Terms and Conditions
TERMS OF USE
1. OBJECT
The Website of L’Agence du court métrage presents the various activities of L’Agence du court métrage, which intends to promote and develop the distribution of short films.
The Website presents a Catalogue of short films and gives Visitors free access to articles regarding short film and cinema news.
The services of the Website are listed hereinafter in article 4 of these Terms of Use.
These Terms of Use intend to define the terms and conditions within which Visitors and Users may use the Website.
It is understood that by using the Website, Visitors and Users fully agree to these terms and conditions.
These terms and conditions can be saved and printed by any person visiting the Website.
2. PUBLISHER
In accordance with article 6III 1b) of the law n°2004-575 of June 21st 2004, modified by the law n°2006-64 of January 23rd 2006, indications relating to the identification of the Publisher of the Website are:
L’Agence du court métrage, a non-profit organization dedicated to the promotion and distribution of short films, with its head office at 77 rue des Cévennes, 75015, Paris, represented by its Managing Director:
Amélie Chatellier
Phone number: +33 1 44 69 26 60
Publication Manager: Jérôme Descamps
Website host: Online SAS, BP 438 – 75366 Paris CEDEX 08 – RCS Paris B 433 115 904
The Website was designed and created by: Kevin Orr and Opixido
3. DEFINITIONS
“Rights Holder” refers to any natural person or legal entity who owns the rights of one or several Film(s) from the Catalogue and has created a Rights Holder Account on the Website in accordance with article 5 of these Terms or Services, as well as Mandators;
“Catalogue” refers to all the Films presented on the Website;
“TOU” refers to these Terms of Use;
“Account” refers to the interface made available to Users to access the Services of the Website and the Rights Holder or Distributor Accounts alike;
“Rights Holder Account” refers to the interface made available to Rights Holders to access the Services of the Website;
“Broadcaster Account” refers to the interface made available to Broadcasters to access the Services of the Website.
“Broadcaster” refers to any natural person or legal entity who has created a Broadcaster Account on the Website in accordance with article 5 of these Terms of Use;
“Publisher” refers to L’Agence du court métrage whose address is available in article 2 hereinabove.
“Film Page” refers to the information relating to the Films, upon availability and as described in article 4.4.
“Film(s)” refers to any short film part of the Catalogue and uploaded on the Website;
“Login Details” refers to the username and password chosen by each User upon creating their Account or transferred to the User upon creating their Account;
“Mandator” refers to any Rights Holder who has signed one or several distribution agreements with L’Agence du court métrage regarding one or several Film(s).
“Newsletters” refers to informative emails sent by the Publisher to Visitors and Users in the conditions listed in article 4;
“Parties” refers collectively to the Publisher, the Visitors and the Users;
“Services” refers to the services provided by the Website to Visitors and Users such as described in article 4;
“Website” refers to the Website and the services available via the following address:
“Users” refers to any moral person who has created an Account on the Website in accordance with article 5 of these Terms of Use;
“Visitors” refers to any person surfing on the Website, whether they have an Account or not.
4. SERVICE DESCRIPTION
It is understood that all Services offered to Visitors and Users do not exceed the strict limits of these terms and conditions. Visitors understand and agree that certain Services are for Users only. In the same way, Users understand that certain Services are only available to Broadcasters, Rights Holders or Mandators.
4.1 Presentation of L’Agence du court métrage - News
The Website introduces Visitors to L’Agence du court métrage, its team and its activities, in a non-exhaustive way. It is understood that all of the information is offered in an informative way, not on a contractual basis.
The Website also features various information on the short film industry and its news.
The Publisher declines all responsibility with regard to this news, which it receives from third parties.
Visitors may share the news available on the Website on certain social networks including, without limitation, Facebook, X and LinkedIn, subject to the provisions of article 9.
4.2 Membership and Subscription
The Website gives all Visitors access to a tool created via the third-party HELLOASSO enabling them to join L’Agence du court métrage (https://www.agencecm.com/fr/l-agence-du-court-metrage/pourquoi-adherer); as a natural person or a legal entity, and to subscribe to the SVOD platform Brefcinéma. (https://www.brefcinema.com/cgu--cgv)
Where applicable, memberships and subscriptions are subject to the general terms and conditions specific to each and accepted by all new members and/or subscribers.
Users understand and accept that membership and validity of such membership is mandatory for access to certain Services.
4.3 Film Catalogue
All Visitors are allowed to consult the Catalogue, however the access to Film Pages and Film screenings is restricted to Broadcasters with an Account.
The online Catalogue is composed of three categories, divided in several subcategories.
4.4 Search Engine
Visitors can use a search engine offering different filters (types of rights, territories, title, duration, category, key words etc.) which can be filled in manually or selected via drop-down menus, allowing to search Films in the Catalogue.
4.5 Film Pages
Visitors and Users have access to Film Pages, which include information, technical description, photographs, posters, and content dedicated to Films, upon availability of these elements.
Visitors and Users accept that Film Pages don’t necessarily offer exhaustive information on the Film and that certain Films may not offer certain elements (posters, photographs, educational resources…).
Visitors and Users formally agree not to distribute, copy nor allow any distribution, copy or reproduction of these Film Pages.
4.6 Screening
Broadcasters may screen certain Films in whole or in part on the Website in order to select the Films they may later order to the Publisher via a contact form.
Where applicable, the screening of Films is done by streaming for private use only.
It is understood that no screening outside of the listed territories is allowed in accordance with these Terms of Use. Any transgressing Broadcaster is subject to criminal and/or civil penalties.
Broadcasters cannot download Films.
Broadcasters understand that the entire Catalogue isn’t available for online screening. For unavailable Films, Users may directly contact the Publisher by email.
Broadcasters accept that not all of the Catalogue is available for online screening.
For unavailable Films, Broadcasters may contact the Publisher via email.
4.7 List of “My Selection”
Broadcasters have a tool allowing them to add Films or selections of Films to lists which are saved in their Broadcaster Account in the tab “My Selections”.
This list is a personalized Catalogue of Films, freely created by Broadcasters. Where applicable, Broadcasters may directly order their personalized selections to the Publisher via a contact form, or via the other websites and services hosted by the Publisher regardless of these Terms of Use.
4.8 Rights Holders
Provided they are up to date with their membership with the non-profit organization L’Agence du court métrage, Rights Holders may consult on their Account all the Films for which all or part of the exploitation has been entrusted to L’Agence du court métrage and for which they are Rights Holders, in particular as author or co-producer.
A search engine is available to Rights Holders, offering various filters to be filled in manually or selected via drop-down menus (and enabling more specific searches for Films entrusted to L’Agence du court métrage).
4.9 Film Exhibition Follow-Up by Mandators
Provided they are up to date with their membership with the non-profit organization L’Agence du court métrage, Mandators have access via their Account to follow-up tools of the agreements entrusted to L’Agence du court métrage in order to facilitate the execution and the follow-up of agreements and rights assignments in the framework of the various programs of L’Agence du court métrage.
- “My Films”
Under the tab “My Films”, the Mandators with an Account will find all the Films for which L’Agence du court métrage has been entrusted with all or part of the exhibition.
A search engine is available to Mandators offering various filters to be filled in manually or selected via drop-down menus (allowing them to search more specifically the Films entrusted to L’Agence du court-métrage).
For each Film that all or part of the exhibition has been entrusted to L’Agence du court métrage by Mandators, the latter will find the list of rights entrusted to L’Agence du court métrage as well as the information related to the delivery of the exhibition material regarding films for which the exhibition has been entrusted to L’Agence du Court-métrage as of January 1, 2024.
Details of the rights entrusted to L’Agence du court métrage are set out in each agreement signed with L’Agence du court métrage, to which the Mandators must refer.
- “My Distribution”
Under the tab “My Distribution”, Mandators and Rights Holders with an Account can retrieve the information regarding the Distribution of the Films for which L’Agence du court métrage was entrusted with all or part of the exhibition following this classification; public screenings, sales, programs of L’Agence du court métrage and Extra Court.
A search engine is available to Mandators and offers various filters to be filled in manually or selected via drop-down menus (title, director, period, screening location, etc.) allowing a more specific search of the distribution of one or several Films.
Mandators and co-producers with an Account can download the files in .xls format to track the exhibition of Films in the form of invoiced public screenings corresponding to the search made by the Mandator. Film directors do not have access to this download tool.
4.10 Newsletters
Any Visitor can ask to receive the general Newsletter of L’Agence du court métrage by entering the following information in the dedicated form:
- First name,
- Name,
- Email
Visitors may unsubscribe from the mailing list of the Publisher at any time by clicking on the dedicated link that appears in the Newsletter.
Upon creating their Account, Users agree to receive Newsletters, and decide to receive or not each Newsletter prepared by the Publisher with regard to all its activities including:
- The monthly newsletter to keep up to date with all the news of L’Agence du court métrage and its brands
- The newsletter about our Parisian screenings
- The monthly newsletter dedicated to movie theaters
- The newsletter for all broadcasters
- The newsletter dedicated to libraries and multimedia libraries
- The newsletter for audiovisual buyers
Users may unsubscribe at any time from the mailing list of one or several Newsletters via their Account.
4.11 Liability
With regard to the Services listed hereinabove, the Publisher consents to an obligation of means to Visitors and Users and undertakes to execute all the necessary actions to ensure the proper functioning of Services in the best conditions including flow rate and permanent Services.
The Website currently offers Users access to a Catalogue of Films. It is understood that the Catalogue may be enhanced with new titles however the Publisher does not undertake in any way to extend the Catalogue.
Visitors and Users understand that the Publisher may remove certain Films from the Catalogue at any time especially if the exploitation rights held by the Publisher expire and that their renewal, for whatever reason, may not be possible.
Because of the very nature of the Internet, Visitors and Users acknowledge that the Publisher cannot guarantee:
- A 24/7 operation of its Services;
- An optimal operation of Services with all computing configurations existing or future.
In addition, to ensure quality services, the Publisher reserves periods of time, limited as much as possible in number and duration, which may result in access interruption to the Website and its Services, for activities of maintenance, update or technical interventions. The resulting unavailability of the Website or its Services shall not under any circumstances be considered as a failure of the Publisher’s obligations.
The Publisher does not grant any guarantee other than listed in these Terms of Use.
5. CREATING AN ACCOUNT
5.1 Broadcaster account
Visitors understand that only distributors and legal entities are allowed to create a Broadcaster Account on the Website, and accept that the creation of a Broadcaster Account is submitted to prior approval of the Publisher in accordance with the following conditions.
A Visitor wishing to create a Broadcaster Account must fill out a Broadcaster Account creation form available on the Website, which includes:
Company information:
- Name,
- Address,
- Phone,
- Activity: selected in a drop-down menu
Contact information:
- First name,
- Name,
- Function,
- Email,
- Phone
Where applicable, the contact of the Visitor at the Publishers’: selected in a drop-down menu. When no prior contact exists, Visitors are welcome to select the tab “I don’t have a contact yet” and select an activity in the “Project” drop-down menu depending on the chosen activity.
A space allows Visitors to send a message explaining the purpose of their Broadcaster Account request while detailing their activity.
The Publisher reserves the right to reject or invalidate the acceptance of any Account creation when the information given by Visitors or Users happens to be incomplete, wrong, false, trivial or non-compliant. The Publisher may also require from Visitors or Users any written document proving their situation.
Once the Publisher validates the creation request, the Visitor:
- receives a link by email allowing them to create their Login Details (username and password).
In the same way, if Visitors already have an Account with one of the Publisher’s websites, they will be able to use the Login Details of this Account to create their Broadcaster Account on the Website. However, this option does not relieve Visitors from proceeding to the prior validation mentioned above regarding the creation of a Broadcaster Account.
5.2 Rights holder account
In order to open a Rights Holder Account, a Visitor must be the Rights Holder of at least one Film from the Catalogue, regardless of their position which may include; director, right holder, production or distribution company.
Visitors wishing to create a Rights Holder Account must fill in the Rights Holder Account creation form available on the Website with:
Their email address
The information regarding the filmography of the Rights Holder:
- Title of a Film
- Function of the Rights Holder: Directing, Production/Distribution, Rights Holder
A space allowing Visitors to type a message explaining why they wish to create a Rights Holder Account with their detailed activity.
The contact information:
- First name
- Last name
- Name of the company
- Telephone number
- Address
Visitors understand and accept that all or part of the above information may be pre-filled by L’Agence du court-métrage, as part of the proper execution of the agreement(s) signed between the Mandators and L’Agence du court-métrage.
Where applicable, Visitors are required to correct any inaccuracies when creating their Rights Holder Account.
The Publisher reserves the right to refuse or invalidate the acceptance of any Rights Holder Account creation if the information provided by the Visitor or User proves to be incomplete, erroneous, misleading, fanciful or non-compliant. The Publisher may also request from the Visitor or User any written document justifying their situation.
Once the Publisher has validated the opening request, the Visitor: receives an e-mail with a link enabling them to create their Login Details (login and password). Validation is automatic for Visitors whose e-mail address is already listed by the Publisher as a Mandator or Rights Holder.
5.3 LOSS OF LOGIN DETAILS
Users, should they lose their Login Details, can ask for a “password” reset in the sign in page under the “Forgot your password?” section. Another “password” will directly be emailed to them to the email address available in their Account creation form. Where applicable, the modified password applies to all the Publisher’s websites for which Users have an Account.
6. TECHNICAL SPECIFICATIONS
6.1 Optimal Configuration
The Website and the Services it offers are accessible with the technical configuration(s) mentioned hereunder:
Browser Google Chrome 122 and above*1, Firefox 123 and above*1, IE11, Edge 121 and above*1, Safari 17.3 and above*1
- Target computers: Mac, PC, tablets, and smartphones
- Target operating systems: Windows 10, Windows 11, Mac OSX, and Linux
- Screen resolution: Optimized for 1024-pixel width - Responsive design
Prior to accessing the Website, it is the responsibility of Visitors and/or Users to check that their computer hardware supports the minimum recommended technical configuration listed here above.
Visitors and Users are informed that any modification of their software and hardware configuration may result in a deterioration or impossibility to use the Website and its Services. Visitors and Users also understand that the Website may be modified and/or updated, resulting in the modification of the required configuration to its optimal access.
The Publisher shall not be held responsible for the inability of Visitors and Users, lacking the required configuration, to access the Website.
Under no circumstances whatsoever shall the Publisher be liable for any type of damage Visitors or Users may be subject to, should this damage be caused by a technical incompatibility of the User’s equipment with the Website.
Visitors and Users must have the necessary proficiency, equipment and software to use the Internet. Visitors and Users acknowledge that the Internet’s specificities and constraints cannot ensure the availability, the safety and the integrity of data transmission on the Internet. The Publisher does not guarantee that the Website will function without any interruption or dysfunction. The exploitation of the Website may be interrupted for maintenance, update or technical improvement, or for the evolution of its content and/or its presentation.
The Publisher does not guarantee Visitors and Users at any time, that the use of the Website and its Services meet their requirements, nor that the use of the Website may be interrupted, quick, safe or free of errors.
Under no circumstances whatsoever shall the Publisher be liable for a dysfunction, an access impossibility or bad functioning conditions of the Website due to inadequate equipment, disturbances caused by Visitors and Users’ internet service provider, to the network congestion and/or for any other reason the Publisher isn’t responsible for.
The Publisher reserves the right at any time to modify or develop the Website. These changes will come into effect once online.
6.2 Video File Format
Video files produced by the Website in order to be played or made available to Users, where applicable, are encoded in MP4 H264 format. Users need to have the necessary equipment and software for temporary storage and to be able to play this file format.
Under no circumstances whatsoever shall the Publisher be liable for any damage the User may be subject to, if this damage is due to a technical incompatibility of the User’s equipment with these video files.
7. INTELLECTUAL PROPERTY
7.1 Services
The Publisher holds all the Services’ intellectual property rights.
Any reproduction in whole or in part, any modification and/or use in whole or in part of the content of the Website (including, without limitation, brands, trademarks, images, sounds, graphics) for any reason and on any support without prior written authorization from the Publisher is strictly forbidden.
Any transgressing Visitor is subject to criminal and/or civil penalties.
7.2 Films
The Films made available to Users within the context of screening, where applicable, are digital files protected by national and international provisions with regard to copyright and neighboring rights. Users may screen the Films for private use only and within the limits set in article 4.4 of these Terms of Use.
It is also understood that any public reproduction and/or screening of the Films and any distribution outside of the authorized territories are forbidden.
Any transgressing Visitors and Users are subject to criminal and/or civil penalties.
8. TECHNICAL ASSISTANCE
Should you need any information, further information and complaint, the Publisher operates a customer service available here:
- Address: L’Agence du court métrage – 77 rue des Cévennes 75015 – Paris
- Email: info@agencecm.com
- Phone: +33 1 44 69 26 60
For any assistance regarding technical issues linked to the use of the Website, Users may contact our technical department here:
- Email: info@agencecm.com
- Phone: +33 1 44 69 26 60
9. THIRD-PARTY SERVICES
Visitors and Users acknowledge that the Website as well as the Newsletters may contain hypertext links to other websites and services published by third parties (hereinafter “Third Party Services”). The Website may allow Visitors and Users to share some content available on the Website with Third Party Services, including, without limitation, social networks. The sharing of this content with Third Party Services usually requires Visitors and Users to accept the Terms of Use of these Third-Party Services and to possibly share some information provided to the Publisher with these Third-Party Services. The Publisher is not responsible for this connection to a Third-Party Service and Visitors and Users connect at their own risk and in agreement with the Terms of Use of this Third-Party Service.
Visitors and Users understand in particular that Third Party Services may collect information on them and on their use of the Website should they share content regarding their services including, without limitation, links to the Website.
10. CLOSING AN ACCOUNT
10.1 By Users
Users may close their Account at any time by sending the Publisher their request by email.
Users understand that closing their Account on the Website has no repercussion on their potential memberships and accounts with the Publisher, created independently from the Website, which are ruled by the Terms of Use applicable to these websites and their services.
10.2 By the Publisher
The Publisher reserves the right to delete the Account of a User in case of:
- Behaviors transgressing the provisions of the Intellectual Property Code
- Breach of the User to any obligation set out in these Terms of Use
- Cessation of activity of the User or the Publisher.
11. INFORMATION TECHNOLOGIES AND CIVIL LIBERTIES
The Publisher undertakes to respect personal data provided by Visitors and Users and to comply strictly with applicable laws with regard to the protection of privacy and individual freedom resulting from the Regulation (UE) 2016/679 of the European Parliament and the Council of April 27th 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).
The Publisher undertakes to respect Visitors and Users’ rights with regard to the access of data, its correction and suppression. Visitors and Users may access at any time their personal data and correct it or have it corrected, clarified, updated or suppressed.
In that case, Users can sign in to their Account and make the changes they want.
Visitors are welcome to get in touch with the Publisher here: ingo@agencecm.com
Visitors and Users can also receive their personal data provided to the Publisher, in a structured format, commonly used and machine-readable. They have the right to transfer this information to any third party.
Such requests must be made to the Publisher here: info@agencecm.com
In general, Users acknowledge that their personal data is stored as long as their Account is open and as long as necessary to provide services.
Finally, Visitors and Users have the right to reject at any time, for reasons regarding their specific situation, the treatment of their personal data. However, they understand that it may result in dysfunctions of the Service.
The Publisher handles in a confidential way any information provided by Users within the context of their registration and in the use of their Account.
The Publisher complies with the appropriate and certified measures of the industry standards to protect Visitors and Users’ personal data. However, no transmission method on the Internet, or electronic storage method is 100% secure. The Publisher will notify any violation of personal data to the CNIL, the competent control authority, and to Visitors and Users in accordance with articles 33 and 34 of the RGPD (General Data Protection Regulation).
All personal data provided by Visitors and Users is reserved for the use of the Publisher only, within the context of the activities of the Website and the Publisher’s partners and in the strict limits of the
agreement form provided to Users and Visitors. However, Visitors and Users are informed that this information may be transferred by the Publisher in application to a legal or regulatory obligation or in application to the decision of an administrative, legal or regulatory authority.
The Publisher’s use of personal data includes, without limitation:
- Checking, handling, and updating Users’ Accounts;
- Communicating with Users and Visitors within the context of their Services;
- Giving advice to Users and transferring information regarding the Publisher and their products and services by email, letter, phone or text;
- Updating the Services’ technical specifications or designating a subcontractor to do so;
- Complying with legal and regulatory requirements.
In application to article 22 of the RGPD, the Publisher keeps a record of processing activities, to which Visitors and Users may have access by contacting the Publisher.
When legally required to, in case of personal data transfer to subcontractors within the context of article 11, the Publisher sets a contract in compliance with the provisions of the RGPD and mentioning the standard provisions regarding personal data transfer to the third countries where subcontractors are located.
12. COOKIES
In order to offer performing Services, “cookies” may be used while surfing on the Website. Visitors and Users acknowledge the implantation of a “cookie” in their computer, to save web surfing information, in order to facilitate the web surfing by memorizing certain settings specific to each Visitor or User.
Visitors and Users are reminded that cookies are data free of personal information, which shall under no circumstances be used by the Publisher for commercial purposes other than statistical.
Visitors and Users acknowledge having been advised that their browsers allow them to refuse the saving of “cookies” or to choose their settings, and that they can set up their computers accordingly.
However, Visitors and Users understand that such manipulation may prevent or limit the execution of certain functions of the Website.
13. FORCE MAJEURE
In the event of circumstances beyond our control or force majeure, it is understood that the Parties will not be liable for delay or failure to perform any of its obligations, caused by the other Party or a third party, or external reasons such as social conflicts, the intervention of civilian or military authorities, act of God, fire, water damage, malfunction or interruption of the telecommunication network. However, it is understood that the Party unable to perform shall do everything in their power to limit the duration of the effects of force majeure or any external cause.
Visitors accept that the Publisher shall not be liable for any malfunction or any interruption in the provision of the Service in connection with or as a result of force majeure nor for any damage resulting from these malfunctions and interruptions.
14. ENTIRE AGREEMENT
These Terms of Use constitute the entire agreement between both Parties, subject to the future modifications made by the Publisher within the limits of article 16 hereunder.
In the event that one of the provisions of these Terms of Use was found invalid or unenforceable owing to a present or future legal or regulatory provision, or a legal ruling by the courts carrying the authority for the matter judged and emanating from a competent jurisdiction, this provision of the agreement would then be considered as unwritten. The Publisher reserves the right to replace it in a new writing of these Terms of Use by the nearest valid provision. It is understood in any case that all other provisions shall remain applicable without any change.
15. TRANSLATION
These Terms of Use are written in French, where applicable, any translation of these Terms of Use is only offered as a courtesy to Visitors. The French version shall prevail over any dispute subsequent to the execution of these Terms of Use.
16. MODIFICATIONS
The Publisher reserves the right to adapt or modify the content of these Terms of Use at any time providing that Visitors and Users be informed. These modifications will be applicable immediately after being made available to Visitors and Users.
The Publisher will notify Visitors and Users with regard to any modification of these Terms of Use on the home page of the Website, by message, email or any other means more adapted. These Terms of Use are also available in footnotes under the entry “Terms of Use”.
If Visitors and Users keep using the Website following the modifications of its Terms of Use, they agree explicitly or tacitly to the modifications of these Terms of Use.
If Visitors and Users disagree with these Terms of Use, they must immediately stop using the Website. Users may proceed to the closing of their Account in application of article 13 of these Terms of Use.
17. APPLICABLE LAW – JURISDICTION
These Terms of Use are governed by the laws of France. In the event of a dispute, Parties acknowledge the competence of the Courts of Paris.