CineCapsule TERMS & CONDITIONS

 

Welcome to CineCapsule, the new streaming platform for film festivals! We provide our subscribers with access to the full film festival experience, from film watching, to interaction with actors, directors and members of the community, streamed over the Internet to computers, iOS and Android mobile devices as well as Internet-connected TV's, game consoles and set-top boxes. These Terms & Conditions are subject to change without prior written notice at any time, at CineCapsule’s sole discretion, and such changes shall apply to any purchases made after such changes are posted. Therefore, you should review these Terms & Conditions prior to each purchase so you will understand the terms applicable to such transactions. In case you do not agree we kindly invite you to discontinue your use or access.

 

Please read these Terms & Conditions carefully as they contain important information regarding your legal rights, remedies and obligations. These include various limitations and exclusions, and a dispute resolution clause that governs how disputes will be resolved.

 

1. Registered Users, Free Trials, Subscription, Billing, and Cancellation

1.1 Becoming a Registered User

As the user, you will access the subscribe form to fill with his or her personal information on the website, by clicking the Box Office section in the menu. The identification and passwords of the subscriber are personal and confidential. The Subscriber undertakes not to disclose them and to take all necessary measures to preserve this confidentiality. Consequently, you will be responsible for any activity or action on his or her account. Once the subscription form has been validated, the subscriber will accept these GTC and will then be redirected to the payment page in order to complete your subscription to the Service. 

The Company reserves the right not to validate the subscription for any legitimate reason, in particular in the event that :

 

The Subscriber's method of payment is invalid. The Company finds that there is a dispute relating to the payment of a previous Subscription of the Subscriber.

 

1.2 Subscription

Your CineCapsule punctual, monthly or annual subscription will continue for the duration of the chosen festival, month to month or year to year unless and until you cancel your subscription. You must have Internet access and provide us with a current, valid, accepted method of payment to use the CineCapsule Subscription service. We will bill the subscription fee to your payment method. You must cancel your subscription before it renews in order to avoid billing of the next period's subscription fees to your payment method.

In order to subscribe to one of CineCapsule’s offers, you have to access the « Box Office » tab on the menu bar and select your preferred offer. To complete the purchase, you will need to register using an e-mail of your choice, a password and your selected payment method. For billing, payment and cancellation, please refer to articles 1.5, 1.7 and 1.8.

 

We may, from time to time and at our sole discretion, offer a number of special promotional membership plans, including membership plans offered by third parties in conjunction with the provision of their own products and services. Some membership plans may have differing conditions and limitations, which will be disclosed at your registration or in other communications made available to you. Where the terms and conditions for those membership plans conflict with the terms and conditions set out herein, these Terms & Conditions shall apply.

 

1.3 Ongoing Subscription

The Service is accessible world-wide so long that an internet connection is available.

Subscriber has access to the Website on which he or she can, in particular, navigate and consult the film files of the ongoing festival.

The films are available exclusively for the duration of the film festival it’s participating in. At the end of every festival, all film files will be deleted from the website.

You can opt for a single PASS for a film festival. It’s a single access PASS that will only grant access to the selected and ongoing film festival: it's only valid for the duration of the film festival, exclusively on CineCapsule, for the films provided by the festival in question and it doesn't work by renewal.

The subscription implies a payment from the Subscriber of either a variable single payment, or a fixed monthly price of 15.00 €, or an annual price of 150 €.

You will be informed of any change in the monthly flat rate price at least one (1) month before it comes into effect. In this case, the Subscriber will have the option of cancelling his or her subscription, under the conditions set out in article 1.8.

The Company CineCapsule shall not grant any pro rata temporis refund for partial use of the Service. Once the debit has been made, you will benefit from the Service during the period paid for, as set in article 1.8.

 

1.4 Short-time Offers

The Company may offer Users ephemeral subscription offers, for which it reserves the discretionary right to choose prices, subscription periods, free trial periods and the duration which they will be available for subscription.

You may find the Legal Notice of the offers in progress on the Service in the "Terms and Conditions of the Offers" section on the Website.

The subscription process for these ephemeral offers will be as indicated in article 1.2.

 

1.5 Billing

1.5.1 Recurring Billing. 

By starting your CineCapsule monthly or annual subscription, you authorize the Company to charge you a monthly or an annual subscription fee at the then-current rate, along with any other charges you may incur in connection with your use of the CineCapsule service, to your Payment method.

 

1.5.2 Price Changes. 

We reserve the right to adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms & Conditions, any price changes to your service will take effect following email notice to you.

 

1.5.3 Billing Cycle. 

For the monthly offer, the price of the subscription is debited on the Subscription anniversary date (corresponding to the date of subscription to the Service, possibly postponed by the duration of a trial period that the customer would have benefited from) and from the payment information that the Subscriber will have filled in at the time of his or her Subscription and that he or she will be able to find in his or her customer account, under the heading « My Account ». Until the Subscriber cancels its subscription.

As a result, you are required to update and/or modify your bank details via your account, under the heading "Manage my Subscription", in particular in the event that the validity of the details expires.

For the annual offer, full payment for the subscription is made at the time of registration.

Subscription fees are fully earned upon payment. We reserve the right to change the timing of our billing, in particular, as indicated below, if the payment method has not successfully settled. In the event your subscription begins on a day not contained in a given month, we may bill the payment method on a day in the applicable month or such other day as we deem appropriate. For example, if you started your CineCapsule monthly subscription or membership plan on January 31st, your next payment date is likely to be February 28th, and your Payment method would be billed on that date. Your renewal date may change due to changes in your Subscription.

 

1.6 No Refunds

Payments are nonrefundable and there are no refunds or credits for partially used periods. Following any cancellation, however, the Subscriber will continue to have access to the service through the end of his or her current billing period.

 

1.7 Payment methods

You may edit your payment method information by visiting our website and clicking on the heading "Manage my Subscription » on the Subscriber’s personal account. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your payment method information or cancel your account, you remain responsible for any uncollected amounts and authorize us to continue billing the payment method, as it may be updated. 

For certain payment methods, the issuer of your payment method may charge you a foreign transaction fee or other charges. Check with your payment method service provider for details.

 

1.8 Cancellation

1.8.1 Cancellation by the customer.

You can cancel your subscription at any time and you will continue to have access to the CineCapsule service through the end of your billing period. We do not provide refunds or credits for any partial subscription periods.

 

1.8.1.1 Monthly subscription

You can cancel your subscription at any chosen time, free of charge, from the "My Account" area accessible on the Website only, under the heading "Manage my subscription".

Cancellation takes effect on the due date of the current Subscription and the Subscriber remains liable for the remaining monthly payment due up to that date.

 

1.8.1.2 Annual Subscription

The annual subscription ends at the end of the 12th month of subscription. The subscription will not be automatically renewed after this date. Termination of the subscription can be made at any chosen time, free of charge, from the "My Account" area accessible on the Website only, under the heading "Manage my subscription ».

Cancellation takes effect on the expiry date of the Subscription.

 

In accordance with Article L. 221-28 1° of the French Consumer Code, the Subscriber may not exercise his right of withdrawal in the context of the provision of digital content not supplied on a physical medium, the performance of which has begun after prior express agreement by the Customer and express renunciation of his right of withdrawal.

Acceptance by the Subscriber of these GTC constitutes a waiver of the Subscriber's right of withdrawal, and the Subscriber may not invoke Article L 221-28 1° of the French Consumer Code.

 

1.8.2 Cancellation by the company. 

The Company has the right to terminate and/or suspend the subscription as of right in case of :

 

Non-payment of the subscription by the Subscriber;

Failure to update the information relating to the credit card at the end of its validity period.

Actions that contravene the provisions of the Intellectual Property Code;

And more generally, in the event of the Subscriber's failure to comply with any of its obligations under these GTC.

Such termination shall result in the immediate deactivation of the Subscription to the Service, without any right to compensation or reimbursement.

 

2. Passwords & Account Access

2.1 A User has access and control over the CineCapsule’s account. A User’s control is exercised through use of the User's password and therefore to maintain exclusive control, the User should not reveal their password to anyone, and should maintain control over the CineCapsule enabled devices that are used to access the CineCapsule service. In addition, if the User wishes to prohibit others from contacting CineCapsule’s Customer Service and potentially altering the User’s control, the User should not reveal the payment method details (e.g., last four digits of their credit or debit card) associated with their account. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account.

2.2 The CineCapsule service and any content viewed through the service are for your personal and non-commercial use only and may not be shared with individuals beyond your household. By sharing the CineCapsule service password or allowing others to access your account, the User agrees to be responsible for assuring that these household subscribers comply with these Terms & Conditions, and such User shall be responsible for the actions of the household subscribers.

2.3 You should be mindful of any communication requesting that you submit credit card or other account information. Providing your information in response to these types of communications can result in identity theft. Always access your sensitive account information by going directly to the CineCapsule website and/or through official emails. In case of uncertainty of the validity of certain links, animals or other communication services, please contact immediately CineCapsule’s Customer Service. CineCapsule reserves the right to place any account on hold anytime with or without notification to the subscriber or member in order to protect itself and its partners from what it believes to be fraudulent activity. CineCapsule is not obligated to credit or discount a subscription for holds placed on the account by either a representative of CineCapsule or by the automated processes of CineCapsule.

 

3. CineCapsule Service

3.1 You must be 18 years of age, or the age of majority in your province, territory or country, to become a subscriber to the CineCapsule service. Minors may only use the service under the supervision of an adult.

3.2 During your CineCapsule subscription we grant you a limited, non-exclusive, non-transferable right to access the CineCapsule service and view Film Festivals’s content, posted on CineCapsule. You agree not to use the service for public performances. All film rights are reserved to the directors, production companies and film festivals involved for each individual film. CineCapsule reserves its right to broadcast and stream its contents, upon authorization from the rights-holder.

3.3 You may view the CineCapsule’s content primarily within the country in which you have established your account and only in geographic locations where we offer our service and have licensed such content. 

The films selected at the festivals will be broadcasted exclusively at the time chosen by the festival and for the duration of said festival. 

The content that may be available to watch will vary by geographic location and will change at the end of every and each film festival, following the selection provided to CineCapsule from the festival’s coordinators.

3.4 The CineCapsule service, including the streaming rooms, is regularly updated. New film festivals are added frequently and new films, as well as, in the event of, interviews and masterclasses are made available to subscribers with the launch of each and every festival. In addition, we continually test various aspects of our service, including our website, user interfaces, promotional features and availability of CineCapsule’s content.

3.5 The content for each film festival is only available for the duration of the festival. In person events may happen, however CineCapsule only partakes in the creation and broadcasting of the film selection and the online aspect of the festival.

3.6 You agree not to archive, download, record, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use (except as explicitly authorized in these Terms & Conditions) content and information contained on or obtained from or through the CineCapsule service. You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the CineCapsule service; use any robot, spider, scraper or other automated means to access the CineCapsule service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the CineCapsule service; insert any code or product or manipulate the content of the CineCapsule service in any way; or use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the CineCapsule service, including any software viruses or any other computer code, files or programs. We may terminate or restrict your use of the CineCapsule service if you violate these Terms & Conditions or are engaged in illegal or fraudulent use of the CineCapsule service.

3.7 The quality of the display of the CineCapsule content may vary from device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. HD availability is subject to your Internet service and device capabilities, as well as the film director’s choice. Not all content is available in all formats, such as HD. The minimum connection speed for SD quality is 0.5 Mbps; however, we recommend a faster connection for improved video quality. A download speed of at least 5.0 Mbps per stream is recommended to receive HD content (defined as a resolution of 720p or higher). You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. The time it takes to begin watching CineCapsule content will vary based on a number of factors, including your location, available bandwidth at the time, the content you have selected and the configuration of your CineCapsule-ready device.

3.8 CineCapsule’s software is developed by, or for, CineCapsule and is designed to enable viewing of CineCapsule content through CineCapsule-ready devices. This software may vary by device and medium, and functionalities and features may also differ between devices. You acknowledge that the use of the service may require third party software that is subject to third party licenses. You agree that you may automatically receive updated versions of the CineCapsule and related third-party software.

 

4. Copyright : Ownership of rights / intellectual property

CineCapsule respects the intellectual property rights of others and expects its Users to do the same. All rights for the festivals and displayed movies are reserved to filmmakers, directors, production companies and all other entities responsible for the production, creation and distribution of the product. CineCapsule reserves its right to broadcast the festivals, logos, films and all other content provided by the film festival and all other parties involved.

All rights on this site and the entire content and all the information (including copyright, moral rights, any data, trademarks, service marks, know-how, concepts, designs, logos – whether registered or not – illustrations, images, videos, multimedia, audio, text, wordings, projects, techniques) are owned and remain the exclusive property of CineCapsule. All rights are reserved worldwide. It is strictly prohibited to use, copy, store, modify and display any content in whole or part by any medium or process other than for your own, non-commercial use without our written permission. You are not allowed to modify, delete, duplicate or distribute anything on this website. You are not allowed to breach these rights and misuse content. CineCapsule is protected by the french and international intellectual property law.

 

If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the CineCapsule website by completing the following DMCA Notice of Alleged Infringement (“Notice”) and delivering it to CineCapsule’s team. Upon receipt of the Notice as described below, CineCapsule will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the CineCapsule website.

 

To file a DMCA Notice of Alleged Infringement, please:

  1. Identify the copyrighted work that you claim has been infringed, or – if multiple copyrighted works are covered by this Notice – you may provide a representative list of copyrighted works that you claim have been infringed.

  2. Identify the material or link you claim is infringing (or the subject of infringing activity) and to which access is to be disabled, including at a minimum, if applicable, the URL of the link shown on the CineCapsule website or the exact location where such material may be found. Provide your company affiliation (if applicable), mailing address, telephone number, and, if available, email address.

  3. Include both of the following statements in the body of the Notice:

    • “I hereby state that I have good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)”

    • “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed”.

  1. Provide your full legal name and your electronic or physical signature.

Finally, deliver this Notice, along with all items completed to CineCapsule’s Team via our email hello@cinecapsule.com.

 

5. Use of Information Submitted

CineCapsule is free to use any comments, information, ideas, concepts, reviews, techniques or any other material contained in any communication you may send to us (labeled as “Feedback“), including responses to questionnaires or through postings to the CineCapsule service, including the CineCapsule website and user interfaces, as well as all social networks (i.e.,  Facebook, Instagram), without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the CineCapsule service. In addition, you agree not to enforce any “moral rights“ in and to the Feedback, to the extent permitted by applicable law. Please note CineCapsule does not accept unsolicited materials or ideas for movies, festivals or all other content of this nature, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to CineCapsule. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against CineCapsule and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the material or idea you sent.

 

6. Customer Support

If you need assistance of any kind, you can contact our Customer Support team at any given time via hello@cinecapsule.com.

 

7. General Terms & Conditions

7.1 Privacy

We collect personal information about you through and in connection with your use of the website and your use and/or purchase of CineCapsule's Products and Services. All information that we collect about you is subject to our Privacy Policy, which forms part of these Terms & Conditions, and which may be accessed from our home page or by clicking here is deemed to be incorporated into these Terms & Conditions.

Please refer to our privacy and cookies notice for more details.

 

7.2 Promotion Codes

Any promotion code or offer provided on the Website or via any Device cannot be used in conjunction with any other promotion code or offer, past or present.

 

7.3 Indemnity by you

You agree to indemnify and hold CineCapsule, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with your purchase or use of any product or services, or any violation of this Agreement or of any law or the rights of any third party.

 

7.4 Disclaimer of Warranties

CineCapsule makes no warranties of any kind, express or implied, with respect to any films made available on this site. Films and movies are provided “as is” by film festivals and directors and CineCapsule disclaims any and all representations and warranties, whether express or implied, including without limitation implied warranties of title, merchant, ability, fitness for particular purpose or non-infringement. CineCapsule cannot guarantee and does not promise any specific results from use of products or services. CineCapsule does not represent or warrant that products, services, or any part thereof, are accurate, complete, reliable, current or error-free or that products or services that are downloaded from the site are free of viruses or other harmful components. Therefore, you should exercise caution in the use and downloading of any such content or materials and use industry-recognized software to detect and disinfect viruses.


 

7.5 Changes to our terms and conditions

Our business is constantly evolving and so we may need to update our terms and conditions. You will always find the latest version on our website. 

✨ NEVER MISS A FILM FESTIVAL ✨