Terms and Conditions

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 natural and legal persons owning or managing documents and media (including images and video clips), including for example image professionals, companies and public organizations, who have subscribed to a subscription offer on the PhotoDeck platform to store and manage a library of documents and media, and build and host one or more Internet websites to publish them.

“Terms” : mean the present terms and conditions ;

“Subscriber Content” : means the images, video clips and other documents and content uploaded or created on the Subscriber’s PhotoDeck account ;

“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 company PhotoDeck SARL (10 rue des Pins, Nancray, France), who owns all 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 and customers of the Subscribers’ dedicated professional websites, able in particular to search, view, place orders, download and/or receive the images, video clips and other products, in digital or physical form, produced and offered online by the Subscriber.

“Delegate User(s)” : mean the third party persons to whom the Subscriber has provided access to his/her account on the Platform via separate authentication means, so that they can operate it in his/her name.

Article 2 – Object

The Platform’s purpose is to offer to Subscribers the technical means to store, manage, publish, promote, license, sell and distribute their images, video clips and other products, in digital or physical form.

To that avail, the Platform provides Subscribers with the technical means to create and manage a library of media and documents, and to build and operate customizable dedicated websites, that host 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 the website(s) created via the Platform, 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:

  • fill in a signup form
  • be a natural person (of full age and capacity) or a legal entity,
  • accept the Terms.

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

It is admitted that the offer initially subscribed can be changed 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 via your own personal authentication means, 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.

Similarly, any action performed by a Delegate User on your account on the Plaftorm will be deemed having been performed on your behalf and in your name.

Therefore, we strongly recommend to maintain the confidentiality of your personal authentication credentials, and to limit Delegate Users 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:

  • you accept to complement and maintain up-to-date your personal information, in such a way that it remains valid, current and accurate ;

  • you give to the Platform and to the Owner permission to store, copy, manage and publish your Content. You declare and guarantee in this respect that you own all rights in and about any content published, uploaded or created on your account, or imported, copied and published by the Service on your behalf, as Subscriber Content, including any design, image, photograph, animation, video, audio file, font, illustration, composition, art work, interface, text, literary work and any other material, or in another way have (and will keep having) full powers, titles, licenses, consents and authorizations on the Subscriber Content, as required for the legal access, import, copy, use, publication, license transfer or attribution on that Subscriber Content, by yourself, ourselves or any subsidiary of ours.

  • you declare and guarantee that the Subscriber Content is (and will keep being) true, current, accurate, not infringing any third party right, and in no way illegal for you to publish online, import, copy, store, transmit, display, or otherwise use, in the country where you, your Users, reside ;

  • you declare and guarantee that you have obtained all consents and authorizations required by any applicable legislation regarding the display, transmission and publication of any personal information and/or any information implying the right to image or a resemblance to any other person, entity or good part of the Subscriber Content, and you commit to respect the related regulations ;

  • you declare and guarantee that you only use the bulk email sending feature (“mailings”, “newsletters”) with recipients from whom you have obtained prior explicit and demonstrable consent. Sending unsolicited emails via the Platform constitutes a breach of these Terms ;

  • you recognize that the storage space allocated to your content is limited in capacity as a function of subscribed offer and subscription price, and that you will not be able to upload new Content when this storage quota is reached ; in case the storage capacity is exceeded, you will be immediately informed and will have to either move to a subscription offer providing with more storage capacity or return below the storage quota determined by your subscription ;

  • you recognize that the monthly volume of new Content added to your account is limited, and that you will not be able to post new Content during the same monthly period when this limit (based on the account’s storage quota) is reached ;

  • you recognize that the Internet traffic bandwidth allocated to the transmission of your website’s or websites’ content and pages is limited, and that your website and your content will not be reachable anymore when the bandwidth quota is reached ;

  • you recognize that the storage space and corresponding Internet traffic can only be used to store and transmit Content displayed on a Subscriber website via the Service. In particular, files stored on the Service must not be displayed on other websites (“hotlinking”, “inline linking”), except on websites with limited traffic that are the Subscriber’s property. The Service is not to be used for large-scale public content distribution. The Owner reserves the right to limit, suspend or terminate your account if it judges that your use of the Service is abusive ;

  • you recognize that the role of the Service and of the Owner is only to provide a technical solution, and that any relationship with your Users, Subscriber Content sale or license via the Platform takes place between you and the customer User, and that nor the Platform nor the Owner is a party in said transaction. The owner does not make any guarantee to the Delegate Users, and you are solely in charge of your relationship with third parties, including Users and Delegate Users ;

  • you recognize that you are responsible for the management and the confidentiality of the authentication means necessary to connect to your account and use the Platform, including the Delegate Users authentication means, that you solely bear the consequences of the loss, divulgation or fraudulent or illicit use of your authentication means or of those of your Delegate Users, and that the Owner’s liability cannot be claimed in this respect ;

  • in case the Owner and/or the Platform has reason to believe that you are in violation of these Terms and choses to take an action to render inaccessible, or to remove, Subscriber Content, or to suspend your account and/or your website, you recognize that you will not have any right to refund or payment on the motive of said action.

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:

  • upload, publish, send by email, transmit or otherwise make available online Content that violates a patent, a trademark, an industrial secret, a copyright or any other intellectual property right of whatever party ;

  • harm minors in any way ;

  • violate any law or otherwise engage in any unlawful activity ;

  • upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable ;

  • upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships ;

  • impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity ;

  • upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment ;

  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Platform ;

You acknowledge and agree that you are solely responsible for the form, content and accuracy of any Content uploaded or created on your account on the Platform.

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, any person accessing your account via your authentication means, or Delegate Users submit, post to or transmit through the Platform, the use of your account on the Platform 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 the processing of personal data and, in particular, regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 applicable from 25 May 2018 (herein “the European data protection regulation”).

Personal Data for which the Owner is data controller

You recognise that the Owner collects, stores and processes the following categories of Personal Data:

  • Subscriber Data subject to a legal retention obligation. For example: orders and invoices (including first and last name, email addresses, address) and financial transactions. This processing is based on legal obligations.

  • Data of the Subscriber and of his Delegate Users processed for the purposes of managing the Subscriber account, the subscription to the Service, its use and technical support. For example: account creation date, contract acceptance date, language, salted cryptographic password hash, address book, payment details and preferences, order carts, details and history of activities on the Service, IP addresses, equipment, email correspondence with the Owner and its representatives, etc. This Data is necessary for the use of the Service. This processing is based on the performance of these Terms (contract).

  • Data processed for security, Service improvement or business development purposes. Such data may relate to the Subscriber as well as to his Users and Delegate Users. For example: low-level logs (including IP addresses), observed network response times, file import speeds, affiliation data. This data is collected automatically. This processing is based on legitimate interest. The data subject may exercise his right to object by written request to support@photodeck.com.

  • Subscription to the Owner’s newsletters: Requires the Subscriber’s prior consent, independent from his ability to use the Service, revocable at any time via the links provided in each message or upon request to support@photodeck.com.

The Owner may in addition produce and store aggregated and anonymous data (e.g. usage statistics) for internal analytical purposes. Such data does not allow the identification of a natural person.

You recognise that the Owner may transfer Personal Data to third parties as follows:

  • When a Subscriber payment for the Service is initiated, Personal Data may be communicated to the third party processing the payment, so that the payment platform and the Subscriber’s financial institution may authorise the transaction request. For example: Subscriber name, address, email address, IP address. This processing is based on the performance of these Terms (contract).

  • When the Subscriber chooses to use external platforms connected to the Service (for example: integrated laboratories), certain Personal Data may be communicated to the third-party platform (for example: billing address, Content). This processing, linked to the optional use of certain features of the Service, is based on the performance of these Terms (contract).

  • Data may be transmitted to European subcontractors in the framework of the use of the Service (for example: support provided to Subscribers). This processing is based on the performance of these Terms (contract).

The Owner commits not to share Personal Data with third parties other than the transferee of its business or other third parties mentioned in these Terms, unless agreed by the Subscriber.

Processing durations: Personal Data is kept for the duration of the Subscription contract and for a variable duration depending on the nature of the concerned Data:

  • 10 years from the end of the last subscription (including the grace period) in the live database (+ general backup retention period) for data whose processing is based on a legal obligation;
  • until the end of the grace period, of a maximum duration of TWO (2) MONTHS after the end of the last subscription in the live database (+ general backup retention period) for data whose processing is based on the performance of the contract, except correspondence with the Owner (e.g. support request emails) which is kept for a maximum of 4 years after receipt.
  • until the end of the grace period, of a maximum duration of TWO (2) MONTHS after the end of the last subscription in the live database (+ general backup retention period), or for a duration of two years (e.g. low-level logs) for data whose processing is based on legitimate interest.

A copy of the live database, disconnected from the production Service, is maintained for internal testing and development purposes and may be up to FOUR (4) months behind the live database.

A general backup of the Service database (excluding files uploaded by Subscribers) is also maintained at all times. This general backup is intended to address a potential major failure affecting the entire Database, or to analyse and repair a problem appearing slowly and progressively in the database. As a so-called “low-level” backup, the Owner reminds that Data in this backup file is not directly accessible or usable. This processing is based on the Owner’s legitimate interest for security and continuity of operations purposes. Each backup file is encrypted before being stored within the European Union, and is kept for a maximum duration of ONE (1) YEAR from the date of creation of said backup.

In addition, use of the Service implies the use of Cookies stored in the memory of the browsers of Subscribers, Users and Delegate Users, for purely technical purposes (e.g. login sessions, interface preferences…)

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 regulation, the Subscriber is granted a right of access, rectification, erasure and objection, right to restriction of processing, right to data portability, right not to be subject to automated individual decision-making (including profiling) on Personal Data collected concerning him.

These rights may be exercised by sending a request through the facility provided for this purpose accessible from the Subscriber account interface on the Platform or by sending a written request to support@photodeck.com. The maximum reply time to data subjects is one month.

The Owner also informs you of your right to lodge a complaint with a supervisory authority, in accordance with Article 13(2)(d) or 14(2)(e) of the GDPR. In case of suspected violation of your rights, you may contact the CNIL or any other competent authority in the European Union.

Personal Data for which the Subscriber is data controller

You recognise that regarding the Personal Data of the Users of your website(s), of the Delegate Users of your account on the Platform and of other persons whose Data you process via the Service (e.g. subjects of Contents that you or your Users or Delegate Users upload to the Platform, configuration items, published texts etc.), you alone shall have the quality of data controller, the Owner being only a data processor, committing to perform on your behalf the personal data processing operations defined below.

The Owner is authorised to process on behalf of the Subscriber the Personal Data of the Subscriber’s Users and Delegate Users necessary to provide the Service, as well as any other Personal Data voluntarily provided by the Subscriber in the framework of his use of the Service, and may in this respect collect, record, organise, structure, store, adapt, extract, disseminate or make available to the Subscriber, erase or destroy, transmit them. This processing is based on the performance of these Terms (contract).

Personal Data processed on behalf of the Subscriber includes for example Contents (e.g. uploaded images/video clips), first and last names, email addresses, address, salted cryptographic password hash, last connection dates, number of consecutive failed logins, IP address, orders, VAT number, comments, carts, selections (lightboxes), etc.

The Owner draws your attention to the fact that the optional use of certain features such as facial recognition on your Contents means the processing of biometric data.

The terms of optional data processings are detailed for each type of processing in the Service user interface, and it is the Subscriber’s responsibility to ensure that their use is carried out strictly within the framework of applicable legislation.

Data may be accessible to a European contractor in the framework of the technical support provided to Subscribers. This processing is based on the performance of these Terms (contract).

Duration of processing: Personal Data processed on behalf of the Subscriber is kept until the end of the grace period, of a maximum duration of TWO (2) MONTHS after the end of the last subscription in the live database (+ backup retention period).

The Owner commits to:

  • process Personal Data only for the purposes object of the subcontracting;
  • transmit data to third parties only on behalf of and at the initiative of the Subscriber (e.g. transmission of customer addresses to a partner laboratory, submission of images for AI analysis);
  • process data in accordance with the Subscriber’s instructions. If the Owner considers that an instruction constitutes a violation of the European data protection regulation or of any other provision of Union law or of Member State law relating to data protection, it immediately informs the Subscriber thereof. In addition, if the Owner were required to carry out a transfer of data to a third country or to an international organisation, by virtue of Union law or of the law of the Member State to which it is subject, it shall inform the Subscriber thereof before processing, unless the concerned law prohibits such information on important grounds of public interest;
  • guarantee the confidentiality of personal data processed in the framework of the subscription;
  • ensure that the persons authorised to process Personal Data under the subscription:
    • commit to respect confidentiality or are subject to an appropriate legal obligation of confidentiality;
    • receive the necessary training in personal data protection.
  • take into account, regarding its Service, its platform, its tools, products, or applications, the principles of data protection by design and data protection by default.

The Owner may call upon another processor (herein “the Ulterior Sub-processor”) to conduct specific processing activities. In this case and regarding data for which you are data controller, it shall inform you beforehand and in writing of any envisaged change concerning the addition or replacement of other processors. This information must clearly indicate the subcontracted processing activities, the identity and contact details of the Ulterior Sub-processor and the dates of the subcontracting agreement. You shall then have a maximum period of seven (7) days from the date of receipt of this information to present your objections. Where the concerned ulterior sub-processor is itself a sub-processor of the Owner (for example, a content delivery network), and such ulterior sub-processor does not provide the Owner with prior notice within at least an equivalent period, the Owner commits to forward the information to the Subscriber as soon as possible following its own knowledge thereof, the seven (7) day period then running from such forwarding. Such subcontracting may only take place if you have not raised an objection during the agreed period. In case of objection and if no satisfactory solution can be found, the Subscriber retains the right to terminate his subscription without further motive, any sum collected by the Owner for the current subscription period remaining due to the Owner, without refund to the Subscriber, including pro rata temporis.

The Ulterior Sub-processor is required to respect the above obligations on behalf of and under the instructions of the Subscriber. It pertains to the Owner to ensure that the Ulterior Sub-processor presents the same sufficient guarantees as to the implementation of appropriate technical and organisational measures so that processing meets the requirements of the European Data Protection Regulation.

The Owner declares keeping in writing a register of all categories of processing activities performed on your behalf including:

  • the name and contact details of the Subscriber on behalf of which it acts, of potential sub-processors and, if applicable, of the data protection officer;
  • the categories of processings performed on your behalf;
  • if applicable, transfers of Personal Data to a third country or to an international organisation, including the identification of that third country or of that international organisation and, in the case of transfers referred to in Article 49(1), second subparagraph of the European data protection regulation, the documents attesting the existence of appropriate safeguards;
  • as much as possible, a general description of the technical and organisational security measures.

As Data controller, you commit on your side to:

  • provide to the Owner the Personal Data referred to above;
  • document in writing any particular instruction concerning the processing of Personal Data by the Owner, it being noted that the Owner retains the possibility not to follow up on a particular request if it is not in line with the initial features of the Platform, insofar as the Owner offers a subscription to a Service and not software development of specific services;
  • ensure, before and for the duration of the processing, compliance by the Owner with the obligations set by the European data protection regulation;
  • supervise the processing. It shall pertain to you to provide information to the Users concerned by the processing operations upon collecting their Personal Data.

As much as possible, the Owner shall assist you in fulfilling your obligation to respond to the data subjects’ exercise of their rights: right of access, rectification, erasure and objection, right to restriction of processing, right to data portability, right not to be subject to automated individual decision-making (including profiling).

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

Data location

Data (excluding files such as Contents uploaded by Subscribers) is stored on servers located in the European Union. Contents of Subscribers from the European Union (so identified by their IP address at account creation) are also kept by default on servers located in the European Union (with the exception of files uploaded before May 2019, stored in the USA under appropriate GDPR safeguards).

Content displayed on the Subscriber’s website(s) may be temporarily stored by content delivery networks (CDN) close to the User viewing it, including outside Europe, in order to improve the loading time of the Subscriber’s website pages. This temporary storage (caching) is strictly limited to the technical necessities of performance optimisation and flow security. Where such caching servers are located in a third country outside the European Economic Area (EEA), if the processing of personal data outside the EEA constitutes a transfer within the meaning of Chapter V of the GDPR, the Owner ensures that such processing complies with applicable requirements, where applicable by means of appropriate safeguards (European Commission Standard Contractual Clauses and/or equivalent recognised framework), or, failing that, by limiting delivery of the Content to locations situated in the European Economic Area only. Processing carried out by a sub-processor established in the EEA acting by its own means, without the data being made available to another controller or processor established in a third country, does not constitute such a transfer; such processing remains subject to the GDPR. PhotoDeck ensures, when selecting the sub-processor and then in case of objective indication of a change, that processing satisfies the requirements of this paragraph.

The Subscriber may obtain details of the sub-processors and locations of his data upon simple request to support@photodeck.com.

Security measures

The Owner commits to implementing the following security measures:

  • security of remote computer access by limiting access to several software layers, on a “forbidden if not required and authorised” basis;
  • administrative access to the servers and to all data limited to the strict minimum required;
  • securing of Subscribers’ and administrators’ connections to the service’s web interface, from outside the datacentres, by SSL encryption;
  • securing with SSL connections to the Subscribers’ websites when personal data is transmitted (e.g. order pages, login, …)
  • encryption of global backups prior to storage at the Cloud provider, who guarantees the physical security of the encrypted files.
  • limited service access for the subcontractor(s) providing technical support to Subscribers, via a web interface secured by individual credentials;
  • computer system security updates applied as soon as possible after their publication, as a result of specialised communication channels monitoring.

Physical access security to the data, to the servers and to the datacentres in which they are located is maintained by the operators of said servers and datacentres.

At the end of the subscription to the Service, Personal Data may be sent to the Subscriber upon his request. Restitution of Contents, by their nature and potential volume, may be subject to a prior accepted quotation covering the costs imposed by the storage subcontractors on the Owner for said transfer. Following expiry of the grace period, after the last non-renewed subscription, all existing copies in the Owner’s information systems shall be destroyed in accordance with the retention duration limits indicated above.

In case a data protection officer were to be appointed within the Owner’s company, the latter will provide you with his name and contact details, in accordance with article 37 of the European data protection regulation.

Breach notifications

The Owner will notify you of any Personal Data breach without undue delay after having learned about it and by email to the email address attached to the Subscriber account.

This notification is accompanied by any useful documentation allowing you as data controller, if necessary, to notify this breach to the competent supervisory authority, as well as for information to the concerned User.

The notification includes at least:

  • the description of the nature of the Personal Data breach including, if possible, the categories and approximate number of Users concerned by the breach and the categories and approximate number of Personal Data records affected;
  • the name and contact details of the data protection officer or of another contact point from which additional information may be obtained;
  • the description of the probable consequences of the Personal Data breach;
  • the description of the measures taken or that the Owner proposes to take in order to remedy the Personal Data breach, including, if applicable, measures to mitigate its potential negative consequences.

If and to the extent it is not possible to provide all this information at the same time, the information may be communicated in stages without undue delay.

The Owner will assist you where applicable in performing data protection impact assessments and in performing prior consultation of the supervisory authority.

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 gives you a personal, non-transferable and non-exclusive right and license to use the Platform on a personal computer for ordinary use purposes.

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 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, 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 :

  • either manually, through the subscription by the Subscriber to a new subscription (renewal for a duration chosen at the time of the new subscription by the Subscriber),
  • or automatically if the Subscriber has chosen the “automated renewal” open in its Subscriber account (renewal for a duration configurable by the Subscriber, subject to effective payment of the corresponding fee)

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, or requesting the early termination of his 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.

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 might occur and it is the subscriber’s responsibility to keep a backup copy of all uploaded content.

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
  4. THE LOSS, DIVULGATION OR FRAUDULENT OR ILLICIT USE OF YOUR AUTHENTICATION MEANS OR OF THOSE OF A DELEGATE USER.

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, where applicable, validate them before being 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 :

  • send him a simple reminder of the Terms ; and/or
  • suspend (without notice period) for several days the Subscriber’s access to the Platform ; and/or
  • close the Subscriber’s account on the Platform.

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, the placing into judicial liquidation 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: October 9., 2026