GENERAL TERMS OF USE OF THE WEBSITE

www.singularlens.com




PLEASE READ CAREFULLY THESE TERMS AND CONDITIONS OF USE. THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR RIGHTS, YOUR OBLIGATIONS AND YOUR RECOURSES. THEY HAVE SEVERAL LIMITATIONS AND EXCEPTIONS.


THEY APPLY FULLY TO ANY ACCESS AND/OR USE OF THE WEBSITE www.singularlens.com AND CONSTITUTE THE CONTRACT BETWEEN THE WEBSITE AND THE USER.



In the event of non-acceptance of the terms of use stipulated in the present contract, the user or member must relinquish access to the services offered by the website.

ACTI'IMAGE reserves the right to modify unilaterally and at any time the content of these general conditions of use.



Glossary

the website : corresponds to the internet website www.singulralens.com

user : person who navigates on the site without having a member space

member : person who possesses a membership space

membership space : space created on inscription to participate in the contest

contest : actions organized on the website to promote photography around a theme

endowment : award received by a member when their work is chosen by the jury

jury : group of photography professionals who decide on the attribution of the prizes.





Article 1 –Legal Information



Identification of the various protagonists in the context of its implementation and follow-up:


The website www.singularlens.com is edited by:


the association ACTI'IMAGE, Loi 1901, whose head office is situated 19 cité Dutrey 33300 BORDEAUX, registered under the following number and represented by its president, Mr. Julien DUMEAU.


05 24 61 96 11

actimage@act-image.fr

www.act-image.fr



The publication director of the website is : Mr. David HELMAN.




The website is hosted by :OVH


IT IS RECALLED THAT FOR ANY QUESTION OR REQUEST FOR INFORMATION CONCERNING THE SITE, OR ANY REPORTING OF CONTENT OR ILLEGAL ACTIVITIES, THE USER MAY CONTACT THE PUBLISHER AT THE EMAIL ADDRESS ABOVE OR ADDRESS A RECOMMENDED MAIL WITH ACKNOWLEDGEMENT OF RECEIPT TO THE HEADQUARTERS OF THE ACTI'IMAGE ASSOCIATION




Article 2 – Presentation of the webite


The website www.singularlens.com has for object the sharing of photographs and the organization of free photographic contests.


The website permits participating in contests, voting and participating in forums...



Article 3 – Access and navigation


The editor implements the technical solutions available to allow access to the website 24/7. It can nevertheless at any moment suspend, limit or interrupt access to the website or to certain of its pages in order to make up-dates, modifications of its content or any other action judged necessary for the efficient operation of the website.

Subject to an obligation of means, the editor cannot be held responsible for any prejudice resulting from the unavailability of the website.


By accessing and using the website www.singularlens.com, the user shall be deemed to have given consent to all these terms, conditions and announcements, regardless of the technical means of access and terminals used.


The present TOU (terms of use) apply to any declination or extension of the website on existing or future social media or online community.



Article 4 – Management of the website


For the sound management of the website the editor can at any moment:


- suspend, interrupt or limit access to any or part of the website, limit access to the website or parts of it to a determined category of user;

- delete any information that might perturb the functioning or in contradiction with national or international laws;

- suspend the website in order to do updates.







Article 5 – Services reserved for registered users


Access to certain services requires registration of the user, including:


Sharing of photographs, participation in contests, voting for a photo, comments, contributing to forums.


5.1. Conditions and procedure of registration


Registration and access to the services of the website are exclusively available to private persons juridically capable and any legal entity having filled out and validated the registration form available on line on the website www.singularlens.com, as well as the present TOU.

If the user who wishes to register is a minor, hem oust have the authorization of his parents or of his legal guardian in order to intervene on the website.


On registering, the member agrees to provide accurate, up-to-date and accurate information about himself and his marital status.

In addition, the member must regularly check the data concerning him in order to preserve its accuracy. The member can access and modify his personal information at any time.



Any user who wishes to access the services reserved for the members must register and create a member account.

To create a member account it is necessary to:


- Fill out the form available on the platform and furnish at least:

Email address

Password

Family name

First name


-Furnish a photo (non-obligatory)

-Choose a password and login

-Check the box accepting the TOU

-Click on the "valider" button


The validation of the registration is automatic. The member receives an automatic email confirming the registration.


The member agrees not to choose a pseudonym with a discriminatory, political, religious, fascist, xenophobic, racist, sectarian connotation or containing insults, threats, or advertisements.


Any incomplete, inaccurate or whimsical registration will not be taken into account. The manager of the website reserves the right to carry out any verifications for the proper application of this article.


The manager of the website assumes no responsibility in the event of poor reception or non-reception of registrations by electronic means, for whatever reason



5.2. Confidentiality of user data provided



The user is solely responsible for the confidentiality of his password and undertakes not to communicate it to a third party.


5.3. Violation of registration rules by a member


In the event of violation of the registration rules, ACT'IMAGE reserves the right to refuse or invalidate the registration or to suspend or delete the account, without prejudice to any other measure.


Moreover, any use of a robot is forbidden. The automatic use of the site is especially illegal for purposes of building commercial databases and automated prospecting of email addresses.


5.4. Unsubscription


A regularly registered member can at any time request to unsubscribe by going to the dedicated page in his personal space.


Any unsubscription from the website will be effective immediately after the member has completed the form provided for this purpose.


Article 6 – Intellectual Property rights


The general structure of the website www.singularlens.com, as well as the texts, graphics, images, sounds and videos composing it, are the property of the publisher. Any representation and/or reproduction and/or partial or total exploitation of the contents and services proposed by the site by any process whatsoever, without the prior authorization and in writing of ACT'IMAGE is strictly forbidden and would be liable to constitute an infringement of Articles L 335-2 et seq. of the Code of Intellectual Property.


ACT'IMAGE grants to users and members a free, personal, non-exclusive and non-transferable right to access and use the site, subject to the acceptance of the TOU.


Any other rights are expressly excluded without our prior written consent.



The content (other than the content of the members) included or accessible on or through the site, including any text, graphics, logos, names, marks, designations, tabs, features, images, sounds, data, and any other hardware or software is the exclusive property of ACT'IMAGE, protected by intellectual property law, and is subject to the laws and regulations applicable in this matter.



Any unauthorized reproduction would constitute an infringement punishable by articles L. 335-2 of the Code of intellectual property.

The content of www.singularlens.com must not be downloaded, copied, altered, modified, deleted, distributed, transmitted, distributed, sold, rented, leased or exploited (in whole or in part) in any manner whatsoever, without the express written consent of ACT'IMAGE.

The user agrees not to use or exploit the content of the site for any purpose other than those referred to in these TOU.

Furthermore, the user is not authorized to modify, improve, edit, translate, decompile, disassemble or create one or more derivative works from the content of the www.singularlens.com website (in all or in part), unless this possibility has been expressly granted by www.singularlens.com or by the owners of this content(s), under a separate agreement.


Article 7 – Members' Copyright's



Each member declares to be the author of the photos deposited, and that they do not violate nor prejudice any right of a third party.
The member declares and warrants that the content of the photographs is entirely original and does not contain any borrowing from a preexisting intellectual work that might engage the responsibility of ACT'IMAGE.

The member also guarantees, where appropriate, that it has obtained the authorizations making this loan possible.
The member guarantees to have obtained from persons whose image, voice, name or other attribute of personality would be represented in the photographs, the express authorization to exploit these elements publicly under the conditions referred to herein.
In particular, the member guarantees ACT'IMAGE against any third party claim or action based on personality rights and in particular the right to the image of the persons possibly represented in the photographs.

The member declares and warrants that the photographs are free from any defamatory, abusive, unlawful or privacy-related material.

The member guarantees, more generally, the conformity of the photos to the laws and regulations in force.


The member guarantees ACT'IMAGE the peaceful exercise of the use of the photographs present against any disorder, claim, eviction and action for infringement, by himself or by any third party, and will entirely take the burden of any judicial and/or financial consequences that might result.


In addition, each member acknowledges and agrees that by submitting them to this site and services, he authorizes ACT'IMAGE and/or its partners to use his photos, without any form of remuneration, for a maximum period of 10 years in its communication supports (websites, social networks, publishing, public exhibitions, etc.), and in particular:


the right to reproduce and represent the work without limitation of number, in whole or in part, by any means and processes, on any present or future media, known or unknown, for non-commercial purposes


the right to represent or cause the work to be represented by any current, future, known or unknown means of communication


the right to reproduce and represent the works in the visitor's guidebook in the case of an exhibition as well as in any program, leaflet etc. distributed free of charge for the purpose of informing the public and promoting the exhibition.


For any use, the identity of the authors of the works will be inscribed under, on or next to the works.



Article 8 – Hypertext links and cookies



8.1. Hypertext links


The site www.singularlens.com may contain hypertext links to other sites on the Internet. Links to these other resources will cause you to leave the www.singularlens.com website.


It is possible to create a link to the homepage of this site without express authorization of the editor.


No authorization or request for prior information can be required by the editor in respect of a site that wishes to establish a link to the editor's site. Nonetheless, this site should be displayed in a new browser window. However, the editor reserves the right to ask for the deletion of a link which he deems not to conform to the object of the site www.singularlens.com.


8.2. Cookies

This site uses cookies which are small text files, stored on your browser when you visit our site. They are used to recognize your device when you connect to our site or to one of our services in order to:

  • establish statistics and measurements of traffic and use of the various headings and contents of our site and our services, enabling us to carry out studies to improve the content and to ensure quality monitoring.



  • memorize the display preferences of your terminal and take them into account during your visits to our site and our services according to the graphic charter and the visualization or reading software that your terminal contains,



  • memorize information about, for example, a completed form or a service or information that you have chosen,



  • Implement security measures, for example when you are asked to connect to a service again after a certain period of time,



  • allow you to access reserved and personal spaces of our site or our services, such as your personal account, on the basis of the personal data you have previously entrusted to us,



  • offer you your favorite location when you access our site, this location is deducted from the searches that you made on our site, and freely modifiable by you.



Accepting to install a cookie causes it to be saved in the user's terminal.



Refusing to install a cookie may result in the inability to access certain services.



However, the user can configure his computer settings to refuse the installation of cookies.



Article 9 – Personal data



9.1. Management of personal data

In France, personal data are protected by French Law No. 78-87 of 6 January 1978, French Law No. 2004-801 of 6 August 2004, article L. 226-13 of the Criminal Code and the European Directive of 24 October 1995.

The information we collect is derived from voluntary registration and the information you provide to us is not and will never be disseminated to third parties.



Committed to the respect of the privacy of its users, ACT'IMAGE adheres to the collection and processing of personal information within this site, being carried out in accordance with French Law n° 78-17 Of 6 January 1978 relating to data processing, files and freedoms, known as the "Informatique et Libertés" law. In this respect, the site www.singularlens.com has been requested a declaration to the CNIL.


In accordance with the provisions of article 38 et seq. of the French law 78-17 of 6 January 1978 relative to data processing, files and freedoms, every user has the right to access, rectify and oppose personal data by sending a signed request in writing, accompanied by a copy of the identity card of the user with his signature specifying the address to which the reply should be sent.



You can exercise this right by directly contacting ACT'IMAGE.


ACT'IMAGE is committed to ensuring the highest level of protection of your personal data in accordance with the French Data Protection Act of 6 January 1978.


Our privacy policy allows you to find out more about the collecting and processing of your personal data by ACT'IMAGE and your rights.


To know more about your rights you can also consult the site of the National Commission of Informatics and Liberties www.cnil.fr.



9.2. Processing of your personal data



By visiting and/or using the site www.singularlens.com you agree to the collection and use of your personal data within the limits and the framework defined hereafter.



What data?


Consultation of the site is free. However, account creation is required to access certain services described above. In this case you are invited to leave personal data, either nominative or directly identifying (name, first name, telephone number, postal address, e-mail address ...). The mandatory or optional nature of the data is reported to you when collected by an asterisk.



We do not collect sensitive information about your racial or ethnic origins, political, philosophical or religious opinions, trade union membership or health.



In addition, during the consultation of our website and the use of our services, we collect and process data relating to your navigation (including cookies, your IP address, the addresses of the pages you have consulted and searches you have done)

And to your terminal (type of browser used, model and version of your operating system, resolution of your screen, presence of some plug-ins, ...). We will also make an approximate geolocation of your home city from your IP address.



When?



We collect your data when:

  • you create and use your personal account,

  • you navigate on our site and consul tour products and services,

  • you participate in a game or contest,

  • you contact our users service



Why?



We use your personal date to

allow you to :

  • use our services,

  • learn about the services about which you have expressed an interest and which are proposed to you on our site,

  • have the possibility to participate in games or contests, animations, interact on forums, etc.






allow us to:

  • know:

    • the profiles of our users,

    • the results of contests

This information will not be used for commercial purposes for the accounts of third parties, and/or transferred to third parties. The data collected on our site are exclusively for the operation and evolution of the site www.singularlens.com.



Article 10 – Guarantees and limitations of liability


The use of the site, its services and any element or information obtained via it is the responsibility of the user.


The user acknowledges and accepts that the site offers content that is accessible depending on the quality of the internet network. The association ACT'IMAGE does not give any express or implicit guarantee concerning the quality and the compatibility of the site to the specific uses that the user makes of it and the association ACT'IMAGE will make its best efforts to keep the site and its services in an operational state.


ACT'IMAGE shall endeavor to the extent that it determines to maintain access to the site and the services 7 days a week and 24 hours a day, but is under no obligation to do so.


ACT'IMAGE can therefore interrupt access, in particular for reasons of maintenance and upgrade. Access may also be interrupted for any other reasons, including technical reasons, without any obligation of prior information from ACT'IMAGE. ACT'IMAGE is in no way responsible for these interruptions and the consequences that may result for the users or any third parties.


ACT'IMAGE informs you that it does not make any commitment concerning the performance and modifications of the services that may occur due to the quality of the Internet network and/or technical configurations.


Services that allow users to bring content are not part of the editor's editorial activity, which only makes the services available to users and stores the content on its own website. Thus the published contents cannot be considered as reflecting the opinions of the publisher of the site but engage their sole author(s).


ACT'IMAGE cannot be held liable for the contents and/or contributions submitted by the users if it has not actually known the content before its publication online or if, as soon as it has become aware of it, it acted promptly to withdraw that message.


Whatever means of control it may have implemented, it is understood that, in view of the volume of information published, ACT'IMAGE is not subject to a general obligation to monitor the information it stores, nor a general obligation to search for facts or circumstances revealing illicit activities, or a warranty obligation regarding the accuracy, probity or honesty of the information published by the users.


ACT'IMAGE reserves the right to insert or authorize any third party to insert advertising, promotional and/or sponsorship messages in any space of the site and the services, however without any intervention on the contents. These spaces are independent of the contents themselves and cannot under any circumstances call into question the liability regime of ACT'IMAGE.


ACT'IMAGE cannot be held liable for any direct or indirect damage, including loss of profits, customers, data or any other loss of intangible property, loss of profit or any other loss or damage that may occur from the use or to the contrary of the impossibility to access the site, even if ACT'IMAGE has been informed of the potentiality of such damages. In the event that ACT'IMAGE's liability is incurred as a result of a breach of any of its obligations under these Terms of Use, the compensation will only apply to direct and certain personal damages, with the express exclusion of compensation for any indirect and intangible damages and/or losses, such as financial damages, commercial damages, operating and turnover losses, loss of data.




Article 11 – Attribution of jurisdiction


These general terms and conditions of access and use are governed by French law and the French language.

The user agrees that any dispute shall be settled before the French courts.


In the event of disputes or claims from the user or a third party pertaining to the use of the site, only the French version of these terms of use will be binding between the parties, whatever the date of the disputed facts.



In the absence of an amicable solution, any dispute that may arise between the parties in connection with training, performance or interpretation shall be submitted to the competent jurisdiction of BORDEAUX.