Terms & Conditions
Moving Scope SAS (the "Company") publishes and operates the Internet Site Festival Scope ("Festival Scope", the "Site"). Among other activities, Festival Scope aims at providing a better visibility for a selection of films presented at its Partner Festivals by making them available for public online screenings for a limited duration and a limited number of viewings. The present document describes the subsidiary services proposed by Festival Scope in this context and sets out the rights and obligations of the Site's Users.
Festival Scope 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 Telephone: 0899 701 761
"Registration" (to “Register”): 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): the present 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 programs referenced on the Site (long features, short films, documentaries, etc.). "Site": the interactive electronic service operated by the Company and accessible at https://www.festivalscope.com/ "Visitor": any visitor of the Site and Service, whether or not he/she is a User. "Streaming": the continuous screening of a Film. "Screening": the screening of Films referenced on the Site, by way of Streaming. “Virtual Ticket”: a ticket granting access to a single Screening of a Film referenced on the Site.
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 the present 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 Technical Information is available in the “FAQ” page of the Site. Technical Information is available in the “FAQ” page of the Site. All Users, 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 his/her 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, 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. Festival Scope can discretionarily refuse to approve any User, which shall in no event give rise to any Users’ claims or any Festival Scope 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 to the service the User accepts to receive information from Festival Scope about new contents added to the Site.
4.4 Purchases and Payment: Once a Visitor has created an Account, he/she can book or purchase Virtual Tickets to screen a Film referenced on the Site. Payment for virtual tickets will be made by credit/debit card , through the secured online payment system “MoneticoPaiement” of Credit Mutuel CIC or by the PayPal Express Checkout system. The purchase is registered and confirmed upon receipt by Festival Scope of the confirmation that the payment is accepted. Tickets for certain films may be booked for free.
4.5 Refusal or Dismissal: The Company reserves the discretionary faculty to: suspend, or dismiss and cancel the User who has breached the present TCU, failed to comply with its obligations or undertakings. In any event, a) such refusal, suspension or dismissal will not give rise to any indemnification of the User, and b) (any portion of) the Virtual Ticket fee paid by the suspended or dismissed User will remain the full property of the Company (no reimbursement – even partial).
4.6 No Refund Policy: It is understood that as a small business owner, Moving Scope SAS is entitled to use its right to establish a no-refund policy. Hence no chargeback requested by any User to its Bank will be allowed.
4.7 Digital Proof: The User acknowledges 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. The User acknowledges that the digital proof has a full legal effect and in particular accepts the electronic acceptance of the present TCU, materialized by the User's tick of the box “I have read and understood the terms and conditions” (the present 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 your 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 book a single Virtual Ticket for each Film, granting a single Screening (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, which is discretionarily decided by the Company, based in particular on the authorizations granted by the Films’ rights holders and partner Festivals. The booking of tickets / films is limited to a specific number, hence the Company should not be held responsible should all the tickets be fully booked for a specific film(s). Screenings will be delivered in Streaming. Each Screening is strictly personal to the User. 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 The User acknowledges that the Partner (Festival, Film Lab, distributor…) or the Rights Holder can have access to the name, profile and specific screening data of the persons who watch their 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 any User’s connections and allow the User 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 (loi n° 2004-801 of August 6, 2004 modifying the loi “informatique et libertés” 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, Google Analytics or any other analytics engine 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 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 strictly limited to a private use. A private use in particular excludes any public or collective representation or broadcast of the Film. Unauthorized copies, editing, loan, exchange, reproduction, duplication, transmission of the Films and contents, either partial or integral are also strictly prohibited. Users do undertake to comply with the above conditions or 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. Users undertake to comply with the above conditions of use and to refrain from any act of piracy. Festival Scope, Moving Scope, Festivalscope.com Users do acknowledge that Festival Scope 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 the present TCU. Users do undertake not to alter or bypass the said content protection measures. "Festival Scope" "Festivalscope.com" and "Moving Scope" 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 the Users of the present provisions an essential condition for the Company, which reserves the right to suspend, cancel and/or dismiss the Account of any Users who would violate the said conditions. This being without prejudice to the Company and any concerned rights holder’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.
The company will in no event be liable for any prejudice 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 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 Users, 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 Users) 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: firstname.lastname@example.org
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.