Menciones legales
In accordance with the provisions of Law No. 2004-575 of June 21, 2004 for confidence in the digital economy, users of the PhotoOnWeb.com site are informed of the identity of the various stakeholders in the context of its implementation and monitoring.
Site edition
Obviousidea is a Société à Responsabilité Limitée Unipersonnel (aka SARL) with a capital of 500,000 euros, whose registered office is located at 7 rue Louis Canitrot, 31320 Castanet Tolosan, France, registered with the Trade and Companies Registry under the unique identification number 529895013 RCS Toulouse.
Responsible for publication
Fabrice Meuwissen
Hoster
The photoonweb.com website is hosted by OVH SAS
Registered office: 2 rue Kellermann, 59100 Roubaix, France
Contact us
- By email: [email protected]
CNIL
La société Obviousidea ou ses revendeurs conservera dans ses systèmes informatiques et dans des conditions raisonnables de sécurité uniquement les informations fournis par le client lors de sa commande, notamment nom, prénom, adresse, téléphone et email. Aucune information bancaire n’est conservé, uniquement le type de réglement ( virement, paypal, carte bancaire, et la date sont conservés ).
Conformément aux dispositions de la loi 78-17 du 6 janvier 1978 modifiée, l’Utilisateur dispose d’un droit d’accès, de modification et de suppression des informations collectées par Obviousidea. Pour exercer ce droit, il reviendra à l’Utilisateur d’envoyer un message à l’adresse suivante: [email protected]
PHOTOONWEB TERMS AND CONDITIONS
Obviousidea owns the rights to the software PHOTOONWEB and may at its discretion modify or alter these terms of service without notice (as far as authorized by the applicable law).
The present charter has been written in order to establish the terms of services of the PHOTOONWEB.COM website.
Article 1: Your registration on PHOTOONWEB.COM obligations
The User will receive an account registration upon completing the service’s registration process and once he has agreed to theses terms of service.
The PHOTOONWEB.COM User is provided with an account on which he can host up to 20 Megaoctets of digital images and pictures. This limitation can be altered or changed without notice in the event that the User has not paid a specific hosting fee to Obviousidea concerning a length of time and capacity as defined in the Sales conditions at the time of purchase.
Each account is materialized by a Username and password as a common agreement between the User and PHOTOONWEB.COM.
The PHOTOONWEB.COM User needs a User name and a password to access his account on PHOTOONWEB.COM
The password is personal and confidential. The PHOTOONWEB.COM User agrees to the maintaining the confidentiality of the password and account and is fully responsible for all activities that occur under his password or account
When registering, the User of PHOTOONWEB.COM agrees to provide true, accurate, current and complete information.
Article 2: List of tools enabling the management of images
2-1 basic tools:
The basic tools provided by PhotoOnWeb enable the User to:
a) Create, organize photos in online galleries
b) Upload its pictures in albums, and manage them automatically (size, optimisation)
c) Manage image and numbering
d) Present its album in a public area.
2-2 The options:
On top of the basic tools, the User can chose, depending on their subscription, various options that offer the following services:
a) FTP: possibility to use an FTP space to send pictures to the site and to manage one’s own personal page or customized templates.
b) Extra templates: option enabling the management of a set of templates for the User’s albums in the public area. On top of the standard skins available, the User can create their own set of templates and apply them to their own image collections.
Article 3: Pricing and invoicing
The price of PHOTOONWEB.COM services are stated at the following URL:
http://www.photoonweb.com
The price fixed for each period is given at the time of the order of the service
During this period, the price cannot be altered or changed.
Invoices must be paid in advance for the coming period.
All rights and taxes that have to be applied to these prices will be charged extra, when they are legally put into force.
Shall the User fail to pay the sums owed at the deadline, in full or partially, all the sums owed for every subscribed services will be immediately demanded, no matter which method of payment had been agreed on.
Article 4: Protection of personal data
According to the French law n° 78-17 of the 6th January 1978 “relative à l'informatique, aux fichiers et aux libertés”, the PHOTOONWEB.COM User can have access, edit or have his personal details deleted by mail at the following address :
Obviousidea
7 Rue Canitrot
31320 Castanet Tolosan
France
Or by email at: [email protected]
The User may upload images and photographs in the public area that can reveal the ethnic origin, nationality, gender and religion of the User.
When uploading images and pictures to the public area, the User agrees on and takes sole responsibility in his data being managed by PHOTOONWEB.COM.
Every User can, at the time of or after its subscription, ask to receive or not the offers or newsletters sent to him by PHOTOONWEB.COM by mail at the following address:
Obviousidea
7 Rue Canitrot
31320 Castanet Tolosan
France
Or by e-mail [email protected] or by the electronic means available on the service’s website
Article 5: Respect of people’s right
The User of PHOTOONWEB.COM is sole responsible for the content of his PHOTOONWEB.COM account.
The User of PHOTOONWEB.COM warrants that he owns or otherwise controls all of the rights to the images and data posted; that he has received all proper permissions and/or releases relative to all images that he posts; that use of the images he stores in any public album does not violate these Terms and Conditions and will not cause injury to any person or entity. The User of PHOTOONWEB.COM warrants that all pictures of which he owns the rights and intellectual property do not violate any intellectual property rights of third parties, any contractual engagement, any trade, military or professional secret, nor any confidential information , of any nature.
The User of= PHOTOONWEB.COM warrants being authorized by the people present on the pictures or by the owners of the goods being pictured that the images can be shown to the general public.
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The User of PHOTOONWEB.COM agrees not to use the service to upload, make public images or data of any nature which possession or traffic are forbidden by law, whether by legal rule or jurisprudence, written or not, of any jurisdiction, such as, but not limited to :
- Contrary to order and good manners;
- Insulting, abusive, obscene, hateful, defamatory, racist, xenophobe, homophobic, pornographic, child abuse, invasive of another’s privacy or harming another’s honour or reputation;
- Inciting discrimination against moral or physical person because of their origin, gender, familial situation, physical appearance, name, health, handicap, genetic characteristics, manners, sexual orientation, age, politic opinion, trade union activity, or to their membership, real or supposed, to a given ethnic group, nation, race or religion;
- Inciting to commit crimes, criminal offences or infringement punished by law, in particular terrorist acts, war crimes or crimes against humanity.
- Inciting to suicide.
The User of PHOTOONWEB.COM warrants to respect the image and reputation of Obviousidea, and not to make defamatory declarations about Obviousidea.
Obviousidea reserves the right to cancel any page or picture that contents one of the above mentioned themes, remove any content the TOS or is otherwise objectionable. PHOTOONWEB reserves the right, but shall have no obligation, to pre-screen, refuse or move any Content available via PHOTOONWEB Web Albums.
Article 6: Intellectual Property
All rights protected by the intellectual propriety on the PHOTOONWEB.COM website belong to PHOTOONWEB.COM and Obviousidea.
Without prior consent from PHOTOONWEB.COM, no internet-User may use, reproduce or represent PHOTOONWEB.COM data or they will be prosecuted.
The User of PHOTOONWEB.COM may not host on his PHOTOONWEB.COM account any data protected by intellectual property rights, if he’s not the author or if he has not previously obtained an authorization by the rights owner, or they will be prosecuted.
Article 7: Service availability and limitation of responsibility
PHOTOONWEB.COM is using all means available to guarantee the permanent access to its services. However, it can not be held responsible if it doesn’t succeed in his task
PHOTOONWEB.COM reserves the right, at any time, to modify, cancel or suspend temporarily or permanently the entire or parts of the PHOTOONWEB.COM website, without notice, or allowance of any kind.
PHOTOONWEB.COM and the company Obviousidea cannot be held responsible for any modification, interruption or suspension of the website PHOTOONWEB.COM.
Article 8: Security and limitation of responsibility
The User of PHOTOONWEB.COM acknowledges and accepts that PHOTOONWEB.COM is not responsible or cannot be held responsible for any viruses or deactivation functions that affect the access or deactivation of PHOTOONWEB.COM.
The User of PHOTOONWEB.COM acknowledges and accepts that PHOTOONWEB.COM shall not be held responsible for any costs or damage of any kind resulting from the access to websites which links are posted on PHOTOONWEB.COM.
Article 9: Compensation
The User warrants that he will indemnify, defend and guarantee PHOTOONWEB.COM for all claims, responsibilities and costs resulting from the images/data he supplies or if he fails to respect the PHOTOONWEB.COM terms and conditions. PHOTOONWEB.COM has the right but not the obligation to monitor and edit or remove any activity or Media.
Article 10: Cancellation
The User of PHOTOONWEB.COM can, at any time, cancel its subscription to the free services offered by PHOTOONWEB.COM.
The User of PHOTOONWEB.COM can, at any time, cancel its subscription to paid services offered by PHOTOONWEB.COM. However, PHOTOONWEB.COM is not liable to pay back any of the services subscribed by the PHOTOONWEB.COM User
Article 11: Choice of law
This agreement shall be governed by and interpreted and enforced in accordance with the Laws of France applicable therein without reference to rules governing choice of laws, any action relating to this agreement must be handled in France and the User irrevocably consents to the jurisdiction of such courts.
The French version of these terms of service is the legal basis.
