Terms and Conditions

Please read carefully the following terms and conditions:

 

Purpose

Fondo Mixto de Promoción Cinematográfica (hereinafter “Proimágenes“), residing in the city of Bogota and with tax identification number 830046582-4, through the website www.locationcolombia.com (hereinafter, the “Website“), develops activities of inscription, registration and mainly of promotion of Colombia as a location for audiovisual works, in order to extent the supply of film services rendered by Colombians, and to guide producers and directors of movies and television about the possibilities and alternatives for their projects in Colombia in terms of logistics, locations, accommodation, national talent, permits and contacts, among others . Additionally, the Website offers interactive tools for users of the Website, as is the register to be part of the service directory (hereinafter, the “Service Directory”).

Proimágenes does not pursue any profit, gain or commercial interest with the content or links that are posted on the Website and on the websites of other entities or companies, which is accessed through the Website. Proimágenes requests to any user of this Website (hereinafter, the “User“), to carefully read these terms of use (hereinafter, the “Terms and Conditions“) before starting its exploration or use. If the User does not agree to these Terms and Conditions we suggest him to refrain from accessing or browsing this Website.

 

Contents

The Website is intended to provide the User with all kinds of information related to Location Colombia, a Proimágenes program, directed by the Colombian Film Commission. In any case, this information should be considered as exhaustive, complete or in any way, meeting all the needs of the User.

The Website contains articles or works of literary and scientific character (hereinafter, the “Information“) relating to Proimágenes or third parties, prepared by the Colombian Film Commission or by third parties, for dissemination and information purposes.

Proimágenes provides a translation of the Spanish version of the Website. The User agrees that the translation is provided only as a service, and Spanish versions of the content of the Website will govern the relationship with Proimágenes. If there are contradictions between the version in Spanish and English version of the Website Spanish version shall prevail.

The establishment of a link (link) to the website of another company, organization, program or any third party does not necessarily imply the existence of relations between Proimágenes and the site owner or website linked, or the acceptance or approval of Proimágenes of its contents or services.

Proimágenes is not responsible for the information found outside of this Website and that is not directly managed by the administrator of the Website. The links (links) displayed on the Website are intended to inform the User about the existence of other sources likely to expand the content offered by the Website, or which relate to those. Proimágenes neither guarantees nor is responsible for the operation or accessibility of the linked web pages; nor suggest, invite or recommend a visit to them, so they will not be responsible for the results obtained.

Changes and Updates

Proimágenes reserves the right to modify or discontinue, temporarily or permanently, the Website or any part thereof with or without notice. Additionally, Proimágenes reserves the right to make changes to the Website or products, programs, announcements, information and / or content included on the Website at any time without notice.

Adittionally, is understood that the Information, contained in the Website, was drawn from several sources and designed strictly as illustration for the User of the site, and for the purpose of strengthening the film industry by promoting Colombia as an excellent choice for locations when filming any type of audiovisual production, whether for national or foreign markets. Therefore, and in spite of careful selection of the Information, Proimágenes Colombia is not responsible for its application by any of the site’s Users and does not guarantee the truth, relevance, precision and/or trustworthiness of the Information, nor that of any of the links included in the Website.  Users, therefore, should not be base their decisions regarding projects and/or film affairs in Colombia on the Information, and should instead consult with professionals from the film industry and lawyers licensed in Colombia and specializing in these subjects.

 

Copyright

In accordance with the legal provisions relating to copyright and related rights, all designs, essays and contents of each of the documents and information presented herein, are protected by the laws of copyright and related rights, according to which, except license or authorization of the owner, they cannot be photocopied, reproduced digitally or physically, totally or partially modified or communicated publicly, under the consequence of being civilly and criminally liable for infringement of copyright.

Proimágenes do not pursue any profit, gain or commercial interest with the content or links that are posted on their website and on the websites of other entities or companies, which is accessed through the Website. The information contained in the related Website with third parties is exclusively used for making available to the public information film industry participants.

The User acknowledges and ensures strict compliance with the standards of protection of copyright and related rights in relation to each and every one of the literary and artistic works, artistic performances and / or phonorecords forming part his profile in the Website. Likewise, the User agrees to comply strictly with the duties which apply in this matter, exempting and releasing Proimágenes from all liability in connection with claims, disputes, lawsuits initiated by other owners or third parties and caused on the lack of compliance of the obligations of the User, (i) before the National Copyright Office (ii) companies that protect Copyrights or (iii) any person or entity affected. Similarly, the User accepts and assumes that any damages caused by failure to comply with these provisions, or lack of care and diligence, makes him responsible for all damages, exonerating Proimágenes of any potential liability . Failure to comply with the obligations agreed herein will exclude the User immediately from the Service Directory, independent of the compensation for damages by this effect corresponds to Proimágenes. The User assumes the implications incurred with the presentation of the application, and this does not generate any responsibility to Proimágenes.

 

Privacy Notice

By accepting these Terms and Conditions, the User declares that he is of legal age, and that authorizes the treatment of his personal data, in accordance with the privacy notice of Proimágenes (hereinafter the “Privacy Notice“), the text of which is below. For such purposes, it is understood the User as “Owner“:

 

This privacy notice (hereinafter, the “Notice“) states the terms and the conditions under which Fondo Mixto de Promoción Cinematográfica “Proimágenes Colombia,” a civil corporation nonprofit legally incorporated under the laws of the Republic of Colombia, with domicile at Calle 35 No. 5-89 Bogota DC, phone N° 2870103 and email info@proimagenescolombia.com (hereinafter, “Proimágenes“), will perform the processing of personal data.

 

  1. Mechanisms disposed for knowing the Information Treatment Policy:

The Owner may at any time access the information Treatment Policy of Proimágenes (hereinafter the “Policy”), accessing website www.proimagenescolombia.com in the tab entitled “Protección de Datos Personales”.

 

  1. Treatment to which data shall be submitted, and purpose of the same:

Personal Data treated by Proimágenes correspond to its employees and persons connected with the activities that Proimágenes develops under its object, including, without limitation, those linked to the Fund for Cinematographic Development (hereinafter the “FDC”), the Fund Film Colombia (hereinafter the “FFC”), the Bogotá Audiovisual Market (hereinafter the “BAM”) or agreements in which is part Proimágenes. Treatment of Personal Data by Proimágenes, will aim: (1.1) comply internal processes for Proimágenes on quality management, management of suppliers and contractors; (1.2) to comply with the contracts signed by Proimágenes; (1.3) to develop all the activities undertaken by Proimágenes in connection with the administration and management of the FDC and the FFC; (1.4) in relation to their employees, to make labor payments, social security, fiscal contributions and those arising from the employment relationship with its employees, to report tax information, maintain in their databases information concerning the contact cases emergency and send press work, administrative or professional nature. Likewise, making calls to perform work and to develop selection processes; (1.5) send information to exhibitions, workshops, festivals, markets, national or international, as well as players in the audiovisual sector; (1.6) send information to academic or institutional research purposes; (1.7) sending invitations to various events in the audiovisual sector; (1.8) send responses to requests, complaints or claims; (1.9) to manage the archiving process, updating protection systems and data curation and Proimágenes Databases; (1.10) managing all information necessary for the fulfillment of tax obligations and commercial, corporate and accounting records from Proimágenes; (1.11) to include information in catalogs guides or directories related to the audiovisual sector; (1.12) carry out the work of collection and administration of the quota for film development under Law 814 of 2003; (1.13) promote the updating, inclusion or deletion of the information in the databases of Proimágenes; (1.14) make delivery of the newsletters “Cine en Cifras”, “Pantalla Colombia” and “Location Colombia”, including its special deliveries; (1.15) place orders and payments to suppliers, and report tax information concerning purchases made to suppliers; (1.16) transmit data to third parties with whom there have entered into contracts for this purpose, for commercial purposes, administrative, marketing and / or operations, including but not limited to the issuance of ID cards, custom certificates and certificates to third parties, according with existing legislation; and (1.17) other purposes determined by Proimágenes in process of obtaining personal data for treatment and are communicated to the Owners at the time of collection of personal data.

 

Proimágenes treats personal data, directly or through the Data Processor under strict standards to ensure compliance with the policy and regulations. Personal Data may be collected by Proimágenes through specific forms submitted by the Owner or by any of its websites and/or technologic platforms (including but not limited to www.proimagenescolombia.comwww.locationcolombia.comwww.bogotamarket.com or www.convocatoriafdc.com), in the format or system designed for this purpose, along with the request for authorization. Proimágenes does not sell or rent their databases to third parties and undertakes all the necessary measures to maintain them with the privacy that is required, under restricted access with username and password and administrator.

 

  1. Owner’s Rights:

The rights conferred to the Owners of Personal Data consist in the following: (1.1) to refrain from answering questions about sensitive data. Responses that relate to sensitive data or children and adolescents data will be optional; (1.2) to easily and simply access to the personal data that is under treatment Proimágenes to effectively exercise the rights that the law gives them way; (1.3) to free access to the personal data that have undergone treatment by Proimágenes; (1.4) to know the agency or the person authorized by Proimágenes to handle complaints, inquiries, complaints and any other request related to your Personal Data; (1.5) to know, update and rectify their personal data with Proimágenes (or with the data processors). This right may be exercised, among others against partial, inaccurate, incomplete, split data, misleading, or those whose treatment is prohibited or not authorized; (1.6) to know, prior and efficiently, modifications to the terms of this Policy, and / or to the new policy Treatment of information, when it is instead; (1.7) to present to the Superintendency of Industry and Commerce complaints for violations of the provisions of the current regulations for the Protection of Personal Data; (1.8) to revoke the authorization and/or request removal of Personal Data when the treatment does not respect the principles, rights and constitutional and legal guarantees. The revocation and/or deletion proceeds when the Superintendency of Industry and Commerce has determined that the treatment, from Proimágenes or the processor, have engaged in conduct contrary to law, or where there is no legal or contractual obligation to maintain the Data staff in the Database Proimágenes; (1.9) to be informed by Proimágenes or the processor, upon request, regarding the use that has given Personal Data; (1.10) to request proof of the authorization granted to Proimágenes unless expressly excepted as a requirement for the treatment, in accordance with the provisions of current regulations; and (1.11) to have easy access to the text of the Policy and any amendments thereto.

 

  1. Definitions

The terms used in this Notice -capitalized singular or plural-, shall have the meaning given to them in the Policy or, in case of doubt, the meaning of the law or the applicable law may require.

 

User registration in the Service Directory

The User, who must be of legal age, can register in the corresponding window of the Website. This record will be reviewed and certain information provided by the User will verified. In case of doubt in regards to the information provided, Proimágenes shall not include such registration.

In any case, the User declares under oath that all information provided is true and verifiable. The information provided is done freely, taking into account that will be made available on the Website.

 

Conditions of entry into the Service Directory

Proimágenes, through the Colombian Film Commission is an entity responsible for informing producers and directors interested in Colombia about the best possibilities and alternatives for their projects. Through this Website there’s a facilitation of contacts with companies, production houses, agencies and authorities of various kinds.

It is therefore vital to the Service Directory available to foreign producers, to have the personnel and the most qualified and most experienced companies in the audiovisual sector.

To this end we have established together with the Ministry of Culture and Proimágenes a number of conditions to be part of this database:

 

– Conditions:

  1. To have been part of the technical team (persons) or to have provided services (legal entities) in at least one Colombian feature film released commercially in cinemas after 2003 or in a film that has had an incentive from the Colombian Fund for Film Development (FDC) or the Colombian Film Fund (FFC). The credit of this participation must be in the film in the end credits and will eventually be confirmed with the producer.
  2. Advertising production companies must be part of the Colombian Association of Advertising Films or be a company with accredited experience in producing commercials for national or international television channels.
  1. Television production companies must be part of Asomedios or being a company of proven experience in the production of programs for national and international television channels.
  1. Companies filmmakers of digital animation must be part of the Association of Filmmakers of Digital Animation and Video Games.

 

– Procedure to consider:

  1. After completing the registration, in case of being a registered User, the User will receive a confirmation to enter the administrator and will have control of information.
  1. In case of new user, after making the registration, it will be enabled in a maximum of 5 working days. At that time the User will receive confirmation to manage the information.
  1. If the registration is rejected, it is possible to request a case study at info@locationcolombia.com
  1. Once registration is active in our administrator, periodically and automatically may request for updating basic data; if this is not done, the system will disable presence in the service directory of the website locationcolombia.com

 

Conditions of use and restrictions

The User agrees not to give commercial value (sell, rent, exchange, etc.) to the information provided or made available to the public on the Website.

 

Proimágenes may terminate User access to the Service Directory, if according to the circumstances, determines that the User is a frequent infringer of the provisions of these Terms and Conditions.

 

Proimágenes reserves the right to decide whether the information provided or uploaded to the Website, violates the Terms and Conditions. Proimágenes may, at any time, without notice and at its discretion, remove such information supplied by the User and / or cancel the registration of Service Directory.

 

Intellectual property

The information in www.locationcolombia.com and other Proimágenes’ sites, as well as graphic design, presentation of content, trademarks and logos are the exclusive property of Proimágenes or third parties who have authorized their inclusion or use and have claimed to be the owners of these, which are protected by the national rules on intellectual property and international treaties on the subject has signed and ratified the Republic of Colombia.

The User may not use, sell, exploit or modify in any way the trademarks of Proimágenes, providers of information and services or third parties.

 

It is noted that the breach of the terms or conditions contained on the Website may constitute a violation of Colombian law with the consequences and sanctions that they impose.

 

Terms of use

Upon entering the Website the User declares that have read and accepted these Terms and Conditions in their entirety. Therefore, the User:

  1. Makes himself liable for any improper, illegal or abnormal use his exercise of the contents, information or services from the Website.
  1. Directly or through third person, will not encourage in any way against the Website, against its technology platform, information systems or interfere with its normal operation.
  1. It will not alter, block, or perform any other act that prevents displaying or accessing any service or content of the Website.
  1. It will not disclose either provide information through the Web page that contains viruses or harmful components.
  1. It will not use information, content or services of the Website in any way to invade the privacy of third parties (persons or entities).
  1. It will not try to break the security codes of the Website and its overall technology platform.
  1. It will not alter the information or materials posted on the Website.
  1. It will not promote illegal activities, or send or transmit on the Website or to the same, other users or to any person any information available obscene, defamatory, libelous, defamatory or discriminatory against Proimágenes, its staff, its contractors against any person Proimágenes related.
  1. It will not include in the Website or in mailboxes associated with any right of franchise, pyramid scheme, membership of a club or group, sales representative, sales agency or any business opportunity that requires a payment, requesting recruitment of other members, sub-distributors or sub-agents.
  1. Will not be able to use the information found on the Website for commercial purposes.

Your profile in the Service Directory

If you are registered on the Website as a User you are solely responsible for maintaining the confidentiality of your information to access your profile, once it is approved inclusion and to restrict access to your computer. You accept any responsibility that may fall by using your account, of the information for you, as well as the reliability of your password. Proimágenes reserves the right to refuse records, to close profiles or remove or edit content in its sole discretion.

 

Applicable law

The operation of this Website and the information it contains are governed by the laws of the Republic of Colombia.