Felhasználási feltételek

1. Purpose

The ArteKino Fondation, ARTE France Cinéma and 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.

2. Publisher

ArteKino is published by the ArteKino Fondation. 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

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

ArteKino is also 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.

Internet Hosting Service: SAS OVH, 2 rue Kellermann – 59100 Roubaix – France Telephone: 0899 701 761

3. Definitions

“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”: The ArteKino Fondation, ARTE France Cinéma and 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 ArteKino, 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. The User is entitled to ask the publishers to erase these informations if and when the User wishes so.

6. Personal Data

6.1 The personal data files of the Platform are handled carefully in compliance with the applicable regulations. By using the Service, and subscribing an Account, Users accept the processing of their Personal Data within the frame of the present clause. The Publishers attach great importance to the protection and security of Users data and ensures that no Personal Data will be commercialized to third parties.

In connection with the above detailed aims, The Publishers shall to the necessary extent of providing its Service, be able to transfer the Personal data, internationally, to store the Services and the Personal Data related to it, permit The Publishers or its subcontractors to update the technical specifications of the Platform, enter into partnerships with Third party services within the frame of the applicable regulations.

6.2 the Publishers complies with appropriate measures to industry standards to protect Users personal data. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure and therefore cannot guarantee its absolute security. It is understood that the Publishers have no access to their Users’ passwords. The Publishers shall notify to the regulatory body CNIL according to article 33 and 34 RGPD in case a breach of security has been identified within the personal data process.

6.3 According to the law “informatique et liberté’ from January 6th 1978 as modified, and the EU Regulation 2016/679 of April 27th 2016, the Users have the right to access and modify their personal Information, they may access and receive in a currently used format their own information through a request to The Publishers. Users have a permanent right to access and modify their personal data and ask the Site’s webmaster at: info@artekino.com to modify them. Users can access their personal data directly on the Site, by accessing the page "MY INFO" in their Account. Users may also, for legitimate reasons, oppose the processing of their personal data. Users have also a right to cancellation (right to be forgotten), a right to define guidelines applicable after death, a right to limitation of treatment, a right to portability.  To learn more about their rights they may visit CNIL web Platform : https://www.cnil.fr/ . Such opposition may result in the inability to use the Services. Users may write to oppose to the processing of their personal, data use their right to cancellation, to define guidelines after death, and to the limitation of treatement at following address: MOVING SCOPE 59 rue de la Fontaine au Roi, 75011 Paris, France.

6.4 Users acknowledge that in case of damages suffered in connection with the use by The Publishers of their Personal Data, these shall be limited according to the liability clause of article 9 of the present TCU.

6.5 The Publishers communicate Users data in the following cases : Transfer to sister or mother companies, that would be subject to the present ToU, or enforce dispositions that have at least the same level of protection; Transfer to the B2B partners having concluded a contract with the Publishers and who are committed to data protection regulations as the Publishers are; Transfer to subcontractors who are in charge on behalf of the Publishers of carrying services such as orders of equipment, payments (credit card), processing of late payments, customers services or data processing; Transfer in case of company restructuring such as merger and acquisitions and transfer of important part or all of the Publishers shares; In the framework of legal obligations.

6.6 When recommended by law, in case of communication of Personal Data to subcontractors in the frame of the present article, the Publishers establish a precise contract in compliance with the EU commission decision (2010/87/EU) pursuant to standard clauses for personal data transfer to third party countries located subcontractors.

6.7 The Platform may allow the Users to share some contents of the Platform on Third Party Services, and in particular on social networks. Sharing with the Third Party Services some information published by the platform requires usually from Users to accept the terms of use of these Third Parties Services and possibly to share with Third Parties Services some information communicated to the Publishers. This connection to Third Party Services is not part of the responsibility of the Publishers and Users connect at their own risks and according to the terms of use and services of the Third Party Services. Users understand notably that Third Party Services will be able to collect information about them and about their use of the Platform if they share some content on their services and notably links to the Platform.

6.8 Members who have opted in agree to receive communications and commercial offers on services supplied by The Publishers by any means and notably by e-mail. Members may receive also a newsletter on the e-mail address they have entered in their Account. It is understood that Members will be able to opt out from any electronic communications sent such as newsletters if they wish to by clicking on « unsubscribe » shown at the end of each electronic communication.

6.9 Termination-Account Closure. User has the right to request to the Publishers that his/ her account may be deleted, along with all relevant information attached to it. User understands that the Publishers may suppress all information and data saved in its Account within 5 (five) days of the request. The Publishers will also delete the email address of the said User from its database of newsletters. 

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.

9. Liability

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: info@artekinofestival.com

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.