Shortfilmwire General Terms of Use and Service

Version dated 30.12.2020

Notice: Please read these general terms of use and sale for the services offered by SAUVE QUI PEUT LE COURT METRAGE (SQP) carefully.
These General Terms of Service, hereinafter referred to as the "GTS," describe the general terms of use and sale for SQP Services. Access to SQP Services implies your full acceptance of the provisions set forth in these GTS and the guarantee and liability limitations provided hereunder.
You acknowledge that these GTS are as binding as any other written agreements you have signed. If you do not accept the terms of these GTS, your access to and/or use of SQP Services shall be prohibited.
These GTS may be modified by SQP at any time, depending in particular on changes to its Website and/or its Services and/or applicable law. In such case, SQP shall notify the User by a notice displayed on the Website.

1. Définitions

As used in these GTS, the terms below shall have the following meanings, whether in plural or singular form:

"Subscribers": refers to the Professional Users subscribed to SQP Services

"SQP Catalogue" refers to the Short Film Market catalogue, accessible in digital format via the Website

"User" refers to any person wishing to access the Website and be provided with a Private Page. Certain Services are paid, and are restricted to credentialed Audio-visual Professionals only.

"Private Page" refers to the private page provided for a User of the SQP Website and accessible exclusively by them, protected by a user name and password.

"Contact Information" refers to data held concerning individuals registered on Film Datasheets or Participant Forms

"Participants" refers to all Professionals participating in the current year's Festival; it is specified that if events occur rendering it impossible for the festival to be held physically, and/or limiting access thereto - such as the current health crisis or any other Force Majeure event - participation may be virtual or remote.

"Datasheet" refers to the datasheets presenting each Film and providing identifying details for the Film, including but not limited to Contact Information for the coordinator, director, producer, and sales contact person for the film.

"Films" refer to the short cinematic works included among the entries in the SQP catalogue

"Editor" or "SQP" refers to the association SAUVE QUI PEUT LE COURT METRAGE, an association under the Law of 1901 headquartered at 6, Place Michel-de-l’hospital - 63058 Clermont-Ferrand Cedex 1 –France - TVA FR 01323874040

"Services" refers to the services provided by SQP via its Website. These services include but are not limited to the following, with the limitations stipulated herein:
- Provision of a User Space
- Provision of the full SQP Catalogue, covering all editions - it is specified that Films may be withdrawn if requested by the rights holder
- Provision of Datasheet Contact Information covering all editions, subject to consent
- Establishment of an internal messaging system
- Live streaming and replay access to all professional events held during the current year's Festival
- Access to online viewing of all Films in the Catalogue of the current edition until 31 December of the current year if access for viewing has been granted by the rights holder.
- Access to Participants' Contact Information, covering all editions, subject to their consent
- Access to advanced search modules for Contact Information and Films

"Website": refers to the infrastructure developed by or for SQP accessible at https://www.shortfilmwire.com/, published by SQP in computer formats usable via Internet comprising various data, including but not limited to text, audio, still or moving images, video, and databases owned or legally operated by SQP.

"Audio-visual Professionals" refers exclusively to film boards; support funds; TV Broadcasters; SVOD/VOD Platforms; Cinema Operators; Online Services; public institutions; Performers; Composers; Distribution/Sales professionals; Festival Agents; Film Schools; visual literacy organizations; the Film Festival; the technical equipment industry; film and media libraries -procurement profiles; film industry organizations; the audio-visual market; the Press; Creative industries (advertising, public relations); Directors, Screenwriters; Technicians (editor, chief operator, etc.), support structures (residencies/labs)

2. Purpose:

The purpose of these GTS is to describe the rights and obligations of Users and Subscribers in regard to the Services to which they subscribe.

By creating a Private Page, various Services offered by SQP may be obtained. Some of these Services are accessible free of charge with no further conditions; for other Services, called Shortfilmwire+ and reserved for Audio-visual and Cinema Professionals, fees apply.

SQP emphasizes that its only role is to provide Users and/or Subscribers with web communication resources and has no part in any discussions or relations that subscribers may engage in with one another after entering into contact by means of the resources provided on the Site.

The Services presented on the SQP site, likewise, are not to be considered on-demand audio-visual media services, since the audio-visual content is a secondary element, and its sole purpose is not to supply or distribute audio-visual content created by private users for purposes of sharing and exchange within communities of interest.

SQP makes no guarantee to the Subscriber for any sale, agreement or transaction of any kind made with any other Subscribers and/or Contact Persons listed.

Users and Subscribers furthermore recognize and accept that access to the Catalogue, Datasheets, and Films may be subject to certain use and/or access restrictions that may vary over time and may be outside the control of SQP, which cannot be held liable for these restrictions (including but not limited to withdrawal of consent by rights holders, legislative changes, etc.).

3. Website access conditions - Registration

Website access is open and free of charge, with the exception of Services requiring prior registration.

In order to subscribe to said Services (free and paid), the User must first accept these GTS and create a Private Page.

Only individuals qualified under the law and applicable regulations to enter a contract and be bound by it may use the Services offered by the Website. Minors under EIGHTEEN (18) years of age may not access the Website's services except under the supervision of a person with parental or tutelary authority (adult parent, father, mother, guardian, legal representative, etc.). In such case the accountable adult will be solely and fully liable for any act committed on the Website by the minor.

Paid Services, known as "shortfilmwire+", are accessible exclusively by Audio-visual Professionals, and SQP reserves the right to verify the professional qualifications of persons creating a Private Page.

3.1. Advance registration

Internet users will be asked to provide certain personal information, some of which is required for registration to continue. These include in particular an email address, username, profession, position, primary activity, landline and mobile phone numbers, company name and a password chosen by the Internet user. If this mandatory information is not provided, the Internet user's registration process will not be permitted to proceed.

Other information will be required to sign up for certain services and/or start a subscription (in particular for elements related to payment).

Other information can be provided voluntarily or optionally (such as consent to publish your address or phone number).

Web users undertake to provide true and accurate information about their situation, and to regularly verify and make any necessary changes to their data online on their Private Page.

SQP cannot be held liable for the submission of false information rendering impossible SQP's performance of its obligations.

In order to finalize their registration, Internet users must indicate their acceptance of the GTS by clicking the appropriate box.

SQP shall not be held liable in case of the erasure of data contained in the Private Page section due to an unforeseeable event, a technical failure or a case of force majeure, as this information has no probative value but is provided for illustrative purposes only.

3.2. Personal identifiers

When creating a Private Page, the Customer will choose a confidential user name and password. Users may change their passwords on their Private Page.

These identifiers are personal, confidential and non-transferable. Accordingly, the Subscriber undertakes not to disclose them to any third parties and will make any staff assigned to use the Services aware of the need to be particularly vigilant with regard to the confidentiality of the identifiers.

If Users disclose their credentials or use them in any manner contrary to their intended purpose, SQP may terminate the User's Private Page.

Users are solely responsible for any use of their login credentials by third parties, whether fraudulent or otherwise. The User shall therefore hold SQP harmless against any claims and/or actions grounded in the fraudulent or non-fraudulent use of the User's login credentials.

Under no circumstances shall SQP be held liable for any misappropriation of User login credentials, since it does not have the technical means to systematically verify everyone's identity. SQP nevertheless reserves the right to perform random checks.

If Users suspect that their login credentials may have been used fraudulently, they must immediately inform SQP so that it can terminate the compromised account.

If Users lose their password, they may request a password reset by clicking the "forgot password" link. A password reset link will then be sent to the User at his or her valid email address.

The provision of an invalid email address (or updating the email address on file on the User's Private Page with an invalid email address) will make it impossible to reset the password.

3.3. Termination of Private Page

SQP reserves the exclusive right to delete the account of any User who has contravened these GTS (in particular when the User has knowingly provided erroneous information upon signing up and creating his Private Page), or any Private Page that has been inactive for at least one year. Such deletion shall not be construed as constituting damages caused to the User, and Users may not claim any compensation for such deletion. Such termination shall not prejudice the right of SQP to take further legal action against the User when justified by the acts committed.

4. Rights and Obligations of Users and Subscribers

4.1. Free access to the Public Section of the Website

Internet users may browse the Website without creating Private Pages, and may access the basic features of the Website.

Internet users may access the entire Catalogue, but their access shall be limited (only the credits of the films, with positions, first and last names).

They may also access resources (video interviews, film stills, documents, educational resources) made available for open access.

- Access to comprehensive searches of SQP Catalogues and view Films from the current Festival edition

4.2. Use of the basic Private Page

Opening a basic Private Page is also free of charge, and allows Users, professionals or otherwise, to enjoy the abovementioned Services, and furthermore to:
· view and modify their personal information (username, email and password),
· access the SQP Catalogue
· create lists of Films
· rate Films
· share their Film lists and ratings
· other services may be added

It is specified that list creation and Film ratings are for personal use only.

Though this usage is free of charge, it does require compliance with all rights and obligations corresponding to intellectual property and personal data rights.

4.3. Use of the Professional type Private Page

Professional Private Pages are also free of charge, and allow Professional Users to enjoy the abovementioned Services, and furthermore to:
- Modify their Contact data (allowing Contact Information to be changed across all Film datasheets and Participant files)
- Access viewing statistics for Films, if the Professional is listed as a director, producer, sales contact or coordinator for the Film. These statistics can provide access to the contact details of persons who have viewed the Film, subject to their agreement.
- Access Festival accreditation or invitation requests

SQP will check the Professional status of Users that create Professional accounts, and reserves the right to delete any Professional Private Pages that no longer meet this criterion.

4.4. Use of the Subscriber type Private Page

For Users to acquire a Subscriber type Private Page, they must be Audio-visual Professionals subscribed to the paid service "Shortfilmwire+".
The Subscriber then has access to all of the abovementioned Services, as well as:
- Access to comprehensive searches of SQP Catalogues and view Films from the current Festival edition
- Access to Contact Information from Datasheets and Participant files for all editions of the festival, subject to consent
- Access to the internal messaging service to chat with Participants and Professionals
- Live streaming and replay access to all professional events held during the current year's Festival
- Access to Participants' Contact Information, covering all editions, subject to their consent
- Access to advanced search modules for Contact Information and Films
- Directory creation

4.5. Use of the Subscriber Participant type Private Page

Subscribers who have taken out a subscription to the Shortfilmwire+ Service and are also classed as Participants have access to the abovementioned Services, as well as:
- Access to online viewing of all Films in the Catalogue of the current edition until 31 December of the current year if access for viewing has been granted by the rights holder.
- Access to the virtual spaces of the Short Film Market: Forum, Agora, Lounge (Streaming re-broadcasts)
- Access to replays of short film market events and meetings (videos)

5. Taking out a Subscription

Users who wish to subscribe to the Shortfilmwire+ Subscription Service may do so on their Private Page, by clicking "Subscribe to Shrotfilmwire+" and then entering their Professional status, selecting their means of payment and accepting these GTS by checking the box: "By checking this box I declare that I have read the General Terms of Sale."
After confirming their acceptance of the GTS, Users will then check their order summary and make any necessary changes before confirming the order by clicking on "Place order and commit to pay."
Users must then select their means of payment, and if making an online payment will be redirected to the Institution's interface, as described in the article on financial conditions.
Orders will be finalized only once the User has confirmed the order summary and SQP has received payment.
SQP reserves the right to refuse any User Subscription if the corresponding banking centres have refused payment for prior orders.
Regardless of the payment method chosen, the subscription procedure may be cancelled if payment is not received by SQP within 8 days at latest.
The subscription will be activated once SQP has received the subscription fee.
SQP will send the Subscriber a confirmation email once payment has been validated. Users may download their invoices on their Private Page, or may have them sent by post upon request, by writing to info@clermont-filmfest.org.

6. Financial conditions

6.1. Fee:

The subscription fee for Shortfilmwire+ is €60 excl. VAT.
While we reserve the right to modify this fee at any time, we undertake to apply the fee stated on the Site when you place your order.
Prices are given for one year; any renewal and/or extension of the subscription to the Services will be subject to any new rates that may apply.
European Union-based Subscribers will be charged French VAT (20%) unless they provide a valid INTRACOMMUNITY VAT number. In France, VAT is added automatically. For third countries, French VAT is not applied.
Regardless of where the subscriber is based, all subscriptions are payable exclusively in Euros.
Subscribers will be billed a fee for any amounts unpaid due to insufficient funds or declined payments and Services will be suspended until the amounts due are paid in full.
SQP will send the new prices three (3) months before they come into effect. If the Subscriber does not terminate the Contract within this period of time, the new rates will become applicable immediately upon the Contract anniversary date.
Any year started shall be payable in full.

6.2. Payment methods:

Subscription fees may be paid:
- either online on the Website, using a bankcard: Carte Bleue, Visa, MasterCard, American Express. The Subscriber will then be redirected to the secure interface operated entirely by the institution concerned (hereinafter referred to as the Institution). Payments may be made via secure transactions handled by the Banking Institution - namely, La Banque Postale -, which has adopted SSL encryption to secure all transactions and information exchanged; all personal data necessary for processing the order (addresses, e-mail, bank card number and account details) is encrypted upon input. Bank details will thus be encrypted and transmitted directly to La Banque Postale via a secure connection without ever being uploaded to the website. The Subscriber warrants that he/she is fully authorised to use the payment facilities used and has sufficient funds available to cover the Subscription.
Terms of payment are subject to the general terms applied by the Institution.
- or by cheque: payment by cheque is only available to holders of French bank accounts denominated in Euros. Cheques should be made out to "Sauve Qui Peut le Court Métrage" and sent to: Sauve Qui Peut le Court Métrage - La Jetée, 6 place Michel-de-l'Hospital 63058 Clermont-Ferrand.
- or by bank transfer: SQP will provide bank details upon request to subscribers wishing to pay by bank transfer; the bank charges applied for the transaction shall in such case be paid exclusively by the Subscriber, otherwise SQP may reject the payment and suspend and/or cancel the subscription procedure.

The User undertakes to provide true and accurate information in completing the payment procedure, in particular concerning their tax residence for French VAT purposes where appropriate.

Our invoices are payable in cash without discount. As provided under Article L441-10 of the French Commercial Code, penalties shall be charged for late payment at 3 times the legal interest rate in force. A flat fee of €40 will be added for collections costs.

7. Duration and Termination

Private Pages may be created for a period of one (1) year, which may be tacitly extended for identical periods.
Subscriptions are provided for a one (1) year period.
If the subscriber decides to cancel the subscription early, the subscription fee paid to SQP will not be refundable.
The subscription will not be automatically renewed at the end of subscription period, so that at the end of each year the Subscriber must validate the General Terms and Conditions of the use of the Site and pay the corresponding fee.
The Subscriber will be warned by SQP in good time that their subscription is about to expire and that they need to renew it on the Site if they wish to continue using the Shortfilmwire + Service.
However, if either of the parties fails to comply with their obligations hereunder, and the situation is not rectified within 15 calendar days of their receipt of an e-mail providing notice of such non-compliance, the other party will be entitled to automatically terminate this contract, without prejudice to any damages and interest it may claim hereunder.
SQP also reserves the right to temporarily suspend or permanently terminate the Shortfilmwire+ offer at any time. The Subscription will in such case be automatically terminated, and SQP will refund the Subscriber for the part of the subscription fee corresponding to the remaining portion of the subscription period.

8. Liability and guarantees

Any equipment (computers, smartphones, tablets, software, means of telecommunications, etc.) used to access the Website and any telecommunications costs incurred for their use are the sole responsibility of the User.
Users are informed that the Services offered on the Website are best experienced with a high-speed Internet connection.
Users acknowledge and accept that it is impossible to provide any guarantee of the proper functioning of the Internet as a whole.
If Website access becomes impossible due to technical problems or other issues, Users may not claim damages or seek compensation of any kind.
Hypertext links may be displayed on the Website that link to other websites; SQP cannot be held liable if the content of these sites contravenes current legislation. SQP cannot be held liable for damages caused to Users due to their visit to such websites. The consultation and/or use of any websites or external sources accessible via these hypertext links are governed by separate terms of use of their own.
Furthermore, SQP cannot be held responsible for any discussions or exchanges that may take place using communications resources provided by SQP. Users undertake to:
- not host content and/or data that infringes common decency or is libellous, defamatory, or incites racial hatred, or that constitutes harassment, glorifies terrorism, or includes violent, paedophilic, or pornographic images, or involves any proselytism associated with sectarian movements such as those denounced in the parliamentary report on "Cults in France," or that is considered to represent a sectarian risk to State services, or has been recognized as such by a court decision with the force of res judicata.
- not redirect to these types of websites.
- not disseminate content or data infringing the image rights, privacy rights, or any rights of third parties in general
- possess the intellectual property rights required for the reproduction, representation and distribution of their content
Users will be solely responsible for the data and content stored on the Website in their Private Pages and in any exchanges they may engage in by means of the Website's communication resources.
Users undertake to not perform any action or omission likely to disrupt and/or undermine SQP's Services.

9. Force majeure

Any equipment (computers, smartphones, tablets, software, means of telecommunications, etc.) used to access the Website and any telecommunications costs incurred for their use are the sole responsibility of the User.
Users are informed that the Services offered on the Website are best experienced with a high-speed Internet connection.

10. Intellectual property

10.1. Content uploaded by SQP

The Website, including the Catalogue, Films and Datasheets, are the property of SQP or are lawfully operated by SQP. They are protected by international copyright laws and treaties, as well as other international intellectual property laws and treaties.
All rights related to the Website and to the overall conception of SQP's activity, its original and innovative character, and in particular intellectual property rights corresponding to texts, literary, artistic, graphic (including photographs published on the Website and the Mobile Application) and audio-visual creations, databases (including databases relating to Films, Datasheets and Contact Information), IT developments, HTLM developments and other intellectual work and creative work able to be protected under intellectual property law, such as images, logos, slogans, formatting, graphic charters, structure, user-experience design, colour codes, typography, fonts, basic graphic elements, the graphic organization of screens, layout, page backgrounds and the visual identity of the Website in general, audio elements, brands and any other distinctive signs, are the property of SQP or are used under license, without limitation.
Any imitation, reproduction, or extraction by permanent or temporary transfer of all or a qualitatively or quantitatively substantial part of the content of SQP databases, or the use of the intellectual property rights of SQP, in whole or in part, in any media whatsoever, and in whatever form, in particular as a domain name, meta-tags and keywords, or any distribution or presentation thereof, free of charge or for a fee, without the prior authorization of SQP, may be prosecuted, in particular on grounds of infringement.
Any infringement of SQP's rights by the User may incur the deletion of their Private Page without notice or compensation, and such User shall not be entitled to claim damages on grounds of such deletion.

10.2. Special provisions concerning Films

All Film files, content, subtitles, texts, comments, illustrations, soundtracks and images reproduced in the Catalogue are strictly protected under copyright and intellectual property provisions by their owners, for the entire world.
As such, in accordance with the provisions of the Intellectual Property Code, and subject to compliance with the terms hereof, the User shall have an exclusive right of access and consultation for personal use, subject to different or even more restrictive provisions of the Intellectual Property Code and/or international intellectual property laws and treaties.
Any use, reproduction or representation in whole or in part, for purposes other than personal use will be considered an infringement liable to civil and criminal prosecution. In particular, the User shall refrain from any resale, exchange, rental or transfer to third parties for free or for a fee.
It is specified that the Films accessible within the framework of the SQP Subscription contain or may include identifying notices and/or technical measures intended to monitor or limit their use or provide protections against their use by third parties. The User undertakes to not:
- infringe and/or modify or delete these notices or measures.
- obstruct, modify or delete any information associated with the rights management of the Films, nor encourage or assist third parties in carrying out such acts.
The infringement of technical protection measures is sanctioned by specific penalties set forth under article L 335-3-1 et seq. of the Intellectual Property Code.

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11.1. Use of cookies

SQP may install cookies in order to provide optimal Website navigation for all Users as well as to ensure better performance in the various interfaces. The list of these cookies may be consulted in the "Cookies" tab.

11.2. Users' Personal Data

To provide access to the Website, SQP needs to collect certain personal information concerning the User, including but not limited to: surname, given name, phone number, email address, primary occupation and position, landline and mobile phone, bank details, login credentials, etc.
Users who do not wish to provide the information required for the use of the Services offered by the Website, and where applicable for the creation of a Private Page, may not use the Website offered by SQP, and may not obtain Subscriptions.
The data controller is SQP, a Non-Profit Organisation whose contact details are provided above in the article "definitions."
With the exception of payment data collected and processed by the appropriate Institution, all information is collected exclusively for the needs of the contractual relationship (creation of a Private Page, billing, professional status verifications, etc.) or to serve the legitimate interests of SQP, in particular such purposes as commercial prospecting, service optimization, and ensure business security.
The personal data of all Users registered on the Website is saved for a reasonable period of time, as required for the ordinary operation of the Website and the normal use of such data, and will then be archived for the amount of time required by law.
Professionals are however informed that any of their personal data that may be included in Film credits and/or attached to Datasheets will be kept indefinitely for archival purposes.
SQP undertakes to disclose and/or provide access to this data only to persons with a need to know, namely:
- SQP managers concerned
- Persons in charge of User management
- Legal entities implementing the activities described above: payment institutions, banks, insurance companies, insurance organizations
- Service providers identified and selected to act on behalf of SQP to perform all or part of its activities, such as consultants, accountants and technical service providers (hosting providers, publishers), etc.
Users' data may be transmitted to other Users in particular in the context of messaging systems or other resources provided by SQP via the Website; in such case, when these data transfers are not mandatory they will be performed under the User's sole responsibility.
Except in the cases specified above, SQP undertakes not to sell, rent, assign or permit third-party access to your data without your prior consent unless required on legitimate grounds (legal obligation, measures against fraud or abuse, exercise of the right of legal defence, etc.).
In light of the data processed and the size of SQP, a non-profit organisation under the law of 1901, SQP has implemented and continues to implement significant physical and logical security measures (physical and logical access restrictions, permissions management, antivirus, antimalware and firewall implementation, regular updating of all IT devices, servers and networks, weekly backups of offline and/or outsourced equipment, data restoration procedures
In principle, no data will be transferred outside the European Union, except in the case of Users located outside the European Union; these Users exclusively shall be sent any data concerning them thus transferred. Some videos are hosted by VIMEO (located in the USA), which has committed to compliance with the provisions of the European General Data Protection Regulation. For more information, you may consult their webpage (https://vimeo.com/privacy).
Users have the following rights: the right to request access to their personal data from the data controller, the right to have such data corrected or erased, to place limits on the processing of such data or refuse such processing, and the right to data portability, subject to the terms and limits provided by European personal data regulations.
When their consent is required for data processing, Users have the right to withdraw such consent at any time. This withdrawal of consent will be effective for the future only, starting as soon as SQP can confirm the legitimacy of such request.
Users also have the right to file a compliant with the CNIL, at: https://www.cnil.fr/fr/plaintes
No automated decisions (such as profiling) will be made based on this data.
Our organisation has chosen not to appoint a Data Protection Officer, as it is not required to do so. For further information concerning your rights, your data and/or any other questions you may have regarding your data (valid proof of identity required), please contact:
Surname: Westermann
Given name: Julien
Address: 6 Place Michel-de-l’hospital, 63000 Clermont-Ferrand
Email: j.westermann@clermont-filmfest.org
Phone: +33.4 73 14 73 18
If you do not wish/no longer wish to receive news, promotions (by telephone, SMS, post or electronic mail) and invitations from us, you may let us know by following the link provided for such purposes, modify your preferences by contacting us as described above, or, where appropriate, by adjusting the settings of your online profile.

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13.1. Severability and Non-Waiver

If any of the clauses of these GTS are rendered null or inapplicable by virtue of a law or regulation, or subsequent to an enforceable ruling issued by a court or a competent authority, the Parties agree expressly that these GTS will not be affected by any such nullification of clauses.
The non-enforcement against the User of any provision or term hereof by SQP, at any time, shall not be construed as constituting a definitive waiver of such provision or term. Consequently, SQP may at any time request the Reader's strict and complete compliance of the provisions and terms of these GTS.

13.2. Applicable law and jurisdiction

These GTS shall be governed by French law, to the exclusion of any other international conventions that may otherwise apply.
Unless otherwise provided by mandatory provision, the Court with jurisdiction at SQP headquarters shall be competent to adjudicate.