General conditions of use and sale
1. Scope of application and acceptance
The aim of these General Terms and Conditions of Use (hereinafter referred to as the "ToUS"), which are governed by French law, is to govern the use of the Wipplay.com website, including all its content and all the uses accessible on the website, to the exclusion of participation in any contests governed by special terms and conditions.
Any connection to the Website and use of its content entails express and unreserved acceptance of the ToUS.
Wipplay reserves the right to modify the ToUS at any time, in which case it will mention this modification on its Website. The modified ToUS will come into force as from the time when they are placed online. We advise Users to read the ToUS regularly. Users shall be deemed to have accepted the most recent version of the ToUS whenever they make a new connection to the Website's services.
2. Description of the Website's free services (www.wipplay.com)
Wipplay.com is a Website where photographs are shared and Users can enter contests.
2.1 The viewing of photographs
The viewing of photographs does not require the creation of a personal account. Photographs may therefore be accessed by Users who are not Website members.
2.2 Services accessible to Members
2.2.1 Registering for the free services provided by the Website
Access to the various free services on the Website (the sharing of photographs, participation in contests, voting on photos, making comments, etc.) requires the creation of a personal account by means of a form available online provided for such purpose. There is no charge for creating an account.
A User who has an account becomes a member of the Website (hereinafter referred to as a "Member").
184.108.40.206 The procedure for creating an account
Users wishing to become a Member must provide the following information by filling in the online form provided:
- email address
Each Member guarantees the accuracy of the information that they supply to the Company in the context of their registration, and undertakes to inform the Company of any subsequent changes in this information. Users may at any time access and modify the personal information they have supplied to the Company, in accordance with the conditions provided for in Article 11.2 - Users' Rights.
Members are personally and solely liable for keeping their password confidential, and they undertake not to communicate it to any third party.
Members undertake not to choose a username that has discriminatory, political, religious, fascist, xenophobic, racist or sectarian connotations, or that contains insults, threats, or advertising matter.
Once the form has been duly filled in and sent to the Company, a confirmation email will be sent to the email address supplied by the Member on the registration form.
220.127.116.11 The sharing of personal information within the "Community of Members"
The creation of a personal account enables a Member to leave a comment on a photo ("leave a comment" function), build up a list of contacts, possibly create restricted networks or groups if they so wish, and vote for an image.
Members acknowledge the fact that their personal profile is accessible to all Website Members, who can access some of their personal data (username, age, country of origin etc.).
Members accept that any comments that they leave on a photo can be seen by all Users of the Website.
Members may cancel their registration with the Website at any time by sending an email to firstname.lastname@example.org or by using the Contact form on the site. Deregistration from the Website will become effective within 48 hours.
The deregistration of a Member will lead to the deactivation of their page.
The company may refuse the access to the free services of the Website, unilaterally and without notification, to any Member who would disrespect the ToUS.
2.2.2 The sharing of photos
The Website enables Members to view photos, place photos online, store photos on their personal page and comment on both their personal photos and those of other Members.
The Website enables Members to publish their activity on Facebook and share it on Facebook, Twitter or any other social network.
As the Website is not designed to be a place for the conservation of photographs, Members are responsible for taking all necessary measures to that end. The Company cannot under any circumstances be held liable for any harm that may be suffered as a result of the disappearance of digital photographs or related data from the Website, nor any alteration thereof on the Website.
The Website enables Members to download the original version of their images (whose size may not exceed 50 MB) in jpg, jpeg, gif and png formats.
2.2.3 Participation in contests
Participation in contests offered by the Company is free. The terms and conditions governing participation and the conduct of contests are defined in the specific contest rules, which can be consulted on our Website. For more information concerning the rules for a contest, please consult the Contest page of the Website.
2.2.4 The management of points
Several actions (registration, voting, leaving comments, winning prizes, etc.) enable Members to have points credited to their accounts. Some actions can have them lose points.
By accumulating points, Members are able to go on to the next competition stage.
A set number of points is necessary in order for Members to be able to carry out certain actions (accessing parts of the Website or entering contests that require a certain number of points).
The Company reserves the right to modify the procedures for the allocation of points at any time.
2.2.5 The management of badges
A badge system has been developed to qualify the participation of Members.
As their participation advances, Members may "win" badges.
2.2.6 Use of the "Comment" and "Send a message" functions
The Website's "Comment" function enables Members to leave comments concerning any of their own photographs or other Member's photographs.
Members declare that they are solely liable for the content of comments placed online by them on the Website, insofar as in its capacity as a hosting provider for the service in question, within the meaning of the provisions of Act No. 2004-575 of 21 June 2004 relating to confidence in the digital economy, the Company cannot be held liable for the content of messages transmitted or placed online ("Comment function ") by the Members of the Website, over whom the Company has no control.
Members expressly undertake, on pain of their incurring criminal or civil liability, to ensure that messages transmitted or placed online comply with French legislation.
2.2.7 Voting function
Voting for photographs is provided for in the context of photographic contests.
A Member may vote for another Member's photograph. They cannot vote for their own photo.
It is possible to vote for a photo entered in a contest. However, a photograph must be registered for a contest in order to participate in it.
Members gain points if they vote on a photograph.
2.2.8 "Like" function
A "like" function with comments is planned for each image, except for photographic competitions (the "like" function becomes a "vote" in the context of a contest).
Members gain points if they like a photograph.
The number of likes is displayed next to each photograph.
2.2.9 Classification of images
The Website enables Members to index their images using a tags system.
Each User can classify the photographs of other Users.
The Website will extract each image's metadata in order to index it and geolocate it.
Indexation will also enable the publishing of badges (in light of the equipment used, or the place or time at which the photo was taken, for example).
3. Description of paid services (shop.wipplay.com)
shop.wipplay.com is an e-commerce website where any User can buy printed photographs (alone or framed).
3.1 The sale of photographs by Members
The service is available only to Members who are not professional photographers.
Members have the opportunity to sell their photographs or acquire photographs of another Member through the Site. The sale of photographs is a paid service.
When a selling Member uses this paid service, he or she will have the opportunity to find out what the commission and costs will be before agreeing to use the service and approve payment. Unless otherwise stated, all prices quoted are in euros. It is the responsibility of the selling Member and the buying Member to pay all the applicable taxes and charges resulting from the use of our services within the statutory period and through a valid payment method.
The selling Member shall be free to determine the sale price of the photographs, which must be between 10 and 150 euros (knowing that there is no VAT here).
The Company is not involved in the actual transaction between Members. The sale will be entered into directly between the seller Member and the buyer Member. The Company acts as a mere intermediary, putting Members in touch with each other. The Company shall print or shall have the photographs printed. The seller Member authorizes the Company to print the photograph sold or have it printed, under the conditions agreed between the seller Member and the buyer Member.
The prints are produced by Central Dupon (www.centraldupon.com), which was selected by the Company as its partner laboratory because of its professionalism and the quality of its printing and framing services. Central Dupon guarantees the quality of its prints and of its print media, and is responsible for shipping and order tracking. Notwithstanding, any complaint regarding quality or delivery should be sent to the laboratory at the following e-mail address: email@example.com.
The buyer Member will pay for the photographs as well as for the production costs (and the delivery costs if this mode is chosen).
The buyer Member will pay for the purchase using the Site's secure payment platform. The Company will transfer this payment to the seller Member after deducting the costs of printing, delivery and commission. The seller Member authorizes the Company to receive payment in his or her name and on his or her behalf, and to transfer the sale price of the photographs to him or her.
The Company will send the buyer Member an order summary showing in particular the price of the photograph and the shipping costs.
The buyer Member may specify the address of a third party as the delivery address. The buyer Member guarantees that he or she has obtained the consent of the aforementioned third party with regard to providing the contact information.
The Company will issue a summary of its costs and its commission to the seller Member.
The Member will choose a delivery method and enter the shipping information when ordering. The photographic prints will be delivered to the shipping address provided by the Member on his or her order or will be available for free at the laboratory's check point (74 Rue Joseph de Maistre, 75018 Paris, France). In order to ensure that the seller Members and the Company comply with Article 28 of the French Law of 3 January 2008, the delivery times will not exceed 20 days starting from the payment of the order.
The Company is not involved in the actual transaction between Members. In this respect, agreements relating to sale / purchase transactions are entered into directly between the seller Member and the buyer Member.
In the event of a dispute between its Members, the Company cannot be held liable for any claims or damage (present or future) of any type or nature, known or unknown, arising from the sale of photographs.
In the event of a dispute with a Member over the Company's provision of service(s), the Company's liability shall not exceed the amount charged by it for the service(s) at issue.
In the event of damage, loss or incomplete delivery, the recipient of the delivery shall issue a reservation at the time of delivery and notify the carrier citing the reasons. The Buyer must not sign the delivery slip and has to give the package back to the carrier writing 'refusé, colis endommagé et cadre cassé' on the delivery slip. It is also important to mention it on the carriage. With 24 hours, the buying Member also the inform Wipplay.com by mail à firstname.lastname@example.org (with all the necessary files atached).
Failing this, the photograph(s) will be deemed accepted by the buyer Member. The seller Member, Central Dupon and the Company will thus be released from any liability in respect of the buyer Member and the recipient.
3.4 Author's rights
The rights of ownership over the photographs are not transferred as a result of the sale of photographic prints. The authors retain all rights of ownership over the photographs whether they be protected by copyright, author's rights and/or any other intellectual property right.
By taking one of the paid services, each seller Member grants the Company and its subcontractors a licence to copy and reproduce photographs for the purposes of the implementation of the sale agreed between the seller Member and the buyer Member, and for the needs of promoting shop.wipplay.com as a whole.
The right of reproduction therefore includes the right to print the photographs that are the subject of the sale between the seller Member and the buyer Member, and / or the printing service provided by the Company, for the duration that each photograph is posted on the Site by the seller Member, to which will be added the time required for the Company to process the orders placed by any buyer Members prior to the photograph being removed from the Site.
3.3.5 Image rights
Members state that they have obtained the consent of any persons photographed. The Company may not be held liable for any breach of image rights.
4. Alert procedure and fraudulent use of the Website
The Member undertakes to inform the Company of any fraudulent use of the Website that comes to their knowledge, in particular any message or photograph whose content breaches the laws or regulations in force.
The Member acknowledges that the Company reserves the right, in the event of use of the Website that does not comply with the ToUS and/or the laws or regulations in force, to proceed without advance notice or notification to their deregistration from the Website and/or to block their access to the Website.
The Member undertakes in particular, on pain of immediate suspension without advance notice of their account:
- not to create or use on the Website, accounts other than the account initially created for and allocated to them, whether under their own identity or that of a third party;
- not to create a false identity of such a nature as to mislead the Company or any third parties;
- not to appropriate the identity of another person or legal entity.
5. The Intellectual Property of Members
Members have an account on www.wipplay.com through which they may place their photos, comments, username and avatar online (hereinafter referred to as "Member's Content", "Members' Content or "Content").
5.1 Members must be and remain the owner of the Content
Each Member declares that they are the holder of all the rights relating to the ownership, intellectual property rights, personality rights and most especially the rights to the name and image of the person(s) or property or object(s) represented in the photographs, that are attached to the photographs.
Each Member also declares that they have kept, on any medium of their choice, the original of all Content that they may place online.
Each Member undertakes to publish Content in compliance with the ToUS and the laws or regulations in force.
The Company will not acquire any ownership rights over any Member's Content. Once a Member has made their Content accessible to other Users (Members or merely Users, on an individual or grouped basis), they declare that they accept the fact that these parties have, on a free basis and exclusively for personal use, the right to view and share their Content on the Website, or from the Website, or on the website of a partner of the Company, on any computer or electronic communication medium, including mobile phones.
Any User who wishes to make other use of a Member's Content, most notably to use it for commercial purposes, undertakes to directly contact the said Member in order to obtain the obligatory authorizations.
Throughout the entire duration of its hosting on the Website, the Member may modify their Content.
A Member who has entered one of its photographs in a contest accepts that it may \u2013 if he/she wins the contest or is in any way awarded (number of views, winner of the contest, votes of appreciation given, etc.), \u2013 be displayed and/or published, edited or modified, in the strict respect of the contest promotion, in accordance with the conditions set out hereinafter, without any remuneration or rewarding other than the prize won as defined in the contest's Rules.
A Member whose photograph wins an award (hereinafter referred to as the "Photo") declares that he/she allows the Company and its partners to disseminate or publicize the Photo, on an exclusive basis and free of charge.
In this regard, the Member grants to the Company the following rights:
- the right to reproduce the Photo or have it reproduced without limitation as to the number of reproductions, in full or in part, by any means or processes, on any media and any materials, whether existing or future, known or as yet unknown, and in particular on any paper or derived medium, or plastic, digital, magnetic, electronic or computer medium, via downloading, or in videograms, CD-Roms, CD-Is, DVDs, discs, diskettes, or networks;
- the right to display the Photo or have it displayed by any broadcasting means or other means of communication, whether existing or future, known or as yet unknown, in particular via any online telecommunications network, such as the Internet, intranets, digital television networks, transmission by terrestrial broadcasting, by satellite, by cable, WAP, interactive telematic systems, downloading, data transmission, or wired or wireless telephone networks.
The Member will remain the holder of any moral right he/she may hold in respect of the Photo.
This assignment of rights is granted on a non exclusively basis, within the European Union, for a duration of 2 years.
Wipplay aims at giving value and credit for the works of photographers, allowing them to see their works edited, published and/or performed (for non-commercial ends). The authorization for the reproduction of the picture is in no way exclusive and simply allows the company to legally disseminate it. It is quite clear that in no case shall the company receive compensation when the picture is published.
Unless exceptional cases, we have 4 months to send you the rewards, starting on the jury's meeting.
6. Wipplay.com's Intellectual Property
The Website is the exclusive property of the Company. We grant Users and Members a free, personal, non-exclusive and non-transferable right to access and use the Website subject to acceptance of the ToUS. Any other right is expressly excluded except in the event of our prior written consent thereto.
The content (other than Members' Content) that is included or accessible on and/or via the Website, in particular all text, graphics, logos, names, trademarks, designations, tabs, uses, images, audio content, data, photographs, graphics, as likewise all other material or software (hereinafter referred to as "Wipplay.com Content") is the exclusive property of the Company or its licensees, is protected by intellectual property law and is subject to the laws and regulations applicable in this field. Any unauthorized reproduction would constitute an infringement sanctioned by Articles L. 335-2 et seq. of the French Intellectual Property Code.
Wipplay.com Content must not under any circumstances be downloaded, copied, altered, modified, deleted, distributed, transmitted, broadcast, sold, leased, assigned or used (wholly or partially) in any way whatsoever, without the express prior written consent of the Company or its licensees. The User undertakes not to use or exploit Wipplay.com Content for any purposes other than those provided for in these ToUS. Moreover, the User is not authorized to modify, improve, publish, translate, decompile, disassemble or create one or more derived works based wholly or partially on Wipplay.com Content, unless this possibility has been expressly granted by Wipplay.com or by the owners of this content, in the context of a separate agreement.
7. Limitation of liability
By making the Website available to Users and Members, the Company is acting in the capacity of a hosting provider within the meaning of Article 6-I-2 of Act No. 2004-575 of 21 June 2004 relating to confidence in the digital economy. The Company is consequently not legally bound by a general obligation to monitor the Content transmitted or stored on or via the Website. The only obligations that are inherent to the capacity of hosting provider and incumbent on the Company concern the withdrawal of any manifestly illicit content, once the Company has effectively become aware of this.
Moreover, the Company cannot be held liable for any malfunction in the links present on the website or for the content of other sites to which the links present on the Website and/or inserted by Members in their personal area give access.
8. The responsibility incumbent on Users and Members
Members undertake to supply Content to the Website (photographs, comments, username) or via the Website (messages sent to another Member) that is compliant with the ToUS and the legislation and regulations in force.
If this is not the case, the Member's Content will be withdrawn and/or their account deactivated without prior notification (see 4. Alert procedure and fraudulent use of the Website).
Moreover, Members render themselves personally liable to specific criminal sanctions (prison sentences and fines) if they supply prohibited Content, in addition to possibly being sentenced to pay damages. Taking into account the Website's community nature, and with a view to respecting the sensitivities of all its Users and Members, Members are responsible for maintaining a certain level of ethics with regard to the photographs and/or comments that they put online.
Accordingly, Members undertake to comply with all the laws and regulations in force concerning prohibition from disseminating or presenting content of a pornographic, paedophilic, violent, hate-filled or obscene nature, or content of such a kind as to seriously infringe human dignity.
Members declare that they are the legal owner of all the photos, videos, texts and images used in the context of the Website's services and that they are not restricted by any rights. The Member cannot put online content that infringes the property rights of others, such as texts, images, commercial secrets or internal or confidential information, this list not being exhaustive.
Le Membre s'engage à ne pas publier de Contenus portant atteinte ou contraire à l'ordre public, aux bonnes m\u0153urs ou pouvant heurter la sensibilité des plus jeunes.
In accordance with Article 6-I-7, paragraph 4, of statute No. 2004-575 of 21 June 2004, Wipplay.com is legally bound to inform the competent authorities in the event of the presence of illicit contributions.
The following content in particular is declared to be illicit:
- Content of a pornographic nature, including in particular child pornography and images depicting nudity.
- Incitement to discriminate, hate or use violence against any person or group of persons on account of their origins, or the fact that they are or are not from a particular ethnic group, or belong or do not belong to a particular nation, race or religion.
- Attempted or actual murders, physical attacks on individuals, sexual assaults, content that condones crimes, war crimes, crimes against humanity, or crimes or offences relating to collaboration with the enemy. Encouraging the commission of crimes and/or offences or incitement to commit suicide, the consumption or sale of illicit substances or substances that are the subject of legislative prohibition.
- Content that is susceptible by its nature of infringing on respect for privacy, or respect for human beings and their dignity, or equality between women and men, or the protection of children and adolescents.
Wipplay.com may withdraw any illicit content and any content that infringes the rights of third parties, suspend access to the Website's services and, where applicable, forward such content to the authorities responsible for ensuring compliance with the law. Wipplay.com also reserves the right to terminate the Member's access to the Website's services.
Use of this Website also prohibits the appropriation of another person's identity with the aim of deceiving or misleading certain persons.
Members guarantee and undertake to indemnify the Company against any harm or loss suffered by the latter or any acts or fact attributed to it in relation to Content, and guarantee it on an unlimited basis against any action for damages whatsoever that might be initiated against the Company by a Member, a User or any third parties on account of the dissemination or presentation of Content.
9. Availability of the Website
The Website is in principle accessible 24 hours a day, 7 days a week, except in the case of interruption, scheduled or otherwise, for maintenance purposes, or due to force majeure. Being subject to a "best efforts" obligation, we cannot be held liable for any harm or loss, regardless of its nature, resulting from unavailability of the Website.
10. Proof, Conservation and Archiving
In accordance with the legislation on this subject, the archiving of registration forms is carried out on a medium of such a nature as to ensure that the data is retained unaltered on a long-standing basis. It is agreed that in the case of any divergence between the Company's computerized records and the documents in paper or electronic format in a Member's possession, the Company's computerized records will be considered as the authentic records.
11. The collection and processing of personal data
Users accept that the Company installs cookies on the hard drive of their computers in order to identify their connections and contribute uses that enable their requirements to be fully met.
The Company reserves the right to have recourse to the use of computer tools known as "monitoring" tools with a view to measuring the frequency of connections to the storage space and obtaining information on the photographic files stored by Members.
Personal data is processed and used by the Company within the limits of what is necessary for the satisfactory operation of the Website's services and is kept by the Company as proof of the agreement concerning the Member's use of the Website. The data collected in application of these ToUS cannot be transmitted to any third parties without the prior consent of the Member concerned.
The Company hereby informs Users that data communicated by them may be sent by the Company to judicial authorities at the latter's request.
11.2 The Rights of Users
Pursuant to the provisions of the French Data Protection Act of 6 January 1978, amended by the Act of 6 August 2004, Members have a right to access personal data concerning them, and request its modification, rectification or deletion.
Members may exercise these rights:
- either by sending a letter by post to Wipplay.com, 3 Rue Barbette, 75003 Paris
- or by sending an email to email@example.com or using the Contact form on the site.
Members may also, for legitimate reasons, object to the processing of data relating to them.
Parental authorization is necessary to collect the personal data of any User wishing to become a Member of the Website who has not yet reached the age of majority. The holder or holders of parental authority consequently agree to stand guarantor for compliance with all the provisions of these ToUS.
In accordance with the provisions of the French Data Protection Act, Act No. 78-17 of 6 January 1978 as amended by Act No. 2004-801 of 6 August 2004, the processing of information collected by the Company has been made the subject of a declaration to the CNIL (the French Data Protection Authority) (declaration No. 1361861).