General Terms of Sale

CLAUSE 1 – Definitions

In the present general terms of sale, the expressions used hereinafter will have the following definition:

"Videos" refer to the videos produced by KM on behalf of CANAL+, ORANGE and the Cannes Film Festival in the framework of the Cannes Festival 2012.
"Site" refers to the interactive electronic service commercialized by KM under the brand TV Festival Online, its URL access being http://video.tvfestival.tv, enabling the access to the Service.
"Service" refers to the platform commercialized by KM and by which KM grants to the Users the licensing rights of the Videos for the purpose of television broadcasting and/or on the Internet network and/or mobile network, in the territories, according to the terms, and for duration to be defined by a separate contract for each licensee.
"Users" refer to the audiovisual and media professionals interested in licensing the Videos.

CLAUSE 2 - Enforcement Sphere

Ordering Videos through the Site is intended for the User who has acknowledged the whole of the present terms of sale before ordering and who has accepted them unreservedly.
All orders entail the entire and full acceptance of the present terms.
The present general terms of sale can be registered and printed by any person visiting the Site.
The present general terms of sale are enforceable as long as they appear on the Site.
If ever the present general terms of sale were to remain accessible through other web sites or any other means, even after having been removed from the Site, they would however not be opposable to KM, CANAL+, ORANGE and the Cannes Film Festival or its legal successors any longer.

CLAUSE 3 - The Publisher

Pursuant to the article 6 III 1 b) of the Act number 2004-575 of June 21st 2004, modified by the Act number 2006-64 of January 23rd 2006, the terms concerning the Service Publisher's identification are as follows: KM, "Société par Actions Simplifiées", with a capital worth 9 827 800 euros, registered in the RCS in Nanterre, under the number B 498 198 704 and whose corporate headquarters are located at this address: 41 rue des Peupliers, 92100 BOULOGNE-BILLANCOURT, France.
Furthermore, pursuant to the article above-mentioned, the Publishing Manager is Jean-François REBOUSSIN.

CLAUSE 4 - Characteristics

The Service gives access to Videos available for temporary downloading from the User's compatible micro computer.
Before using the Service and selecting videos, the User should register to receive a « login » sent via email.
In case the User is interested in acquiring the exploitation rights for some Videos, he will contact Lisa Lebahar to this address: lebahar@kmprod.fr and once they agree on their terms, she will send the User a contract by mail or fax, which he will sign and send back by fax to this number : +33 (0)147 61 84 04
Once the payment is made according to the terms given in Clause 6, the User will be able to download the Videos ordered and to exploit them according to the terms determined by the contract.
Films excerpts: The registrated User will have a free access to films’ excerpts (view and select). Downloading will be available for free according to the terms determined by the contract with respect to the exploitation of other Videos (programming service, territory, license period).
If ever the User cannot manage to download because of a connection problem, he can contact Lisa Lebahar at the address given above.

CLAUSE 5 - Equipment Necessary to Use the Service

KM can in no way be held responsible for any removal, loss, or damage and particularly any damage likely to spoil the computer equipment described above.
The access to the service is guaranteed permanently, except for periods of care and maintenance, of host updates, and of exceptional interruptions that may occur.

CLAUSE 6 - Payment Terms

Payment is required immediately after ordering, once KM has received the contract for the sale of the Videos' exploitation rights signed by the User.
The prices given in the separate contract between KM and the User are to be in euros all taxes included.
If a withholding tax is applicable to the sums owed to KM, the User will provide the documents allowing the exemption or reduction of the sums owed to the government or tax authorities in the pertaining territory.
If a certain amount is required by the government or tax authorities in the pertaining territory, the User will be allowed to deduct it from the total amount to be paid to KM, to the exclusion of any other deduction and provided that the total amount of the withholding tax has first been paid to the pertaining tax office, and also that the official written proof of this withholding tax has been forwarded to KM.
The invoice for the Videos' exploitation rights transfer is based on the rates effective when the order comes through.
The prices may be modified at any moment by KM without warning.
The settlement of the orders is to be made sending to Lisa Lebahar a swift confirmation from the bank of the User by mail to this address: lebahar@kmprod.fr or by fax to this number: +33(0)147 61 84 04 or directly at TV Festival’s office, Palais des Festival (Cannes) media zone, level 01, Aisle 01.
An invoice will be immediately sent to the User by mail.
Downloading of the Videos is allowed once the payment is secured.

CLAUSE 7 - Termination

KM keeps the right to close down the User's account in cases of:

Insolvency;
infringing the terms of Intellectual Property laws;
Breach by the User of any obligation incumbent upon him, on the strength of these present general terms of sale.

CLAUSE 8 - Intellectual Property

All elements forming the Site, the general structure, the software, the texts, the photos, the images, the icons, the sounds, the know-how, and all other elements forming the Site are KM's property, with the exception of the brand " TV Festival de Cannes ", whose owner is the Association Française du Festival International du Film (" AFFIF "), and are submitted to the laws governing intellectual property rights.

CLAUSE 9 - The User's Personal Data

The access to the User's personal data cannot be considered as a transfer, neither partial nor whole, by the User to KM, and the same goes for any kind of rights on these data other than the rights necessary to implement these general terms of sale.
By data we mean more specifically: the last name or family name, the first name or Christian name, the address, the kind of operation, the microchip card's number, the bank accounts details, etc.
KM is not allowed to use these data, whether directly or indirectly, even for its personal needs, in any other case than that meant by the Contract.
KM is not allowed to copy part of or all of these data.
KM promises not to transfer the data to and/or put them at disposal of a third party for no reason whatsoever and particularly for commercial prospecting.
KM will ensure the protection of personal data against their disclosure.

CLAUSE 10 - The Site's Security - Hypertext link

When entering the Site, you accept not to use any kind of software that could disrupt or attempt to disrupt the Site's working order.
KM may use hypertext links on the Site leading to other sites.
KM does not publish nor control the sources or contents of these sites, nor the links they might have towards yet other sites.
Placing the hypertext links on KM's Site does not signify that KM accepts the contents of these sites.
KM can in no way be held responsible for the contents and services forming this site.
KM cannot guarantee the absence of viruses on these sites, and therefore cannot be held responsible for any damage or loss proven or allegedly consecutive to, indirectly provoked by or linked to the browsing of these sites.
KM cannot be held responsible for any dysfunction or interruption of the Service, linked to or resulting from an unavoidable and unpredictable problem.
The User is the sole responsible for the installation and exploitation of the equipment necessary to the Site's access.

CLAUSE 11 - Enforceable Law - Language

The language used for the Site's general terms of sale is French, persuant to the TOUBON Act number 94-665 of August 4th 1994.
If a contradiction between the French and the English versions exists, the French version will override the English one.
The present general terms of sale are ruled by French Law.
Any lawsuit pertaining to the Site's use or any information it contains is ruled by French Law and submitted to the exclusive competency of French Courts of Law.