General conditions of use of the frame.inaformation.com platform
Since 2010, the National Audiovisual Institute (INA) has organised, in partnership with the International Federation of Television Archives (IFTA) and the European Broadcasting Union (EBU) Academy, a training programme in English entitled ‘FRAME’, financed by the European Union. This programme includes 2 week-long on-site sessions aimed at international professionals working in the fields of archives and audiovisual media.
Within the framework of the FRAME programme, the INA proposes – in addition to its on-site training courses – distance learning modules that are freely accessible via the platform edited and hosted by the INA and available at this address: https://frame.inaformation.com/ (hereinafter the ‘Platform’).
These terms and conditions (hereinafter ‘Terms and Conditions’) outline to the conditions and access means relating to the Platform.
Any and all use of the Platform by users implies their full prior acceptance of the Terms and Conditions.
Article 1: Object of the Terms and Conditions
The Terms and Conditions govern the relationship between the INA and the users of the Platform (hereinafter the ‘Users’)
Article 2: Registration / Accessing the Platform
2.1. Prior information
In order to access the Platform, the User must provide the INA with the following information when they sign up: name, first name, email address (hereinafter ‘Registration Data’) The User warrants that their Registration Data is exact, true, complete, and up-to-date. A personal and confidential username and password will be issued to the User, so that they may access the entire content of the Platform. The User should store these and use them in a manner that ensures they remain confidential. Should they be used by a third party, or should they be lost, the User should immediately inform the INA by email using the following address: [email protected]
Access to the Platform will be possible from any computer connected to the internet and equipped with a recent Internet browser, excluding Internet Explorer, and with a sound card and speakers. The User will be able to access the Platform from 1st September 2019 to 31 December 2021 (hereinafter the ‘Term’), on all terminals (PCs, tablet computers, and mobiles), 24/7. The INA will do everything in its power to ensure optimal access to the Platform during the Term, it being understand that the INA cannot be held responsible for connection issues out of its control, including those linked to the User’s Internet connection and/or terminals. The User warrants that the cost involved with connecting to, browsing, and signing up to the Platform is theirs alone to front and will be determined by the fees requested by their telecommunication provider.
Article 3: Content of the Platform
Following their registration with the Platform, the User will access its content (video, texts, photographs, quizzes, etc.) related to the FRAME programme (hereinafter ‘INA Content’). The user will be able to access the INA Content as it is published on the Platform and until the end of the Term.
Article 4: Assistance
The User will be able to address questions and observations of an administrative or technical nature, using the contact form on the Platform.
Article 5: Intellectual Property
The elements of a technical, graphic, textual, or other nature that constitute the INA Content and/or Platform, as well as the Platform itself, are the exclusive property of the INA. Access to the Platform in no way implies that intellectual property rights to the INA Content or any other element of the Platform are granted, licensed, or transferred to the User. The INA grants the User a personal and non-transferable right to access the Platform and view the INA Content, within the strict framework of the FRAME programme. The User undertakes not to use the INA Content, or any other element of the Platform owned by the INA, outside of this framework, be it on a commercial or non-commercial basis. The User undertakes not to do the following, for which they would be liable for legal proceedings on grounds of infringement:
reproduce, record, or download part of or all the INA Content and/or any element of the Platform,
taking screenshots of all or part of the INA Content,
altering/modifying the INA Content or any other element of the Platform,
deleting any logo, copyright, or propriety notices affixed to the elements of the Platform and/or to the INA Content, by whatever means,
spreading a virus or code that could cause damage to the Platform or cause it to malfunction.
The User agrees to hold the INA harmless from any action, complaint, or proceeding brought by a third party as a result of them not performing their obligations.
Article 6: INA warranties
6.1. The INA undertakes to use every means at its disposal to ensure the quality and continuity of access by the User to the Platform throughout the Term. This is an obligation of means.
Access to the Platform by the User may nonetheless be interrupted by the INA at any time and for the purposes of maintenance or on grounds of force majeure, and the INA declines any responsibility in the latter. Such an interruption will not give rise to any compensation payable to the User.
6.2. The INA cannot be held responsible for potential damages to property, software, or data suffered by the User as a result of their use of the Platform.
6.3. In any case, the INA will only be held responsible for direct damages suffered by the User that will have been proven to be the sole result of breaches of its obligations by the INA.
Article 7: User warranties
7.1. The User is responsible for any content they circulate, including through quizzes, and for the use they make of the Platform, and protects the INA from any requests by a third party in this regard.
7.2. The user is solely responsible for ensuring that their user ID and password remain confidential. The User is therefore solely responsible for all actions conducted on the Platform with their user ID and password, except if the account is used after the User has unsubscribed from the Platform, or after the INA is notified of a misuse of the user ID and password.
7.3. Failing to comply with these Terms and Conditions may lead the INA to deactivate, whether temporarily or permanently, the User’s ID and password, with no prior warning and without prejudice to any possible recourse. Any such suspension/ deactivation will not give rise to any indemnities being paid to the User.
Article 8: Personal data
The INA, data controller, processes the User’s personal data in order to give them access to the Platform and to the INA Content. The type of data collected includes the User’s personal information (name and first name) and email address. The personal data collected is essential to this process and is destined to the INA’s Expertise service, in charge of implementing the FRAME programme, to the Platform’s help-desk, and to the services of the European Union in charge of controlling the implementation of the FRAME programme. The User’s data is conserved for the entire duration of the FRAME programme (3 years, until 31 December 2021), to which is added the limitation period for common law (5 years). Access to the User’s data is limited to those persons authorised to conduct data processing operations, security, and IT maintenance. In accordance with, and within the limits of, legislation in effect pertaining to the protection of personal data, the User has the right to access, limit, change, or delete their personal data, as well as to data portability. The User should address any request relating to User rights granted by said legislation by email to [email protected] or by post to Institut national de l’audiovisuel, care of Délégué à la Protection des Données, Direction Juridique, located at 4 avenue de l’Europe 94366 Bry-sur-Marne Cedex, accompanied by a photocopy of proof of ID. Finally, the User is entitled to lodge a complaint with the National Commission on Informatics and Liberty (Cnil).
Article 9: Applicable law
The Terms and Conditions are subject to French law.