The following General Terms and Conditions (hereinafter, referred to as the General Conditions) establish the relationships between Internet users (hereinafter, referred to as the User or Users) within the private area of the Web Page www.filmfestivalsdeadlines.com (hereinafter, the Website), and PROMOFEST DISTRIBUCIÓN, S.L. (hereinafter PROMOFEST), a company domiciled at Calle Juan Bravo 51 Duplicado, 1st int. Izda, 28006 Madrid (Spain), with C.I.F .: B-85955466, which is registered in the Commercial Registry of Madrid in Volume 27915, Sheet 118, Section 8, Page M 503126, Inscription 1, and e-mail email@example.com.
These General Conditions will be applicable jointly with the Legal Notice, the Privacy and Cookies Policy of PROMOFEST and any other document that regulates aspects of the Website, without one prevailing over another.
FILM FESTIVALS 'DEADLINES is a platform aimed at Directors, Producers, Distributors, Schools and Film Festivals, through which the Directors and Distributors (hereinafter the Directors and Distributors) can be informed about the Festivals’ calls and deadlines around the world and get a personalized distribution strategy for their films. The organizers of the associated festivals (hereinafter referred to as the Festivals) may consult the Directors 'and Distributors' information and update the information of their calls. Therefore, PROMOFEST acts as an intermediary between the Directors / Distributors and the Festivals facilitating communication between them.
1. ACCEPTANCE OF TERMS
The registration by Users on the Website is subject to prior explicitly acceptance of all the General Conditions in force at any time. If any User does not agree with the content or part of the content of these General Conditions, they will not be able to register on the Website, being unable to access or dispose of the services offered therein. The User must carefully read these General Conditions each time he accesses or uses a service through the Website, as they may suffer modifications.
PROMOFEST reserves the right to deny access to the Website to those Users who fail to comply with these General Conditions or any other of the PROMOFEST Policies at any time, without the need of prior notice and without the right to compensation. If PROMOFEST had reasonable grounds to understand that a use has been made that violates these General Conditions, it will be authorized to cancel the contract made and eliminate the Profile of the offending User.
The User is informed and expressly accepts that the personal data provided in the process of contracting the services will be incorporated into an automated file, whose ownership corresponds to PROMOFEST, as well as that such information may be provided to the Redsys Payment Platform or PayPal following the usual protocol; once this operation is done, the User will automatically return to the Website. The data will be provided to these third companies in order to adequately provide the requested service and in particular to comply with the billing, accounting and auditing requirements of PROMOFEST, verify credit cards and manage payments.
The General Conditions set out herein are applicable to all forms of access to the Website, including the Internet, via mobile or any other device.
The User declares to be of legal age and/or have sufficient legal capacity to be bound by the General Conditions. Likewise, it accepts expressly and without exception that the access and use of the Website, its services and the contents takes place under its sole and exclusive responsibility.
These General Conditions do not exclude the possibility that certain services or utilities offered through the Website are subject to special conditions, which in any case may be consulted by the User before activation and contracting.
Access to the Website is free and its viewing does not require prior subscription or registration. However, access to the private area of the PROMOFEST Website, the services and content provided on the Website are subject to prior registration.
PROMOFEST reserves the right to make without notice the changes and modifications it deems appropriate on the Website and in these General Conditions.
When the User registers by filling out the Registration Form, whether as a Director, Distributor or Festival, he recognizes having knowledge of the contents of the present General Conditions and expressly declares that he accepts them.
If the User registers on behalf of a legal entity, guarantees and certifies that he has all the rights and powers necessary for the acceptance of these General Conditions on behalf of the legal entity he represents.
Once the User has provided his data, PROMOFEST will send an e-mail to the account provided by the User in order to activate his User Profile and Password. Therefore, the User guarantees that the information provided to PROMOFEST is true and correct. In case of having provided false or inaccurate information, PROMOFEST reserves the right to prohibit access to the Website.
Notwithstanding the foregoing, Users who have not activated their Profiles will remain on the PROMOFEST server for a period of forty-eight (48) hours; the data will be deleted in the event that said period elapses without the User activation of his User Profile.
The Users will be responsible for the adequate custody and confidentiality of any password provided by PROMOFEST and they undertake not to assign their use to third parties, nor to allow their access to external people. Users will be responsible for the illicit use of the Website by any illegitimate third party that uses a password due to non-diligent use or loss of the same by the User.
The User is obliged to notify PROMOFEST immediately of any fact that allows the improper use of passwords, such as loss or unauthorized access in order to proceed to immediate cancellation. While such events are not reported, PROMOFEST will be exempt from any liability that may arise from the improper use of passwords by unauthorized third parties.
3. SERVICES, PROFILE AND CONTENTS
The Users, once registered, will have a profile in the private area of the PROMOFEST Website that will include information about them and may include their contents (hereinafter the Profile), such as, but not limited to, films, photos, posters, texts, links to his audiovisual works, etc. as well as brands, logos and other elements protected by Intellectual and Industrial Property (hereinafter, the Content).
The Users understand and accept that they are solely responsible for the comments and/or allusions that they may make in their Profile or that of other Users, as well as in the messages they may exchange with other Users of the Website and guarantee PROMOFEST that they hold the permits, titles and authorizations of all intellectual and industrial property rights of and on the content, as well as the authorization of the holders of personal data and/or images that may be included in said content.
Director – Distributor profile
Directors and Distributors may upload their content in Full HD and with subtitles embedded or not in the formats MPG, MPEG, AVI, MP4, WMV, FLV, M4V, MOV, RM, MKV and VOB. Notwithstanding this, PROMOFEST recommends the following formats: MP4 and MOV.
To upload the files it is advisable to use the browsers Google Chrome, Mozilla Firefox and Opera. Also, the files will be uploaded according to the weight, being therefore up to 30 minutes: 2GB; between 30 minutes and 60 minutes: 3GB; and more than 60 minutes: 4GB.
With regard to the versions that include subtitles, PROMOFEST recommends the option of embedded subtitles; that is, the subtitles would go directly to the image of the movie. Although there is also the possibility to upload the files in SRT, so when there are several versions of the audiovisual work with subtitles embedded in English, French or any other language, Users can upload it without having to upload the film again and fill in the data.
They just have to go to the V.O. icon and from there upload all the versions they want as well as update the video if they have an improved version.
In addition, Directors and Distributors may send messages to other Users of the Website.
Directors and Distributors assign to PROMOFEST non-exclusively, during the time necessary for compliance with these General Conditions and the provision of the services, all over the world, public communication rights, as well as the necessary distribution, reproduction and / or transformation rights for the fulfillment of the obligations assumed by PROMOFEST, the rendering of the services and for Users to download and view the Content.
Likewise, the Directors and Distributors authorize PROMOFEST not only to use the distinctive signs, logos, trade names and brands that the Directors and Distributors upload on the Website, throughout the world and for the time necessary for compliance of these General Conditions and the provision of services.
The Festivals must make available to all Users in an easy, permanent and free way all the information related to the Festival (such as, among others, the location, dates, etc.), the Rules by which it is regulated and/or if there is a registration fee to participate.
PROMOFEST offers the Festivals also the possibility of uploading Contents. The Festivals have the option of inviting and sending both messages and the Content to Users of the Website.
For the proper compliance and provision of the services of PROMOFEST, the Festivals give to Promofest in a non-exclusive way, during the time necessary for the compliance of the present General Conditions and the rendering of the services, all over the world, the rights of public communication, as well as distribution, reproduction and / or transformation rights necessary for the compliance of the obligations assumed by PROMOFEST.
In addition, the Festivals authorize PROMOFEST, in a non-exclusive way, to use the distinctive signs, logos, trade names and trademarks that the Festivals upload on the Website, throughout the world and for the time necessary to comply with these General Conditions and the Provision of services.
All Users expressly guarantee that all Content that they upload to the Website, use and / or provide does not infringe exclusive rights of third parties of any nature, or infringe the right to honor, privacy or self-image of persons or any third party. In this way the Users declare and guarantee that the Content does not violate these General Conditions and that it is the only responsible, with complete indemnity to PROMOFEST, of any claim (judicial or extrajudicial) that arises or could arise from the use of said Content in the website. Likewise, Users agree that none of the Content used contains prohibited elements, such as viruses or spam, or links to them.
On the other hand, taking into account that the requirements demanded by Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws, do not converge, as well as that the services of PROMOFEST are part of those necessary for the development of the professional activity of the Users, this Contract will not be subject to what is established in the legislation relative to Consumers and Users.
4. PRICES AND PAYMENTS
The access to the platform will be restricted to the payment of a monthly, quarterly, six month period or yearly subscription. This payment will imply, in each case, access to the information corresponding to the period of time paid and they may obtain the personalized strategy for their film during that time.
Purchasing conditions for directors
The Directors will pay the rates established below based on the selected subscription.
These are the rates:
- Monthly subscription: 12 euros
- Quarterly subscription: 32 euros
- Six month period subscription: 60 euros
- Yearly subscription: 100 euros
* All prices include VAT.
The aforementioned prices will be applicable to the Distributors but a discount will be applied depending on the volume of audiovisual works and content that will be uploaded to the Website. The concrete price will be provided once the number of audiovisual works has been accounted for.
Notwithstanding the above, the Prices will always be provided before making and / or formalizing any Payment, which will only be possible by express acceptance of the User.
Users may pay by Paypal, Credit Card and / or Debit or through the Payment Platform Redsys.
PROMOFEST will not charge any additional fee or amount for the use of one or another form of payment for the purchase.
Notwithstanding the foregoing, Users understand and accept that some Festivals have their own participation fees; in any case, said fees or extraordinary expenses of each Festival may be consulted prior to registration by the Directors and Distributors thanks to the Website's search engine with which they may select Festivals previously to avoid surprises.
NOTE: The registration and use of the Website by Festivals is completely free.
5. SPECIAL OFFERS AND CAMPAIGNS
PROMOFEST may carry out promotions and campaigns to which its own bases, conditions and additional economic terms will be applied, which PROMOFEST will make available to Users before they submit to the Festival or contract such promotions and / or campaigns.
In case a User wants to participate in a promotion or campaign, he must read and be in agreement with the bases, conditions and economic terms of the same.
Taking into account the above, all special offers, promotions and / or discounts available to Users will be valid until the date indicated for them.
6. GUARANTEES AND OBLIGATIONS OF USERS
The Users guarantee to PROMOFEST that the information provided is true and correct, that they have the sufficient legal capacity, the consents and the necessary authorizations for the acceptance of the present General Conditions as well as for the upload to the Website of the Content. PROMOFEST informs Users that they can check the information and information provided to verify their identity.
The Users guarantee PROMOFEST that as a legal entity is validly constituted in Spain or in another State.
The Users guarantee PROMOFEST and are obliged that all the information published on the Profile is true and complete, so they will be responsible to third parties for the information they provide to PROMOFEST for publication.
Users understand and accept that PROMOFEST is the owner or assignee of all Intellectual and Industrial Property rights over the elements and content of the Website. Therefore, all videos, images, photographs, films, designs, virtual materials, brands, signs, distinctive signs and / or logos of PROMOFEST and / or the Website, banners, software and its various codes, source and object, etc. of Website are owned by PROMOFEST, which is the owner or assignee of the rights of exploitation of Intellectual and Industrial Property over them.
The Users guarantee that they will not commit acts and / or will take actions aimed at breaking the technological measures of protection and anti-piracy that PROMOFEST may have implemented on the Website, understanding as such those procedures, techniques, devices, components, or the combination thereof, whose function is to control, impede or restrict the access or use of the works, the elements and / or the Content of the Website. Otherwise, PROMOFEST will proceed to immediately resolve the relationship with the offending User as well as take the appropriate legal measures.
The Users guarantee PROMOFEST and are obliged to comply with these General Conditions, the Legal Notice and the Privacy and Cookies Policy of PROMOFEST, respecting the public interest, the current legality and the requirements of good faith.
7. RESPONSABILITY AND GUARANTEE OF PROMOFEST
PROMOFEST provides Directors and Distributors with information about open calls for International Festivals, and Festivals offer information about their open calls. Likewise, PROMOFEST connects and allows users to interact on the Website. Therefore, for these purposes, PROMOFEST is considered as an intermediary, under the terms of Law 34/2002, of July 11, on services of the information society and electronic commerce (LSSI).
PROMOFEST will not be liable for those obligations assumed and / or rights that would have been acquired by the established relationship and / or hiring between the Users, since as an intermediary, the Users themselves will be responsible for compliance with the commitments assumed and acquired for these purposes. Specifically, PROMOFEST is not responsible for the breach, neither total nor partial, of the Festivals Rules and / or of any breach regarding the participation and / or any other extremes in relation to the Festivals.
PROMOFEST has no obligation and does not control the use that Users make of the Website, its contents and the services offered. Thus, PROMOFEST does not guarantee that Users use the Website, its contents and the services offered in accordance with these General Conditions, or that they do so in a diligent and prudent manner.
PROMOFEST may announce on the Website that the deadline established for the registration in the Festivals and / or the winners thereof has expired. However, the information received and published about the Festivals and / or the Profiles of the Users is facilitated directly by them.
PROMOFEST does not control or guarantee the absence of viruses or other elements in the contents of the Website that may cause alterations in the computer system (software and hardware) of the Users or in the electronic documents and files stored in its computer system. PROMOFEST disclaims any liability for damages of any kind that may be due to the presence of viruses in the contents that may cause alterations in the computer system, electronic documents, files, etc.
PROMOFEST has the right to suspend temporarily and without notice the accessibility to the Web Site, as for example in the case of urgent need for the maintenance of the Website or for security reasons of the Website, as well as to reserve the right to benefit or cancellation of the services or of the Website permanently, trying to make it previously known to the Users, whenever the circumstances so permit.
PROMOFEST has the right, but not the obligation, to oppose and / or eliminate any Content of Users that violates these General Conditions and any of its Policies, from the moment in which it has effective knowledge, as well as to deny or cancel the access to the Website to any person or entity according to the criteria of PROMOFEST. Therefore, PROMOFEST makes available to users and third parties a system of unilateral reporting, by which they notify PROMOFEST of any breach of these General Conditions and their Policies at the following address: firstname.lastname@example.org
These General Conditions constitute the total agreement between PROMOFEST and the User in relation to the object of this document and can only be modified through a written correction signed by an authorized person of PROMOFEST or through the publication of a revised version by PROMOFEST.
If any clause of these General Conditions is declared totally or partially null or ineffective, it will affect only that provision or part of it that is null or ineffective, remaining in all other rest of the General Conditions and having such disposition or part of the same that is affected by not putting except that, to be essential to the present General Conditions, had to affect them of integral way.
Users may cancel their Profile at any time, without prejudice to any obligations they may have acquired, communicating their decision to PROMOFEST at the following address: email@example.com
The withdrawal of the Profile will lead to the closure of the Profile and does not entitle the User to any compensation.
PROMOFEST may offer the User the General Conditions and the Website in Spanish and English. Notwithstanding the foregoing, in the event of any conflict in the application or interpretation of the General Conditions, the Spanish version shall always prevail over any other.
The General Conditions will be valid from the moment in which the User activates his User Profile and Password for an indefinite period of time or until the User cancels his Profile.
Neither PROMOFEST nor the Users will be responsible or non-compliant of these General Conditions in case of delay or failure to comply with them due to force majeure, in the cases contemplated in the legislation.
The Users may not assign totally or partially, or onerously or gratuitously, the rights or obligations acquired in these General Conditions. If this prohibition is breached, PROMOFEST may cancel the User Profile, without prejudice to its right to exercise legal actions, which in their case may be caused by damages that may be created for that reason.
9. APPLICABLE LAW AND JURISDICTION
These General Conditions, as well as any relationship between the Users and PROMOFEST, will be governed by Spanish legislation. In case of conflict in the application or interpretation of these General Conditions, the parties will go to the Courts and Tribunals of Madrid capital.