General terms and contitions of use

GENERAL TERMS AND CONDITIONS OF USE

The "TV FESTIVAL" mobile application (hereinafter the "Application") and the www.tvfestival.com showcase website (the "Website") are published by MONACO MEDIAX - Festival de Télévision de Monte-Carlo, with registered office at Le Triton, 5 rue du Gabian, entrée C, 98000 Monaco (hereinafter the "Monte-Carlo Television Festival").
The Application (TV FESTIVAL) is hosted by ECASTE, 1501 Route des Dolines, Sophia-Antipolis.
The Publication Director is the Communications Department of the Monte-Carlo Television Festival.
Any and all use of this Application, which may be downloaded free of charge from the Apple Store or the Android platform, and may be accessed from the Website at www.tvfestival.com, will be deemed to be full and complete acceptance of these General Terms and Conditions of Use by users who register to use it (hereinafter the "Users").

ARTICLE 1: FIELD OF APPLICATION

These General Terms and Conditions of Use apply without restrictions or reservations to all individuals who require information on the Monte-Carlo Television Festival (hereinafter the "User" or "Users") and who use the platform published by the Monte-Carlo Television Festival (hereinafter the "Application") for the purpose of receiving information on the Festival.
This Platform provides information including the schedule for the coming Festival, practical information on access, transport, etc. and a forum in which Users can exchange information.
The purpose of these General Terms and Conditions of Use is to set forth the terms and conditions under which Uses are authorized to use this Application.
These General Terms and Conditions of Use are accessible from the Application at any time, and where required will prevail over any other version and any other conflicting document.
These General Terms and Conditions of Use may be amended at a later date. The applicable version will be the one in force on the Application at the date of publication.
The Monte-Carlo Television Festival reserves the right to modify the features and functionalities of the Application at any time. Users will only be informed of these developments by publication on the Application or by any other means the Monte-Carlo Television Festival deems sufficient.

ARTICLE 2: HOW TO CONNECT TO THE FORUM PLATFORM

The Platform does not require any particular connection except for connection to the discussion forum.
The discussion forum can be accessed in the following manner, at the User's discretion:
- by completing the "pseudo" field [this information appears on the public profile. Use of the User's first name as a pseudonym is authorized]. Users may modify this field by disconnecting;
- by connecting via "Facebook Connect".

ARTICLE 3: OBLIGATIONS OF USERS

All Users:
- are required to become familiar with these General Terms and Conditions of Use prior to any connection with the Platform, which will be deemed to constitute unrestricted and unreserved acceptance of them;
- must have the capacity to enter into contractual undertakings;
- are solely and fully liable for determining the content they publish on the Application;
- will ensure, inter alia, that the information and content they publish on the Application complies with these General Terms and Conditions of Use and the applicable regulations and that they do not infringe the rights of third parties, including but not limited to by content relating to justifying crimes against humanity, inciting racial hatred or violence, child pornography and violations of human dignity, and content that is discriminatory, infringes people's right to privacy or is defamatory.
- are solely liable for the use they make of the Application.
The publication of information that does not comply with the above-mentioned terms and conditions may lead to the suspension or even suppression of the User's account. The Monte-Carlo Television Festival does not carry out any prior or systematic checks of information that is published.

ARTICLE 4: SPECIFIC OBLIGATIONS OF USERS

Prior to any publication on the Application, Users must declare that they are acquainted with these General Terms and Conditions of Use.
Unless otherwise established, the data registered on the Monte-Carlo Television Festival's computer system will be deemed to be evidence of all publications made by Users via the Application.

ARTICLE 5: OBLIGATIONS OF THE TELEVISION FESTIVAL COMPANY

The Television Festival undertakes to provide its Users with a service that enables them to make contact with other Users through the Application with a view to exchanging information on news, practical information, the schedule and all information relating to the Monte-Carlo Television Festival.
The Television Festival has no obligation except to enable and facilitate said contacts among its Users by providing technical resources.

ARTICLE 6: PROCEDURE FOR ESTABLISHING CONTACT

Users with a pseudo or a Facebook connection may publish and make contact with other users. Their profiles must be published in French.
The Application therefore enables Users to publish the content of their choice.
The Television Festival reserves the right, however, to cancel or reject any publication by a User with whom there is a dispute regarding a conversation.

ARTICLE 7: NO CHARGE

Access to and use of the Application are free of charge for Users.

ARTICLE 8: RIGHT OF WITHDRAWAL

Users will have no right to withdraw or suppress any publication.

ARTICLE 9: LIABILITY

- Liability of the Television Festival company
The role of the Monte-Carlo Television Festival company is strictly limited to the publication of information using the technical resources it undertakes to provide in the context of an obligation of means [obligation de moyens].
The Monte-Carlo Television Festival reserves the right to interrupt services for maintenance purposes.
It is further recalled that the Monte-Carlo Television Festival carries out no prior or systematic verification of any information or content placed online by its Users, and that it is not a third party to any conversations that may be exchanged among its Users.
In addition, the Monte-Carlo Television Festival may under no circumstances be held liable:
- in the event of the non-performance of all or part of its obligations due to a force majeure event as defined in the laws and case-law of Monaco. In this regard, the parties expressly agree that events such as the following will be deemed to be equivalent to force majeure events: suspensions of energy supplies, failures of and/or interruptions in access to the Internet, breakdowns and/or sabotage of telecommunications systems, acts of computer piracy, fires, lightning, floods and other natural disasters, water damage, exceptional weather conditions, damage, epidemics, riots, wars, civil wars, insurrections, attacks, explosions, acts of vandalism, general or partial strikes and external lockouts to the Television Festival;
- as a result of comments or notes left by Users at the end of each conversation;
- in the event of the loss or improper use of information and data of which Users become aware during their exchanges.

ARTICLE 10: OWNERSHIP RIGHTS

All trademarks, copyrights, rights relating to databases and all other intellectual property rights of any nature whatsoever in and to the Application, and all rights relating to the underlying software code, are the property of MONACO MEDIAX or its licensors.
The Monte-Carlo Television Festival hereby grants you a revocable, free, non-exclusive worldwide licence to use the Application for your personal use.
You are therefore forbidden to:
• make or distribute copies of the Application;
• attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the Application;
• create derivative works of the Application of any kind whatsoever.
By using the Application, you acknowledge that you are forbidden to reproduce or copy any content that may be published in its various sections.

ARTICLE 11: DATA PROTECTION

The Monte-Carlo Television Festival undertakes not to disclose information provided by Participants to third parties. Such information shall only be used by its internal departments to process registrations or send information emails.
In compliance with Article 14 of the Monaco Act of Law dated May 25, 2018, the Participant has a right to access modification, correction and deletion of the latter's personal data. To do so, simply make your request online or by letter specifying your surname, first name and address.
In all events, the Participant declares that he/she is aware of Internet characteristics and limits, in particular with respect to technical performances, response time required to access, query or transfer data, as well as risks inherent to communications' safety.
It is expressly agreed that, except for obvious error by Monte-Carlo Television Festival, proved by the User, data stored in the Monte-Carlo Television Festival information system is valid evidence of orders placed by the User. Computer data and emails exchanged between the Participant and our services constitute valid evidence, and are admissible under the same conditions and with the same evidential value as any document which may be drawn up, received or filed in writing.
For the purposes of fulfilling the participation contract, all or some of this personal data may be:
• Communicated to other Participants, who may be located anywhere in the world, in order to enable them to prepare for the event and schedule their business appointments. In this regard, the Participants undertake not to use such data for any other purpose. The Organiser reserves the right to enjoin nuisances caused by such use by any means.
• Communicated to third parties that have entered into contracts with the Organiser, in particular the Organiser's representatives, service providers and partners, which may be located anywhere in the world.
• Used on all distribution and promotional media in connection with the relevant event.
Ref Confidentiality policy - CCIN : 2018.05064

ARTICLE 12: APPLICABLE LAW

This Agreement and any dispute arising between you and MONACO MEDIAX will be governed by the laws of Monaco, and the Courts of the Principality of Monaco will have jurisdiction over them, without regard to conflict of laws principles.
By using the Application, you expressly agree to use your best efforts to settle any dispute that may arise through the use of this Application amicably prior to commencing any legal proceedings.