register short films in Festivals, and Festivals can use it to organise their calls for entries. Platform Services are detailed in Article 4 below.
1.2 The purpose of these general Terms and Conditions is to define the conditions under which Users can make use of the Platform.
1.3 It is understood that registration on the Platform implies full and unconditional acceptance of the Terms and Conditions herein.
1.4 These Terms and Conditions can be saved and printed by any person visiting the Platform.
2. SITE EDITOR
In compliance with article 6III 1b) of law n°2004-575 of 21 June 2004, modified by law n°2006-64 of 23 January 2006, the information pertaining to the identification of the Editor of FilmFest is as follows: L’Agence du court métrage, an association for the promotion and circulation of short films, head office 77 rue des Cévennes, 75015, Paris, represented by its managing director: Amélie Chatellier
Telephone number: +33 (0)1 44 69 26 60
Director Publication: Jérôme Descamps
Site host: ONLINE SAS
BP 438 – 75366 Paris CEDEX 08 – RCS Paris B433 115 904
Video host: AMAZON FRANCE
In these Terms and Conditions, terms and expressions with a capitalised initial letter, in either the singular or the plural form and unless otherwise stated, have the meaning as given below:
“Administrator” refers to the member of a Festival who has administrator rights on the Festival account
“Application” refers to the FilmFest application which allows Festivals to view Film Playlists via a mobile device or a computer
“Association” refers to L’Agence du court métrage whose details can be found in Article 2 above
“Rights Holders” refers to any producer, director, distributor or more generally any rights holder of a Film having subscribed to use the Services of the Platform
“Terms and Conditions” refers to general Terms and Conditions of Sale and Use herein
“Account” refers to the interface created by Rights Holders and Festivals, which includes their registration data and determines their access to the Services
“Credit” refers to the virtual currency which can be used by Rights Holders to pay their purchases on the Platform
“Personal Space” refers to the interface provided to Users by the Platform including Festival Administrators and Programmers
“Festival” refers to short film festivals which have subscribed to use the Services of the Platform
“Festival Factfile” refers to the information file of a Festival completed by Festivals in compliance with article 7.2, available to Users
“Film Factfile” refers to the information file of a Film completed by Rights Holders in compliance with article 6.2 available to any person having received the matching URL by a Rights Holder and sent to Festivals for applications when necessary
“Film” refers to any short film posted on the Platform by a Rights Holder and made available when necessary to Festivals to which a Rights Holder has submitted a Film
“Identifiers” refers to the user name and password given to each User when registering on the Platform
“Member” refers to the various physical persons who were made Member by a Festival as an Administrator or a Programmer
“Parties” refers collectively to the Association, the Rights Holders and the Festivals
“Platform” refers to the FilmFest website
“Playlist” refers to a list of Films put together by a Festival in compliance with article 7.5 herein
“Programmer” refers to any Member of a Festival acting as a programmer as detailed in article 7.1
“Service” refers to all services provided by the Platform to Users, as stipulated in article 4 herein
“Third Party Services” refers to any site, service or more generally any entity distinct from the Platform and the Association and notably the services and/or sites of Rights Holders and Festivals
“Users” refers collectively to Rights Holders and Festivals
“Visitor” refers to any person surfing the Platform
4. DESCRIPTION OF THE SERVICE
It is understood that access to the Platform is dependent on the creation of an account by the User, whether they are a Rights Holder or a Festival, under the conditions provided for in article 5 herein.
4.1 Services for Visitors:
Visitors have access to one or more presentation pages of the Services, from which they can access the registration pages either as a Rights Holder or a Festival depending on the applicable case.
In addition, Visitors having received the access to a Film Factfile by a Rights Holder have limited access to this Film Factfile. It is clearly understood that Visitors do not have access to the Films and cannot watch them.
4.2 Services for Rights Holders:
Rights Holders are provided with the following services, tools and features by the Platform which can be subject to the payment of the applicable Rights Holder fee:
- The creation of a Factfile on them and a Factfile on their Film(s). Factfiles can contain text (synopsis, cast, technical characteristics, etc.) or visual information (photos, sketches, photograms, etc.)
- Posting Films on line in digital formats (.mp4) as well as side elements of the Films (subtitles, trailers, photos etc.)
Consultation of profiles of Festivals present on the site and conditions for registering a Film or Films in these Festivals with a search tool.
- On-line submission of Films to the Festivals of their choice in accordance with these Festivals’ rules.
- Sharing Film Factfiles on social media for promotion
- A notification system to stay up to date with the Films’ selections and awards and the Festivals’ calendar.
- Any other feature for Rights Holders potentially made available on the Platform
4.3 Services for Festivals:
Festivals are provided with the following services, tools and features by the Platform in accordance with their subscription:
- Registering the Festival on the Platform to have it listed
- A system to manage the Festival’s editions and calls for entries
- A tool for real-time tracking registrations of Films corresponding to criteria set by the Festival
- Streamed viewing of Films and creation of Playlists in the Personal Space
- Customised access for all Programmers with tools for rating and commenting Films registered in the Festival
- Direct access to data of Films registered in the Festival and contact information of Rights Holders who registered the said Films
- A tool for exporting data available on the Platform
- A tool for searching Films and contact information of Rights Holders to invite them to submit
- A notification system to easily keep track of submissions
- A training program in the form of a webinar
- Any other feature for Festivals potentially made available on the Platform
5 OPENING AN ACCOUNT
5.1. Joint conditions for Users
The User opening an Account can be a physical or a moral person in accordance with the detailed provisions for Rights Holders and Festivals as given below. They must in all cases have the legal capacity to open an Account. This means that any underage User recognises that they have parental authorisation to open an Account on the Platform.
The Association reserves the rights to refuse or cancel at a later date acceptance of an Account when the information provided by the User is incomplete, false, fraudulent or fanciful. The Association can also require the User to provide documentation to support their claim.
5.2. Registration of Rights Holders
Registration of Rights Holders on the Platform is open and free of charge on the condition that the present Terms and Conditions are observed.
Rights Holders complete the Account creation form accessible from the Platform homepage, ensuring that all required information is provided:
▪ Name and first name
▪ Telephone no.
▪ E-mail address
▪ Physical person or moral person
▪ Profession – Select in a list
▪ Name of the organisation, if necessary
▪ Postal address
▪ Intra-Community VAT Number, if necessary
▪ Creation of a password
A Rights Holder who opens an Account will be offered the possibility to subscribe to various newsletters. At any time, the Rights Holder can choose to unsubscribe from these newsletters by clicking on the link available in each newsletter or in their Account.
5.3. Registration of Festivals
The registration of Festivals on the Platform is open and free of charge on the condition that the present Terms and Conditions are observed.
Festivals complete the Account creation form accessible from the Platform homepage, ensuring that all required information is provided:
▪ Name and first name
▪ Name of the organisation
▪ Telephone no.
▪ E-mail address
▪ Postal address
▪ Creation of a password
A Festival which opens an Account will be offered the possibility to subscribe to various newsletters. At any time, the Festival can choose to unsubscribe from these newsletters by clicking on the link available in each newsletter or in their Account.
5.4. Recuperating Identifiers
Should the User lose their Identifiers, they can ask the Association to reinitialise them, in which case they will be sent by e-mail to the address given on the form when the account was created.
Users undertake not to communicate their Identifiers. The Association cannot be held responsible for direct or indirect damage suffered by the User or third parties resulting from fraudulent access to the User’s account following Identifiers being revealed.
6. USE OF THE PLATFORM BY RIGHTS HOLDERS
Use of the Platform by Rights Holders can be free of charge or require the payment of a service. It is understood that all the Services offered below remain so within the limits of the Terms and Conditions herein.
6.1. Personal Space
Rights Holder can personalise their profiles and particularly any information concerning their activity (producer, distributor, director, etc.) and notably any contact information (telephone, e-mail, postal address, etc.).
All this information, with the exception of that pertaining to their identity as specified in the Account creation form, can be changed by the Rights Holder at any time.
The Rights Holder understands that all data put on line in their Personal Space will become accessible to Festivals.
6.2. Creation of a Film Factfile on the Platform
The Rights Holder can create Film Factfiles on the Platform grouping together information concerning the Film(s) the Rights Holder wants to promote via the Platform and in particular:
- Title of the Film
- Year of Production
- Synopsis of the Film
- Credits: director, screenwriter, productions, distributor, original soundtrack etc.
- Film’s festivals and awards
- Resources and media
- Clips or trailer
All these elements can be modified or completed by the Rights Holder at any time.
A Film Factfile is considered as being completed when all the mandatory fields have been filled in and the video file has been put on-line by the Rights Holder in compliance with the technical characteristics given on the Platform. The status of the Film Factfile appears distinctly in the Personal Space.
All the Film Factfiles are available in the Rights Holder’s Account so as to be viewed.
The Rights Holder can create the Film Factfile in several linguistic versions, as it is indicated on the Platform (including an English and a Spanish version). It is understood that the Platform does not provide any translation of the Film Factfiles or any other information regarding the Rights Holders.
In the absence of foreign versions, the French version will be available, including on the international pages of the Platform. If the Rights Holder has provided a version in the English language, this one will be used for the international pages of the Platform (including for the Spanish version in the absence of a translation in this language provided by the Rights Holder).
6.3 Sharing Film Factfiles
Each Rights Holder can share their Film Factfiles on social media either via Third Services, or via the copy feature of the hypertext link of the Film Factfile.
This sharing can include clips or the trailer of the Film but cannot allow the full screening of the Film.
6.4 Searching Festivals
Rights Holders have a Festivals search tool with various criteria including categories, duration of the films authorized to apply, country etc.
Rights Holders understand that Festivals registered on the Platform only appear in the researches done on the Platform.
The pages of each Festival contain the information on the Festival’s conditions as they have been provided by the Festival (date, category, rules, etc.) and under the sole responsibility of the said Festival.
6.5. Registration of a Film in a Festival
The Rights Holder chooses the Festivals they would like to register their Film(s) in, on the condition that on the one hand the Film corresponds to the technical and artistic criteria of the Festival, and on the other that the registration period of the Festival concerned is open.
It is understood that the registration of a Film in a Festival is limited to one single registration per Film and per edition of the Festival, in observation of the said Festival’s rule.
To submit a Film to a Festival the Rights Holder can send the Festival the duly completed corresponding Film Factfile via the Platform by clicking on “submit”.
The Rights Holder, when validating the registration of a Film in a Festival, certifies that they are aware of the rules of the Festival and accept all the conditions. They understand, notably, that Festivals can ask them to supply further documentation to support the application, and notably a physical copy of the Film(s), that they undertake to supply this, failure to do so the application will not be considered valid by the Festival.
Application to a Festival is subject to:
● Payment using Credits to FilmFest to cover the services fee of the Platform
● Cash payment to the Festival in accordance with its fee, in the conditions detailed in articles 7.3 and 8.1
6.6. Monitoring Film applications and selections
The Rights Holder can consult their Personal Space at any time to see the progress of their Film Factfiles and applications made for their Films in Festivals and possible selection for a Festival.
The Rights Holder can access their Films depending on their status and various filters (Complete Film Factfile, Film selected for a Festival etc.).
The Rights Holder can also access the recap of all their applications sent via the Platform.
When a Festival has finished its selection, the Rights Holder will be notified with the result of its application in accordance with the process detailed hereafter.
6.7 Notification Services
The Rights Holders understand that certain notifications are mandatory and indicated as such on the Platform and specifically:
● Application result notification. It is specified in this regard that only one notification per Festival is sent regardless of the number of Films submitted, and that the notification is activated by the Festival.
● Technical notifications when the encoding of a Film did not go through after the upload of a video file.
It is understood by the Rights Holder that updating of the progress of applications is the sole responsibility of the Festivals and that the Association cannot be held responsible for any inaccuracies in this information.
A specific tab in the Rights Holder’s Personal Space enables subscription to the different optional notification services.
The Rights Holder can unsubscribe from optional notifications at any time.
6.8. Status of on-line content and Films
It is accepted beforehand by the Rights Holders that all content they put on-line and concerning a Film for the Association has been commissioned to promote can be used by the Association as part of its mandate.
It is reminded to Rights Holders that Film Factfiles and files related to the Films put on-line by the Rights Holders on the Platform are available for all Festivals registered on the Platform except for the video file, which is only accessible to Festivals having received an application.
A Festival can stream Films directly on the Platform or can create Playlists to stream the Films via the dedicated Application. It is understood that these video files are only used as part of the pre-selection of Films by Festivals and for the screening of the selected Films in a Festival.
Festivals can also screen Films that are part of a Playlist using the Application. It is understood that the said screening is limited to a use as part of the Festival of the Films actually selected by the Festival. The Films that are not selected by a Festival must not be the subject of any public screening. It is understood that the responsibility of the Association can in no way be held accountable for any screening done by Festivals, as the Association only provides a tool allowing the streaming and the screening of Films.
Downloaded video files are stored on the Association’s servers or any other server of the Association’s choice for a duration of 2 (two) years from the day they are put on-line. At the end of this period the video files of the Film will be removed from the servers, at which point it is up to the Rights Holder to re-post the Film on-line if they wish to continue promoting the Film via the Platform. Removal of the video film does not remove the Film Factfile, which remains available in the Rights Holder’s Personal Space.
Rights Holders understand that the Platform is not a content backup site and that the Association cannot be held responsible for direct or indirect damage suffered by the Rights Holders and/or by third parties due to the loss, alteration and destruction of Rights Holders’ content.
Apart from the adaptations to Films inherent to the technical requirements for sending Films to Festivals, the Platform will make no other modifications or alterations to the Films and more generally documents put on-line by the Rights Holder and will send Festivals these elements as sent by the Rights Holder in the Film Factfile.
Nevertheless, the Platform has the discretion to refuse, suspend or interrupt without prior warning Films and more generally documents present in the Film Factfile in the following cases:
- Failure to observe the present Terms and Conditions
- An injunction from the public authorities
- If a third party makes a request following infringement
- In the case of force majeure
The fact of the Association suspending or interrupting showing on the Platform of all or part of a Rights Holders’ content, in the cases given above, cannot be deemed as failure to execute its obligations as stipulated herein, and cannot give rise to payment of compensation or damages and interest to the benefit of the Rights Holder.
6.9. Cession of rights and guarantees
The Rights Holder, who declares that they hold the necessary rights of the Film(s) to do so, grant the Association and the Festivals non-exclusively for the whole duration of registration on the Platform:
- The right to adapt Films in relation to the technical constraints of the Platform and the Festivals the Films are entered for, for representation and communication on the Films to Festivals concerned by all means on the internet, and in particular by downloading and watching on-line. The Rights Holder accepts on these grounds that the Association can modify the technical characteristics of the Film’s video file while respecting the integrity of the work;
- The right to reproduce, save and store video files of the Films on all hosting servers, with an aim to circulate them to Festivals concerned via the internet.
- The right to present the Films as part of their selection by the Festivals especially on the Platform and via the Application
-The right to screen selected Films for Festivals for their festival’s edition, for the duration of the corresponding Festival, and for which the extent is set up in compliance with the rule of the corresponding Festival.
The Rights Holder is solely responsible for content they save and circulate via the Platform.
The Rights Holder is expressly prohibited from providing content contravening national, community or international laws and regulations in application, or which infringes on intellectual property rights and/or third-party rights, and in general, all content that goes against public decency and public order.
The Rights Holder undertakes, furthermore, to abstain from attempting to mislead third parties by usurping someone else’s name, the trade name or codes of another and to enter, upload and more generally transmit any content containing computer viruses or any other code, file or programme designed to interrupt, destroy, limit or damage in any way the functioning of any software, computer, server, network or telecommunications tool.
The Rights Holder undertakes to guarantee and compensate the Association for any direct or indirect prejudice or costs and any fines that the Association may suffer on account of action taken against them resulting from content and notably scripts and Films that they circulated via the Platform.
The guarantees herein are not exhaustive and must be understood as a reminder, complement or precision of the stipulations of article 15 – Responsibility.
7. USE OF THE PLATFORM BY FESTIVALS
The use of the Platform by Festivals and notably the creation of a Personal Space and access to tools for making an application and the selection of Films can be free of charge or subject to payment of a plan, paid by the Festivals as stipulated in article 8.2 of the Terms and Conditions herein.
The descriptions of free services and subscription packages are accessible on the Platform.
7.1 Account – Personal Space – Creating Members
Festivals have an Account and a Personal Space, that is, a dedicated interface enabling them to use management tools for their editions and calls for entries and to have access to the services detailed hereafter, according to the package they have actually subscribed to.
From their Account, Festivals can create Festival Members either as Administrator or as Programmers who have access to the Festival’s information, according to the authorisations established by the Festival. A list of the Members is accessible and the rights of a Member can be revoked at any time.
The Members with administrator access are in charge of managing the Personal Space of the Festival and can manage calls for applications and communication with Rights Holders. To make Film selection easier Administrators can create customised access for Programmers.
Programmers can use the Festival’s Personal Space within the limits set by the Festival or the Administrator who has given them access to the Platform.
After the Association has received the creation form of the Member, a confidential identifier and password are sent to the Member via e-mail, enabling access to the Personal Space, the Member undertakes not to communicate them with third parties. The Association cannot be held accountable for direct or indirect damage suffered by the users or by third parties resulting from fraudulent access to the Personal Space of the Member following Identifiers being revealed.
Should the Member lose their Identifiers, they can ask the Association to reinitialise them, in which case they will be sent by e-mail to the address given upon the creation of the Member.
7.2 Festival Factfile
Each Festival is required to create a Festival Factfile in order to describe their Festival.
In this context, the Festival indicates in particular:
● The name of the Festival
● The location of the Festival
● The contact information of the Festival
● The invoice address
● The year of creation of the Festival
● The prize list
Festivals understand that certain information is mandatory and determine the creation of a Festival Factfile of the Platform and the use of the Platform’s services.
The Festival can create the Festival Factfile in several linguistic versions, as it is indicated on the Platform (including an English and a Spanish version). It is understood that the Platform does not undertake any translation of the Festival Factfiles or any information related to the Festivals.
In the absence of foreign versions, the French version will be available, including on the international pages of the Platform.
If the Festival has provided a version in the English language, this one will be used for the international pages of the Platform (including for the Spanish version in the absence of a translation in this language provided by the Festival).
It is understood that prior to any on-line publication of a Festival Factfile, the said Factfile has to be approved by the Association.
When a new Festival Factfile is created, it is notified to the Association and submitted to the required verifications (existence of the Festival, verification of the conformity of the information, verification of the conformity of the Festival in accordance with public decency and non-discrimination etc.).
The Association will notify the Festival with the approbation of the Festival Factfile within 2 (two) working days, beyond this period, silence from the Platform will be considered as a tacit refusal on behalf of the Association.
The Association reserves the rights to refuse or cancel at a later date acceptance of a Festival Factfile when the information provided by the Festival is incomplete, false, fraudulent, fanciful, of discriminatory nature or goes against public decency. The Association can also require the Festival to provide documentation to support their claim.
7.3 Creation of an edition and sections
In order to create the edition of a Festival, as well as sections, when necessary, the Festival is required to indicate a certain amount of information and in particular:
● Number and year of the edition
●Dates of the edition
●Title and description of the section
●Date of the opening and closing of call for entries
●Date of notification of results
●Subscription fee, when necessary
●Type or format of Films accepted
Certain information is mandatory and indicated as such. Consequently, an edition or a section is considered complete and available to Rights Holders when all the fields marked as mandatory have been filled out.
7.4. Access to applications
Festivals and Members, depending on their status, receive applications from the Rights Holders and can consult them in their Personal Space.
All Films registered for a Festival have a Film Factfile which can be accessed by anyone who has an access to the Festival’s Personal Space and the corresponding authorization for each Film.
Upon receiving the application of a Film, Festivals have access to the contact information of the Rights Holder, such as referenced in the Film Factfile, and can communicate with the said Right Holder who has submitted the Film.
As part of applications, the video files of the Films submitted to the Festival are made available in two ways:
- Streaming using a video reader making it possible to view the Films directly via the Platform
- Via the creation of a Playlist in the conditions detailed hereafter;
Festivals can consult and use elements sent once the application has been made as long as the corresponding Film Factfile is available on the Site. However, for technical reasons the Platform does not guarantee availability of video files of the Film on line for the full duration of this period. Furthermore, the Platform cannot guarantee the availability of information concerning a Rights Holder or available on a Film Factfile, as a Rights Holder can close their Account or erase a Film Factfile once an application has not been taken up.
Festivals are informed that uploaded video files are stored on the Association’s servers or any other server of the Association’s choice for a duration of 2 (two) years from the day they are put on-line by the Rights Holder.
7.5 Creation of Playlist
The Festival, an Administrator or a Programmer, if necessary, can create Film Playlists to make the streaming easier.
A Playlist can be private or accessible to the Members depending on the choices made during the creation of the Playlist. Nevertheless, it is understood that the Playlists of a Programmer can only be private.
Playlists can be streamed via the dedicated Application on a computer or a mobile device.
The Application can be downloaded from the Platform or the Apple and Android stores for mobile versions.
7.6 Selection of Films
When anyone with access to the Films is viewing a Film, they can write notes and comments on the Film in order to help with the process of selecting for an edition or a section of the Festival. These notes and comments can be private or available to anyone else who has access to the Festival’s Personal Space or to the Films depending on the chosen option.
The Festival indicates through a fill in the box the Films selected for an edition or a section.
Once the selection has been made, the Festival or an Administrator locks the edition or the section. This operation must be done as soon as possible and as soon as the final selection is confirmed. In any case, it must be done before the beginning of the corresponding edition.
Locking the edition or the section activates the notifications sent to Rights Holders letting them know whether their Film has been selected or rejected.
Should the Festival fail to lock the edition or the section, the locking will automatically be done by the Platform on the first day of the corresponding edition and the mention “not disclosed” will appear in the application follow up of all applicants.
Festivals understand and accept that by failing to lock the edition or section on the day the results are expected, the Association will be entitled to refuse the creation of a new edition or section by the Festival.
7.7 Film Search
Festivals having subscribed to the “Premium” package have access to a Film search tool available on the Platform with different criteria.
The pages of each Film contain information on the Film, as referenced by the Rights Holder, under the sole responsibility of the said Rights Holder.
7.8 Screening of Films
Festivals are only allowed to project Films selected for a corresponding edition or section and expressly guarantee not to project Films that were not selected.
The projection authorisation is strictly limited to the edition or the section for which the Film has applied.
The Application allows to create a screening with a selection of Films, an order of screening and the insertion of “intertitles”.
However, it is understood that the Application must only be used for public screenings for Festivals or specific venues lacking the technical capacities to show real screening copies in DCP.
The Application is an alternative and must not be a screening standard.
Consequently, Festivals undertake to only use the Application when unable to organize a DCP format screening and to try its best to allow such screenings.
7.9 Services of Notifications
Festivals understand that certain notifications are mandatory and indicated as such on the Platform, and in particular:
°Reminder so as to lock an edition on the selection’s release date
°Reminder so as to lock an edition 7 days after the selection’s release date
°Reminder so as to lock and edition 30 days prior the edition’s opening date
°Reminder so as to lock an edition 15 days prior the edition’s opening date
A specific tab in the Member’s Personal Space enables a subscription to the different optional notification services.
The Member can unsubscribe from optional notifications at any time.
7.10 Email Marketing
Depending on the subscription package chosen and paid for, Festivals can benefit from one or several email campaigns to the Rights Holders registered on the Platform, to remind them for example that their call for entries is closing, or any other information of their choice.
7.11 Training Programme
Training programmes around the FilmFest tool are regularly offered via videoconferences, in French or in English.
7.12 Monitoring Editions
A Festival or an Administrator can consult their Personal Space at any time to see the progress of the applications for an edition or a section of the Festival.
The Festival or the Administrator can access the list of Films that were submitted depending on their status and various filters.
The Festival or the Administrator can also access the recap of all the previous editions organised via the Platform for which they will have subscribed to a package offering the archiving of the edition as well as statistics tools, depending on the chosen subscription package.
Without specific written agreement from the Association, Festivals understand that use of Film Factfiles and videos of Films is strictly limited to viewing as part of the creation of the selection of the Festival and to the Festival screening in the conditions detailed in these Terms and Conditions (article 7.8) and that in no case can they exploit them for other purposes without the agreement of the Rights Holder for said exploitation. Festivals guarantee that the content supplied to them, be it elements contained in the Film Factfiles or Film video files, cannot be transmitted to third parties or shown in the presence of third parties. Festivals also undertake not to use Rights Holders’ contact information outside the framework of the activity of the Festival.
Festivals undertake to guarantee and compensate the Association for any direct or indirect costs and prejudice they may be subject to, as for any fines which the Association could suffer on the account of an action taken by a third party and more particularly by a Rights Holder resulting from unauthorised use of content and in particular information and Films available on the Platform.
The guarantees herein are not exhaustive and must be understood as a reminder, complement or precision of the stipulations of article 15 – Responsibility.
8. PRICES AND CONDITIONS OF PAYMENT
8.1 Conditions of payment by Rights Holders
Transactions of Rights Holders can be done via payment by Credits.
Should the purchase of a service be validated or the submission of a Film be accepted by a Festival the corresponding credit will be debited from the Rights Holder’s account.
The Rights Holders’ Credits can be topped up directly on the Platform by going to the “My Account” tab and a receipt is made available on the Rights Holder’s account for any payments made.
The unit price or price by multiples is given on the Platform on purchase or on the Platform’s price scale, on the understanding that the Association reserves the right to change at any time the cost of credits, notably for occasional promotional offers.
All payments for purchasing credits are to be made by Visa or Mastercard, on the secure platform of Stripe or via PayPal.
In compliance with the law in application the Rights Holder has a period of fourteen days (14) from each purchase of one or more unused credits during this period to retract without justification or penalties. In this case they should contact the customer service department whose details are given in article 15.
Certain Festivals can ask for the subscription fee to be directly paid to the Festival. If necessary, the payments for the subscription to a Festival are to be made by Visa or Mastercard, on the secure platform of Stripe or via PayPal, depending on the choice made by the Festival.
Following each order from a Rights Holder, an order recap is provided, indicating the number of corresponding credits as well as, if necessary, the subscription fee to be paid in cash.
8.2 Payment of subscription packages by Festivals
The applicable fees for services dedicated to Festivals are available on the Platform upon the purchase of a package or in the price list of the Platform, on the understanding that the Association reserves the right to change at any time the applied fees, notably as part of occasional promotional offers.
The Association reserves the right to change the price of packages at any time, the new tariff being applied to the Festival should they purchase a new package.
All payments for the subscription of a package are to be made by Visa or Mastercard, on the secure platform of Stripe or via PayPal.
Unless stated otherwise during the subscription of a package, the packages are concluded for any creation of an edition, as of the day of subscription and until the end date of the corresponding edition such as indicated during the package subscription.
A package is finalised for one edition, and its features are detailed during the package subscription.
It is understood that a Festival can choose to increase the price of its subscriptions through its Account.
Festivals have access to all the invoices in connection to their use and can download the said invoices in PDF format.
9. TECHNICAL CHARACTERISTICS
9.1 Optimum configuration
The Platform and the Services it offers are accessible with the technical configuration(s) given below:
Before accessing the Platform, it is the User’s responsibility to check that their computer has the minimum technical configuration given above.
Users are informed that any changes to the configuration of their hardware and/or software can lead to downgraded use or impossibility to use the Service. Similarly, Users understand that the Platform can undergo modifications and/or updates which can change the required configuration for optimum access. The Association cannot be held responsible for the fact that Users cannot use the service because they do not have the required configuration to access the Platform.
The Association can in no way be held accountable for any damage suffered by the User if this damage is caused by technical incompatibility between the User’s equipment and the Platform’s.
Users possess the skills, hardware and software required to use the internet. They recognise that the characteristics and constraints of the internet make it impossible to guarantee the availability, security and integrity of data transmissions over the internet. The Association cannot guarantee that the Platform will operate without interruption and without failures. Operation of the Platform may be interrupted for maintenance, updating or technical improvement, or to develop the content and/or presentation.
The Association cannot guarantee Users that use of the Platform will correspond to their needs, or that the Platform can be uninterrupted, fast, secure or error-free.
The Association cannot be held responsible for failures, impossibility to access or poor operating conditions of the Platform due to unsuitable equipment, problems with the User’s access provider, a busy internet network and/or any other reason beyond the control of the Association. The Association can in no way be held responsible for indirect damage and notably loss of data (including copies) suffered or recordings that the User could not perform. The Association reserves the right to change or modify the Platform at any time. These modifications will come into application when they are put on line.
9.2. Format of Film video files
To be made available to Festivals, video files generated by the Platform are encoded in MP4 with a picture definition of 720p (or any other format required by the Platform). Festivals should have the hardware and the software required to store and read these file formats.
The Association can in no way be held responsible for any damage suffered by the User if this damage is due to technical incompatibility between the User’s equipment and the video files.
10.1. The Association undertakes to respect personal data sent by Users and abides strictly by laws in application on the protection of privacy and individual liberty, resulting notably from the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation - GDPR).
10.2. The Association undertakes to respect the rights of Users with regards to the access of data, their modification and deletion. In accordance with this, Users can at any time access their personal data and have them rectified, clarified, updated or deleted. To do so, Users can log in their Personal Space and proceed by themselves to the modifications wanted.
10.3. Users also have the right to receive personal data provided to the Association, in a structured format, commonly used and readable by a machine, and have the right to share this data to any third party. Any request in this sense must be made to the Association to the following address: email@example.com
10.4. More generally, Users understand that their personal data are stored as long as their Account is open and as long as necessary to provide Services. The authorisation of Members must be requested by the Festival which is solely responsible.
10.5. Finally, Users have the right to contest at any time, for reasons with regard to their personal situation, the processing of their personal data. However, they understand that doing so can generate dysfunctions of the Service.
10.6. The Association treats all information provided by Users concerning registration and use of the Account and the Services confidentially.
10.7. The Association abides by suitable measures and conform to the standards of the industry to protect Users’ personal data. However, no transfer method on the internet, or method of electronic storage is 100% secure. The Association shall notify any violation of personal data to the CNIL, competent control authority, and Users in application of articles 33 and 34 of the GDPR.
10.8. All personal data is reserved for the sole use of the Association as part of its activities on the Platform, and within the limits of the agreement form provided to Users however, Users are informed that this information can be communicated by the Association in application of a legal or regulatory obligation or a decision of an administrative, judicial or regulatory body.
10.9. The Association can use personal data to:
° Verify, manage and update the Account of Users;
° Communicate with Users as part of the Services;
° Advise Users and communicate information regarding the Association and the Services as well as all the products of the Association by e-mail, mail, telephone or text;
° Update the technical specifications of Services or designate a subcontractor to do so;
° Abide by the legal and regulatory standards.
10.10. In Application of article 22 of the GDPR, the Association keeps a record of processing activities available to Visitors and Users by contacting the Association.
10.11. When legally required, in case personal data is shared with subcontractors within the framework of the present agreement, the Association establishes a specific agreement in conformity with the provisions of the GDPR stating the standard clauses for the transfer of personal data to third countries where the subcontractors are located.
11. GUARANTEES OF THE PLATFORM
11.2. However, because of the very nature of the Internet, Users accept that the Association cannot ensure an operation of Services running 24/7, nor an optimum operation of Services with all existing or future computing configurations.
11.3. Furthermore, to ensure quality of service, the Association reserves periods which although as limited as possible in both number and duration could lead to an interruption in access to the Platform and the Services for maintenance, updating or technical activities. Any resulting unavailability of the Platform or Services can in no way be perceived as a failure of the Association to fulfil its obligations.
11.4. Finally, the role of the Association being limited to providing access to the Platform and its Services and the bringing into contact Rights Holders and Festivals, it is expressly understood by Users that the Association takes no part in any agreements made between the Users and any persons or Third Parties brought together through the Platform. The responsibility of the Association can in no way be held accountable for the completion of such agreements.
11.5. The Association provides no other guarantees than those stipulated in the present Terms and Conditions.
12.1. For efficient use of the Platform cookies may be used during navigation on the Platform. Users accept the implantation of a cookie in their computers, designed to record information on navigation on the site with a view to facilitating navigation on the site by memorising certain parameters unique to each User.
12.2. Users are reminded that cookies are data which contain no personal information and will in no case be used by the Association for commercial purposes.
12.4 Users understand however that this could prevent or limit execution of certain functions on the Platform.
13. INTELLECTUAL PROPERTY
13.1. All content, and more generally all elements (and notably, but not exhaustively, denominations, commercial names, brand names, images of all types, logos, etc.) accessible in the context of the Service remain the exclusive property of the respective owners, and are protected individually, if needs be, by legislation on authors’ rights and international conventions in application.
13.2. The Association holds all intellectual property rights covering the services and the Platform. Any reproduction, in whole or in part, modification and/or use of all or part of the content of the Platform (notably brand names, commercial names, images, sounds, graphics) for whatever reason and on whatever medium, without the prior written agreement of the Association is strictly prohibited.
14. DURATION OF REMOVAL AND CANCELLATION OF THE ACCOUNT
14.1. Rights Holders Accounts
Registration of a Rights Holder to the Service proposed by the Platform is concluded for an indeterminate period.
The Rights Holder can at any time ask for their Account to be closed by email or by letter sent to the Association at the address given in article 15 herein.
The Rights Holder understands nevertheless that cancellation of the account cannot be performed if at least one of their Films is submitted to at least one Festival. Should this be the case, the cancellation of the account can take place once the Festival has finalised their programme and if the Film has been selected by a Festival solely within a period of 30 (thirty) days following the holding of the said Festival, the Rights Holder undertakes however to continue with their submission and present their Film during the Festival which has chosen in and this in good faith and in observance of the rules of the Festival.
14.2 Festival Accounts
Registration of a Rights Holder to the Service proposed by the Platform is concluded for an indeterminate period.
The Festival can at any time ask for their Account to be closed by email or by letter sent to the Association at the address given in article 15 herein.
The Cancellation of the Account of a Festival generates automatically the cancellation of the Personal Spaces of its Members.
It is nevertheless understood that if a Festival has a subscription, any payment made for the year remains paid to the Association and cannot under any circumstances be reimbursed.
Furthermore, the Festival understands that the cancellation of its Account shall not be considered from the moment a call for entries has been initiated. If necessary, the cancellation of the Account will be effective after the submissions are over and the results have been announced. The Festival undertakes to follow up on the Rights Holders applications by notifying them their refusal or selection, if necessary, and this in good faith.
14.3. User Accounts
The Association reserves the right to remove a User account in the case of:
- acts contravening the stipulations of the Code of Intellectual Property and more generally applicable legislation in application
- failure of the user to respect any of their obligations in relation to the Terms and Conditions herein
15. CUSTOMER SERVICES AND TECHNICAL SUPPORT
15.1 For further information or complaints, the Association has a customer services department whose contact details are as follows:
- Address: L’Agence du court métrage, 77 rue des Cévennes 75015 Paris
- Email: firstname.lastname@example.org
- Telephone: +33 (1) 44 69 26 60
15.2 For any technical difficulties concerning use of the Platform Users can contact the technical department:
- Email: email@example.com
- Telephone: +33 (1) 44 69 26 60 15
16. RESPONSIBILITY OF THE PLATFORM
16.1 Quality of the host
Users understand that they alone are responsible for the content they put on the Platform. The Platform is responsible for respecting the inherent obligations of a data host.
In no case can the Platform, its employees, managers or agents be held responsible for (i) direct, indirect, moral or material prejudice resulting from the infringement of the rights of a third party by the User, (ii) damages concerning property rights, (iii) resulting from an interruption in connection to the Platform or resulting from any error, delay, failure, removal or addition or any technical problem relating to the Platform being updated or not.
The Platform may include links to Third Party Sites and Services but is not responsible for information, products, services, techniques and functions proposed by Third Parties. The Platform gives no guarantee to Users as to their use of Third Party Services, they do so at their own risk.
Furthermore, the Platform is a simple content host and has no general or special obligation to monitor content put on-line by Users. The Platform does not select, acquire, distribute, licence, preview or approve content put on-line by Users and does not guarantee the legality and the provenance of content and their posting on-line. Users a solely responsible for the content put on-line as they are for any document or information that they transmit to other Users and must ensure that the content and its posting on-line observe all laws in application and do not infringe the rights of third parties.
The only obligations inherent to the Platform as a host concern (i) the establishment of a procedure for removal litigious content as provided herein, (ii) the conservation of your connection data, which is treated confidentially and in observance of the legal instruments in application in terms of personal data and (iii) removal within 48 hours of any manifestly illicit material, once the Platform has become aware of it through a notification in observance of directive 2000/31/CE of 8 June 2000 and article 6 of Law n° 2004-575 of 21 June 2004.
Users declare, guarantee and commit to the following: (i) that they are the owners of the content they put on the Platform or otherwise have the right to do so, (ii) that the publication of the content put on line does not violate any laws in application, including, but not limited to, laws concerning the right to respect of intellectual property, image rights, authors’ rights, consumers’, contract rights, or any other rights relating to another person or entity. Users commit in this sense to pay any taxes, authors’ rights and other sums due to any other person or entity for content put on line on the Platform, (iii) the content put on line on the Platform does not create a risk for the health and safety of Users or national security, (iv) content put on-line will not promote illegal products such as drugs, stolen goods, propaganda.
Users understand that all content contravening laws and regulations in application, of national, community and international effect, or infringing intellectual property and/or third party rights, and generally all content contrary to decency and the rules of Public Order.
Users accept to compensate Association and release it from any liability, as well as its subsidiaries and affiliates and all respective managers, agents, partners and employees in the case of loss, liability, claims or demand (including legal costs) suffered by the Association and emanating from a third party on account of their use of the Platform in violation of the Terms and Conditions herein, and/or the inaccuracy of declarations and guarantees issued in the context of the document herein and/or any content put on-line by them.
16.2. Procedure for removing content
In accordance with the legal measures in application, the Platform undertakes to remove content put on-line illicitly within a reasonable time-frame, and makes available to rights owners the following removal procedures:
Any person who feels their rights have been infringed must:
a) Bring proof of ownership of the rights or those of their principal, if the litigious content is protected by a right of intellectual property or personality rights and if applicable a mandate from the rights owner;
b) Identify precisely the litigious content;
c) Provide their identity and full contact details;
By sending notification by mail to the following address: L’Agence du court métrage, 77 rue des Cévennes, 75015 Paris
It is understood that such a notification must contain, in application of article 6.1.5 of Law n°2004-575 of 21 June 2004 on confidence in the digital economy:
a) The date of notification;
b) If the notifier is a physical person: their full name, profession, place of residence, nationality, date and place of birth or if the notifier is a moral person: their legal form, corporate name, head office and person or body legally representing them;
c) The names and domicile of the addressee, or if they are a moral person, their corporate name and head office;
d) The description of the litigious material and its precise location;
e) The reasons for which the content must be withdrawn, including the legal measures and the justification of the facts;
f) A copy of correspondence sent to the author or publisher of the litigious information or activities demanding cease and desist, removal or modification, or justification that the author or publisher could not be contacted;
g) Proof of ownership of the rights or those of their principal, it the litigious content is protected by intellectual property rights or personality rights, and if applicable a mandate from the rights owner.
The Platform reserves the right to discontinue requests for removal which are incomplete or unfounded.
17. FORCE MAJEURE
17.1. It is understood that in no case can the Parties be held liable if the execution of their obligations is delayed or prevented for reasons of force majeure or unforeseeable events, because of the other Party or a Third Party or external causes such as strikes, intervention of the civil or military authorities, natural disasters, fire, flooding, poor operation or interruption of telecommunications networks.
17.2. More particularly it is understood by Users that the Association cannot be held responsible for and dysfunction or any interruption in the availability of the Service resulting from a case of force majeure or for any damage which could result from the said dysfunctions and interruptions.
18.1. The present Terms and Conditions represent the entirety of the undertakings of the Parties, without prejudicing however later modifications brought by the Association within the limits stipulated in article 19 below.
18.2. In the hypothesis whereby one of the measures provided for in these Terms and Conditions is declared invalid or unopposable on account of a present or future legal or regulatory provision, or a decision of justice by a jurisdiction or an authority holding competency in the res judicata, this clause shall be deemed worthless. The Association reserves the possibility to replace it in a new drafting of the Terms and Conditions by a valid provision with the closest possible scope. It is understood that in all cases that all other provisions shall remain applicable without changes.
19. MODIFICATION OF THE TERMS AND CONDITIONS
19.1. The Association reserves the right to adapt or modify at any time these Terms and Conditions on the condition they inform the Users. These modifications will be immediately applicable once they have been made available to Users.
19.2. For all modifications the Association will inform Users of the modification of the Terms and Conditions on the home page of the Platform, by message, by e-mail, or by any other more suitable method. The Terms and Conditions are also available on the footer under the heading “Terms and Conditions of Sale and Use”.
19.3. If Users continue to use the Platform after modification of the Terms and Conditions, they are deemed to accept either explicitly or tacitly the modifications of the Terms and Conditions. If Users disagree with the Terms and Conditions, they must stop using the Platform immediately and can, if they wish, cancel their Account in application with the present Terms and Conditions.
20. TOLERANCE – NON-WAIVER
20.1. The fact that the Association does not claim the application of any provision of these Terms and Conditions or tolerates its temporary or permanent non-fulfilment will in no case be interpreted as a waiver by the Association to dispense the rights held in accordance with the Terms and Conditions.
20.2. Also, the fact that the Association tolerates a non-fulfilment or an imperfect fulfilment of the Terms and Conditions or more generally tolerates any act, abstention or omission from the other Party non-compliant with the Terms and Conditions will not confer any right to the Party which benefits from such tolerance.
21. PRESERVATION OF PROOF
The Association will archive the invoices issued in application of the present Terms and Conditions on a reliable and lasting media making a truthful copy. The digitized records of the Association will be considered by the Parties as proof of communications, orders, payments and transactions between the Parties.
The Terms and Conditions herein are drafted in French, any translation of these Terms and Conditions are provided as a courtesy towards Users. For any dispute arising from the execution of these Terms and Conditions the French version will prevail.
23. APPLICABLE LAW AND ATTRIBUTION OF COMPETENCE
In case of dispute between the Parties, the attribution of jurisdiction is done by the competent courts of Paris, the place of execution of the convention herein, the applicable law being French law.