4.Access and Registration
5.Access to the Films
7.Intellectual Property Films and contents available on the Site
9.Contact, support, claims
10.Applicable Law and Jurisdiction
Moving Scope SAS (the "Company") publishes and operates the Internet Site Festival Scope Pro ("Festival Scope Pro", the "Site"). Festival Scope Pro is a B2B platform and aims at providing a better visibility to and creating distribution opportunities for films presented in Festivals. The present document describes the services proposed by Festival Scope Pro and sets out the rights and obligations of the Site's Members.
Festival Scope Pro 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 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 Téléphone : 0899 701 761
"Membership" (to “Become a Member”): the service offered by the Company on the Site, which enables registered Members to access the Site’s various functionalities including the on demand screening of the Film referenced on the Site. "Member": The Member who satisfies the requirements to Become a Member, who has registered on the Site. "Terms and Conditions of Use" (TCU): the present document. "Account": The account to be created by any Member wishing to Become a Member of the Site. The Account gives access to the User’s personal information and space on the Site. "Company": Moving Scope SAS. "Films": any audiovisual programs referenced on the Site (long features, short films, documentaries, works in progress etc.). "Site": the interactive electronic service operated by the Company and accessible at pro.festivalscope.com. "User": any user of the Site and Service, whether or not he is a Member. "Streaming": the continuous screening of a Film without any download (save for possible temporary download of technical information only aimed at synchronizing data and allowing a continuous screening of the Film. "Screening": the screening of Films referenced on the Site, by way of Streaming.
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 (search toolbar, recommended films etc), the User must Become a Member of the Site and irrevocably accept the present TCU. At any moment, MOVING SCOPE reserves the possibility to adapt or modify at any moment the present TCU. Once published online at the disposal of the Members, such modifications are immediately effective. Members 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. Technical Information is available in the “FAQ” page of the Site. All Users, Members in particular, are invited to make sure that their computer hardware and software are compatible with the Site and capable of fully benefiting of the Service. The User is the sole responsible of the proper installation and maintenance of its computer hardware and software. In no event shall the Company be held liable should the use of the Site cause any malfunction in such hardware/software, and/or if any of the Site’s Service(s) prove incompatible with the User’s hardware/software.
4.3. Registration to the Site, Use of the Service In order to access the Services offered on the Site, in particular the Screenings of Films, the User must Become a Member on the Site. In order to Become a Member of the Site, the User must fulfill the following conditions: Be over 18 years of age, Be a professional of the film industry, and justify of this quality pursuant to the prerequisites set out in the registration form. The User who wishes to Become a Member must fill out the registration form, which he/she undertakes to do faithfully. Any Member’s registration needs to be confirmed and the User approved by Festival Scope Pro before the User’s Membership can be effective. Festival Scope Pro will in particular verify that the User satisfies the Membership’s prerequisites. Festival Scope Pro can discretionarily refuse to approve the Membership of any User, which shall in no event give rise to any Users’ claims or any Festival Scope Pro liability whatsoever. The Member will be solely and entirely responsible for keeping confidential its connection data (e-mail, password, etc.) and keeping access to his/her Account private and personal. It is understood that the platform does not hold any password created by the Members and that members do not have access to each other’s emails through the platfirm. Any connection to his/her Account or transmission of data by the Member via the Site will be deemed to have been made by the User/Member, under its exclusive liability. He/She will in particular be liable for any (unauthorized) use of his/her Account by any third-party. The Member will immediately notify the Company in the event of that he/she becomes aware of an unauthorized access to his/her Account. If a Member has reasons to believe that his/her Login and/or password have come to the knowledge of unauthorized Third Parties or that Third Parties use the Services thanks to his Login and password, the Member must immediately modify the password required to access his/her Account. In case of loss of its Login and/or password, the Member registered to an Account can ask to reset his "password" in the login space of the Platform by clicking "password forgotten? ". Member will be asked for the email address entered in the Account creation form. Member will receive a hypertext link from which he/she will be allowed to generate a new password.
Membership fee and Payment: the Membership fee is that indicated on the Site on the day of the Member’s registration. Payment will be made by credit/debit card (carte bancaire) exclusively, through the secured online payment system offered by Credit Mutuel. The Membership is registered and confirmed upon receipt by Moving Scope of the confirmation that the payment is accepted.
Invoicing: Members may consult their invoices directly on their Account and print their invoices from this page.
Term and Renewal: TThe Membership enables the Member to access the entirety of the services offered by the Site, in particular the Screening of the Films referenced on Festival Scope Pro, this exclusively during their period of availability, and as long as the Membership is in force. In case of a yearly membership, it is the Member’s responsibility to renew its Membership upon expiry, in order to continue benefiting from the full Service. In case of a monthly membership, the membership is renewed automatically every month. Should the Member decide not to renew his / her monthly Membership, he / she shall just log in, go to his / her account on the platform and click on "Cancel My Membership" and the Membership will automatically be canceled from the following month onwards.
Withdrawal: Due to the nature of the Services, i.e. they are delivered immediately after consultation of the Platform, Service is starting before the end of the 14 (fourteen) days withdrawal period, and with the acceptance of the Members to duly relinquish its withdrawal right, in accordance with provisions of article L.121-21-8 of the French Consumer Law. Consequently, Members will not be able to use their withdrawal right. To stop the present commitments to the Platform, Members have the possibility to use dispositions of article 6.10– Termination and Account closing.
Refusal or Dismissal: The Company reserves the discretionary faculty to: - refuse the Membership of any User who does not (appear to) satisfy the prerequisites set out in the membership form, - suspend, or dismiss and cancel the Membership of any Member who has breached the present TCU, failed to comply with its obligations or undertakings, in particular failed to pay its periodic Membership fee. In any event, a) such refusal, suspension or dismissal will not give rise to any indemnification of the Member, and b) (any portion of) the Membership fee paid by the suspended or dismissed Member will remain the full property of the Company (no reimbursement – even partial). Digital Proof: You do acknowledge that the data registered on the Site constitute the valid and due proof of all the transactions entered into via the Site, and of the data transmitted through the Site. You do acknowledge that the digital proof has a full legal effect and in particular accept the electronic acceptance of the present TCU, materialized by the member's thick of the box “I have read and understood the terms and conditions” (the present TCU) at the end of the member's registration.
5.Access to the Films
5.1 Localization The Site is accessible from anywhere in the World. However geographical restrictions might limit your access to the Films depending on the Member’s country, and in conformity with the restrictions imposed by the Film’s rights holders.
5.2 Screenings Each Film can be screened once by the Member (with a faculty to suspend and resume the Screening once started but not completed). Film’s Rights holders may decide to expand screening to “unlimited viewing”. This option is an exception granted by Rights Holders directly upon invitation to screen the Film. Rights Holders manage their viewing rights and invitations. Invitations to screen film(s) can be sent by any rights holder to a Member or a Third Party by entering their e-mail addresses. Invitees receive an invitation that includes details about the viewing process. A personalized message can be added to the invitation. This possibility is limited to the period of availability of the Film on Festival Scope Pro, which is discretionarily decided by the Company, based in particular on the authorizations granted by the Films’ rights holders and the partnerships with the Festivals. The Screening of certain Films might be accessible only to certain categories of professionals Members, based in particular on the indications and limitations imposed by the Films’ rights holders. Screenings will be delivered in Streaming on the platform. Each Screening is strictly personal to the Member. In no event can the Screening occur on a terminal or in conditions permitting a collective viewing of the Film. Any Screening request requires and implies the full and express acceptance of the TCU.
5.4 The member acknowledges that rights holders have access to the name, surname and company of the persons who watch their films and can contact them. But by no means do the rights holders have access to the member's e-mail or other 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, Members accept the processing of their Personal Data within the frame of the present clause. MOVING SCOPE attaches great importance to the protection and security of Members data and ensures that no Personal Data will be commercialized to third parties.
6.2 To connect to his/ her Account, each Member must enter a log-in and password. The log-in is the professional email address of each Member. The data necessary to create a Membership are: Name, First name, e-mail, Company Name, Country of Professional activity. MOVING SCOPE may use this information, to
- Process invoices;
- Contact Members in the frame of the Service;
- Advise Members on customer advices and communicate information regarding MOVING SCOPE by e-mail;
- Permit Members to contact each other and use the Service. It is understood though that Members do not have access to each other email, but can be contacted through information on their screenings of films;
- Update the technical specs or appoint a subcontractor to do so;
- Store the Service and the Personal Data for purpose of running the Service;
- Permit B2B partners to access detailed screening information (rights holders (sales agents, producers, organizations) can access the screenings details on the platform as defined: film title, screening date, screening time, name and details of the Member(s) screenings). Rights holders may access such data only for the films which they represent. Festivals and organizations can access different screening data (anonymous);
- Establish service partnership with third party undertakings;
- Comply with legal requirements and regulations.
In connection with the above detailed aims, MOVING SCOPE shall to the necessary extent of providing its Service, be able to transfer the Personal data, internationally, to permit the Members to download the contact details of other Members, store the Services and the Personal Data related to it, permit MOVING SCOPE 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.
6.3 MOVING SCOPE 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 that MOVING SCOPE has no access to its Members’ passwords. MOVING SCOPE 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.
6.4 According to the law “informatique et liberté from January 6th 1978 as modified, and the EU Regulation 2016/679 of April 27th 2016, the Members 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 MOVING SCOPE. Members have a permanent right to access their personal data and ask the Site’s webmaster at: feedback (at) festivalscope.com to modify them. Members can access their personal data directly on the Site, by accessing the page "MY INFO" in their Account ("MY SCOPE"). Members may also, for legitimate reasons, oppose the processing of their personal data. To learn more about their rights they may visit CNIL web Platform. Such opposition may result in the inability to use the Services. Members may write to oppose to the processing of their personal data at following address: MOVING SCOPE 59 rue de la Fontaine au Roi, 75011 Paris, France.
6.5 Members acknowledge that in case of damages suffered in connection with the use by MOVING SCOPE of their Personal Data, these shall be limited according to the liability clause of article 9 of the present TCU.
6.6 MOVING SCOPE communicates Members 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 MOVING SCOPE and who are committed to data protection regulations as MOVING SCOPE is; Transfer to subcontractors who are in charge on behalf of MOVING SCOPE 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 MOVING SCOPE shares; In the framework of legal obligations.
6.7 When recommended by law, in case of communication of Personal Data to subcontractors in the frame of the present article, MOVING SCOPE establishes 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.
6.9 Members agree to receive communications and commercial offers on services supplied by Festival Scope Pro 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.
6.10 Termination-Account Closure. Thirty (30) days prior the term of the Membership, Member is advised of the proximity of such term by a visual signal, in the “ MY ACCOUNT” zone. At the term of the membership, Member understands that MOVING SCOPE may suppress all information and data saved in its Account within 5 (five) days.
A Member cannot close his/her Account without terminating its membership. It is agreed that payments for the pending period shall stay definitely acquired, and shall not in any case be reimbursed, and the Member shall continue to pay its membership until the term of the pending period.
7.Intellectual Property Films and contents available on the Site
The use of any Films and contents 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 strictly limited to a private use. A private use in particular excludes any public or collective representation or broadcast of the Film. Downloads, editing, loan, exchange, reproduction, duplication, transmission of the Films and contents, either partial or integral are also strictly prohibited. Members do undertake to comply with the above conditions of use and statutory provisions. Any unauthorized use of the Films and contents available on the Site do constitute a “piracy” and 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. Members undertake to comply with the above conditions of use and to refrain from any act of piracy. Festival Scope Pro, Moving Scope, festivalscope.com Members do acknowledge that Festival Scope Pro can protect the Films against any illegal reproduction or use, and might use any content protection technology. Nevertheless, no method of transmission over the Internet, or method of electronic storage, is 100% secure and therefore cannot guarantee its absolute security. Members are aware that the said protection technology might cause restrictions of use, in particular as described in article 5 of the present TCU. Members do undertake not to alter or bypass the said content protection measures. "Festival Scope Pro" "festivalscope.com" and "Moving Scope" and their logos are protected trademarks and/or distinctive signs. Members are prohibited from using in any way whatsoever the above elements without the express authorization of the Company. Compliance by the Members of the present provisions an essential condition for the Company, which reserves the right to suspend, cancel and/or dismiss the Account of any Members who would violate the said conditions. This being without prejudice to the Company and any concerned rights holders’s faculty to seek relief and/or indemnification of its prejudice in court.
8.Rights holder approval
It is understood that the rights holder(s) of the film(s) presented have agreed in writing to the screening of their film(s) according to the terms and conditions specified. Such authorization is given by filling an online approval form and electronically signing it. Such approval comprises of these online screenings and also includes the promotion of these screenings (including and not limited to via newsletters, mailings, social networks). In this respect, is granted the right to use photos, one sheet, extracts (in the strict limit of 3 minutes) when for the promotion of the film on Festival Scope and Festival Scope Pro. Rights holder understand that any Member’s data they can access in the frame of the Festival Scope Pro service is strictly limited to their own professional use and by accepting these TCU abide by the law in this respect (RGPD law quoted above).
The company will in no event be liable for any prejudice suffered by the Member in relation to/ caused by: - any technical incompatibility between the Films and the screening hardware/software used by the Member; - any unavailability of the Site; - the unavailability of any Films on the Site; - any event qualifying as Force Majeure as defined by Case Law (Cour de Cassation) Hypertext links on the Site might 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 would 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, regarding in particular 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 would 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 the Members, for which they shall be the sole responsible. The contents published on the Site (Films, information, visuals, any content published by the Company, and all of the Contents published by the Members) will finally not constitute facts on which any one shall base its judgment or use as recommendation.
10.Contact, support, claims
For any question or claim regarding the Site you can contact the Company at: feedback (at) festivalscope.com. MOVING SCOPE reserves its right to modify or improve the Platform at any time. Such changes will come into effect as soon as they are published online.