The PICTALIO website and application - https://pictalio.com - are developed and published by Mr Simon BRAMI, sole trader, whose registered office is located at 51 chemin de Vignac, 33360 Carignan-de-Bordeaux, France, SIRET number 83344618000048.
Contact :
Mr Simon BRAMI
Hosting:
This site is hosted on Microsoft's Cloud service (Azure). It is located geographically in theMicrosoft hosting centre in France (Centre region).
For more information, please visit this link.
Pictalio reserves the right to change or delete all or part of the website and/or the application without providing advance notice or previously informing users, natural persons or legal entities, regardless of professional capacity or business activity.
Pictalio shall not be held liable to users or to any third party for any modification of the site and/or application.
By continuing to use this website and/or application you have indicated your unreserved acceptance of these General Terms.
The version of these General Terms that is currently online shall be the only applicable version for the use of the website and/or application until its replacement by a new version.
"Application" refers to the PICTALIO application software and all of its components,
which, together with the Website, constitute the Service.
"General Terms" refers to this document, intended to provide information to the Parties and notify them of their rights and duties.
"Contributor(s)" refers to any natural person or legal entity posting Content online via the Service and thus making such Content available to Users.
"Personal Data" refers to data that under the provisions of the General Data Protection Regulation applicable as of May 24, 2016 directly or indirectly allows the naming or identification of an identified or identifiable natural person.
"Intellectual Property Rights" refers to all future and current copyright, copyrights, patents, trademarks (registered or not), or other intellectual property rights that may exist in databases, inventions, trade secrets, know-how, processes, designs and models, topographies, trade names and trademarks, domain names, and all other intellectual property rights and claims under any of these rights (when such requests may be filed) that are subject to protection, regardless of the country concerned or the competent jurisdiction.
"Service License" refers to the right to use the Intellectual Property Rights attached to the Website and/or the Application exclusively for the purpose of permitting the navigation and use of the Service.
"Pictalio License" refers to the right to use Content presented on the Service in accordance with the article "Intellectual property and image rights to Content."
"Parties" refers to any User of the PICTALIO Service.
"Content" refers to any multimedia content, whether photograph, audio, image, or digital video, commonly referred to as a "story" or "stories," uploaded by a User and downloadable by all Users of the Service.
"Service" means the Application and/or Website and any components thereof, permitting the uploading and downloading of Content free of charge.
"Website" refers to the Internet site whose home page is located at https://pictalio.com/and all component parts thereof, which, together with the Application, constitute theService.
"User(s)" refers to any person who uses the Service.
Access to the Service is for persons of legal age only. PICTALIO reserves the right to request documents proving your age.
Access and use of the Service is reserved for personal purposes only. The User undertakes not to use the Service or the information or data contained therein for any form of solicitation unrelated to the Service, in particular the sending of unsolicited e-mails, or for the development of a similar or competing service.
All trademarks, photographs, texts, comments, illustrations, stills or animated images, video sequences, sounds, any computer applications that may be used for the proper functioning of the Service, and more generally any element eligible for protection underIntellectual Property Rights that may be represented, communicated, reproduced or utilized on the Service in the course of its use are protected by the applicable intellectual property laws.
PICTALIO grants Users a License to use the Service. This Service License concerns only the elements strictly necessary for the use of the PICTALIO Service.
This Service License is non-assignable and non-transferable to any natural person or legal entity.
The Service and all attached Intellectual Property Rights remain the exclusive property of PICTALIO. Apart from the License granted to use the Service and the Intellectual Property Rights attached to the Content offered by Contributors under a Pictalio License, all elements are the sole and complete property of PICTALIO.
Any reproduction, representation, use or adaptation of all or part of these elements, such as the graphic charter, source codes and computer objects or applications, in any form whatsoever, without the prior written consent of PICTALIO, is strictly prohibited.
If PICTALIO chooses not to immediately initiate legal proceedings by upon becoming aware of such unauthorized use, reproduction or representation, this shall not constitute acceptance of the same, nor waiver of its right to institute such legal proceedings.
For the proper management of the Service, PICTALIO may, at any time, decide to:
-
suspend, interrupt or limit access to the Service in whole or in part, or reserve access to the Service or to
certain parts of the Service to a specific category of Users;
- delete any information likely to disrupt
its operation, or that contravenes national or international law or the rules of Netiquette;
- suspend
the Service to perform updates.
PICTALIO makes no guarantee concerning the information contained in the Service, or the accuracy, completeness or timeliness thereof.
The content of the Service is provided for informational purposes only, and Users should not make decisions based solely on such basis without previously consulting more accurate, complete and up-to-date information sources.
The Service may contain certain past information. By its nature, such past information is not up to date, and is provided for informational purposes only. PICTALIO reserves the right to modify the content of the Service at any time, but is under no obligation to update information found on the Service. Users accept that it is their responsibility to monitor changes to the Service.
PICTALIO cannot be held responsible in case of any failure, breakdown, difficulty or operational interruption preventing access to the Service or to one of its features.
PICTALIO makes no guarantee concerning the uninterrupted, rapid, secure or error-free use of the Service. PICTALIO may suspend the service for indefinite periods or eliminate it entirely at any time without notifying the User in advance.
Users are entirely responsible for the equipment used to connect to the Service. Users must take all appropriate measures to protect their equipment and their data, in particular from virus attacks over the Internet. Users are also solely responsible for any sites and data they may consult.
PICTALIO declines all liability in any legal proceedings brought by third parties against
the User:
- due to the use of the Service or any services accessible via the Internet;
- due to User
non-compliance with these General Terms.
PICTALIO is not responsible for any damage caused to the User or to third parties if such damage is caused by a problem with the User's connection or use of the Service.The User waives any action against PICTALIO in such regard.
If due to the use of the Service legal action is brought against PICTALIO, whether in court or out of court, PICTALIO may sue the User for compensation of any damages, sums, convictions and costs resulting from such proceedings.
PICTALIO declines liability for any information that may be available on linked websites not under PICTALIO's control.
Pictalio is responsible for the collection and processing of Personal Data.
For any
complaints concerning the processing of Personal Data, please contact the following address:
The following Personal Data may be processed simply for the purpose of using of the Service:
By connecting to the Service, Users warrant that they are fully informed and freely consent to the processing of their Personal Data by PICTALIO.
Users' Personal Data is collected primarily in order to respond to or improve their experience on the
Service.
Users' Personal Data is processed in order to analyse their visits and behaviour and to
permit the proper operation of the Service.
Users' Personal Data also allows the establishment of a marketing service with User consent, including a newsletter, notifications, badges, and the organization of contests.
Personal Data may be collected for administrative purposes or for any other purpose required by the legislation in force.
These data will not be included in commercial transactions in any way, and will not be resold.
Third parties not bound under these General Terms may participate in the processing ofPersonal Data for the aforementioned purposes, as subcontractors within the meaning of the European Personal Data Protection Regulations. These third parties are in particular: Google Analytics, Hotjar.
These third parties have warranted to PICTALIO that their collection and processing of Personal Data will comply with the European Personal Data Protection Regulations of 24May 2016. PICTALIO is therefore not responsible for any non-compliance with the 2016 Regulations by these third parties.
Any complaint relating to the processing of Personal Data by a third party not bound under the General Terms of Use must be made directly to the third party.
Users should be aware that cookies may be installed automatically on their browser software when they use the Service. A cookie is a file that records information concerning the User's browsing activity within the Service. The User may deactivate some of these cookies by modifying the settings of their browser software:
Go to this page at the bottom to see the list of cookies we use.
Having been informed of this possibility, Users freely consent to the installation of cookies by continuing to browse the Service.
In compliance with the General Data Protection Regulation, PICTALIO limits its retention of Personal Data to a period no greater than that required for the purposes for which they are processed. This period may be extended for the period of time necessary for compliance with its legal, ethical and contractual obligations and the defense of its rights.
Within the limits and reservations provided by law, Users have certain rights and remedies with regard to the processing of Personal Data concerning them. Within these limits and reservations, Users have the following rights:
To exercise these rights, Users must prove their identity and make their request by email to the contact address indicated in this article and in the legal notices.
Users may contact the CNIL directly on their website at https://www.cnil.fr/fr/agir or by postal mail at the following address: Commission Nationale de l’Informatique et des Libertés, 3 Place de Fontenoy – TSA 80715, 75334 PARIS CEDEX 07.
PICTALIO may make changes to its Personal Data policy.
If
PICTALIO decides to use Personal Data in any way other than as provided under the version of this
article in force at the time of data collection, such change will be clearly posted on the Service and any
subject Users will be notified.
The User undertakes not to use the Service or its content: (a) for any unlawful purpose; (b) to induce others to perform or participate in illegal acts; (c) to violate any local ordinance or international, federal, provincial or state regulation, rule or law; (d) to infringe or violate any Intellectual Property Rights or the rights of third parties; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that may or will be used to compromise the functionality or operation of the Service or any related website, other websites, or the Internet; (h) to collect or track personal information concerning other persons; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape the web (or any other resource); (j) for obscene or immoral purposes; or (k) to violate or circumvent the security features of the Service, any other website or the Internet.
PICTALIO reserves the right to terminate or block any use of the Service or related
website or application that is found to be in violation of the rules set forth in this article.
PICTALIO allows Users to upload and download Content in the form of "stories."
Content may be downloaded by any User, under the rules set forth below.
To use the Service, the User must
create a personal account. Users registered on the Service have their own specific login credentials for
access. Users are solely responsible for their login credentials, and PICTALIO declines any
liability for the loss or theft of these login credentials.
The Service allows the uploading of Content, which will then be freely downloadable by Users directly from the website and/or the PICTALIO application under a content license granted to them called the "Pictalio License."
PICTALIO reserves the right to delete, reject or block any uploads by a Contributor,
or any acquisition of a Pictalio License by a User due to a pending dispute, or due to an abnormal or bad
faith request, or on any other legitimate grounds.
The Contributor warrants that he or she holds full intellectual property rights to any Content uploaded to the Service, and undertakes not to violate any intellectual property rights by any publication of Content on the Service.
The Contributor warrants that he or she has all the necessary authorizations to upload the Content and
that the uploading of such Content does not violate any image rights. If image rights may possibly be claimed
in regard to any Content the Contributors have posted online, they must verify that they are authorized to
publish the Content, warrant that they are entitled to all such rights, and provide a means for other Parties
to request the authorizations necessary to use the Content.
The Contributor acknowledges that by posting Content online, grant free of charge any rights they may
possibly hold. Under the Pictalio License acquired by one or more User(s) of the Service, any Content uploaded
may in particular be used, reproduced, represented, or communicated, on any medium and in any format, for any
purpose, in particular editorial, commercial or advertising, worldwide, and for the entire duration of the
intellectual property rights concerned, without any limitation or restriction except for compliance with image
rights and moral rights possibly attached to the Content.
The Parties expressly recognize that any moral rights to the Content must be respected. The
Contributor shall therefore notify all other Parties of any credits or other authorship elements that may be
bound to the Content.
Any User granted a Pictalio License undertakes to request the image rights authorizations that may
possibly be required, and to respect any moral rights possibly attached to the Content by including a mention
of the appropriate credits or other authorship elements in the Content.
The Parties expressly acknowledge that the Pictalio License is free of charge and is therefore
released online to Contributors without any compensation and can be acquired by Users free of charge, with no
limit to the number of licenses granted.
Contributors are informed and expressly accept that Content posted online may be used, arranged,
modified, or appropriated by any User who has acquired a Pictalio License for said Content.
In return, the User undertakes to act in good faith, to respect the integrity of the work, to not
cause any detrimental alteration to the work, and to not directly cause prejudice to the Contributor or author
of the Content if they are different. No modification, rearrangement or reappropriation of Content should
create a risk of confusion for the target audience, i.e., it must be informed that the original Content has
been modified,
rearranged, or reappropriated.
PICTALIO makes no guarantee and declines liability regarding intellectual property
rights and image rights to the Content, which are the sole and exclusive responsibility of the Users.
In case of dispute or legal action brought against PICTALIO by a third party
concerning any intellectual property rights or image rights attached to Content, the other Parties undertake
to cooperate fully with PICTALIO.
PICTALIO reserves a discretionary right to refuse the posting of Content or to remove
Content with no obligation to notify Users, in particular in case of any Contributor and/or User
non-compliance with the General Terms, or on any other legal and/or economic grounds, and to ensure the proper
operation of the Service.
If any of the provisions of these General Terms is held to be illegal, invalid, or unenforceable, such provision may nevertheless be applied to the full extent permissible under the law, and the non-applicable part shall be deemed severed from these GeneralConditions without affecting the validity and applicability of any remaining provisions.
These General Terms are subject to French law.
The User may consult the most recent version of the General Terms on this page at any time. At its sole discretion, PICTALIO is entitled to update, modify or replace any part of these General Terms by posting any updates and changes on the Service. Users are responsible for regularly checking to see if any changes have been made. Continuing to use the Service once any changes have been posted to these Terms constitutes acceptance of those changes.
