The present General Terms of Sale and Use specify all of the terms of sale and use of the Shortfilmdepot Service (hereinafter referred to as the "SFD Service") for multiple registration of films for festivals, provided by the Sauve Qui Peut le Court Métrage Association (hereinafter referred to as "SQP") located at La jetée, 6 place Michel-de-l’Hospital 63058 Clermont-Ferrand, France, company registration number (SIREN) 32387404000021, on the website www.shortfilmdepot.com (hereinafter referred to as the "Website").
For the purposes hereof, a User is a person who has met all of the registration requirements specified in Article 3 hereof.
2. DESCRIPTION OF THE SERVICE:
2.1. The SFD Service comprises a number of functions accessible on the Website, making it possible to register audiovisual creations (hereinafter referred to as "Films") for French and foreign festivals that subscribe to the SFD Service (hereinafter referred to as "Festival(s)") as well as to manage the follow-up of these registrations.
The SFD Service therefore enables Users to create an SFD Account, log in and access their Account at any time from a computer connected to the internet, and save on their Account data relating to one or more Films (technical and generic characteristics, contacts, photos, dialogues, careers, Film files etc.) on a single Film registration form, for one or more of the Festivals that subscribe to the SFD Service.
This service is free of charge and available to all (directors, producers, distributors, organizations, schools etc.) provided that all of the registration formalities have been completed, pursuant to Article 3 of the present General Terms.
2.2. In addition SQP offers Users a pay service included in the SFD Service, to Send Films to the Festivals of their choice by means of audiovisual file transfer, or streaming them on the Website. The technical and financial requirements for accessing and using this service are specified in Article 5 of the present General Terms, it being stated that simply uploading a Film file to the Website remains free of charge.
Registration for the Service is unrestricted and free of change, provided that an SFD Account has first been created on the Website and the present General Terms of Sale and Use have been accepted.
Users must be a legal entity or a physical person at least 18 years old with legal capacity, or else have parental authorization in order to register and use the SFD Service.
When creating their SFD Account and using the SFD Service throughout the duration of the present contract, and in particular when buying SFD Stamps, Users undertake to give accurate and honest information regarding their situation, regularly check their personal data, and if necessary make the required changes online on their SFD Account.
3.2. SQP reserves the right to reject or cancel a User's registration if the information provided proves false.
3.3. Personal Identification Data
Users will be allocated a confidential user name and password (hereinafter referred to as the "Personal Identification Data"), which are generated at random and sent by email to the User at the end of the registration procedure.
This Personal Identification Data enables Users to access the Service and freely manage the Film registration form(s) that they generate on their SFD Account, as well as to Send Films to the Festivals.
The Personal Identification Data is private and confidential and non-transferable. Consequently, the User undertakes not to disclose them to third parties.
SQP cannot be held liable for any damage suffered directly or indirectly by the User or third parties resulting from fraudulent access to the User's SFD Account following disclosure of the User's Personal Identification Data.
In particular, SQP cannot be held liable for any damage suffered directly or indirectly due to access by unauthorized third parties to the User's Account via the Service, if the fraudulent access is carried out by entering the User's Personal Identification Data.
4. USE OF THE SERVICES
4.1. The SFD Service enables Users to create an SFD Account, log in and access their Account at any time from a computer connected to the internet, and to save on their Account data relating to one or more Films (technical and generic characteristics, contacts, photos, dialogues, careers, Film files etc.) on a single Film registration form for the Festivals that subscribe to the SFD Service.
Users can select at any time the Festivals for which they want their Films to be registered, provided that this request is made before the closing date for registrations set by the Festival, and within the limit of one registration per film for each Festival.
Users are regularly notified by email of the start and end of all new registration periods for Festivals that subscribe to the SFD Service.
4.2. The Service enables Users to consult at any time the progress of their Film registrations for the Festivals that subscribe to the SFD Service, from submission of the registration request to validation by a Festival on receipt of the screening copy, or from downloading of the Film by the Festival.
However, it is the sole responsibility of the Festivals that subscribe to the SFD Service to update the progress of the registrations.
SQP cannot be held liable if this information is incorrect.
Where appropriate, Users will be sent requests for additional documents and information for their registration request by email by each of the Festivals concerned.
4.3. Users can modify or update at any time the data relating to the Films that they have entered via the Service.
The data entered by Users on their SFD Account and the single registration form is stored and archived throughout the period that the User is registered for the SFD Service on the SQP computer servers, which are protected by security solutions suited to the new risks of intrusion and data loss.
SQP expressly notifies Users that the SFD Service does not constitute a backup service for Content and that the data entered in their SFD Account and on the single registration form will be automatically deleted by SQP on expiry of the User's registration for the SFD Service, apart from the Film Files which will be deleted as specified in Article 5.8 hereof.
SQP cannot on any account be held liable for direct or indirect damage suffered by Users and/or third parties due to loss, corruption or destruction of the User's Content.
4.4. Users may send their Films to the Festivals in accordance with the methods indicated to them by each of the Festivals, including by transferring audiovisual files or streaming them via the SFD Service, in accordance with Article 5 of the present General Terms.
4.5. Users undertake to use the Service in a fair and honest manner for its intended purpose, for their requirements alone, and shall refrain from using it for commercial purposes with third parties.
They must meet the technical constraints for the data required to register their Films for the Festivals that subscribe to the SFD service.
These technical constraints can be consulted at all times in the "FAQ" section of the Website, and SQP remains free to modify them unilaterally and without notice.
4.6. The Users alone are liable for the Content that they save and distribute via the SFD Service.
For the purposes hereof, the term "Content" refers to the information, data, texts, comments, contact details, Film Files, software packages, music, sounds, photographs, images, videos, messages and all other materials saved and distributed by Users via the Website and the SFD Service.
4.7. All Content that infringes current French, EU or international laws and regulations, violates intellectual property rights or the rights of third parties, or in general is obscene or contrary to the rules of public order, is expressly forbidden.
In addition, Users shall refrain from:
- attempting to delude third parties by usurping the name, corporate name or access codes of others, and in particular by pretending to be an employee or affiliate of SQP;
- entering, uploading or transmitting any Content containing computer viruses or any other code, file or programme designed to interrupt, destroy, limit or damage the functions of any software package, computer, server, network or telecommunications tool etc.
4.8. Apart from adapting the Content to the technical constraints in order to Send Films to the Festivals (cf. Art.5.6), SQP does not modify the Content distributed via the Service and transmits to the Festivals the Content in the form in which it is provided by the User, provided that it meets the technical requirements of the SFD Service.
However, SQP reserves the right to reject, suspend or interrupt distribution of the Content without notice in the following cases:
- failure to respect the ban imposed by Article 4.6 and more generally in case of breach of the terms hereof,
- order by the public authorities
- request by a third party which considers that it has been wronged
- case of force majeure
Suspension or interruption by SQP of distribution on the Website of all or part of the Content in the cases specified above cannot be deemed to be non-fulfilment of its obligations hereunder, and shall not entitle the User to payment of any damages.
4.9 SQP cannot be held liable for any damage resulting from the Content, or from any use of it by third parties.
The User undertakes to guarantee , compensate , and hold harmless SQP against any expenses and direct or indirect damage, as well as any sentences imposed on SQP due to action taken against it by third parties resulting from the Content that it has distributed via the SFD Service.
5. TERMS OF SALE OF THE SFD STAMPS SERVICE
5.1. SQP enables Users to make their Films available to the Festivals they have selected:
• Either by downloading audiovisual files ("Film Files" as defined herein) of their Films, i.e. the Festivals download the film onto their computer, which then allows them to view the film without being connected to the Website.
• Or by streaming the Film Files directly via the Website, at the request of the Festivals.
Downloading and streaming by Festivals is understood herein, and in particular in this Article, as Sending Films to the Festivals, it being stated that the Festivals are free to choose the method of Sending.
5.2. This service is paid for by buying "SFD Stamps" on the Website, which are then used to pay, each time a Film is Sent to a Festival.
The unit or batch price of the SFD Stamps is indicated in the price list on the Website, and SQP reserves the right to revise the prices of the SFD Stamps at any time, in particular in connection with special offers.
They are shown on the Website in euros inclusive of tax.
However, if the User is domiciled outside the European Union or in the French overseas departments and territories, the amount of the subscription will either be invoiced exclusive of tax, or with the reduced rate of VAT applicable in France. In this case it is up to the Users to check whether they must pay taxes in their country.
The price of the SFD Stamps do not include costs linked to the software, computer hardware and telecommunications services needed for the User to connect to the internet and the Website, which remain payable by the User alone.
The SFD Stamps are non-transferable and are valid for a limited period of 36 months following their purchase on the Website.
5.3. SFD Stamps can be paid for:
- online on the Website by bank card, via the Crédit Agricole secure payment solution.
The following bank cards are accepted: Carte Bleue, VISA, Mastercard, American Express.
SQP will debit the Users bank card at the time of payment.
SQP guarantees the security and confidentiality of the User's bank card data.
Crédit Agricole uses TSL encryption, which protects data exchanges and transactions by encrypting during input, all of the personal data essential for processing orders such as the address, email address, bank card number and bank details. The bank details are therefore encrypted and transmitted directly to the Crédit Agricole via a secure connection and not via the Website.
- by cheque,
Payment by cheque is reserved for holders of a euro bank account in France.
Cheques must be payable to Sauve Qui Peut le Court Métrage and sent to: Sauve Qui Peut le Court Métrage, La jetée, 6 place Michel-de-l’Hospital, 63058 Clermont-Ferrand, Cedex 1 France.
The SFD Stamps bought by the User will be activated after the User's cheque has been received and cashed.
- or by transfer.
SQP will indicate its bank details to Users who choose this method of payment, it being stated that the bank charges relating to the transfer are payable solely by the User, failing which SQP reserves the right to reject the payment and block and/or cancel the corresponding order for SFD Stamps.
Users undertake to provide accurate and true information during the payment procedure, in particular concerning their domicile, if this has an impact on the User's liability to VAT in France.
SQP reserves the right to refuse to process a request for which payment has been refused by the bank payment centres concerned.
An invoice stating the number of SFD Stamps bought and the date of purchase will be automatically sent to the User by email, and will be sent by post on request sent to email@example.com.
5.4. Users can exercise their right of withdrawal within fourteen (14) days of the date of purchase of one or more SFD Stamps, without having to provide grounds or pay penalties.
To do so, they must send an email to the following address: firstname.lastname@example.org
They will be repaid within thirty (30) days of confirmation of receipt of their request, either by crediting their bank account or by cheque payable to the User and sent to the invoicing address.
5.5. However, Users cannot exercise their right of withdrawal for SFD Stamps that they have used before expiry of the withdrawal period of fourteen (14) days, pursuant to Article L.121-20-2 of the French Consumer Code.
Apart from exercising their right of withdrawal as specified in Article 5.4 hereof, Users cannot claim any repayment, including in case of expiry of the SFD Stamps.
5.6. The Users, who declare that they hold the necessary Film rights to do so, grant non-exclusively to SQP, throughout the duration of their registration for the SFD Services:
- the right to adapt to its technical constraints, represent and transmit the Film Files to the Festivals concerned, by any means via the internet, and in particular by downloading and streaming; in this connection, the User acknowledges and accepts that SFD may change the technical characteristics of the Film File (definition, size, rate, container etc.) without undermining the integrity of the work;
- the right to reproduce, save and store the Film Files on any hosting servers, in order to distribute them to the Festivals concerned via the internet, in particular using the methods of Sending specified in Article 5.1.
5.7. The Users authorize SQP, by the means proposed to them, to adapt, represent and reproduce the Film Files that they upload to the SFD Website in accordance with the conditions specified in Article 5.6 hereof.
5.8. To reduce the storage costs for inactive files and limit as far as possible the cost of the SFD Stamps, the audiovisual file for a User's film will be automatically deleted from the SQP servers three months after it has been uploaded by the User to the Website, if the film has not been Sent during this period.
5.9. Unless the User is notified to the contrary, after it has been Sent to one or more Festivals, the User's Film File will be stored for at least one month following the last end date of the Festivals to which the aforementioned Film File has been sent.
6.1. SQP has an obligation of best efforts in supplying the SFD Service to Users. Consequently it undertakes to do everything necessary to ensure that the Service functions with as little interruption as possible and with the best transit time and download rate.
However, due to the nature of the internet, SQP cannot guarantee:
- that the Service will be available 24/7;
- optimum functioning of the SFD Service with all existing and future computer configurations
To ensure high-quality service, SQP reserves the right to carry out maintenance, updates and technical interventions which may result in an interruption of access to the Service.
SQP undertakes to limit the number and duration of these interruptions, but in any case the resulting downtime of the service cannot be deemed to be periods during which SQP does not meet its obligations.
6.2. SQP provides access to the Website on an as is basis and therefore does not guarantee that it will fully meet the User's expectations, or that the errors, defects or malfunctions that may occur will result in corrections or modifications.
6.3. SQP does not provide any other guarantee other than those stipulated herein.
In particular, SQP cannot be held liable for the direct or indirect damage suffered by the User or by third parties due to the information and results produced by use of the functions, software tools or online services made available on the Website.
6.4. The User undertakes to guarantee, compensate and hold harmless SQP against any expenses and direct or indirect damage, as well as any sentences imposed on SQP due to action taken against it by third parties resulting from the actions of the User in connection with use of the Service.
7. RELATIONS WITH THE FESTIVALS
In order to offer Users the best possible professional practice, all new festivals must be aware of the code of practice of festivals recommended by the International Short Film Conference.
7.2. SQP is not involved in any agreements between the User, the Festivals that subscribe to the SFD Service, and any persons with whom it has been brought into contact via the Website and the SFD Service; SQP's role is solely to supply the Website and the SFD Service, and to put Users in touch with the aforementioned Festivals.
Consequently SQP cannot in any way be held liable for the proper performance of these agreements.
8. DURATION AND TERMINATION
8.1. Users are registered for the SFD Service for an unlimited period.
Users reserve the right to terminate their registration for the SFD Service at any time, by sending a request for their SFD Account to be closed 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.
8.2. In case of breach by one of the Parties of the obligations hereof, not rectified within 15 calendar days of receipt of an email notifying the breach in question, the other Party may declare the present contract to be automatically terminated, subject to any damages that it may claim by virtue hereof.
8.3. If Users fail to update their email address in their SFD Account, which has become invalid for any reason whatsoever, and if the emails no longer reach the address indicated, the User's registration will be terminated within ninety (90) days of discovery of the error.
8.4. In all cases of termination of the User's registration, the User's Content
will be deleted from the SFD Service.
The User's personal data will be kept by SQP for a period of three (3) months following the date of termination, for administrative purposes. The data will then be permanently deleted from SQP's servers.
8.5. SQP reserves the right to temporarily or permanently suspend the supply of all or part of the SFD Service:
- in the cases specified in Article 12 FORCE MAJEURE hereof;
- at its discretion, without the User being entitled to oppose this or claim any compensation.
The present Contract will then be automatically terminated.
9. INTELLECTUAL PROPERTY RIGHTS
9.1. All of the data regardless of its nature, and in particular the texts, graphics, logos, icons, images, Films, Film Files, audio files and videos, trademarks, software packages and characteristics of the Website included on the Website are protected by copyright, trademark law and all other intellectual property rights, and belong to SQP or to third parties who have authorized SQP to use them.
In its capacity as Publisher of the Website, SQP grants the User a private, non-collective and non-exclusive right to use the aforementioned Content.
Consequently, the Users undertake not to reproduce, summarize, modify, alter or redistribute, without the express authorization of the Publisher, any text, title, application, software package, logo, image, films, audio files or videos, graphic charter, trademark, information or illustration for any use that is not strictly private, which excludes any representation for professional purposes or multiple redistribution. Similarly, the Users undertake not to copy all or part of the Website onto another website or internal company network.
9.2. The User grants SQP the rights to reproduce, represent and distribute his Content on the Website, in accordance with the duration and distribution parameters selected by the User.
The User declares that he holds all of the copyrights, intellectual property rights and all other types of rights, or the authorizations required, to transfer and distribute the Content that he distributes via the SFD Service.
The User guarantees SQP against any action for infringement of copyright linked to the Content, and consequently undertakes to guarantee , compensate , and hold harmless SQP against any expenses and direct or indirect losses, as well as any sentences imposed on SQP due to action for infringement of copyright taken against it by third parties resulting from the Content that he has distributed via the SFD Service.
SQP undertakes not to summarize, modify or alter, without the prior authorization of the User, the Content distributed via the Service, without however waiving its right to delete the Content as specified in Article 4.7 hereof, and subject to exercising its right to adapt the User's Film Files (cf. Article 5.6 hereof).
10.1. The whole of the Website, as well as the Content published and distributed on it and the methods of consulting it, constitute the Website Databases.
These Databases are the sole property of SQP, and are protected by the provisions of the French Intellectual Property Code relating to copyright, and by the provisions of the EU Directive of 11 March 1996 on the legal protection of databases.
Consequently the User undertakes to use this data solely to consult and use the Website and the SQP Service, and shall refrain in particular from reproducing, translating, adapting, altering, transforming, passing on, representing or distributing, permanently or temporarily, by any means and in any form whatsoever, all or part of the data included in these databases, other than in the cases specified in paragraph 8.1 hereof.
10.2. In addition, in its capacity as producer of the Databases, SQP forbids the extraction and reuse of all or any part whatsoever of the content of the Databases, without its express prior authorization.
11. DATA PROTECTION:
In accordance with the provisions of the Act No. 78-17 of 6 January 1978 on data processing, data files and individual liberties, and the decision of the French Data Protection Authority (CNIL) of 10 July 2006 removing the obligation to declare websites and replacing it with the procedure for declaring the data processing carried out by websites, the SQP customer/prospect file has been declared to the CNIL (simplified standard No. 48).
Therefore, in accordance with the provisions of the Act of 6 January 1978, Users have the right to access, modify, amend and delete their personal data.
They can do so simply by connecting to their SFD Account, or sending a letter to:
Association Sauve Qui Peut le Court Métrage, La Jetée, 6 place Michel-de-L’Hospital, 63058 Clermont-Ferrand Cedex 1, France.
The User's personal data collected by means of the forms, and all future information, is intended solely for the use of SQP and the Festivals that subscribe to the SFD Service, in connection with the provision of the services offered to Users, and may be passed on to SQP's institutional partners in the artistic sector of the short film industry.
SQP stores the Users' personal data on its own servers and undertakes to keep the personal data collected strictly confidential.
12. FORCE MAJEURE:
Neither Party can be held liable if the performance of the present Contract is delayed or prevented due to a case of force majeure or a fortuitous event, due to the other Party, a third party or circumstances outside their control such as industrial disputes, intervention by civil or military authorities, natural disasters, fire, water damage or poor functioning or interruption of the telecommunications network or the electricity network.
A case of force majeure is deemed to be any event outside the control of the affected Party, that is unforeseeable, irresistible and insurmountable, and prevents one of the Parties from carrying out all or part of its obligations under the present Contract.
In all cases, the affected Party must do everything in its power to limit the duration and effects of the fortuitous event, case of force majeure or circumstances outside its control.
If the event lasts for more than two months, the present Contract will be automatically terminated.
13. MISCELLANEOUS PROVISIONS
SQP reserves the right to unilaterally change the present General Terms, in particular in case of technical developments, changes in the law or case law, or the introduction of new services.
The new clauses will govern all future relations between the Parties, only the new version shall prevail between them, and the applicable conditions are always those that are available online on the Website.
All of the new functions, improvements and additions to all or part of the Website and the SFD Service are subject to the present General Terms.
13.2. If one of the provisions of the present General Terms is deemed invalid by virtue of a current or future legal or statutory provision, or a court ruling that constitutes res judicata pronounced by a competent court or body, that provision of the contract shall be deemed unwritten, and all of the other provisions of the present General Terms shall remain in force between the Parties.
13.3. If one of the Parties fails to exercise its rights under any of the provisions of the present General Terms at a given time, it cannot be deemed to have waived its entitlements hereunder.
14. APPLICABLE LAW AND COURT OF COMPETENT JURISDICTION:
The present General Terms of Sale and Use are governed by French law, and only the French version is valid in order to interpret them.
In the event of a disagreement resulting from the performance or interpretation of the provisions hereof, the Parties must meet to try to find an amicable settlement to their dispute, before referring the matter to the competent court.
If they fail to reach a settlement, the French courts will have sole jurisdiction over the dispute.