Terms and Conditions

1.Purpose
2.Publisher
3.Definitions
4.Access and Registration
5.Access to the Films
6.Personal Data
7.Intellectual Property Films and contents available on the Site
8.Liability
9.Contact, support, claims
10.Applicable Law and Jurisdiction

 

1.Purpose
Moving Scope SAS (the "Company") publishes and operates the Internet Site Festival Scope Pro ("Festival Scope Pro", the "Site"). Festival Scope Pro 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.

2.Publisher
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

3.Definitions
"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
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 Become a Member of the Site and irrevocably accept the present TCU. The Company may update the TCU at any time and 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. 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. 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 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. 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.

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 Festival Scope of the confirmation that the payment is accepted.

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.

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). 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. 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. 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.
5.3 Access to and use of interactive functionalities.  The Site will offer interactive services to its Members, enabling them, depending on their status and authorizations: to invite members to watch Films, to contact rights holders, publicists, directors, and more generally other Members so as to exchange information, write about the Films, create playlists, provide feedbacks on the Films to rights holders, access reports about the Screenings of the Films, etc. Messages are sent through the Site by one Member to another. The recipient will receive the message sent to him/her in an e-mail sent through the Site. In no event will the Members’ e-mail addresses or personal data be revealed on the Site. Users do accept the above terms of use. Site Members are responsible for the entirety of the elements, information, messages, and other contents (together the “Contents”) that they might publish on the Site, under any applicable law and regulations, in particular as regard public order, intellectual property in any country. Site Members in particular undertake to: Refrain from publishing any Contents that might violate any third-party’s rights, be contrary to the public order, be of defamatory or insulting nature, or incite to any kind of violence, racism, hatred, discrimination based on sex, age, sexual preferences, or, more generally present an illegal nature of any kind whatsoever, under any applicable law or regulation whatsoever; Refrain from publishing or recommending any site, hyperlink or more generally any content which do present or publish contents of illegal nature, as above described, or be contrary to the purpose of the Site (ex: Internet sites encouraging piracy directly or indirectly) Use the Services and the Site in conformity with their destination, as described in the present TCU; Refrain from transmitting Contents that violate anyone’s privacy, refrain form divulging any party’s personal and private data; Refrain from publish Content of promotional or advertising nature (no promotion/advertising of goods or services).
5.4 The member acknowledges that rights holders have access to the name 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.

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6.Personal Data
When registering on the Site, the Member will have to provide personal and confidential data, which will be used to identify any Member’s connections and allow the Member to access its Account. Members’ personal data are collected by the Site essentially to permit the Site’s administration and proper functioning. Pursuant to the French statutory provisions (loi n° 2004-801 of August 6, 2004 modifying the loi “informatique et libertés” of January 6, 1978), the collection and electronic administration of Members’ personal data have been declared to the French CNIL (Commission Nationale de l'Informatique et des Libertés). Members 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 Member access to the Site. In any event, 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").

 


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. Members are aware that the said protection 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. 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.


9.Liability
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


11.Applicable Law and Jurisdiction
The present 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.