Validated on February 8th 2017.
Version : 4.
Refers to the Clients and Agencies who subscribe to the service and hold Accounts.
Refers to any natural person who represents the Subscriber, owns the account affiliated with his or her e-mail address and is authorized by the Subscriber to serve as the Subscriber’s Account Administrator and use the site for and as the Subscriber, to access the Service, consult, modify and transfer Client Content, to communicate payment information to service providers, directly or via a third party, and to consult directly or via the third party the invoices published by the Service Provider. The Client’s Administrator is the only person with the power to authorize third parties to consult, modify and transfer his/her Content.
Refers to these General Terms & Conditions of Use and Sale.
Refers to Subscribers benefiting from the “Retail” offering, designed for brands; “Young designer” Clients are Clients whose companies fulfil the following requirements: less than five years old and annual revenue under €2 million.
Refers to sketches, photos and videos placed on the Site by the Client, as well as to contextual data (image rights; information, identifying or otherwise, in particular regarding preparations for the shoot and its staff; data on production and postproduction workflow; metadata on images; etc.).
Refers to the Subscriber’s private pages at acount.grand-shooting.com. The Account is managed by one or more Administrators.
Refers to the personal information provided by the Subscriber’s representative(s) in the different sections of the online subscription form for the Service.
Refers to the GRAND SHOOTING brand, registered on February 13, 2015 under the number 4156988.
Refers individually or collectively to the Service Provider and the Client or Agency.
Service Provider :
Refers to GRAFMAKER, the publisher of www.grand-shooting.com.
Refers to the Grand Shooting Service, which includes all of the websites accessible through the Site, and in particular app.grand-shooting.com, account.grand-shooting.com, support.grand-shooting.com, applications for smartphones and tablets, and scanners provided by the Service Provider under the Brand name mentioned above, which help to streamline the organization of Clients’ photo shoots in the broadest sense, i.e. before, during and after photo production.
Refers to the main website, www.grand-shooting.com, which explains the offerings, and through which the User can access the specific sites reserved for Service Subscribers.
Refers to Subscribers’ representatives or those authorized by the Client to access the Client’s private pages via a link shared by the Client.
These General Terms & Conditions of Use and Sale define the conditions for User access to the Site, subscription requirements, the terms governing the Service Provider’s provision of the Service on the Site, and the commercial relationship between the Service Provider and Subscribers.
Connecting to the Site and/or subscribing to the Service implies the User/Subscriber accepts the most recent version of the GTCUS without reservation.
CHANGES AND UPDATES
The Service Provider reserves the right to change and update the GTCUS at any time and as it sees fit, particularly following technical advances and alterations to the law. These updates will be made available on the Site and through the Grand Shooting applications. Every time the Subscriber uses the Service, he/she will be asked to accept the current GTCUS. The Service Provider can also change or invoice license fees for the Service at any time and as it sees fit, as long as it has previously informed the Subscriber. Should the Subscriber refuse any change to the GTCUS, he/she may cancel his/her subscription to the Service.
The Subscriber cannot contravene these GTCUS without the written authorization of the Service Provider, signed by both Parties.
ACCESSING THE SITE AND SERVICE
Any web user may access the Site for free. Users may subscribe to the Service by creating a Client Account via the subscription form available on the Site. However, the Service Provider must authorize the creation of an Agency account.
Only Subscribers may use the Service.
The Site can be accessed via an Internet browser. Internet Explorer version 8 and earlier, and Firefox version 32 and earlier are too old to meet the requirements for using the technology developed by the Service Provider. The Service Provider recommends using Internet Explorer version 10 or later, Chrome 40, Firefox 35, or Safari 8 or later.
The Service can also be accessed via mobile applications with different capabilities.
To access the Service, Users must create an account linked to an e-mail address by submitting the subscription form on the Site. Upon formally submitting this subscription form and accepting the GTCUS by checking the corresponding box, the Subscriber’s representative subscribes to the Service and attests that the information provided concerning him/her, including the e-mail address, is accurate. He/she also attests that the Subscriber has authorized him/her to subscribe in his/her name and to commit to the ensuing obligations.
Upon subscription to the Service, the account holder is automatically named Administrator. To use the Service, all of the Subscriber’s representatives who intend to use the Service must create Administrator accounts, except in the case of “young designer” Clients, who may have a maximum of two Administrator accounts.
Upon submission of a subscription form on the Site, the Service Provider sends an e-mail containing a confirmation link; until confirmed, the account is temporary. Once confirmed, the Service Provider encrypts the password and sends an e-mail to confirm the creation of the Administrator account.
INFORMATION ON COOKIES
The Service Provider informs the User that when he/she visits the site, one or more cookies may be automatically installed in his/her web browser.
A cookie is a data block used to identify Users and ensure confidentiality (session cookie), and to save information on the User’s use of the Site.
Users can configure their browsers to notify them of the presence of cookies and/or to refuse them. The Service Provider informs Users, however, that refusing cookies will prevent them from accessing the Site and using the Service.
RIGHTS ACQUIRED BY THE CLIENT UPON OPENING AN ACCOUNT
Once an account has been approved by the Service Provider, it entitles each Administrator to a limited, personal, non-exclusive, non-transferable license to use the Service. The Subscriber must comply with the obligations agreed upon in his/her name by the Administrator.
In compliance with French Act No. 78-17 of January 6, 1978 on information technology, data and civil liberties, Users are entitled to query, access, amend or delete information concerning them. They may exercise these rights with the Service Provider or third parties authorized by the Client to receive the data for marketing purposes.
As the party responsible for data processing, the Service Provider processes personal information to facilitate access management and the proper functioning of the Service, Subscriber enrollment, and customer relations with Subscribers. The asterisks in the subscription form indicate required fields. The data collected is crucial to processing, and is used by the Service Provider’s relevant departments.
The Service Provider hereby informs Subscribers that its personal data processing practices have undergone all of the necessary formalities required by the French Commission on Data Protection and Civil Liberties (CNIL).
DURATION AND RENEWAL
The current agreement with the Service Provider is concluded for an indefinite period beginning:
- upon original submission of the subscription form on the Site by a Client’s Administrator, or
- upon the creation of an Agency Account by the Service Provider.
The contract shall be renewed automatically and under identical conditions, unless the Client or the Supplier notifies the other Party in writing of its intention to terminate the contract.
The Service Provider’s rights:
The Site’s general structure, as well as its software, texts, graphics, images (animated or still), photographs, know-how, databases, products and services, trade names, brands, logos, domain names and other non-physical assets are the property of the Service Provider or of the third parties that granted the necessary rights. Any total or partial representation, reproduction or exploitation of these parts of the Site and Brand—of any kind and by any method—is strictly prohibited without prior written authorization from the Service Provider, and is likely to be considered counterfeiting and to engage the liability of its author.
The Client’s rights:
The Content is the property of the Client. Any total or partial representation, reproduction or exploitation of the Content—of any kind and by any method—is strictly prohibited without prior written authorization from the Client, and is likely to be considered counterfeiting and to engage the liability of its author.
The Client attests that he/she/it holds the necessary intellectual property rights for all of the Content he/she/it places on the Site. The Client agrees not to hold the Service Provider accountable should a third party make a claim.
RIGHTS CONFERRED UPON THE SERVICE PROVIDER BY THE CLIENT
The Client confers the right to freely access, in terms of both time and space, and process his/her/its Content. The configuration of that Content is left to the entire discretion of the Service Provider, in particular the right to reproduce, modify and publish said Content, for the sole purpose of providing the Service. For example, the Service Provider is authorized to adjust the size and resolution of photos to optimize the space occupied by the Content for use of the Service from a smartphone.
The Client authorizes the Service Provider to transfer Content to its Administrators, who can then grant third parties the right to access the Client’s Content via the Grand Shooting applications, under the Client’s responsibility. The Client also authorizes the Service Provider to transfer its Content to any of the Service Provider’s partners involved in providing the Service, and in particular to the Site host.
Technical support is only available to Subscribers who are up to date with their payments.
The first level of help provided is available at support.grand-shooting.com, which can be accessed from anywhere in the world 24/7. It provides Subscribers with a list of problems they may encounter and the steps to take to resolve them. If no solution is found, Subscribers can reach the Service Provider’s technical support staff by telephone at +33 811 69 67 65 (toll-free number), from within France, or +33 1 82 83 40 30 from abroad, Monday through Friday, from 9 a.m. to 6 p.m. (Paris time). The Service Provider guarantees action within 30 minutes if the problem concerns photo production, and within two hours for any other problem, but cannot guarantee the problem will be resolved within that timeframe. As a last resort, a member of the Service Provider’s support staff may intervene directly on the Subscriber’s premises.
The Service Provider’s Liability:
The Service Provider cannot be held liable for consequences resulting from use of the Service by the Subscriber or a third party authorized by one of the Subscriber’s Administrators. It cannot be held liable for:
- the quality of the Service, since it is offered “as is”
- interruptions to use of the Site
- inability to use the Site
- cyber-attacks that may damage Users’ IT equipment and data
- general attacks on Users’ rights.
The Service Provider does its utmost to provide Users with verified information and tools 24/7, but cannot be held accountable for errors, interruptions in availability of Service functions, or the presence of viruses on the Site.
The Service Provider denies all liability, within the limits authorized by the law applicable to this agreement, and in particular in the following cases:
- unavailability of the Site for technical maintenance or updates of published information
- momentary inability to access the Site (and/or associated sites) because of technical problems, regardless of the cause or origin
- Internet network failure or outage during the payment phase, in which case a “transaction error” message will inform the User that he/she must make the payment again
- direct or indirect damage of any kind caused the User by Content, access or use of the Site (or associated sites)
- non-receipt, loss or deterioration of information sent out by e-mail
- unusual (in particular automated or robotized) use of the Site, or illicit use of the Site.
The Subscriber’s liability:
The Subscriber is liable for each Administrator authorized to represent him/her as well as for the third parties the Administrator(s) may authorize in turn to use the Service.
Each Administrator must commit to verifying the identity of third parties before authorizing them to access the Service, and to ensuring the means of payment communicated to the Service Provider for use of the Service is valid. The Client will not hold the Service Provider responsible for anything resulting from the authorization granted to third parties by the Client’s Administrators.
Use of the Service falls entirely under the Subscriber’s sole responsibility and at his/her own risk. The Subscriber may not use the Site or Service to illicit ends, and must comply with all international laws and regulations in effect.
The Subscriber assumes sole responsibility for the consequences of using the Service and Site, in particular for damage caused to the Service Provider or third parties as a result of illicit or non-compliant use. In such cases, the Service Provider cannot be held liable, and no recourse may be taken against the Service Provider.
The Subscriber commits to protecting the Service Provider from any consequences resulting from third-party claims related to the use of part or all of the Service by the Subscriber, or from any violation of the present General Terms & Conditions of Use and Sale. The Subscriber releases the Service Provider from all responsibility for direct or indirect damage related in any way to the use of all or part of the service or to the violation of the present GTCUS. Should a third-party claim be made, the Service Provider commits to informing the Administrator(s) of the claim; however, failure to transmit this information does not change the Subscriber’s obligation to compensate the claimant.
Client Content and Subscriber Data are confidential and cannot be exploited by the Service Provider for anything other than providing the Service. The Service Provider cannot share said information with third parties, other than its partners in providing the Service.
However, the Client authorizes the Service Provider to share the following general information: Client’s name and logo, number of Users, number of months using the Service, number of products shot, number of photos uploaded to the Site.
The Service Provider will not exploit the photos stored on the Client’s private pages without the Client’s prior written consent.
STORAGE OF CONTENT AND DATA
Client Content and Subscriber Data are stored, copied and saved in state of the art ways on appropriate equipment held by hosts or datacenters located in France.
The Content is stored for 12 months.
The use of the Service by any User is subject to the payment of a monthly fee, the amount of which varies according to the use of the Service. Rates are available on the Site. These rates do not include applicable local taxes.
Irrespective of the Subscriber’s cancellation of his/her subscription to the Service, late payment will automatically cause, without prior notice, (i) all outstanding sums to be due immediately, (ii) late fees calculated according to the interest rate applied by the European Central Bank on its most recent refinancing operation plus 10 percentage points (the rate applicable on January 1 for late fees for the first half, the rate applicable on July 1 for the second half) as well as a flat rate of €40 to cover collection fees incurred by the Service provider to be due from the day following the payment deadline on the invoice (late fees will be calculated in proportion to the number of months and capitalized on an annual basis.), (iii) the cancellation of the subscription to the Service and revoking of access to the Service, without prior notice, even for partial late payments. This suspension of service will be the full responsibility of the Client, who will bear the consequences.
The Subscriber may cancel his/her subscription to the Service at any time by deleting the Administrator accounts created in his/her name.
Only an Account Administrator can request that it be cancelled. To do so, he/she must contact the Service Provider’s technical support team to cancel the subscription to the Service. The Service Provider will then send the Administrator a confirmation request by e-mail. The Administrator must reply to confirm the cancellation and immediately render it definitive.
Cancellation immediately revokes access to the Service for all of the Users linked to the Subscriber’s account, without incurring any fees.
However, the deletion of Client Content can be delayed given the storage and safeguarding mechanisms in place. If the Client so requests, the Service Provider will return all of the Client’s Content according to specifications agreed upon by the two Parties. Otherwise, the Service Provider will definitively delete all of the Content. The Service Provider will invoice additional fees for returning and deleting Content.
The Service Provider can cancel a Client’s subscription without prior warning by revoking the Administrators’ access for late payments, even partial, or should the Subscriber fail to comply with his/her legal and/or contractual obligations.
The entire invoice for the month during which the cancellation took place will still be due.
APPLICABLE LAW AND COMPETENT COURTS
This agreement is governed by French law.
In the event of a dispute or claim notified by direct e-mail or via the Site’s contact page, and should the Parties be unable to reach an amicable solution despite trying everything short of judicial action for two (2) months from the date of notification of said dispute or claim, exclusive jurisdiction will be granted to the courts of Paris, France, even if there are several defendants or third-party claims, and even for emergency or protective measures in summary procedures or petitions, whether the actions are contractual or not.
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