Photo Affairs is holding, with a view to promoting films on photography, a film festival entitled OP-Festival. This festival, partly accessible via the website http://www.opfestival.nl, published by Photo Affairs and Partners, consists of films.
Photo Affairs does not claim any ownership rights in the content. Photo Affairs retains all right, title and interest in and to www.opfestival.nl, including, but not limited to all associated intellectual property and proprietary rights existing anywhere in the world.
The present General Conditions apply to any person (hereinbelow "the user") in whatever country he might be who visit the website http://www.opfestival.nl and/or use the proposed services and notably the visualisation service of the films. The present General Conditions are applicable for the entire duration of their availability on the website http://www.opfestival.nl Photo Affairs and Partners reserves the right to unilaterally modify them.
The address of the publisher of the website http://www.opfestival.nl is as follows:
1017 PD Amsterdam
Article 4: Access to the films during the festival
Within the framework of the festival, and within the conditions and limits of the present General Conditions, Photo Affairs shall make the films available to the public, directly via the website www.opfestival.nl or indirectly via a link pointing towards a partner website, so as to enable each person upon his individual request to gain access via the viewing process known as "streaming" (hereinbelow "viewing") to the films for representation within the framework of the "family circle" and for an individual and/or non-commercial use.
Any use of films outside this framework is strictly forbidden, notably any resale, exchange, rental or transfer to a third party of all or any of the films or the elements (sounds, fixed and/or animated images, etc.) appearing on the website www.opfestival.nl.
By viewing is meant the faculty offered to the user, free of charge, to view, without the accomplishment of an act of downloading, the films in their integral version or by extracts, at the time and place of his choice.
The user shall refrain from, in any manner whatsoever, downloading the films and/or any one of the elements appearing on the website http://www.opfestival.nl (images, logos, trademarks, audiovisual works in their integral version or by extracts, music, etc.) and more generally making available, directly or indirectly, the films in whole or in part or any one of the above elements, notably on any sharing website or enabling an exchange on the Internet network.
By the Internet network is meant a hierarchy of networks consisting of an open and informal computer communications network using currently the standard TCP/IP, which makes accessible to the public from any media, known or unknown to this day, such as notably computers, mobile telephones, PDAs, interactive terminals, etc., various services and notably the exchange and sharing of files and data.
More generally, the user shall refrain from distributing, directly or indirectly, on any media, by any technological means whatsoever, commercially and/or downloading, all or any of the contents of the website www.opfestival.nl.
On no account, shall Photo Affairs, its partners and/or its staff, whatever their status might be, be held accountable in any country whatsoever, for direct or indirect, principal or secondary damages resulting from the visit to the website www.opfestival.nl , and use of its services, and notably in the event of dysfunction of its services due to maintenance or updating operations, or exceptional interruptions.
Similarly, Photo Affairs and its partners cannot be held accountable due to the illicit character of the films in the countries of connection.
Due to the sheer scope of the Festival and its object, the website /www.opfestival.nl is accessible from numerous countries the laws of which are different from Dutch laws. As a consequence, it is expressly agreed that by visiting the website www.opfestival.nl and/or participating in the festival, the visitor/user accepts without reserve of any kind that Dutch law shall be the sole applicable to any dispute which might arise directly or indirectly, due to the visit to the website www.opfestival.nl or participation in the festival.
By accepting the present General Conditions of Use, the user hereby recognises that they are specific to the website http://www.opfestival.nl. The General Conditions of Use of the partner platforms might differ, and Photo Affairs disclaims any responsibility for such eventual differences. During the user's visits to the partner platforms, he shall therefore be submitted to the General Conditions of Use of the concerned partner platform.
The rules of conflicts of laws remain however reserved.