GENERAL CONDITIONS APPLICABLE TO ACCESS TO THE WEBSITE MYFRENCHFILMFESTIVAL.COM AND UTILISATION OF ITS SERVICES
Article 1: Organisation
Unifrance is holding, with a view to promoting French cinema abroad, a dematerialised French film festival entitled MyFrenchFilmFestival.com (hereinbelow referred to as "the Festival").
This on-line Festival, accessible via the website http://www.myfrenchfilmfestival.com , published by Unifrance, consists of an official competition between 10 feature films as well as 10 short films, and the screening of films out-of-competition (3 films at the most according to the territory) (these films being hereinbelow referred to as, together or individually, "the Films").
Four different prizes are in competition: the "Filmmaker Award", "Audience Award", "Social Networks Award "and "International Press Award", each prize being attributed to one feature film and one short, with the exception of the "Jury Award", attributed solely to a feature film.
The present General Conditions apply to any person (hereinbelow "the User") in whatever country he might be (subject to the territories which Unifrance reserves to geoblock for legal reasons) who visit the website http://www.myfrenchfilmfestival.com and/or use the proposed services and notably the visualisation service of the Films.
The User can also, free of charge and if he so wishes, score the films with a view toward the attribution of the "Audience Award" awarded to a feature film as well as a short. The scoring of the films shall be available to all Internet users, whether they have bought the Films or not.
The present General Conditions are applicable for the entire duration of their availability on the website http://www.myfrenchfilmfestival.com . Unifrance reserves the right to unilaterally modify them.
The address and phone number of the publisher of the website http://www.myfrenchfilmfestival.com are as follows:
Unifrance Film International, Association Law 1901
13, rue Henner
Phone: +33 22.214.171.124.80
Article 2: Inscription and opening of an account on www.myfrenchfilmfestival.com
The User must have completely filled out the inscription application which constitutes an essential condition for the opening of his account.
Any incomplete or poorly or fraudulently filled out application shall be considered as cancelled and rejected, and the order not accepted.
The User shall receive an email at the electronic address which he has provided, confirming to him the opening of his account and communicating to him his password and more generally those elements enabling him to identify himself when using the services proposed on the website http://www.myfrenchfilmfestival.com . Due to their personal and confidential character, the User undertakes to keep secret and not divulge these elements.
The User can moreover ask (via the application foreseen for this purpose) to have his password reset, enabling him to connect to the website and access his account.
By the mere fact of acceptance of the present General Conditions, the User guarantees that he is more than 13 years old and that he is fully capable and competent to accept and/or subscribe to the present conditions, obligations, declarations and guarantees. Any User not complying with this condition hereby declares and recognises that he has obtained parental consent for the purposes of the opening of his account.
Any connection or use of the account of the User made by using the latter's data shall be deemed being done so by him
Article 3: Schedule
Duration of the Festival: from 17 January to 17 February 2014
Viewing period of the Films: from 17 January 2014 at 00:01 am (Paris time), it being specified that the Viewing period shall not exceed:
- 20 March 2014 at 11:59 pm, deadline for having completed viewing of the films bought within the framework of an individual on-demand payment or a pack before 17 February 2013 before 11:59 pm.
These dates are specific to the purchase or viewing of the films on the website http://www.myfrenchfilmfestival.com, while the viewing or purchase of films on partner platforms can present specificities proper to the concerned platforms which UniFrance cannot guarantee.
Article 4: Access to the Films during the Festival
Within the framework of the Festival, and within the conditions and limits of the present General Conditions, Unifrance shall make the Films available to the public, directly via the website http://www.myfrenchfilmfestival.com or indirectly via a link pointing towards a partner website, so as to enable each person upon his individual request to gain access via the viewing process known as "streaming" (hereinbelow "Viewing") to the Films at any desired moment, for representation within the framework of the "family circle" and for an individual and non-commercial use, whether the viewing is individual and on-demand, or in the framework "of a Pack", or free of charge.
Any use of Films outside this framework is strictly forbidden, notably any resale, exchange, rental or transfer to a third party of all or any of the Films or the elements (sounds, fixed and/or animated images, etc.) appearing on the website http://www.myfrenchfilmfestival.com.
By Viewing is meant the faculty offered to the User, against payment of a price or free of charge, to view, without the accomplishment of an act of downloading, the Films in their integral version or by extracts, at the time and place of his choice.
The situation of the Films with respect to French film industry regulations relative notably to the protection of minors (film ratings, bans, recommendations) are indicated, as the case might be, on the information page of each concerned film.
Unifrance can, notably for reasons connected with the legal situation of the Films, implement a system enabling blockage of access to the films from certain territories. The features included in the 2014 selection will be blocked for viewing in France.
Unifrance reserves the possibility, in certain territories, of allowing free viewing of the films.
Furthermore, within the framework of the promotion of MyFrenchFilmFestival, Unifrance shall distribute codes enabling users to view free of charge one or several film(s).
Article 5: Discussion forum
The User shall have, following the opening of his account, access to the discussion forum, enabling him notably to formulate opinions and comments on the Films.
The User shall be solely responsible for his comments. Unifrance can be on no account held accountable for the opinions, comments and words of the User as published on the website http://www.myfrenchfilmfestival.com.
By the simple fact of publishing these opinions, comments and words in the dedicated place on the website http://www.myfrenchfilmfestival.com , the User expressly and free of charge grants Unifrance the intellectual property rights attached, as the case might be, to them, and notably the right of reproduction, representation, adaptation, in any mode, in any format, for the entire world, and for the legal duration of the literary and artistic property.
Unifrance can, in a discretionary manner, moderate, adapt, modify, withdraw or suppress the opinions, comments and words of the User without having to inform the later beforehand or subsequently.
The User shall refrain from divulging any comments or information contrary to public order and morality, which might have an injurious, slanderous, racist, xenophobic, or revisionist character, violating the honour or reputation of third parties, inciting discrimination, hatred of a person or group of people due to their origin, membership or non-membership in an ethnic group, nation, race or determined religion, a paedophilic character, inciting the commission of an offence, crime or act of terrorism, making an apology for war crimes or crimes against humanity, inciting suicide, etc.
The User hereby undertakes to respect the rights of others such as, notably and without limitation, image rights, right of privacy, trademark rights, copyrights, related rights, and more generally the rights of people and goods.
The User shall refrain from any action which might hinder the proper functioning of the website http://www.myfrenchfilmfestival.com or be of a nature to prejudice Unifrance.
The User guarantees Unifrance against any suits, complaint or claim emanating from third parties due to non-respect of the above commitments, and more generally any infraction and/or prejudice caused to any person because of the opinions, comments and words published in the discussion forum, and shall indemnify as such Unifrance for any damages resulting for it from the aforementioned complaints, claims or suits of third parties, including lawyer's fees and legal costs to be borne at his own expense.
Article 6: Undertakings of the User
The User shall refrain from, in any manner whatsoever, downloading the Films and/or any one of the elements appearing on the website http://www.myfrenchfilmfestival.com (images, logos, trademarks, audiovisual works in their integral version or by extracts, music, etc.) and more generally making available, directly or indirectly, the Films in whole or in part or any one of the above elements, notably on any sharing website or enabling an exchange on the Internet network.
By the Internet network is meant a hierarchy of networks consisting of an open and informal computer communications network using currently the standard TCP/IP, which makes accessible to the public from any media, known or unknown to this day, such as notably computers, mobile telephones, PDAs, interactive terminals, etc., various services and notably the exchange and sharing of files and data.
More generally, the User shall refrain from distributing, directly or indirectly, on any media, by any technological means whatsoever, whether commercially or disinterestedly, and/or downloading, all or any of the contents of the website http://www.myfrenchfilmfestival.com .
Similarly, the User shall refrain, by any means whatsoever, from accessing the administrator part of the website http://www.myfrenchfilmfestival.com for any reason or cause whatsoever.
It is recalled that the contents of the website http://www.myfrenchfilmfestival.com (name, trademarks, logos, visuals, fixed and/or animated images, sounds, music, films in their integral version or by extracts, etc.) are the property of or under license to Unifrance, without prejudice to the copyrights and all other intellectual property rights.
Consequently, the User shall be able to access the contents of the website http://www.myfrenchfilmfestival.com solely for his personal usage. He shall refrain from causing prejudice to it directly or indirectly, notably by copying, reproducing, distributing, transmitting, broadcasting, exposing, selling, granting a license or exploiting all or part of the contents of the website http://www.myfrenchfilmfestival.com .
In the event of breach of his aforementioned undertakings, the User shall save Unifrance harmless against any suit or action emanating from any person claiming right(s) which would have been unknown, such as notably literary and artistic property rights or personality rights, and shall indemnify as such Unifrance for the damages resulting for it from the aforementioned suits or actions, including lawyer's fees and legal costs to be borne at his own expense.
Article 7: Termination of the account
Unifrance shall be able terminate the account of the User and consequently the services proposed by Unifrance on the website http://www.myfrenchfilmfestival.com , immediately and without advance notice, and without any other formality, in the event of difficulty of an individual on-demand payment or for the Pack, as well as in the event of infringement of the intellectual property rights of any person, and more generally in the event of breach of the present General Conditions and violation of the laws and regulations currently in effect.
Article 8: Limitation of responsibility
On no account, shall Unifrance, its members or directors and/or its staff, whatever their status might be, and/or its members, be held accountable in any country whatsoever, for direct or indirect, principal or secondary damages resulting from the visit to the website http://www.myfrenchfilmfestival.com , and use of its services, and notably in the event of dysfunction of its services due to maintenance or updating operations, or exceptional interruptions.
Similarly, Unifrance, its members, directors, staff or members cannot be held accountable due to the illicit character of the Films in the countries of connection.
Article 9: Personal data
In conformity with the provisions of the Law of 6 January 1978 (article 26) relative to data processing, files and liberties, the User benefits from a right of access and rectification of the data concerning himself. The User shall be able to ask that his personal information be deleted and not communicated to any third parties. For any request, the User must address it to the company Unifrance at the address appearing on the website http://www.myfrenchfilmfestival.com .
Article 10: Applicable Law and jurisdiction
Due to the sheer scope of the Festival and its object, the website http://www.myfrenchfilmfestival.com is accessible from numerous countries the laws of which are different from French laws.
As a consequence, it is expressly agreed that by visiting the website http://www.myfrenchfilmfestival.com and/or participating in the Festival, the Visitor/User accepts without reserve of any kind that French law shall be the sole applicable to any dispute which might arise directly or indirectly, due to the visit to the website http://www.myfrenchfilmfestival.com or participation in the Festival.
By accepting the present General Conditions of Use, the User hereby recognises that they are specific to the website http://www.myfrenchfilmfestival.com . The General Conditions of Use of the partner platforms might differ, and Unifrance disclaims any responsibility for such eventual differences. During the User's visits to the partner platforms, he shall therefore be submitted to the General Conditions of Use of the concerned partner platform.
The rules of conflicts of laws remain however reserved.
In any event, solely the French jurisdictions of Unifrance's headquarters shall be competent to hear any dispute which has not been resolved out of court.