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 PURPOSE
These General Terms of Use specify all the terms of use of the Short
Film Depot Service (hereafter “SFD Service”) for
submitting short films to multiple festivals, offered by the Association
Sauve Qui Peut le Court Métrage (hereafter “SQP”)
of La jetée, 6 place Michel-de-l’Hospital 63058 Clermont-Ferrand
on the www.shortfilmdepot.com web site (hereafter the “Site”).
The User, in the sense employed herein, means a person having completed
all the registration formalities detailed in article 3 herein.
By registering on the Site and using the functionalities of the SDF
Service, Users agree unconditionally to the present General Terms
of Use.
DESCRIPTION
OF THE SERVICE
The SFD Service is a range of functionalities accessible on the Site
that allow Users to submit “short film” type audiovisual
creations, hereinafter called “films”, for national and
foreign short film festivals that subscribe to the SFD Service. The
Service also allows users to track the processing of their submissions.
The SFD Service thus allows users to create an SFD Account, log on
and access their Account at any time from a computer with an Internet
connection, and enter the details of one or more films (technical
details, cast and crew, contacts, photo, dialogue, career etc.) on
a single film registration form for one or more short film Festivals
that have signed up to the SFD Service.
This Service is free and available to all (directors, producers, distributors,
organizations, schools etc), subject to completing all the registration
formalities as stipulated in article 3 herein.
REGISTRATION
Conditions
Registration for the Service is free, provided an SDF Account has
been created on the Site and these General Terms of Use have been
agreed to.
The User may be a legal entity or a private individual aged at least
18 having the legal capacity or parental authority to register on
and use the SFD Service.
When creating their SFD Account, Users undertake to provide accurate
and genuine personal particulars; they also undertake to check their
particulars on a regular basis and make any necessary changes online
via their SFD Account.
SQP reserves the right at its discretion to refuse, or subsequently
cancel, a User’s registration if the particulars provided are
found to be inaccurate.
Personal identification data
Users are assigned a confidential user-ID and password (personal ID),
which are randomly generated and forwarded to them by e-mail on completion
of the registration process.
The Personal identification data enables Users to access the Service
and manage the film registration forms they have generated on their
SFD Account at their leisure.
The Personal identification data is personal, confidential and non-transferable.
Under these terms, Users undertake not to disclose it to third parties
SQP shall not be held liable for any damage to property or consequential
losses suffered by Users or third parties as a result of fraudulent
access to Users’ SFD Accounts subsequent to disclosure of their
particulars.
In particular, SQP shall not be held liable for any damage to property
or consequential losses suffered because of unauthorised access by
third parties to Users’ Accounts via the Service, when said
fraudulent access was gained by entering their Personal identification
data.
OPERATION
OF SERVICES
The SFD Service allows Users to create an SFD Account, log on and
access their account at any time from a computer connected to the
Internet, and enter the details of one or more films (technical details,
cast and crew, contacts, photo, dialogue, career etc.) on a single
film registration form for short film Festivals that have signed up
to the SFD Service.
Users may at any time select the Festivals they want to submit their
films to, provided they submit by the closing date fixed for submissions
by each of the Festivals, and within the limit of a single submission
per film to the same Festival.
Users are regularly notified and reminded by e-mail of the opening
and closing dates of all new registration periods for Festivals subscribing
to the SFD Service.
The Service allows Users to track at any time the progress of their
film submissions to Festivals subscribing to the SFD Service, from
the time of submission to confirmation thereof by a Festival on receipt
of the preview copy.
However, the Festivals subscribing to the SFD Service alone are responsible
for updating registration tracking information, and SQP cannot be
held liable for any inaccuracies in the said information.
Users will where necessary receive e-mail requests for documents and
particulars supplementing their submission request from each of the
Festivals concerned.
Users may at any time edit or update the particulars of the films
they have registered using the Service.
All the information Users enter on their SFD Account and single registration
form is hosted and archived for the duration of their membership of
the SFD Service on SQP’s computer servers, which are protected
by security solutions prevent suited to new dangers of intrusion and
risks of loss of data.
SQP draws Users’ attention to the fact that the SFD Service
is not a data repository for their Content; all the particulars on
their SFD Account and single registration form will automatically
be deleted by SQP on the expiry date of their SFD Service Membership.
SQP shall on no account be liable for damage to property or consequential
losses suffered by Users and/or by third parties, due to alteration
or destruction of Users’ Content.
Users undertake to use the Service fairly and honestly, in accordance
with its intended purpose, for their own needs, and will not conduct
trade or business with third parties.
They shall comply with the technical characteristics governing the
information they need to provide to submit their films to Festivals
subscribing to the SFD Service.
The said technical characteristics can be viewed at any time in the
Site’s FAQ section, SQP being free to modify them at its own
discretion at any time without prior notice.
Users alone are responsible for the Content they register on and showcase
through the SFD Service.
The term “Content” as used herein covers all particulars,
data, texts, comments, contact details, software, music, sounds, photographs,
images, videos, messages or any other material registered and showcased
by the User through the Site and the SFD Service.
The following are expressly prohibited in all instances, any Content
contravening any current laws or regulations, whether of national,
EC or international scope, as applicable, or breaching intellectual
property rights or third parties’ rights, and more broadly,
contrary to common law or the general interest.
Furthermore, Users must not:
try to mislead other users by usurping another’s name, corporate
name or access codes and more specifically by passing themselves off
as an employee or associate of SQP;
enter, download or send any Content including a computer virus or
any other code, file or program designed to interrupt, destroy, limit
or adversely affect the functionality of any software, computer, server,
network or telecommunication medium, this list being indicative and
not limiting.
SQP makes no changes or alterations to the Content showcased through
the Service and forwards all such Content to Festivals as it was when
supplied by the User, provided it meets the technical requirements
of the SFD Service.
SQP reserves the right at its discretion however to refuse, suspend
or interrupt without prior notice the showcasing of Contents in the
following instances:
in the event of non-compliance with the prohibitions as in article
4.6, and more broadly in the event of breach of the terms hereof,
in the event of injunction by the authorities,
if a third party claiming to be wronged so requests,
in the event of force majeure.
The act by SQP of suspending or interrupting showcasing on the Site
of all or part of Contents, in the instances detailed above shall
not be deemed as non-fulfilment of its obligations hereunder, and
shall not entitle payment of any damages to the benefit of Users.
SQP shall not be held liable for any harm whatsoever that results
from Contents, or from any use that may be made by third parties.
Users undertake to guarantee, compensate and relieve SQP in respect
of any costs or property damage or consequential losses, or for any
penalties that SQP may suffer because of an action taken by a third
party against it resulting from Contents that it showcased by means
of the SFD Service.
GUARANTEES
SQP is duty-bound to take due care as regards Users and Guests in
providing the SFD Service. Under those conditions it undertakes to
employ all necessary means to operate the Service in the best conditions
of transit time, capacity and permanence.
However, because of the very nature of the internet, SQP cannot guarantee:
that the Service will operate 24 hours a day or 7 days a week;
that the SFD Service will run correctly with all existing or future
computer configurations.
In order to provide a quality service, SQP reserves periods for maintenance,
updates and technical work, that may result in breaks in access to
the Service.
SQP undertakes to limit the number and length of interruptions of
service, but in all instances, any non-availability of services that
result shall not be deemed periods in which SQP is not fulfilling
its obligations.
SQP grants access to the Site and the SFD Service “as is”.
As a result, it cannot guarantee that they fully meet Users’
expectations, nor can it guarantee that any errors, defects or malfunctions
subsequently arising will be corrected or modified.
SQP provides no guarantees other than those stipulated herein.
Without infringing its legal obligations, SQP cannot be held liable
for any direct or indirect damage arising from (i) the use, or conversely
the impossibility of using, the Site, its functionalities, the information
or content stored on it, (ii) any breach of these terms of use, (iii)
unauthorized access to the Site by a User, (iv) the conduct of any
third party on the Site and (v) any other questions in connection
with the Site.
RELATIONS
WITH FESTIVALS
The Festivals subscribing to the SFD Service are subject to these
terms of use and enter into a user’s agreement with SQP.
With a view to offering Users the best possible professional practices,
all new festivals must take cognizance of the festivals code of ethics
recommended by the International Short Film Conference.
SQP is not party to any agreements reached between the User, the Festivals
subscribing to the SFD Service, and any persons with whom the User
may have been put in contact through the Site and the SFD Service,
SQP’s role being limited to the provision of the Site and the
SFD Service and to putting Users in contact with the said Festivals.
SQP is in no way liable for the due performance of such agreements
on the basis of these terms.
TERM
AND TERMINATION
The User’s Membership of the Service is valid for an indeterminate
period.
Users retain the right to end their Membership of the SFD Service
at any time, by application to close their SFD account sent by post
to SQP at the following address:
Association Sauve Qui Peut le Court Métrage, La Jetée,
6 place Michel-de-L’Hospital 63058 Clermont-Ferrand Cedex 1
– France.
In the event of a breach by either Party of obligations under the
present agreement, not remedied within a period of 15 calendar days
from receipt of an e-mail notifying the breach in question, the other
Party may terminate the present contract as of right, without affecting
any damages it may claim by virtue hereof.
SQP furthermore reserves the right to terminate the Short Film Depot
offer at any time on a temporary or permanent basis.
In that case, the User’s membership will automatically be terminated.
In instances where Users do not update in their SFD account, their
e-mail address has become out of date for any reason whatsoever, or
if e-mails no longer arrive at the address given, Users’ Membership
will be terminated in the 90 days from when the error was first noticed.
In all instances of termination of Users’ Membership, their
Contents will be deleted from the SFD Service.
Personal data concerning Users will be kept by SQP for a period of
three (3) months from the date of termination, for administrative
purposes. The data will then be permanently deleted from SQP’s
servers.
INTELLECTUAL
PROPERTY RIGHTS
Any data of any kind whatsoever, and in particular text, graphics,
logos, icons, images, films, audio or video clips, trademarks or programs
characteristic of the Site appearing on the Site are necessarily protected
by copyright, trademark law and any other intellectual property rights,
and belong to SQP or to third parties that have authorised SQP to
use them.
SQP, as Publisher of the Site, grants Users a private, non-collective,
non-exclusive right to use said contents.
Under these conditions, Users undertake not to reproduce, abridge,
amend, alter or redistribute, without the Publisher’s express
prior authority, any text, title, application, program, logo, image,
film, audio or video clip, house style, trademark, information or
illustration, for any use other than strictly private, which excludes
any representation for business purposes or redistribution of copies.
Likewise, Users undertake not to copy all or part of the Site to another
site or corporate intranet.
Users grant SQP the rights to reproduce, represent and showcase on
the Site their Contents, in accordance with the time and showcasing
settings they selected.
Users state that they hold all copyrights, intellectual property rights
and rights of all other kinds, or authorisations necessary to transfer
and showcase Contents that they showcase by means of the SFD Service.
Users guarantee SQP against any breach of copyright action relating
to Contents and consequently undertake to guarantee, compensate and
relieve SQP for any costs and property damage or consequential losses,
and for any penalties that SQP may suffer from a breach of copyright
action instituted against it by a third party resulting from Content
that it showcased by means of the SFD Service.
SQP undertakes not to abridge, modify or alter, without the User’s
prior authorisation, Contents showcased by means of the Service, without
however waiving the right to delete Contents as detailed in article
4.7 hereof.
DATABASE
The whole of the Site, as well as Contents published and showcased
on it, and their means of consultation, constitute the Site’s
Databases.
Those Databases are the exclusive property of SQP, and are protected
by the provisions of France’s Intellectual Property Act and
international copyright law, and by the provisions of the 11 March
1996 European Directive on the legal protection of Databases.
Under these conditions, Users undertake to use that data solely in
the context of consulting and using the Site and SFD Service, and
in particular will not reproduce, translate, adapt, arrange, transform,
disclose, represent or showcase, permanently or temporarily, by any
means or in any form whatsoever all or part of data held in those
bases, other than in those instances given in paragraph 8.1 hereof.
Furthermore, SQP, in its capacity as creator of Databases, prohibits
the extraction and reuse of all or part of their content in any way
whatsoever, without its prior, express authorisation.
DATA
PRIVACY
Under the provisions of France’s 6 January 1978 law no. 78-17
on data privacy and personal freedoms, and the decision of the CNIL
(France’s Data Protection Agency) of 10 July 2006 to lift the
obligation to declare an Internet site in favour of the procedure
requiring disclosure of the processes associated with the said site,
SQP’s customer/prospects file has been filed with the CNIL (simplified
standard no. 48).
Thus in accordance with the provisions of the above 6 January 1978
law, Users have the right to access their personal data, and the right
to inspect, change, rectify and delete it.
To exercise these rights, Users should connect to their SFD account,
or send a letter by post to the following address:
Association Sauve Qui Peut le Court Métrage, La Jetée,
6 place Michel-de-l’Hospital, 63058 Clermont-Ferrand Cedex 1,
France.
Personal data on Users, obtained by means of forms, and any future
information, is intended for the exclusive use of SQP and the member
festivals who use the SFD Service, in the context of operating the
services offered to Users, and may be passed on to SQP’s official
partners in the artistic branch of short films.
SQP keeps personal data on Users on its own servers and undertakes
to keep personal data obtained strictly confidential.
FORCE
MAJEURE
Neither of the Parties shall be held liable if performance of the
present Contract is delayed or prevented due to force majeure or an
act of God, affecting the other party or a third party, or for external
reasons such as labour disputes, the involvement of civil or military
authorities, natural disasters, fire, water damage, malfunction or
interruption of telecommunication systems or electricity supply.
Force majeure includes any event beyond the control of the Party affected,
of an unforeseeable, overwhelming, insurmountable nature, that prevents
either Party from fulfilling all or part of its obligations under
the present Contract.
In all instances, the Party prevented will do everything within its
power to limit the length and effects of the force majeure, act of
God or external causes.
If the event should last for a period of more than two months, the
present Contract will be terminated as of right.
MISCELLANEOUS
The present Terms express all obligations of SQP and its Users.
All new functionalities and features that enhance or supplement all
or part of the Site and the SFD Service will be subject to the present
Terms.
SQP reserves the right to alter the terms hereof unilaterally.
New clauses will govern for the future all relations between the parties,
and only the new version shall bind them, the conditions applicable
still being those accessible on-line on the Site.
Users are thus invited to regularly refer to the latest version of
the General Terms of Use which are always available via the “General
Terms of Use” link on the SFD Service.
In instances where one of the provisions in the present Terms is ruled
null and void by virtue of a provision in a present or future law
or regulation, or a non-appealable official decision or court ruling
by a competent jurisdiction or body, the provision in the contract
will then be deemed not to exist, all other provisions in the present
Terms remaining binding on the Parties.
The fact that either one of the Parties does not at any given time
enforce any one of the provisions in the present General Terms, it
shall not be deemed to have waived any rights that it holds hereunder
APPLICABLE
LAW AND COMPETENT JURISDICTION
The present General Terms of Use are subject to French law, and only
the version in French has the force of law for their interpretation.
If any disputes arise from the performance or interpretation of provisions
in the present contract, the parties shall meet and try to find an
amicable solution to their dispute, before putting the matter before
the competent jurisdiction.
In the event of disagreement persisting, only French courts shall
be competent to rule on the dispute. |
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