GENERAL TERMS AND CONDITIONS APPLICABLE TO ACCESSING THE WEBSITE MYFRENCHFILMFESTIVAL.COM AND THE UTILIZATION OF ITS SERVICES
Article 1: Organization
With the aim of promoting French films abroad, UniFrance Films organizes an online French film festival entitled MyFrenchFilmFestival.com (hereinafter referred to as the "Festival").
This online Festival, which is accessible via the website http://www.myfrenchfilmfestival.com published by UniFrance Films, consists of regularly promoting various selections of feature films and short films (these films are hereinafter referred to, collectively or individually, as the "Films").
The Films are, according to different periods of the year, directly accessible on VOD via http://www.myfrenchfilmfestival.com. Viewing these Films is made possible through rentals per Unit, per Pack, by subscription, by using promotional codes, or free of charge, depending on the country of viewing and the different Films proposed by the service.
The creation of a User Account on http://www.myfrenchfilmfestival.com allows the User access to the viewing of Films from the various selections offered on the website at the particular time, and to view these Films (in the form of rentals per Unit, per Pack, by subscription, by using promotional codes, or free of charge).
The User may, free of charge and if he or she so wishes, rate the Films viewed. These ratings contribute to the attribution of various awards.
The present General Terms and Conditions apply to any private individual (hereinafter referred to as the "User"), regardless of the country in which he or she is using the service (with the exception of geographic territories that UniFrance Films reserves the right to geo-filter, or block, for legal reasons), who visits the website http://www.myfrenchfilmfestival.com and/or who utilizes the services proposed, notably the Film viewing service.
The present General Terms and Conditions remain applicable for the duration of the period in which they are displayed on the website http://www.myfrenchfilmfestival.com. UniFrance Films reserves the right to unilaterally modify them.
The contact details of the publisher of the website http://www.myfrenchfilmfestival.com are as follows:
UniFrance Film International, Association loi 1901
13 rue Henner
Tel: +33 1 47 53 95 80
Article 2: Registration and Opening of an Account on www.myfrenchfilmfestival.com
The User is required to fully complete the registration form, which is an essential requirement for the opening of an account.
The User will also have the possibility of opening his or her account on http://www.myfrenchfilmfestival.com in association with his or her Facebook or Twitter accounts (by accepting the General Terms and Conditions of Use of the applications Facebook Connect and Twitter Connect, which are proposed to the User when using the services on our website).
The User may at any time associate or disconnect his or her Facebook or Twitter accounts from his or her account on http://www.myfrenchfilmfestival.com via interfaces proposed in the "Your Account" section on our website.
Any forms providing incomplete, incorrect, misleading, or false information will be deemed invalid, and the request for registration will be refused.
The User will receive an email at the email address he or she has provided confirming the opening of his or her account, which will provide his or her password and, generally, any necessary information in order to connect to the website http://www.myfrenchfilmfestival.com and use the services provided. Due to the personalized and confidential nature of this information, the User agrees to keep this information secret and not to divulge it to any third party.
The User may request (via a form designed for this purpose) to have his or her password reset in order to allow him or her to connect to the website and access his or her account.
By accepting the present General Terms and Conditions, the User confirms that he or she is over the age of thirteen years and is fully capable and competent to accept and/or comply with the present conditions, obligations, declarations, and guarantees. Any User who does not meet this condition declares and acknowledges that he or she has obtained parental authorization for the opening of an account.
Any connection to the website or use of the User’s account using the data provided to the User will be deemed to have been undertaken by the User.
Article 3: Access to Films
Within the framework of the Festival, and under the conditions and within the limits set forth in the present General Terms and Conditions, UniFrance Films will make the Films available to the general public directly via the website http://www.myfrenchfilmfestival.com in such a manner as to permit any private individual acting on an individual request to have access, by the so-called process of viewing/streaming (hereinafter referred to as "Viewing"), to the Films when he or she wishes, for non-commercial personal use or within the close family circle, via Film rental per Unit, per Pack, as part of a subscription, or as a free-of-charge viewing.
All utilization of Films outside the abovementioned framework is strictly prohibited. All resales, exchanges, rentals, or transfers of the Films, in full or in part, or of any elements relating to the Films (sound, still or moving images, etc) featured on the website http://www.myfrenchfilmfestival.com to any third party are also strictly prohibited.
The Viewing of Films refers to the possibility offered to the User in exchange for the payment of a monetary sum, or free of charge, to view the Films in full or as excerpts, without downloading, at the time and place of his or her choice.
The status of Films with regard to French film industry regulations, notably relating to the protection of minors (such as ratings, censorship, restrictions, recommendations) is indicated, when appropriate, on the file accompanying all films concerned.
UniFrance Films may, notably for reasons relating to the legal status of Films, put in place a system that allows for the blocking of access to certain films in certain geographic territories.
UniFrance Films reserves the right, in certain geographic territories, to permit free-of-charge viewing of certain Films.
Article 4: Publication of Comments on http://www.myfrenchfilmfestival.com
After the User has opened an account, he or she is provided with access to the website allowing him or her to make publications, notably comments and opinions relating to the Films.
The User shall have sole responsibility for his or her publications. UniFrance Films cannot under any circumstances be held responsible for opinions, comments, and other publications by the User on the website http://www.myfrenchfilmfestival.com.
By publishing these opinions, comments, and other publications on the appropriate section of the website http://www.myfrenchfilmfestival.com, the User grants UniFrance Films all related intellectual property rights expressly and free of charge, notably all rights of reproduction, representation, adaptation, in all forms and formats, throughout the world for the duration of these artistic and literary rights without restriction.
UniFrance Films may, at its sole discretion, decide to moderate, adapt, remove, or delete opinions, comments, and other publications by the User without being required to inform the User in advance or subsequently.
The User undertakes to refrain from any dissemination of any comments or information that is contrary to the public order, which go against public moral principles, including offensive, defamatory, abusive, racist, xenophobic, revisionist statements, violating the honor or reputation of a third party, any incitement to discrimination, hatred and violence towards a person or group of people because of their origin or their membership or non-membership of a specific ethnic group, nation, race, or religion, or of a pedophile nature, any incitement to commit a felony, a crime, or a terrorist act, or condoning of war crimes or crimes against humanity, inciting suicide, and so forth.
The User agrees to respect the rights of others, notably, but not exclusively, image reproduction rights, the right to privacy, copyright laws, trademark laws, neighboring rights, and, generally, all individual and property rights.
The User shall refrain from any actions that may impede the proper functioning of the website http://www.myfrenchfilmfestival.com or that may be detrimental to UniFrance Films.
The User agrees to release UniFrance Films from any and all claims, damages, liabilities, or costs from any third party relating to the non-compliance with the abovementioned commitments, and, generally, to any claims of violation or infringement suffered by any person due to the opinions, comments, or other publications in the discussion forum of our website, and shall compensate UniFrance Films for the damage resulting from these claims, damages, or liabilities from a third party, including legal fees and court expenses incurred.
Article 5: User Obligations
The User is prohibited from downloading, in any manner or form, the Films and/or any of the elements featuring on the website http://www.myfrenchfilmfestival.com (images, logos, trademarks, audiovisual works in full or as excerpts, music, etc.), and, generally, from making available, directly or indirectly, the Films, in full or in part, or any of the abovementioned elements, notably on any file-sharing website whatsoever, and from allowing any sharing of the information on the Internet.
The term Internet refers to a hierarchy of networks consisting of an open and informal computer network of communication that currently utilizes the TCP/IP protocol suite, which makes content available to the public via any known or future media platform, such as, notably, computers, mobile telephone devices, PDAs (Personal Digital Assistants), interactive terminals, and so forth, and via various services, notably the exchange and sharing of files and data content.
In more general terms, the User is prohibited from directly or indirectly distributing or disseminating any material contained on the website http://www.myfrenchfilmfestival.com, in full or in part, on any media and by any technical means whatsoever, for commercial purposes or any other purpose, and/or from downloading the content of the website, in full or in part.
Similarly, the User is prohibited from accessing the administrative section of the website http://www.myfrenchfilmfestival.com in any manner whatsoever, on any account and for any purpose whatsoever.
It should be noted that the website http://www.myfrenchfilmfestival.com (including its name, trademarks, logos, visuals, still and/or moving images, sound, music, films in full or as excerpts, etc.) is the property of, or licensed to, UniFrance Films without prejudice to copyright laws and all other intellectual property rights.
Consequently, the User is authorized to access the content of the website http://www.myfrenchfilmfestival.com for his or her personal use only. The User is prohibited from engaging in any actions that are detrimental to the website, whether directly or indirectly, such as by copying, reproducing, distributing, disseminating, transmitting, presenting, selling, granting a license for, or utilizing any material contained on the website http://www.myfrenchfilmfestival.com, in full or in part.
In the event of non-compliance with the abovementioned commitments, the User releases UniFrance Films from any legal claims or damages from any party who exercises rights that may not have been respected, such as, notably, literary or artistic property rights, publicity rights and personality rights, and shall compensate UniFrance Films accordingly for any damages resulting from such legal action, including all legal fees and court expenses incurred.
Article 6: Termination of a User’s Account
UniFrance Films may terminate a User’s account, and consequently terminate access to services offered by UniFrance Films on the website http://www.myfrenchfilmfestival.com, immediately and without notice, and without further formalities, in case of difficulties encountered with respect to payment of a service per Unit (per Service) or per Pack, in the event of infringement of the intellectual property rights of any individual, and, generally, in the event of non-compliance with the present General Terms and Conditions or in the event of violation of the laws and regulations in force.
Article 7: Limitation of Liability
In no event shall UniFrance Films, its members or directors and/or staff, regardless of their position, and/or its subscribers, be held responsible in any country throughout the world, in respect of damages, either direct or indirect, specific or accessory, resulting from visiting the website http://www.myfrenchfilmfestival.com and the utilization of its Services, notably in the case of the malfunction of these Services due to technical maintenance operations, updating, or temporary unavailability of the website.
Similarly, UniFrance Films, its members, directors, staff, and subscribers cannot be held liable for the unlawful nature of the Films in the countries in which connection is available.
Article 8: Personal Data
In accordance with the provisions of the French Law of January 6, 1978 (Article 26) relating to information technology, data processing, and privacy, the User benefits from the right of access to and rectification of personal data. Users may request that their contact details are deleted and are not communicated to any third parties. All requests must be made directly by the User to UniFrance Films using the contact details displayed on the website http://www.myfrenchfilmfestival.com.
Article 9: Applicable Law and Assignment of Jurisdiction
By reason of the scale of the Festival and its objectives, the website http://www.myfrenchfilmfestival.com is accessible in numerous countries, whose laws differ from French laws.
As a consequence of this, it is expressly agreed that by visiting the website http://www.myfrenchfilmfestival.com and/or by participating in the Festival, the Visitor/User unconditionally accepts that French law shall be the only enforceable law in the case of any disputes that may arise directly or indirectly, as a result of, or during, the User’s visit to the website http://www.myfrenchfilmfestival.com or the User’s participation in the Festival.
By accepting the present General Terms and Conditions, the User acknowledges that they are specific to the website http://www.myfrenchfilmfestival.com. Due to the fact that the General Terms and Conditions of partner platforms may vary, UniFrance Films disclaims any responsibility for any possible variations. During any visits to partner platforms, the User is therefore subject to the general terms and conditions of the relevant partner platform.
The rules applicable to the conflict of law shall nonetheless remain unaffected and take precedence.
In all events, the French court with jurisdiction over the registered address of the head office of UniFrance Films shall have sole jurisdiction over any claims or disputes that cannot be resolved out of court.
This English translation is provided for information purposes and is not legally binding.