Site Usage Agreement

General

THE PURPOSE OF THIS DOCUMENT IS TO SET OUT THE SERVICES OFFERED BY EYEKA AS WELL AS THE TERMS AND CONDITIONS OF USE OF THE EYEKA.COM WEB SITE. IT ALSO SETS OUT YOUR OBLIGATIONS IN YOUR CAPACITY AS USER OF THESE SERVICES.

THIS DOCUMENT IS ENTERED INTO BETWEEN EYEKA AND YOU, THE USER OF EYEKA’S APPLICATIONS (HEREAFTER “YOU” OR THE “USER”), AND SETS OUT THE LEGAL TERMS AND CONDITIONS GOVERNING YOUR USE OF EYEKA’S APPLICATIONS.

THIS DOCUMENT IS LEGALLY BINDING. THEREFORE, YOU MUST READ IT CAREFULLY BEFORE ACCEPTING THE TERMS AND CONDITIONS SET OUT HEREIN BY TICKING THE DESIGNATED BOX. IN ADDITION, WE ADVISE YOU TO RETAIN A COPY OF THESE TERMS AND CONDITIONS.

You undertake to comply with these Terms and Conditions of Use whilst using the various applications provided by Eyeka.

Description of Eyeka and the services offered

Eyeka is a limited company (société anonyme) governed by French law.

“Users” means all individuals and entities that have set up a personal account on Eyeka’s web site in accordance with the registration procedures and requirements set out below.

“Contributors” means Users that have accepted the terms of the Licence Agreement and who have uploaded Works onto Eyeka’s web site.

Eyeka hosts, edits and broadcasts fixed images (photographs), animated sequences (videos) and, generally, all types of illustrations on its platform which is accessible by mobile phone at the address m.eyeka.com and by Internet at the address http://www.eyeka.com (hereinafter referred to as “Eyeka’s Platform”).

Eyeka’s Platform allows Contributors (holders of various rights such as authors, producers, etc.) to post photographic, audiovisual and multimedia works to which they hold the intellectual property rights (hereinafter referred to collectively as the “Works”) on the Internet free of charge in order to broadcast and convey them to members of the public.

Uploaded works are indexed by Eyeka’s editorial team. This process consists in associating relevant terms with each Work in order to facilitate the classification, search, circulation and distribution thereof. This service is complementary to the Contributor’s obligation to index Works and provide the relevant information for them when making them available to Eyeka.

Eyeka promotes and distributes Works, directly or indirectly, to its Customers and Partners, including but not limited to providers of electronic communications services (such as mobile phone operators), online service providers, audiovisual communication companies (such as television channels) and radio companies, press agencies, advertisers, advertising agencies and end customers (such as mobile phone and Internet users).

Contributors that wish to have their Works hosted, broadcasted and distributed by Eyeka must also accept the terms of the Licence Agreement, the purpose of which is to grant Eyeka permission on the part of an author or his successors or assigns to use their Works.

Users of Eyeka’s web site may view the Works posted online by various Contributors on the Internet or on a mobile phone.

Users may also create albums and circulation lists, known as ‘‘lightboxes”. These lightboxes are collections of Works posted online by various Contributors and are played in loops. They may be exported to any web site or blog via hypertext links created by Users.

The www.eyeka.com web site is the exclusive property of Eyeka.

Eyeka’s services and applications may be accessed from any location providing that the minimum technical requirements are met, in particular in terms of access to the Internet or a mobile phone network and the technical compatibility of the equipment used.

However, Eyeka reserves the right to modify or suspend access to its services at any time, without reason.

Registration and personal account

You may only use the functions and services offered by Eyeka once You have accepted these Terms and Conditions and registered on the www.eyeka.com web site, indicating your first name, surname, date of birth, country of residence and e-mail address.

When You register on our web site, You must choose a username and password in order to access your personal account. Your account will include all of the personal details provided by You as well as the photographs, illustrations and video content uploaded to our web site.

You undertake to keep your username and password confidential. You will be responsible for all use of the web site made using your username, including but not limited to the transfer and uploading of Works (photographs, video content, illustrations).

When registering on Eyeka’s web site, You must provide clear and accurate personal details in order that You may be identified in the event of a dispute. Your personal account may be closed should You provide any inaccurate or libellous details. You are responsible for the use of your account accessed using your username and password. All use of the web site through your account will be deemed to have been made by You.

You represent that You have the capacity to enter into this agreement. If You are below the age of 18, You must have been authorised to use this web site by your parents or guardian.

If You enter into this agreement in the name of your employer, You hereby warrant that You have been authorised to do so.

You may register on the www.eyeka.com web site and access the services offered by Eyeka free of charge. However, Eyeka cannot guarantee that access to some or all of its services will remain free for an unlimited period. If an individual service is to be implemented on a for-fee basis, Eyeka will notify Users and obtain their express consent before setting up the service. If necessary, new Terms and Conditions of use may be proposed and submitted to You for approval.

Once You have accepted these Terms and Conditions, You must abide by their provisions. If You do not agree with the content of these Terms and Conditions and if You do not accept the conditions and obligations set forth in this agreement, do not use Eyeka’s applications.

Eyeka reserves the right to make minor amendments to these Terms and Conditions from time to time. Where possible, Eyeka will notify Users of the changes made to the Terms and Conditions by e-mail or make an announcement in that respect on its blog and/or in the Eyeka magazine. If You do not accept the amended Terms and Conditions or the conditions and obligations set out in the amended agreement, do not use Eyeka’s applications. Should any amendment lead to the revision of our offer, we undertake to submit the amended Terms and Conditions to You for approval.

Suspension

Eyeka reserves the right to suspend access to your personal account at any time for the duration it considers appropriate should information required for the due and proper performance of this agreement be omitted (for example, if the personal details You provided either when registering on the web site or at any subsequent time are inaccurate or if You failed to comply with the obligations concerning illegal content, etc.).

Where possible, Eyeka will inform the Users concerned that their personal account has been suspended and of the reasons for such suspension by e-mail.

If your account is suspended, You may no longer upload Works onto Eyeka’s applications. However, You may access your personal details, your account and the photographs, video content and illustrations uploaded to your personal account. The illegal content will be removed from the www.eyeka.com web site and will no longer be accessible.

Eyeka reserves the right to close your personal account at any time for the duration it considers appropriate should prohibited content and rules good behaviour rules, as stated hereunder, be omitted and/or violated.

Hosting

With regard to the hosting of content provided, Eyeka complies with the provisions of the French Digital Economy Act (Loi pour la Confiance dans l’Economie Numérique) of 21 June 2004.

Eyeka is under an obligation to promptly withdraw any content if it becomes aware of the illegal nature thereof.

Eyeka is not bound by a general obligation to monitor the content of Works. However, Eyeka has implemented a function which is accessible upon the circulation of Works entitled “This media may be offensive”. This function allows any individual to notify Eyeka of any content that constitutes justification of crimes against humanity, incitement of racial hatred or an offence involving child pornography.

In the foregoing cases, Eyeka shall remove the content at issue and promptly notify the competent public authorities of the relevant illegal activity.

Therefore, Eyeka is required to retain the information needed to identify the Contributors of illegal content. Eyeka may be compelled to disclose and reveal Contributors’ personal details to a judicial authority in order to identify the authors of the illegal content.

Intellectual property

When You become a User of Eyeka’s web site, You may become a Contributor and therefore broadcast your Works on this site. For this purpose, Contributors must accept the Licence Agreement which is accessible on www.eyeka.com.

As a User of Eyeka’s web site, You are entitled to use the content provided by other Contributors. This right entitles You to view content, to create lightboxes and to export them via a hypertext link to any other web site, including but not limited to a blog or personal web space. However, You undertake not to broadcast lightboxes on web sites which contain a message that contravenes the requirements set out in the clause regarding illegal content.

Intellectual property owned by Eyeka

The use of Eyeka’s applications, the uploading of Works onto such applications and the acquisition of Works via Eyeka’s web site by no means authorises You to use or acquire a right of title to Eyeka’s intellectual property assets such as:

works, inventions,
compilations,
slogans,
logos,
software,
drawings and designs,
trade marks,
domain names,
circulation lists known as lightboxes. A lightbox can be used to bring together or compile a collection of Works but does not entitle the User who created it to a right of appropriation as the Contributor, author or authors of the Works included in the lightbox did not authorise the User to use the lightbox for commercial purposes.

Eyeka shall retain all of its rights to its intellectual property.

Prohibited content and rules of good behaviour

As a User of Eyeka’s applications, You undertake to fulfil Eyeka’s expectations and to meet its requirements in terms of the quality of the content provided and posted online. The Contributor is responsible for the Content posted online via Eyeka’s applications using his/her/its username and password.

Eyeka shall refuse Content which constitutes any of the following:

justification of crimes against humanity or war crimes, Nazism, crimes or offences, a denial of the existence of crimes against humanity or known acts of genocide;
a violation of human dignity;
violent or pornographic content;
a violation of public order or decency;
pornographic Works showing a minor or an individual who appears to be a minor;
incitement or provocation of an offence;
provocation of suicide;
provocation of discrimination, hatred or violence vis-à-vis an individual or group of individuals on account of their origin, sex, family situation, physical appearance, family name, health, disability, genetic characteristics, morals, actual or assumed sexual tendencies, age, political opinions, union activities, actual or assumed adherence to an ethnic group, nation, race or religion;
a violation of privacy, intimacy or the right of personal portrayal;
an invasion of privacy by reason of the unauthorised capture, recording or transmission of words spoken on a private or confidential basis;
an invasion of privacy by reason of the unauthorised fixing, recording or transmission of the image of an individual at a private location;
a violation of the presumption of innocence;
a montage created using the words or image of an individual without his or her consent if it is not clear that the Work is a montage or if such information is not expressly provided;
defamation or an injurious insult;
infringement of an intellectual property right;
Works that include stolen property;
Works that breach obligations of professional secrecy, the secrecy of correspondence or secrecy concerning national defence;
Works that contain any virus, worm, Trojan horse or any computer file or program that is liable to interrupt, destroy or restrict the functions of any computer or IT network that has any (distant or close) relation with Eyeka’s activities.

If You ascertain that Works are being broadcasted via Eyeka’s applications without the consent of their author or the holder of the rights thereto, You are encouraged to notify Eyeka’s moderation department by clicking on the designated icon “This media may be offensive”.

Eyeka aims to provide quality content. In this respect, we submit Works to the approval of moderators and ensure that all content complies with our editorial policy. Our editorial policy is drafted on a discretionary basis by Eyeka management through any individual duly authorised by the latter. Eyeka’s partners which have entered into a contractual relationship in order to make content available to Eyeka or to provide IT services (e.g. in order to construct an online platform for exchanging content) may demand that specific provisions be included in the editorial policy governing the content made available to them within the scope of the aforementioned relationship.

The web site is moderated, meaning that all images (photographs, videos, illustrations) are checked. Therefore, Eyeka may decide at any time to remove or not to broadcast any content that is deemed not to meet its quality requirements and interests, without reason.

You undertake to comply with the good behaviour rules towards other contributors as well as towards other contributors' Woks. Thus, You shall not violate the foregoing statements regarding Prohibited Content by posting a comment of a Work or by posting a comment of a Contributor or by using the internal email system.

Personal details

This web site is registered with the French Data Protection Committee (Commission Nationale de l’Informatique et des Libertés) under number 1188296.

In accordance with French Data Protection Act no. 78-17 of 6 January 1978 (loi relative à l’informatique, aux fichiers et aux libertés), You have a right to access, amend, rectify and delete your personal details.

In order to do so, You may send an e-mail to info@eyeka.com or write to us at Eyeka, 34 Boulevard des Italiens, 75009 Paris, France.

Eyeka collects and uses personal details (including your first name, surname, e-mail address, country of residence and date of birth) in order to (i) provide a service that is in keeping with our expectations, (ii) contact You in order to answer any questions You may raise and (iii) retain a trace of the exchanges and transactions carried out between us. We may collect your personal details in order to carry out market studies for internal usage.

With your consent, Eyeka may provide some of your personal details to third parties for canvassing purposes.

You acknowledge that Eyeka may also retain all of the information concerning your registration for evidentiary purposes.

Cookies

Eyeka wishes to install a cookie on your computer. We use cookies to provide You with information which we believe may be of interest to You. Cookies are used to identify You each time You log on to the Internet and therefore make it easier for You to access our web site.

You may reject cookies by changing the configuration of your computer as indicated below. However, this may affect the functions offered on the eyeka.com web site.

For Microsoft Internet Explorer 6.0:

select the "Outils" or "Tools" menu, followed by "Options Internet" or "Internet Options"
click on the "Confidentialité" or "Confidentiality" icon
select the desired level using your cursor

For Microsoft Internet Explorer 5:

select the "Outils" or "Tools" menu, followed by "Options Internet" or "Internet Options"
click on the "Sécurité" "Security" icon
select "Internet" followed by "Personnaliser le niveau" or "Custom Level"
select "cookies" and choose the appropriate option

For Mozilla firefox:

select the "Outils" menu, followed by "Options"
click on the "vie privée" icon
select "cookie" and choose the appropriate option

Limitation of liability and warranty

We wish to remind You that our services are offered free of charge. Therefore, neither Eyeka nor any of its managers may be held liable for any consequential loss, loss of business or shortfall in earnings sustained by the User within the scope of this agreement in connection with the use of the services we offer or the transfer of data to our applications.

In the event we are found liable, our liability shall be limited solely to the certain, personal, direct loss sustained.

Neither Eyeka nor any of its managers shall be held liable for the loss of data transferred (Works, personal details) to its servers. The User is responsible for saving a backup copy of all files and data he/she/it wishes to retain.

Eyeka is under no obligation to commercialise the Works made available to it.

Eyeka shall not be held liable for any problems that arise in connection with the circulation of Works or comments or, more generally, for any problem on the Internet which affects the use of the service, in particular, the viewing and uploading of video and photo content. Eyeka makes no warranty regarding the terms and conditions of circulation, the quality of the Works broadcasted and transferred or accessibility thereto. However, we shall use our best efforts to broadcast the Works under the best possible conditions.

No advice or information provided by Eyeka shall constitute a warranty.

Eyeka makes no warranty regarding the provision of an uninterrupted service and cannot guarantee that Users will have access to all of the services offered at any place inasmuch as the minimum technical requirements enabling access to our applications are not our responsibility.