PREAMBLE
PLEASE READ CAREFULLY THESE GENERAL TERMS AND CONDITIONS OF USE OF THE SITE PROVIDED BY THE COMPANY MYPHOTOAGENCY (HEREINAFTER THE "TERMS AND CONDITIONS"), PUBLISHER OF THE SITE ACCESSIBLE AT "HTTPS://WWW.MYPHOTOAGENCY.COM" (HEREINAFTER THE "SITE"), AND THIS PRIOR TO ANY USE OF IT.
MYPHOTOAGENCY, publisher of http://www.myphotoagency.com , which brings together the largest community of professional photographers in France and Europe.
By accessing the Site and, where applicable, using the services offered therein (the " Services "), you (the "User") unconditionally agree to be bound by these Terms of Use in their current version. If you disagree with all or part of these Terms of Use, your use of the Site and the Services is prohibited.
The Terms and Conditions of Use are available to Users on the Website and can be accessed at the following URL: https://myphotoagency.com/sites/default/files/Conditions-Generales-d-Utilisation-de Myphotoagency.pdf where they can be viewed directly. The Terms and Conditions of Use can also be provided to the User upon request, by email to: contact@myphotoagency.com or by mail to the following address: 44 rue Laffitte 75009 Paris.
The User is hereby informed that MYPHOTOAGENCY reserves the right to modify these Terms and Conditions at any time, particularly due to changes in applicable laws and/or regulations, and/or technical means or constraints. It is therefore the User's responsibility to consult and carefully read the current Terms and Conditions before each use of the Site, and in particular the Services.
MYPHOTOAGENCY recommends that Users keep a printed copy of the Terms and Conditions applicable at the time of using the Site and Services for their personal records.
ARTICLE 1 – DEFINITIONS
Within the framework of the Terms and Conditions, the terms used below have the following meanings, whether used in the singular or plural:
“ Web Community ”: refers to the community of Photographers of MYPHOTOAGENCY.
“General Terms and Conditions of Use” or “GTC”: refers to this document, in force at the time of use of the Site and, where applicable, the Services by the User.
“Site Content” means all information, files, presentations, publications of any kind (texts, images, animated or not, videos, sounds, distinctive signs [trademarks, logos] and hyperlinks) put online by MYPHOTOAGENCY on the Site or sent by email to Photographer who created a Photographer Profile or to User who subscribed to the Newsletter.
“Photographer Content”: refers to all information, statements or exchanges of any kind (texts, images, animated or not, videos, photographs, comments etc.) made available by the Photographer on the Site.
“Login Data”: refers to the Photographer’s personal Username and Password allowing access to the Photographer Profile.
“Identifier”: refers to the email address associated with the Photographer Profile.
“MYPHOTOAGENCY” : refers to the company MYPHOTOAGENCY, SAS with a share capital of €299,880.00 registered with the Paris Trade and Companies Register under number B 753 406 016, having its registered office located at 13, rue Jean Jacques Rousseau – 75001 Paris.
“Password” : refers to any confidential code or password chosen by the Photographer and allowing them to access their Photographer Profile.
“Newsletter”: refers to the free newsletter subscription service, made available to Users according to the terms and conditions set out in article 3.1.
“Party(ies)”: refers individually to MYPHOTOAGENCY or the User, and collectively to MYPHOTOAGENCY and the User.
"Photographer": refers to the photographer, natural or legal person acting as a professional who has created his Photographer Profile according to the terms of article 4, and is therefore a member of the Web Community, a Photographer also being a User within the meaning of the Terms of Service.
“Personal Data Management Policy” : refers to the document describing MYPHOTOAGENCY’s policy regarding the protection of personal data and available on the Site at the URL: https://myphotoagency.com/sites/default/files/mpa_- _politique_de_gestion_des_donnees_a_caractere_personnel_v310518.pdf.
“Photographer Profile”: refers to the Photographer’s personal space accessible from the Site and allowing the Photographer to be listed as a member of the Web Community.
“Services”: collectively refers to the services offered by the Site, including in particular the Newsletter and referral to the Web Community.
“Site” or “Platform”: refers to the website published by MYPHOTOAGENCY, accessible via the Internet at the URL address: https://myphotoagency.com, from which the Services are accessible.
“User”: refers to any natural person who accesses and browses the Site, and where applicable, uses the Services.
ARTICLE 2 – PREREQUIS
The User warrants that they possess the necessary legal capacity to browse the Site and use the Services, and in particular, that they are of legal age. If a User is a minor, they declare that they are at least sixteen (16) years old, have parental authorization, or are emancipated to browse the Site and use the Services. Parents and anyone exercising parental authority are hereby informed that it is their responsibility, firstly, to determine whether their minor child over the age of sixteen (16) is authorized to browse the Site and use the Services and, secondly, to monitor their child's use of the Site and Services.
MYPHOTOAGENCY reserves the right to request at any time from minors proof of express authorization from their parents or legal guardians. Such authorization constitutes acceptance by the parents or legal guardians of these Terms and Conditions.
The use of the Platform and Services implies that the User has the necessary computer equipment (including computer, telephone, software, electronic communication means, consumables such as internet connection costs) to access and use the Platform and Services, it being understood that the User alone bears the costs associated therewith.
The use of the Platform and, where applicable, the Services is reserved for private use, for the User's own needs only, which the User expressly acknowledges.
It is the User's responsibility to ensure, prior to any use of the Services, that they meet their needs.
Under no circumstances shall MYPHOTOAGENCY be held liable to the User for any use of the Services that does not meet the prerequisites.
ARTICLE 3 – DESCRIPTION OF SERVICES
The Site offers the following Services:
- the Newsletter Service;
- the methods of integrating Photographers into the Web Community.
MYPHOTOAGENCY reserves the right to develop, modify or improve all or part of the Services and, in general, the Site.
Access to the Site and Services is free for Users.
3.1 Newsletter
Any User has the option to subscribe to the Site's newsletter in the "SUBSCRIBE TO OUR NEWSLETTER" section by entering their email address in the designated field. Newsletter subscription is free of charge, according to the frequency chosen by MYPHOTOAGENCY, and is sent to the subscriber at the email address they provided. Any User can unsubscribe from the Newsletter at any time by clicking on the link provided at the bottom of each email, or by contacting MYPHOTOAGENCY by email at the following address: contact@myphotoagency.com.
3.2 MYPHOTOAGENCY Web Community
MYPHOTOAGENCY invites professional photographers using the Site to join its Web Community. Anyone with significant experience as a professional photographer and a professional status can become a member of the Web Community as a Photographer.
The Photographer acknowledges that membership in the Web Community requires: (i) meeting the prerequisites referred to in Article 2 and being at least eighteen (18) years old; (ii) meeting the highest standards of professionalism and the administrative eligibility requirementsmentionedin Article 4; (iii) the creation of a Photographer Profile according to the terms of Article 4; and (iv) the express and unreserved acceptance of these General Terms of Use.
Membership in the Web Community allows Photographers to be contacted at any time for services related to their areas of expertise, it being understood that MYPHOTOAGENCY remains free to choose the Photographers;
In general, and is not bound by any obligation towards Photographers with regard to, in particular, their visibility and the development of their activity.
ARTICLE 4: CREATION OF THE PHOTOGRAPHER PROFILE
4.1 Professional photographers wishing to become members of the Web Community are invited to create their Photographer Profile within the Site, under their own full responsibility, by clicking on the "CREATE A PHOTOGRAPHER PROFILE" section visible on the Site and following the instructions.
Creating a Photographer Profile involves several steps and requires, in particular:
(i) to choose a Username and Password, which are strictly personal and confidential and remain under his/her sole responsibility;
(ii) to provide their surname, first name(s), telephone number, postal address, area(s) of expertise, a profile picture and to write a short introductory text;
(iii) to transmit via the Site a series of photos taken in the course of his professional activity;
(iv) to transmit information and documents relating to his professional status, including SIRET number, social security number, certificate of civil and professional liability insurance in force, bank statement.
The professional photographer remains solely responsible for the entry of their personal information and data, which are subject to the specific provisions of Article 12 and the Policy
Personal Data Management.
The professional photographer must check the box: "I have read and agree to the General Terms and Conditions of Use" and click on "Finalize my registration".
The Photographer undertakes to inform MYPHOTOAGENCY of any changes relating to the information provided and in any event, will communicate this information every three (3) months.
The Photographer may request the closure of their Photographer Profile at any time and without reason, by contacting MYPHOTOAGENCY by email at the following address: contact@myphotoagency.com.
4.2 When creating their Photographer Profile, the professional photographer agrees to provide true, accurate, current, and complete information about their identity. In particular, they agree not to create a false identity that could mislead MYPHOTOAGENCY or third parties, and not to impersonate another legal entity or individual. Should the information provided be inaccurate, erroneous, outdated, incomplete, or misleading, MYPHOTOAGENCY may, immediately and without notice or compensation, suspend or delete the Photographer Profile and deny them access, temporarily or permanently, to all or part of the Site and Services.
Once the Photographer Profile has been created, MYPHOTOAGENCY may contact the Photographer to arrange a test shoot, after which, if applicable, the Photographer may be offered the opportunity to carry out services as part of its service offering, according to the terms and conditions agreed between the Parties; it being understood that certain services offered by MYPHOTOAGENCY require the status of "Partner", according to the terms and conditions of a specific agreement.
MYPHOTOAGENCY cannot under any circumstances be held responsible for the information contained in the Photographer Profile and, more generally, for Photographer Content.
ARTICLE 5 – USE OF PHOTOGRAPHER'S CONNECTION DATA
The Photographer undertakes not to disclose their Connection Data to third parties and to take all necessary precautions to ensure its confidentiality, security, backup and proper use, in order to prevent it from being revealed to unauthorized third parties.
If the Photographer forgets their password, they can click on "forgotten password?" below the fields<Identifiant> And<Mot de Passe> After filling in their contact email address and validating, the Photographer will be invited by email to click on a hyperlink allowing them to enter a new Password.
The Photographer is responsible for maintaining the confidentiality of their Password. In particular, if the Photographer shares their computer, they are required to log out of the Site beforehand. All access to and use of the Services, as well as any data transmissions made from the Photographer Profile, will be deemed to have been carried out by the Photographer.
Any loss or unauthorized use of a Photographer's Username and Password by a third party, and their consequences, are the sole responsibility of that Photographer. In this case, the Photographer agrees to inform MYPHOTOAGENCY as soon as possible by email, specifying their surname, first name(s), postal code, city, date of birth, telephone number,
and, if possible, Username and old Password, to the following address: contact@myphotoagency.com, so that MYPHOTOAGENCY can take steps to remedy the situation, and in particular to proceed with the immediate cancellation and/or update of the Username concerned and/or the Password concerned.
The User is prohibited from using the Photographer Profile of another User of the Site, impersonating another person or falsely claiming any status in dealings with MYPHOTOAGENCY.
In the event of a breach by the User of any of the above commitments, MYPHOYOAGENCY reserves the right to immediately suspend or delete the Photographer Profile and to deny him access, temporarily or permanently, to all or part of the Site and Services.
ARTICLE 6 – CLOSURE OR SUSPENSION OF THE PHOTOGRAPHER'S PROFILE AT THE INITIATIVE OF MYPHOTOAGENCY
If the User uses the Services and, more generally, the Site in a manner that does not comply with these Terms of Service, MYPHOTOAGENCY is free to remove any disputed Photographer Content and/or suspend or close the Photographer Profile and the User's access to all or part of the Services, automatically and without legal formality, and without prejudice to any damages to which MYPHOTOAGENCY may be entitled. If MYPHOTOAGENCY closes the Photographer Profile for non-compliance with these Terms of Service, the Photographer is prohibited from opening a new Photographer Profile, whether with the same email address, a different email address, or through an intermediary, without the prior written authorization of MYPHOTOAGENCY.
ARTICLE 7 – USER OBLIGATIONS REGARDING THE USE OF THE SITE AND SERVICES
The User agrees to use the Platform fairly and to comply with the stipulations of the Terms of Service, acting in a manner compatible with the Services and applicable laws and regulations, in particular those relating to morality and public order.
Furthermore, the User is prohibited from:
– harassing a third party or calling on third parties to engage in such harassment;
– inciting hatred, discrimination, racism, fanaticism and physical violence against individuals or groups of individuals;
– depicting scenes of pornography, pedophilia, or any other shocking subject or containing a link to an adult website;
– soliciting personal information from minors;
– to represent or advocate illegal activities or behavior of a defamatory, abusive, obscene, threatening or slanderous nature or to communicate false or misleading information;
– to encourage, provoke or facilitate the transmission of emails, email chains, unsolicited mass mailings, instant messages, unwanted advertising messages or unsolicited mail;
– to promote or encourage any criminal activity or enterprise or to provide indications or instructions on how to promote illegal activities;
– use the Services for surveys, contests, pyramid schemes or similar operations;
– soliciting passwords or personal information from other Users for illegal commercial purposes; and/or
– transmit or propagate any virus, Trojan horse, worm, bomb, altered file and/or similar destructive device or corrupted data in connection with the Services, and/or organize, participate or be involved in any way in an attack against MYPHOTOAGENCY's servers and/or the Services and/or the servers and/or services of its providers and/or partners.
ARTICLE 8 – REPRESENTATIONS AND WARRANTIES
8.1 MYPHOTOAGENCY Representations and Warranties
MYPHOTOAGENCY declares that it has the necessary rights to put online and send by email the Site Content and to provide the Services.
The User is hereby informed that MYPHOTOAGENCY reserves the right to insert, or authorize any third party to insert, advertising, promotional, and/or sponsorship messages in any area of the Site and Services, without, however, altering the Site's Content. These spaces are independent of the Site's Content itself, published without warranty, and cannot in any way affect MYPHOTOAGENCY's limitations of liability as defined in the Terms of Service.
Furthermore, while MYPHOTOAGENCY makes its best efforts to ensure the availability and proper functioning of the Site and Services, it does not guarantee continuous access to the User.
In particular, it is the User's responsibility to take all appropriate measures to protect their own data, software, and hardware from contamination by viruses or other forms of attacks that may circulate through the Site, especially the Services. In this regard, the User is informed of the risks inherent in using the Internet, particularly regarding security vulnerabilities in data transmission and the lack of guaranteed continuous access to the Site and Services.
MYPHOTOAGENCY also reserves the right to interrupt operation of the Site and/or Services at any time, with or without notice, particularly for maintenance and/or updates, to modify the Site's Content or presentation, or for any other reason beyond MYPHOTOAGENCY's control. Whenever possible, MYPHOTOAGENCY will inform Users in advance.
MYPHOTOAGENCY does not guarantee the transfer rates and response times of information transmitted from the Platform to the Internet. In this regard, the User acknowledges that the speed of information transmission does not depend on the Services offered by MYPHOTOAGENCY, but on the inherent characteristics of electronic communication networks and the technical specifications of their connection method (cable, ADSL, 3G, 4G, etc.) and their Internet access.
In any event, MYPHOTOAGENCY cannot be held responsible for any interruption and/or malfunction of the Site and/or Services, whatever the cause.
8.2 User Guarantees
The User warrants that they possess the necessary rights to communicate the information and, where applicable, the Photographer Content in general. The User shall indemnify MYPHOTOAGENCY against any damages that MYPHOTOAGENCY may incur in this respect.
ARTICLE 9 – LIABILITY
9.1 User Responsibility
The User is solely responsible for choosing how to use the Site and Services and for assessing their suitability for their needs.
The Photographer is also solely responsible for the information and Photographer Content transmitted to MYPHOTOAGENCY through his Photographer Profile, and that such transmission does not infringe the rights of third parties, including the right of person, the right to image, the right of ownership and/or intellectual property rights.
The User is also responsible for securing their computer equipment and backing up their data.
9.2 MYPHOTOAGENCY's Responsibility
Due to the nature of its activity, MYPHOTOAGENCY is only bound by an obligation of means.
In any event, MYPHOTOAGENCY shall not be liable for any direct and/or indirect damage suffered by the User or any third party, in connection with or as a result of the use of the Services and the Site, or which may arise from the use of or the inability to access the Services and the Site, even if MYPHOTOAGENCY has been informed of the possibility of such damage.
ARTICLE 10 – INTELLECTUAL PROPERTY
10.1 All elements of the Site are protected under intellectual property law by current legislation and applicable international conventions, in particular on copyright.
Subject to the Photographer's rights over his personal data and over the Photographer Content transmitted during the creation of his Photographer Profile (including his profile picture) and over which the Photographer expressly consents to MYPHOTOAGENCY's right to use, represent and reproduce them on the Site, MYPHOTOAGENCY and/or its licensors is/are in particular the owner(s) of all property rights relating to the Site – including and without limitation – rights relating to applications, software, trademarks, illustrations, documentation and/or any material.
The trademark "MYPHOTO AGENCY", the database and all software elements comprising the Site, the domain name " https://myphotoagency.com ", and all other elements related to the Site, including but not limited to the Site Content, in particular texts, photographs, videos, databases, software (including APIs), sounds, music, layout, graphic charter, logos, design, or any other information and/or material, whether registered or not, reproduced within the Site, are and shall remain the exclusive property of MYPHOTOAGENCY (and/or its licensors), excluding any elements transmitted by the Photographer. Under no circumstances shall these Terms of Use be interpreted as a transfer of intellectual property rights by MYPHOTOAGENCY (and/or its licensors).
MYPHOTOAGENCY grants the User a non-exclusive, personal, and non-transferable right to view the Site solely for the purpose of browsing the Site and using the Services in accordance with these Terms of Service. Any reproduction, distribution, or representation, in whole or in part, of the Site, and in particular of the Services or any element thereof, is prohibited, as is any alteration thereof. Accordingly, the User is specifically prohibited from adapting, arranging, modifying, correcting, combining, translating into any language, offering for sale or otherwise, or commercializing all or part of the Site or the Services provided by MYPHOTOAGENCY, or any element thereof, by any means or on any medium whatsoever.
Any extraction, whether permanent or temporary, of all or a qualitatively or quantitatively substantial part of the Site, and in particular any database owned by MYPHOTOAGENCY, onto another medium, by any means and in any form whatsoever, as well as the reuse, by making available to the public, of all or a qualitatively or quantitatively substantial part of the Site's content, in any form whatsoever, is strictly prohibited and constitutes an infringement punishable under the Intellectual Property Code. Generally, any reproduction, distribution, representation, modification, or use of the Site's trademarks and/or Content, and its constituent elements, without the express prior consent of MYPHOTOAGENCY, for any reason whatsoever, is prohibited, under penalty of legal action and deletion of the Photographer Profile.
10.2 Photographer Content
The Photographer remains the sole owner of the intellectual property rights attached, where applicable, to the Photographer Content.
ARTICLE 11 – HYPERLINKS
MYPHOTOAGENCY has no control over third-party websites whose links may be present on the Site. Consequently, MYPHOTOAGENCY disclaims all responsibility for the availability and content of these websites and cannot be held liable for any use that may be made of the User's personal data by these websites. Furthermore, MYPHOTOAGENCY encourages the User to report any hyperlinks of which they become aware
present on the Site, which would allow access to a third-party website offering content that is contrary to laws or public morals
Similarly, MYPHOTOAGENCY uses links to certain social networks or other digital platforms, including Facebook, Twitter, LinkedIn, and Instagram. If the User uses these links, for example by clicking the "Like" or "Share" button, information related to the User's browsing on the Site and their membership on these platforms will be transmitted to and stored on a server operating the platform and shared according to the User's account settings on these platforms, in accordance with the terms of use of the digital platform in question.
If the User does not wish for a digital platform to link the information collected through the Site to their user account on that platform, the User must log out of the platform before browsing the Site. In any event, the use of these links is operated by those platforms and is governed exclusively by the terms and conditions between the User and the platform of which they are also a member.
ARTICLE 12 – PERSONAL DATA AND COOKIES
In accordance with the application of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (hereinafter the “GDPR”), MYPHOTOAGENCY has implemented the Personal Data Management Policy in order to govern the collection and processing of personal data that it may carry out in the context of the use of the Services by Users, in compliance with the requirements of the GDPR.
The Personal Data Management Policy is fully applicable to the Terms and Conditions.
ARTICLE 13 – CONFIDENTIALITY
Information transmitted or collected by MYPHOTOAGENCY during the use of the Services is considered confidential and will not be disclosed to any third party, except as otherwise stipulated in these Terms of Service, particularly for the purposes of providing the Services. This stipulation does not preclude MYPHOTOAGENCY from disclosing information to comply with applicable laws and regulations, or to respond to any legal or administrative request or order, or to protect itself, Users, or any other person.
ARTICLE 14 – GENERAL STIPULATIONS
14.1 Notifications
Notifications will be sent to the Photographer by email to the address provided during registration. Any email sent by MYPHOTOAGENCY to the Photographer is deemed to have been received by the Photographer, who is thus deemed to have fully acknowledged its contents.
14.2 Assignment and Subcontracting
MYPHOTOAGENCY may assign or transfer to any third party, without prior notice, its rights and obligations arising from the Terms and Conditions, it being understood that from the effective date of the assignment, MYPHOTOAGENCY shall not be jointly liable for the performance of the Terms and Conditions by the assignee, and shall therefore be released from all liability towards the User under the Terms and Conditions.
Similarly, the User expressly authorizes MYPHOTOAGENCY to subcontract to a third party all or part of its obligations under the Terms and Conditions.
14.3 Force Majeure
These Terms and Conditions shall not apply in the event of force majeure that delays or prevents either Party from fulfilling its obligations. Force majeure is defined as any event recognized as such under Article 1218 of the French Civil Code.
The Party invoking impossibility of performance due to force majeure must: (i) inform the other Party, by any means, as soon as it occurs and at the latest within forty-eight (48) hours, of the force majeure event, its nature, its point of origin, and its estimated duration; and (ii) take, as soon as possible, all appropriate measures to remedy the situation and, in any event, to limit its effects. The force majeure event suspends the obligations of the Party concerned for the entire duration of the event constituting force majeure. Nevertheless, the Parties will endeavor to minimize its consequences to the extent possible. Failing this, if the impediment is permanent, the Parties will be released from their obligations under the conditions set forth in Articles 1351 and 1351-1 of the French Civil Code.
14.4 Waiver
MYPHOTOAGENCY's failure to exercise or delay in exercising any of the rights under one or more provisions of the Terms and Conditions shall not be construed as a waiver of its right to exercise such rights subsequently.
14.5 Partial invalidity
If any provision of these Terms and Conditions is or becomes inapplicable, unenforceable, invalid, or void for any reason, it will be deemed unwritten but will not invalidate or render void the other provisions of these Terms and Conditions. In this case, the other provisions will not be affected in any way and will remain in full force and effect.
14.6 Language
These Terms and Conditions are written in French. If these Terms and Conditions are translated, only the French version shall be binding on the Parties. Furthermore, all communications, notifications made or delivered under these Terms and Conditions or the Contract shall be in French.
ARTICLE 15 – APPLICABLE LAW AND JURISDICTION
These Terms and Conditions are governed by French law. In the event of a dispute arising from the performance, termination, or terms of this agreement, the Parties shall endeavor to resolve their dispute amicably. If no amicable solution can be reached, the French courts shall have exclusive jurisdiction, and jurisdiction is expressly conferred upon them, even in the case of summary proceedings,multipledefendants, or third-party claims.
ARTICLE 16 – CONTACTS
In the event that the User has any questions about the Terms and Conditions or about the Site and Services, the User can contact MYPHOTOAGENCY by email at the following address: contact@myphotoagency.com.