General Contractual Conditions for the « PhotoSupplements » Service

provided by UHT France

• Definitions

The terms and expressions set out below are used in the these General Contractual Conditions of use.

Account: means the space reserved for the Customer in the Workspace allowing Service set-up, access to the database and the Subscription management.

Customer: means the person or entity, using the service, which also means the authorised user who has taken out a Subscription with UHT France, and is bound by these General Contractual Conditions.

Browser: means the software which is used by Visitors to access web sites on the Internet ; for example, Microsoft Internet Explorer, Mozilla Firefox, Apple Safari, Google Chrome.

Customer's site: means the internet web site for which the Customer intends to use the Service and on which the Source image(s) are found.

Forum: means the area accessible from the Workspace which allows Customers, who remain responsible for their own comments, to freely discuss the operation of the Service and to exchange messages on that subject with Customers and/or UHT France.

General Contractual Conditions: means all documentation made up of the terms which govern the contractual relationship between the Customer and UHT France and defines their reciprocal obligations for the purpose of using the Service. If required, conditions may be added or amended by special conditions negotiated between both Parties (UHT France & the Customer). Specific pricing conditions are added to the General Contractual Conditions according to the Subscription chosen by the Customer.

Image displayed: means the image resulting from the use of the Service from a Target image.

Offer based on consumption « Pay as You show »: Subscription which price is calculated according to the monthly consumption in storage and display of photos

Package : Subscription which price is pre determined and includes the storage of a number of photos and a limited number of displays full screen exectuted by the Service

« PhotoSupplements »: name of the Service; « PhotoSupplements » and the associated logo are registered trademarks of UHT France.

Script: means the lines of code provided by the Service which need to be inserted into the site source code of the Customer's Site at the place which corresponds to the Source image which will be the object of the Service.

Server: means the computer(s) owned by or used by UHT France to store the Source images uploaded by the Customer from the Workspace, and data generated by the Service.

Service: means the service offered by UHT France as « PhotoSupplements » consisting of provision of an application which allows Display in the Supplement of high resolution Target images when the Source image on the Customer's Site (which is linked to the Target image uploaded to the Workspace) is selected by the Visitor using a pointing device.

Site: means the internet web site of UHT France available at this address: www.photosupplements.com providing the Service. This site enables account creation, Subscription set-up and use of the Service via the Workspace.

Slideshow: means the Supplement display method used when more than one Target image is called from the same Tag.

Slideshow installation: means the virtual link between the Source image from the Customer's site and the Target images uploaded to the Server in the Workspace, which is created using the Service and allows the display of Slideshow in the Supplement.

Slideshow installation Assistant: means the Workspace module which allows the Customer to create and install a slideshow on the Customer web site opened by the Visitor's click on a Source image in the Supplement.

Source Image from the Customer's site or Source Image: means any image (files saved in an image format: photograph, navigation element) displayed on the Customer's site and opening when selected one or more Slideshows, those being installed using the Slideshow installation Assistant from the Workspace to enable the display of Target images in the Supplement.

Statistics: means the data available about the number of display per image.

Storage capacity: means the number of Target images which can be uploaded to the Workspace by the Customer.

Subscription: means the service Package associated to the Customer's Site defined by a main domain name and provided according to these General Contractual Conditions, with options and duration as chosen by the Customer at the time of Subscription, in accordance with the range of services offered by UHT France.

Supplement: means both the Image displayed and the information provided by the Customer and the navigation relative to this image.

Supplement Icon: means the image of the PhotoSupplement logo which is shown as mouseover text on the Source image and signals to the Visitor that the full screen display functionality is provided by the Service.

Support: means all help, description of steps to follow, and technical information provided to the Customer in the Workspace or on the Site to use the Service – in particular Account creation, options, sign in, modification, Subscription cancellation, Image upload, Script integration, viewing Statistics – excluding the Forum.

Tag: means the keywords(s) added to one or more of the Target images which links them together and causes them to be displayed as a Slideshow by the Supplement.

Target image: means all files – and specifically all photographs – of high resolution saved in an image format, uploaded to the Server via the Workspace and which will be displayed full screen in the Supplement.

Third Party: means all people who are neither UHT France, or the Customer, or a Visitor, and who are not employed by any of these entities.

UHT France: means the company UHT France, the Service provider.

Uploading to the Server: means sending a copy of a file to the Server via the Workspace which the Customer has access to.

Visitor: means all people who connect to the Customer's internet site(s) and who use the Service available on the(se) site(s).

Workspace: means the functionality available at the following address: www.photosupplements.com/PhotoSupplements WorkSpace/ after the Customer has logged in. This functionality allows the Service to be used and amongst other things: the management and upgrade of Subscription to the Service (upgrade, renewal), Target image upload to the Server, Installation of slideshows to Source images on the Customer's site, access to the Support and Statistics.

• Description of Service options and duration

The Service allows the Customer to offer Visitors to their Site (the Customer's site) the ability to view the Display of Target images (by selecting Source images using a pointing device).

The sequence of steps required for the Customer to set up the Service are provided by Support : upload the Target images to the dedicated Workspace location ; Link the Source images to the Target image(s) or to the Tag(s) added using the Slideshow installation Assistant ; add the Script to the source code of the Customer's site.

The Target images are displayed using all available monitor space, this means the browser window. Without any loss of quality, the Image is displayed as big as possible from the original file uploaded to the Server.

The Service includes the storage of Target images which have been uploaded by the Customer to the UHT France Servers, in accordance with the instructions provided by Support.

The Storage capacity differs from the size of storage space in that it is measured in number of Images saved, with the file size not being limited for uploaded files.

The Service is for a specified number of Target images (the Storage capacity) which can be stored and can be displayed, in relation to the Subscription chosen.

The Target images are converted to JPEG format when they are uploaded to the server, which means that the file compression could result in a loss of data which could affect the quality of the displayed images.

The Service includes access to view Statistics for each Target image specifically the number of times that the Server has sent each Target image to the Visitor's browser for display.

The « Zoom+ » packages allow the display of one or more Target images in a Slideshow using Supplements, with display options such as : Image title and description, navigation elements, thumbnail view and Slideshow title.

The « ShowMore » offer allows the display of one or more Slideshows of Target images using Supplements, with display options such as : Image title and description, navigation elements, thumbnail view and Slideshow title(s).

Examples of all packages are available for viewing on the Site.

• Technology prerequisites

The Service offers an application produced by UHT France which allows instant display* of a Target image as an Image which is displayed in any size without any loss of picture quality from the quality of the compressed image.

The use of the Service by the Customer involves a connection between the Customer's computer and the Internet, the use of an operating system and of a browser application. The addition of code to the Customer's site source code involves the use of a text editor or any other application which can be used to create web pages for an Internet site.

The Customer should have access to the services of someone with sound knowledge of HTML programming or be able to call on the services of an external provider who is able to supply these skills.

The Customer's site should broadly meet the programming standards of the World Wide Web Consortium (W3C) without this the Service will not function correctly.

*The use of the Service by the Visitor involves a connection between the computer and the Internet, and a Site equipped with the Service. The speed to display the Images via the Supplement is in relation to said connection and the hardware used by the Visitor.

• Agreement to the General Contractual Conditions and upgrades

The Customer agrees to have read and understood all the General Contractual Conditions and to have accepted them by checking the tick box during the Subscription process.

The General Contractual Conditions apply as in the version which is written at the time of Subscription for the total duration of the contract set out in the Subscription. The General contractual conditions may be modified where appropriate and will be shown to the Customer when the Subscription is updated (modified or renewed).

• Promotionnal Offers

Promotionnal offers grant time limited or unlimited special pricing on wether or both number of stocked photos and number of displays.

In the scope of such offers, UHT France takes the right to display a logo in the Supplement.

UHT France may at any time terminate a subscription offered as part of a promotional offer if the provision of the Service to the Customer is, in UHT France’s opinion, no longer commercially viable.

 

• Termination or suspension of Subscription to the Service

The Subscription to access the Service may be terminated or suspended by UHT France, this will result in a stop or suspension of access to the Service:

•  At the end of the Subscription term if no express renewal is made, this includes non-payment of the chosen Subscription cost

•  In the event of Customer violation of one or more of the provisions of the General Contractual Conditions.

From the end of the Subscription term if no renewal is made, the Service will be suspended for a duration of 30 days during which the Customer will have access to the Workspace but will not be able to upload images ; Links will be de-activated but will be stored during the 30 days in the event that the there is a renewal during this period. After the aforementioned period, the Account, personal information and the files saved on the Server will be deleted.

• Rates and Billing Conditions

A Subscriber can choose a Package or the Offer based on consumption "Pay as You Show".

Packages: The Packages available are based on Zoom+ features and are charged as follow:

Zoom+50 includes storage of 50 photos and 2.500 displays, charged 4,90 euros per month, without taxes
Zoom+100 includes storage of 100 photos and 5.000 displays, charged 9,90 euros per month, without taxes
Zoom+200 includes storage of 200 photos and 10.000 displays, charged 19,90 euros per month, without taxes

The number of photos stored is the maximum number of files that can be uploaded and stored into the Workspace, whatever the size.
The number of displays is the number of displays in full screen, or in the maximum resolution of the file, in the visitor’s browser. Are excluded from counting: displays executed by the service provider (PhotoSupplements and UHT France) and executed from the PhotoSupplements showroom. Detailed consumption statistics are available in the Workspace. When this limit is reached, the service is suspended; thus a package can be renewed at any time and is valid one month. The displays that have not been executed can not be refunded or transferred.

The Service will be available immediately on receipt of secure payment of the fee due for the Subscription chosen. The Customer will receive an email informing them that they have access to the Service, and summarizing the Account information.

The Customer can view the billing status and edit payments using the Billing functionality in the Workspace.

Offer based on consumption "Pay as You Show": The Offer based on consumption is based on ShowMore features and charged according to the number of photos stored and the number of displays using the Service executed.

Prices for storage of photos and displays are degressive and calculated using a logarithm; an online price simulator is available at: http://www.photosupplements.com/en/offres#simulateur

Examples:
150 photos stored (0,05924 € / photo) + 10.000 displays (0,00231 € / display) = 32,07 €HT / month
250 photos stored (0,05669 € / photo) + 25.000 displays (0,00222 € / display) = 69,85 €HT / month
800 photos stored (0,05087 € / photo) + 50.000 displays (0,00215 € / display) = 148,60 HT / month
1.000 photos stored (0,04976 € / photo) + 100.000 displays (0,00208 € / display) = 258,63 €HT / month

The minimum charged on a monthly basis is 30 € (without taxes). Above, the actual consumption is charged.

The number of photos stored is the average of daily number of files uploaded and stored into the Workpace during the month, whatever the size.
The number of displays is the number of displays in full screen, or in the maximum resolution of the file, in the visitor’s browser. Are excluded from counting: displays executed by the service provider (PhotoSupplements and UHT France) and executed from the PhotoSupplements showroom. Detailed consumption statistics are available in the Workspace.

The Service will be available immediately and the billing proceeded at the end of the month. The Customer will receive an email informing them that they have access to the Service, and summarizing the Account information.

 

• User rights granted to the Customer

Following subscription, and if necessary validation of the payment received for the Subscription chosen, the Customer may, conforming to the terms set out in the General Contractual Conditions and depending on the type of Subscription paid for, use the Interface (Workspace) provided by UHT France, and access their Account, and use the application to generate the Script which will allow the display of the Supplement from a Source image on the Customer's site which is linked to one or more Target images which have been uploaded to the Server.

The right to use the application produced by UHT France is only authorised for the term of the Subscription.

The right to use the application produced by UHT France is granted to the Customer only, and within the strict limits of their Subscription, the Subscription cannot be shared with third parties without authorisation by UHT France.

All other use of the application produced by UHT France is forbidden. Full or partial copying is also forbidden .

UHT France may modify their application and carry out updates or amendments which may modify the granted user rights, these user rights apply to the updated or amended version, until the user rights expire at the end of the current Subscription or until the application is replaced by a new or amended version.

At the end of their Subscription, the Customer can either renew or not renew the current Subscription, or change to a different Subscription.

The Customer can also, without waiting for the current Subscription term, subscribe to a different Subscription which will replace the previous one for which a reimbursement of all or part of the cost of the Subscription regardless of the time which has passed, or which remains before the end of the Subscription, all payments for a Subscription during registration are permanently kept by UHT France.

In the event of a change in the Storage capacity, the Customer should make sure that the new Storage capacity which they would like to subscribe to is sufficient to allow them to store the desired number of Target images ; this Capacity can be increased or decreased at any time, for the latter this may be subject to the user deleting a sufficient number of Images from their Workspace.

In the event that a Subscription is altered to use a Package which offers less options than the previous Package, the number of Target images, Statistics, Tags and Links that will be saved will correspond to the limits of the new Subscription, after the Customer has chosen which Target images, Statistics, Tags and Links to keep, those not kept will be automatically deleted.  

• Customer Account Security

Data transmitted by the Customer is their sole and complete responsibility.

The use of the Customer Account is reserved entirely for the Customer. The Customer can access their Account using their Username (Account number assigned by UHT France) and a password which is initially generated automatically. The password can then only be modified by the Customer using the password change functionality via the Workspace. The Customer must take all precautions possible to maintain the confidentiality of their login id and their password. The Customer should not reveal their username or password to a third party. In the event that the Customer loses their password, the Customer can request that UHT France reset their account, for this UHT France will require proof of identity from the Customer.

In the event of unauthorised use or hacking of the Customer's Account, it is the Customer's responsibility to take any measures possible to prevent or impede all damages which could be caused. The Customer should also inform the UHT France immediately so that they may take steps to halt the Account misuse.

• Customer Agreement

The Customer agrees to accept all General Contractual Conditions. The Customer also agrees to abide by all applicable laws and rules, and is forbidden to commit acts contrary to public decency, in the interest of third parties and public order.

The Customer specifically agrees not to use the Service to display illegal pornographic images specifically images showing children or minors, non consensual adults, or any other living being.

The Customer agrees not to write or publicly publish any racist, defamatory, abusive, discriminatory or any other comments which constitute an abuse of freedom of expression via the Service or the Forum

The Customer agrees to respect the rights, specifically intellectual property rights, of UHT France as well as those of third parties.

The Customer agrees to use the Service for their use only, and for the purpose of their business, and is not allowed to share, rent, transfer or benefit any third party, the user rights of the application produced by UHT France which is used to provide the Service. Each Subscription registered by a Customer can only correspond to a single Customer Site internet domain name. The Customer should therefore register one Subscription per Site which they own for which they wish to use the Service.

The Customer authorises UHT France to mention the Customer's site in order to demonstrate or illustrate the Service by referencing in a brochure, claim, prospectus, advert or any other form of documentation with whatever support, and within the Site.

• Rules governing responsibilities (hosting) and subsidiary limits

UHT France supplies the Service as a technical service within a hosting capacity.

UHT France undertakes to provide the Customer with sufficient Bandwidth to ensure operation of the Service. UHT France will not be held responsible in the event of excess Bandwidth use by the Customer's Sites caused by an increase in the traffic on the aforementioned Sites which results an abnormal increase in the time taken to display the Images with regard to the technology used at the time of the image display which is subject to dispute and the Account containing the settings, statuses and specification of the equipment and network used by the Customer and the Visitor.

UHT France will also not be held responsible for the consequences of any technical failure which affects the transmission of data which is located on a part of the communication network over which UHT France has no control, such as for example, a break, suspension or decrease in service from an Internet service provider or any other operator, or equally the breakage of a physical machine which is used for the storage and safe keeping of data.

UHT France will not intervene in any way regarding the choice of Images made available to the public or the editing of text added to the Supplement or Slideshows.

According to the French law of 21 June 2004, UHT France will not be held liable outside of the conditions contained in this document which sets out a presumption of no civil or criminal responsibility.

UHT France will not be held responsible or accept responsibility for any damaging or malicious acts or damages attributable to the Customer, the Visitor or a third party, with regard to the online Source and Target images and/or the text added with the aid of the Service.

The Service should be used for the sole purpose it is provided for as described in the General Contractual Conditions, all other unexpected or prohibited use is not the responsibility of UHT France.

Only the Customer has access to the Service. Direct or indirect access to the Service by a third party is forbidden.

In the event of distribution of illegal or damaging images or text, or images and text which could be considered illegal or damaging to third party interests, UHT France, once informed, reserve the right to remove access to the aforementioned images and texts, without taking responsibility for the Customer, even if they are the victim of a malicious act.

UHT France reserves the right to terminate a valid Subscription in the event of violation of any one of the clauses of the General Contractual Conditions by the Customer, including those regarding their responsibility to maintain the confidentiality of their login id and password.

UHT France reserves the right to request compensation for losses incurred as a result of use of the service by the Customer or a third party and request that all reasonable measures to stop such an attack being carried out under their account.

In the event of intrusion to the system linked to the Service by a third party, and of modifications made to Images or text, UHT France can only intervene after specific details regarding the Images or texts involved has been provided, and when the identity of the person raising the alarm has been ascertained. UHT France cannot accept responsibility in the event that they are unable to ascertain the Images or text which are subject to dispute, or unable to confirm the identity of the person raising the alarm.

UHT France cannot accept responsibility regarding Images or texts which have not been declared illegal by a judicial authority.

UHT France cannot accept responsibility for any interruption to the Service if this was due to a cause external to the company operations and organisation, or to remove access to the Service for an unauthorised third party, or to stop any malicious acts (intrusion, destruction, damaging of material and equipment, causing malfunctioning of computer tools or programs etc). In the event of an interruption to the Service due to a cause attributable to UHT, the Customer can only receive, as compensation, a free extension of the Subscription under the same conditions as those which were in force at the time of the outage, this will start at the end of the contracted duration of Use, and will be for a period equivalent to that of the interruption. A service interruption cannot lead to any reimbursements or any other form of reparation.

UHT France cannot accept responsibility for any reparation regarding damages caused to the Customer or to any third party by usage which does not meet the General Contractual Conditions, or by usage by a third party who are not bound by the General Contractual Conditions.

UHT France cannot be held responsible by the Customer for any reasons relating to usage, including copying, modification of, alteration or moving of the Source or Target image, or the image displayed to a Visitor or third party. UHT France cannot accept responsibility for a breach attributable to the Customer or third party.

UHT France cannot accept responsibility in the event that any erroneous, incomplete, false or inaccurate data is provided by the Customer during the Account creation and use of the Service.

UHT France cannot accept responsibility for any consequences caused by issues affecting the Customer's Site(s) which were not caused directly by the Service.

• Forum and responsibilities

Customers can express themselves freely on the Forum, but must take responsibility for their actions.

UHT France will not be held responsible for any damages caused by comments posted by a Customer on the Forum.

UHT France will not intervene as editor of the Forum and will only make the Forum available to Customers as a place for discussion of the Service.

All Customers who post comments which are misplaced, illegal, immoral, which are contrary to public decency or applicable laws regarding freedom of expression, can receive one or more of the following actions depending on the content of the comments which are in dispute, and the response received from the Customer, previous incidents which have been attributed to the Customer may be taken into account:

•  Message from UHT France warning the Customer that a comment posted is subject to a dispute.

•  Provisional total or partial Deletion of the disputed comment by UHT France

•  Complete or partial Deletion of the disputed comment by UHT France

•  Temporary suspension of the Customer from the Forum

•  Complete ban of the Customer from accessing the Forum

•  Temporary suspension of the registered Subscription

•  Complete termination of the registered Subscription

These measures towards the Customer may be taken without the Customer calling into question the responsibility of UHT France for the decisions taken regarding the disputed comments and regarding the Customer.

These measures will be taken nothwithstanding the possibility that UHT France may inform appropriate public authorities, or will file a claim the event that UHT France receives any subsequent legal action.

These measures will be taken nothwithstanding the possibility that all people targeted by the disputed comments may seek civil or criminal damages from the author of the comments to resolve the problem or damages sustained, but will not be able to pursue UHT France who does not act as content editor on the Forum.

• Intellectual Property and Image rights

The Customer agrees to respect and to ensure that third parties respect the intellectual rights held by UHT France specifically for the application which is used to provide the Service, as well as the industrial property rights UHT France holds, specifically registered trademarks.

The Customer declares that they hold all intellectual and industrial property right for the Images and objects involved in these Images, or have been authorised by the holder of these rights to use the Images within the scope of the Service.

Any false declaration by the Customer will relieve UHT France from any responsibility in the event that UHT France is pursued by the Customer or a third party, and even that UHT France would have grounds to implead the Customer in the event that UHT France is impleaded due to a failure to respect intellectual or industrial property rights.

Any other infringements of the protected rights of a third party or UHT France by the Customer will bring about the immediate and complete termination of the Subscription along with termination of all rights to use the application required for the provision of the Service.

• Confidentiality and data processing

UHT France agrees to respect the confidentiality of all data provided by the Customer for the purpose of using the Service. Only data provided by the Customer which is communicated to the public via the Service is likely to be brought to the attention of any third parties.

In accordance with the « Information technology and freedom » law, automated processing of personal data generated by the Service is subject to regulatory requirements as set out by the Commission nationale informatique et libertés (French National Information technology and freedom Comission) .

The Customer has a right to access, question, change and remove any of their personal information, the customer therefore has knowledge of and has accepted this.

The Customer's personal data is retained for the duration of the Subscription plus an additional 5 years.

By ticking this box the Customer has read and agreed to the General Contractual Conditions, and declares that they are aware that:

• That personal data collected by UHT France is subject to automatic processing.
• That they have a permanent right to access, challenge, amend and delete this data
• They can contact the person responsible for data processing at UHT France, Mrs Caroline Amilhat, at the following email address. : contact.cnil@uht.net to exercise rights under law n° 78-17 of the 6th January 1978
• The data processing is used to enable the Service to operate and to meet the description set out in the General Contractual Conditions
• UHT France is the recipient of this data, except data which is designed to be only shown to the Visitor during the Service operation.
• The information added to all identification data fields is compulsory and should be true.
• Failing to add information to any one field will result in a rejection of the opening of the Account

• Specific restrictions

The Customer is forbidden to present themselves to a third party as acting for, or having a legal relationship with UHT France other than that set out in the General Contractual Conditions without written permission from UHT France.

The Customer agrees to accept this restriction with regards to the third parties they are in contact with.

• Contractual changes to the statute of limitations

In accordance to article 2254 of the French civil code, UHT France and the Customer agree that all compensation for damages incurred by or related to operation of the Service has a statue of limitations of one year after the party considers themselves injured, or knew or could have known about the disputed actions, this could also be considered the day that the damaging event happened. Under the same conditions, UHT France and the Customer agree that all payments of money not linked to compensation for damages will have a statute of limitations of 5 years.

• Data Protection

UHT France guarantees the hosting of Target images on their Servers for the duration of the Subscription plus the 30 day suspension period in the event of the Account not renewing the Subscription. The responsibility of UHT France to store the following data : Target images and related text, ends at the Subscription expiry date and when the Account is deleted. UHT France does not have responsibility to provide storage after the Subscription expiry date.

UHT France does not have a responsibility to provide storage for Target and Source images, related text and Statistics in the event of Subscription termination following a Customer breach of one of the obligations set out in the General Contractual Conditions.

UHT France will not be required to store Target images and related text for Images after they have been deleted, replaced, or modified.

In accordance with the legal and regulatory texts under French law regarding the storing of identification data notwithstanding the declarations of the « Information technology and freedom » law, UHT France will retain data to allow identification of Customers and content creators transmitted during the provision of the Service and only for the duration and under the conditions set out by the legislation in force.

• Contact with UHT France

For any problems related to the operation of the Service, all warnings regarding potentially illegal content or which may affect third party rights, and rights conferred by law n° 78-17 from 6th January 1978, as well as the execution of provisions of the « Information technology and freedom » law, specifically access, correction or deletion of personal data concerning the Customer, to ensure the request is processed and to request updates, UHT France can be contacted at any time at the following email address : contact.cnil@uht.net.

• Applicable law, language version and competent jurisdiction

These terms and conditions between the Customer and UHF France regarding the Service shall be governed by, and construed in accordance with, French law.

If there is any contradiction between different language versions of the General Contractual Conditions, then the French language version shall take precedence.

The Customer and UHT France agree that the invalidity of one clause of the General Contractual Conditions would not affect any other clauses.

All disagreements between the parties relating to the termination, execution, and interpretation of the General Contractual Conditions and the implementation of the Service, shall be submitted to the appropriate tribunals under the Cour d'Appel de Paris.