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42TH ELCHE INTERNATIONAL INDEPENDENT FILM FESTIVAL

19 TO 26 JULY 2019

LEGAL NOTICES

GENERAL INFORMATION

In compliance with the provisions of Law 34/2002, of 11 July, on Information Society Services
and Electronic Commerce, in Law 56/2007 of 28 December on Measures to Promote the
Information Society and other rules of legal application, is brought to the attention of users of
the portal of the Elche International Independent Film Festival (hereinafter FICIE), which is
accessed through the address <www.festivalcineelx.es>> , the following general information:

1 - This portal has been created and is maintained at the request of the “Caja Mediterráneo”
Foundation (hereinafter, Organization). This entity is its legitimate owner.

2- The Foundation is an institution subject to the supervision of the Board of Trustees of


Foundations of the Valencian Community; of a charitable and social nature and whose primary
function is to create, support, manage and assist charitable, social and cultural works. Its
registered office is as follows:

“Caja Mediterráneo” Foundation


Doctor Gadea Avenue, 1
Zip Code: 03003
Alicante (Spain)

3. The Foundation is provided with Tax Identification Number: G-03046562.

4. The users of this portal will be able to establish a direct and effective communication with
the Foundation by means of a written communication sent to the postal address:

“Caja Mediterráneo” Foundation


42nd Elche International Independent Film Festival
Doctor Gadea Avenue, 1
Zip Code: 03003
Alicante (Spain)

And also through the following online channels:

E-mail: festivalelche@cajamediterraneo.es
Twitter: @festivalelche
Facebook: https://www.facebook.com/festivaldecine/

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PERSONAL DATA PROTECTION POLICY

In compliance with the provisions of Law 15/1999 of 13 December on the Protection of


Personal Data, the Fundación Caja Mediterráneo (hereinafter, the Organization) informs users
of this Website of the following:

1. The data that users provide by sending the registration form in order to register as
registered users of the FICIE portal, which is accessed through the main address
<www.festivalcineelx.es>, will be processed automatically and incorporated into the
corresponding file which is responsible “Caja Mediterráneo” Foundation with registered office
at Doctor Gadea Avenue, 1. Zip Code: 03003. Alicante (Spain).

2. Users will guarantee the veracity, accuracy, authenticity and validity of the personal data
provided by means of the registration form. In this sense, it will be the users' obligation to
keep the data updated in such a way that they correspond to reality at all times.

3. By providing personal data by sending the registration form, users declare that they fully
and unreservedly accept the incorporation of the data provided into the Foundation's files and
their automated processing, in the terms stipulated in this document.

4. The registered data will be used exclusively for the purpose of managing the celebration of
this edition of the FICIE in the terms described in the Rules Section. They will be duly cancelled
at the end of the Closing Ceremony.

5. The Organization undertakes not to collect unnecessary information about its users, to treat
with extreme diligence the personal information they may provide, and to comply at any stage
of treatment with the obligation to keep secret with respect to the data provided by users.

Likewise, the Organization undertakes to adopt at all times the technical and organizational
measures legally required to prevent loss, alteration, or unauthorized access, implementing for
this purpose all means and technical systems at its disposal, taking into account the state of
technology, the nature of the data stored and the risks to which they are exposed, whether
from human action or the physical or natural environment. However, users should be aware
that Internet security measures are not impregnable.

7. The Organization reserves the right to modify at any time its policy of treatment and
security of personal data, always respecting the legislation in force in the matter of data
protection, and previous communication to the interested parties, either by means of
publication in this same page or in any other place of the Website, or by any other means of
communication or diffusion that is considered opportune.

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GENERAL CONDITIONS WHICH MUST BE READ

1. The Author/Director/Distributor of the works submitted to the competition declares


that they are his authorship, direction and production and that, being originals, they are free
from third party claims.

Without prejudice to the use and marketing by the Author/Director/Distributor of the Award-
winning work, the Organization shall be entitled to:

● The right to keep the works in a digital archive in the domains and/or web pages of the “Caja
Mediterráneo” Foundation, so that they can only be viewed by users during the period of
validity of the Festival in any of its editions within the period of validity. Only those works that
have been marked "Open" by the Author/Director/Distributor will be viewed online. Online
access to the works may be made from the place and at the time chosen, allowing only direct
online viewing (streaming). Once the edition is finished, all the participating works, both open
and private, will be deleted and removed from the online support.

● The limited rights of public communication of the winning works so that the “Caja
Mediterráneo” Foundation, through the activities it organises or collaborates with, can carry
out as many screenings as necessary in order to promote the winning works. The screenings
will serve to disseminate the short film and the Festival itself, as long as this does not affect
the distribution and possible marketing of the short film and always in contact with the
Author/Director/Distributor.

● The reproduction rights of the winning works so that they can be archived and so that the
Fundación Caja Mediterráneo can make a special edition in cd, dvd, online or similar format in
which the work is included together with the rest of the works submitted to this or previous
Editions of the Elche International Independent Film Festival, but always with the authorization
of the Author/Director/Distributor in order not to damage its distribution and
commercialization.

Despite the Organization having these limited rights of reproduction, the


Author/Director/Distributor of the winning works may contact the Organization to request the
withdrawal of any of their works, in the event that it is negotiating its marketing or
distribution. The Caja Mediterráneo Foundation supports the short film industry by paying
royalties to SGAE (Society that manages copyright) on all its reproductions, whether during the
screenings in the Official Section or in other cycles that are organized.

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LEGAL ARTICLES

1 - Purpose

Through the Web Site <www.festivalcineelx.es> any user will be able to visualize the works
that are presented to the contest in the present edition of the FICIE. It is not allowed to
download the works submitted to the competition. Only direct online viewing is allowed.

Only those users who have registered as registered users will be able to upload, vote and
comment on the works that participate in this competition.

2 - Conditions of access and use of the Website

2.1 - Free access.

The use of this Website is free of charge.

2.2 - User registration

Access to and use of this Web Site does not require the prior registration of users.

However, in accordance with the third section of these General Conditions, only registered
users may upload, vote and comment on the short films participating in this edition of the
FICIE.

In order to register as a registered user, the following steps must be completed:

- STEP 1: Fill in the registration form, which is available in the section "User Registration" on
the Web.

- STEP 2: Accept the "General Conditions of Use" of the portal and the "Personal Data
Protection Policy", which will be available at all times for the user to consult.

- STEP 3: Send the "User Registration" form. Next, the user will receive an email with the
instructions to validate the registration made.

Registered users undertake to use the access keys they select (user name and password) in
accordance with the following restrictions:

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▪ The access codes are for the exclusive use of the user who owns them and their custody and
correct use are their exclusive responsibility. The Organization will not be responsible for any
damage that the user or third parties may incur as a result of others using their password, with
or without the consent or knowledge of the user.

▪ The Foundation undertakes to comply with the obligation of secrecy with regard to the
access codes selected by the user.

2.3 - Truthfulness of the user's information

The user guarantees the veracity and authenticity of the information and data communicated
by sending the registration form to register as a registered user.

In this sense, it will be the user's obligation to keep the information and data communicated
up to date, in such a way that they correspond to reality at all times.

Any false or inaccurate statement that occurs as a result of the information and data
manifested as well as the damages that such information could cause will be the responsibility
of the user.

The Organization will give to the above mentioned data the automated treatment that
corresponds in function of its nature or purpose, in the conditions and terms indicated in the
section of "Policy of Protection of Personal Character Data".

2.4 - Obligation of correct use of services and contents

2.4.1 - The user assumes the obligation to make correct use of the services and content that
make up this Web in accordance with the General Conditions of Use in force, the laws,
morality, public order and generally accepted good customs.

2.4.2 - Unless previously and expressly authorized by the Organization, users may only use its
contents and services for their own and personal use and, therefore, shall refrain from
performing any act that, directly or indirectly, involves a commercial exploitation of them.

2.4.3 - In any case, the users will use the contents and services facilitated by this portal in
accordance with the effective legislation, specially on author rights, and will assume the
responsibilities in which they could incur by the conducts or activities that, in any form, could
be illicit or injurious for rights of third or that could damage, impede or limit the use of this
Website to the Organization or to other users.

2.4.4 - Users declare to be of legal age. Only users who have reached the age of majority may
submit their works to competition in this edition of the FICIE.

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2.4.5 - In particular, and by way merely indicative and not exhaustive, users undertake not to
capture data or content for advertising purposes, as well as not to transmit or disseminate
through this Website works, videos, messages, images, photographs, software, data, content
or comments that:

▪ In any way contravene or violate fundamental rights recognized by law.

▪ Induce, incite or promote criminal, denigratory, defamatory, infamous, violent,


discriminatory for reasons of sex, race, religion or ideology, or, in general, are contrary to law,
morality or public order.

▪ Are false, ambiguous, inaccurate, exaggerated, obscene or extemporaneous.

▪ Are protected by any intellectual or industrial property rights belonging to third parties,
unless prior and sufficient authorization of its legitimate owner.

▪ Lesionen or may injure the right to honor, personal privacy, the image of others or infringe
the rules on secrecy or confidentiality of communications.

▪ Constitute illicit, deceitful or disloyal publicity.

▪ Contain viruses, Trojan horses or any other material or program that may damage or alter the
functioning of equipment or computer systems.

Should the situations previously mentioned in this point occur, users shall assume all
responsibility they may incur towards third parties derived from their actions, exonerating the
Foundation of any responsibility in this respect.

2.5 - Restrictions on access

The Organization reserves the unilateral right to deny access to this Website to those users
who do not comply with the General Conditions of Use in force, and this without prior notice
or justification.

3 - Industrial and Intellectual Property

3.1 - Industrial Property

The distinctive signs (graphics and words) that appear on this Website, among which the
graphic-denominative mark “Caja Mediterráneo” Foundation stands out, are the exclusive
property of the Foundation. Consequently, their use in economic traffic by third parties who
lack the necessary authorisation is prohibited.

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The possible presence in this Web Site of distinctive signs of ownership alien to the Foundation
is carried out with the authorization of their legitimate owners, always with the due respect to
their exclusive rights.

3.2 - Domain names

The domain name <www.festivalcineelx.es>, titled 42th FICIE, may be accessible from other
domains titled by the Organization. Its improper use in economic traffic would be an
infringement of the rights conferred by its registration and will be pursued by the relevant
legal means.

3.3 - Copyright of the Website www.festivalcineelx.es

3.3.1 - The contents, texts, photographs, designs, logos, images, sounds, videos, animations,
recordings, computer programs, source codes and, in general, any intellectual creation existing
in this Web Site, as well as the Site itself as a whole as a multimedia artistic work, are
protected as copyrights by current legislation on Intellectual Property.

3.3.2 - In accordance with the foregoing, the Organization is entitled to exclusive rights of
reproduction, distribution, public communication and transformation, as well as any other
right of a patrimonial nature, on the elements indicated in the preceding paragraph, and all
without prejudice to the moral rights on the authorship correspond to their authors.

3.3.3 - With regard to the existing copyright on the works that participate in the FICIE, it should
be noted that these are partially assigned to the Foundation under the conditions described in
the FICIE Bases.

3.3.4 - Outside the scope of this section are those files or freeware computer programs that,
where appropriate, the user could find and download through this Site in order to enable
access to its contents. These are, in any case, applications that have the character of public
domain by express will of their authors.

3.4 - Personal use

The user is expressly authorized by the Organization to visualize online (streaming) the works
that are presented in open in the present edition of the FICIE, as well as any others that could
be at his disposal, from the place and at the chosen moment. However, downloading is
absolutely forbidden.

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3.5 - Reserve for shares

The use of the contents or services of this Web Site does not imply or imply the granting of a
licence or authorisation for use of any kind on your Intellectual or Industrial Property rights or
on any other right.

The user of this Website undertakes to respect all the rights enunciated and to avoid any
action that could harm them, reserving in any case the Organization the exercise of all the
means and legal actions corresponding to it in defence of its legitimate Intellectual and
Industrial Property rights.

4 - Links

4.1 - Links to web pages independent of this Web Site

4.1.1 - In the Web Site <www.festivalcineelx.es> the user will be able to find diverse links that
will lead him to independent Web pages. Its sole purpose is to facilitate access to other
sources of information on the Internet related to the services and content offered. Its insertion
in this Web Site is inspired by the respect of the Intellectual and Industrial Property rights that,
in its case, could correspond to its authors and legitimate owners.

4.1.2 - The Organization is not responsible for the contents accessed by virtue of the
aforementioned links, nor for the modifications carried out in them, nor for the use made of
them, nor for their technical availability.

Nevertheless, the Organization undertakes to do everything possible to avoid the existence in


this Web Site of links to sites of illegal content, which promote illegal racist and xenophobic
activities and, in general, susceptible of attacking the principles of freedom and human dignity
or violating the values and rights recognized by the Spanish Constitution and by the Universal
Declaration of Human Rights.

In the event that it has effective knowledge that the information to which a link refers is illicit,
the Organization undertakes to act with due diligence to remove or disable the link.

4.2 - Conditions of link to this Website

Persons or entities that intend to make or make a link from a Web page of another Internet
portal to this Site shall be subject to the following conditions:

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▪ Any link to the Web <www.festivalcineelx.es> must be formed by the name "Elche
International Independent Film Festival", being prohibited the use of any other brand, logo,
slogan and other distinctive signs belonging to the Foundation.

▪ No frames, deep-links or image links shall be established with the pages of this Website
without the prior authorisation of the Foundation.

▪ No false, inaccurate or incorrect statement will be included regarding this Site, or the services
or contents thereof.

▪ The establishment of the link does not imply the existence of relations between the
Foundation and the owner of the web page or portal from which it is made, nor the knowledge
and/or acceptance by the Foundation of the services and content offered on that portal.

▪ The establishment of links without respecting the aforementioned conditions may imply a
violation of the Intellectual and/or Industrial Property rights owned by the Foundation.

5 - Comments

This Website allows registered users to comment on their impressions in the file of each work
submitted to the competition.

The Organization is not responsible for the content of these comments but will strive at all
times the proper use of the service, and will ensure maximum respect for the dignity of
individuals and freedom of expression protected by the Spanish Constitution, reserving in any
case the right to deny or eliminate interventions of illegal content or that it considers
inconvenient without justification or explanation, as soon as it has effective knowledge of
them.

Users shall avoid any type of false, abusive, obscene, threatening or in any way infringing the
legislation in force.

6 - Cookies

The Organization informs users that, unless otherwise stated, there are no "cookies" installed
on this website.

Cookies are small files of information that are generated through the instructions that the Web
servers send to the browsers, and that are stored in a specific directory of the user's computer.
Cookies by themselves cannot personally identify the user, although they can contain the IP
address of the user himself.

Most browsers automatically accept cookies. However, the user has the possibility of
preventing access to your computer, by choosing the appropriate option of your browser.

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7 - Termination and Modification

Although, in principle, the duration of this Site is indeterminate, the Organization reserves the
right to modify, suspend or terminate the provision of its services or content, in whole or in
part, at any time, and without prior notice to users of the same.

Likewise, the information, presentation and services offered by this Site may be subject to
periodic or specific changes, which may be freely carried out by the Foundation without the
latter being obliged to notify users.

8 - Applicable Law and Jurisdiction

These Legal Notices are governed by Spanish Law.

MARCH 2019

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