Terms of Service
This website is the property of OOSHOT SAS, entered in the Trade & Companies Register of PARIS under n° B 534 674 296, having its registered office at 5 rue Auguste Comte 75006 PARIS, the publisher of the said site. Director of publication: Valérie Hersleven. This site is hosted by: SAS OVH, 2 rue Kellermann, PO Box n° 80157, 59100 Roubaix, tel. 08.20.69.87.65.
The following terms will govern your consultation and use of the OOSHOT site, on whatever medium, and specifically on web media and portable devices (hereinafter “the Site” or “OOSHOT”).
Accordingly, when you use or visit the Site, you consent to abide by, and to be bound by the provisions of the present general conditions of use: they constitute a binding agreement between yourself and OOSHOT. If you do not agree with these conditions, you may exit the Site.
Any modification to the present conditions of use – which may occur at any time without prior notice, and at the exclusive discretion of OOSHOT – will be notified to you by an E-mail for the attention of registered members. Should you continue to access or use the Site further to this E-mail notification, this implies your acceptance of the modified conditions of use. If you do not agree with these conditions, your only option is to refrain from any further use of the Site: you may then ask us to cancel your user account by means of a simple request to this effect (see “Termination” clause in the present general conditions of use for further information).
What information do we collect?
OOSHOT undertakes to respect the entitlements of web surfers to confidentiality. We collect information when you register with OOSHOT, or when you participate in any OOSHOT functionality.
When you register, we may ask you for your name, gender, date of birth, E-mail address, physical address, including post code, telephone number and native language.
We may also ask you to create a user name and password. You will also be invited to join our E-mail list. However, you may also choose to visit OOSHOT anonymously.
What is a cookie?
You may configure your computer to notify you whenever a cookie is sent, or you may disable all cookies. To do this, you will need to modify the parameters of your web browser (e.g. Chrome, Safari, Firefox or Internet Explorer). As each browser is slightly different, you will need to consult the “Help” function in your own browser in order to find the method for the modification of cookies. If you disable cookies, you will no longer be able to access many of the functions which render the use of OOSHOT more efficient (the above-mentioned functions), and some of our services will no longer operate correctly.
Do we disclose the information we collect to third parties?
OOSHOT assigns great importance to the security and confidentiality of your personal information, and has procedures and policies in place for the guaranteed protection of your privacy.
We may also disclose your information when requested to do by authorities who are legally empowered to require this disclosure, for the purposes of compliance with statutory and regulatory requirements. You therefore acknowledge, agree and accept that OOSHOT is entitled to access, store and disclose information on your account, should the law so require, or where OOSHOT believes, in good faith, that such access, storage or disclosure is reasonably necessary (a) for the purposes of response to any claims made against OOSHOT; (b) for compliance with a statutory procedure; (d) for the prevention of fraud, the evaluation of risks, the conduct of surveys or in the interests of customer service; or (e) for the protection of the entitlements, property or personal security of OOSHOT, its users or the general public.
We do not sell, market or transfer any personally identifiable information to third parties without obtaining your prior consent to this effect, as described hereinafter.
However, non-identifiable information on web surfers may, in a combined form, be disclosed to other parties for commercial, advertising or other purposes.
How do we use your information?
We may use the information which we collect in conjunction with your registration:
- To find out more about the web surfers and clients who visit OOSHOT, with a view to providing tailor-made functions, promotions and other notifications.
- If you have opted to receive E-mails from OOSHOT, we may send you E-mails on a regular basis. If you no longer wish to receive these messages, please follow the instructions included in each E-mail, or refer to the section “How do you remove, delete or modify information which you have supplied?” below. If you have opted not to receive E-mails from OOSHOT, you will receive no such messages.
How do we protect the data of web surfers?
Accounts of OOSHOT members are protected by a password, which is created by the user. In any event, you will be responsible for the protection of your password, and will undertake not to disclose this password to third parties. You will therefore be responsible for any activity or action on your account, regardless of whether or not you have authorized the said activities or actions. You are required to notify OOSHOT of any unauthorized use of your account.
OOSHOT takes precautions in order to ensure that the confidentiality of data relating to member accounts is preserved. OOSHOT has chosen the company OVH, the leading European server host, which is recognized for the security of its facilities: http://www.ovh.com/fr/apropos/technologies/securite.xml.
We apply reasonable measures for the protection of the data of registered members in our data base, and we restrict access to members’ data to those personnel who require this access for the execution of their functions (the customer service department and the technical team). However, we cannot guarantee the security of data relating to members’ accounts. Unauthorized visits or use of the website, hardware malfunctions, software malfunctions or other factors may compromise the security of members’ data at any time.
A. Both presently and in future, the OOSHOT website is entitled to authorize the submission of photographs and other communications presented by yourself and by other users on the Site (“User Submissions”), and to undertake the hosting, sharing and/or publication of such User Submissions, provided that the said submissions are completed on the Site. It is understandable that OOSHOT cannot guarantee the confidentiality of such submissions, regardless of whether the said User Submissions are published or otherwise.
B. You hereby acknowledge and assume sole liability for your own User Submissions, and for the consequences which may arise from the publication or the posting thereof. Accordingly, you are required to observe laws and regulations in force.
In respect of your User Submissions, you hereby confirm, submit and/or guarantee that: (i) you enjoy exclusive ownership of all User Submissions which you publish and/or post on the Site, or enjoy the possession or tenure of all rights, licences, agreements and permissions for use pertaining to the said User Submissions, and you authorize OOSHOT to employ all patents, trademarks, trade secrets, copyrights and other proprietary rights associated with all User Submissions in the interests of the integration and use of the said User Submissions in the manner envisaged by the OOSHOT website and in accordance with the conditions of service of the Site; and (ii) you have obtained the consent, the relevant version and/or written permission of each identifiable person in the User Submission for the use of the name or image of any such identifiable person in the interests of the integration and use of User Submissions in the manner envisaged by the Site and in accordance with the conditions of service of the Site.
To clarify, you will retain all proprietary rights in respect of your User Submissions. However, the very act of publication of your User Submissions on the OOSHOT Site confers, in favour of OOSHOT, a worldwide, non-exclusive, irrevocable, indefinite, royalty-free, sub-licensable and transferable licence for the use, reproduction, distribution, preparation of derivative works, presentation and realization of User Submissions in connection with the OOSHOT website and the activities of OOSHOT (and its successors in title) including, but not by way of limitation, activities for the promotion and redistribution, whether in whole or in part, of the OOSHOT website (and its derivative works) in all media formats and through any media outlet.
C. You are responsible for ensuring that your User Submissions do not comprise: (i) documents which are protected by the intellectual property rights of third parties (copyright, trademarks, patents, etc.), constitute trade secrets or are otherwise the object of third party proprietary rights, including rights of publicity, image rights or rights of privacy, unless you are the holder of the said rights or have obtained the permission of the legal holder thereof for the publication of the document concerned and the conferral in favour of OOSHOT of all the licensing entitlements described above; (ii) false information or misrepresentations which might be damaging to OOSHOT or to any other third party; (iii) infringements of public order and decency, specifically documents of an illegal, obscene, defamatory, deceitful, threatening, pornographic, importunate, distasteful, racially or ethnically insulting nature, or attitudes which might be classified as a criminal offence, give rise to action at law, be in breach of a law or otherwise inappropriate, in whatever manner; (iv) advertising or requests for offers of employment; (v) submissions in which you assume another identity, or any form of expression which implies wilful identity theft on your part.
D. It is expressly understood that OOSHOT operates in the capacity of a content host. To this end, OOSHOT is not bound by any general obligation for the monitoring of content and User Submissions posted or distributed on the Site. Accordingly, OOSHOT does not endorse User Submissions, or any opinion, recommendation or advice contained therein, and OOSHOT expressly disclaims any liability pertaining to User Submissions.
OOSHOT does not permit breaches of copyright or infringements of intellectual property rights on its Site. Consequently, OOSHOT will delete any content and User Submissions in respect of which it has been correctly notified (under terms of Article 6 of Law n°2004-575 concerning confidence in the digital economy) that the said content or User Submissions infringe intellectual property rights: http://www.legifrance.gouv.fr/affichTexteArticle.do?cidTexte=JORFTEXT000000801164&idArticle=LEGIARTI000006421546
OOSHOT also reserves the right to remove content and User Submissions without prior notice, specifically where content or submissions are contrary to public order and decency or, more generally, are prejudicial to the material or moral interests of OOSHOT, which shall be defined at the discretion of the latter.
E. OOSHOT shall also withdraw user access to its Site, if the user concerned is a repeat offender. A repeat offender is a user who has undertaken illegal activities on more than two occasions, or has been notified to this effect and/or who has had a User Submission removed from the website on more than two occasions. OOSHOT also reserves the right to decide whether content or a given User Submission is appropriate and compliant with its conditions of service or, conversely, if the said content or User Submission constitutes a breach, other than a breach of copyright or of intellectual property law including, but not by way of limitation, pornography, obscene or defamatory documents, or documents of excessive length. OOSHOT may remove such User Submissions and/or terminate user access for the downloading of any such documents which are contrary to its conditions of service, at any time and on its own initiative.
You acknowledge that OOSHOT is not obliged to preview content or User Submissions; however, OOSHOT and its web designers shall be entitled, at their sole discretion, to preview, reject or modify any content made available by this service. Accordingly, you hereby acknowledge that no reliance can be placed upon content created by OOSHOT or submitted to OOSHOT, including, but not by way of limitation, information posted on OOSHOT message boards and on all other parts of the service.
Do we keep your data? How do you remove, delete or modify information which you have supplied?
To remove all your data from OOSHOT on-line accounts and our databases, go to the section “View or modify profile” on our Site and click on “Delete profile”.
To modify your registration with our E-mail service, or to discontinue the receipt of messages from OOSHOT altogether, we would ask you to notify us to this effect by modifying your preferences in the section “View or modify profile”. Please note that, in the light of schedules for the publication of E-mails, you may continue to receive E-mails which are already in the course of production.
Exemption from liability/Guarantee
You hereby undertake to exempt, defend, indemnify and discharge OOSHOT from responsibility in respect of any petition, claim, liability, damage, loss or expenditure, including reasonable legal expenses, arising from, or in any way associated with your access or use of the OOSHOT Site.
Accordingly, you agree to indemnify and discharge OOSHOT from liability for any claim or petition introduced by a third party, specifically on the basis of rights of personality (image rights, name rights) and/or intellectual property rights (copyright, trademarks, patterns, designs and models, etc.) pertaining to, or arising from content which you may submit, post, transmit or make available through the service, your use of the service, your connection to the service, a breach of conditions of service on your part, or any infringement on your part of the entitlements of other persons.
Links to external sites
For the provision of even more interesting content, we may include links to external sites on our Site. These links apply separate and independent confidentiality policies. Accordingly, we can assume no responsibility for content and activities on these sites. In consequence, you hereby acknowledge and accept the discharge of OOSHOT from any liability for: (i) the availability or accuracy of these external websites; or (ii) content, products or services available on or via these external websites. Under no circumstances does the presence of links to any such websites imply the endorsement by OOSHOT of the websites concerned, nor of the content, products or services offered therein.
Notwithstanding the above, we endeavour to protect the integrity of our Site, and any comments on these linked sites (particularly if a specific link is not functional) are welcome.
Questions and comments
We would be happy to hear any questions, comments or concerns which you may have regarding confidentiality. Any comments concerning confidentiality, or any other questions, should be submitted to the following address: firstname.lastname@example.org
Unauthorized resale of the service
You hereby undertake not to reproduce, duplicate, copy, sell, market, resell or otherwise exploit for commercial purposes any parts whatever of the OOSHOT website.
You hereby consent to the entitlement of OOSHOT, under certain circumstances and without prior notice, to enact the immediate termination of your OOSHOT account, together with all associated E-mail addresses and access to the service. Reasons for such termination shall include, but not by way of limitation, (a) breaches of conditions of service or of other inherent agreements or directives (b) a request to this effect by yourself (cancellation of account on your initiative), (c) interruption or modification of documents pertaining to the service (or part of the service), (d) problems or unforeseen difficulties of a technical or security-related nature, (e) prolonged periods of inactivity, in excess of two years, (f) your involvement in illegal or fraudulent activities.
The termination of your OOSHOT account implies the following (a) the withdrawal of access to the service, in its full scope, (b) the cancellation of your password and the deletion of all information, data files and associated content in your account (or any part thereof), and (c) the preclusion of any further use of the service. You also give your consent to the effect that any termination, on legitimate grounds, shall be enacted at the sole discretion of OOSHOT, and that OOSHOT shall not be held liable, in respect of yourself or in respect of any third party, for the termination of your account, associated E-mail addresses or access to the service.
You shall be responsible for the back-up of data and information posted on the Site; upon the termination of an account, we will retain data posted for a term of three months with effect from the date of termination; upon the expiry of this term, no data shall be retained whatsoever, and no liability on our part in respect thereof shall be enforceable in your favour, whereby this disclaimer is expressly acknowledged by yourself.
Data processing and civil liberties (rights of access, modification, rectification and deletion)
Under the terms of Law n° 78-17 of 6th January 1978 concerning data processing, data files and civil liberties, amended by the Law of 6th August 2004, you are hereby notified that you enjoy a right of access, modification, rectification and deletion of data of a personal nature concerning yourself. To exercise this right, please contact: OOSHOT - 5, rue Auguste Comte - 75006 Paris.
You hereby accept that this Site, and your relations with OOSHOT, shall be governed by French law, which shall be the sole law applicable to the present Site. Any dispute with a user of the Site shall be referred to the competent courts of Paris.