Tripnity, a French simplified joint-stock company with capital of 150,000 euros, whose registered head office is located at 5, rue des Arènes, (87000) Limoges registered with the Paris company and commercial register under number 480 850 346 (hereafter known as “Iconosquare”) operates the website hosted at www.iconosquare.com, (hereafter known as the “Site”).
You may use the Site if you are an individual for your personal, non commercial use. Such individual is referred to herein as the “Visitor”.
You may use the Site if you represent a commercial entity (company, organization, association) or if you are an individual who wants to use Iconosquare contest tool (hereafter known as the “Contest Tool”) in order to create and to organize a photo contest (hereafter known as the “Photo Contest”). Such commercial entity/individual is referred to herein as the “Organizer”.
You may also use the Site if you are an individual who wants to participate in a Photo Contest. Such individual is referred to herein as the “Participant”.
The term “User” refers to Visitor and to Participant collectively.
- thirdly, the Photo Contest Rules.
4. ACCOUNT CREATION
Before using the Site, the User/Organizer has to create an account on the Site (hereafter known as the “Account”). The creation of the Account includes a username and a password (hereafter known as the “Login Details”) to access the User’s/Organizer’s platform.
To create an Account, the User/Organizer shall also indicate its time zone (GMT) and its e-mail address.
The User/Organizer is fully liable for keeping the Login Details secret. The User/Organizer agrees not to use the Account or the Login Details of another person at any time, nor to disclose his Login Details to a third party.
The User/Organizer is solely liable for any use of his Account by himself or by any third party. Iconosquare cannot be held liable for any misuse or fraudulent use of the User’s/Organizer’s Login Details.
By using the Site, the User/Organizer warrants and guarantees that: (i) any information he provides when subscribing to the Site is true and correct, and (ii) User/Organizer use of the Site does not contravene any laws or regulations in force.
6. TECHNICAL CONFIGURATION
By using the Site, the User/Organizer acknowledges having the technical resources and abilities required for accessing to the Site and using the Contest Tool.
7. ABOUT THE PHOTO CONTEST
The Site hosts Photo Contests created by the Organizer.
7.1 About the Organizer of the Photo Contest
The Organizer of a Photo Contest assumes all liabilities regarding the Photo Contest created by him. Iconosquare is merely the owner of the Contest Tool that enables the Organizer to create and to organize a Photo Contest.
7.2 About the Photo Contest Rules
For each Photo Contest with prizes, the Organizer shall create a specific Photo Contest Rules (hereafter known as the “Photo Contest Rules”).
The Participant expressly agrees to read such rules, comply with them and only participate in such contests under and pursuant to the terms thereof.
Participant shall be able to obtain, at any moment, a copy of a Photo Contest Rules free of charge.
The Photo Contest Rules are available online, for free, via a hyperlink, and can be read by each Participant, at any time, and before the starting date of each Photo Contest. However, the Organizer shall procure that any costs or expenses incurred by any Participant in order to obtain a copy of the Photo Contest Rules shall be fully reimbursed at such Participant at first request.
7.2 Reimbursement of internet connection
According to provisions of section L. 121-36 of the French Consumer Code, access to the Site and participation to a Photo Contest are to remain entirely free to Participants.
Therefore, the Organizer shall procure that any costs or expenses incurred by any Participant in order to participate in a Photo Contest shall be fully reimbursed at such Participant at first request.
7.3 Photo specification
The specifications of the photos for each Photo Contest are decided by the Organizer and are indicated in the Photo Contest Rules.
The Organizer reserves the right to reject uploaded photos and shall be solely liable for the contents of uploaded photos. Iconosquare cannot be held liable for the rejection of a photo decided by the Organizer.
The theme of each Photo Contest is decided by the Organizer and is indicated in the Photo Contest Rules.
7.5 Winner selection criteria
Winner’s selection criteria are indicated by the Organizer in each Photo Contest Rules.
For each Photo Contest, winners are chosen on the basis of the merits of their photos, and never on a random basis.
In case of ex aequo (equal votes), the winner will be the Participant who first submitted or downloaded his photo.
Photo Contest winners are chosen by visitors of the Site or/and by jury. Choice of the winner’s voting criteria are indicated by the Organizer in the Photo Contest Rules.
Photo Contest winners receive money or some other prize. The prizes are indicated by the Organizer in the Photo Contest Rules. Photo Contest Rules shall contain an inventory of prizes/lots, indicating for each of them, their nature, their number and their commercial value.
Some Photo Contests may be organized without any prizes/lots. In this case, Photo Contest Rules shall expressly provide that the Participant to such contest shall not receive any prizes/lots.
8. USER CONTENT
On some part of the Site, the User may be allowed to post, to share, to transmit, to make available, to download photos (hereafter referred as to “Publish”) or to provide comments for others to see (collectively, hereafter referred as the “Content”). In other part of the Site, the User may be allowed to download photos in order to participate in a Photo Contest. Such photos are referred to herein as “Content”.
If the User Publishes the Content, the User guarantees, represents and warrants to Iconosquare that:
- The User has legal rights to Publish such Content and he will not violate any law or the rights of any person;
- The User is entirely liable for all Contents that the User Publishes by and/or through the Site.
FOR ALL CONTENT, INCLUDING ALL INFORMATION AND MATERIALS OF ANY KIND, INCLUDING GRAPHICS, SOUNDS, TEXT, OR OTHERWISE PUBLISHED OR PROVIDED BY ANY USER ON THE SITE, THE USER/ORGANIZER UNDERSTANDS THAT STATIGRAM IS NOT LIABLE FOR THE TRUTH, COMPLETENESS, OBJECTIVITY OR USEFULNESS OF SUCH CONTENT.
THE USER EXPRESSLY AGREES THAT (I) STATIGRAM DO NOT ENDORSE ANY CONTENT, (II) STATIGRAM DO NOT VERIFY THE IDENTITY OF PEOPLE USING THE SITE, (III) AND STATIGRAM DO NOT SCREEN, MONITOR, EDIT OR REVIEW ANY CONTENT AT ANY TIME.
Nevertheless, because Iconosquare do not prescreen Content, the User understands that by using the Site, the User may be exposed to Content that is offensive or objectionable.
The User may remove his Content from the Site at any time. If the User chooses to remove his Content, the Licence (as defined below) will automatically expire. Notwithstanding the expiration of the License, the User permits Iconosquare to keep copies of the removed Content. Iconosquare claims no right of title to the Content.
9. CONTENT SHARING AND CONFIDENTIALITY
9.1 Photo sharing and confidentiality
For each photo Published on the Site, the User shall define a privacy level:
- Case 1: 100% private: each photo Published is only visible to the User that downloaded that photo.
- Case 2: shared in private: specify people who can see and download the Users’ photos.
- Case 3: public: All Users and all Users’ contacts can see or download the photo.
9.2 Comments sharing
Some of the Site’s functions make it possible to share comments. Since these are public areas, please do not forget that any information disclosed becomes public information.
That is why the User should be extremely cautious when disclosing his personal information. Iconosquare is not liable for uses made by others of the information provided by each User.
10. GOOD USER CONDUCT
The User guarantees Iconosquare that no photo or Content Published by him on or through the Site/ Photo Contest infringes any User rights, any third party rights and any applicable law and regulation in force.
The User/Organizer agrees not to use the Site or the Contest Tool to:
- extract or collect e-mail addresses or other information on other Users of the Site by any means, electronic or other, for the purpose of sending out unsolicited e-mails or other communications;
- use the Site/Contest Tool unlawfully or under conditions that could damage, deactivate, overload or alter the Site/Contest Tool;
- Publish photos that are not exclusively private photos originally created by the Users;
- usurp the identity of another person or entity or falsify or conceal his identity, age or affiliation with a person or entity;
- Publish any personal data on a User or third party such as addresses, telephone numbers, e-mail addresses or bank card numbers;
- Publish any Content or element containing computer viruses or any computer code, file or program designed to prevent, destroy or limit the functionality of software, computer equipment or telecommunications;
- Publish information that could cause or create a risk of breaching the confidentiality of any person or entity or harm to any person or entity;
- make or encourage unlawful or unauthorised copies of Users or third party photos protected by copyright ;
- carry out commercial and/or sales activities without the prior written consent of Iconosquare.
11. INTELLECTUAL PROPERTY
11.1 Use of documents made available by Iconosquare on the Site
Including without limitation, all information, Content, Photo Contest, file images, software, logos, icons, texts, trademarks and materials made available to the User/Organizer (hereafter known as the “Documents”) are protected by intellectual and industrial property rights and belong to Iconosquare and/or its assigns.
Iconosquare grants no license or authorisation to any User/Organizer to exploit the Documents made available to him/her on the Site and protected by copyright or any other intellectual property right.
Furthermore, none of the Documents may be copied, reproduced, distributed, republished, downloaded, displayed, disseminated or transmitted in any form whatsoever or by any means whatsoever, including, without limitation, electronic or mechanical means, photocopying or recording, without the prior written authorisation of Iconosquare or of the holder of the rights. The User/Organizer shall bear the consequences of any fraudulent use of the Documents, and in particular any convictions and expenses resulting from claims brought by third parties.
11.2 Copyright relating to the Content
The Site and the Photo Contest have functions that enable the User to Publish the Content on the Site for public presentation or for participating in a Photo Contest. Iconosquare does not claim copyright over elements of the Content.
However, in order to make the Content available on the Site/Photo Contest, the User grants to Iconosquare a permanent, non-exclusive, worldwide, non-cancellable, irrevocable and perpetual license (hereafter referred as the “Licence”) to utilize, reproduce, create works derived from the Content, distribute, execute in public, share, utilise the Content in any other way and Publish the Content in any media now or hereafter known, in order to promote the Site/Photo Contest.
By submitting Content to the Site/Photo Contest, the User declares to and guarantees Iconosquare that (i) he/she owns each Content Published on the Site/Photo Contest or an irrevocable, perpetual, transferable and non-exclusive Licence to use, reproduce and distribute the Content, (ii) no Content Published on the Site/Photo Contest infringes any third party’s intellectual property rights, copyrights, trademarks, moral rights, rights of privacy/publicity or personal rights, and (iii) no other person or entity has any right, title, claim or interest in this Content.
The User undertakes to indemnify Iconosquare against any third-party action invoking a violation of their rights.
Each Participant authorizes Iconosquare to use and to Publish the following information on the Participant - winner’s name, postcode, city and country, and earnings, in any media, without limitation and without giving them compensation, right or any benefit other than the allocation of their prizes.
11.3 Violation of intellectual property rights
If the User believes that his/her copyright has been violated or that Content prohibited in any way is available through the Site/Photo Contest, he/she shall contact Iconosquare’s representative as soon as he/she becomes aware of it in order to present a notice of claim or of violation of copyright.
All correspondence shall be sent to the Iconosquare representative at the following e-mail address: email@example.com, or to Tripnity, 24, street Louis Blanc, (75010) Paris France.
In all cases, the User shall provide the following information to the representative:
- The URL or detailed identification of the offending Content on the Site/Photo Contest;
- The User’s personal information and e-mail address;
- A declaration on honour in which the User declares that the use is not authorised by the owner, his/her representative or by law, and evidence of the unlawful nature of the Content;
- Any information that may help Iconosquare determine that intellectual property rights are being violated.
The User may contact Iconosquare in the case of complaints relating to distributed Content that he/she assumes to be an infringement. Upon receiving the complaint, Iconosquare may delete the Content or deactivate access to it. If Iconosquare believes in good faith that the distributed Content violates any applicable law, it will delete or deactivate access to this Content and will notify the distributing party that the Content has been blocked or deleted. In addition, Iconosquare may terminate the Account of the User who appears to be the one who put the prohibited Content online.
12. COMPLIANCE WITH LAW
The User/Organizer shall comply with all laws concerning any Content, Photo Contest, product or download/upload associated with the Site and in particular with all applicable laws relating to the transmission of technical data through the services available from the Site.
13. THIRD PARTY CONTENT
The Site contains links to other websites (hereafter referred as the “Third Party Sites”) as well as to articles, photo, text, images, information, applications, software and other contents or elements belonging to third parties or distributed by them (hereafter referred as the “Third Party Content"). It is specified in this respect that:
- Iconosquare does not guarantee the accuracy of Third Party Sites or Third Party Content.
- Iconosquare is not liable for Third Party Sites accessible from the Site, or Third Party Content Published, installed or made available on the Site.
- Iconosquare is not liable for the contents, accuracy, offensive nature, opinions, reliability or practices relating to respect for privacy and other practices of Third Party Sites or Third Pary Content.
- Accessing Third Party Sites from the Site, or using Third Party Content, is done at your own risk and expense.
Cookies record certain kinds of information stored on the User’s/Organizer’s hard disk. In no case do cookies contain confidential information.
Browser settings make it possible to inform Users/Organizer of the presence of cookies and to refuse them in the manner described at the following address: http://www.cnil.fr.
If the User/Organizer does not wish to activate cookies, Iconosquare is unable to guarantee the proper functioning of the Site/Photo Contest.
THE USER/ORGANIZER ACKNOWLEDGES AND EXPRESSLY ACCEPTS THAT STATIGRAM PERFORMS ITS CONTRACTUAL OBLIGATIONS WITH ALL POSSIBLE CARE CUSTOMARY FOR ITS PROFESSION AS PART OF A GENERAL OBLIGATION OF MEANS. AS THIS IS A COMPUTER SERVICE PROVIDED VIA THE INTERNET, THE USER/ORGANIZER IS INFORMED THAT, WITH CURRENT TECHNOLOGY, THE PROPER FUNCTIONING OF THE SITE/PHOTO CONTEST DEPENDS ON FACTORS THAT ARE NOT ENTIRELY UNDER STATIGRAM’S CONTROL.
STATIGRAM IS NOT LIABLE FOR ANY ERRORS, OMISSIONS, INTERRUPTIONS, DELETIONS, DELAYS IN OPERATION OR TRANSMISSION, THEFTS OR DESTRUCTIONS OR UNAUTHORIZED ACCESSES, OR ANY ALTERATIONS OF COMMUNICATIONS WITH ANY USER/ORGANIZER.
DUE TO THE TECHNICAL UNCERTAINTIES OF THE INTERNET AND THE POLICIES OF TECHNICAL CONTRACTORS, STATIGRAM RESERVES THE RIGHT TO TEMPORARILY SUSPEND THE USE OF THE SITE AND/OR THE CONTEST TOOL AND/OR ANY PHOTO CONTEST FOR TECHNICAL REASONS OR MAINTENANCE. SUCH SUSPENSION OF SERVICES DOES NOT CONFER ANY RIGHT TO COMPENSATION TO THE USER/ORGANIZER. STATIGRAM SHALL USE ITS BEST EFFORTS TO LIMIT THESE INTERRUPTIONS. THE USER/ORGANIZER AGREES NOT TO HOLD STATIGRAM LIABLE FOR ANY OF THE CONSEQUENCES OF SUCH SUSPENSION OR INTERRUPTION.
ALL MATERIALS DOWNLOADED OR OBTAINED IN ANY OTHER WAY DURING THE USE OF THE SITE/PHOTO CONTEST ARE UNDER THE FULL AND COMPLETE LIABILITY OF THE USER/ORGANIZER. THE USER/ORGANIZER IS SOLELY LIABLE FOR ANY DAMAGE SUFFERED BY HIS/HER COMPUTER OR ANY LOSS OF DATA FOLLOWING THE DOWNLOADING OF THESE MATERIALS.
The User/Organizer undertakes to use the Site/Photo Contest for purposes conforming to public order, to good morals and to third-party rights.
The User/Organizer undertakes not to disturb the use that other Users/Organizers might make of the Site/Photo Contest, not to access third-party user accounts, and not to access those parts of the Site to which access is reserved.
The User/Organizer undertakes not to commit any act that may jeopardize Iconosquare’s computer security or that of other Users/Organizers.
The User/Organizer undertakes not to interfere or interrupt the Site’s normal operation.
The User/Organizer undertakes not to commit any act for commercial, political or publicity reasons, and any form of commercial solicitation and in particular the sending of unsolicited e-mails.
The User/Organizer undertakes not to collect, utilize or process any of the personal data of other Users/Organizers.
THE USER SHALL INDEMNIFY, DEFEND AND PROTECT STATIGRAM, ITS SHAREHOLDERS, AFFILIATES, EMPLOYEES, REPRESENTATIVES, ASSIGNS AND AGENTS AGAINST ANY TRIAL, LOSS, DISPUTE, CLAIM AND LIABILITY, FOR ALL COSTS (INCLUDING ATTORNEYS' FEES) THAT IT MAY BEAR OR CONTRACT IN THE WAKE OF (I) HIS/HER USE OF THE SITE/PHOTO CONTEST OR OF ANY SOFTWARE AVAILABLE ON THE SITE OR DOWNLOADABLE FROM THE SITE, (II) ANY FAILURE TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS, (III) ANY CONTENT PROVIDED ON THE SITE/PHOTO CONTEST, (IV) ANY USE OF THE CONTENT AVAILABLE ON THE SITE/PHOTO CONTEST OR THROUGH THE SITE/PHOTO CONTEST, (V) ANY BREACH OF ONE OF THE GUARANTEES OR OBLIGATIONS INDICATED HEREIN, (VI) ANY LOSS SUFFERED BY ANY PERSON OR ASSET OR ANY PREJUDICE CAUSED TO ANY PERSON OR ASSET IN ANY WAY WHATSOEVER INVOLVING IN WHOLE OR IN PART THE USE OR CAUSED BY THE USE IN WHOLE OR IN PART OF THE SITE/PHOTO CONTEST, PRODUCT OR DOWNLOAD ASSOCIATED WITH THE SITE.
17. LIMITATION OF LIABILITY
IN NO EVENT SHALL STATIGRAM BE HELD LIABLE FOR ANY DAMAGE CAUSED TO THE USER/ORGANIZER, DIRECTLY OR INDIRECTLY, OR TO ANY THIRD PARTY THROUGH THE USER’S/ORGANIZER’S ACTION.
UNDER NO CIRCUMSTANCES MAY STATIGRAM OR ITS DIRECTORS, OFFICERS, EMPLOYEES OR REPRESENTATIVES BE HELD LIABLE FOR ANY INDIRECT INCIDENTAL OR CONSEQUENTIAL DAMAGE, INCLUDING BUT NOT LIMITED TO ANY LOSS OF PROFITS, LOSS OF DATA OR LOSS OF BUSINESS OPPORTUNITIES RESULTING FROM THE USE OF THE SITE, THE USE OF THE CONTEST TOOL, ANY CONTENT OR OTHER ELEMENTS ACCESSIBLE FROM OR DOWNLOADED FROM THE SITE, EVEN IF STATIGRAM WAS AWARE OF, OR HAD BEEN INFORMED OF THE POSSIBILITY OF THE OCCURRENCE OF SUCH DAMAGE.
STATIGRAM RESERVES THE RIGHT, AT ANY TIME, AT ITS SOLE DISCRETION, (I) TO TERMINATE THE USER’S/ORGANIZER’S ONLINE ACCOUNT, (II) TO DELETE ANY CONTENT STORED ON ITS ACCOUNT OR ON THE SITE, (III) TO CANCEL THE USER’S/ORGANIZER’S LOGIN DETAILS (IV) TO SUSPEND OR TO CANCEL THE PHOTO CONTEST, (V) TO SUSPEND OR TO INTERRUPT USER’S/ORGANIZER’S ACCESS TO ALL OR PART OF THE SITE/CONTEST TOOL, WITH OR WITHOUT PRIOR NOTICE OR EXPLANATION, AND WITHOUT INCURRING ANY LIABILITY IN THIS RESPECT. THE USER/ORGANIZER IS SOLELY LIABLE FOR THE CREATION OF BACKUP AND REPLACEMENT COPIES OF THE CONTENT PUBLISHED ON THE SITE/PHOTO CONTEST AND STATIGRAM SHALL NOT BE LIABLE FOR ANY COSTS ASSOCIATED THEREWITH.
19. CORRECTION, UPDATE OR REMOVAL OF INFORMATION
According to the “Information Technology and Freedoms” Law 78-17 of 6 January 1978, the User/Organizer has, at any time, the right to access personal information concerning him.
The User/Organizer has a right of access, modification, rectification and removal of data concerning him. The User/Organizer may therefore, at any time, modify or remove, fully or partially, his personal data, by connecting to his Account and accessing the “remove account” function. The User/Organizer can also modify or remove his personal data by sending a letter to the following address: Iconosquare, 24, street Louis Blanc, (75010) Paris France, and/or an e-mail to firstname.lastname@example.org.
The User/Organizer should include in any such communication his Login Details, a photocopy of his government issued photo identification, as well as details about the changes and/or removals he wishes to make.