Terms of Services
Updated February 26, 2013
- conditions of access and use of the website accessible by any means at the url https://www.sharypic.com and through its application (compatible with iPod Touch & iPhone & iPad using the iOS version specified on the App Store) downloadable at this address (hereinafter « the Site »),
- the conditions of use of free services offered by SHARYPIC (hereinafter referred to as « Free Services »),
- the conditions under which SHARYPIC provides users with the Paid Services (hereinafter the « Paid Services »),
- the rights and obligations of the parties in connection with the use of the Site, Free Services, and the sale of Paid Services.
This version of the Terms is provided for information only. The only official version is the french version.
1. Company Details Read more »
The entire Free Services and Paid Services on the Site (hereinafter collectively referred to as « Services ») is proposed by the company SHARYPIC, SAS with a capital of 1000 euros variable, whose registered office at 24 rue Louis Blanc, 75010 Paris, France.
SHARYPIC is registered with the Registre du Commerce et des Sociétés of Paris under number 531 129 666, with the individual VAT identification number FR80 531129666.
You can contact us at the following email address:contact at sharypic dot com.
This is the company that hosts the site SHARYPIC.
2. Acceptance of Terms/Conditions Read more »
Prior to use of the Services and the Site, you agree to the Terms. If you do not agree to the Terms, please log out of the Site and/or uninstall the sharypic mobile app and to not use our services
You express your acceptance without reservation and restriction of the Terms:
- by accessing the Site through any means of electronic communication, your use of the Site, Free Services and ordering of Paid Services offered on the Website.
- by clicking the checkbox provided for this purpose, formalizing your acceptance of the Terms where this is offered.
Any other agreement that may result in the signing of agreements with SHARYPIC conditions.
You can print and save the Terms. You acknowledge that you have read and fully understand and accept the Terms.
The Terms are subject to French law and French standards.
3. Services offered on the Website Read more »
Use of the Services, both free or paid, depending on the criteria outlined in our “offers” page, available at thefollowing adress.
3.1 Overview of Services
3.1.1 Create a Private event, add and share your photos
Through the Site you can store, edit, view, and share your photos with other participants of an event in the same online collaborative storage space created in advance and manage by yourself (hereinafter referred to as « Event »).
If you choose to create a Private Event (hereinafter referred to as « Private Event »), SHARYPIC will not make the Event publicly available and will not allow indexing by search engines.
You are the sole manager of who sees and accesses your event.
You can choose for your Event to be visible to other users by giving them the address of your Event or inviting them from the Site. They can in turn invite other users in the same way.
Guest users are able to access your Event and contribute, by adding their own photos to the Event.
You control the management of your Event for the entire duration of your use of the Site. You are therefore responsible for the moderation of the content of your Event and can decide whether to hide or delete photos from all contributors.
Your Event will remain visible and will be hosted on the Site for the duration specified in the selected offer.
3.1.2 Access and Contribute to a Private Event
If you have been invited by a user who created an Event, you can view and contribute by adding your own photos.
If the Event creator permits, you can also invite others to view the event and contribute.
Your photos can be deleted at any time or moderated by the creator of the event (or Sharypic under the conditions specified in Article 9 of the Terms).
You can also remove content at any time that you have posted on an Event.
3.1.3 Creating a Public Event, add and share your photos
You can create an Event of a public nature (hereinafter referred to as « Public Event »).
You are responsible for the management of your Public Event for the entire duration that the event is available on the Site. You therefore control the moderation of your Event and can decide whether to delete the photos and content from contributors.
If you choose to create a Public Event, your Event will be indexed by search engines, visible and accessible on the Site by any and all means of communication available to partners/consumers of our services.
Your Event will remain visible and will be hosted on the Site during the period specified in the selected offer.
3.1.4 Public Events: View and Contribute
All Public Events are visible to everyone. You can view photos and contribute by adding your own photos.
You can also share any Public Event with other users.
You are informed that your content and photos can be deleted at any time or moderated by the creator of the event (or Sharypic under the conditions specified in Article 9 of the Terms). You can also remove content that you have posted.
Thefollowing pagedescribes the offers of Free and Paid Services and their respective prices.
We also provide custom offer depending on the individual needs of users. This is available by contacting us by email as indicated.
3.3 Conditions for specific use of the PhotoWall
To use thePhotoWall(a Free and/or Paid Services feature) some technical prerequisites are necessary. To use the PhotoWall you must ensure that you have the technical prerequisites as follows:
- Computer with an Internet connection,
- UsingGoogle Chrome,Mozilla FirefoxorSafaribrowsers,
- Screen resolution: 4/3 minimum 1024x768, 16/9 or 16/10 1280x800 or above,
- Connection between screens or computer, for example via a cable
- Recommended displays: LCD or LED or video projector.
It is your responsibility to make sure that you have these technical prerequisites before ordering the Services including the use of PhotoWall. SHARYPIC shall in no event be liable for malfunction or failure of a service because of the absence of these prerequisites or their failures, for any reason.
4. Access to Services - Registration - Profile Read more »
Access to Services requires your acceptance of the Terms. To use certain Services, your registration to the Site by creating a user profile is necessary. For ordering Paid Services, a user profile is mandatory.
To create a user profile on the site, simply complete the form provided for this purpose. Your profile can also be created from the use of a supported third-party service (eg Facebook), thereby authorizing and allowing SHARYPIC to access personal information necessary for creating your user profile, and only after authorization on your part.
However you create your user profile, you agree that your profile information is complete, accurate and maintained throughout the duration of your use of the Site and Services.
After completing the form an email will be sent to confirm the creation of your profile (except if you use third-party service eg Facebook).
Then you can access your profile by entering your username and password or using the chosen third-party service.
SHARYPIC does not store user passwords on its servers. It is your responsibility to remember your passwords or to request a password change on the Site.
You are informed that SHARYPIC may suspend or terminate your profile at any time, in particular due to a breach of the Terms.
5. Sale conditions Read more »
5.1 Prices of Paid Services
Prices for Paid Services indicated on the Site are in Euros, EUR, € or U.S. Dollars, USD, $ - taxes included (VAT) unless otherwise stated. Prices do not include communication costs associated with the use of the Website and Services on the Internet, which remain the responsibility of the user.
SHARYPIC reserves the right to change the price of the Services. Services will be invoiced to the customer on the basis of prices in effect at the time of validation of the order.
5.2 Operation of the Paid Services
The user controls the supply of Paid Services by clicking on the icon associated with the corresponding price.
A summary of the order is then displayed to the user to check the contents and validate or modify the order if necessary. The user is deemed to have knowingly accepted the content, features or service(s), Fee(s), and any necessary technical prerequisites when ordering.
To validate the order, the user must identify if they have a profile or create one according to the conditions set out in Terms.
The user confirms his order by clicking the « Accept Terms » and shall be deemed to have knowingly accepted contents and conditions of the order.
After accepting the Terms, the user makes payment for the Services.
5.2.2 Order Confirmation
After payment of the order, a confirmation email will be sent by SHARYPIC to the email address provided by the user when creating their profile.
Providing a valid e-mail address is mandatory, and the user is solely responsible for its accuracy.
This email includes a summary of the order and the invoice.
5.3 Execution of the order
After payment of the order, the Service chosen by the user is available within a few minutes as described in the Terms, except in case of unavailability of the Site or any other malfunction.
5.4 Conditions of settlement & payment
Settlement for Services ordered is carried out by the means presented on the Site at the point of order confirmation.
Orders are payable in Euros, EUR, € or U.S. Dollars, USD, $.
Management and processing of online payments are not made by SHARYPIC, but by a reputable service provider: PayPal. SHARYPIC will not access or store payment data (credit card number) at any time.
Your bank account or your Paypal account will be charged immediately after the completion of your payment.
The user guarantees to SHARYPIC that they are fully authorized to use the payment method chosen and that they have sufficient funds to cover the costs of the order of Service(s).
SHARYPIC reserves the right to suspend or cancel any orders placed by the user in the event of non-payment or payment incident, regardless of their degree of completion, and can therefore block the Paid Service(s) if necessary.
SHARYPIC reserves the right to sue the customer in the event that the service was provided and not paid for.
6. Modification and Unavailability of the Site and Services Read more »
SHARYPIC reserves the right to modify at any time, and without notice, the Site and the Services.
For any reason, the Site and the Services may be temporarily or permanently unavailable, including during updates, maintenance, unavailability of one or more providers used by the Site or SHARYPIC. In case of such an event, SHARYPIC will inform users whenever possible.
In these cases, you acknowledge and agree that SHARYPIC not be liable for any damages resulting therefrom.
You must keep your own backup of all photos and content posted on the Site. SHARYPIC should not be considered as a single storage space for your photos.
7. Your responsibilities Read more »
You agree not to use the Site and the Services in an illegal manner and to comply with these Terms.
7.1 About your photos
You hold all licenses and rights relating to your contributions (photos and content) in your Event(s) or Event(s) you contribute to.
You guarantee that your photos and content meet any legal and regulatory effect, including intellectual property rights of third parties, the right people, the right to respect of privacy, right of publicity, public order and morals.
All photos and all content displayed on your Event must comply with the Terms and legislation.
You are responsible for backing up your photos and related content.
7.2 About your Event
You are responsible for managing the content of your Event, as well as its distribution.
As such SHARYPIC shall in no event be liable for the Event and its contents, for which it provides no monitoring or moderation.
You are entirely responsible for the management of your Event and all associated photos and data contained therein (for example comments), including that which is added by yourself and by any user with access to your Event.
You can moderate your Event and remove content added by other users. You may also send to SHARYPIC a request for removal of content by contacting thecustomer service.
When you share your photos with others by expressly inviting them to access and contribute to your Event, you unreservedly accept that they can, free of charge and without any prior formalities, view and share your photos with other users on your Event.
If you want to restrict this access, it is your responsibility to change the privacy settings of the Event to restrict users sharing your event to third parties.
You also agree that users have access to your Event can export, print your photos for a strictly private use within a family scope in connection with the Services offered by Sharypic.
It is your responsibility alone to manage the degree to which your Event is shared online. As such, the choice of creating a Private or Public Event is your sole responsibility, as are its consequences. SHARYPIC will in no case be liable for your Event dissemination and generated impact.
7.3 When importing your photos stored on other websites
When you choose to import your photos previously stored on other other websites, it is your responsibility to ensure that such use complies with all the terms and conditions of those sites.
7.4 Regarding the photos to which you have access
As a user of the Site, you agree to use photos for a strictly private use within a family scope which you access via the Services.
SHARYPIC only allows the display of photos on the site, and the sharing of photos with other users through the Services in accordance with the Terms. For any other use of photos on the Site, it is your responsibility to contact the author directly. SHARYPIC is not responsible for any other use of photos.
Any other use report therefore your responsibility.
8. Intellectual property Read more »
8.1 Ownership of the Site
The Site and all of its components are the sole property of the company SHARYPIC, which allows you to access the Site and use the Services subject to your acceptance and compliance with these Terms.
The Site, the entirety of its technical components (except the content of events which remain the property of their authors) as well as the brand « sharypic » are protected under intellectual property.
Any reproduction of content available on the Site is strictly prohibited.
So that you may use the Services and benefit from the features of the Site, you authorize SHARYPIC to reproduce and adapt your photos if necessary (in terms of format and display) on any medium, for free, and non-exclusive worldwide, for the duration of the Event.
You authorize SHARYPIC to transfer (in any medium, both physical or digital) part or all of the photos displayed on your Event to a user of the Site with access to your Event and in accordance to the Terms, fora strictly private use within a family scope. If you do not want to provide us with such permission, please notify thecustomer serviceof your request.
You guarantee to SHARYPIC that you have all rights and permissions regarding your photos, and you can grant us that permission.
SHARYPIC does not hold any intellectual property rights to the photos posted on the Site.
9. Responsibility of SHARYPIC Read more »
9.1 Plan of liability related to the quality of provider of SHARYPIC
The user is solely responsible for the content they publish and photos that are displayed on their Event.
Because of its quality of hosting provider, we remind you that the company SHARYPIC is not subject to a general duty of supervision of the information stored or transmitted, nor a general obligation to seek facts or circumstances indicating illegal activity.
In contrast, when clearly illegal content is brought to its attention, SHARYPIC will promptly remove this data and make access impossible according to the laws and regulations involved.
In no event shall SHARYPIC responsibility cannot be engaged when restricting access to such data, when the content is manifestly illegal or likely to be.
9.2 Limitation of Liability
SHARYPIC can not be held responsible in the following cases:
- custom configuration or user equipment not meeting the prerequisites
- delay in the provision of the Service for any reason outside the control of SHARYPIC
- non-compatibility, hardware failure, or problems with user login
- any violation of law, problems arising from non-compliance of image rights and intellectual property rights of third parties
- disappearance of content stored or hosted by other providers (eg. Picasa, Facebook, Twitter, Flickr, Instagram, Twitter…)
- content added to the Event impacting organizers, participants or any user accessing the Event via the Site or PhotoWall or the embeddable widget
- any damage resulting from non-compliance with the Terms
SHARYPIC disclaims any liability for any distress caused to the user during the use of the Site and Services, whether direct, indirect, foreseeable or not.
SHARYPIC can not be held liable in the event of non-performance of its obligations due to a third party, the fault of the user or any event that was not reasonably within the exclusive control of SHARYPIC.
10. Report clearly illegal content Read more »
A flagging feature allows you to simply report clearly illegal content by sending an email tocustomer service.
Accordance with the Law n°2004-575 of 21 June 2004 on Confidence in the Digital Economy, this notification must contain the following elements:
- the date of the notification
- if the notifier is a person: full name, occupation, residence, nationality, date and place of birth ; if the applicant is a corporation: its form, its name, headquarter address
- the legal entity name and address of the consignee or, in the case of a corporation, its name and its headquarter address
- description of the facts and their precise location
- the reasons for which the content should be removed, including the legal justifications and facts
- copy of the correspondence with the author or publisher of suspicious activities requiring intervention, withdrawal or modification, or justification of why the author or publisher could not be contacted.
11. Signature and Proof Read more »
The digital receipts stored in SHARYPIC computer systems or its service providers will be considered as evidence of trade between the parties.
The Parties undertake to consider all documents and e-mails within the present and their performance as original documents linking and thus intend to assign probative value to the electronic documents.
The email address of the user and/or password is considered proof of identity and outweighs the due sums incurred by the confirmation of the order.
Providing the credit card number and order confirmation shall constitute proof of acceptance of the order and outweigh the payment of the amounts incurred by the confirmation of the order.
12. Customer Service Read more »
13. Contact SHARYPIC Read more »
By using the Site and Services, you agree that trade with SHARYPIC be mainly electronic (email), except in the cases that would be required by law or other special cases.
14. Data Protection / Privacy Read more »
SHARYPIC respects the protection of personal data of users of the Site.
15. Updates of the Terms Read more »
SHARYPIC can change and update at any time and without notice the Terms. These changes will be posted on the Site and will be effective immediately.
You acknowledge and agree that your access to the Site or your use of the Services after the publication of the new Terms constitutes your acceptance of the modified Terms.
For Paid Services, the order will be subject to the Terms starting at the time of the user payment.
The date of the last update will be posted on the Terms.
16. General Read more »
If one of the parties does not avail itself of the Terms, this can not be considered as a waiver of rights held by that party under this stipulation.
In the event that one or more provisions of the Terms are held to be invalid or declared as such by the application of any law, regulation or following a final decision of a competent court, the other provisions remain in full force and effect.
Law - litigation
The present Terms are submitted to French law.
In case of litigation, the parties will try to reach an agreement before any judicial proceeding. If no agreement can be reached, any claim regarding the validity, the interpretation and/or the execution of the Terms will have to be brought before a French court and thus even if there are multiple defenders or in case of guarantee enforcement.
The courts located in the jurisdiction of the SHARYPIC headquarters are designated as competent in any proceedings related to the use of the Site and the application or interpretation of these Terms.