Terms and Conditions

GENERAL TERMS AND CONDITIONS OF USE OF THE ARTE KINO FESTIVAL WEBSITE

1. Foreword

The ArteKino website (hereinafter referred to as the “website” or the “ARTEKINO website”) is intended, among other things, to give greater visibility to a selection of films presented at prestigious festivals by allowing audiences to view them online for a limited period. This document (hereinafter referred to as “GTCUs”) defines the general terms and conditions of use of the ArteKino website and services offered on it. The current applicable GTCUs are those reproduced on the Website. They can be modified at any time by ARTE France CINEMA and by MOVING SCOPE in order to adapt them, in particular to technical and/or legal developments. These modifications are brought to the User’s attention by simply putting them online. Under these circumstances, the latest version of the GTCUs should be consulted regularly. They are deemed as accepted without reservation by any User who accesses the Website.

2. Web Editors and Host

The ArteKino website is edited by ARTE France CINEMA SA and by MOVING SCOPE SAS.

The offices of ARTE France CINEMA are located at 8 Rue Marceau, 92130 Issy les Moulineaux, France.

Olivier Père (Managing Director) represents ARTE France CINEMA.

The offices of MOVING SCOPE SAS are located at 59 rue de la Fontaine au Roi, 75011 Paris, France.

Alessandro RAJA (President) and Mathilde HENROT (Managing Director) represent MOVING SCOPE.

Website Hosting:

Website Hosting: SAS OVH,
2 rue Kellermann, 59100 Roubaix, France
Phone: +33 8 99 70 17 61

3. Definitions

In the GTCUs, the terms referred to below shall have the following meaning:

“Service”: the service offered on the Website that allows registered users to access the various features of the Website, including ordering and viewing films referenced on the Website free of charge.

“User”: the person who registered on the website.

“General Terms and Conditions of Use” (GTCU): this document.

“Account”: the account that any User of the Website must create. The account allows the User to access his or her personal space on the website, which contains the films he or she has ordered free of charge.

“Films”: any audio-visual or cinematographic work on the website (feature films, short films, documentaries, etc.).

“Website”: the electronic service, in its web, mobile and tablet version accessible by the User at the following URL address https://www.artekinofestival.com and/or any address that may be added to or substituted for it.

“Viewing”: viewing streaming films listed on the website.

“Virtual Ticket”: a ticket that gives the right to watch a film listed on the Website one time.

“Vote”: an online vote on the Website to rate each film from 1 to 5.

4. Service Access and Registration

4.1 Access: The Service is available on the Website. If the User wishes to watch Films and access the various features of the Website, the User must accept these GTCUs. Website access is permanent, except during periodic maintenance and updates of the Website’s servers that may cause occasional and temporary interruptions.

4.2 Registration on the Website and Using the Service: to access the service provided on the Website, in particular to watch films, registration is mandatory. Anyone who wishes to become a User must duly complete a registration form. ARTE France CINEMA and MOVING SCOPE reserve the right to refuse any application for registration. Such a refusal may under no circumstances result in a claim or engage ARTE France CINEMA’s or MOVING SCOPE’s liability in any way whatsoever. ARTE France CINEMA and MOVING SCOPE are not bound by any performance guarantee with regard to the Website’s operation and the availability of Films. The User is fully and solely responsible for maintaining confidentiality of his or her login data (email address, password, etc.) and access to his or her private and personal account. Any connection to his or her account or transmission of data by the User via the Website shall be deemed as having been made by the User and is the User’s sole responsibility. In particular, the User is liable for any (unauthorized) use of his or account by a third party. If the User notices that his or her account has been subject to unauthorized access, the User shall immediately notify ARTE France CINEMA and MOVING SCOPE at the following address: info@artekinofestival.com.

4.3 Account Deactivation or Deletion: ARTE France CINEMA and MOVING SCOPE reserve the right to block, deactivate or delete the account of a User who has violated these GTCUs, or failed to fulfil his or her obligations or commitments. In any event, a refusal, deactivation or deletion of the User’s account does not entitle the User to any compensation.

4.4 Digital Proof: The user acknowledges that the data recorded on the website constitutes admissible and valid proof of any transactions made on the Website, as well as of all data transmitted via the Website. The User acknowledges that the digital proof has full legal effect and in particular accepts the electronic validation of these GTCUs, substantiated by the User by ticking the box “I declare that I have read and understood the stated terms and conditions” (these GTCUs) at the end of the User’s registration form.

5. Access to Films

5.1 Localisation: The Website is accessible from anywhere in the world. Nevertheless, geographical restrictions limit access to User Films depending on the country, and due to restrictions imposed by the holders of the film’s rights.

5.2 Viewing : Each User may only order one virtual ticket per Film. the ticket entitles the User to 24 (twenty-four) hours to start watching a Film and the User has 24 (twenty-four) hours to watch the Film. This possibility is limited to the period of availability of the film on the ArteKino Website, decided arbitrarily by ARTE France CINEMA and MOVING SCOPE who base their decisions in particular on the authorizations granted by the film’s rights holders. Ticket/ Film orders may be limited to a specific number. ARTE France CINEMA and MOVING SCOPE cannot therefore be held liable if all tickets for a Film have been ordered. Viewing is available via streaming. Each viewing is strictly individual. Under no circumstances may viewing be carried out on a terminal or under conditions allowing group viewing. Any viewing implies the full and complete acceptance of the GTCUs.

6. Personal Data Protection

6.1 The Website’s personal data files are carefully processed in accordance with the regulations in force concerning the protection of personal data and in particular the provisions of the amended “Data Protection Act” (Act No. 78-17 dated January 6, 1978 on “Data Processing, Data Files and Individual Liberties”) and the GDPR (European Parliament and Council Regulation 2016/679 dated April 27, 2016 on the protection of individuals with regard to personal data processing and the free movement of such data).

For further information on personal data protection, the User is asked to visit the Personal Data Protection Policy page of the ARTEKINO FESTIVAL website.

For further information on the use of cookies, the User is asked to visit the Cookie Policy page of the ARTEKINO FESTIVAL website.

7. Intellectual Property of the Films and Content Available on the Website

The use of any Film and content available on the Website is subject to the provisions under Article L. 122-5 1° and 2° of the French Intellectual Property Code, and is in particular strictly limited to personal use. Such personal use especially excludes any public or collective projection or broadcasting. Any download, publication, loan, exchange, reproduction, duplication or broadcasting in whole or in part of the Film and its contents is strictly prohibited. Users agree to comply with these GTCUs and the legal provisions. Any unauthorized use of the Film and its content available on the Website constitutes piracy and a criminal offense, in accordance with the provisions governing intellectual property. The Website and all its components, including, without limitation – information, databases, software, visuals, etc. are protected by the intellectual property rights owned by the website’s editors.

Any modification, use, reproduction, representation, commercial use or, more generally, any unauthorized use of the aforementioned elements is strictly prohibited and may result in legal action. More generally, all texts, comments, works, illustrations, images, registered trademarks, logos, and distinctive symbols appearing in the Films and/or published on the Website are protected by intellectual property law. All copyright, representation, broadcasting, replay, etc. rights are strictly reserved to their authors and/or rights holders. Users agree to comply with the GTCUs and to refrain from any hacking. In order to protect Films against any unlawful copying or use, the ArteKino Website may use content protection technology. Users are aware that this protection may result in restrictions on use, such as those referred to in Article 5 of these GTCUs. Users agree to neither alter nor circumvent the aforementioned protection measures.

“ArteKino”, “Festivalscope.com” and “ARTE”, as well as their logos are protected trademarks and/or distinctive symbols. Users are prohibited from using in any way whatsoever the aforementioned items without the express authorization of their owners.

Compliance with this article is an essential condition of the GTCUs. ARTE France CINEMA and MOVING SCOPE reserve the right to block, deactivate or delete the account of any User who violates these GTCUs, without prejudice to any legal action for damages.

8. Video Player

The ArteKino Website uses a video player that allows the User to watch Films in different language versions available on the Website. The video player geolocates access to films in various territories according to the availability of rights. Modifying this data and deactivating the conditions for access to the Films is strictly forbidden.

The video player is copyrighted software and must be used as provided. Any modification, adaptation, deletion, decompilation or reverse engineering of the Player, its features or its appearance is expressly prohibited.

In accordance with the contractual stipulations provided for with the rights holders, normal use of the Player, as authorized by these GTCUs, allows the user to watch the Films via streaming. It does not allow available films to be permanently downloaded by means of the Player. Consequently, any saving of all or part of the Films that does not fall within the scope of a legal exception is expressly prohibited. Likewise, we hereby remind you that publishing, making available or conveying software, an application, a website, etc. to the public making it possible to bypass the normal use of the Player, in particular in order to permanently download, is not authorized.

9. Viewer’s Award

The winner of the Viewer’s Award (a trip to the Locarno Film Festival, in Switzerland in 2021, including transportation from your place of residence and accommodations on site) will be selected at random, at the end of the Festival, i.e. after December 31, 2020, from among those who registered on the Website who have watched and voted for a maximum of films among the 10 films.

The random drawing will be attended by a bailiff from January 1, 2021 at Moving Scope’s premises in Paris.

10. Liability

10.1 By using the Website and/or Films, the User shall ensure that he or she has the ability, equipment and software adapted to safely use the Website and/or Films and more generally the Internet. The User is fully aware of and assumes the distinctive features of the Internet and its use, in particular the limitations related to technical performance, response time and risks related to communications security.
ARTE France CINEMA and MOVING SCOPE shall not be liable for compensation for immaterial and/or material damage suffered by Users and/or third parties, of any kind and for which it has not been proven that the actions of ARTE France CINEMA and MOVING SCOPE are at the origin of the damage.

10.2 ARTE France CINEMA and MOVING SCOPE do not guarantee that the Website and/or Films will be free of anomalies, errors or bugs, or that they will operate without failure or interruption. In this respect, ARTE France CINEMA and MOVING SCOPE may freely determine any period of unavailability of the Website and/or Films, for technical reasons, to improve services offered or to optimize their use.
Unless otherwise provided by public policy, ARTE France CINEMA and MOVING SCOPE may not be held liable for any malfunction of the Website, Films, the internet network or service interruption, regardless of their nature and duration.

10.3 Loss of Data, Viruses, Hacking
Likewise, ARTE France CINEMA and MOVING SCOPE may not be held liable for damage resulting from the use of the Website, Films and the Internet network such as data loss, hacking, viruses or other involuntary issues, unless it has been proven that ARTE France CINEMA and MOVING SCOPE have failed to comply with their obligation to ensure data security by appropriate means. In any event, ARTE cannot be held liable for damage caused by force majeure.

10.4 Connection and Communication Costs
ARTE France CINEMA and MOVING SCOPE shall not be liable for connection costs, and in general, any communication costs incurred by accessing and using the Website and/or Films.

11. Contact, Technical Support, Complaints

If you have any questions or complaints concerning the Website, please contact: info@artekinofestival.com

12. Applicable Law and Jurisdiction

These General Terms and Conditions of Use are subject to French law.

The French version of the General Terms and Conditions of Use shall prevail.

In the event of a dispute, the French courts shall have sole jurisdiction.

For Users acting as professionals, disputes arising from the interpretation or application of these General Terms and Conditions of Use shall be submitted to the courts in Paris with jurisdiction.

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