This agreement is a translation of the French version and the controlling language is French language. Accordingly, in case of conflict between English and French language versions, the French version shall prevail.

Please read these terms carefully before using this Service. Subscribing to an offer indicates that you accept these Terms.

Article 1 – Definitions

The following definitions are used in the interpretation and application of these Terms:

« Subscriber(s) » : mean the photographers, video producers / directors, and image professionals as well as their authorized representative who wish to create an Internet website dedicated to presenting their activity in order to publish, promote, license, sell and/or distribute their images, video clips and other products, in digital or physical form, and who have subscribed to a subscription offer from PhotoDeck in order to build and host their professional website on the PhotoDeck platform.

« Terms » : mean the present terms and conditions ;

« Subscriber Content » : means the images, video clips and other products published, represented, copied, sold and/or distributed by a Subscriber on his dedicated website ;

« Personal Data » : means any information relating to an identified or identifiable natural person ; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person, by reference to article 2 of act n°78-17 of 6 January 1978 on information technology, data files and civil liberties, and to article 4 of EU regulation 2016/679 by the European Parliament (April 27. 2016, « General Regulation on Data Protection ») ;

« Platform » : designates the online PhotoDeck platform, described on the Owner's website photodeck.com, accessible under the URL my.photodeck.com, on which is presented an offer for technical means allowing future Subscribers to build and operate their professional customized website, and to host Subscriber Content.

« Owner » : mean the PhotoDeck company, who owns the rights to the online photodeck.com platform and who controls it, and from whom the Subscribers subscribe to a subscription offer for the construction and hosting of their dedicated professional website ;

« Service » : designates the technical means deployed on the photodeck.com platform allowing Subscribers to publish, promote, license, sell and/or distribute their images, video clips and other products, in digital or physical format, via a dedicated professional website ;

« User(s) » : mean the visitors of the Subscribers' dedicated professional websites, able to view, order and/or purchase the images, video clips and other products, in digital or physical form, produced and offered online by the Subscriber.

Article 2 – Object

The Platform's purpose is to offer to Subscribers the technical means to publish, promote, license, sell and distribute their images, video clips and other products, in digital or physical form, to visitors via a customized Internet website.

To that avail, the Platform provides Subscribers with the technical means to build and operate their own customizable dedicated website, that hosts Subscriber Content.

The Platform's offer to Subscribers is a Saas (Service as a Software) offer, operated by the Owner.

The Users benefiting from an Internet connection then connect to the Subscriber's website, that is technically hosted by the Platform and that is accessible in a direct and autonomous way.

The offer to Users to view and connect to the Subscribers' websites and to view, license or purchase Subscriber Content, is promoted and operated directly by the Subscribers.

The Subscribers are entirely responsible for such relationship and sales and attached obligations. This offer is free of charge.

The Owner is not a party and does not intervene in the sale and/or license of Subscriber Content (including in payments' collection), or in any other relationship between the Subscriber and his Users, that takes place directly between the Subscriber and his customers, without the Owner intervening in said transaction and without his responsibility being claimable in this respect.

As a Subscriber, you also remain the editor of your dedicated website, and exclusively responsible in respect to your website's compliance to applicable laws, including regarding the publication of pages dedicated to mandatory legal mentions or to any other content legally required.

Article 3 – Subscriber signup on the Platform

In order to use the Platform to display and promote your Content, you must first register and create a Subscriber account. To that avail, you must:

You certify that you provide information that is valid and accurate at the time of signup.

It is admitted that the offer initially subscribed is a PRO offer, which can be modified during the initial trial period, at the Subscriber's will, by simple request via the dedicated feature in the Subscriber account, accessible via the Platform's interface.

If a third party accesses your user account and/or your website settings, that person will be able to accomplish everything you can perform, to modify your platform and your user account and to accept subsequent modalities, to make declarations and to offer guarantees, among other actions, and all these actions will be deemed having been performed on your behalf and in your name.

Therefore, we strongly recommend to maintain the confidentiality of your user credentials, and to allow access only to trusted persons, since you will be fully responsible for actions performed via your user account and/or your user platforms (including for any declaration, guarantee and agreement), whether you authorized it expressly or not, and for all damage, cost or losses arising from these actions.

Article 4 – Subscribers' Obligations

As a Subscriber:

Article 5 – Subscribers' guarantees on Content

You are required to show respect and consideration towards the Owner and other Subscribers, and their intellectual property in particular.

In no circumstance will you be allowed to use the Platform to:

You acknowledge and agree that you are solely responsible for the form, content and accuracy of any Content you upload and/or post.

You acknowledge that the Platform or the Owner may or may not pre-screen Subscriber Content, but that the Platform or the Owner and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Subscriber Content.

The Platform reserves the right to, at its discretion, suspend or terminate your right to use the Service or the Platform in general, if it has reason to believe that you violate the aforementioned rules of conduct or engage in other offensive conduct. No refund of fees or other amounts will be made if you violate or breach any of the Terms.

Under no circumstances will the Owner be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Services.

You agree to defend, indemnify, exempt and hold the Owner harmless from any claim, demand, complaint, damage or costs including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Platform, your use of the Site and the Service, your connection to the Site, your breach of the Terms and Conditions, or your violation of any rights of another.

Article 6 – Personal Data

Within the scope of their relationship, the Owner and the Subscribers commit to respect the regulation applicable to processing personal data, and, in particular, EU regulation 2016/679 by the European Parliament applicable starting May 25. 2018 (herein « the European data protection regulation »).

Subscriber's Personal Data: the Subscriber accepts that the Owner collects, stores, records, processes and uses the Personal Data (account creation date, first and last name, e-mail addresses, language, security information related to connections such as data and IP address, login failures, etc., orders (including address and IP address), subscriptions, invoices and financial transactions, e- mail correspondence, password (stored encrypted and salted), address book, payment details and preferences, order carts, URLs and referral campaigns, affiliate links) related to him in a computer database with the purpose of managing the relationship between the Owner and its Subscribers and prospects, such as:

The Owner commits to not share such data with third parties (other than its partners or business interests' transferee) unless agreed with the Subscriber.

This Data is stored on servers located in OVH datacentres, in France, except for images, videos, photographs and other data stored on servers provided by AMAZON and located in the United States of America.

This Personal Data is kept for the duration of the Subscription contract and for a duration that depends on the nature of the concerned Data, starting at the end of the last subscription:

A general database backup (excluding files uploaded by our members) is maintained at all times. This general backup is a contingency for a potential disastrous technical failure concerning the whole database, and is also meant to help analyse and repair a potential issue occurring progressively over time in the database. As it is a "low-level" backup, the Owner reminds that the pieces of data in this backup file are not directly accessible or usable. Each backup file is encrypted before being stored on the Amazon S3 Cloud, in Ireland, and is kept for up to TWO (2) YEARS after the backup is performed.

In accordance with act n°78-17 of 6 January 1978 on information technology, data files and civil liberties, and with the European data protection protection, the Subscriber is granted a right to access, right to rectification, right to erasure, right to object, right to restrict processing, right to data portability, right to not be evaluated on the basis of automated processing.

These rights can be exercised by sending a request through a designated facility accessible from the Subscriber account interface on the Platform, or by written request emailed to support@photodeck.com.

Users Personal Data: you recognize that regarding the Personal Data relating to the users of your dedicated website, you exclusively have the quality of data controller, the Owner being only a data processor (subcontractor), committing to perform on your behalf the personal data processing operations described herein:

The owner is authorized to process on behalf of the Subscriber the Personal Data required to provide the Service, and is allowed in this respect to collect, store, organise, structure, archive, adapt, extract, publish or make available to the Subscriber, erase or destroy them.

The purposes of these processings are the management by the Subscriber of his business and the management of his relationship with his Users (sale, access to private galleries, invoicing, accounting...)

The processed personal data are the imported images/video clips, first and last names, email addresses, address, encrypted and salted password, last connection dates, number of consecutive failed logins, last IP address, orders, VAT number, Users photographs, carts, selections (lightboxes), orders, comments left on the website, IP address, physical addresses, et...

The Personal Data processed on behalf of the Subscriber can be transmitted to the User via a facility directly visible and accessible on the Subscriber's dedicated website or by written request emailed to support@photodeck.com.

The Owner commits to:

The files uploaded by the Subscribers, and in particular the images, videos and photographs, as well as the Subscribers' websites' static code parts, are stored on the Amazon Cloud, in the UNITED STATES OF AMERICA. The Subscriber, if subject to the European data protection regulation, commits to expressly indicate to his photographed Users which image may have been imported onto a gallery or more generally onto the Platform that these specific Personal Data are processed outside of the EU, in the UNITED STATES OF AMERICA.

The Owner can contract other Data Processors (herein “ulterior subcontractor”) to operate specific processing. In this case, it informs beforehand and in written form the Licensee of any change regarding adding or changing subcontractor. This information must clearly indicate the subcontracted processing activities, the subcontractor's identity and address and the subcontracting agreement date. You cab then object to this information within THREE (3) DAYS after reception date. The subcontracting can take place only if you haven't objected during that timeframe.

The ulterior subcontractor must respect the aforementioned obligations spelled on behalf of and under instruction of the Subscriber. It pertains to the Owner to ensure that the ulterior subcontractor offers the same minimum guarantees regarding the technical and organisational measures it takes to ensure that the processing abides to the European regulation on data protection. If the ulterior subcontractor doesn't meet its obligations regarding data protection, the Data Processors remain fully responsible before the Licensee of the execution by the ulterior subcontractor of its obligations.

It pertains to you to provide information to the Users concerned by the data processing operations upon collecting their Personal Data.

As much as possible, the Owner shall assist you in fulfilling its obligation to respond to the data subjects' exercise of their rights: right to access, right to rectification, right to erasure, right to object, right to restrict processing, right to data portability, right to not be evaluated on the basis of automated processing.

When the data subjects exercise with you their rights, you must address these requests immediately upon reception via the specific facilities accessible via the Subscriber Platform, after connection to your Subscriber account, or by emailing them to support@photodeck.com.

Notifications of data breach: the Owner will notify you of any Personal Data breach within TWENTYFOUR (24) HOURS after having learned about it and by email to the email address associated with your Subscriber account.

This notification includes any relevant documentation allowing you as the data controler, if necessary, to notify this breach to the competent authority, as well as for information to the concerned User.

The notification includes at least:

If and when it is not possible to provide all information at the same time, the pieces of information might be communicated over time without undue delay.

The Owner will assist you in performing impact analyses related to Personal Data protection and in performing the control authority's preliminary consultation.

The Owner commits to implementing the following security measures:

Physical access to the data, to the servers and the datacentres it is located in, is guaranteed by OVH and Amazon, respectively.

At the termination of the subscription to the Service, the Personal Data may be sent to the Subscriber upon request and acceptance of a quotation. At the end of the grace period, following the last non-renewed subscription, all copies of the Personal Data will be destroyed from the Owner's information systems according to the conservation durations spelled above.

In case a data protection officer were to be named in the Owner's company, the latter will provide you with his name and contact information, according to article 37 of the European data protection regulation.

The Owner declares keeping in written a register of all categories of data processing performed on your behalf, including:

As a data controler, you commit to:

Article 7 – Intellectual Property

Your intellectual property: With the unique purpose of providing the Service to you, you accept that we have the possibility and necessity to access, to publish online and/or copy your Subscriber Content onto the Platform, including to perform display adjustments, for backup purposes or any other technical use required to provide our Service.

If you believe that your intellectual property has been breached on your dedicated professional website, you may inform us at the following email address: support@photodeck.com. Nonetheless, as you remain exclusively holder of the exploitation rights and intellectual property rights on your Subscriber Content, only you will have the possibility and charge of initiating a potential action in order to obtain compensation for the damage you may consider having suffered.

PhotoDeck's intellectual property: You recognize and accept that the Platform, any required software and hardware related to the Platform and to the Service, including any protectable material or any other content that is or may be subject to intellectual property rights on the basis of applicable laws (including art works, graphics, images, website template, texts, logos, source code and object code, applications, audio, music, video and other medias, documentation, methods, products, algorithms, interface, graphical identities and branding, interactive functions and objects, advertising methods and tools, commercial secrets, domains, trademarks, service marks, commercial name and other distinctive signs trademarked or not, and any work derived from what precedes) are the property of the Owner and/or relate to a license granted to the Owner.

The Owner grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer for such purposes as are ordinary and customary.

Except as expressly authorised by the Owner, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Platform or the Software, in whole or in part.

You further agree to not reverse engineer, reverse assemble or otherwise attempt to uncover any source code of software associated with the Service, nor to reveal or attempt to reveal, yourself or via a third party, source code or object code, in whole or in part, of the software associated with the Service.

Should you make an improvement suggestion or request, you agree to inform the Owner of any patent or intellectual property right you may hold, directly or indirectly, that would prevent the Owner to implement freely your suggestion or request. In the event that a suggestion or request you made results, directly or indirectly, in new or updated functionality in the software, you agree to not claim any intellectual property right to said functionality and software that would have been in the framework of the Service improvement.

Article 8 – Trial period, subscriptions and refund policy

Trial period and initial subscription: Every new Subscriber benefits automatically from a FOURTEEN (14) DAY free trial period, starting on the day the subscription request is sent.

During this period, the Subscriber can evaluate the Service and its suitability, at no cost. This offer is limited to one (1) trial per Subscriber unless otherwise agreed.

The offer then subscribed is a PRO offer, but the Subscriber can at any time request to benefit from another subscription offer, with a notice period of TWENTYFOUR (24) BUSINESS HOURS.

After the trial period, the Subscriber will have the opportunity to continue using the Service at the costs defined in the Owner's price list, depending on the chosen offer (LITE, FOLIO, PRO or STUDIO), the price list being regularly updated and accessible directly on the Platform via the subscriber account.

Depending on the offer subscribed by the Subscriber, the subscription will be for an initial duration of one month, three months or a year, starting on the day of the first payment made or at the end of the initial free trial period.

Renewal : The subscription may be renewed :

It is deemed that the Subscriber has had the opportunity to evaluate the Service during the free trial period, therefore subscriptions are not refundable.

Subscription termination and grace period: After payment of the monthly, quarterly or annual subscription, and during the resulting subscription period, each Subscriber remains free to terminate his subscription in anticipation, without motive but with a TWENTYFOUR (24) HOURS notice period. The Subscriber's access to the Service will then be revoked, without the amount already paid for the subscription being subject to any refund, including for the period following the termination.

Each Subscriber can additionally terminate his last subscription directly on the Platform interface.

Letting a subscription expire without renewing it and without effectively paying for a new subscription will also result in the Subscriber's access to the Service being revoked during a grace period, which duration, proportional to the total duration of the expired subscription, may be from TWO (2) WEEKS to TWO (2) MONTHS. The subscription to a new offer during this grace period allows the Subscriber to recover his connection to the Platform and to the Service with the same characteristics and content as at the end of the last subscription. No grace period applies beyond the notice period when the Subscriber choses to terminate himself the subscription.

In the absence of the purchase of a new subscription period during this grace period, or after the notice period in the case of anticipated termination, the Subscriber account will be definitively closed and deleted, the Data being kept within the duration limits spelled above or in a backup file for a duration up to TWO (2) YEARS.

Changing offer: For the duration of his subscription, the Subscriber may also freely request to benefit from an alternative subscription offer. This offer change requires a new subscription, for the chosen offer, the difference between the initial offer's price and the new offer's price being credited towards the purchase of the new subscription, in deduction to the price for the new subscription.

This offer change will be applicable starting from the submission of the change request by the Subscriber, directly from the Platform and his Subscriber account, via the dedicated facility, and will be effective within TWENTYFOUR (24) BUSINESS HOURS at most.

Article 9 – Service Operations

The Owner will make every reasonable effort to keep the Platform and the Service operational.

However, certain technical difficulties, maintenance or upgrade operations and other factors may, from time to time, result in temporary service interruptions. You agree not to hold the Site or the Owner liable for any of the consequences of such interruptions.

Article 10 – Disclaimers

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW:

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND BASIS AND DEPENDING ON THE AVAILABILITY AND EFFECTIVENESS OF AN INTERNET CONNECTION.

THE OWNER EXPRESSLY DISCLAIMS ALL WARRANTIES, CONDITIONS AND OTHER TERMS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED TERM OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF TUTORIALS AND OTHER PROVIDED INSTRUCTIONAL CONTENT, SUBSCRIBERS' WEBSITES RANKING IN SEARCH RESULTS, WEB TRAFFIC AND SALES ON SUBSCRIBER WEBSITES, AND ANY TERM AS TO THE PROVISION OF SERVICES TO A STANDARD OF REASONABLE CARE AND SKILL OR AS TO NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHT.

THE OWNER MAKES NO WARRANTY OR REPRESENTATION THAT:

  1. THE SERVICE WILL MEET YOUR REQUIREMENTS,
  2. THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
  3. THE CONTENT UPLOADED WILL BE PERPETUALLY AVAILABLE,
  4. THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND
  5. ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

In particular, loss of uploaded content or Personal Data might occur and it is the subscriber's responsibility to keep a backup copy of all uploaded content and Personal Data.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE OWNER OR THROUGH OR FROM THE PLATFORM SHALL CREATE ANY WARRANTY OR OTHER OBLIGATION NOT EXPRESSLY STATED IN THESE TERMS.

Article 11 – Limitation of liability

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE OWNER SHALL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM:

  1. THE USE OR THE INABILITY TO USE THE PLATFORM AND ACCESS OR RETRIEVE SUBSCRIBER CONTENT OR CONTENT POSTED ON THE DEDICATED WEBSITE ;
  2. THE DOWNLOADING AND USE OF SUBSCRIBER CONTENT WITHOUT LICENSE AGREEMENT BY UNAUTHORIZED THIRD PARTIES
  3. UNAUTHORIZED DISCLOSURE OF SUBSCRIBER CONTENT

IN ANY CASE, THE APPLICATION OF THE OWNER'S RESPONSIBILITY AS TO THESE TERMS MUST NOT RESULT IN A COMPENSATION HIGHER THAN FOUR (4) TIMES THE TOTAL AMOUNT YOU HAVE PAID FOR SUBSCRIPTIONS BEFORE TAXES, WHICH YOU EXPRESSLY AGREE TO.

Article 12 – Modifications of the Terms

The Owner reserves the right to modify at any time the present Terms and Conditions.

The modification of the Terms will be notified by e-mail to the Subscribers, and will take effect upon their publication on the Platform and the Owner's website. The Subscriber will also validate them in order to be able to access the Platform.

If the Subscriber does not agree with a modification made, it may, within FOURTEEN (14) DAYS after reception of the email, request his subscription to be terminated without further motive, any amount received by the Owner for the current subscription remaining due to the Owner, without refund to the Subscriber, including pro rata temporis.

The section titles in these Terms are for convenience only and have no legal or contractual effect. No Right of Survivorship and Non-Transferability.

Article 13 – Breach of the Terms by a Subscriber

In case of breach by the Subscriber of the Terms, the Owner may :

In this case, the Owner will not need to inform the Subscriber subject of the sanction, nor to justify its action. The Subscriber acknowledges this and expressly consents to this.

Article 14 – Parties' independence and non-exclusivity

The Terms do not have as object nor effect the establishment of any hierarchical relationship between you and the Owner.

The Owner and yourself have, and will keep having for the whole duration of their contractual relationship, the quality of independent parties, each assuming the risk of their respective activities.

Article 15 – Force majeure

The Owner's responsibility will under no circumstance be claimed in case of force majeure.

By express convention, will be considered as cases of force majeure, in addition to those usually retained by the jurisprudence, personnel strikes, the blocking of or disturbance to communication or telecommunication means for any reason including telephone network operators' unavailability, disruption in or destruction of one of the Owner's providers' datacentres, the bankruptcy of one of the Owner's providers, partners or subcontractors.

Article 16 – Confidentiality

You commit to respect, and make those you are responsible for respect, for the whole duration of your Subscription, and after its termination, the strict confidentiality of information you might have been made aware of and which is not yet public.

You also recognize a confidential quality to any information, whatever its object, provided by the Owner in written or orally, and related to the Terms, including but not limited to, any document written or printed, or computer file.

Your obligation of confidentiality remains in full force and effect after the end of your subscription, for as long as the documents and information communicated during the contractual relationship may present a strategic, competitive, commercial or financial interest for third parties.

Article 17 – Independence of provisions

If an individual provision of these Terms is nullified by a regulation or legislative change, or by a decision of justice, the rest of the provisions in these present Terms remain unaffected.

Article 18 – Non-waiver

Failure by the Owner to enforce any right or obligation with respect to any provision of these Terms shall not constitute in the future a waiver as to the obligation in question.

Article 19 – Applicable law - disputes

The disputes arising out of the application of these present Terms shall be settled under the law and jurisdiction of France.

Any challenge as to the construction, the conclusion, the interpretation or the validity of the Terms is subject to the exclusive competence of the courts of Paris, France, and if applicable to the appeal jurisdictions corresponding to these courts.

Latest version: May 28. 2018 (edited)