ARTICLE 1. LEGAL NOTICE
1.1 Application publisher
You have downloaded the Flipshot application from Google Play (Android) or the App Store (IOS). This application is published by MrFox, an independent French company. Headquarters: 19, rue Bisson 75020 Paris, France. Telephone: 06 30 80 58 75. Email: email@example.com
1.2 Hosting content created with the application Content created by Users using the Flipshot application is hosted by Alwaysdata. Headquarters: 62 RUE TIQUETONNE 75002 PARIS
1.3 Purpose of the application : Flipshot is an application created to bring pictures to life.
ARTICLE 2. DEFINITIONS
“Application”: Software developed by MrFox to create, view, and share interactive pictures. “Content” or “Data”: Digital information or data of any kind, such as a video, text, image, or file, used and created by a User with the Flipshot Application. “Partner”: Companies that organize promotional and/or cultural events with Flipshot’s assistance. Such companies publish websites that are independent of the Flipshot Application but on which Flipshot may publish and upload Content created by its Users and that it has previously selected. “Flipshot”: Refers to both MrFox and the Flipshot Application. “User”: Any person or any private or public legal entity that has downloaded and used the Flipshot Application.
ARTICLE 3. AGREEMENT
By creating a personal account using the simplified registration process through a Twitter, Facebook, or Google account or by using a pseudonym, password, and email address, the User agrees to these General Terms and Conditions of Use. When creating a Flipshot account, the User must confirm their agreement by checking the box corresponding to the following sentence: “I hereby acknowledge that I have read and accept the General Terms and Conditions of Use.” To agree to these General Terms and Conditions of Use, the User must have (a) legal capacity; (b) authorization from their legal guardian if they do not have capacity; (c) authorization from their legal representative if they are a minor; or (d) authorization to act on behalf of the legal entity for which they are creating an account.
ARTICLE 4. HOW FLIPSHOT WORKS
4.1 Flipshot’s Obligations Flipshot shall ensure that the User can connect to the Application at any time other than during maintenance. The User is hereby informed that not all of the Application’s features will work without an Internet connection. The User accesses the service by means of the login and password she or he chose when subscribing to the Application or through his or her Google, Twitter or Facebook account. The password guarantees that the Data in each User’s Account remains confidential. The User must therefore not share his or her login or password with anyone. If the User does share his or her login or password, she or he assumes the risk of their being used fraudulently or illicitly. Flipshot will be relieved of liability ipso jure if it becomes physically or economically impossible for it to satisfy any or all of its obligations due to the occurrence of an event constituting force majeure, as this term is usually construed by the French courts. In addition, the following events are expressly recognized to constitute force majeure within the meaning of this Agreement, provided the situation created by any of these events is reasonably insurmountable without the defaulting Party employing solutions that are excessively costly relative to this Agreement’s initial expectations: strikes (total or partial, internal or external to the company), lock-outs, bad weather, epidemics, blockage of means of transportation or supply (regardless of the reason), earthquakes, fires, storms, floods, water damage, governmental or legal restrictions, legal or regulatory changes in marketing formats, computer breakdowns, blockage of telecommunication channels, and generally any other event beyond the reasonable control of the Parties that creates an obstacle to the usual and satisfactory performance of this Agreement.
4.2 Storing data Flipshot shall at its cost provide storage services to the User for Content the User has created and chosen to upload to his or her Account. Storing Data includes allocating storage space (4000 Mo per month) and oversight of the Microsoft Azur server. The User shall use his or her storage space in a reasonable manner and shall not create more than 33 contents per day, or 1000 contents per month. If the User exceeds these limits, Flipshot may decide to restrict the User’s Account and keep him or her from creating more than 1000 contents per month during a period lasting 30 to 300 days.
4.3 End-user license Flipshot grants the User an end-user license for the Flipshot Application that includes all de jure and de facto guarantees. The license is granted for the entire world and every language. The license covers only the right to use the Application. The rights to use the Application are free, personal, nonexclusive, and nontransferable.
4.4 Application maintenance and technical support Flipshot shall correct fatal errors as soon as possible after it receives notice of them at the following email address: firstname.lastname@example.org
ARTICLE 5. THE USER’S OBLIGATIONS
5.1 Non-infringement of third-party rights The User shall publish online from his or her Account only Data of which she or he is the owner or rights holder, and/or for which she or he has obtained the necessary authorizations with regard to copyright, intellectual property rights, and industrial property rights. In addition, the User shall obtain authorization to use the name and/or image and/or voice of any person who may be identified in Content he or she intends to upload to his or her Account. The User generally has any and all authorizations with regard to the data displayed in his or her Account and broadcast to third parties. The User shall therefore defend and hold Flipshot harmless against any claims and, in particular, any lawsuit for counterfeiting, unfair or parasitic competition, infringement of image rights, or infringement of privacy instituted against it by a third party.
5.2 Compliance with laws on public order and decency The User shall not upload illegal items, namely but not exhaustively, Content that is racist, obscene, threatening, insulting, abusive, pornographic, pedophilic, harassing, discriminatory, hateful, or defamatory, denies the Holocaust or, more broadly, may violate laws on public order or third-party rights.
5.3 Non-interference with operations The User shall not obstruct or disrupt Flipshot’s servers and shall comply with the general rules transmitted to him or her.
ARTICLE 6: FLIPSHOT’S OBLIGATIONS AND LIABILITY AS CONTENT HOST
The User is hereby informed that Flipshot has the status of host of the content she or he publishes in accordance with French Law on Confidence in the Digital Economy of June 21, 2004, Article 6-I-2. Consequently, pursuant to paragraph 3 of that article, Titlr may not be held liable criminally or in tort for information the User publishes unless, from the moment it became aware of the User’s illicit activity or information, it did not take prompt action to remove such information or to make it inaccessible. The User is hereby informed that Flipshot does not moderate the Content it hosts before such Content is posted. In accordance with French Law on Confidence in the Digital Economy Article 6-I-5, prior notice of the illicit Contents must therefore be sent to Flipshot at the following email address: email@example.com. Notice that is incomplete or does not satisfy the requirements set out in Article 6-1-5 of the French Law on Confidence in the Digital Economy of June 21, 2004 may not be considered valid. Abusive notice may incur the liability of the person providing it and is punishable by one year in prison and a fine of 15,000 euros, pursuant to Article 6-I-4 of the above-mentioned law. In accordance with Article 5 hereof, Flipshot requires the User to comply with rules of polite conduct and in particular reserves the right to conduct random, post hoc viewings of Content broadcast from the User’s Account. The User is therefore solely liable for publishing Content from his/her Account on line. The User may not hold Flipshot liable under any circumstances for any reason. The User chooses the Content he or she broadcasts through the Application and shall therefore defend and hold Flipshot harmless if such Content does not comply with the regulations in force or violates the rights of a third party.
ARTICLE 7. TERMINATION
7.1 Termination to the User’s prejudice Flipshot reserves the right to suspend or permanently delete the User’s Account if the User does not comply with his/her obligations under Article 5 hereof. In such case, Flipshot may terminate this agreement ipso jure, unilaterally, and without judicial intervention. Without prejudice to any damages Flipshot may claim, such termination shall take effect upon notice of termination to the User’s prejudice sent to the User by email.
7.2 Deletion by the User of his or her Account The User may delete his or her account by clicking on the button in the configuration tab accessible from the profile screen.
ARTICLE 8. DELETION OF THE ACCOUNT AND RECOVERY OF THE USER’S DATA
If the User’s account is deleted by the User or to the User’s prejudice, the User shall have 90 calendar days to freely recover all of the Content stored in his or her Account. At the end of this period, the User is informed that Flipshot may delete the User’s Account and all its Content.
ARTICLE 9. TECHNICAL REQUIREMENTS
Flipshot has been tested on smartphones and works with the Android 4.4 and Apple IOS 7.1.2 operating systems. The User is hereby informed that malfunctions may occur with smartphones that do not use the above-mentioned operating systems or with smartphones that have a particularly slow Internet connection.
ARTICLE 10. FLIPSHOT NEWSLETTER
By checking the box provided for this purpose or by their express consent, Users agree to let Flipshot send them, at a frequency and in a format to be determined by Flipshot, a newsletter that may contain information about its business. When the User checks the box provided for this purpose, he or she agrees to receive emails from Flipshot. Users who have subscribed to the newsletter may unsubscribe by clicking on the link provided for this purpose in each newsletter.
ARTICLE 11. PERSONAL DATA
11.1 CNIL [French data protection agency] statement – Data processing manager Flipshot has filed a statement with the CNIL regarding the file that includes the personal data of its Users. This statement recorded under the number 1812656. The Processing manager is Douglas Cabel, domiciled in this capacity at the headquarters of MrFox mentioned in Article 1 hereof.
11.2 Right to access, correct, and object to Personal User data necessary for the Application to work are stored throughout the contractual relationship. Other data are deleted roughly one year after the final contact or interaction between the User and Flipshot. The necessary personal data are stored in secure conditions using state-of-the-technique methods and in accordance with the provisions of the French law on data processing and civil liberties of January 6, 1978 (Loi informatique et Libertés). In accordance with that law, Internet users have a right to object to, question, access, and correct the data they have supplied. To do so, they need only send a request to Flipshot, by email at firstname.lastname@example.org or by letter to the MrFox headquarters mentioned in Article 1 of these General Terms and Conditions of Use.
ARTICLE 12. COOKIES AND IP ADDRESSES
12.1 Purpose of installing cookies To ensure that Internet users experience optimum navigation on the Application and the best possible operation of the various interfaces, Flipshot may install a cookie on Users’ smartphones. The User is hereby informed that cookies make it possible to store their Application browsing history (date, page, times) and any data they enter during visits (searches, login, email address, password). Cookies are intended to be stored on the smartphone for a variable period of time up to 13 months and may be read and used by Flipshot when the User visits the Application later.
12.2 IP Addresses The IP address is a series of numbers separated by decimal points that make it possible to identify a particular smartphone on the Internet. Flipshot reserves the right to collect the public IP address of every Internet user. IP addresses shall be collected anonymously and stored for the period required by law. Flipshot must disclose all personal data concerning an Internet user to the police upon demand from a judge or to any person pursuant to a judicial decision. The IP address may be associated with the Internet user’s identity if an Internet service provider supplies such information.
ARTICLE 13. INTELLECTUAL PROPERTY
13.1 End-user license The Content (text, images, schematics, etc.), architecture, and software used for the Application’s operation are protected by copyright and database rights. Any full or partial representation or reproduction made without the consent of Flipshot or its heirs or successors constitutes a violation of Books I and III of the French Intellectual Property Code and may give rise to legal proceedings. The same is true for any translation, adaptation or transformation, arrangement, or reproduction, regardless of the art or process used.
13.2 Global use license granted to Flipshot The User shall keep all rights over the Content he or she alone chooses to publish from the Flipshot Application. The User grants Flipshot a global, nonexclusive, free license for use that includes the right to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute the User’s Content on any media by any means of distribution currently known or to be invented. In the scope of this license, Flipshot may choose to spotlight Content that was created and uploaded by the User in the context of cultural, promotional, or commercial operations occasionally organized in collaboration with its Partners. In such case, the User shall authorize Flipshot to publish his/her Content on the Internet sites of Flipshot’s Partners and using their applications. If the User uses the event’s hashtag in connection with the Content she or he created, she or he shall be deemed to have agreed to let Flipshot use this Content on its Partners’ platforms. Flipshot shall then, as an exception, become the publisher of the above mentioned Content. The User shall also authorize Flipshot to spotlight Content she or he created through the flipshot.co home page. Flipshot may not be held liable for loss or harm resulting from use of the User’s Content that complies with these General Terms and Conditions of Use. The User represents and warrants that she or he has the rights, powers, and authorizations necessary to grant a license conferring rights over the Content she or he created and published using the Flipshot Application.
ARTICLE 14. EVIDENCE
The User and Flipshot hereby agree that Flipshot’s data-recording systems shall be deemed valid proof of the date Flipshot was used and for how long. Flipshot shall store and archive all of the data concerning use of the User’s Account. Flipshot may therefore use as evidence any document, file, or recording on any media that it received or stored. Such data shall create a presumption in Flipshot’s favor that may be rebutted only by proof that Flipshot’s means of recording and storing data were defective.
ARTICLE 15. GENERAL PROVISIONS
Flipshot may modify these General Terms and Conditions of Use at any time. The general terms and conditions applicable to the User are those that are in effect on the day they connect to the Application, and each new connection to the User’s Account constitutes agreement to any new general terms and conditions. Flipshot shall save all of its old General Terms and Conditions of Use and send them to any User who requests them.
ARTICLE 16. APPLICABLE LAW
These General Terms and Conditions of Use are governed by French law.