Terms & Conditions
Moving Scope SAS (the “Company”) publishes and operates the Internet Site ArteKino (“ArteKino”, the “Site”). Among other activities, ArteKino aims at providing a better visibility for a selection of films presented at prestigious festivals by making them available for public online screenings for a limited duration and a limited number of viewings. This document describes the subsidiary services proposed by ArteKino in this context and sets out the rights and obligations of the Site’s Users.
ArteKino is published by MOVING SCOPE SAS whose capital is €169,000. It is registered with the Paris companies registry under number 519 405 401. Its corporate offices are located at 59 rue de la Fontaine au Roi, 75011 Paris. It is represented by its President Alessandro RAJA. Tel +33173741914 Publishing Editor: Alessandro RAJA.
ArteKino is also published by ARTE France Cinéma. Its corporate offices are located at ARTE France Cinéma 8 Rue Marceau 92130 Issy les Moulineaux. RCS Nanterre: 383 987 864 Managing Director: Olivier Père
Internet Hosting Service: SAS OVH, 2 rue Kellermann – 59100 Roubaix – France Telephone: 0899 701 761
“Registration”: the service offered by the Company on the Site, which enables registered Users to access the Site’s various functionalities including the booking and screening of the Film(s) referenced on the Site.
“User”: The person who has registered on the Site.
“Terms and Conditions of Use” (TCU): this document.
“Account”: The account to be created by any User of the Site. The Account gives access to the User’s personal space on the Site which contains the films he/she has booked.
“Company”: Moving Scope SAS.
“Films”: any audiovisual work referenced on the Site (long features, short films, documentaries, etc.).
“Site”: the interactive electronic service operated by the Company and accessible at https://www.artekinofestival.com/
“Visitor”: any visitor of the Site and Service, whether or not he/she is a User.
4. Access and Registration
4.1 Access: The services offered by the Company are accessible via the Site. In order to screen Films and access the Site’s various functionalities, the User must irrevocably accept these TCU. The Company may update the TCU at any time and Users are invited to consult the same regularly. Access to the Site is permanent, except for periodic maintenance and update of the Site’s servers that might cause occasional and temporary interruptions.
4.2 Registration to the Site, Use of the Service: In order to access the Services offered on the Site, in particular the Screenings of Films, one must become a User on the Site. The User must be over 18 years of age. The person who wishes to become a User must fill out the registration form, which he/she undertakes to do faithfully. ArteKino can discretionarily refuse to approve any User, which shall in no event give rise to any Users’ claims or any ArteKino liability whatsoever. The User will be solely and entirely responsible for keeping confidential his/her connection data (e-mail, password, etc.) and keeping access to his/her Account private and personal. Any connection to his/her Account or transmission of data by the User via the Site will be deemed to have been made by the User, under his/her exclusive liability. He/she will in particular be liable for any (unauthorized) use of his/her Account by any third-party. The User will immediately notify the Company in the event that he/she becomes aware of an unauthorized access to his/her Account. By registering for the service the User agrees to receive information from the publishers about new content added to their Sites.
4.3 Account deactivation or deletion:The Company reserves the right to block, deactivate or delete the Account of any User who has breached these TCU or failed to comply with his/her obligations or undertakings. In no circumstances will refusal, deactivation or deletion of a User’s Account give rise to any compensation for the User.
4.4 Digital Proof:The User acknowledges that the data registered on the Site constitute admissible and valid proof of all the transactions entered into via the Site, and of the data transmitted through the Site. The User acknowledges that the digital proof has a full legal effect and in particular agrees to the electronic acceptance of these TCU, as indicated by the User ticking the box “I have read and understood the terms and conditions” (these TCU) at the end of the User’s registration.
5. Access to the Films
5.1 Localization:The Site is accessible from anywhere in the World. However geographical restrictions might limit access to the Films depending on the User’s country, and in conformity with the restrictions imposed by the Film’s rights holders.
5.2 Screenings:Each User can only screen the Films available in his/her country once, from the date on which the Festival starts. Once a User has started a screening of a Film, he/she can resume that screening until the date on which the Festival ends. This can only be done during the period of availability of the Film on ARTE Kino, as decided discretionarily by the Company, in particular on the basis of the authorizations granted by the rights holders of the Film and by the Festival’s partners. The total number of screenings per Film is limited to a specific number. The Company cannot he held responsible if the screening of a Film is no longer available. The Company reserves the right to cancel any screening of less than 5 minutes which has not been resumed for more than 48 hours, in order to make it available to other Users of the platform again. Screenings will be available by way of Streaming. Each Screening is strictly personal. In no circumstances may Screenings take place on a terminal or under conditions allowing collective viewing. Every Screening implies full and unconditional acceptance of these TCU.
5.3 The User acknowledges that the publishers have access to the name of the persons who watch the films.
6. Personal Data
When registering on the Site, the User will have to provide personal and confidential data, which will be used to identify all his/her connections and allow him/her to access his/her Account. Users’ personal data are collected by the Site essentially to permit the Site’s administration and proper functioning. Pursuant to the French statutory provisions (Law no. 2004-801 of August 6, 2004 amending the “informatique et libertés” Law of January 6, 1978), the collection and electronic administration of Users’ personal data have been declared to the French CNIL (Commission Nationale de l’Informatique et des Libertés). Users personal data might be communicated by the Company to its affiliates or parent companies (i.e. within the same group of companies, as this notion is defined by French law), or to technical partners of the Company (Internet hosting services etc.) in particular in order to allow a continuous User access to the Site. In any event, Users have a permanent right to access their personal data and to ask the Site’s webmaster at: email@example.com to modify them.
7. Intellectual Property Films and content available on the Site
The use of any Films and content available on the Site is subject to the provisions of article L. 122-5 1° and 2° of the French Code de la propriété intellectuelle, and in particular is strictly limited to private use. In particular, private use excludes any public or collective representation or broadcast of the Film. Any downloading, publication, loan, exchange, reproduction, duplication or transmission of all or part of the Films and their contents, are strictly prohibited. Users undertake to comply with the above conditions of use and statutory provisions. Any unauthorized use of the Films and contents available on the Site constitutes piracy and is punishable in accordance with the legal provisions governing intellectual property. The Site and all of its components, including without limitation: information, databases, software, visuals etc. are the exclusive property of the Company, which owns all of the author and neighboring rights and more generally any exploitation rights in relation thereto. Any alteration, use, reproduction, representation, commercial use or more generally any unauthorized use of the above elements is strictly forbidden and might generate legal proceedings. More generally all of the text, comments, works, illustrations, images, trademarks, logos, distinctive signs used within the Films and/or published on the Site are protected by intellectual property. All rights of reproduction, representation, broadcast, transmission etc. are strictly reserved to their authors and/or any rights holders on the same. Users undertake to comply with the above conditions of use and to refrain from any act of piracy. ArteKino, Moving Scope, ARTE acknowledge that ArteKino can protect the Films against any illegal reproduction or use, and might use any content protection technology. Users are aware that the said protection might cause restrictions of use, in particular as described in article 5 of these TCU. Users undertake not to alter or bypass the said content protection measures. “ArteKino” “Festivalscope.com” and “ARTE” and their logos are protected trademarks and/or distinctive signs. Users are prohibited from using in any way whatsoever the above elements without the express authorization of the Company. Compliance by Users with these provisions is an essential condition for the Company, which reserves the right to suspend, cancel and/or dismiss the Account of any Users who violate the said conditions, without prejudice to the right of the Company and of any rights holder concerned to seek relief and/or compensation in court for any loss suffered.
8. Video player
ArteKino uses the Moving Scope video player allowing the User to view the Programmes subtitled in the different language versions available on the platform. The Company geolocates access to the films in the different territories according to the availability of the rights so as to grant or deny access to the player. It is strictly forbidden to change these data and to deactivate these conditions of access to the films. It is also expressly forbidden to bypass, deactivate or modify the conditions of access.
According to the agreement with rights holders, the normal use of the video player, as authorized by these Terms and Conditions, allows the viewer to watch the Films by way of Streaming. It does not allow the viewer to permanently download the films offered by the video player. Consequently, saving all or part of the Programmes except as specifically provided by law is expressly forbidden.
Furthermore, the publication, provision to the public or communication to the public of a software, an application, a website etc., which makes it possible to bypass the normal operation of the video player, particularly in order to permanently download all or part of the Programmes, is prohibited.
The company will in no event be liable for any loss suffered by the User in relation to/caused by: - any technical incompatibility between the Films and the screening hardware/software used by the User; - any unavailability of the Site; - the unavailability of any Films on the Site; - any event qualifying as Force Majeure as defined by the case-law of the Cour de Cassation. Hypertext links on the Site may refer to other sites or information generated by third parties, which the Company does not control. The Company will in no event be held liable for the content published on the third party websites, in particular in the event that the said contents violate any third-party rights and/or applicable legal and regulatory provisions. The Company will use its best efforts to make sure that the Films and other contents available on the Site comply with applicable legal and regulatory provisions, in particular regarding intellectual property. However, the Company shall not be held liable in the event that the Films and or any other content published on the Site violate any third-party rights or the legal and regulatory legal provisions. The Company shall not be liable in any way whatsoever as regards the Contents published on the Site by Users, for which they shall be solely responsible. Finally, the contents published on the Site (Films, information, visuals, any content published by the Company, and all of the Contents published by the Users) may not be used in the courts or be used as a recommendation.
10. Contact, support, claims
For any question or claim regarding the Site you can contact the Company at: firstname.lastname@example.org
11. Applicable Law and Jurisdiction
These TCU are to be interpreted and construed in accordance with French law. Any dispute in relation thereto will be submitted to the Courts of Paris.