The purpose of the present General Terms is to specify all of the conditions for accessing and using the Website accessible at www.shortfilmdepot.com
Publisher of the Website:
Association Sauve Qui Peut le Court Métrage (hereinafter referred to as "SQP" or the "Publisher") located at La jetée, 6 place Miche-de-l’Hospital 63058 Clermont-Ferrand, France, company registration number (SIREN) 32387404000021
Tel : (33) 473 91 65 73
Fax : (33) 473 92 11 93
Mr Jean-Claude SAUREL, Chairman of SQP
Hosting / referencing:
BOOSTUP, 123 boulevard Valbenoite 42100 Saint-Etienne, France
Tel : + 33 (0) 477 59 42 70
Fax : + 33 (0) 477 59 42 75 www.boostup.fr
Access to and use of the website accessible at www.shortfilmdepot.com (hereinafter referred to as the "Website") implies tacit and unreserved acceptance by the Visitor of the terms of the present Legal Notice, in its latest version online.
For the purposes hereof, the Visitor(s) are any legal entities or physical persons who connect to and browse the Website.
1. DESCRIPTION OF THE WEBSITE
1. The Publisher provides the SHORT FILM DEPOT (SFD) Service on the Website, which comprises a set of functions accessible on the Website, making it possible to register audiovisual creations for the French and foreign festivals that subscribe to the SFD Service, and 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 on a single Film registration form, for one or more of the Festivals that subscribe to the SFD Service.
2. This Service is available to all (directors, producers, distributors, organizations, schools etc.), provided that they have approved the General Terms of Sale and Use of the SFD Service and have carried out all of the registration formalities.
3. In addition SQP offers Users a pay service included in the SFD Service, for sending Films to the Festivals of their choice by means of audiovisual file transfer. The technical and financial requirements for accessing and using this service are specified in the General Terms of Sale and Use of the Service, it being stated that simply uploading of charge.
4. For all questions concerning the Website and the activities of SQP, Visitors are requested to contact SQP at the address shown at the top of the present General Terms.
2. ACCESS AND AVAILABILITY
1. Continuous and permanent access to the Website is provided, except in cases of force majeure, or circumstances outside the Publisher's control, and subject to any failures, technical interventions, maintenance or updating work needed for the Website to function correctly, all of which are likely to result in suspension of access to the Website.
2. In addition, given the nature of the internet, SQP cannot guarantee that the Website will be available 24/7.
1. The Publisher will endeavour to offer the most reliable and high-quality information possible on the Website.
However, SQP is not bound by an obligation to achieve a result, and therefore does not guarantee that all of the information accessible on the Website is accurate, up-to-date and exhaustive, in particular the information given to it by the festivals.
3. SQP cannot be held liable for any direct or indirect damage suffered by Visitors or third parties due to the information published on the Website, and more generally, to consulting and using the Website.
4. In addition SQP does not in any way monitor the websites linked to the Website via hypertext links, and disclaims all responsibility for these websites and their content.
4. INTELLECTUAL PROPERTY
1. All of the data regardless of its nature, and in particular the texts, questionnaires, graphics, logos, icons, images, audio files and videos, films, trademarks, software packages and characteristics included on the Website are protected by copyright, trademark law and all other intellectual property rights, and belong to the Publisher or to third parties who have authorized the Publisher to use them.
The Publisher grants the Visitor a private, non-collective and non-exclusive right to use the aforementioned content, as allowed by the functions of the Website and the present General Terms.
2. Visitors undertake to use the information available on the Website 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.
At the risk of incurring civil and criminal liability, the Visitors undertake in addition not to reproduce, summarize, modify, alter or redistribute, without the express prior authorization of the Publisher, all or part of the content specified in the present Article 4.
5. CONFIDENTIALITY AND PERSONAL DATA
1. In accordance with the provisions of:
• the Act No. 78-17 of 6 January 1978 on data processing, data files and individual liberties;
• Decision No. 2008-136 of 9 May 2006 adopted by the French Data Protection Authority (CNIL) exempting data processing carried out for the purposes of communication or external information, from the requirement to submit a declaration,
SAUVE QUI PEUT LE COURT METRAGE is not required to submit a declaration concerning the personal data collected from Visitors via the Website.
2. However, in accordance with the provisions of the Act of 6 January 1978, Visitors have the right to access, modify, amend and delete their personal data.
To do so, they simply have to send a letter or email to the address shown at the top of the present General Terms, or send a request via the online support service (link).
3. The personal data concerning Visitors collected on the forms, and all future information, is intended solely for the use of the Publisher, in connection with the provision of the services offered to Visitors via the Website, and will not be passed on or transferred to third parties, other than to any technical contractors responsible for managing the Website, who are obliged to keep the data confidential and only use it for the very specific task that they are required to perform.
4. To enable use of the Website, Visitors are informed that one or more cookies may be placed on their computer for a limited period.
The cookies do not contain any personal data, and their role is mainly to identify Visitors when they connect to the Website and make it easier for them to browse the Website.
The cookies are also used to draw up statistics concerning the Website's traffic and methods of browsing the Website, in particular to:
- Assess the Website's traffic and its share of the audience, since all Visitors to the Website are allocated a unique cookie which makes it possible to determine their method of using the Website, and can help the server to target adverts according to the interests and behaviour of Visitors to the Website;
- Where appropriate, assess the share of the audience of advertisers on the Website.
This cookie will be stored on the Visitor's computer for a period of two months, after which a new cookie will automatically be placed on the Visitor's computer if the Visitor connects to the Website again.
Visitors can refuse to accept the cookies or delete them, it being stated that this will make it difficult or impossible for them to use the Website.
5. The Visitors' data will also be used to improve and personalize communications with them, in particular by means of the newsletters that they may subscribe to.
6. The Publisher stores the Visitors' personal data on its own servers and undertakes to keep the personal data collected strictly confidential.
6. MISCELLANEOUS PROVISIONS
1. For further information or questions, the Publisher asks Visitors to contact it at the address indicated at the top of the present General Terms.
2. The present General Terms are governed by French law, and only the French version is valid in order to interpret them.
They constitute all of the obligations of both the Publisher and the Visitors.
3. The Publisher reserves the right to unilaterally modify the terms hereof.
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.
4. 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 hereof shall remain in force between the Parties.
5. The present General Terms are governed by French law, as regards both substantive and procedural law.
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.
If they fail to reach a settlement, the French courts will have sole jurisdiction over the dispute.