Terms of service

General conditions of use

 

The Institut Français, a public industrial and commercial establishment located at 8-14 rue du Capitaine Scott, 75015 Paris, registered with the Paris Trade and Companies Register under no. 529 715 922, is the operator responsible for French cultural actions abroad.

As part of its mission to promote French cultural and creative industries internationally, particularly in the field of digital creation, the Institut français has made available to the public and professionals, in France and internationally, a website that promotes independent French video games, which can be accessed at: http://culturegamer.fr/, (the “Site”).

As part of this promotion, the Site offers a showcase for those involved in video games who wish to highlight the games they have created and/or be listed.

The purpose of these General Conditions is to determine the conditions under which listing may be carried out on the Site.

 

1. Definitions

 

Each term that starts with a capital letter shall have the meaning given in its definition, whether in the singular or the plural.

Content: refers to the content, such as text, images, video, or any content of any kind provided by the Professional in order to be listed or to list a Work on the Site.

Work: refers to a video game developed or edited by a Professional.

Professional: refers to schools, institutions, companies, associations and professionals in the video game sector wishing to be listed on the Site.

Network: refers to the directory listing Professionals, available on the Site.

Services: refers to the services accessible via the Site under the conditions provided for herein.

 

2. Request for listing

 

2.1. Listing criteria

In order to be listed on the Site, the Professional must propose a Work that meets the criteria defined on the following link: https://culturegamer.fr/partage-votre-projet/  

These criteria are non-exhaustive and may change over time.

For information, the Institut Français bases its selection on the following criteria:

  • All or part of the creative and/or production team for the Work is French;
  • The Work has been produced and developed for dissemination purposes, it is not the result of an order for advertising purposes;
  • The Work is in production or has already been produced;
  • The Work is or has been selected at one or more specialised festivals;
  • The Work is characterised by: a) the quality and originality of the storytelling and gameplay b) the aesthetic qualities of the game and the graphic and sound universe c) the ability of the game to address a wide audience, both in France and internationally d) the ability to link it with French or world heritage e) any other criterion that characterises the quality and technicality of French know-how in the field of video games.

The Professional expressly acknowledges that the Institut Français has no obligation to list them on the Site or to present their Works there. They also acknowledge that the Institut Français is the sole judge of the application of the criteria referred to above, and has no obligation to justify the way in which these criteria are applied.

In all circumstances, the final decision to publish Content on the Site, and more generally, any editorial choice relating to the Site, is the exclusive responsibility of the Institut Français.

Furthermore, the Institut Français reserves the right, without justification, to delist from its Site any Work or any Professional that does not meet or no longer meets these criteria.

2.2. Accuracy of information provided

The Professional undertakes to provide accurate and precise information when submitting a Work for listing on the Site.

The Institut Français may immediately delist the Professional from the Site if it appears that the information provided is inaccurate.

 

3. Intellectual property

 

By validating its listing request, the Professional expressly authorises the Institut Français to reproduce the Content and Work on the Site.

The authorisation referred to in the paragraph above is granted exclusively for the site accessible from the address http://culturegamer.fr/, and for the future digital creation portal of the Institut français, which will bring together by 2022 the content of the four digital creation showcase sites culturevr.fr, futurlivre.fr, futurimage.fr and culturegamer.fr, for the legal duration of the intellectual property rights relating to the Work and the Content, as provided for in France and in any territory from which the Site is accessible. 

The authorisation given also includes the right to make any changes to the Work and Content reproduced on the Site that are necessary to comply with the formats and editorial guidelines applicable on the Site.

The Professional hereby acknowledges that the changes mentioned in the previous paragraph is not intended to harm the work or the Content reproduced. He or she also acknowledges that the Institut Français alone decides which Professionals and Works may be listed and presented on the Site, and that listing on the Site is not likely to harm its reputation, regardless of the other Professionals mentioned on the Network.

 

4. Guarantee

 

The Professional shall refrain from any use of the Site that may infringe the rights of third parties and/or the Institut Français.

In particular, the Professional guarantees that a. the Content and Works reproduced on the Site do not contain any insulting, defamatory or sexist comments that may infringe the rights of third parties, that are contrary to morality or common decency, that are pornographic, racist or violent, or that may constitute an apology for or support crimes against humanity; b. the Content and Works reproduced on the Site are free from hidden defects or non-compliance and do not include any programme such as a virus, Trojan horse, spyware or other malicious programme likely to harm the interests of the Institut Français; c. the Content provided does not infringe regulations applicable to personal data; d.    he or she holds all intellectual property rights such as trademarks, drawings and models and copyright, of any nature whatsoever, and image rights relating to the Content and Works for which listing is requested on the Site. (Hereinafter the “Guaranteed Rights”) 

In this respect, the Professional shall compensate the Institut Français, upon first request, for any conviction, settlement compensation and costs resulting from any proceedings caused by the Professional’s breach of the Guaranteed Rights, as soon as the said proceedings have resulted in an enforceable conviction (final or not) in favour of the Institut Français, or the conclusion of a settlement agreement, or a financial settlement of any kind whatsoever.

 

5.Duration

 

The Services accessible from the Site are provided by the Institut Français for an indefinite period. As such, the Institut Français reserves the right to change the nature of the Services or to terminate the activity of its Site at any time.

These General Conditions may be amended at any time by the Institut Français. In the event of a modification, the Professional must request the withdrawal of his/her selected Works and his/her delisting from the Network within 30 days from the date of the modification if he/she does not agree with the revised version of the general conditions.

 

6. Personal data

 

As part of the management of the provision of Services and the use of the Site, the Institut Français acts as data controller within the definition of Article 4 of the General Data Protection Regulation (“GDPR”).

In particular, the Institut Français collects the surnames, first names and email addresses of representatives of Professionals when they make their request to list a Work.

The Institut Français also collects data from persons who have participated in the creation of the Work and personal data that may appear in the Content, when this data is communicated to it by Professionals.

This data is necessary for the listing of Works and the inclusion of Professionals in the Network. It is collected, recorded and stored in accordance with the applicable legal provisions, including the provisions of the GDPR.

Personal data collected from Professionals is not subject to any transfer of data outside the European Union. All personal data collected is stored on servers located within the European Union.

 

Exercise of rights

Anyone whose data is collected by the Institut Français has rights of access, modification, opposition, erasure and portability of their personal data. They may exercise these rights at any time by sending an email to the following address: panoramas@institutfrancais.com

In the event of difficulties relating to the management of their personal data, all data subjects have the right to lodge a complaint with the CNIL (National Commission for Data Protection and Liberties) or with any competent supervisory authority.

To find out how the Institut Français processes personal data, including data from cookies, you may consult the Site’s Privacy Policy (below).

 

7.Confidentiality

 

Each Party undertakes on its own behalf, on behalf of its employees and agents and on behalf of any person having access to its premises, to keep confidential the information defined below (the “Confidential Information “).

Confidential Information shall include, but not be limited to, all information and technical or non-technical data of a sensitive nature, such as ideas, concept, expertise, graphics, models, tables or marketing, financial or commercial data and information, communicated by one Party to another in the context hereof.

However, the following information will not be considered confidential:

  1. Information already in the public domain at the time it was transmitted by one Party to the other;
  2. Information communicated to the public, without breach of any obligation of this document;
  3. Information disclosed by a third party who legally holds it and is entitled to disclose it.
  4. Miscellaneous

8.1.         The invalidity of one of the clauses or one of the articles herein shall not affect the validity of the other clauses and articles. If one of the clauses is invalid, the Institut Français will endeavour to replace it with a valid, balanced clause with the same purpose.

Any agreement derogating from or supplementing these present must be recorded in writing.

8.2.         The Professional acknowledges that only these General Conditions govern his or her contractual relations with the Institut Français.

8.3.         The headings of the articles of these General Conditions are for convenience only and do not in any way affect the meaning of the provisions to which they refer.

8.4.         No act of tolerance by one of the Parties, even if repeated, shall constitute a waiver by the latter of any of the provisions of this agreement.

8.5.         Any issue relating to the validity, interpretation or performance of these General Conditions which cannot be successfully and amicably resolved shall fall under the exclusive jurisdiction of the competent courts within the jurisdiction of the Paris Court of Appeal.

 

Legal notices

 

1. The site’s publisher: 

The Institut français, a public industrial and commercial establishment, located at 814 rue du Capitaine Scott, 75015 Paris, registered in the Paris Trade and Companies Register under no. 529 715 922 and bearing number FR76529715922 .

 

2. Publisher’s contact details:

Institut Français – 8 – 14 rue du Capitaine Scott – 75015 Paris. Email: info@institutfrancais.com Phone: +33 (0) 1 53 69 83 00

 

3. Host:

The culturegamer.fr website is hosted by: OVH, 2 rue Kellermann, 59100 Roubaix France