General Sales Terms and Conditions for Accreditations Festival 2020

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ARTICLE 1 – General Information

CITIA is a Public Cultural Cooperation Establishment, of which the headquarters are located at: c/o Conservatoire d’art et d’histoire – 18 avenue du Trésum – 74001 Annecy, France, registered at the RCS d’Annecy (French Trade & Companies Register) under the No. 489 885 111.

CITIA (hereinafter "the Organizer") organizes the Annecy International Animation Film Festival (hereinafter the "Festival") and the International Animation Film Market (hereinafter the "Mifa"). Also proposing meetings aimed at professionals and teachers from the film, television and multimedia industries (hereinafter the "Meetings").

The Festival is the global reference for animation film and propose, as well as numerous screenings in theaters and in the open air (films in or out of competition), exhibitions, signing sessions, etc.

The International Animation Film Market is the key global rendezvous for film animation industry professionals, in terms of coproduction, purchases, sales, funding and distribution.

The Meetings propose conferences, Work in Progress sessions, Making of, Masterclasses, Keynotes, etc. with world renowned experts from the animation film industry.

The accreditation procedure is mandatory to access and participate at the Festival, Mifa and Meetings organized by CITIA (hereinafter the "Events").

The cancellation of the 2020 Annecy International Animation Film Festival due to the force majeure of Covid-19 led the Organizer to create the Annecy 2020 Online event and therefore establishing new general sales terms and conditions especially for the online event, Annecy 2020 Online.

The events take place online from 15th to 30th June 2020.

Within this context, the Organizer proposes Festival accreditations aimed at the public enabling access to a selection of the Festival’s films via an online platform accessible at this URL address: https://online.annecy.org/ (hereinafter the "Platform") or on the Festival website accessible at this URL address: https://www.annecy.org/

The number of Festival accreditations is limited to 15,000.

The purpose of these General Sales Conditions is to specify the accreditation conditions under which professionals have access to these online services.

ARTICLE 2 – Provisions Relating to the Current General Sales Conditions

2.1 AVAILABILITY AND ENFORCEABILITY OF THE GENERAL SALES CONDITIONS (HEREINAFTER THE "GSC")

The GSC are available to participants on the Organizer’s website where they can be viewed directly.

The GSC are binding to the Participant who acknowledges, by ticking a box for this purpose, to have read and accepted them during the request for an accreditation.

Validation of the accreditation request by the Participant’s confirmation, in the conditions presented in Article 4 of the current GSC, represents the applicant’s adhesion to the GSC in force on the day of the request, and whose conservation and reproduction are guaranteed by the professional seller in accordance with Article 1127‐2 of the Civil Code (former C. Code, art. 1369‐4).

2.2 ARTICULATION OF THE GSC WITH THE PLATFORM’S GENERAL TERMS AND CONDITIONS OF USE (HEREINAFTER THE "GTCU")

Use of the Platform is also subject to the full and complete acceptance of the Platform’s GSC, accessible at this URL address:
https://www.annecy.org/resources/pdf/annecy2020_legal_notices_and_terms_and_conditions_Online_platform.pdf

In the event of any contradiction between the Platform’s General Terms and Conditions of Use and the current General Sales Conditions, the latter will take precedence.

2.3 GSC MODIFICATIONS

The Organizer reserves the right to modify the current GSC at any time by publishing a new version on the website. The GSC applicable are those in force on the validation date of the request for accreditation.

ARTICLE 3 – Festival Accreditation Conditions

The Festival accreditation is open to everyone, professionals or amateurs.

The Festival accreditation provides online access to events listed at this address: https://www.annecy.org/accreditations:en

ARTICLE 4 – Online Accreditation Procedure

The accreditation request demonstrates the participant’s definitive and irrevocable commitment to attend the Events.

In order to carry out the accreditation request, the applicant must follow these mandatory steps:

  1. Compose the following website address: https://online.annecy.org
    Accreditation requests begin on 15th May 2020 exclusively online on this website.
    The applicant is required to fill in the mandatory fields on the form and enter the means of payment.
  2. Check the accreditation form and, if necessary, identify and correct any errors;
  3. Confirm the accreditation, the total price and the all-inclusive price;
  4. Follow the instructions of the online payment server to pay the all-inclusive price, in accordance with the payment methods accepted by Article 4.1 in the contract.

The applicant may submit a request for an accreditation request until midday 29th June 2020, in the knowledge that the terms applicable to the cancellation rights are not the same depending on the request date, in accordance with Article 5.2 of the contract.

As the number of accreditations are limited, the applicant will not be able to carry out a request if there are no more accreditations available on the day of the request.

The Organizer examines the accreditation requests after having verified that the conditions giving right to the desired accreditation are fulfilled. This may include grounds for rejection, permanent or temporary, if incomplete communication of required documents, non-payment or any other legitimate reason, such as an existing litigation with CITIA.

The accreditation only becomes effective after the Organizer has sent the Participant’s paid invoice by e-mail to him/her.

"Participant" means any person, natural or legal, accredited by the Organizer and having the right, as such, to access and participate in all, or part, of the Events.

The rights resulting from the accreditation is personal and non-transferable. The accreditation does not give any right of accreditation for another event organized by the Organizer.

ARTICLE 5 – Financial Conditions and Cancellation Requests

5.1 PRICES AND TERMS OF PAYMENT

Accreditation prices are detailed at this address: https://www.annecy.org/accreditations:en

Festival Accreditation: 15 euros
Payment must be made in full after confirmation of the order.

The following secured payment methods are accepted:

  • Credit card: Visa, Mastercard, EuroCard, Electron (Amex not accepted)

Invoices will be available in your personal space at https://online.annecy.org

5.2 CANCELLATION REQUESTS

a. Cancellation rights for accreditations purchased before 31st May 2020:

The Participant has cancellation rights that he/she can exercise within 14 calendar days, which runs from the day after the order is effectuated. In the event where the deadline is on a Saturday, Sunday or a Public Holiday, it is extended to the next working day.

The Participant who would like to exercise his/her right to cancel please send their request by e-mail to: accreditation@citia.org. Refunds will be carried out fourteen days at the latest after the date in which the Organizer has been informed of the decision by the Participant to cancel.

After 31st May 2020 and once the legal 14-day withdrawal period has passed since the purchase date, the Participant remains liable for the full amount of his/her order and the sums previously paid shall remain vested in the Organizer by way of compensation.

b. Cancellation rights for accreditations purchased after 31st May 2020:

The Participant has cancellation rights under the same conditions as those set out in Article 5.2 (a).

However, if the Participant views a film from the Festival’s selection on the online Platform within the 14-day cancellation period, he/she will have expressly used the benefit of his/her accreditation and consequently waivers his/her right to cancellation. The films will automatically be made available to him/her and the Participant will no longer be able to exercise his/her cancellation rights.

ARTICLE 6 – Access to the Online Platform

6.1 OVERVIEW

The Platform to which the Participant has access after confirmation of his/her accreditation is available at this URL address: https://online.annecy.org/ or at this URL address: https://www.annecy.org/

The Platform is published by: CITIA, Public Institution for Cultural Cooperation (EPCC), its headquarters are at c/o Conservatoire d’art et d’histoire, 18 avenue du Trésum, 74001 Annecy, registered at the RCS Annecy, under the number 489 885 111.

The https://www.annecy.org/ website is hosted by the company Amazon Web Services:
Amazon Web Services LLC
P.O. Box 81226
Seattle, WA 98108-1226, USA
http://aws.amazon.com

These servers are physically located in Ireland in the European Union.

The Platform is hosted by: the company KAEMO, a simplified joint-stock company, with a capital of €40,161 and its headquarters at CS 36204 – 5 boulevard Vincent Gâche – 44262 Nantes Cedex 2, registered at the Nantes RCS, under the number 811 117 894.

These servers are physically located worldwide, and guarantee the security and confidentiality requirements in accordance with the applicable legislation concerning protection of personal data.

In the context of the current GSC, the Participant must conform to the Platform’s GTCU. In the event of non-compliance to these GTCU, he/she will be subject to the sanctions there within.

6.2 TECHNICAL CONDITIONS FOR ACCESSING THE PLATFORM

The technical conditions for accessing the Platform are detailed in the Platform’s GTCU.

ARTICLE 7 – Deferment or Cancellation of the Event

The Organizer reserves the right to postpone or cancel the Event, upon the occurrence of a force majeure or an unforeseeable change in circumstances during the sale of the Annecy 2020 Online offer making the execution too burdensome for the Organizer who had not agreed to accept the risk.

The Organizer will immediately notify the Participants.

The sums collected by the Organizer will be returned to the Participants without the possibility of claiming any additional compensation.

Considered as cases of force majeure:
Developing situation, sanitary, climatic, economic, political or social, at a local, national and international level:

  • not reasonably foreseeable at the time of communication of the Event to the Participants;
  • beyond the Organizer’s control;

and which, either makes the Event impossible to host, or entails the risk of disturbances or disorders likely to seriously affect the organization and smooth running of the Event, or the security of the property and persons.

If the restriction is temporary, fulfilment of the obligation is suspended unless the resulting delay justifies termination of the contract. If the restriction is permanent, the contract is automatically terminated and the parties are released from their obligations under the conditions provided for in Articles 1351 and 1351-1 of the Code Civil.

ARTICLE 8 – Intellectual Property Rights

8.1 Intellectual property rights for the Platform

The films provided on the Platform are protected under French Intellectual Property Code for France and/or worldwide.

In accordance with the provisions of the French Intellectual Property Code, use is strictly private and personal, limited to the family circle is authorized with the exclusion of any other use.

Any other use, except with the Organizer’s prior authorization and/or other rights holders, constitutes an infringement and is sanctioned under Intellectual Property.

8.2 Intellectual property rights concerning content produced by the Organizer as part of the Festival

Within the context of the Festival, the Organizer is required to create content such as live conferences (hereinafter the "Content").

The Content therefore created by the Organizer in the context of the Festival is protected by the laws in force under Intellectual Property.

It is the full and entire property of the Organizer or its partners. Any reproduction, representation, use or adaptation, in any form whatsoever, and in particular any capturing, recording, photography, disclosure of all, or part, of these elements, without the PUBLISHER’s prior written consent, is strictly prohibited. The fact for the PUBLISHER not to initiate proceedings upon becoming aware of these unauthorized uses does not constitute acceptance of said uses and the waiver of prosecution.

ARTICLE 9 – Data Protection – Collection and use of Data

The Participants are informed that CITIA, as Events Organizer and responsible for the processing as defined by the amended Act of 6th January 1978, collects, processes and stores personal data that concerns them to enable their participation at the Events.

The Participants agree to provide the Organizer with the following personal data deemed indispensable for their registration, to their participation at the Events and to access the Sites: Title, first name, last name, postal address, zip code, town, personal e-mail address, organization, date of birth

The Participants may also expressly consent to receiving information from the Organizer and/or its partners by ticking the box provided for this purpose when registering.

The personal data collected are strictly intended for the Organizer, their service-providers, their partners and to the Participants for the sole purpose of achieving the intentions set out above.

The sub-contractors, service-providers, partners and other Participants are required to respect the confidentiality and security of the personal data and only use them in the context of carrying out their mission as sub-contractor and service-provider. The Organizer guarantees the Participants that their personal data thus collected will not be disclosed to any unauthorized third parties without their prior consent. The Participants’ personal data are conserved by the Organizer for the necessary length of time to achieve the purposes for which they were collected, and in any event within a 3-year limit after the last contact.

In accordance with the legislation and the regulations in force, the Participants benefit from a right of access and rectification, a right to refuse on legitimate grounds, a right to erase and limit personal data, and a right to define guidelines on the fate of personal data after their death.

They also benefit from a right to data recovery and portability in the cases provided for by law. To exercise their rights they are required to write to the Data Protection Officer (DPO) by e-mailing to: dpo@citia.org or by letter to this address: DPO, CITIA c/o Conservatoire d’art et d’histoire – 18 avenue du Trésum CS 50038 – FR-74001 Annecy Cedex. They also have the right to lodge a complaint with the French Data Protection Authority (CNIL).

For more information concerning the management of their personal data and their rights, the Participants are invited to consult the Personal Data Protection Policy on the Events website available at: https://www.annecy.org/personal-data-protection-policy

ARTICLE 10 – Non-compliance and Sanction

Any breach of the provisions of these current general terms and conditions will result in the immediate (temporary or permanent) suspension of the Participant’s accreditation, without any refund for the accreditation or any other sum that the Participant will have paid to the Organizer, once a warning e-mail has been sent to the Participant (explaining the motive for suspension), and in the absence of a reply from the Participant within the three (3) days after sending this e-mail.

In any event, once a breach committed by the Participant has been confirmed, the Organizer will have the right to terminate the accreditation contract without summons or formalities, without prejudice to compensation that may be reclaimed by the Participant.

ARTICLE 11 – Election of Jurisdiction and Applicable Law

By express agreement between the parties, the current terms and conditions and the resulting transactions are governed by French law.

In the event of difficulty concerning the interpretation of this present document, only the French version of these Regulations is authentic.

In the event of a dispute, the parties prioritize implementation of an amicable resolution from the Organizer prior to referral to the Courts.

Any disputes to which the current general terms and conditions and resulting agreements could give rise, regarding validity, interpretation, execution, resolution, consequences and their aftermath, will be submitted to the competent courts of Annecy.

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