GENERAL CONDITIONS OF USE

 

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Valid from: May 2020


The website, which can be accessed online at mediaclip.ina.fr (hereinafter the “Website”), is edited and published by the National Audiovisual Institute (hereinafter the “INA”).


The following General Terms and Conditions of Use form a legal agreement between yourself and the INA. By connecting to the Website, you accept without reservation these general terms and conditions of use of the Website (hereinafter the “T&Cs”) which are legally-binding on you and the INA.


The T&Cs can be accessed at any time online. The version of T&Cs applicable is that which is published on the Website on the date when you connect. The date of the most recent update is indicated at the top and bottom of the document. Before using the Website, we ask that you refer to this address.


The INA hereby reserves the right to periodically update these T&Cs to ensure they are appropriate to the functions and services available on the Website or to fulfil any new legislative and regulatory requirements. In such instance as, following modification on the Website as certified by the date of update, previous versions of the general terms and conditions should continue to be accessible on other websites, via a cache or any other means, these previous versions will not be binding on the INA. You are, consequently, asked to connect directly to the Website to consult the T&Cs in force.

 

1. DEFINITIONS

 

Media Clip : an audiovisual sequence which can be accessed on the Website and which is available for sale.


Account: refers to the online space made available to any person who signs up on the Website, to access Website Services after connecting using login details.


Package: refers to a predefined fixed-rate total when ordering and purchasing Media Clips available on the Website. A bonus will be added to this total corresponding to a percentage of the pre-tax price of the Package. This bonus is granted at no cost by the INA when purchasing a Package.

User: refers to any natural person who accesses the Website and/or uses one or more Website Services.

Identified User: refers to any User having created a Profile and connected to his/her Account.

Professional: refers to any natural person or legal entity acting for those purposes which fall in the framework of business activities.

Services: refers to one or more of the functions provided by the INA and which can be accessed on the Website.

 

2. WEBSITE SERVICES

 

2.1. The Website allows all Users to access the following range of Services:


  • 1. Browsing on the Website,
  • 2. Browsing and Searching (themes, keywords, dates) on the Website,
  • 3. Consulting the event diary,
  • 4. Watching Medial Clips online free of charge without downloading.
  • 5. Downloading Media Clips free of charge in low definition format with a watermark, for working copies,
  • 6. Contacting the INA via dedicated Assistance.

2.2. The Website also allows Identified Users only to access the following Services after connecting to their Account:


  • 1. Accessing their Profile,
  • 2. Purchasing Packages, in accordance with the General Terms and Conditions of Sale for Packages,
  • 3. Purchasing Media Clips, in accordance with the General Terms and Conditions of Sale for Licences,
  • 4. Subscription to the Newsletter,
  • 5. Storage of Media Clips in a “Favourites” area.

Any User wishing to benefit from these additional Services should register by creating an Account following the procedure described under article 4 hereunder.

 

3. CHANGES TO SERVICES

The INA hereby reserves the right to update Website Services. The INA may, consequently, add or remove functions and functionalities. The INA is also entitled to suspend provision of the Services, in whole or in part, to Users or to add or create new restrictions to use of the Services at any time.

 

4. CLIENT ACCOUNT


4.1. Account creation

Only Professionals are able to open an Account.


It is free to create an Account on the Website which is available for an indefinite term. Users can only create a single Account. By completing the Account creation form, the User confirms to be a Professional or to be acting on behalf of a Professional. To create an Account, Users should complete an Account creation form by entering their personal details. Mandatory fields are marked with an asterisk. Users guarantee that personal identification data are true, accurate and complete.


Account creation requires Users to choose a personal password and username corresponding to the contact email address (hereinafter referred to as “Login Details”). Users undertake not to disclose these Login Details, aside for claiming their potential fraudulent use, for which the INA may not be held liable in any manner whatsoever. In the event of any unauthorised loss or use of the aforementioned Login Details, Users undertake to immediately notify the assistance team at the INA using our contact form available at the following URL address: mediaclip.ina.fr.


Once an Account has been created, Identified Users can access their “Profile” by using their Login Details. The Profile includes the following sections:

  • 1. My Profile: allows Users to modify or update their professional details (status, role, company, business area), to customise their Account and register for the Newsletter;
  • 2. My favourites: allows you to bookmark Media Clips on the Website to be able to easily locate them at a later date;
  • 3. My Packages: allows you to locate and supervise your remaining balance as part of a Package, the date of validity and the history of Packages taken out by the connected User;
  • 4. My Orders: allows you to view details of each order placed per date of approval. For Media Clips, connected Users can view the following information: Media Clip identifier, title, date of publication, method of use, price and links to download the Media Clips ordered. For Packages, connected Users can view the name of the Package ordered, the total amount and date of subscription;
  • 5. My Invoices: allows you to find the identifier for each invoice received, as well as the date of validity, products ordered and order totals. It is also possible for connected Users to download invoices for a period of two (2) years.

4.2. Account Deletion

Connected Users can delete their Account at any time under the “My Profile” section of their Account. Once an Account deletion request has been received by the INA, the connected User will receive an Account Deletion confirmation email.

Connected Users are hereby reminded that Account deletion will mean they can no longer access their Profile or data (active download links, order history, invoices, contracts, etc.). Connected Users are asked to save these data in advance on their hard disk.

After you have deleted your Account, where applicable, any current Package will be suspended without the User being entitled to claim any reimbursement or compensation.

Default in respect of these General Terms and Conditions of Use and/or the T&Cs for Packages and Licences may lead the INA to suspend or terminate the User Account concerned without notice and immediately, without prejudice for any potential legal redress for compensation by the INA.

 

5. WORKING COPIES

The INA offers Users the opportunity to download free working copies (demos) in order to make their editing work much simpler. This working copy can be downloaded from the dedicated page for each Media Clip.


The working copy is made up of low-definition Media Clip(s) with the INA watermark. It will remain available until Account deletion and is solely intended for test editing. No rights or guarantees are assigned by the INA over working copies. To use said Media Clip(s) as part of a project, the connected User should first purchase the associated Rights in accordance with the provisions set forth under the T&Cs for Licences.

 

6. PURCHASING MEDIA CLIPS

The purchase of Media Clips is governed by the T&Cs for Licences.

The link via which Media Clips can be downloaded will be available under the section labelled “My Orders” in the User Account. This link will remain active for one week following the date of purchase.

 

7. PURCHASING PACKAGES

Subscription of a Package is governed by the T&Cs for Packages. Packages to which connected Users have subscribed are available under the section labelled “My Packages” under the User Account.

If you have any questions or difficulties concerning Packages, connected Users can consult our FAQ section.

 

8. RESERVATION OF RIGHTS

By connecting to the Website, Users have access to content protected by law and notably by the provisions set forth under the Intellectual Property Code, the General Data Protection Regulations (GDPR) and the data protection and freedom of information act.


All brands and trademarks of the INA and its partners as well as all logos appearing on this Website are registered with the National Industrial Property Institute and, consequently, protected by intellectual property law.


Content such as brands, images and photographs, text, information and all other data accessible on the Website or via the Website (hereinafter the “Content”) may not be used for any other purposes than those expressly authorised or required for browsing on the Website.


Any reproduction, public communication, decompilation, disassembly, commercial release or provision in whole or in part and in any manner whatsoever of the Content is expressly prohibited without the prior written consent of the INA. With regard to Media Clips in particular, all rights of use not assigned in the T&Cs for Licences are reserved by the INA.


Users hereby refrain from accessing the Content other than through ad hoc Website pages or by any other means offered by the Website accordingly. It is strictly prohibited to block any or all of the Website functions, and notably links towards the Website or to any other INA website.


The Website may include hypertext links towards other websites published by third parties. These links are neither approval nor validation of their content. Under no circumstances whatsoever may the INA be held liable for the subject of such content nor any damages or prejudice which results therefrom. Furthermore, as the INA does not have any means of controlling and supervising referenced websites nor their developments and updates, the inclusion of hypertext links does not create any obligation for the latter of any nature whatsoever. The inclusion of any embedded links towards this Website using any transclusion technique (framing, in-line linking, etc.) is subject to the prior authorisation of the INA.


The INA hereby reserves the right to immediately delete without notice any or all Content and/or Media Clips on the Website at any time. Consequently, the INA may not guarantee nor be liable in the event of any such deletion.

 

9. LIABILITY


9.1 Liability over Website content

The INA takes all measures to provide Users with a high-quality Service. The INA may not, however, guarantee the accuracy, reliability, precision or completeness of information provided on the Website. Consequently, the INA waives all liability for any lack of accuracy, precision or omission regarding information displayed on the Website. Moreover, under no circumstances whatsoever may the INA be held liable for use or interpretation of information displayed on the Website.


9.2 Technical liability

It is incumbent upon Users to take any and all appropriate measures to protect their own data and/or software from contamination by any viruses online. The INA waives all liability regarding any lost profits, income or data and does not accept any liability regarding indirect damages which Users may suffer.


The INA does not offer any guarantees regarding the following:

  • 1. that the Website meets all requirements and needs of Users;
  • 2. that the Services provided on the Website are secure, uninterrupted, punctual, accurate or reliable;
  • 3. that the Services provided on the Website offer performances free of any defect or of any particular level of quality;
  • 4. that the Website and Media Clips available for download are exempt of any virus or other harmful element which would infect the computer hardware or connected devices belonging to Users.

By connecting to the Website, Users should be sure to take any and all necessary precautions to avoid the installation or spread of a virus on the Website, or other INA or third-party websites accessible via links.

No guarantee which is not expressly included in the T&Cs or in legislative and regulatory provisions in force is applicable to use of the Website or Content.

The Website may be suspended either permanently or temporarily by the INA at any time and without notice, notably for maintenance or in case of any force majeure, and the INA waives all liability accordingly.

In this instance, Users can contact assistance at: marketing@ina.fr.

 

10. PERSONAL DATA

In its capacity as data controller, the INA processes personal data for management of relations with Users, notably including the following forms of management in the framework of these T&Cs:

  • 1. Account creation and management
  • 2. Management of newsletter subscriptions
  • 3. Contact forms.

The following data are collected:

  • 1. identification and professional data (civil status, surname, given name, postal address of your business address, business telephone numbers, email address),
  • 2. connection data (IP address, event logs),
  • 3. purchase history, order tracking.

All data collected are protected by European Regulation (EU) 2016/679 known as the General Data Protection Regulation and by law no. 78-17 amended known as the “Data Protection and Freedom of Information Act” of 6th January 1978 and the INA Privacy Policy. 

For more information regarding personal data protection measures implemented by the INA as well as management of personal data belonging to Users and management of cookies, Users can consult the Website’s Privacy Policy.

 

11. USER ASSISTANCE

For any information requests, complaints or questions regarding Website Services, Users can consult the FAQ section or contact the INA at the following address: marketing@ina.fr

 

12. APPLICABLE LEGISLATION

The T&Cs constitute the full and entire agreement existing between yourself and the INA regarding use of the Website.

The T&Cs are governed by French legislation.

Any dispute arising with regard to the interpretation or performance of the T&Cs will be referred to the Paris Courts which hold sole and exclusive jurisdictional competence.

At any time, Users may request additional information by consulting the FAQ section or by sending an email to the following address: marketing@ina.fr.


Valid from: May 2020

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