GENERAL CONDITIONS APPLICABLE TO ACCESS TO THE WEBSITE MYFRENCHFILMFESTIVAL.COM AND UTILIZATION OF ITS SERVICES
Article 1: Organization
With a view to promoting French cinema abroad, Unifrance is holding a dematerialized digital French film festival entitled MyFrenchFilmFestival.com (hereinafter referred to as "the Festival").
This online 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 (a maximum of 3 films, depending on the geographical territory). These films will be hereinafter referred to, together or individually, as "the Films").
Four different prizes are attributed: the "Filmmaker Award," "Audience Award," "Social Networks Award," and "International Press Award," each prize being attributed to one feature film and one short film, with the exception of the "Jury Award," which is attributed solely to a feature film.
The present General Conditions apply to any person (hereinafter referred to as "the User") in whatever country he might be (subject to the territories which Unifrance reserves the right to geoblock for legal reasons) who visits the website http://www.myfrenchfilmfestival.com and/or uses the proposed services, notably the viewing service for Films.
The User can also, free of charge and if he so wishes, grade the Films to contribute to the attribution of the "Audience Award" awarded to a feature film and a short film. The grading of Films shall be available to all Internet users, whether they have purchased 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 these Conditions.
The address and phone number of the publisher of the website http://www.myfrenchfilmfestival.com are as follows:
Unifrance Film International (a non-profit association under the 1901 Act)
13, rue Henner
Phone: +33 1 47 53 95 80
Article 2: Registration and Opening of an Account on www.myfrenchfilmfestival.com
The User must have fully completed the registration form, which constitutes an essential condition for the opening of an account.
Any incomplete or poorly or fraudulently completed application shall be considered as null and void, and the registration will not be accepted.
The User shall receive an email at the electronic address he has provided, confirming the opening of his account and communicating his password as well as general information allowing him to identify himself when using the services proposed on the website http://www.myfrenchfilmfestival.com. Due to their personal and confidential nature, the User undertakes to keep secret and not divulge this information.
The User can request (via the application provided 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 certifies that he is over 13 years of age 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 recognizes 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, the deadline for having completed viewing of the films purchased 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 features specific 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 to a partner website, so as to enable each person upon his individual request to gain access via the viewing process known as "streaming" (hereinafter referred to as "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 non-commercial, or within the framework "of a Pack", or free of charge.
Any use of Films outside of this framework is strictly prohibited. Also prohibited are 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, where relevant, on the information page of each concerned film.
Unifrance can, notably for reasons connected with the legal status of the Films, implement a system enabling blockage of access to the films from certain territories. The feature films 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 one or several film(s) free of charge.
Article 5: Discussion Forum
The User shall, following the opening of his account, have access to the discussion forum, enabling him notably to provide 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 section on the website http://www.myfrenchfilmfestival.com, the User expressly and free of charge grants Unifrance the intellectual property rights that may be attached to them, and notably the rights 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 delete 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 honor or reputation of third parties, inciting discrimination, hatred of a person or group of people due to their origin, membership, or non-membership of an ethnic group, nation, race, or determined religion, or of a paedophile nature, 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 or discredit Unifrance.
The User guarantees Unifrance against any suits, complaints, or claims emanating from third parties due to non-respect of the above commitments, and more generally any infraction and/or prejudice caused to any person due to the opinions, comments, or words published in the discussion forum, and shall indemnify as such Unifrance for any damages resulting from the aforementioned complaints, claims, or suits of third parties, including lawyers' fees and legal costs to be borne at the User's own expense.
Article 6: Obligations 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 as 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 non-commercially, 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 section 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, sound, music, or films in their integral version or by extracts, etc.) are the property of, or under license to, Unifrance, without prejudice to copyright 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 use. 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 a part of the contents of the website http://www.myfrenchfilmfestival.com.
In the event of breach of his aforementioned obligations, the User shall hold Unifrance harmless in respect of any claims or legal action emanating from any person claiming right(s) which would have been disregarded, such as, notably, literary and artistic property rights or personality rights, and shall indemnify as such Unifrance for the resulting damages from the aforementioned claims or legal action, including lawyers' fees and legal costs to be borne at the User's expense.
Article 7: Termination of a User's 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 prior notice, and without any other formalities, in the event of payment difficulties concerning an individual on-demand payment or Pack, as well as in the event of an infringement of the intellectual property rights of any person, and; more generally; in the event of a breach of the present General Conditions and the 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 visiting the website http://www.myfrenchfilmfestival.com, and the 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 for the illicit character of the Films in the countries of connection to the webiste.
Article 9: Personal Data
In conformity with the provisions of the Act of January 6, 1978 (Article 26) relative to data processing, files and liberties, the User benefits from a right of access and rectification of data concerning himself. The User shall be able to request that his personal information be deleted and not communicated to any third parties. All requests must be addressed it to Unifrance at the address published on the website http://www.myfrenchfilmfestival.com.
Article 10: Applicable Law and Jurisdiction
Due to the sheer scope of the Festival and its objectives, 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 law applicable to any dispute which may arise directly or indirectly, due to visiting the website http://www.myfrenchfilmfestival.com or participation in the Festival.
By accepting the present General Conditions of Use, the User hereby recognizes that these Conditions are specific to the website http://www.myfrenchfilmfestival.com. The General Conditions of Use of partner platforms may differ, and Unifrance disclaims any responsibility for such eventual differences. During the User's visits to partner platforms, he shall therefore be subject to the General Conditions of Use of the concerned partner platform.
The rules of conflicts of laws remain, however, applicable.
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.