PICSIDE TERMS OF SERVICE
Last update: September 24th, 2015
1. FIELD OF APPLICATION
The present Terms of Service (the "TOS") shall apply to the PicSide platform of services (the "PicSide Service") relating to the publication of content, including digital images such as photos or graphic creations (below "Image(s)"), comments and other data provided by PicSide, stock company, registered in the register of commerce and companies of Montpellier, France, under the number 798,276,101 ("PicSide", "we") through its website or mobile applications.
The TOS shall apply to all visitors, users and other persons who access the PicSide Service (the "Users", "you"). The User is understood as a consumer physical person, using the PicSide Service for a private use, strictly non-professional.
2. PROTECTION OF MINORS
The PicSide Service is not intended for minors under the age of 18. The prior parental consent is required before the creation of a User Account by a minor under the age of 18.
In the situation where PicSide discovers the collection of data concerning a minor without his parental consent, these data would be deleted as quickly as possible.
PicSide provides to its users a free of charge platform of services through its internet site or mobile applications. The PicSide Service is intended to the publication of content, including photos, comments and other data by the users (the "User Content"), whose users are holders of rights attached to it.
PicSide is also intended to provide to professionals "Pro Services", partly free, partly paying, for images publication, data and implementation before content, which are the subject of separate Terms of Service. If you want to use the Pro Services, you must create a professional User Account ("Pro Account") and accept our Terms of Service applicable to professionals.
The PicSide Service is governed by the following contractual documents:
The present TOS,
Where appropriate, the Terms of Service for professionals ("PRO TOS"),
Where appropriate, the Terms of Service for professional services ("PRO SER TOS").
Any condition put by the user or any certification, guarantee or other words not contained in the documents listed above, is ineffective to PicSide. The same is true of any prior agreement to this contract, express or tacit, in whatever form and especially by exchange of e-mails between the parties. These possible agreements are deemed non-written.
It is expressly agreed that any tolerance or waiver of one of the parties, in the application of all or part of the commitments provided in the present TOS, whatever may have been the frequency and duration, cannot argue modification, nor generate any right.
PicSide reserves the right to modify or update at any time the present TOS.
In this case, PicSide will notify users of these changes by electronic mail or by message displaying on the PicSide Service before their entry into force.
By continuing using the PicSide Service after any modification of these TOS and having been informed of these changes, you signify your acceptance of these changes.
7. FAIRNESS, GOOD FAITH, FORCE MAJEURE
Throughout the duration of the present TOS, the parties undertake to act in good faith in the light of their contractual and reciprocal rights and to take any measure with a view to the achievement of their objectives.
Accordingly each party undertakes to inform without delay the other party of any difficulties it may encounter in the framework of the execution of these TOS.
All obligations of PicSide will be suspended in the event of force majeure and throughout the duration of the latter. Is regarded as an event of force majeure the events usually retained by the French courts, such as:
- The earthquakes;
- The fire;
- The storm;
- The flood;
- The blocking of means of transport for whatever reason;
- The strikes total or partial, internal or external to the business;
- The lock-out of the business;
- The blocking of telecommunications;
- The blocking of computer networks.
8. PARTIAL INVALIDITY BENEFIT
In the case where one of the stipulations of the present TOS would be found to be void or unenforceable, the latter would be deprived of effect for the only elements raising difficulty and will retain its full scope maximum allowable by the law or the case law.
The invalidity or unenforceability of one or any of the stipulations of the present TOS do not prevail nullity of the other stipulations which will retain their full force and scope.
9. MOVEMENT OF THE CONTRACT
In the case or the control of the company PicSide would be transferred to a third party in any manner whatsoever, in whole or in part (in the context of a merger, acquisition, a dissolution or a liquidation), the present TOS could be part of the transferred items.
PicSide nevertheless guarantees that you will continue to be the owner of your User Content.
10. APPLICABLE LAW, LANGUAGE OF THE CONTRACT
The TOS are governed by the laws and regulations of the French Republic.
The TOS are written in the French language. In the event that they would be translated into one or several languages, only the French text of origin would be authentic in case of dispute.
In case of dispute, the competent courts will be those designated by the applicable law.
11. PICSIDE SERVICE OBJECT
The TOS have to subject a legal complex operation designated under the appellation PicSide Service.
It is put at the disposal of users different features in relation with the hosting and the dissemination of Images:
- Each image can be posted on the PicSide Service ("picsided") by a single user ("User sharer"), this thanks to the features of image recognition of the PicSide Service ; thus, if another user tries to post (to picside) the same image via the PicSide Service, a message will tell him that he is not authorized to post (to picside) this Image ;
- The user must be the holder of the right to broadcast the Images that he broadcasts via the PicSide Service, either because the Images are free to right of publication, either because he is the author of these Images, either because he is a having right or is a successor in title of the author of the Images ;
- Each picsided image can be further enriched by the data defined by the user sharer ("Image Data"), data can be seen on the Other Side of the Image by all or part of other users ("Authorized Users"), according to the privacy settings defined by the user sharer ("Image privacy settings"). The Image Data are potentially accessible on the Internet.
- Authorized users can interact on the other side of the picsided Images by commenting, rating or adding the Image to their favorite images.
Accordingly, the TOS include several legal operations having for object several intangible property:
- The right for the user to use the features of the PicSide Service via the User Account;
- The right for a user to publish via the PicSide Service his Images.
- The right to access to the PicSide social network; to this title the user can consult the Images and Image Data posted by other users, provided that the privacy settings of the Images allow that.
12.1. Access to the PicSide Service's User Account features
PicSide undertakes to implement the means allowing a normal operation of the access to the PicSide Service. It will not be reproached:
- The downtime related to maintenance of the usual PicSide Service and its update,
- The failures due to the hosting service, to the network or Internet connections of operators linking the user, the hosting service or PicSide to the Internet network.
- The unavailability resulting from a case of force majeure.
PicSide reserves the possibility to evolve at any time the PicSide Service.
12.2. PicSide Service Activation
The PicSide Service Activation constitutes the starting point of the execution of this contract.
The PicSide Service Activation is to open the user access to a user account for an indefinite period.
To enable his User Account, the user enters his personal information in an online form with his e-mail address and his password. As a receipt of this form by PicSide, the user will receive a confirmation email which contains a hypertext link on which the user will need to click; clicking on this hyperlink, the user will activate the PicSide Service.
The identifiers are unique, personal and strictly confidential.
PicSide and the User undertake, each is concerned, to preserve their privacy.
The user is solely responsible for his use.
Any use of the identifiers is presumed to be a use of the User Account by its user, that the latter stated expressly accepts.
The User undertakes to notify without delay to PicSide any theft or breach of the privacy of its identifiers. In this hypothesis, the user must generate a new password via the PicSide Service.
PicSide will be free to do speak of any subcontractors in the framework of the execution of this contract, including for the accommodation of Images and Image Data.
15. INTELLECTUAL PROPERTY
15.1. Property of the PicSide Service
PicSide is licensee of exploitation rights on the PicSide Service, the present contract does operate no transfer of intellectual property rights for the benefit of the user.
By this contract, the user has a right to use the features of the User Account, right to use non-exclusive, non-transferable license, for non-professional purposes and limited to the duration of this contract for services.
It is including formally prohibited to the User:
- To carry out any form of reproduction or representation of the PicSide Service, of its aApplication Programming Interface ("PicSide API") or its documentation, or to alter or hide in whatever manner the marks, distinctive signs, copyright notices affixed on the PicSide Service;
- To intervene on the PicSide Service in any manner and for any reason, including to correct the errors. The upgrading and corrective maintenance is ensured by PicSide or its sub-contractors;
- To change or try to circumvent any protection device of the PicSide Service;
- To use the PicSide API without having previously accepted the Terms of Service of the PicSide API which are the subject of separate conditions ("PicSide API TOS"),
- To use the PicSide Service for professional purposes and in particular for purposes of advertising without having previously accepted the PRO TOS and if applicable, the PRO SER TOS.
PicSide expressly reserves the exclusive right to intervene on the PicSide Service to enable it to be used in accordance with its destination and especially to correct the errors.
15.2. Ownership of the user's data
The User remains the owner or holder of the rights on his Images and data of his picsided Images and more generally on his User Content.
By picsiding Images, the user agrees that these Images are published on PicSide social network. The user can however define the privacy settings for each Image to limit the scope of dissemination of each picsided Image.
The User accepts without reserve that, when his Image is picsided, the logo of PicSide appears on the Image when sharing it within the PicSide Service, on an online service third, or by sending an e-mail or a SMS message.
The user must not picside Images or publish image data that he wishes to see remain secret, the vocation of PicSide being to disseminate the picsided Images.
The User is solely responsible for all his picsided Images and Images Data.
16. DATA PROTECTION ACT
PicSide takes the measures to ensure the protection and privacy of the personal information that it holds, will hold or that it processes or will deal with, in the respect of the provisions of Act No. 78-17 of January 6th,1978, relating to data protection.
In application of the law 78-17 of 6 January 1978, it is recalled that the nominative data which are requested by the user are necessary for the execution of the PicSide Service.
The user has, in accordance with national and European regulations, force of a continuing right of access, modification, correction and opposition with regard to the information on it. This right can be exercised at any time by the user, in particular via the User Account, by modifying the User Profile data.
17. OBLIGATIONS OF THE PARTIES
17.1. Obligations of the User
The User undertakes to complete in good faith his User Profile.
The User undertakes to comply with the normal conditions of use of the PicSide Service, to take knowledge and to apply strictly the instructions and guidelines of PicSide for the use of the PicSide Service, and including those mentioned on the help pages listed on the internet site Picside.
The user will ensure, in particular, to preserve the privacy of its identifiers. The user must immediately notify PicSide of any unauthorized use of its identifiers or any breach of the confidentiality of its identifiers. In no case, the user is allowed to access services for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive. In no case, the user is authorized to use the identifiers assigned to other users of the PicSide Service.
It is strictly prohibited to the User:
- To disseminate through the PicSide Service content that is pornographic, obscene, offensive, threatening, similar to harassment, slander, incitement to hatred, harmful, defamatory, racist, illegal or questionable in any way;
- To stream content encouraging or providing instructions relating to illegal activities, or encouraging the physical harm or violence against a specific group;
- To save on his user account or other users accounts files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other software or programs likely to impair the proper functioning of the PicSide Service;
- To disseminate through the PicSide Service any content relating to infringement of copyright, trademarks, trade secrets or intellectual property of anyone.
PicSide will be entitled to intervene to remove any content, integrated by the user, that does not conform to these TOS or to public order and morality, and also to be able to obtain damages in compensation for the damage suffered by the fact of the wrongful behavior of the user.
This deletion cannot in any case open right to compensation for the user.
17.2. Obligations of PicSide
PicSide undertakes to respect, in the framework of the execution of the present TOS, the laws and regulations.
PicSide alone is responsible for the corrective and scalable maintenance of the PicSide Service.
PicSide will therefore ensure the interventions of corrective maintenance in a manner that does not prevent or hinder access to the PicSide Service beyond a reasonable duration.
PicSide undertakes to carry out regular backups of the User Content.
In the event of a problem, the user can contact PicSide via the accessible form on the PicSide Service.
PicSide ensures that it is the holder of the right of exploitation of copyrights on the PicSide Service.
PicSide therefore guarantees that the use by the user of the PicSide Service in the framework and the respect of this contract shall in no way affect the rights of third parties.
The use by the user of the functionality of its User Account is done under its sole responsibility.
PicSide is not responsible for the use made by the PicSide Service User.
The use of the PicSide Service is done at the sole risk of the user. Accordingly, the responsibility of PicSide cannot be engaged in case :
- Of data erase,
- Of fraudulent use of users identifiers by a third party or of fraudulent access to hosted data,
- Of loss of data resulting from the use of the PicSide Service,
- Of damage, including loss of profits, loss of use, interruption of activities or other losses resulting from the use of the PicSide Service.
PicSide provides no guarantee as to the fact that possible faults of the PicSide Service be corrected or that the PicSide Service is free of viruses or any other harmful components.
PicSide undertakes to implement all the means necessary to the proper functioning of the PicSide Service but cannot guarantee that the use of the platform will be uninterrupted or error-free, that the platform will work in combination with any hardware, software, system or data, and that in the one or several server(s) which is(are) hosting the PicSide Service, the user data will be free of virus or any other harmful element. The PicSide Service and all its content are provided "as is".
19. CONTRACT DURATION
The present PicSide Service Contract is concluded for an indefinite period. It may be put an end to the present Contract at the initiative of each of the parties at any time and without notice. The breach of contract will result in the deletion of the User Account. The breach of the contract, for the user, is performed via the PicSide Service, by deleting its User Account.
In case of disabling the user account by the user, and in default of reactivation of the User Account by the user within a period of 12 months following the deactivation, the present contract is automatically broken and the User Account deleted.