TOS

1. OBJECT OF THIS AGREEMENT

The Website of L’Agence du court métrage presents the various activities of L’Agence du court métrage, which intends to promote and develop the distribution of short films.

The Website presents a collection of short films and gives Visitors free access to articles regarding short film and cinema news.

The services of the Website are listed hereinafter in article 4 of these Terms of Service.

These Terms of Service intend to define the terms and conditions within which Visitors and Users may use the Website.

It is understood that by using the Website, Visitors and Users fully agree to these terms and conditions.

These terms and conditions can be saved and printed by any person visiting the Website.

2. PUBLISHER

In accordance with article 6III 1b) of the law n°2004-575 of June 21st 2004, modified by the law n°2006-64 of January 23rd 2006, indications relating to the identification of the Publisher of the Website are:

L’Agence du court métrage, a nonprofit organization dedicated to the promotion and distribution of short films, with its head office at 77 rue des Cévennes, 75015, Paris, represented by its Managing Director:

Amélie Chatellier

Phone number: +33 1 44 69 26 60

Publication Manager: Jérôme Descamps
Website host: Online SAS, BP 438 – 75366 Paris CEDEX 08 – RCS Paris B 433 115 904
The Website was designed and created by: 4th-Line

3. DEFINITIONS

  • “Parties” refers collectively to the Publisher, the Visitors and the Users;
  • “Services” refers to the services provided by the Website to Visitors and Users such as described in article 4;
  • “Website” refers to the Website and the services available via the following address:
  • “Users” refers to any moral person who has created an Account on the Website in accordance with article 5 of these Terms of Service;
  • “Collection” refers to all the Films presented on the Website;
  • “TOS” refers to these Terms of Service;
  • “Account” refers to the interface made available for Users to access the Website;
  • “Publisher” refers to L’Agence du court métrage whose address is available in article 2 hereinabove.
  • “Film Page” refers to the information relating to the Films, upon availability and as described in article 4.4.
  • “Film(s)” refers to any short film part of the Collection and uploaded on the Website;
  • “Login Details” refers to the username and password chosen by each User upon creating their Account or transferred to the User upon creating their Account;
  • “Newsletters” refers to informative emails sent by the Publisher to Visitors and Users in the conditions listed in article 4;
  • “Visitors” refers to any person surfing on the Website, whether they have an Account or not.

4. SERVICE DESCRIPTION

It is understood that all Services offered to Visitors and Users do not exceed the strict limits of these terms and conditions. Visitors understand and agree that certain Services are for Users only.

 

4.1 PRESENTATION OF L’AGENCE DU COURT MÉTRAGE – NEWS

The Website introduces Visitors to L’Agence du court métrage, its team and its activities, in a non-exhaustive way. It is understood that all of the information is offered in an informative way, not on a contractual basis.

The Website also features various information on the short film industry and its news.

The Publisher declines all responsibility with regard to this news, which it receives from third parties.

Visitors may share the news available on the Website on certain social networks including, without limitation, Facebook and Twitter, subject to the provisions of article 9.

 

4.2 FILM COLLECTION

All Visitors are allowed to consult the Collection, however the access to Film Pages and Film screenings is for Users only.

The online Collection is composed of three categories, divided in several subcategories.

 

4.3 SEARCH ENGINE

Visitors can use a search engine offering different filters (title, duration, category, genre, year, age recommendation, country of production…) which can be filled in manually or selected via drop-down menus, allowing to search Films in the categories “Distribution” and “Sales” of the Collection.

 

4.4 FILM PAGES

Users have access to Film Pages, which include information, technical description, photographs, posters, and content dedicated to Films, educational resources, upon availability of these elements.

Users accept that Film Pages don’t necessarily offer exhaustive information on the Film and that certain Films may not offer certain elements (posters, photographs, educational resources…).

Users formally agree not to distribute, copy nor allow any distribution, copy or reproduction of these Film Pages.

 

4.5 SCREENING

Users may screen certain Films in whole or in part on the Website, in order to select the Films they may later order to the Publisher via a contact form.

Where applicable, the screening of Films is done by streaming for private use only.

It is understood that no screening outside of the listed territories is allowed in accordance with these Terms of Service. Any transgressing User is subject to criminal and/or civil penalties.

Users cannot download Films.

Users understand that the entire Collection isn’t available for online screening. For unavailable Films, Users may directly contact the Publisher by email.

 

4.6 FAVORITES

Users have a tool allowing them to add Films or selections of Films to their favorite lists, which are saved on their Account.

This list is a personalized collection of Films, freely created by Users. Where applicable, Users may directly order their personalized collection to the Publisher via a contact form, or via the other websites and services hosted by the Publisher regardless of these Terms of Service.

 

4.7 NEWSLETTERS

Any Visitor can ask to receive the general Newsletter of L’Agence du court métrage by entering the following information in the dedicated form:

  • First name,
  • Name,
  • Email

Visitors may unsubscribe from the mailing list of the Publisher at anytime by clicking on the dedicated link that appears in the Newsletter.

Upon creating their Account, Users agree to receive Newsletters, and decide to receive or not each Newsletter prepared by the Publisher with regard to all its activities:

  • General Newsletter
  • Distributors Newsletter
  • Directors/Producers Newsletter
  • Film Literacy Newsletter
  • General Public Newsletter
  • Newsletter for partners of L’Agence du court métrage

Users may unsubscribe at any time from the mailing list of one or several Newsletters via their Account.

 

4.8 LIABILITY

With regard to the Services listed hereinabove, the Publisher consents to an obligation of means to Visitors and Users and undertakes to execute all the necessary actions to ensure the proper functioning of Services in the best conditions including flow rate and permanent Services.

The Website currently offers Users access to a Collection of Films. It is understood that the Collection may be enhanced with new titles however the Publisher does not undertake in any way to extend the Collection. Visitors and Users understand that the Publisher may remove certain Films from the Collection at any time especially if the exploitation rights held by the Publisher expire and that their renewal, for whatever reason, may not be possible.

Because of the very nature of the Internet, Visitors and Users acknowledge that the Publisher cannot guarantee:

  • A 24/7 operation of its Services;
  • An optimal operation of Services with all computing configurations existing or future.

In addition, to ensure quality services, the Publisher reserves periods of time, limited as much as possible in number and duration, which may result in access interruption to the Website and its Services, for activities of maintenance, update or technical interventions. The resulting unavailability of the Website or its Services shall not under any circumstances be considered as a failure of the Publisher’s obligations.

The Publisher does not grant any guarantee other than listed in these Terms of Service.

5. CREATING AN ACCOUNT

Visitors understand that only distributors and moral persons are allowed to create an Account on the Website, and accept that the creation of an Account is submitted to prior approval of the Publisher in accordance with the following conditions.

A Visitor wishing to create an Account must fill out an Account creation form available on the Website, which includes:

     – Company information:

  • Name,
  • Address,
  • Phone,
  • Activity: selected in a drop-down menu

     – Contact information:

  • First name,
  • Name,
  • Function,
  • Email,
  • Phone

     – Where applicable, the contact of the Visitor at the Publishers’: selected in a drop-down menu.

When no prior contact exists, Visitors are welcome to select the tab “I don’t have a contact yet”.

     – A space allows Visitors to send a message explaining the purpose of their Account request while detailing their activity.

The Publisher reserves the right to reject or invalidate the acceptance of any Account creation when the information given by Visitors or Users happens to be incomplete, wrong, false, trivial or non compliant. The Publisher may also require from Visitors or Users any written document proving their situation.

Once the Publisher validates the creation request, the Visitor:

  • Who doesn’t already have an Account with regard to another service of the Publisher, will receive a link by email allowing them to create their Login Details (username and password).
  • Who already has an Account with regard to another service of the Publisher, will receive a notification by email confirming the creation of their Account as well as a reminder of their Login Details.

Login Details chosen by Users will be used if necessary to sign in other sites of the Publisher.

In the same way, if Visitors already have an Account with one of the Publisher’s websites, they will be able to use the Login Details of this Account to create their Account on the Website. However, this option does not relieve Visitors from proceeding to the prior validation mentioned above regarding the creation of an Account.

Users, should they loose their Login Details, can ask for a “password” reset in the sign in page under the “Forgot your password?” section. Another “password” will directly be emailed to them to the email address available in their Account creation form. Where applicable, the modified password applies to all the Publisher’s websites for which Users have an Account.

6. TECHNICAL SPECIFICATIONS

6.1 OPTIMAL CONFIGURATION

The Website and the Services it offers are accessible with the technical configuration(s) mentioned hereunder:

  • Browser: Google Chrome v47 or newer, Firefox 43.0.4 or newer, IE11, Edge,

Safari 8 or newer

–    Target computers: Mac, PC, tablets and smartphones

–    Target operating systems: Windows 7, Windows 8, Windows 10, Mac OSX, and Linux

             –    Screen resolution: optimization for a 1024 pixel wide window – Responsive design    

Prior to accessing the Website, it is the responsibility of Visitors and/or Users to check that their computer hardware supports the minimum recommended technical configuration listed here above.

Visitors and Users are informed that any modification of their software and hardware configuration may result in a deterioration or impossibility to use the Website and its Services. Visitors and Users also understand that the Website may be modified and/or updated, resulting in the modification of the required configuration to its optimal access. The Publisher shall not be held responsible for the inability of Visitors and Users, lacking the required configuration, to access the Website.

Under no circumstances whatsoever shall the Publisher be liable for any type of damage Visitors or Users may be subject to, should this damage be caused by a technical incompatibility of the User’s equipment with the Website.

Visitors and Users must have the necessary proficiency, equipment and softwares to use the Internet. Visitors and Users acknowledge that the Internet’s specificities and constraints cannot ensure the availability, the safety and the integrity of data transmission on the Internet.

The Publisher does not guarantee that the Website will function without any interruption or dysfunction. The exploitation of the Website may be interrupted for maintenance, update or technical improvement, or for the evolution of its content and/or its presentation.

The Publisher does not guarantee Visitors and Users at any time, that the use of the Website and its Services meet their requirements, nor that the use of the Website may be interrupted, quick, safe or free of errors.

Under no circumstances whatsoever shall the Publisher be liable for a dysfunction, an access impossibility or bad functioning conditions of the Website due to inadequate equipment, disturbances caused by Visitors and Users’ internet service provider, to the network congestion and/or for any other reason the Publisher isn’t responsible for.

The Publisher reserves the right at any time to modify or develop the Website. These changes will come into effect once online.

6.2 VIDEO FILE FORMAT

Video files produced by the Website in order to be played or made available to Users, where applicable, are encoded in MP4 H264 format. Users need to have the necessary equipment and softwares for temporary storage and to be able to play this file format.

Under no circumstances whatsoever shall the Publisher be liable for any damage the User may be subject to, if this damage is due to a technical incompatibility of the User’s equipment with these video files.

7. INTELLECTUAL PROPERTY

7.1 SERVICES

The Publisher holds all the Services’ intellectual property rights.

Any reproduction in whole or in part, any modification and/or use in whole or in part of the content of the Website (including, without limitation, brands, trademarks, images, sounds, graphics) for any reason and on any support without prior written authorization from the Publisher is strictly forbidden.

Any transgressing Visitor is subject to criminal and/or civil penalties.

 

7.2 FILMS

The Films made available to Users within the context of screening, where applicable, are digital files protected by national and international provisions with regard to copyright and neighboring rights. Users may screen the Films for private use only and within the limits set in article 4.4 of these Terms of Service.

It is also understood that any public reproduction and/or screening of the Films and any distribution outside of the authorized territories are forbidden.

Any transgressing Visitors and Users are subject to criminal and/or civil penalties.

 

8. TECHNICAL ASSISTANCE

Should you need any information, further information and complaint, the Publisher operates a customer service available here:

Adress: L’Agence du court métrage – 77 rue des Cévennes 75015 – Paris

Email: info@agencecm.com

Phone: +33 1 44 69 26 60

For any assistance regarding technical issues linked to the use of the Website, Users may contact our technical department here:

Email: info@agencecm.com

Phone: +33 1 44 69 26 60

9. THIRD PARTY SERVICES

Visitors and Users acknowledge that the Website as well as the Newsletters may contain hypertext links to other websites and services published by third parties (hereinafter “Third Party Services”). The Website may allow Visitors and Users to share some content available on the Website with Third Party Services, including, without limitation, social networks. The sharing of this content with Third Party Services usually requires Visitors and Users to accept the Terms of Service of these Third Party Services and to possibly share some information provided to the Publisher with these Third Party Services. The Publisher is not responsible for this connection to a Third Party Service and Visitors and Users connect at their own risk and in agreement with the Terms of Service of this Third Party Service.

Visitors and Users understand in particular that Third Party Services may collect information on them and on their use of the Website should they share content regarding their services including, without limitation, links to the Website.

10. CLOSING AN ACCOUNT

10.1 BY USERS

Users may close their Account at any time by sending the Publisher their request by email.

Users understand that closing their Account on the Website has no repercussion on their potential memberships and accounts with the Publisher, created independently from the Website, which are ruled by the Terms of Service applicable to these websites and their services.

 

10.2 BY THE PUBLISHER

The Publisher reserves the right to delete the Account of a User in case of:

  • Behaviors transgressing the provisions of the Intellectual Property Code
  • Breach of the User to any obligation set out in these Terms of Service
  • Cessation of activity of the User or the Publisher.

11. INFORMATION TECHNOLOGIES AND CIVIL LIBERTIES

The Publisher undertakes to respect personal data provided by Visitors and Users and to comply strictly with applicable laws with regard to the protection of privacy and individual freedom resulting from the Regulation (UE) 2016/679 of the European Parliament and the Council of April 27th 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).

The Publisher undertakes to respect Visitors and Users’ rights with regard to the access of data, its correction and suppression. Visitors and Users may access at any time their personal data and correct it or have it corrected, clarified, updated or suppressed.

In that case, Users can sign in to their Account and make the changes they want.

Visitors are welcome to get in touch with the Publisher here: ingo@agencecm.com

Visitors and Users can also receive their personal data provided to the Publisher, in a structured format, commonly used and machine-readable. They have the right to transfer this information to any third party.

Such requests must be made to the Publisher here: info@agencecm.com

In general, Users acknowledge that their personal data is stored as long as their Account is open and as long as necessary to provide services.

Finally, Visitors and Users have the right to reject at any time, for reasons regarding their specific situation, the treatment of their personal data. However, they understand that it may result in dysfunctions of the Service.

The Publisher handles in a confidential way any information provided by Users within the context of their registration and in the use of their Account.

The Publisher complies with the appropriate and certified measures of the industry standards to protect Visitors and Users’ personal data. However, no transmission method on the Internet, or electronic storage method is 100% secure. The Publisher will notify any violation of personal data to the CNIL, the competent control authority, and to Visitors and Users in accordance with articles 33 and 34 of the RGPD (General Data Protection Regulation).

All personal data provided by Visitors and Users is reserved for the use of the Publisher only, within the context of the activities of the Website and the Publisher’s partners and in the strict limits of the agreement form provided to Users and Visitors. However, Visitors and Users are informed that this information may be transferred by the Publisher in application to a legal or regulatory obligation or in application to the decision of an administrative, legal or regulatory authority.

The Publisher’s use of personal data includes, without limitation:

  • Checking, handling, and updating Users’ Accounts;
  • Communicating with Users and Visitors within the context of their Services;
  • Giving advice to Users and transferring information regarding the Publisher and their products and services by email, letter, phone or text;
  • Updating the Services’ technical specifications or designating a subcontractor to do so;
  • Complying with legal and regulatory requirements.

In application to article 22 of the RGPD, the Publisher keeps a record of processing activities, to which Visitors and Users may have access by contacting the Publisher.

When legally required to, in case of personal data transfer to subcontractors within the context of article 11, the Publisher sets a contract in compliance with the provisions of the RGPD and mentioning the standard provisions regarding personal data transfer to the third countries where subcontractors are located.

12. COOKIES

In order to offer performing Services, “cookies” may be used while surfing on the Website. Visitors and Users acknowledge the implantation of a “cookie” in their computer, to save web surfing information, in order to facilitate the web surfing by memorizing certain settings specific to each Visitor or User.

Visitors and Users are reminded that cookies are data free of personal information, which shall under no circumstances be used by the Publisher for commercial purposes other than statistical.

Visitors and Users acknowledge having been advised that their browsers allow them to refuse the saving of “cookies” or to choose their settings, and that they can set up their computers accordingly.

However, Visitors and Users understand that such manipulation may prevent or limit the execution of certain functions of the Website.

13. FORCE MAJEURE

In the event of circumstances beyond our control or force majeure, it is understood that the Parties will not be liable for delay or failure to perform any of its obligations, caused by the other Party or a third party, or external reasons such as social conflicts, the intervention of civilian or military authorities, act of God, fire, water damage, malfunction or interruption of the telecommunication network. However, it is understood that the Party unable to perform shall do everything in their power to limit the duration of the effects of force majeure or any external cause.

Visitors accept that the Publisher shall not be liable for any malfunction or any interruption in the provision of the Service in connection with or as a result of force majeure nor for any damage resulting from these malfunctions and interruptions.

14. ENTIRE AGREEMENT

These Terms of Service constitute the entire agreement between both Parties, subject to the future modifications made by the Publisher within the limits of article 16 hereunder.

In the event that one of the provisions of these Terms of Service was found invalid or unenforceable owing to a present or future legal or regulatory provision, or a legal ruling by the courts carrying the authority for the matter judged and emanating from a competent jurisdiction, this provision of the agreement would then be considered as unwritten. The Publisher reserves the right to replace it in a new writing of these Terms of Service by the nearest valid provision. It is understood in any case that all other provisions shall remain applicable without any change.

15. TRANSLATION

These Terms of Service are written in French, where applicable, any translation of these Terms of Service is only offered as a courtesy to Visitors. The French version shall prevail over any dispute subsequent to the execution of these Terms of Service.

16. MODIFICATIONS

The Publisher reserves the right to adapt or modify the content of these Terms of Service at any time providing that Visitors and Users be informed. These modifications will be applicable immediately after being made available to Visitors and Users.

The Publisher will notify Visitors and Users with regard to any modification of these Terms of Service on the home page of the Website, by message, email or any other means more adapted. These Terms of Service are also available in footnotes under the entry “Terms of Service”.

If Visitors and Users keep using the Website following the modifications of its Terms of Service, they agree explicitly or tacitly to the modifications of these Terms of Service.

If Visitors and Users disagree with these Terms of Service, they must immediately stop using the Website. Users may proceed to the closing of their Account in application of article 13 of these Terms of Service.

17. APPLICABLE LAW – JURISDICTION

These Terms of Service are governed by the laws of France. In the event of a dispute, Parties acknowledge the competence of the Courts of Paris.