Legal & Terms

LEGAL INFORMATION
 
ISSN : 2263-8202
 
Publisher:
INA – National Audiovisual Institute
An industrial and commercial public institution
RCS Créteil 302421 193 B
 
Director of publication:
Laurent VALLET
Chairman & CEO of the INA
 
Registered office and postal address:
4 avenue de l’Europe – 94366 Bry-sur-Marne cedex
Telephone: 01 49 83 22 81
 
Hosting:
INA – National Audiovisual Institute
4 avenue de l’Europe – 94 366 Bry-sur-Marne cedex
Telephone: 01 49 83 22 81
 
 
Design /realisation of the site:
BDDP – Textuel La Mine
 
Personal data :
 
Personal data collected on the Site have been declared to the French Data Protection Agency (known in French as “CNIL”), in accordance with the amended Act n°78-17 regarding “Data Protection and Individual Rights” of 6 January 1978.
 
In accordance with said Act, all users have the right to access, rectify, change, oppose and delete their personal data. They may exercise their rights at any time:
 
  • directly on their Profile (tab “edit my personal data”)
 
or
 
  • by contacting InaGlobal at the following email address: contact@inaglobal.fr or at the following postal address: InaGlobal – 4 avenue de l’Europe – 94366 Bry-sur-Marne Cedex.
 
GENERAL TERMS AND CONDITIONS OF USE



Presentation of the Site 
InaGlobal – a review of creative industries and media – is an internet site published by the National Audiovisual Institute (Ina), the purpose of which is to analyse creative industries, media and the internet. To that end, it relies on a large network of experts. Intended for an audience consisting of the general public, particularly students, researchers and professionals in these sectors, this international platform is bilingual and free of charge.
 
Any person who accesses InaGlobal or uses one of its Services accepts, and commits to unconditionally and without reservation comply with, the General Terms and Conditions of Use.
 
Access to, and use of, InaGlobal is reserved exclusively for personal and non-commercial use.
 
1. Definitions
“InaGlobal” or the “Site” refers to Ina’s internet site accessible at http://www.inaglobal.fr.
 
“User” refers to any natural person accessing InaGlobal and/or using one or more of its Services.
 
“Identified User” refers to any registered User who has created his Profile.
 
“Content” refers to all of the data and, more generally, the information disseminated on InaGlobal.
 
“Contribution (s)” refers to all Article (s), reading Note (s) and Statistic (s) created by a User.
 
“Services” refers to one or more functionalities provided by InaGlobal and available on its site.
 
“Cookie” refers to a small file that is automatically installed on the User’s browser software, which enables InaGlobal to record browsing information.
.

2. Purpose
The purpose of these General Terms and Conditions of Use is to define the modes and procedures by which the User accesses and uses InaGlobal, and by which InaGlobal makes the Content and Services available.

3. Modification of the General Terms and Conditions of Use
The applicable General Terms and Conditions of Use are those that are available on the Site at the following address: www.inaglobal.fr/mentions-legales-cgu, on the date of connection to the Site.
 
InaGlobal reserves the right to change them at any time without advance notice in order to take into account any legal, regulatory, editorial and/or technical modifications.
 
Such changes take effect on the date they are published on the Site.
 
Since he is deemed to have accepted the most recent applicable version, any User must refer to the version of the General Terms and Conditions of Use that is online on the date of his connection to InaGlobal.
 
4. Content
InaGlobal is edited by the editorial team (“the team”), hereinafter referred to as the Editorial Office.
 
All of the Content available on InaGlobal is provided only for informational, non-contractual purposes.
 
InaGlobal extends every effort to offer Users Content that is available and verified (pursuant to the provisions of its Code of Ethics); however, it does not guarantee the accuracy, completeness, availability or currency of said Content.
 
5. Access and use
à Any User may freely and without charge:
  •  consult the Site’s Content ;
  • subscribe to the Newsletter: for a subscription, the User must give his email address, which will be processed under the conditions specified in article 9 below;
  • contact the Editorial Office to correct errors or make comments regarding the Site’s Content, propose a Contribution, or ask questions on the Site.
 
=> Any User who desires to create his Profile and use the related functionalities must register (article 6).
 
The User has free access to InaGlobal; however, all of the equipment and costs of electronic connection and communication necessary for accessing and using InaGlobal are to be covered exclusively by the User.
 
The User acknowledges that he has the skills and the means necessary for him to access the Site and use it.
 
InaGlobal does not provide any personal assistance, “hotline”, or technical support.
 
6. Registration 
All natural persons may register, provided that they are at least 18 years of age and are engaged in activities related to creative industries and media.
 
Registration is free of charge and for an open-ended duration.
 
Registration is subject to acceptance of, and compliance with, the applicable General Terms and Conditions of Use. In the event of a failure to comply therewith, InaGlobal may immediately suspend or cancel the registration of a User without advance notice and without prejudice to actions that InaGlobal might take to claim damages for any injury it might incur.
 
Upon his registration, the User shall provide mandatory information, which is signified by an asterisk in the registration form. Personal information transmitted in the registration form will be processed under the conditions set forth in article 9 below.
 
The User commits to provide true, accurate, current and complete information.
 
In the event that the User provides false, inaccurate, outdated or incomplete information, or if he does not demonstrate any significant connection with creative industries or media, InaGlobal reserves the right to refuse his registration.
 
7. « My Profile »
“My Profile” is a personal page containing information transmitted by an identified User, which the User may change or supplement at any time. In particular, it enables any User to create his biography, bibliography, agenda or press review, and to propose to the Editorial Office article (s), reading note (s) and statistic (s) (“Contributions”).
 
The same User cannot create several Profiles.
7.1 - Access
Identified Users have access to their Profile with the following identifiers: email address and password.
 
These identifiers are strictly personal and shall not under any circumstance be shared with, or transmitted to, third parties.
 
Each identified User is totally responsible for use of his password, which he commits to keep confidential and not disclose to third parties in any way.
 
Identified Users acknowledge and accept that any use of the Site and its Services via their Profiles or with their identifiers is deemed to be under their responsibility; therefore, they alone are liable for any injury due to use of their Profiles or identifiers, whether or not such use is fraudulent, and regardless of whether the injury is imputable to their own acts or omissions or those of third parties. 
 
In the event of loss or theft of a User’s password, or if an identified User becomes aware of, or suspects, fraudulent use of his identifiers, the User must immediately inform InaGlobal by sending an email to contact@inaglobal.fr.
 
If an Identified User forgets his password, he may request that it be sent to him via the “I forgot my password” link accessible at http://inaglobal.fr/user/password.
 
For reasons of security and liability, the identified User must ensure that he has closed his Profile at the end of each use by clicking on the “Disconnect” link.
7.2 - Information
Identified Users commit that the information and hypertext links they insert in their Profiles do not violate the applicable laws and regulations, are not contrary to public policy or good moral standards, and/or do not violate the rights of third parties (intellectual property rights, personal rights [privacy, image, reputation, etc.], personal or confidential data, etc.).
 
Identified Users guarantee InaGlobal that they own, or legitimately have at their disposal, all rights and authorisations necessary for dissemination of the information and hypertext links contained in their Profiles.
7.3 – Putting on line / Distribution
Identified Users expressly acknowledge and accept that the data and other information they insert in their Profiles are not confidential and are accessible to the public on the Site, except for their email address, dates of birth, countries and departments of residence, which will not appear on the Site and will remain confidential.
 
Therefore, identified Users must carefully select the information they provide regarding their Profiles. Considering the internet’s characteristics, and the fact that it is impossible for InaGlobal to control use of the information contained in Profiles, identified Users acknowledge and accept that InaGlobal shall not under any circumstance be held liable for use of the information contained in their Profiles by another User or third parties.
Profiles are accessible on InaGlobal via the name and given name (s) of identified Users.
 
The name, given name (s) and possibly photograph (s) of identified Users are disseminated on InaGlobal, particularly:
 
-          in the directory
-          at the head of their Contribution (s)
-          in the Site’s Tag cloud
 
The Profile of any identified User may also be directly accessible in the “Portrait” rubric on the Site’s home page.
7.4 - Deletion  
Identified Users may request deletion of the information contained in their Profiles (except for their Contributions, names and given names) by contacting redaction@inaglobal.fr.
 
In that event, the information contained in the Profile and access to all of its functionalities will be deleted by the Editorial Office within 15 days of the request.
 
However, access to the identified User’s contributions, name and given name (s) will be retained on the Site, and InaGlobal will continue to credit and associate the User’s name and given name (s) with his contributions, in accordance with his personal right.
7.5 - « Contact »    
The “Contact” rubric in the Profiles enables any User of the Site to contact identified Users.
 
All users commit to refrain from using this “Contact” rubric for advertising or prospecting purposes or from sending abusive messages.
 
Considering the internet’s characteristics and the fact that it is impossible for InaGlobal to control use of the “Contact” rubric by third parties, all identified Users acknowledge and accept that InaGlobal shall not under any circumstance be held liable for opinions and messages transmitted by any third parties in that context.
 
 
8. Contributions 
Any user may submit to the Editorial Office one or more Contributions by sending an email to redaction@inaglobal.fr.
 
If the Editorial Office agrees to publish the Contribution (s), the User must have registered and have created his Profile under the conditions specified in articles 6 and 7 for the publication of his Contribution (s).
 
Any unsolicited Contribution that is proposed by a User on his own initiative (“Unsolicited Contribution”), or is solicited by InaGlobal, shall be reviewed and approved by the Editorial Office beforehand in order to verify compliance of said Contribution with these General Terms and Conditions of Use, and the Site’s editorial policy and code of ethics.
 
A Contribution will not be published on the Site until it is expressly approved.
The User acknowledges and accepts that InaGlobal does not under any circumstance commit to a time frame for reviewing and approving his Contribution (s), or to the sending of particular reasons for rejecting his Contribution (s).
If InaGlobal refuses to publish a Contribution, it is not obligated to advise the User of its decision, or to justify or explain it. Contributions that are not approved will not be retained by InaGlobal and will not be returned. Hence, Users shall take all precautions to preserve their Contributions elsewhere.
 
Any unsolicited Contribution that is proposed is addressed free of charge to the Editorial Office and put on line on the Site, under the conditions specified in this article, and does not give the right to any remuneration, which the User acknowledges and accepts.
 
For his Contribution to be put on line on the Site, the User authorises InaGlobal, without exclusivity, to:
 
  • reproduce, insert, and communicate to the public, all or any part of his Contribution on the Site by any means of electronic communication, whether or not accompanied by other content that is related or unrelated to other content;
  • republish his Contribution in any other digital Service or medium operated by InaGlobal, particularly in the InaGlobal Newsletter.
 
This authorisation, which takes effect on the date that the Contribution is put on line on the Site, is granted worldwide and without compensation, and remains in effect for the entire period of legal protection.
 
Contributions might be disseminated by InaGlobal on any page of the Site and the Newsletter.
 
The User acknowledges that he is aware that storage of Contributions may require compression and automatic encoding of all or any part of the elements of his Contribution and of certain content (such as videos), and that these operations might engender deteriorations in quality. The User accepts such a risk, and guarantees InaGlobal against any recourse or legal action in that regard.
 
When the User proposes a Contribution, he guarantees that:
 
  • he is the owner and/or legitimately has at his disposal all of the rights and authorisations necessary for dissemination of his Contribution (such as intellectual property rights, personal rights, etc.) under the conditions specified in this article;
  • his Contribution does not contain any element or content that might violate the applicable law and regulations, might be contrary to public policy or good moral standards, and/or might violate the rights of third parties (such as intellectual property rights, personal rights (privacy, image, reputation, etc.), personal or confidential data).
The User acknowledges and accepts that his Contributions may be used by any other Users and third parties under the conditions specified herein.
 
InaGlobal may state all or part of Contributions as a reference in order to facilitate the management of their storage, and access thereto.
 
At its discretion, InaGlobal may erase or suspend any Contribution at any time, which the User acknowledges and accepts.
 
9. Personal data
InaGlobal respects its Users’ privacy, and strictly complies with the applicable laws and regulations in that regard.
9.1 - Declaration to the CNIL
Personal data collected on the Site are the subject of a declaration to the CNIL, in accordance with Act n° 78-17 of 6 January 1978, as amended, regarding “Data Protection and Individual Rights”.
9.2 – Rights of access, rectification and opposition
In accordance with Act n° 78-17 of 6 January 1978, as amended, regarding “Data Protection and Individual Rights”, the User has the right to access, rectify, change, oppose and delete his personal data.
 
The User may exercise these rights at any time:
 
  • directly on his profile (tab “edit my personal data”)
or
or at the following postal address: InaGlobal – 4 avenue de l’Europe – 94366 Bry-sur-Marne Cedex
 
9.3 – Use of personal data collected by InaGlobal
Pursuant to the provisions of the Act of 6 January 1978, as amended, regarding “Data Protection and Individual Rights”, InaGlobal commits that it will collect, use and store the personal data transmitted by the User in the “registration form”, in the context of his “Profile” or upon his subscription to the Newsletter, only for management of the Site.
 
Said personal data are intended for InaGlobal’s Editorial Office and shall not under any circumstance be sold, rented or exchanged.
 
The User may at any time oppose reception of InaGlobal’s offers, information or newsletter either at the time of his registration, by contacting InaGlobal at the addresses indicated above, or by clicking on the cancellation of subscription link located at the bottom of emails that the User may receive from InaGlobal.
 
Except for his name and given name (s) and, if applicable, his photograph, that the User has transmitted for this Profile, and which may be disseminated under the conditions specified in article 7 hereinabove, the User’s personal data shall not under any circumstance be visible on the Site or transmitted to third parties.
 
InaGlobal commits to take all technical and organisational measures that are appropriate for protecting personal data from accidental or illegal destruction, loss, alteration, unauthorised dissemination or access, and for keeping said data confidential.
 
InaGlobal commits to retain Users’ personal data only for the period of time that is necessary for InaGlobal to achieve the purpose for which they are collected.
 
Data collected when using the “Send to a friend” function are used only for sending the corresponding message, and are not retained.
9.4 - Cookies
InaGlobal reserves the right to install cookies in order to:
  • optimise management of the Site
  • store the identifiers and passwords
  • facilitate and personalise use of the Services, and browsing on the Site
  • analyse site visits or effectuate audience measurements
  • ensure that the Site has the appropriate material resources.
 
Cookies are retained only for the duration of the session.
 
Cookies alone do not enable identification of Users.
 
Users may refuse or eliminate cookies by changing the settings of their browser as follows:
 
For Mozilla firebox:
 
  1. Choose the “tool” menu, then “Options”
  2. Click on “privacy” icon
  3. Locate the “cookie” menu and select the options you want
 
For Microsoft Internet Explorer 6.0:
 
  1. Choose the “tools” menu, then “Internet Options”
  2. Click on the “Confidentiality” tag
  3. Select the level you want with the cursor
 
For Microsoft Internet Explorer 5:
 
  1. Choose the “Tools” menu, then “Internet Options”
  2. Click on the “Security” tag
  3. Select “Internet”, then “Customer Level”
  4. Locate the “cookies” rubric and select the option you want
 
For Netscape 6.X and 7.X:
 
  1. Choose the “Edition”> “Preferences”
  2. Confidentiality and security
  3. cookies
 
For Opera 6.0 and beyond:
 
  1. Choose the “File”> “Preferences”
  2. Privacy
 
Users are nevertheless informed that, in such event, access to some of the Site’s functionalities may be altered, even become impossible.
 
10. Hypertext links
10.1 – Hypertext links to Third Party Sites
InaGlobal may contain hypertext links referring to Internet sites edited by third parties over which InaGlobal has no control (“Third Party Sites”).
 
Activation of these links results in the Site’s User entering a third party’s site. The links to these Third Party Sites do not constitute any approval or validation of their content by InaGlobal.
 
InaGlobal points out that these Third Party Sites are subject to their own General Terms and Conditions of Use and Confidentiality Policy.
 
Therefore, InaGlobal shall not under any circumstance be held liable for content appearing on these Third Party Sites or for any collection and transmission of personal data on or from said Third Party Sites.
 
Therefore, InaGlobal will remove hypertext links published on the Site if they are deemed to be illegal or injurious.
 
10.2 Hypertext links to InaGlobal
 
The creation of hypertext links to the Site is free, provided that it does not damage Ina’s or InaGlobal’s material or personal rights and that it does not create confusion regarding the source of their Content.
11. Intellectual property
The Site itself (particularly its architecture, tree, graphics, templates, structure and plan) is Ina’s own property (except for technical tools under GPL GNY license that served to develop the Site, such as the “Drupal” software”).
The Site and the Services and Contents available thereon are protected by Intellectual Property Rights (copyrights, trademarks, rights of database producers, and any other rights recognised by the applicable legislation. Therefore, all rights in the Site, Services and Contents are strictly reserved.
Only presentation of Content on a single-station screen and its reproduction in paper printouts are authorised, and such authorisation is strictly limited to the User’s personal and non-commercial use. Unless otherwise specified, any other use of Content must be expressly authorised by InaGlobal.
In particular, without necessarily being limited thereto, the User commits to refrain from: 
  •  loading the Content;
  • changing, adapting and distorting the nature of the Site, Services or Content without InaGlobal’s express authorisation;
  • creating works incorporating or derived from the Site, Services or Content, without InaGlobal’s authorisation;
  • selling, marketing or renting the Site, Services or Content, without InaGlobal’s express authorisation.
Any use or exploitation of all or any part of the Site, Services or Content that is not expressly authorised is strictly prohibited and is subject to legal action for infringement.
 
12. Trademarks
Ina’s trademarks (particularly « InaGlobal » and « Ina ») and logos, as well as the other trademarks and logos appearing on the Site are registered and protected by industrial property rights.
Any reproduction or use of said trademarks and logos without their owners’ express authorisation is strictly prohibited, and is subject to legal action for infringement.
 
13. Liability
13.1 – User’s liability
The User acknowledges and accepts the Internet network’s characteristics, technical performance, limitations and risks.
It is up to each User to take all appropriate measures to protect his own data, software and materials from contamination by any possible viruses or harmful programs.
The User alone is liable for any damage to his computer and for any loss of data following a consultation or use of the Site and its Services.
The User alone is liable for abuses he might effectuate through the functionalities offered on the Site, with InaGlobal disclaiming all liability in that regard.
In particular, only the User is liable vis-à-vis InaGlobal and other Users for information and data he communicates in the context of his Profile and for messages he may send via the « Contact » rubric present on « My profile », and any consequences thereof,.
 
13.2 – InaGlobal’s liability
Content:
InaGlobal does not guarantee the accuracy, precision or completeness of the Content. Therefore, InaGlobal disclaims all liability for any lack of precision, inaccuracy, error or omission regarding the Content.  Moreover, InaGlobal shall not under any circumstance be liable for use or interpretation of the Content.
Under no circumstance shall InaGlobal be held liable for content and information contained on Third Party Sites accessible via hypertext links published on the Site.
Technical liability:
The Site and its Services are provided « as they exist», and are accessible without any guarantee of availability or regularity.
InaGlobal shall extend every effort to make the Site and its Services accessible 24 hours a day, seven days a week, except in the event of force majeure or a situation that is beyond InaGlobal’s control, and subject to the periods for maintenance, possible breakdowns, technical uncertainties related to the Internet’s nature, malicious interference, or any harm to InaGlobal’s materials and softwares.
InaGlobal may have good reason to interrupt access to the Site and its Services for maintenance and upgrading, or for any other technical or legal reasons.  Under no circumstance shall InaGlobal be liable for any such interruptions or for any possible consequences for Users as a result thereof.
InaGlobal does not give Users any express or implied guarantee regarding -- without necessarily being limited thereto -- continuity, performance and durability of the Services; the conformity or compatibility of a Service with a specific use; the quality or absence of defects in the Services; eviction; or nonviolation of laws and regulations or these General Terms and Conditions of Use.
InaGlobal shall not be held liable for any loss, injury or damage, either direct or consequential (such as loss of data, profits, clientele, intangibles, non-pecuniary injury) due to use, change, suspension, interruption or unavailability of all or any part of the Site and its Services, or to delays, errors or omissions in transmission of Content.
 
In particular, InaGlobal shall not under any circumstance be held liable for:
  • unreliability in data transmission,
  • problems in the security of transmissions,
  • access times,
  • possible restrictions of access to the Internet or networks to which it is connected,
  • presence of computer viruses on the Site,
  • interruption of networks for access to the Site,
  • deficiencies in the User’s equipment or modes of reception.
 
14. Applicable law
These General Terms and Conditions of Use are governed by French law.