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. Festival Scope also presents online screenings as “test screenings”, in which case its activity (B2B2C) is known and understood as such by the registered users. 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. Once published online at the disposal of the Members, such modifications are immediately effective. 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. It is understood that the platform does not hold any password created by the Users and that users do not have access to each other’s emails through the platform. 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. If a User 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 User must immediately modify the password required to access his/her Account. In case of loss of its Login and/or password, the User registered to an Account can ask to reset his "password" in the login space of the Platform by clicking "password forgotten? ". User will be asked for the email address entered in the Account creation form. User will receive a hypertext link from which he/she will be allowed to generate a new password. 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, and due to the nature of the service, 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. 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
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. MOVING SCOPE attaches great importance to the protection and security of Users data and ensures that no Personal Data will be commercialized to third parties.
6.2 To connect to his/ her Account, each User must enter a log-in and password. The log-in is the email address of each User. The data necessary to create an account are: Name, First name, e-mail , Country of residence. Additional information maybe we requested but not mandatory: Professional Activity, Region, Gender, Age group. This additional information are requested in the frame of the platform that is a B2B2C platform: the users screen films (mostly for free) MOVING SCOPE collects screening information on behalf of its partners. The screening data transferred to partners does NOT include the name, First Name, email of the Users. Such data remain ANONYMOUS.
Users can be contacted in the circumstances below:
- Contact Users in the frame of the Service;
- Advise Users on customer advices and communicate information regarding MOVING SCOPE by e-mail (It is understood that the “Opt in “system is set in place hence from May 25th 2018, the User will have specifically approved the inclusion of his/her email address to Festival Scope mailing list). The User may “unsubscribe” at any time from the newsletter (at the bottom of the newsletter) as described below.
- For the Scope100 Users: each user will have previously approved with each of the local distributor (recruiter of the Scope100 community), the specific conditions to participate to the Scope100 project: screening a pre defined number of films, rating the films, discussing the films on the platform and in meetings. Such data are not anonymous. It is understood that Scope100 members, as festival Scope members, accept to receive notifications, informations about the Service.
- For (Foreign) Students International Award: each user / student will have previously approved with the organizer of this award (Unifrance Films) the specific conditions to participate to the Students International Award project: screening a pre-defined number of films, rating the films, writing about the films. Such data are not anonymous. It is understood that Students International Award user / student, as festival Scope members, accept to receive notifications, informations about the Service.
- 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 (Rights Holders, only for the films they represent, / Festivals and organizations) to access detailed screening information as defined: film title, screening date, screening time, country and other details) All these screening data remain 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 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 Users’ 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 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 MOVING SCOPE. Users have a permanent right to access and modify their personal data and ask the Site’s webmaster at: feedback (at) festivalscope.com to modify them. Users can access their personal data directly on the Site, by accessing the page "MY INFO" in their Account ("MY SCOPE"). Users 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. Users 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 Users 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 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 MOVING SCOPE (as defined above in clause 6.2) 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. User has the right to request to MOVING SCOPE that his/ her account may be deleted, along with all relevant information attached to it. User understands that MOVING SCOPE may suppress all information and data saved in its Account within 5 (five) days of the request. MOVNIG SCOPE will also delete the email address of the said User from its database of newsletters. A User 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 User shall continue to pay its membership until the term of the pending period.
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. 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. 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 (including and not limited to newsletters, social networks, emailings). In this respect, is granted the right to use photos, one sheet, extracts (in the strict limit of 3 minutes) when and strictly for the promotion of the film on Festival Scope(which promotion can be done by Festival Scope itself or its chosen dedicated partners).
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
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
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.