General Terms and Conditions of Use
The following General Terms and Conditions of Use constitute a formal legal agreement between you, as a professional in the audiovisual sector, and INA.
The Website, accessible via the following address « inamediapro.com » (hereinafter referred to as the « Website »), is published and operated by the National Institute of Audiovisual (hereinafter “INA”).
By logging in to the Website, you agree to comply without reservations with the General Terms and Conditions of Use below (hereinafter “T&C”), which are legally binding between you and INA.
Being stated that:
- In order to have access to the integrality of the Website services, you must have a user account.
- The Website enables you to place orders for audiovisuel and sound content, excluding all online sales. If you wish to buy content online, attached to an already cleared license, we invite you to visit INA « Mediaclip » website, available at the address: https://mediaclip.ina.fr/fr.
The T&C are accessible online at any time. The applicable T&C are the ones that are available online on the Website on the day of your connection. The date of the last update is indicated at the top and bottom of the document.
We therefore invite you, before any use of the Website, to refer to this address.
INA reserves the right to periodically modify the T&C in order to adapt them to the features and services provided by the Website or to meet new legal and regulatory requirements. In the event that, after their modification on the Website, as evidenced by the date of update, general terms and conditions of use prior to these terms and conditions are still accessible via other websites, via a cache service or by any other means, they will not be binding on INA. You are therefore invited to connect directly to the Website to read the current T&C.
The Content that you identify and order from our database requires a legal check, possible clearances and an assessment of the quality of the material prior to any final delivery. INA cannot therefore guarantee its rights are available to license.
Content: Audiovisual or sound sequence owned by INA or its partners, accessible via the Website.
Account: Area on the Website made available to any Professional Identified User, allowing him/her to access, after logging in with his/her logging IDs (e-mail and password), all the Services of the Website.
User: Any natural person accessing the Website and/or using one or more Services of the Website, accessible without authentication.
Identified User: Any Professional User connected to its Account.
Porting: Service set up by the INA allowing Identified Users to see the collections of INA's partners for which it doesn’t have commercial and exploitation rights, allowing the Identified Users to be put in contact with said partners.
Professional: Any natural or legal person acting within the scope of his/her professional activity.
Services: Any or all of the features provided by INA and accessible online on the Website.
2. Services available on the Website
2.1 The Website allows every User to access the following Services:
- Discover or become better acquainted with INA and its partners’ Content;
- Carry out research in the collections of Content;
- View and listen to digitalized Content’s extracts;
- Contact INA via its dedicated Assistance.
2.2 The following supplementary Services can only be accessed by Identified Users, after being registered to its Account:
- View and listen to digitalized Content in integrality;
- Select extracts while you view or listen to Content;
- Transfer selected Content to the personal file or to a shopping basket;
- Download Content in H264 format with Time Codes (with burnt-in Time Codes on the video image);
- Send a shopping basket to INA’s contact person
- Send a shopping basket to INA’ s partners for Porting Content;
- Request that INA conducts documentary research.
2.3 INA reserves the right to update the Website's Services. INA may therefore add or remove features or functions. INA also reserves the right to stop providing Users or Identified Users with all or part of the Services, or to add or create new limits to the use of the Services at any time.
3. Creation of a user account
3.1 Access to all of the Website's Services is subject to the User's prior registration by INA and the opening of an Account. The creation of an Account is free of charge and is for an indefinite period (except in the case of special circumstances specified to the User). The opening of an Account is reserved for Professional Users.
To that end, the User must fill in a registration form available on the Website’s page: https://www.inamediapro.com/eng/inscription/inscription. By filling in the Account registration form, the User declares that he is a Professional or acts on behalf of a Professional. In order to create an Account, the User will have to fill in an Account opening form with his personal information. Required fields are marked with an asterisk. The User ensures that the personal data allowing him/her to be identified are sincere, exact and complete. The User will be asked to indicate in the form, a login and a password. These IDs are strictly personal and must not be shared or communicated to third parties under any circumstances.
Once the User has validated it, the form will be sent to INA for accreditation and the User will receive an e-mail confirming receipt.
INA will study the request and send its response to the User by e-mail as soon as possible after receiving the request. In the event of a positive response, INA will activate the connection IDs and the User will then, by identifying himself, be able to use all the Services on the Website. The User undertakes not to divulge these IDs, unless he/she takes all responsibilities for the possible fraudulently uses, for which INA may in no case be held responsible. In the event of loss or unauthorized use of the aforementioned IDs, the User agrees to immediately inform INA's helpdesk by contacting it via the contact form available at the following URL address https://www.inamediapro.com/eng/contacts.
3.2 Upon activation by INA of the said Account, the User will be able to access it, by logging in with his IDs, until the deletion of the said Account in accordance with the conditions of articles 3.3 and 3.4. The Identified User will have access to the following sections:
- “My Preferences”: allows Identified User to consult his/her professional information (status, function, company, sector of activity), functionalities and authorized content, to personalize his/her Account (modify e-mail, password) and to subscribe to the Newsletter;
- “My personal folders": allows Identified User to store Contents on the Website so that he/she can find it later;
- “Request History": allows Identified User to find the details of each request made (shopping basket, Time-Code files download basket and document search request) sorted by validation date;
- “Shopping Basket": allows Identified User to view the selected Content and send the selection to INA’s sales team.
3.3 The Identified User may request the deletion of his or her Account at any time, by sending a request by e-mail to firstname.lastname@example.org. Once this request received by INA, the Identified User will receive an e-mail confirming the deletion of the Account.
The Identified User is reminded that the deletion of the Account entails the loss of access to his or her data (active download links, request history, invoices, contracts, etc.). The Identified User is therefore invited to save this data on his or her hard drive beforehand.
3.4 In the event of non-compliance with those T&C, INA reserves the right to suspend or terminate, without delay, any User’s account, notwithstanding any action for damages and interests.
The Content of the Website is proposed in simple viewing and listening. Downloading during viewing or listening, with the exception of time-coded files downloading as described in article 5, is prohibited. Its implementation, despite this prohibition, will face legal prosecution before the competent courts.
4. Collections available on the Website
4.1 INA’s audiovisual and sound collections
The list of INA’s collections available on the Website can be viewed on the following page: https://www.inamediapro.com/eng/Collections/liste-partenaires.
4.2. Collections belonging to partners for whom INA has rights
The list of partners’ collections available on the Website can be viewed on the following page: https://www.inamediapro.com/eng/Collections/liste-partenaires.
The above list of partners’ collections is purely indicative, as it regularly evolves.
4.3. Among all the collections of INA's partners, the following collections are offered in Porting: ECPAD, Institut Audiovisuel de Monaco, SONUMA-RTBF.
INA offers the Content of the above-mentioned collections in Porting. When the Content of these collections is selected in a basket, INA transmits the content of this basket to the holder of the collection, who handles the sale and delivery.
The above list of Porting collections is purely indicative and does not constitute an exhaustive list, as it regularly evolves.
4.4 Viewing modalities of the collections available on the Website
MPEG 4 (H264) technology is used for viewing all the Content at around 600 kbit/second, and MP3 technology at 600 kbit/second with an HTML 5 player is used for listening. High-speed access is recommended for greatest comfort.
5.1 Shopping basket
The Identified User selects, among all the Content available on the Website, the ones he’s interested in, and puts them into his shopping basket. The Website’s player allows him to create his own extracts and put them into the shopping basket.
Once the shopping Basket is filled, it will be sent to INA's sales team by clicking on the "validate shopping basket" button available on the Identified User’ shopping basket page. Selections of Content other than those sent through the shopping basket will not be processed by INA’s sales team.
For Content offered through Porting, INA will transmit the shopping basket upon receipt to the partner’s relevant Porting collection.
5.2 Time coded download basket
The Identified User has the possibility of downloading a working copy (mock-up) of the Content, free of charge, in order to simplify his pre-editing work. These downloads are made in low definition and INA watermarked format. They are available for one week after validation of the download basket and are intended for test editing only (hereinafter "Time Code files download").
To do so, the Identified User must select, among the aforementioned Content accessible on the Website, those of his choice, and fill his Time Code files download basket.
The Website player allows Identified User to create its own extracts and put them into the basket.
When receiving the basket, the encoding of the timecoded files starts. As soon as the encoding is completed, the Identified User will receive an email with the links to the files to be downloaded. The Identified User may also download these files directly from his/her request history during for one week following the validation of the Time Code files download basket.
No right or guarantee is granted by INA on a working copy. In order to use the said Content in a project, the Identified User must acquire the associated exploitation rights, under the conditions set out in the corresponding license agreements.
5.3 Legal check of the Content of the order, excluding the Porting collections
The Content in the order basket requires a legal check - and, if necessary, a rights clearance –prior to any final delivery. Consequently, INA cannot therefore systematically guarantee the rights are available to license.
5.4 Request for documentary research
The Identified User may ask INA to conduct a documentary research on a specific subject or theme by returning a duly completed request form available on the following page: https://www.inamediapro.com/eng/searchRequest.
This documentary research will be charged and if necessary, will be subject to a separate agreement with INA.
6. Services not available on the Website (licences, deliveries, restoration, digitizing)
Once the final selection has been made on the Website under the conditions set out in article 5.1, INA’s sales team will contact the Identified User as soon as possible to send him/her a personalized quote corresponding to the order.
A license agreement will be sent to the Identified User by our sales team on the basis of the quote and the corresponding General Terms and Conditions of Sale.
The material is delivered by default in its original quality, without restoration. This restoration can eventually be done on request under conditions to be defined by mutual agreement.
For non-digitized Content, and for which there is a related documentary note, INA may digitize the material within 48 hours following receipt of an express request from the Identified User by email, provided that the said Content is recorded on a video medium.
It is reminded that the services described in this article are performed outside the Website. They are therefore subject to their own terms and conditions of sale, those T&C are not being applicable to them.
7. Website property
By logging in to the Website, the User gets access to content protected by law and, in particular, by the provisions of the French Intellectual Property Code, the General Regulation on the Protection of Personal Data (RGPD) and the French Data Protection Act (loi informatique et libertés).
INA is the owner of this Website and is responsible for its operating. Besides the Content, all Website’s content whether purpose-designed or made available for the Website, including, but not limited to, texts, graphics, photographs, sequences of moving images, sound sequences, illustrations, databases and software, hereinafter referred to "the Elements", are the property of INA or those partners having entered contracts with INA.
All the Elements of this Website, whether in its overall design or its Contents, are protected by patents, copyright and related rights, registered trademarks, and, more generally, by regulations pertaining to intellectual property. The Elements cannot be used for other usage than the one allowed for the Website’s navigation or the normal use of the Services, without prior permission laid down in a specific agreement with INA.
Any reproduction, public communication, decompilation, disassembly, sales or making available in whole or in part in any manner whatsoever of these Elements is expressly prohibited, except with the prior written consent of INA.
With regard to the Content, all exploitation rights not granted by INA to the User in a license agreement, are reserved to INA. The User shall indemnify INA or any third parties for any losses, expenditures, costs, or damages that may incur as a result of the User’s non-compliance with this contract or the unauthorized use of the Content and related rights thereto.
The User undertakes not to get access to the Elements other than via the ad hoc pages of the Website or by any means that the Website provides for this purpose. It is forbidden to block all or part of the functionalities of the Website, and in particular the links to any other Website linked by INA.
The Website may provide hypertext links to other websites published by third parties. These links do not constitute an approval or validation of their content. INA shall, in no event, be liable for such content or for any damages or injury arising therefrom. Furthermore, INA does not have any means of control and monitoring of the aforementioned websites or their developments or updates, the provision of hyperlinks does not give rise to any obligation whatsoever. The creation of deep links to this Website using a transclusion technique (framing, in-line linking, etc.) is subject to the prior agreement of INA.
INA reserves the right to remove at any time and without notice the access to all or part of the Elements and/or Content available on the Website. As such, INA cannot guarantee or be responsible in the event of such deletion.
8. Text and Data mining
INA is opposed to any texts and data mining as defined in article L 122-5-3 I. of the Intellectual Property Code, relating to the Elements and Contents on which it is a rights holder.
9.1 Responsibility on the Website’s Elements
INA does its utmost to provide the User with a quality service. However INA cannot guarantee the accuracy, reliability, or completeness of the information made available on this Website. Consequently, INA declines all responsibility for any lack of precision, inaccuracy or omission concerning the information available on the Website.
Furthermore, INA shall not be held responsible for the use or interpretation of the information contained on the Website.
9.2 Technical Responsibility
It is the User's responsibility to take all appropriate measures to protect his/her own data and/or software from contamination by any viruses circulating on the Internet. INA declines all responsibility for any loss of profits, income or data and assumes no responsibility for any indirect damages that may be suffered.
INA cannot provide any warranties as to the fact:
• the Website meets the requirements and needs of all Users;
• the Services available on the Website are secure, uninterrupted, timely, accurate or reliable ;
• the Services available on the Website offer a performance free of any defect or any level of quality ;
• the Website and the Content it allows to be downloaded will be free of viruses or any other harmful element likely to infect the Users’ computer equipment or connected objects.
When logging in to the Website, the User must take all necessary precautions to avoid introducing or spreading a virus on the Website, or other INA’s websites or third-parties’ websites accessible via links.
No warranty that is not expressly provided for in the T&C or in the legal or regulatory provisions in force is applicable to the use of the Website or the Contents.
The Website may be permanently or temporarily interrupted by INA at any time and without notice, in particular for maintenance purposes or for reasons of force majeure. INA declines all responsibility for this.
In this case, the User may contact the helpdesk at the following address: email@example.com.
10. Personnal data
As data controller, INA collects and processes Users’ personal data for the following purposes:
• Management of the User registration and management of the User Account ;
• Management of requests received via the contact form;
• Management of the subscriptions to the newsletters and emailing campaigns.
11. Users assistance
For any information, claim or question related to the Services of the Website, the User may consult the FAQ or address its request to INA’s assistance by email: firstname.lastname@example.org.
12. Applicable Law
The T&C represents the entire agreement between the User and INA with respect to the use of the Website.
The T&C are governed by French law. Any dispute arising from their interpretation or their execution will be submitted to the competent court of Paris, which is given territorial jurisdiction.
Specific Condition « Dedicated Space »
The "Dedicated Space" Specific Conditions (hereinafter the "SC- Dedicated Space") only apply to Identified Users employed by a company in a contractual relationship with INA authorized by the aforementioned Company to log in to its Dedicated Space. The SC - Dedicated Space describes and organizes the conditions under which said Users use the Site's Dedicated Space Service.
The SC - Dedicated Space completes the T&C which sets the general rules of use of the Website, except for articles 5 and 6 which are not applicable to Identified Users on their "dedicated space". The Identified User therefore expressly and unreservedly undertakes to comply with both the present SC - Dedicated Space and the T&C on each of his visits to the Dedicated Space. For this reason, the Identified User is invited to read very carefully both the T&C and the SC - Dedicated Space.
1. Description of the « Dedicated Space » Service
The "Dedicated Space" Service is a technical solution implemented by INA and allowing Identified Users -employees of a Company and authorized by said Company- to access a determined set of audiovisual resources belonging to the Company, for the Company's needs (hereinafter the "Dedicated Space Service”).
The "Dedicated Space" Service is invoiced to the Company on an annual basis, in accordance with the conditions set out in the agreement between the Company and INA.
2. Terms of access to the Dedicated Space Service
2.1 Opening of the Service
In order for INA to open a « Dedicated Space », the Company must provide by e-mail to the address email@example.com, the list of Users, Company’s employees that the Company allows to access the Dedicated Space Service, mentioning:
- Name, forename ;
- Company name.
2.2 Registration of new Identified Users
In order to register to the Dedicated Space of his Company, the User must follow the procedure for creating an Account by specifying in the "comment" box the following sentence: "Employee of the company ______[Company name]______, dedicated space", or any other equivalent wording.
The User will receive a registration confirmation email from INA containing his login and a temporary password. It is possible to change this password by accessing "My preferences", then "Password" and follow the instructions.
3. Research and viewing of the Company’s resources on the Dedicated Space
Once logged in to his Dedicated Space, the Identified User will only be able to carry out researches on the audiovisual ressources included in the Dedicated Space made available by his Company (hereinafter the «Company’s Ressources »).
The search will display a first batch of documentary results. It is then possible to read one of the resources’ note in its entirety by clicking on it. The Content player is also available on this page.
The Identified User can refine the results by using the filters on the left of the page.
3.2 Viewing of the Company’s Content
The player of the Company’s Content has the same functionalities as those available on the Website and functionalities specific to the Dedicated Space: choose your viewing sequence via a storyboard of images; create and name your own extracts by choosing a Time Code IN (starting point of the clip) and a Time Code OUT (ending point of the clip) for each of them.
To deliver a complete work, the Identified User simply creates an extract starting at the first image and ending at the last.
Extracts can be:
- saved and filed in personal search folders;
- transferred to other Identified Users of the Company;
- downloaded in low resolution with burnt in Time Codes;
- placed directly into the shopping Basket, which is the last step before receiving the selection in broadcast quality.
4. Delivery of the Company’s Content
Once the Identified User has sent his/her basket, the content of the said basket will be sent to the Company's server by FTP "push" in H264 format (MP4 container) at a target bit rate of 8Mb/s for SD files (720x576) or a target bit rate of 16Mb/s for HD files (1920x1080).
If delivery by FTP “push” is not possible, delivery will be made by FTP “pull”. The content of the basket will then be available on INA’s server and the Identified User will have a period of one (1) week from the date of dispatch to download the selected Company’s content. In order to track FTP “Pull” deliveries, the IP addresses of the workstations that download the Company’s content from the encrypted URL sent by INA via email will be processed and stored by INA, in its capacity as data controller, for fourteen (14) days from the date the email is sent. After this period, the IP addresses will be deleted. In the case of particularly large orders that take too long to download, the Company and INA may agree on delivery on a hard drive.
Delivery of the timecoded viewing content will be done by downloading from the Site in H264 format (MP4 container) at a target bit rate of 600kb/s (512x384).
5. Document Hierarchy
The present SC - Dedicated Space completes the T&C. In case of contradiction between the two documents, the SC - Dedicated Space prevails.
Last update: February 2022