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Site Usage Agreement

Prior to using Eyeka's website, the User must accept the Site Usage Agreement when opening an account My Eyeka and when uploading each Creation.
Eyeka is a Limited company with share capital of 68 573 euros, registered under number 488 120 916 RCS Paris, having its headquarters 34, boulevard des Italiens 75009 Paris, France
Agreeing to the Site Usage Agreement is mandatory to use Eyeka Website.

Once the User has accepted the Site Usage Agreement, he must abide by its provisions. If he does not agree with the content of the Site Usage Agreement and if the User does not accept the conditions and obligations set forth in this agreement, he should not use Eyeka’s Service.

The User represents that he has the capacity to enter into this agreement. If the User is below the age of 18, he must have been authorized to use Eyeka Website by his parents or guardian. All individuals and legal entities, acting alone or representing third parties, may use the Eyeka Website, regardless of whether they perform a professional, commercial or other activity.
If the User is acting in the name and on behalf of his employer, he must have been granted the relevant authority or power.

Eyeka reserves the right to make minor amendments to the Site Usage Agreement from time to time. Where possible, Eyeka will notify Users of the changes made to the Site Usage Agreement by e-mail or make an announcement in that respect on its blog and/or in the Eyeka magazine. If The User does not accept the amended Site Usage Agreement 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, Eyeka undertakes to submit the amended Site Usage Agreement to the User for approval.

Definitions

Within the scope of this Site Usage Agreement, including in the forewords, the following capitalised terms and expressions, used in the singular or plural, shall have the meaning ascribed thereto herein below:

“Agreement” means the legal agreement between the User and Eyeka that is the of the Site Usage Agreement agreed by the User;

"Call for submission" means competitions organised by Professional Users with a view to select one or more Works and naming one or more winners from among participating Contributors;

"Contributor" means the User who uploads his Creations onto the Eyeka Platform. Contributor applies to both male and female Contributors, as well as legal entities;

"Eyeka's Platform" means the online platform that can be reached on the Internet on Eyeka Website and on mobile telephone at m.eyeka.com;

"Eyeka Service" means the services provided by Eyeka to the Users on Eyeka's Platform;

"Eyeka Professional Service" means the services provided by Eyeka to the Professional Users;

"Eyeka Website" means the Internet web site that can be reached at www.eyeka.com as well as geographical domain names;

“Lightbox” means an album created by a User which includes one or several Works made available to Eyeka by one or various Contributors. This album showcases the Works concerned in the form of a slideshow of photographs or looped sequence of video content. Eyeka may change the name of the album without changing its main characteristics;

“Purchase” means the licence, granted by the Contributor to the User shall take effect as soon as (i) the User selects the Work and the intended use and (ii) the User accepts the terms and conditions of the corresponding licence;

“User(s)” means the individual (or individuals) who accesses Eyeka’s Platform, directly or indirectly, creates a personal account on the Eyeka Website after agreeing to the Site Usage Agreement. User applies equally to male and female Users, as well as legal entities;

“Professional User” and “Professional Contributors” means a commercial company which uses the Service within the scope of its professional and commercial activity. A User can acquire the status of Professional User by obtaining Eyeka certification via Eyeka Website or directly from the relevant department of Eyeka;

"Site Usage Agreement" means the terms and conditions of this agreement that set forth the use of the Eyeka Platform;

“Works” means the Photographic Works, Audiovisual Works Multimedia Works uploaded onto Eyeka's Platform under the conditions provided for herein;

“Audiovisual Work” means a work consisting of animated sequences of images, with or without sound;

“Multimedia Work” means a work consisting of a combination of different types of works of the mind (such as texts, photographs, animated sequences and music), including photomontages, montages of various types of fixed images and animated sequences of images (i.e., video montages);

“Photographic Work” means a work consisting of a fixed image captured using an optical device equipped with an analogue or digital recording system.

1. Scope of the Site Usage Agreement

The Site Usage Agreement governs the use of the Eyeka Website as well as of the Eyeka Service.

The Site Usage Agreement sets forth the rights and obligations of the Users.
The Site Usage Agreement is legally binding. Therefore, the User should read it carefully before ticking the designated acceptance box to show his agreement hereto. We advise to retain a copy of the Site Usage Agreement, which also set forth the terms of the licence granted by Contributors to Users who send us photographs and videos electronically in accordance with the terms set out below.
The User agrees to abide by the Site Usage Agreement throughout the time he uses the Service.

2. Description of the Service available to Users

The Services described below are available to all Users, and Professional Users may also receive the additional services described in clause 3 below.

The Eyeka Service allows Users to host, store, broadcast photographs, videos and all type of illustrations on Eyeka's Platform.

Unless different provisions, Eyeka’Service is available anywhere, as long as the minimum technical requirements are met, particularly in terms of access to the Internet, mobile phone network, compatibility of technical equipment used. Given the global nature of the Internet, the User agrees to abide by all the rules of public policy relating to the behaviour of Internet users and enforceable in the country from which it uses the Service.

a) Posting of Works

Eyeka’s Platform allows Contributors to host and post online the Works in order to post and communicate them to members of the public.

Contributors thus authorise Users to view their Works, with the exception of those which a Professional Contributor has assigned to the private, protected section as described in clause 3.

The Users undertake to use the Works in accordingly with the licence granted by the Contributor.

b) Distribution of Works

Eyeka’s Platform is an online marketplace where Users can obtain the non-exclusive right to use Works, in accordance with the licence granted by the Contributor in return for payment of the relevant amounts in order to acquire rights to use the Works.

Eyeka 's distribution service can be used in various ways:

Works may be purchased via the Eyeka Platform and downloaded in accordance with the licence granted by the Contributor;
They may be distributed within the scope of commercial agreements entered into by Eyeka and its Professional Users for the purpose of posting Works online, in conjunction with the WebTv Service.

c) Global services

Users have access to the global services, including in particular the possibility to comment and vote on Works or Contributors, the possibility to select one or more Works of one or more Contributors in order to compile Lightboxes.
Users may transfer individual Works or collections of Works in the form of Lightboxes to websites other than Eyeka’s Platform using the Eyeka Player, via hypertext links generated using the blog function, hereinafter the “Blog this Function” made available to Users, in accordance with the provisions of clause 8 regarding restrictions on use.

d) Calls for submissions

Users may submit some of their Works following calls for submissions organised on Eyeka's Platform.

The User agrees to abide by the terms and conditions contained in the regulations issued for each Call for submissions.

Eyeka may delete Works transmitted electronically within the scope of a call for submissions from its database within six months of the Call for submission.

3. Description of the Eyeka Professional Service

Professional Users have access to the Eyeka Service as well as the Eyeka Professional Service.

The Eyeka Professional Service allows Professional Users to:

- use the WebTv Service. This consists of a technological posting service using the Eyeka Player and Works programming tools included on the Professional User’s website. Works are posted on the Internet in loop via published programs, but Users may not download the Works or change the composition of the program;

- have access to the catalogue of Works hosted by Eyeka

- organize Calls for Submission.

Professional Users may use the Eyeka Professional Service only after agreeing to terms and conditions of the Eyeka Professional Service.

The Eyeka Professional Service can only be used by Professional Users.

4. Registration and personal account

The User may only use the Eyeka Service once he has created a personal account, "My Eyeka" by agreeing to the Site Usage Agreement and by indicating his first name, surname, date of birth, country of residence, e-mail address, telephone number.
When the User registers on the Eyeka Website, he must choose a username and password in order to access his personal account, My Eyeka, by which he can access all of the personal details as well as the Works provided by the User.
The User undertakes to keep his username and password confidential. The User will be responsible for all use of the web site made using his username, including but not limited to the transfer and uploading of Works.
The username must respect the rules stated in Article 8 of the Site Usage Agreement on restricted uses. The username must not be erotic, pornographic, violent, related to a brand, a commercial name, a trademark, a registered mark. Eyeka is entitled to suspend the personnal account and/or ask the User to change the username, in cas Eyeka is aware of a violation of this rule.

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

Registering on the Eyeka Website and accessing the Eyeka service is 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, a new Site Usage Agreement may be proposed and submitted for approval.

5. Procedures for submitting Works

Contributors submit their Works to Eyeka Website by uploading them to Eyeka’s servers using Eyeka’s Platform.
Files containing the Works uploaded by the Contributor must conform to the technical specifications posted on the Eyeka Website.
The Contributor warrants that the files and data he provides to Eyeka shall not under any circumstances be originals, but a copy of the originals which shall be retained by the Contributor. The Contributor acknowledges and agrees that Eyeka shall not incur any liability for the loss of the files or data submitted to it by the Contributor.
The Contributor undertakes to provide all the information it requires in order to index each Work. This indexation process consists inter alia of providing a description of the Work, allocating key words to each Work, providing a title and caption for each Work.

6. Purchasing and downloading Works

The User who wants to purchase Works on Eyeka's Platform must pay the due amount.

When each Work is electronically transmitted, the Contributor sets the price of purchasing and downloading the Work in accordance with the prices proposed on the Eyeka Website.
Users may only download the Works after accepting a licence agreement proposed by the Contributor and after having paid Eyeka the price of the transaction, expressed in Credits, in accordance with the Pricing Conditions posted on Eyeka’s Platform.
Eyeka has been duly empowered by the Contributor to receive the payment of the price of the transaction.

“Downloading” means any action that enables a User to receive a data file that contains a Work with a view to storing the said Work in a storage unit.

Users may only use Works for the term and under the conditions of the licence granted by the Contributor to the User as stated in Article 11. . Accordingly, the User undertakes not to use, commercialise or distribute the Works for any purpose that is not specifically provided for and authorised in the licence.

The User acknowledges that the licence is granted on a non-exclusive basis and that it does not entail the transfer of title to or the separation of attributes of ownership of the Works.

7. Pricing Conditions and payment of Contributors

The financial terms of the terms and conditions of Use of the Eyeka Service are set out in the applicable Pricing Conditions, available on Eyeka's Website.

Contributors whose Works are distributed are paid using a system of Credits.
Credits are acquired via the payment methods used by Eyeka.

When a Work is purchased, the number of Credits allocated in respect of the transaction is deducted from the User’s account.
The Contributor’s account is then credited with the relevant number of Credits as soon as Eyeka has received confirmation of the transaction and the payment.
Funds that accrue on the User’s personal account are automatically transferred to the User’s bank account as soon as the balance of his account reaches the amount set in the Pricing Conditions.

Eyeka is dully empowered by the Contributor to perceive, in his name and on his behalf, the price for the transaction between the Contributor and the User. The Contributor allows Eyeka, in his name and on his behalf, to open an escrow account of the amounts received, from a banking institution chosen by Eyeka. The Contributor waives to claim the benefit of money (interest or otherwise) eventually produced by immobilization of the amounts collected in connection with the transaction.

In return for the use of the Eyeka Platform by the Contributor, Eyeka may retain a commission on the total price of the transaction made with the User and the payment by him of the prize. The commission is payable by Eyeka when the full price of the transaction is collected by Eyeka.

The funds accumulated in the personal account of the User are transferred to his bank account automatically as soon as the amount specified in the Pricing Conditions is reached.

Use of Works that shall not bring about any payment:
No fee shall be payable in the following cases:

If Works are posted outside Eyeka’s Platform via the "Blog this" Function of the Eyeka Player,
If Works are posted on Eyeka’s Platform other than via the MMTV Service,
If Works are used solely to promote Eyeka and its Service.

8. Restrictions on use

With regard to the posting of Works after the latter have been downloaded or broadcast via the "Blog this" Function, the User undertakes not to use the Works in publications, on websites or on any broadcasting space if the content thereof or the relevant editorial guidelines may undermine the honour or reputation of Eyeka, its activities or its representatives or if they may constitute Illicit Content as described in clause 9.

The "Blog this" Function may only be used for non-commercial purposes. Accordingly, the User undertakes not to use the "Blog this" Function to link up to a commercial website or the page of a commercial website, including but not limited to a professional sales or online service site, or the website of a commercial brand or company.

The User undertakes not to use the "Blog this" Function in order to promote a product, service, brand or activity of a commercial nature.

By way of illustration, Users may blog to and on personal blogs, the websites of associations, not-for-profit organisations, etc.

In the event of a breach of these provisions, the User shall be liable. Eyeka may, therefore, automatically terminate this Agreement based on a fault attributable solely to the User and the User shall not make use of the Eyeka Platform.

The User undertakes to act correctly and courteously towards Contributors and with regard to the Works when leaving comments related to Works and using the internal e-mail system. These comments and messages must not be insulting, defamatory, racist, discriminatory or incriminating as described above in Article 9. Eyeka may suspend a User’s personal account at its discretion in the event of improper behaviour.

9. Liability and warranty of the Contributor

The Contributor is responsible for his Works posted on Eyeka's Website.

The Contributor undertakes to respect all legal provisions including provisions related to injurious, racist, pornographic, libelous, pedophile content as well as content that is likely to constitute denial or violation of human dignity.
The Contributor undertakes not to violate anyone's rights.

The Contributor undertakes not to upload on the Eyeka Platform Illicit Content, of any kind or any nature:
- which constitutes 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;
- which is violent or pornographic, pedophile or likely to violate a minor's right;
- which is a violation of public order or decency;
- which is defamatory, libelous, is an insult, against anyone, individual or legal entity;
- which is an infringement of an intellectual property right, an unfair competition ;
- which is racist, xenophobic, a denial or likely to violate anyone's reputation, which is a 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;
- which is an invasion of privacy, of private letters, emails, by reason of the unauthorised capture, recording or transmission of words spoken on a private or confidential basis, which violates privacy and right of publicity;
- which contains 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 ;
- which threaten a person or people ;
- which encourages to break the law;
- which allows a third party to acquire, directly or indirectly, of pirated software, software that allows acts of piracy and intrusion into computer systems and telecommunications, viruses and other logic bombs and generally any software or otherwise attempt to infringe the rights of others and to the safety of persons and property;
- which breaks the law.

When uploading his Work and as long as he uses Eyeka's Platform, the Contributor warrants that the Works are not Illicit Content. Thus, the Contributor undertakes to renew this warrant at each upload by ticking the "I warrant" box (Eyeka may change the name of the album without changing its main characteristics).

Eyeka may suspend or withdraw any Illicit Content.

10. Notification

If the User is ascertain that Works that are being broadcasted on Eyeka’s without the consent of their author or the holder of the rights thereto, The User is encouraged to notify Eyeka’s moderation department by clicking on the designated icon “Flag this media as illicit” (Eyeka may change the name of the album without changing its main characteristics).

The User undertakes to give all the necessary information such as:

name, first name, address, nationality, place and date of birth (if it's an individual) or name, legal entity, address of the main office and representative (if it's a legal entity),
description of disputed facts,
the reasons why the Media should be withdrawn, including the reference of the legal and factual justification.

If so, the Work is withdrawn from Eyeka's broadcasting service as soon as Eyeka receives the alert notification.

A User that would happen to present a Work as illicit in order to get it withdrawn or in order to suspend its broadcasting may be found liable on a penal basis, as long as he knew that the Work was not illicit.

In case Eyeka receives a notification related to justification of crimes against humanity, racial hatred, and pedophile pornography, Eyeka is entitled to disclose it to a judicial authority.

11. Intellectual property

1.1) Rights granted

a) Rights granted to the User

The stipulation herein after defines the terms and conditions under which the Contributor grants a non exclusive Licence to the Users upon the Works for the uses chosen by the User when a Work is purchased, as described on the Eyeka Website. .

THE CONTRIBUTOR SHALL REMAIN THE PROPRIETOR OF HIS INTELLECTUAL PROPERTY RIGHTS.
THE CONTRIBUTOR SHALL BE THE EXCLUSIVE PROPRIETOR OF ALL OF HIS/HER/ITS INTELLECTUAL PROPERTY RIGHTS AND THAT SUCH RIGHTS ARE NOT TRANSFERRED TO EYEKA UNDER THIS AGREEMENT.

The Contributor grants to the Contributor the following rights, for on the use selected by the User when a Work is purchased:

- the right to reproduce or cause the reproduction of the Works,
in whole or in part, on a temporary or permanent basis, either together with or separately from any other type of work, including musical, whether of an identical or different genre, free of charge or for valuable consideration. Reproduction formats are described in the description of the use selected by the User when a Work is purchased;

- the right to represent or cause the representation of the Works,
by communicating same to the public, in whole or in part, either together with or separately from any other type of work, of an identical or different genre, free of charge or for valuable consideration, by showing same to the public. Representation formats are described in the description of the use selected by the User when a Work is purchased;.

- the right to create or cause the creation of adaptations,
, due inter alia to technical constraints relating to the technical standards applicable to the circulation of the Works on the Internet and on mobile phones, on television broadcast and on a computer device, in particular with regard to the format and size of the Works, the compression of files containing the Works and the display of the Works on screens of any kind. This right includes the possibility to add a fixed image or sequence of animated images to the Work;

- the right to make a compilation, which allows Users to create Lightboxes by putting Works of different Contributors together;

- the right to translate or cause the translation of the Works
into any language, in particular the right to subtitle and to dub into any language;

- the right to use protective technical measures
for the Works with a view to preventing or restricting the unauthorised use thereof as defined in Section L. 331-5 of the French Intellectual Property Code, in particular using DRM (Digital Right Management), branding, tattooing and watermarking measures and measures to prevent or restrict copying, in order to prevent and restrict acts of infringement pertaining to the Works in the interests of the Contributor;

- the right to grant a sub-licence,
to any other third party , free of charge or for valuable consideration, in respect of some or all of the intellectual property rights to the Works granted by the Contributor and which are the subject-matter of this Article,, on a temporary or permanent basis.

The licence is granted by the Contributor to the User on a non exclusive basis unless the Contributor expressly grants an exclusive licence to the User.

The uses of the Works described on the Eyeka Website may change over time. If so, the User will be informed by e-mail and will have the opportunity to terminate the Agreement in case he does not agree with the new terms of the licence.

b) Rights granted to Eyeka

The Contributor grants Eyeka the non-exclusive right to use his Works on Internet for promotional purposes of Eyeka's Service, of Eyeka's Platform and of Eyeka's services and products. The Contributor grants Eyeka the non-exclusive right to broadcast the Works in order to enable Eyeka to provide the Service.

This includes the right to reproduce and to represent the Internet and mobile phone networks.1.2) No infringement of Contributor’s moral rights

The User undertakes to preserve the Contributor’s moral rights.
Accordingly, The User shall mention the author’s name whenever the Work is used, reproduced, displayed, commercialized..
The Contributor is hereby informed that each licence granted by the User to a Third Party shall entail the obligation for the latter to mention the Contributor’s name.

1.3) Effective date and term and territory

The Site Usage Agreement's stipulation on the licence shall take effect on the date on which the User accepts the Agreement by ticking the box below the Agreement.
The licence shall remain in effect on a world basis for the duration of the intellectual property rights covering the Works.

1.4) Warranties

The Contributor warrants that the User shall peacefully enjoy and exercise all of the rights attaching to the Works.
Accordingly, the Contributor shall hold the User harmless against any disturbance, legal action, complaint, opposition, claim and eviction instigated by a third party claiming that one of the Works breaches his rights, as well as against any loss or liability incurred in connection with the exercise of the rights attaching to the Works.

In this respect, the Contributor warrants that he has obtained written permissions of all the people represented on the Works, or of their contractual or legal representatives, in order to use their image, allowing the Contributor to make commitments under this Agreement in its own name. The Contributor irrevocably undertakes to provide the User or/and Eyeka at any time, at their request, with written proof or a copy of all written documents confirming such authorizations.

The Contributor warrants that he is the sole proprietor of the intellectual property rights granted to the User;
In the event the Contributor is not the sole proprietor of the aforementioned rights, it irrevocably warrants to the User that, before making its Works available, it obtained all of the authorisations and rights required for the licence in writing from all proprietors of intellectual property rights to the Works or from the copyright collecting societies representing such proprietors allowing the Contributor to make commitments under this Agreement in its own name and, where applicable, in the name and on behalf of the aforementioned individuals. In this respect, the Contributor irrevocably undertakes to provide the User or/and Eyeka at any time, at the latter’s request, with written proof or a copy of all written documents confirming such authorizations.

As a result, the Contributor shall pay all amounts owing to the said proprietors of intellectual property rights and said copyright collecting agencies in respect of the reproduction, representation and exploitation, free of charge or for valuable consideration, of the Works. The Contributor undertakes to fully reimburse to the User or/and to Eyeka, at the latter’s first request, any fees, damages or legal costs which the User or/and Eyeka may be compelled to incur on account of the reproduction, representation or exploitation of the Works pursuant to the Agreement.

The Contributor warrants that he has not assigned some or all of the rights to the Works to a copyright collecting society mentioned in Section L. 321-1 of the French Intellectual Property Code such as to prevent it from entering into this Agreement.
The Contributor warrants that he has not assigned, licensed or transferred to a third party, by any means, some or all of the rights to the Works, including any right of first refusal, preferential right or option under conditions that would prevent it from entering into the Site Usage Agreement, and undertakes to refrain from doing so for as long as the Contributor makes its Works available on Eyeka’s Platform. In this respect, if the Contributor wishes to enter into an agreement with a publisher, producer or copyright collecting society, before signing such agreement, it must remove the Work or Works concerned from Eyeka’s Platform and notify the other party of the fact that the Work or Works has/have already been broadcasted and used on Eyeka’s Platform.

The Contributor warrants that none of the Works constitute infringements of intellectual property rights, in whole or in part;
The Contributor warrants that the Works do not contain any element to which a third party may claim a right of title, in particular a copyright, related right or personality rights;
The Contributor warrants that he the Works do not contravene the statutes and regulations in force, nor do they contain any of the unlawful.

The Contributor is hereby informed that it may incur liability should any of its representations be inaccurate.
Eyeka shall be entitled to demand that the Contributor reimburse any amount payable, on any ground whatsoever, by Eyeka to a beneficiary on account of the reproduction and/or the representation and/or the making available or communication to the public of the Works by Eyeka.
As a result, the Contributor shall pay all of the costs incurred by Eyeka to defend itself, including lawyer’s fees, damages, costs and expenses not included in the costs which Eyeka may be ordered to pay by virtue of a final or enforceable court decision which witnesses and records the violation of a copyright, trade mark, patent, commercial or manufacturing secret or any other right of title or exclusive right.
In the event a final or enforceable court decision is issued which prohibits the User from using the Works, in whole or in part, the Contributor shall be responsible for the following, at its own expense and without prejudice to the damages payable to the User on account of the loss sustained:
- obtaining authorisation to continue to use the Works or procuring the withdrawal of the claimant’s application, on the understanding that the User shall incur no further expense; or
- modifying or replacing the Works with works of an identical quality to ensure that they do not constitute infringing material.
If the Contributor is unable to achieve the results set out hereinabove, Eyeka may cancel or terminate the Agreement by operation of law in accordance with Article 12 and the User shall not use the Eyeka Service.

12. End of the Agreement

a) Eyeka’s right to terminate the Agreement

Eyeka may at its discretion, terminate the Agreement, in whole or in part, by operation of law as from the effective date hereof, without prejudice to any damages that may be owed to it by the Contributor in the following cases:
- if the Contributor breaches any one of its obligations hereunder if a formal notice to remedy such breach sent to the Contributor by e-mail or registered letter with advice of receipt requested remains without effect for eight (8) calendar days;

- if the Contributor is the subject of court-ordered reorganisation or liquidation proceedings, subject to the statutory and regulatory provisions in force, in particular, the right for the court-appointed administrator or receiver to demand that the Agreement remain in effect.

b) Users’ option to terminate the Agreement

The User may terminate the Site Usage Agreement at any time after it has come into effect by giving notice of termination to Eyeka in accordance with the online termination procedure. The Agreement is terminated six (6) months after Eyeka receives such notice.

c) Withdrawal of Works by a Contributor

A Contributor may at any time withdraw his Works from Eyeka’s Platform.
In such event:
- Works can no longer be purchased and downloaded from the Eyeka Platform,
- Works can no longer be purchased in order to be integrated in the MMTV Service,
- the Works that have been purchased for the MMTV Service can still be used for that purpose for another six (6) months after being withdrawn.

d) Consequences of the end of the Agreement

From the moment Eyeka receives the termination notice, as described here before (Article 12-b) until the actual termination of the Contract,
Eyeka shall retain the right to use the Works for any purpose that involves the Works and which requires broadcasting via streaming.
Consequently and during this duration of time:
- Works can still be broadcast on the Eyeka Platform,
- Works can no longer be purchased and downloaded from the Eyeka Platform,
- the Works can no longer be purchased in order to be integrated in the MMTV Service,
- the Works that have been purchased for the MMTV Service can still be used for that purpose for another six (6) months after the termination notice being received.

The Contributor acknowledges that termination of this Agreement shall not call into question the purchase or downloading of Works effected prior to the date of termination hereof.

Six months after the Agreement has ended, Works posted online by the Contributor shall be deleted from Eyeka’s Platform.

Within one month of termination of the Agreement, Eyeka shall pay the User the amount corresponding to the Credits accumulated on his personal User account. If the said amount is less than the amount stated in the Pricing Conditions, it shall be retained by Eyeka.

If the Agreement is terminated and the “My Eyeka” personal account is closed, Eyeka shall transfer to the User the amount of Credits entered in his personal “My Eyeka” account on termination, minus the amount equivalent to the costs arising in connection with the termination thereof.
When the contractual relationship between the User and Eyeka ends, Eyeka may retain all data and information in accordance with the statutory and regulatory provisions applicable to the retention of data.

13. Suspension

Eyeka reserves the right to suspend access to a personal account at any time, temporarily or permanently, if the User breaches any clause of the Site Usage Agreement, in particular if Eyeka is aware that the Eyeka Website is used for misconduct, is the personal information used to create an account on the Eyeka Website are false, if the User breaches the clauses regarding Illicit Content.

In case a personal account is suspended, Eyeka sends an email to the User whose account has been suspended in order to let him know that the account has been suspended and the reasons of suspension.

In case a personal account is suspended, the User may no longer upload Works onto Eyeka’s Platform. However, the User may access his personal details, his account and the photographs, video content and illustrations uploaded to his personal account. The Illicit Content will be removed from the Eyeka Website and will no longer be accessible.

Eyeka may at anytime and with no justification change the access to its Service or suspend its Service.

14. Personal details

The personal details required on the Eyeka Website (such as name, first name, mail address, country, date of birth, telephone number) are mandatory to create a personal account. The User may not access Eyeka's Service if he does not give this information.
Eyeka collects and uses personal details (in order to (i) provide a service that is in keeping with our expectations, (ii) contact the User in order to answer any questions the User may raise and (iii) retain a trace of the exchanges and transactions carried out between Eyeka and the Users. Eyeka may collect personal details in order to carry out market studies for internal usage.
The Eyeka Website 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), the User has a right to access, amend, rectify and delete his personal details.
In order to do so, the User may send an e-mail to info[at]eyeka[dot]com while mentioning "Personal details" in object or write at Eyeka, 34 Boulevard des Italiens, 75009 Paris, France.

With the User's consent, Eyeka may provide some of the personal details to third parties for canvassing purposes.
Eyeka also has the obligation to retain all information making the identification of the Contributors possible in order to disclose to a judicial authority, as stated in article 6.II of the June 21st 2004 Act.

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

15. Limitation of liability and warranty

EYEKA is not responsible of the Works hosted on the Eyeka Platform.

In no event Eyeka may be liable for indirect damages such as revenue loss, date loss, customer loss, financial or commercial damages, commercial troubles, loss of earnings, or immaterial damage of any kind.

IN NO EVENT SHALL EYEKA, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY LOSS OF DATA (WORKS, PERSONAL DEATAILS) WHICH IS UPLOADED ONTO EYEKA'S PLATFORM. The User is responsible for saving a backup copy of all files and data he wishes to retain.

Eyeka shall not be liable for any illicit uses of the Works by the Users, or any third party.

Eyeka shall not be liable for THE CONTENTS AVAILABLE ON OTHER SOURCES INTERNET SITES OR ACCESSIBLE BY THE INSERES HYPERTEXT LINKS ON THE SITE EYEKA (INCLUDING AS A RESULT OF ADVERTISING, PRODUCTS, SERVICES OR ANY OTHER INFORMATION).

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.

16. General clauses

a) Sub-contracting
The Contributor expressly authorises Eyeka to sub-contract some or all of its commitments arising hereunder.

b) Evidentiary value
The Parties agree that they may exchange the information they require to perform the Agreement by e-mail.
Any e-mails exchanged between the Parties shall be deemed to have the same evidentiary value as a written hard copy document.

c) Independent contractors
The provisions of the Site Usage Agreement by no means constitute a partnership agreement, agency agreement, relationship of subordination or joint venture between the Parties.

d) Assignment of the Agreement
Eyeka may assign its rights and obligations arising hereunder, in whole or in part, to any legal entity of its choice without the prior consent of the User.
However, Eyeka undertakes to notify the Contributor in writing of any such assignment and to inform the latter of the type of legal entity that will be taking over its rights and obligations, the latter’s contact details and the nature and scope of the rights assigned thereto.

e) Severability
If any substantive provision of the Site Usage Agreement shall be held to be invalid or non-existent, in whole or in part, by virtue of a statutory or regulatory provision or final court order, the other provisions hereof shall remain in force and shall remain fully binding on the Parties. In such event, the Parties shall endeavour to negotiate in good faith in order to agree on the terms of a new clause that is in keeping with the Parties’ original intention in order to replace the clause concerned.
In the event either Party fails to rely on a breach by the other Party of any of its obligations hereunder, it shall not be deemed to have waived the obligation at issue.

f) Tolerance
In the event either Party fails to rely on a breach by the other Party of any of its obligations hereunder, it shall not be deemed to have waived the obligation at issue.

g) Right of withdrawal
In accordance with Section L. 121-20 of the French Consumer Code (Code de la consommation), the Contributor is entitled to exercise the right of withdrawal by sending an email to info[at]eyeka[dot]com while mentioning "Right of withdrawal" in the object.
However, the right of withdrawal may not be used by the User if he uses the Eyeka Service within seven days (by uploading a Work, or by purchasing a Work), as provided by in article L121-20-2 1°) of the French Consumer Code.

h) 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 the User 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.
Eyeka shall retain all of its rights to its intellectual property.

17. Governing law

The Agreement shall be governed by French law, to the exclusion of international law rules.

18. Voluntary settlement of disputes

In the event a problem arises in connection with the performance of the Agreement, before the Agreement is terminated, cancelled and/or the subject of legal proceedings, the parties agree to attempt to settle the matter out of court.
In this respect, the party that wishes to implement the voluntary conciliation procedure shall notify the other party by registered letter with advice of receipt requested of its intention to do so and specify the problems that have arisen.
Throughout the duration of the problem, the Pprties agree that the continued provision of the services provided for herein shall be the most important consideration.
If the parties fail to reach an agreement within fifteen (15) days, the Parties shall recover all of their rights.

19. Jurisdiction

IN THE EVENT THE PARTIES FAIL TO AMICABLY SETTLE ANY DISPUTE WHICH ARISES IN CONNECTION WITH THE PREPARATION, INTERPRETATION OR PERFORMANCE OF THE AGREEMENT, THE PARTIES AGREE THAT THE COURTS OF PARIS SHALL HAVE EXCLUSIVE JURISDICTION, NOTWITHSTANDING MULTIPLE DEFENDANTS OR THIRD PARTY PROCEEDINGS, INCLUDING FOR URGENT PROCEEDINGS.