PREAMBLE

Statigram is pleased to give you access to the Statigram website, www.statigr.am, (hereafter known as the “Site”) and to give to any entity (company, organization, association) (hereafter known as the “Client”) (i) a right to use Statigram contest tool (hereafter known as the “Contest Tool”) in order to enable them to create and to organize a photo contest (hereafter known as the “Photo Contest”) and/or (ii) a right to use Instagram feed application (the “Application”) in order, in particular, to enable them to promote on the their Facebook fan page the photos of their Instagram account. An exhaustive list of the functionalities and features of the Application appears on the Site (the “Features”).

These Terms and Conditions (hereafter known as the “Terms and Conditions”) are between Tripnity, a French simplified joint-stock company with capital of 150,000 euro, whose registered head office is located at 5, rue des Arènes, (87000) Limoges registered with the Paris company and commercial register under number 480 850 346 (hereafter known as “Statigram”) and its Clients which gives an order to use the Contest Tool et/or the Application.

1. PURPOSE

The purpose of these Terms and Conditions is to define (i) the terms and conditions under which Statigram shall transfer a right to use the Contest Tool to Clients in order to enable them to create and to organize a Photo Contest and (ii) the terms and conditions under which Statigram shall transfer a right to use the Application to Clients in order, in particular, to enable them to promote on their Facebook fan page the photos of their Instagram account.

Those Terms and Conditions define Statigram’s obligations to its Clients and Client’s obligations to Statigram.

2. ACCEPTANCE OF TERMS OF USE

The Client acknowledges having read and understood those Terms and Conditions and the Terms of Use Statigram Site (hereafter known as the “Terms of Use Statigram Site”).

Those Terms and Conditions shall be considered part of the Terms of Use Statigram Site which together governs the use of the Contest Tool and/or of the Application and constitute the entirety agreement between the Client and Statigram in respect to the use of the Contest Tool and/or the Application.

By using the Contest Tool or the Application, or by organizing a Photo Contest, Client expressly agrees to be bound by the Terms of Use Statigram Site and by the Terms and Conditions, in their entirety and without exception.

Statigram may revise and update the Terms of Use Statigram Site and/or the Terms and Conditions at any time without giving Clients any prior notice. Such modifications shall be effective immediately upon posting of the modification on the Site.

The actual Terms of Use Statigram Site and the actual Terms and Conditions will always be published on the Site.

Client’s continued use of the Contest Tool or of the Application after Statigram publishes the new version of the Terms of Use Statigram Site and/or Terms and Conditions on the Site acknowledges its acceptance to such new version.
Therefore, it is important that Client regularly read the Terms of Use Statigram Site and the Terms and Conditions to ensure that Client is aware of any modifications that might have been made to the Terms of Use Statigram Site and/or to the Terms and Conditions.

3. AUTHORITY

By using the Contest Tool and/or the Application, Client warrants and guarantees Statigram that: (i) Client is an entity (company, organization or association), and (ii) Client’s use of the Contest Tool or of the Application does not contravene any laws or regulations in force.

4. TECHNICAL CONFIGURATION

Client acknowledges having the technical resources and abilities required for access to the Site and to use the Contest Tool and/or the Application.

5. ORDER

5.1 Account creation

Before ordering a Photo Contest or using the Application, Client has to create an account (hereafter known as the “Client’s Account”) on the Site. The creation of the Client’s Account includes a username and a password (hereafter known as the “Login Details”) to access the Client’s platform (hereafter known as the “Client’s Platform”).

Client is fully liable for keeping the Login Details secret. Client agrees not to use the Account or the Login Details of another client at any time, nor to disclose his Login Details to a third party.

Client is solely liable for any use of his Account by himself or by any third party. Statigram cannot be held liable for any misuse or fraudulent use of Client’s Login Details.

Any instructions received by Statigram which include Client’s Login Details shall be presumed to have been submitted by the Client.

To create a Client’s Account, Client shall indicate its time zone (GMT) and its e-mail address.

5.2 Photo Contest creation

To create a Photo Contest, Client shall (i) complete the entry form with the following information: entity’s name, contest name, contact information (email address, Client’s address, European Union VAT number if applicable), prizes, winner selection criteria, number of winners, start date, end date, geographical area of the Photo Contest, the hashtag of the Photo Contest if demanded, (ii) download and transfer to Statigram the specific Photo Contest Rules which applies to the Photo Contest.

When create a Photo Contest, Clients warrants and guarantees Statigram that information provided is accurate, honest, complete and current.

Client shall inform Statigram immediately in case if some or all of this information changed or are not valid any longer. Client shall notify Statigram in written, by letter, fax or email of any modification.

5.3 Use of the Application

To use the Application you shall (i) download and access a copy of the Application on the Site, (ii) enter your credentials Instagram in order to automatically bring all photos of your Instagram account.

In addition, Client may order one or more photo feed(s) associated with one or more hastag(s) (hereafter known as the “Photo Feed”).

6. MODERATION

Client may order to Statigram a moderation pack in order to moderate one or more photos on the Photo Feed or on the Photo Contest (hereafter known as the “Moderation Pack”).

In this case, Client is the moderator and shall reject any photos which do not meet Statigram requirements expressed in these Terms and Conditions or in the Terms of Use Statigram Site.

Client assumes all liability regarding the use of the Moderation Pack.

7. INTELLECTUAL PROPERTY

The Contest Tool, the Application and the Documentation, as this term is defined below, are protected by intellectual property provisions, in both France and other countries.

Any and all intellectual property rights associated with the Contest Tool, the Application and the Documentation, or any copies or part thereof, are the sole property of Statigram.

Client shall not acquire any title, copyright or other proprietary rights in the Contest Tool, the Application and the Documentation or any copy or part thereof.

Clients shall procure that any Participant in any Photo Contest organized by them is the owner of any and all intellectual property rights pertaining to any photo uploaded by such Participant during a Photo Contest.

8. LICENSE

8.1 License to use

Statigram grants the Client a limited, personal, worldwide, nonexclusive, non-sublicensable, nontransferable and revocable license to use the Contest Tool and the Application in accordance with the terms hereof (the “Licence”).

8.2 Limitations of use

Statigram reserves all rights not expressly granted in these Terms and Conditions, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest on the Contest Tool and on the Application.

Without limiting the generality of the foregoing or any other provision hereof, Client shall not have the right to:

• Let any third party use the Contest Tool and/or the Application, but only their employees;
• Rent, lease or sublicense, either partially or totally, the Contest Tool and/or the Application;
• Copy, modify, adapt, or make any amendment to the Contest Tool and/or to the Application;
• Correct any error affecting the Contest Tool and/or to the Application;
• Use copyrighted, trademarked or other protected intellectual property without the written consent and authorization of the owner of such property;
• Reproduce, or permit any third party to reproduce or use the Contest Tool and/or the Application;
• Use the Contest Tool and/or the Application in any manner or for any purpose that violates any law or regulation, any right of any person, including but not limited to intellectual property rights, rights of privacy, or rights of personality.

9. ABOUT THE PHOTO CONTEST

9.1 The Photo Contest Rules

For each Photo Contest, Client shall create a specific Photo Contest Rules.

Client shall transfer the Photo Contest Rules to Statigram when he creates a Photo Contest.

Client procures and guarantees Statigram that the Photo Contest Rules are available online, for free, via a hyperlink, and can be read by each Participant, online, at any time, and before the start date of each Photo Contest. However, Client shall reimburse any costs or expenses exposed by any Participant in order to obtain a copy of the Photo Contest Rules upon request of such Participant.

Client shall allow each user or participant to a Photo Contest (hereafter known as the “Participant”) to obtain, at any moment, a copy of a Contest Photo Rules free of charge.

Client shall be solely liable for the compliance of Photo Contest Rules with applicable law, in particular with French Law, and warrants Statigram that Photo Contest Rules does not violate any law or regulation in effect.

To the extent there is an inconsistency or conflict between a term in the main body of these Terms and Conditions, Terms of Use Statigram Site or Photo Contest Rules, the following order of precedence shall apply:

• first, Terms of Use Statigram Site;
• secondly, the Terms and Conditions; and
• thirdly, the Photo Contest Rules.

9.2 About the organizer of the Photo Contest

It is expressly agreed that Client is the organizer of the Photo Contest and assumes all liabilities regarding his Photo Contest.

Statigram is merely the owner of the Contest Tool which enables Client to create and to organize a Photo Contest.

9.3 Photo specification

Client decides the specifications of the photos for each Photo Contest.

Client reserves the right to reject uploaded photos and shall be solely liable for the contents of uploaded photos.

Statigram cannot be held liable for the rejection photo decided by the Client.

9.4 Theme

The theme of each Photo Contest is decided by the Client.

9.5 Winner selection criteria

Winner’s selection criteria shall be indicated by the Client in each Photo Contest Rules.

Client procures and guarantees Statigram that all winners are chosen on the basis of the merits of their photos, and never on a random basis.

In case of ex aequo (equal votes), the winner will be the Participant who first submitted or downloaded his photo.

9.6 Voting

Photo Contest winners are chosen by visitors of the Site or/and by jury. Winner’s voting criteria shall be indicated by the Client in the Photo Contest Rules.

9.7 Prizes

Photo Contest winners receive money or some other prize. The prize shall be indicated by the Client in the Photo Contest Rules. Photo Contest Rules shall contain an inventory of prizes/lots, indicating for each of them, their nature, their number and their commercial value.

Client may organize a Photo Contest without any prizes/lots. In this case, Photo Contest Rules shall expressly provide that the Photo Contest winner shall not receive any prizes/lots.

10. ABOUT THE APPLICATION

In addition to these Terms and Conditions and any other polices and requirements of Statigram, Client must abide by all of the rules, general terms and conditions of use, regulations and other policies of Facebook, including without limitation the Facebook Statement of Rights and Responsibilities.

Should Client fail to adhere to the policies of Facebook, and without limiting any rights of Statigram or any of Client’s obligations hereunder, Statigram reserves the right to terminate Client’s use of the Application.

11. FINANCIAL CONDITIONS

11.1 Price

In consideration of the right to use the Contest Tool, Client shall pay to Statigram the price (hereafter known as the “Price”) for each photo Contest indicated on the Site.

The right to use the Application is free of charge. The right to add the first Photo Feed with one hastag is free of charge. After the addition of the first Photo Feed with one hastag, the addition of one or more Photo Feed(s) associated with one or more hastags is payable for each Photo Feed (hereafter known as the “Price”). In consideration of the right to add a Moderation Pack, Client shall pay to Statigram the price for each Moderation Pack, (hereafter known as the “Price”).

The detailed amounts of the Price of the Photo Contest, of the Photo Feed and/or of the Moderation Pack are available on the Site.

All Prices are in the currency indicated on the Site and are expressed without VAT. VAT, if applicable, is charged at the end of the registration process where the total amount of the order is indicated.
Prices indicated are fix prices and are not negotiable.

Statigram reserves the right to, and Client acknowledges and agrees, that Statigram may modify, including without limitation the Features of the Application and the Contest Tool, and the costs and Prices associated with the Application, the Contest Tool and the Photo Contest at any moment and without notice.

Statigram reserves the right to, and Client acknowledges and agrees, that Statigram may modify, including without limitation the Features of the Application and the Contest Tool, and the costs and Prices associated with the Application, the Contest Tool and the Photo Contest at any moment and without notice.

Statigram shall not be liable to you, or to any third party, for any damages, costs, expenses or other liabilities related to any modification of these Terms and Conditions or Price change.

Client agrees that all invoices for using the Contest Tool or the Application are transmitted to the Client by email to the address provided by the Client in the contact information. Therefore, the email provided by the Client in the contact information shall be available seven (7) days a week. Client can ask Statigram to send a printed invoice. This invoice will be charged of a reasonable amount for stamp and administrational work.

If a Statigram invoice remains unpaid five (5) working days before the end date of the Photo Contest, the Photo Contest will be suspended until complete payment of the Price by the Client.

In the event of late payment, Statigram reserves the right to charge interest in respect of the undisputed late at the rate of two percent (2%), from the due date thereof until full payment.

11.2 Payment conditions

When giving an order to use the Contest Tool or to organize a Photo Contest, Client shall pay immediately the amount of the Price online either by credit card over the Paypal or by bank transfer. If Client decides to use bank transfer, Client shall pay the amount of the Price on the bank account indicated by Statigram on the invoice send to Client by email.

When giving an order to add a Photo Feed and/or a Moderation Pack, Client shall pay immediately the amount of the Price online by credit card over the Braintree payment solution.

Payment is carried out via an electronic payment terminal hosted on a secure server, which ensures the security and validity of transactions. The Client’s bank details are encrypted and are never sent to Statigram.

All payments made to Statigram in connection with the Photo Contest or with the Application, are non-refundable and Statigram does not offer and is not required to provide, any refunds or credits. There is no circumstance in which Client will be entitled to, or Statigram is required to provide, a refund or credit.

If Paypal or Braintree does not accept any credit card payment, Statigram will not execute any order, will not create any Contest Tool and will not grants any license to use the Application.

For Paypal payments please check also the Paypal General Terms and Conditions on the page www.paypal.com. By paying via Paypal, Client expressly agrees to be bound by the Paypal General Terms and Conditions.

For Braintree payments, please check also the Braintree Privacy Policy and all Braintree Terms and Conditions applicable to you on Braintree’s internet site. By paying via Braintree, Client expressly agrees to be bound by the Braintree Privacy Policy and all Braintree Terms and Condition

In case of expenses invoiced to Statigram by Statigram’s bank for payment default attributable to the Client (for example, a lack of funds in the account), all of these expenses will be invoiced to the Client.

12. STATIGRAM’S OBLIGATIONS

Statigram shall provide Client, for each Photo Contest, with:

• a public URL which allows Client to see all photos of all Participants in a specific Photo Contest;
• a statistics dashboard which Client shall access by clicking on “details”;
• a full Participant listing in CSV which enables Client to see all Participants in a Photo Contest;
• a tool in order to publish winners in the Client’s contest page.

13. CLIENT’S OBLIGATIONS

Client shall provide all necessary, correct and complete information to Statigram. Under no circumstances Statigram shall be liable for information submitted by the Client and any loss or damage that may arise from this information. Client shall indemnify Statigram for any costs or expenses arising from any damage or loss coming directly or indirectly from wrong, incomplete or erroneous information provided by Client or a third party who has access to its account.

Client shall provide Statigram with all necessary documents to create and to organize a Photo Contest, in particular with a Photo Contest Rules. If those documents are not valid, or not available when requested by the Site at the creation of a Photo Contest, Statigram cannot create a Photo Contest. Statigram cannot be made liable from any loss or damage arising from this failure.

Client shall take all necessary steps to ensure that documents provided to Statigram for the creation of a Photo Contest, and in particular the Photo Contest Rules, does not violate any law or regulation currently enforceable in France or elsewhere in the world where the Photo Contest is accessible to Participants. If this is not the case, Client will be solely liable for any breach of such rules or laws.

Clients are themselves liable for each photo or text, comment, hashtag, video, audio, image or any other material or content (the “Content”) the Photo Contest or on the Client’s Facebook fan page by using the Application. Client shall verify and assure that the Content, in particular, each photo uploaded or published on the Contest Tool and/or on the Client’s Facebook fan page is legal. If Statigram sees that there are illegal or illicit Contents, Statigram reserves the right, as its sole discretion, to withdraw any illegal or illicit Content, suspend or cancel the Photo Contest or Client’s access to the Application, suspend or interrupt Client’s access to all or part of the Site, suspend or interrupt Client’s access to all or part of the Client’s Facebook fan page, at any time and for any reason, with or without prior notice or explanation, and without incurring any liability in this respect. In this case, the Price paid by the Client is lost and will not be refunded.

Statigram cannot be held liable for any damage or loss of any Content, documents or any other information that are stocked on a Contest Tool or on the Client’s Facebook fan page. Clients are solely liable for backups of these Contents and documents.

Client procures and guarantees Statigram that any Participant in any Photo Contest organized by Client expressly agrees to be bound by Terms of Use Statigram Site.

Client shall reimburse any costs or expenses exposed by any Participant in connection with his participation in any contest upon request of such Participant.

Client shall not send emails including viruses, trojan horses or other similar contents. Client will be entirely liable for any damage or loss due to these contents.

Client shall use the Application in accordance with the Documentation and these Terms and Conditions.

Client shall use their best efforts to prevent the unauthorized use of the Contest Tool, of the Application or the Documentation.

14. DATA PRIVACY

Client hereby declares and warrants that he complies with any and all applicable regulations, including but not limited to, any law relating to intellectual property and protection of personal data.

15. RELATIONSHIP BETWEEN THE PARTIES

These Terms and Conditions may under no circumstances be interpreted as creating any sort of agreement to act as an authorized agent on behalf of either party.

Statigram and the Client may under no circumstances be held jointly and severally liable as to any obligation or right provided herein.

16. WARRANTIES

Statigram warrants, represents and undertakes to the Client that Statigram has full authority to license the Contest Tool and the Application to the Client.

17. RELEASES

Client hereby represents and warrants (i) that each photo uploaded and published on the Photo Contest is an original work created solely by the Participant who downloaded this photo, (ii) that any Content published on the Photo Contest and any Content appearing on the Client’s Facebook fan page does infringe any third party’s intellectual property rights, copyrights, trademarks, moral rights, rights of privacy/publicity or personal rights, and (iii) that no other person or entity has any right, title, claim or interest in this Content.

If any photo contains any material or elements that are not owned by the Participant and/or which are subject to the rights of third parties, and/or if any persons appear in the photo, Client shall verify, prior to the publication of this photo on the Photo Contest, that the Participant obtained all releases and consents necessary to permit the publication and the use of the photo in the manner set forth in these Terms and Conditions without additional compensation. If any person appearing in any photo is under the age of majority in their country/territory/state of residence the signature of a parent or legal guardian is required on each release.

Client is fully liable for any Content uploaded or shared by the Client via the Contest Tool and/or via the Application.

Client hereby represents and warrants that each Participant authorizes Statigram to distribute and to display the photo downloaded on the Photo Contest in any social networks such as Facebook and Twitter in order to promote the Photo Contest.

Client shall not upload or share Content that infringes the law or third party rights, or which includes activities or statements which are discriminatory, offensive, obscene or defamatory or which may cause offence to others on grounds of nationality, ethnicity, gender, sexuality, religion, faith or disability.

Client hereby represents and warrants that each Participant authorizes Statigram to use and to publish the following information on the winners – their name, postcode, city and country, and earnings, in any media, without limitation and without giving them compensation, right or any benefit other than the allocation of their prizes.

Client shall, at its own expense, obtain from any third party (including, but not limited to, any Participant) any consent necessary to any of the foregoing. Client shall indemnify and hold Statigram harmless from any claim by any third party (including, but not limited to, any governmental authority or court of jurisdiction) based, in whole or in part, on any breach, by Client, of any of the foregoing.

18. STATIGRAM’S LIMITED LIABILITY WITH RESPECT TO THE SITE, TO THE CONTEST TOOL AND TO THE APPLICATION

Statigram will make every effort to keep the Site, the Contest Tool and the Application operational.

Statigram does not make any representation or warranty that the Application will be free from any blocking or non-blocking defect, minor error or hidden defect.

Due to the technical uncertainties of the Internet and the policies of technical contractors, Statigram reserves the right to temporarily suspend the use of the Site and/or the Contest Tool and/or the Application and/or any Photo Contest for technical reasons or maintenance. Such suspension of services does not confer any right to compensation to the Client. Statigram shall use its best efforts to limit these interruptions.

Client agrees not to hold Statigram liable for any of the consequences of such suspension or interruption.

19. RETRACTION PERIOD

The Client expressly recognizes that the performance of Statigram Photo Contest shall begin immediately upon payment.

The Client expressly recognizes that the performance of Features shall begin immediately upon payment.

The Client may not exercise any right of retraction.

20. GOOD USER CONDUCT

Client guarantees Statigram that any photo or Content posted by him on or through the Site and/or on the Photo Contest and/or on the Client’s Facebook fan page through the Application infringes any Participants rights, any third party rights and any applicable law and regulations in force.

Client agrees not to use the Site or the Contest Tool or the Application to:

• organize a Photo Contest under conditions contrary to any applicable laws and regulations and these Terms and Conditions;
• using the Contest Tool, the Application or the Site unlawfully or under conditions which could damage, deactivate, overload or alter the Site ;
• publish on the Site or on the Photo Contest or on the Client’s Facebook fan page through the Application or allow Participants to publish on the Photo Contest any Content (i) that do not meet the conditions set forth in the Terms and Conditions; (ii) that do not comply with the Site politics; (iii) that is pornographic, racist, anti-Semitic, discriminatory, paedophiliac, racial, vulgar, obscene, fraudulent, illegal, injurious, defamatory, (iv) that encourages violence or criminal acts, (v) that infringes third party rights or violate local, domestic or international laws or regulations, (vi) shows dead animals or people, blood or blood imitation, or similar contents, (vii) or which is in any other way reprehensible as determined in the sole and absolute discretion of Statigram. In this case, Statigram reserves the right, as its sole discretion, to withdraw any uploaded photos or Content, suspend or cancel the Photo Contest, suspend or interrupt Client’s access to all or part of the Site, suspend or interrupt Client’s access to all or part of the Application, at any time and for any reason, with or without prior notice or explanation, and without incurring any liability in this respect.
• download, publish, transmit, share or make available Contents which are not exclusively private contents originally created by the Participants ;
• publish any personal data on a Participant or third party such as addresses, telephone numbers, e-mail addresses or bank card numbers ;
• publish information that could cause or create a risk of breaching the confidentiality of any person or entity or harm to any person or entity ;
• make or encourage unlawful or unauthorised copies of Participants or third party Contents protected by copyright ;
• carrying out commercial and/or sales activities without the prior written consent of Statigram.

21. REIMBURSEMENT OF INTERNET CONNECTION

According to provisions of section L. 121-36 of the French Consumer Code, access to the Site and participation to a Photo Contest are to remain entirely free to Participants.

Therefore, Client shall reimburse any costs or expenses exposed by any Participant in connection with his participation in any contest upon request of such Participant.

22. TERMINATION

The License is freely revocable and terminable by Statigram at any time and for any or no reason, without any prior notice from Statigram.

Without limiting the foregoing, this revocable License shall automatically be revoked and terminated upon any violation of these Terms and Conditions or any other Statigram’s rule, regulation or policy.

Client agrees that Statigram, in its sole discretion, may suspend Client’s use of the Contest Tool and/or of the Application, at any time and for any or no reason, without any prior notice from Statigram.

Upon such revocation, suspension or termination, Client shall immediately discontinue use the Contest Tool and/or the Application and destroy any materials (electronic or otherwise) related to the Contest Tool and/or to the Application that remains in his possession or control.

Further, Client agrees that Statigram shall not be liable to Client or any Participant or third party for any revocation, termination or suspension of Client’s access to the Contest Tool or to the Application or to the Client’s Facebook fan page.

23. FORCE MAJEUR

The obligations provided in these Terms and Conditions will be suspended in case of force majeure. Statigram may not be held liable for any lateness or failure to use the Contest Tool or the Application or to access to the Client’s Facebook fan page, or to execute a Photo Contest ordered by the Client.

If the force majeure event lasts for more than forty (40) days, each party may terminate these Terms and Conditions with immediate effect, without compensation.

24. INDEMNIFICATION

Client agrees to defend, indemnify and hold Statigram’s and its affiliates’ directors, employees and agents, as well as any Participant in any Photo Contest organized by the Client, harmless from any and all claims, liabilities, costs and expenses, including attorneys’ fees, arising in any way from Client’s use of the Contest Tool or Client’s use of the Application or Client’s breach or violation of the law or of these Terms and Conditions, including, but not limited to, any violation by any contest created by the Client using the Contest Tool (or any Participant in such Photo Contest) of any applicable law or regulation or third party rights, including, but not limited to, intellectual property rights.

25. LIMITATION OF LIABILITY

Statigram’s maximum amount of liability to the Client and/or any Participant and/or any third party under these Terms and Conditions is limited, whether in tort, negligence or on any other grounds, to the Price paid by the Client to Statigram for the License, within a limit of 500 euro.

In no event shall Statigram be held liable for any damage caused to Client directly or indirectly, or to any Participant or third party through Client’s action or the action of Client’s employees.

Statigram makes no representations about the results to be obtained from using the Contest Tool and/or the Application. Under no circumstances may Statigram or its directors, officers, employees or representatives be held liable for any indirect incidental or consequential damage, including but not limited to any loss of profits, loss of data or loss of business opportunities resulting from the use of the Site, the use of the Contest Tool, the use of the Application, any Contest Tool content, any Client’s Facebook fan page Content downloaded through the Application or other elements accessible from or downloaded from the Site, even if Statigram was aware of, or had been informed of the possibility of the occurrence of such damage.

26. SEVERABILITY

If one of the stipulations of these Terms and Conditions is void, non-enforceable or becomes null and void, this shall not affect the other stipulations, which shall remain in full force and effect.

27. DISPUTES

These Terms and Conditions shall be governed by, and construed in accordance with, French Law.

Any dispute arising from, or in connection with, these Terms and Conditions, shall be submitted to the exclusive jurisdiction of the French courts in Paris, France.

PREAMBLE

Tripnity, a French simplified joint-stock company with capital of 150,000 euros, whose registered head office is located at 5, rue des Arènes, (87000) Limoges registered with the Paris company and commercial register under number 480 850 346 (hereafter known as “Statigram”) operates the website hosted at www.statigr.am, (hereafter known as the “Site”).

You may use the Site if you are an individual for your personal, non commercial use. Such individual is referred to herein as the “Visitor”.

You may use the Site if you represent a commercial entity (company, organization, association) or if you are an individual who wants to use Statigram contest tool (hereafter known as the “Contest Tool”) in order to create and to organize a photo contest (hereafter known as the “Photo Contest”). Such commercial entity/individual is referred to herein as the “Organizer”.

You may also use the Site if you are an individual who wants to participate in a Photo Contest. Such individual is referred to herein as the “Participant”.

The term “User” refers to Visitor and to Participant collectively.

Please carefully read these terms of use (hereafter known as the “Terms of Use Statigram Site”). If you refuse to be bound by these Terms of Use Statigram Site, you must leave the Site.

1. ACCEPTANCE OF TERMS OF USE

By using the Site, you expressly agree to be bound by these Terms of Use Statigram Site, in their entirety and without exception, whether you are a User or an Organizer.

By participating in a Photo Contest, the Participant agrees to be bound by these Terms of Use Statigram Site and by the Photo Contest Rules (as defined hereafter), in their entirety and without exception.

By using the Contest Tool, the Organizer agrees to be bound by these Terms of Use Statigram Site and by the Terms of Use Statigram Contest Tool, in their entirety and without exception.

These Terms of Use Statigram Site constitute the entirety of the agreement between the User and Statigram in respect to the use of the Site.

These Terms of Use Statigram Site and all Photo Contest Rules constitute the entirety of the agreement between the Participant and Statigram in respect to its participation in a Photo Contest.

These Terms of Use Statigram Site and all Terms of Use Statigram Contest Tool constitute the entirety of the agreement between the Organizer and Statigram in respect to the use of the Contest Tool.

If there is an inconsistency or conflict between a term in the main body of these Terms of Use Statigram Site, Terms of Use Statigram Contest Tool or Photo Contest Rules, the following order of precedence shall apply:

• firstly, Terms of Use Statigram Site;
• secondly, the Terms of Use Statigram Contest Tool; and
• thirdly, the Photo Contest Rules.

2. PURPOSE

These Terms of Use Statigram Site are intended to define the terms and conditions under which User and Organizer agree to use the Site.

3. MODIFICATION OF TERMS OF USE

Statigram reserves the right to modify or to amend these Terms of Use Statigram Site, at any time, without giving the User/Organizer any prior notice. Such modifications shall be effective immediately upon posting of the modification on the Site.

The actual Terms of Use Statigram Site will always be published on the Site.

The User’s/Organizer’s continued use of the Site after Statigram has posted an updated version of the Terms of Use Statigram Site implies the User’s/Organizer’s consent to the Terms of Use as modified or amended.

Consequently, it is important that the User/Organizer regularly reads these Terms of Use Statigram Site to ensure that they are fully aware of any changes that may be made to them.

4. ACCOUNT CREATION

Before using the Site, the User/Organizer has to create an account on the Site (hereafter known as the “Account”). The creation of the Account includes a username and a password (hereafter known as the “Login Details”) to access the User’s/Organizer’s platform.

To create an Account, the User/Organizer shall also indicate its time zone (GMT) and its e-mail address.

The User/Organizer is fully liable for keeping the Login Details secret. The User/Organizer agrees not to use the Account or the Login Details of another person at any time, nor to disclose his Login Details to a third party.

The User/Organizer is solely liable for any use of his Account by himself or by any third party. Statigram cannot be held liable for any misuse or fraudulent use of the User’s/Organizer’s Login Details.

5. AUTHORITY

By using the Site, the User/Organizer warrants and guarantees that: (i) any information he provides when subscribing to the Site is true and correct, and (ii) User/Organizer use of the Site does not contravene any laws or regulations in force.

6. TECHNICAL CONFIGURATION

By using the Site, the User/Organizer acknowledges having the technical resources and abilities required for accessing to the Site and using the Contest Tool.

7. ABOUT THE PHOTO CONTEST

The Site hosts Photo Contests created by the Organizer.

7.1 About the Organizer of the Photo Contest

The Organizer of a Photo Contest assumes all liabilities regarding the Photo Contest created by him. Statigram is merely the owner of the Contest Tool that enables the Organizer to create and to organize a Photo Contest.

7.2 About the Photo Contest Rules

For each Photo Contest with prizes, the Organizer shall create a specific Photo Contest Rules (hereafter known as the “Photo Contest Rules”).

The Participant expressly agrees to read such rules, comply with them and only participate in such contests under and pursuant to the terms thereof.

Participant shall be able to obtain, at any moment, a copy of a Photo Contest Rules free of charge.

The Photo Contest Rules are available online, for free, via a hyperlink, and can be read by each Participant, at any time, and before the starting date of each Photo Contest. However, the Organizer shall procure that any costs or expenses incurred by any Participant in order to obtain a copy of the Photo Contest Rules shall be fully reimbursed at such Participant at first request.

7.2 Reimbursement of internet connection

According to provisions of section L. 121-36 of the French Consumer Code, access to the Site and participation to a Photo Contest are to remain entirely free to Participants.

Therefore, the Organizer shall procure that any costs or expenses incurred by any Participant in order to participate in a Photo Contest shall be fully reimbursed at such Participant at first request.

7.3 Photo specification

The specifications of the photos for each Photo Contest are decided by the Organizer and are indicated in the Photo Contest Rules.

The Organizer reserves the right to reject uploaded photos and shall be solely liable for the contents of uploaded photos. Statigram cannot be held liable for the rejection of a photo decided by the Organizer.

7.4 Theme

The theme of each Photo Contest is decided by the Organizer and is indicated in the Photo Contest Rules.

7.5 Winner selection criteria

Winner’s selection criteria are indicated by the Organizer in each Photo Contest Rules.

For each Photo Contest, winners are chosen on the basis of the merits of their photos, and never on a random basis.

In case of ex aequo (equal votes), the winner will be the Participant who first submitted or downloaded his photo.

7.6 Voting

Photo Contest winners are chosen by visitors of the Site or/and by jury. Choice of the winner’s voting criteria are indicated by the Organizer in the Photo Contest Rules.

7.7 Prizes

Photo Contest winners receive money or some other prize. The prizes are indicated by the Organizer in the Photo Contest Rules. Photo Contest Rules shall contain an inventory of prizes/lots, indicating for each of them, their nature, their number and their commercial value.

Some Photo Contests may be organized without any prizes/lots. In this case, Photo Contest Rules shall expressly provide that the Participant to such contest shall not receive any prizes/lots.

8. USER CONTENT

On some part of the Site, the User may be allowed to post, to share, to transmit, to make available, to download photos (hereafter referred as to “Publish”) or to provide comments for others to see (collectively, hereafter referred as the “Content”). In other part of the Site, the User may be allowed to download photos in order to participate in a Photo Contest. Such photos are referred to herein as “Content”.

If the User Publishes the Content, the User guarantees, represents and warrants to Statigram that:

• The User has legal rights to Publish such Content and he will not violate any law or the rights of any person;
• The User is entirely liable for all Contents that the User Publishes by and/or through the Site.

FOR ALL CONTENT, INCLUDING ALL INFORMATION AND MATERIALS OF ANY KIND, INCLUDING GRAPHICS, SOUNDS, TEXT, OR OTHERWISE PUBLISHED OR PROVIDED BY ANY USER ON THE SITE, THE USER/ORGANIZER UNDERSTANDS THAT STATIGRAM IS NOT LIABLE FOR THE TRUTH, COMPLETENESS, OBJECTIVITY OR USEFULNESS OF SUCH CONTENT.

THE USER EXPRESSLY AGREES THAT (I) STATIGRAM DO NOT ENDORSE ANY CONTENT, (II) STATIGRAM DO NOT VERIFY THE IDENTITY OF PEOPLE USING THE SITE, (III) AND STATIGRAM DO NOT SCREEN, MONITOR, EDIT OR REVIEW ANY CONTENT AT ANY TIME.

Statigram can also suspend or terminate use of the Site by anyone who does not follow these Terms of User Statigram Site.

Nevertheless, because Statigram do not prescreen Content, the User understands that by using the Site, the User may be exposed to Content that is offensive or objectionable.

The User may remove his Content from the Site at any time. If the User chooses to remove his Content, the Licence (as defined below) will automatically expire. Notwithstanding the expiration of the License, the User permits Statigram to keep copies of the removed Content. Statigram claims no right of title to the Content.

9. CONTENT SHARING AND CONFIDENTIALITY

9.1 Photo sharing and confidentiality

For each photo Published on the Site, the User shall define a privacy level:

• Case 1: 100% private: each photo Published is only visible to the User that downloaded that photo.
• Case 2: shared in private: specify people who can see and download the Users’ photos.
• Case 3: public: All Users and all Users’ contacts can see or download the photo.

9.2 Comments sharing

Some of the Site’s functions make it possible to share comments. Since these are public areas, please do not forget that any information disclosed becomes public information.

That is why the User should be extremely cautious when disclosing his personal information. Statigram is not liable for uses made by others of the information provided by each User.

10. GOOD USER CONDUCT

The User guarantees Statigram that no photo or Content Published by him on or through the Site/ Photo Contest infringes any User rights, any third party rights and any applicable law and regulation in force.

The User/Organizer agrees not to use the Site or the Contest Tool to:

• organize a Photo Contest under conditions contrary to any applicable laws and regulations and these Terms of Use Statigram Contest Tool;
• extract or collect e-mail addresses or other information on other Users of the Site by any means, electronic or other, for the purpose of sending out unsolicited e-mails or other communications;
• use the Site/Contest Tool unlawfully or under conditions that could damage, deactivate, overload or alter the Site/Contest Tool;
• publish on the Site/Photo Contest or allow Participants to publish on the Photo Contest any content or any photo (i) that do not meet the conditions set forth in the Terms of Use Statigram Site; (ii) that do not comply with the Site policies; (iii) that is pornographic, racist, anti-Semitic, discriminatory, paedophiliac, racial, vulgar, obscene, fraudulent, illegal, injurious, defamatory, (iv) that encourages violence or criminal acts, (v) that infringes third party rights or violate local, domestic or international laws or regulations, (vi) that shows dead animals or people, blood or blood imitation, or similar contents, (vii) or that is in any other way reprehensible as determined in the sole and absolute discretion of Statigram.
• Publish photos that are not exclusively private photos originally created by the Users;
• usurp the identity of another person or entity or falsify or conceal his identity, age or affiliation with a person or entity;
• Publish any personal data on a User or third party such as addresses, telephone numbers, e-mail addresses or bank card numbers;
• Publish any Content or element containing computer viruses or any computer code, file or program designed to prevent, destroy or limit the functionality of software, computer equipment or telecommunications;
• Publish information that could cause or create a risk of breaching the confidentiality of any person or entity or harm to any person or entity;
• make or encourage unlawful or unauthorised copies of Users or third party photos protected by copyright ;
• carry out commercial and/or sales activities without the prior written consent of Statigram.

11. INTELLECTUAL PROPERTY

11.1 Use of documents made available by Statigram on the Site

Including without limitation, all information, Content, Photo Contest, file images, software, logos, icons, texts, trademarks and materials made available to the User/Organizer (hereafter known as the “Documents”) are protected by intellectual and industrial property rights and belong to Statigram and/or its assigns.

Statigram grants no license or authorisation to any User/Organizer to exploit the Documents made available to him/her on the Site and protected by copyright or any other intellectual property right.

Furthermore, none of the Documents may be copied, reproduced, distributed, republished, downloaded, displayed, disseminated or transmitted in any form whatsoever or by any means whatsoever, including, without limitation, electronic or mechanical means, photocopying or recording, without the prior written authorisation of Statigram or of the holder of the rights. The User/Organizer shall bear the consequences of any fraudulent use of the Documents, and in particular any convictions and expenses resulting from claims brought by third parties.

11.2 Copyright relating to the Content

The Site and the Photo Contest have functions that enable the User to Publish the Content on the Site for public presentation or for participating in a Photo Contest. Statigram does not claim copyright over elements of the Content.

However, in order to make the Content available on the Site/Photo Contest, the User grants to Statigram a permanent, non-exclusive, worldwide, non-cancellable, irrevocable and perpetual license (hereafter referred as the “Licence”) to utilize, reproduce, create works derived from the Content, distribute, execute in public, share, utilise the Content in any other way and Publish the Content in any media now or hereafter known, in order to promote the Site/Photo Contest.

By submitting Content to the Site/Photo Contest, the User declares to and guarantees Statigram that (i) he/she owns each Content Published on the Site/Photo Contest or an irrevocable, perpetual, transferable and non-exclusive Licence to use, reproduce and distribute the Content, (ii) no Content Published on the Site/Photo Contest infringes any third party’s intellectual property rights, copyrights, trademarks, moral rights, rights of privacy/publicity or personal rights, and (iii) no other person or entity has any right, title, claim or interest in this Content.

The User undertakes to indemnify Statigram against any third-party action invoking a violation of their rights.

The User guarantees Statigram that he has the written consent, release and/or permission of each and every identifiable individual in the Content to use the name or likeness of each and every such identifiable individual to enable inclusion and use of the Content in the manner contemplated by the Site and these Terms of User Statigram Site.

Each Participant authorizes Statigram to use and to Publish the following information on the Participant – winner’s name, postcode, city and country, and earnings, in any media, without limitation and without giving them compensation, right or any benefit other than the allocation of their prizes.

11.3 Violation of intellectual property rights

If the User believes that his/her copyright has been violated or that Content prohibited in any way is available through the Site/Photo Contest, he/she shall contact Statigram’s representative as soon as he/she becomes aware of it in order to present a notice of claim or of violation of copyright.

All correspondence shall be sent to the Statigram representative at the following e-mail address: [email protected], or to Tripnity, 24, street Louis Blanc, (75010) Paris France.

In all cases, the User shall provide the following information to the representative:

• The URL or detailed identification of the offending Content on the Site/Photo Contest;
• The User’s personal information and e-mail address;
• A declaration on honour in which the User declares that the use is not authorised by the owner, his/her representative or by law, and evidence of the unlawful nature of the Content;
• Any information that may help Statigram determine that intellectual property rights are being violated.

The User may contact Statigram in the case of complaints relating to distributed Content that he/she assumes to be an infringement. Upon receiving the complaint, Statigram may delete the Content or deactivate access to it. If Statigram believes in good faith that the distributed Content violates any applicable law, it will delete or deactivate access to this Content and will notify the distributing party that the Content has been blocked or deleted. In addition, Statigram may terminate the Account of the User who appears to be the one who put the prohibited Content online.

12. COMPLIANCE WITH LAW

The User/Organizer shall comply with all laws concerning any Content, Photo Contest, product or download/upload associated with the Site and in particular with all applicable laws relating to the transmission of technical data through the services available from the Site.

13. THIRD PARTY CONTENT

The Site contains links to other websites (hereafter referred as the “Third Party Sites”) as well as to articles, photo, text, images, information, applications, software and other contents or elements belonging to third parties or distributed by them (hereafter referred as the “Third Party Content”). It is specified in this respect that:

• Except as otherwise prohibited in these Terms of Use Statigram Site, the uploading of links to a Third Party Site or Third Party Content is not subject to Statigram approval.
• Statigram does not guarantee the accuracy of Third Party Sites or Third Party Content.
• Statigram is not liable for Third Party Sites accessible from the Site, or Third Party Content Published, installed or made available on the Site.
• Statigram is not liable for the contents, accuracy, offensive nature, opinions, reliability or practices relating to respect for privacy and other practices of Third Party Sites or Third Pary Content.
• Accessing Third Party Sites from the Site, or using Third Party Content, is done at your own risk and expense.

14. COOKIES

Cookies record certain kinds of information stored on the User’s/Organizer’s hard disk. In no case do cookies contain confidential information.

Browser settings make it possible to inform Users/Organizer of the presence of cookies and to refuse them in the manner described at the following address: http://www.cnil.fr.

If the User/Organizer does not wish to activate cookies, Statigram is unable to guarantee the proper functioning of the Site/Photo Contest.

15. GUARANTEES

THE USER/ORGANIZER ACKNOWLEDGES AND EXPRESSLY ACCEPTS THAT STATIGRAM PERFORMS ITS CONTRACTUAL OBLIGATIONS WITH ALL POSSIBLE CARE CUSTOMARY FOR ITS PROFESSION AS PART OF A GENERAL OBLIGATION OF MEANS. AS THIS IS A COMPUTER SERVICE PROVIDED VIA THE INTERNET, THE USER/ORGANIZER IS INFORMED THAT, WITH CURRENT TECHNOLOGY, THE PROPER FUNCTIONING OF THE SITE/PHOTO CONTEST DEPENDS ON FACTORS THAT ARE NOT ENTIRELY UNDER STATIGRAM’S CONTROL.

STATIGRAM IS NOT LIABLE FOR ANY ERRORS, OMISSIONS, INTERRUPTIONS, DELETIONS, DELAYS IN OPERATION OR TRANSMISSION, THEFTS OR DESTRUCTIONS OR UNAUTHORIZED ACCESSES, OR ANY ALTERATIONS OF COMMUNICATIONS WITH ANY USER/ORGANIZER.

DUE TO THE TECHNICAL UNCERTAINTIES OF THE INTERNET AND THE POLICIES OF TECHNICAL CONTRACTORS, STATIGRAM RESERVES THE RIGHT TO TEMPORARILY SUSPEND THE USE OF THE SITE AND/OR THE CONTEST TOOL AND/OR ANY PHOTO CONTEST FOR TECHNICAL REASONS OR MAINTENANCE. SUCH SUSPENSION OF SERVICES DOES NOT CONFER ANY RIGHT TO COMPENSATION TO THE USER/ORGANIZER. STATIGRAM SHALL USE ITS BEST EFFORTS TO LIMIT THESE INTERRUPTIONS. THE USER/ORGANIZER AGREES NOT TO HOLD STATIGRAM LIABLE FOR ANY OF THE CONSEQUENCES OF SUCH SUSPENSION OR INTERRUPTION.

ALL MATERIALS DOWNLOADED OR OBTAINED IN ANY OTHER WAY DURING THE USE OF THE SITE/PHOTO CONTEST ARE UNDER THE FULL AND COMPLETE LIABILITY OF THE USER/ORGANIZER. THE USER/ORGANIZER IS SOLELY LIABLE FOR ANY DAMAGE SUFFERED BY HIS/HER COMPUTER OR ANY LOSS OF DATA FOLLOWING THE DOWNLOADING OF THESE MATERIALS.

THE USER/ORGANIZER UNDERTAKES TO GUARANTEE AND INDEMNIFY STATIGRAM (AND ITS SISTER COMPANIES OR AFFILIATES, ITS REPRESENTATIVES, ITS EMPLOYEES, ITS PARTNERS) AGAINST ANY DAMAGE, COMPLAINT OR DEMAND FROM THIRD PARTIES FOLLOWING (I) THE SENDING, DISTRIBUTION, USE OR TRANSMISSION OF CONTENT ON THE SITE/PHOTO CONTEST, (II) USE OF THE SITE/PHOTO CONTEST, (III) VIOLATION OF THE TERMS OF USER STATIGRAM SITE, OR (IV) INFRINGEMENT OF OTHERS’ RIGHTS.

The User/Organizer undertakes to use the Site/Photo Contest for purposes conforming to public order, to good morals and to third-party rights.

The User/Organizer undertakes not to disturb the use that other Users/Organizers might make of the Site/Photo Contest, not to access third-party user accounts, and not to access those parts of the Site to which access is reserved.

The User/Organizer undertakes not to commit any act that may jeopardize Statigram’s computer security or that of other Users/Organizers.

The User/Organizer undertakes not to interfere or interrupt the Site’s normal operation.

The User/Organizer undertakes not to commit any act for commercial, political or publicity reasons, and any form of commercial solicitation and in particular the sending of unsolicited e-mails.

The User/Organizer undertakes not to collect, utilize or process any of the personal data of other Users/Organizers.

16. INDEMNITIES

THE USER SHALL INDEMNIFY, DEFEND AND PROTECT STATIGRAM, ITS SHAREHOLDERS, AFFILIATES, EMPLOYEES, REPRESENTATIVES, ASSIGNS AND AGENTS AGAINST ANY TRIAL, LOSS, DISPUTE, CLAIM AND LIABILITY, FOR ALL COSTS (INCLUDING ATTORNEYS’ FEES) THAT IT MAY BEAR OR CONTRACT IN THE WAKE OF (I) HIS/HER USE OF THE SITE/PHOTO CONTEST OR OF ANY SOFTWARE AVAILABLE ON THE SITE OR DOWNLOADABLE FROM THE SITE, (II) ANY FAILURE TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS, (III) ANY CONTENT PROVIDED ON THE SITE/PHOTO CONTEST, (IV) ANY USE OF THE CONTENT AVAILABLE ON THE SITE/PHOTO CONTEST OR THROUGH THE SITE/PHOTO CONTEST, (V) ANY BREACH OF ONE OF THE GUARANTEES OR OBLIGATIONS INDICATED HEREIN, (VI) ANY LOSS SUFFERED BY ANY PERSON OR ASSET OR ANY PREJUDICE CAUSED TO ANY PERSON OR ASSET IN ANY WAY WHATSOEVER INVOLVING IN WHOLE OR IN PART THE USE OR CAUSED BY THE USE IN WHOLE OR IN PART OF THE SITE/PHOTO CONTEST, PRODUCT OR DOWNLOAD ASSOCIATED WITH THE SITE.

17. LIMITATION OF LIABILITY

IN NO EVENT SHALL STATIGRAM BE HELD LIABLE FOR ANY DAMAGE CAUSED TO THE USER/ORGANIZER, DIRECTLY OR INDIRECTLY, OR TO ANY THIRD PARTY THROUGH THE USER’S/ORGANIZER’S ACTION.

UNDER NO CIRCUMSTANCES MAY STATIGRAM OR ITS DIRECTORS, OFFICERS, EMPLOYEES OR REPRESENTATIVES BE HELD LIABLE FOR ANY INDIRECT INCIDENTAL OR CONSEQUENTIAL DAMAGE, INCLUDING BUT NOT LIMITED TO ANY LOSS OF PROFITS, LOSS OF DATA OR LOSS OF BUSINESS OPPORTUNITIES RESULTING FROM THE USE OF THE SITE, THE USE OF THE CONTEST TOOL, ANY CONTENT OR OTHER ELEMENTS ACCESSIBLE FROM OR DOWNLOADED FROM THE SITE, EVEN IF STATIGRAM WAS AWARE OF, OR HAD BEEN INFORMED OF THE POSSIBILITY OF THE OCCURRENCE OF SUCH DAMAGE.

18. CANCELLATION

STATIGRAM RESERVES THE RIGHT, AT ANY TIME, AT ITS SOLE DISCRETION, (I) TO TERMINATE THE USER’S/ORGANIZER’S ONLINE ACCOUNT, (II) TO DELETE ANY CONTENT STORED ON ITS ACCOUNT OR ON THE SITE, (III) TO CANCEL THE USER’S/ORGANIZER’S LOGIN DETAILS (IV) TO SUSPEND OR TO CANCEL THE PHOTO CONTEST, (V) TO SUSPEND OR TO INTERRUPT USER’S/ORGANIZER’S ACCESS TO ALL OR PART OF THE SITE/CONTEST TOOL, WITH OR WITHOUT PRIOR NOTICE OR EXPLANATION, AND WITHOUT INCURRING ANY LIABILITY IN THIS RESPECT. THE USER/ORGANIZER IS SOLELY LIABLE FOR THE CREATION OF BACKUP AND REPLACEMENT COPIES OF THE CONTENT PUBLISHED ON THE SITE/PHOTO CONTEST AND STATIGRAM SHALL NOT BE LIABLE FOR ANY COSTS ASSOCIATED THEREWITH.

19. CORRECTION, UPDATE OR REMOVAL OF INFORMATION

According to the “Information Technology and Freedoms” Law 78-17 of 6 January 1978, the User/Organizer has, at any time, the right to access personal information concerning him.

The User/Organizer has a right of access, modification, rectification and removal of data concerning him. The User/Organizer may therefore, at any time, modify or remove, fully or partially, his personal data, by connecting to his Account and accessing the “remove account” function. The User/Organizer can also modify or remove his personal data by sending a letter to the following address: Statigram, 24, street Louis Blanc, (75010) Paris France, and/or an e-mail to [email protected].

The User/Organizer should include in any such communication his Login Details, a photocopy of his government issued photo identification, as well as details about the changes and/or removals he wishes to make.

20. PRIVACY POLICY

Statigram respects the privacy of its Users. Click here to display the Statigram Privacy Policy. By using the Site, you accept that your personal data may be transferred to and processed in other countries.

21. SEVERABILITY

If one of the stipulations of these Terms of Use Statigram Site is void, non-enforceable or becomes null and void, this shall not affect the other stipulations, which shall remain in full force and effect.

22. DISPUTES

These Terms of Use Statigram Site shall be governed by, and construed in accordance with, French Law.

Any dispute arising from, or in connection with, these Terms of Use Statigram Site, shall be submitted to the exclusive jurisdiction of the French courts in Paris, France.

PREAMBLE

Tripnity, a French simplified joint-stock company with capital of 150,000 euros, whose registered head office is located at 5, rue des Arènes, (87000) Limoges registered with the Paris company and commercial register under number 480 850 346 (hereafter known as “Statigram”) operates the website hosted at www.statigr.am, (hereafter known as the “Site”).

You may use the Site if you are an individual for your personal, non commercial use. Such individual is referred to herein as the “Visitor”.

You may use the Site if you represent a commercial entity (company, organization, association) or if you are an individual who wants to use Statigram contest tool (hereafter known as the “Contest Tool”) in order to create and to organize a photo contest (hereafter known as the “Photo Contest”). Such commercial entity/individual is referred to herein as the “Organizer”.

You may also use the Site if you are an individual who wants to participate in a Photo Contest. Such individual is referred to herein as the “Participant”.

The term “User” refers to Visitor and to Participant collectively.

Please carefully read these terms of use (hereafter known as the “Terms of Use Statigram Site”). If you refuse to be bound by these Terms of Use Statigram Site, you must leave the Site.

1. ACCEPTANCE OF TERMS OF USE

By using the Site, you expressly agree to be bound by these Terms of Use Statigram Site, in their entirety and without exception, whether you are a User or an Organizer.

By participating in a Photo Contest, the Participant agrees to be bound by these Terms of Use Statigram Site and by the Photo Contest Rules (as defined hereafter), in their entirety and without exception.

By using the Contest Tool, the Organizer agrees to be bound by these Terms of Use Statigram Site and by the Terms of Use Statigram Contest Tool, in their entirety and without exception.

These Terms of Use Statigram Site constitute the entirety of the agreement between the User and Statigram in respect to the use of the Site.

These Terms of Use Statigram Site and all Photo Contest Rules constitute the entirety of the agreement between the Participant and Statigram in respect to its participation in a Photo Contest.

These Terms of Use Statigram Site and all Terms of Use Statigram Contest Tool constitute the entirety of the agreement between the Organizer and Statigram in respect to the use of the Contest Tool.

If there is an inconsistency or conflict between a term in the main body of these Terms of Use Statigram Site, Terms of Use Statigram Contest Tool or Photo Contest Rules, the following order of precedence shall apply:

• firstly, Terms of Use Statigram Site;
• secondly, the Terms of Use Statigram Contest Tool; and
• thirdly, the Photo Contest Rules.

2. PURPOSE

These Terms of Use Statigram Site are intended to define the terms and conditions under which User and Organizer agree to use the Site.

3. MODIFICATION OF TERMS OF USE

Statigram reserves the right to modify or to amend these Terms of Use Statigram Site, at any time, without giving the User/Organizer any prior notice. Such modifications shall be effective immediately upon posting of the modification on the Site.

The actual Terms of Use Statigram Site will always be published on the Site.

The User’s/Organizer’s continued use of the Site after Statigram has posted an updated version of the Terms of Use Statigram Site implies the User’s/Organizer’s consent to the Terms of Use as modified or amended.

Consequently, it is important that the User/Organizer regularly reads these Terms of Use Statigram Site to ensure that they are fully aware of any changes that may be made to them.

4. ACCOUNT CREATION

Before using the Site, the User/Organizer has to create an account on the Site (hereafter known as the “Account”). The creation of the Account includes a username and a password (hereafter known as the “Login Details”) to access the User’s/Organizer’s platform.

To create an Account, the User/Organizer shall also indicate its time zone (GMT) and its e-mail address.

The User/Organizer is fully liable for keeping the Login Details secret. The User/Organizer agrees not to use the Account or the Login Details of another person at any time, nor to disclose his Login Details to a third party.

The User/Organizer is solely liable for any use of his Account by himself or by any third party. Statigram cannot be held liable for any misuse or fraudulent use of the User’s/Organizer’s Login Details.

5. AUTHORITY

By using the Site, the User/Organizer warrants and guarantees that: (i) any information he provides when subscribing to the Site is true and correct, and (ii) User/Organizer use of the Site does not contravene any laws or regulations in force.

6. TECHNICAL CONFIGURATION

By using the Site, the User/Organizer acknowledges having the technical resources and abilities required for accessing to the Site and using the Contest Tool.

7. ABOUT THE PHOTO CONTEST

The Site hosts Photo Contests created by the Organizer.

7.1 About the Organizer of the Photo Contest

The Organizer of a Photo Contest assumes all liabilities regarding the Photo Contest created by him. Statigram is merely the owner of the Contest Tool that enables the Organizer to create and to organize a Photo Contest.

7.2 About the Photo Contest Rules

For each Photo Contest with prizes, the Organizer shall create a specific Photo Contest Rules (hereafter known as the “Photo Contest Rules”).

The Participant expressly agrees to read such rules, comply with them and only participate in such contests under and pursuant to the terms thereof.

Participant shall be able to obtain, at any moment, a copy of a Photo Contest Rules free of charge.

The Photo Contest Rules are available online, for free, via a hyperlink, and can be read by each Participant, at any time, and before the starting date of each Photo Contest. However, the Organizer shall procure that any costs or expenses incurred by any Participant in order to obtain a copy of the Photo Contest Rules shall be fully reimbursed at such Participant at first request.

7.2 Reimbursement of internet connection

According to provisions of section L. 121-36 of the French Consumer Code, access to the Site and participation to a Photo Contest are to remain entirely free to Participants.

Therefore, the Organizer shall procure that any costs or expenses incurred by any Participant in order to participate in a Photo Contest shall be fully reimbursed at such Participant at first request.

7.3 Photo specification

The specifications of the photos for each Photo Contest are decided by the Organizer and are indicated in the Photo Contest Rules.

The Organizer reserves the right to reject uploaded photos and shall be solely liable for the contents of uploaded photos. Statigram cannot be held liable for the rejection of a photo decided by the Organizer.

7.4 Theme

The theme of each Photo Contest is decided by the Organizer and is indicated in the Photo Contest Rules.

7.5 Winner selection criteria

Winner’s selection criteria are indicated by the Organizer in each Photo Contest Rules.

For each Photo Contest, winners are chosen on the basis of the merits of their photos, and never on a random basis.

In case of ex aequo (equal votes), the winner will be the Participant who first submitted or downloaded his photo.

7.6 Voting

Photo Contest winners are chosen by visitors of the Site or/and by jury. Choice of the winner’s voting criteria are indicated by the Organizer in the Photo Contest Rules.

7.7 Prizes

Photo Contest winners receive money or some other prize. The prizes are indicated by the Organizer in the Photo Contest Rules. Photo Contest Rules shall contain an inventory of prizes/lots, indicating for each of them, their nature, their number and their commercial value.

Some Photo Contests may be organized without any prizes/lots. In this case, Photo Contest Rules shall expressly provide that the Participant to such contest shall not receive any prizes/lots.

8. USER CONTENT

On some part of the Site, the User may be allowed to post, to share, to transmit, to make available, to download photos (hereafter referred as to “Publish”) or to provide comments for others to see (collectively, hereafter referred as the “Content”). In other part of the Site, the User may be allowed to download photos in order to participate in a Photo Contest. Such photos are referred to herein as “Content”.

If the User Publishes the Content, the User guarantees, represents and warrants to Statigram that:

• The User has legal rights to Publish such Content and he will not violate any law or the rights of any person;
• The User is entirely liable for all Contents that the User Publishes by and/or through the Site.

FOR ALL CONTENT, INCLUDING ALL INFORMATION AND MATERIALS OF ANY KIND, INCLUDING GRAPHICS, SOUNDS, TEXT, OR OTHERWISE PUBLISHED OR PROVIDED BY ANY USER ON THE SITE, THE USER/ORGANIZER UNDERSTANDS THAT STATIGRAM IS NOT LIABLE FOR THE TRUTH, COMPLETENESS, OBJECTIVITY OR USEFULNESS OF SUCH CONTENT.

THE USER EXPRESSLY AGREES THAT (I) STATIGRAM DO NOT ENDORSE ANY CONTENT, (II) STATIGRAM DO NOT VERIFY THE IDENTITY OF PEOPLE USING THE SITE, (III) AND STATIGRAM DO NOT SCREEN, MONITOR, EDIT OR REVIEW ANY CONTENT AT ANY TIME.

Statigram can also suspend or terminate use of the Site by anyone who does not follow these Terms of User Statigram Site.

Nevertheless, because Statigram do not prescreen Content, the User understands that by using the Site, the User may be exposed to Content that is offensive or objectionable.

The User may remove his Content from the Site at any time. If the User chooses to remove his Content, the Licence (as defined below) will automatically expire. Notwithstanding the expiration of the License, the User permits Statigram to keep copies of the removed Content. Statigram claims no right of title to the Content.

9. CONTENT SHARING AND CONFIDENTIALITY

9.1 Photo sharing and confidentiality

For each photo Published on the Site, the User shall define a privacy level:

• Case 1: 100% private: each photo Published is only visible to the User that downloaded that photo.
• Case 2: shared in private: specify people who can see and download the Users’ photos.
• Case 3: public: All Users and all Users’ contacts can see or download the photo.

9.2 Comments sharing

Some of the Site’s functions make it possible to share comments. Since these are public areas, please do not forget that any information disclosed becomes public information.

That is why the User should be extremely cautious when disclosing his personal information. Statigram is not liable for uses made by others of the information provided by each User.

10. GOOD USER CONDUCT

The User guarantees Statigram that no photo or Content Published by him on or through the Site/ Photo Contest infringes any User rights, any third party rights and any applicable law and regulation in force.

The User/Organizer agrees not to use the Site or the Contest Tool to:

• organize a Photo Contest under conditions contrary to any applicable laws and regulations and these Terms of Use Statigram Contest Tool;
• extract or collect e-mail addresses or other information on other Users of the Site by any means, electronic or other, for the purpose of sending out unsolicited e-mails or other communications;
• use the Site/Contest Tool unlawfully or under conditions that could damage, deactivate, overload or alter the Site/Contest Tool;
• publish on the Site/Photo Contest or allow Participants to publish on the Photo Contest any content or any photo (i) that do not meet the conditions set forth in the Terms of Use Statigram Site; (ii) that do not comply with the Site policies; (iii) that is pornographic, racist, anti-Semitic, discriminatory, paedophiliac, racial, vulgar, obscene, fraudulent, illegal, injurious, defamatory, (iv) that encourages violence or criminal acts, (v) that infringes third party rights or violate local, domestic or international laws or regulations, (vi) that shows dead animals or people, blood or blood imitation, or similar contents, (vii) or that is in any other way reprehensible as determined in the sole and absolute discretion of Statigram.
• Publish photos that are not exclusively private photos originally created by the Users;
• usurp the identity of another person or entity or falsify or conceal his identity, age or affiliation with a person or entity;
• Publish any personal data on a User or third party such as addresses, telephone numbers, e-mail addresses or bank card numbers;
• Publish any Content or element containing computer viruses or any computer code, file or program designed to prevent, destroy or limit the functionality of software, computer equipment or telecommunications;
• Publish information that could cause or create a risk of breaching the confidentiality of any person or entity or harm to any person or entity;
• make or encourage unlawful or unauthorised copies of Users or third party photos protected by copyright ;
• carry out commercial and/or sales activities without the prior written consent of Statigram.

11. INTELLECTUAL PROPERTY

11.1 Use of documents made available by Statigram on the Site

Including without limitation, all information, Content, Photo Contest, file images, software, logos, icons, texts, trademarks and materials made available to the User/Organizer (hereafter known as the “Documents”) are protected by intellectual and industrial property rights and belong to Statigram and/or its assigns.

Statigram grants no license or authorisation to any User/Organizer to exploit the Documents made available to him/her on the Site and protected by copyright or any other intellectual property right.

Furthermore, none of the Documents may be copied, reproduced, distributed, republished, downloaded, displayed, disseminated or transmitted in any form whatsoever or by any means whatsoever, including, without limitation, electronic or mechanical means, photocopying or recording, without the prior written authorisation of Statigram or of the holder of the rights. The User/Organizer shall bear the consequences of any fraudulent use of the Documents, and in particular any convictions and expenses resulting from claims brought by third parties.

11.2 Copyright relating to the Content

The Site and the Photo Contest have functions that enable the User to Publish the Content on the Site for public presentation or for participating in a Photo Contest. Statigram does not claim copyright over elements of the Content.

However, in order to make the Content available on the Site/Photo Contest, the User grants to Statigram a permanent, non-exclusive, worldwide, non-cancellable, irrevocable and perpetual license (hereafter referred as the “Licence”) to utilize, reproduce, create works derived from the Content, distribute, execute in public, share, utilise the Content in any other way and Publish the Content in any media now or hereafter known, in order to promote the Site/Photo Contest.

By submitting Content to the Site/Photo Contest, the User declares to and guarantees Statigram that (i) he/she owns each Content Published on the Site/Photo Contest or an irrevocable, perpetual, transferable and non-exclusive Licence to use, reproduce and distribute the Content, (ii) no Content Published on the Site/Photo Contest infringes any third party’s intellectual property rights, copyrights, trademarks, moral rights, rights of privacy/publicity or personal rights, and (iii) no other person or entity has any right, title, claim or interest in this Content.

The User undertakes to indemnify Statigram against any third-party action invoking a violation of their rights.

The User guarantees Statigram that he has the written consent, release and/or permission of each and every identifiable individual in the Content to use the name or likeness of each and every such identifiable individual to enable inclusion and use of the Content in the manner contemplated by the Site and these Terms of User Statigram Site.

Each Participant authorizes Statigram to use and to Publish the following information on the Participant – winner’s name, postcode, city and country, and earnings, in any media, without limitation and without giving them compensation, right or any benefit other than the allocation of their prizes.

11.3 Violation of intellectual property rights

If the User believes that his/her copyright has been violated or that Content prohibited in any way is available through the Site/Photo Contest, he/she shall contact Statigram’s representative as soon as he/she becomes aware of it in order to present a notice of claim or of violation of copyright.

All correspondence shall be sent to the Statigram representative at the following e-mail address: [email protected], or to Tripnity, 24, street Louis Blanc, (75010) Paris France.

In all cases, the User shall provide the following information to the representative:

• The URL or detailed identification of the offending Content on the Site/Photo Contest;
• The User’s personal information and e-mail address;
• A declaration on honour in which the User declares that the use is not authorised by the owner, his/her representative or by law, and evidence of the unlawful nature of the Content;
• Any information that may help Statigram determine that intellectual property rights are being violated.

The User may contact Statigram in the case of complaints relating to distributed Content that he/she assumes to be an infringement. Upon receiving the complaint, Statigram may delete the Content or deactivate access to it. If Statigram believes in good faith that the distributed Content violates any applicable law, it will delete or deactivate access to this Content and will notify the distributing party that the Content has been blocked or deleted. In addition, Statigram may terminate the Account of the User who appears to be the one who put the prohibited Content online.

12. COMPLIANCE WITH LAW

The User/Organizer shall comply with all laws concerning any Content, Photo Contest, product or download/upload associated with the Site and in particular with all applicable laws relating to the transmission of technical data through the services available from the Site.

13. THIRD PARTY CONTENT

The Site contains links to other websites (hereafter referred as the “Third Party Sites”) as well as to articles, photo, text, images, information, applications, software and other contents or elements belonging to third parties or distributed by them (hereafter referred as the “Third Party Content”). It is specified in this respect that:

• Except as otherwise prohibited in these Terms of Use Statigram Site, the uploading of links to a Third Party Site or Third Party Content is not subject to Statigram approval.
• Statigram does not guarantee the accuracy of Third Party Sites or Third Party Content.
• Statigram is not liable for Third Party Sites accessible from the Site, or Third Party Content Published, installed or made available on the Site.
• Statigram is not liable for the contents, accuracy, offensive nature, opinions, reliability or practices relating to respect for privacy and other practices of Third Party Sites or Third Pary Content.
• Accessing Third Party Sites from the Site, or using Third Party Content, is done at your own risk and expense.

14. COOKIES

Cookies record certain kinds of information stored on the User’s/Organizer’s hard disk. In no case do cookies contain confidential information.

Browser settings make it possible to inform Users/Organizer of the presence of cookies and to refuse them in the manner described at the following address: http://www.cnil.fr.

If the User/Organizer does not wish to activate cookies, Statigram is unable to guarantee the proper functioning of the Site/Photo Contest.

15. GUARANTEES

THE USER/ORGANIZER ACKNOWLEDGES AND EXPRESSLY ACCEPTS THAT STATIGRAM PERFORMS ITS CONTRACTUAL OBLIGATIONS WITH ALL POSSIBLE CARE CUSTOMARY FOR ITS PROFESSION AS PART OF A GENERAL OBLIGATION OF MEANS. AS THIS IS A COMPUTER SERVICE PROVIDED VIA THE INTERNET, THE USER/ORGANIZER IS INFORMED THAT, WITH CURRENT TECHNOLOGY, THE PROPER FUNCTIONING OF THE SITE/PHOTO CONTEST DEPENDS ON FACTORS THAT ARE NOT ENTIRELY UNDER STATIGRAM’S CONTROL.

STATIGRAM IS NOT LIABLE FOR ANY ERRORS, OMISSIONS, INTERRUPTIONS, DELETIONS, DELAYS IN OPERATION OR TRANSMISSION, THEFTS OR DESTRUCTIONS OR UNAUTHORIZED ACCESSES, OR ANY ALTERATIONS OF COMMUNICATIONS WITH ANY USER/ORGANIZER.

DUE TO THE TECHNICAL UNCERTAINTIES OF THE INTERNET AND THE POLICIES OF TECHNICAL CONTRACTORS, STATIGRAM RESERVES THE RIGHT TO TEMPORARILY SUSPEND THE USE OF THE SITE AND/OR THE CONTEST TOOL AND/OR ANY PHOTO CONTEST FOR TECHNICAL REASONS OR MAINTENANCE. SUCH SUSPENSION OF SERVICES DOES NOT CONFER ANY RIGHT TO COMPENSATION TO THE USER/ORGANIZER. STATIGRAM SHALL USE ITS BEST EFFORTS TO LIMIT THESE INTERRUPTIONS. THE USER/ORGANIZER AGREES NOT TO HOLD STATIGRAM LIABLE FOR ANY OF THE CONSEQUENCES OF SUCH SUSPENSION OR INTERRUPTION.

ALL MATERIALS DOWNLOADED OR OBTAINED IN ANY OTHER WAY DURING THE USE OF THE SITE/PHOTO CONTEST ARE UNDER THE FULL AND COMPLETE LIABILITY OF THE USER/ORGANIZER. THE USER/ORGANIZER IS SOLELY LIABLE FOR ANY DAMAGE SUFFERED BY HIS/HER COMPUTER OR ANY LOSS OF DATA FOLLOWING THE DOWNLOADING OF THESE MATERIALS.

THE USER/ORGANIZER UNDERTAKES TO GUARANTEE AND INDEMNIFY STATIGRAM (AND ITS SISTER COMPANIES OR AFFILIATES, ITS REPRESENTATIVES, ITS EMPLOYEES, ITS PARTNERS) AGAINST ANY DAMAGE, COMPLAINT OR DEMAND FROM THIRD PARTIES FOLLOWING (I) THE SENDING, DISTRIBUTION, USE OR TRANSMISSION OF CONTENT ON THE SITE/PHOTO CONTEST, (II) USE OF THE SITE/PHOTO CONTEST, (III) VIOLATION OF THE TERMS OF USER STATIGRAM SITE, OR (IV) INFRINGEMENT OF OTHERS’ RIGHTS.

The User/Organizer undertakes to use the Site/Photo Contest for purposes conforming to public order, to good morals and to third-party rights.

The User/Organizer undertakes not to disturb the use that other Users/Organizers might make of the Site/Photo Contest, not to access third-party user accounts, and not to access those parts of the Site to which access is reserved.

The User/Organizer undertakes not to commit any act that may jeopardize Statigram’s computer security or that of other Users/Organizers.

The User/Organizer undertakes not to interfere or interrupt the Site’s normal operation.

The User/Organizer undertakes not to commit any act for commercial, political or publicity reasons, and any form of commercial solicitation and in particular the sending of unsolicited e-mails.

The User/Organizer undertakes not to collect, utilize or process any of the personal data of other Users/Organizers.

16. INDEMNITIES

THE USER SHALL INDEMNIFY, DEFEND AND PROTECT STATIGRAM, ITS SHAREHOLDERS, AFFILIATES, EMPLOYEES, REPRESENTATIVES, ASSIGNS AND AGENTS AGAINST ANY TRIAL, LOSS, DISPUTE, CLAIM AND LIABILITY, FOR ALL COSTS (INCLUDING ATTORNEYS’ FEES) THAT IT MAY BEAR OR CONTRACT IN THE WAKE OF (I) HIS/HER USE OF THE SITE/PHOTO CONTEST OR OF ANY SOFTWARE AVAILABLE ON THE SITE OR DOWNLOADABLE FROM THE SITE, (II) ANY FAILURE TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS, (III) ANY CONTENT PROVIDED ON THE SITE/PHOTO CONTEST, (IV) ANY USE OF THE CONTENT AVAILABLE ON THE SITE/PHOTO CONTEST OR THROUGH THE SITE/PHOTO CONTEST, (V) ANY BREACH OF ONE OF THE GUARANTEES OR OBLIGATIONS INDICATED HEREIN, (VI) ANY LOSS SUFFERED BY ANY PERSON OR ASSET OR ANY PREJUDICE CAUSED TO ANY PERSON OR ASSET IN ANY WAY WHATSOEVER INVOLVING IN WHOLE OR IN PART THE USE OR CAUSED BY THE USE IN WHOLE OR IN PART OF THE SITE/PHOTO CONTEST, PRODUCT OR DOWNLOAD ASSOCIATED WITH THE SITE.

17. LIMITATION OF LIABILITY

IN NO EVENT SHALL STATIGRAM BE HELD LIABLE FOR ANY DAMAGE CAUSED TO THE USER/ORGANIZER, DIRECTLY OR INDIRECTLY, OR TO ANY THIRD PARTY THROUGH THE USER’S/ORGANIZER’S ACTION.

UNDER NO CIRCUMSTANCES MAY STATIGRAM OR ITS DIRECTORS, OFFICERS, EMPLOYEES OR REPRESENTATIVES BE HELD LIABLE FOR ANY INDIRECT INCIDENTAL OR CONSEQUENTIAL DAMAGE, INCLUDING BUT NOT LIMITED TO ANY LOSS OF PROFITS, LOSS OF DATA OR LOSS OF BUSINESS OPPORTUNITIES RESULTING FROM THE USE OF THE SITE, THE USE OF THE CONTEST TOOL, ANY CONTENT OR OTHER ELEMENTS ACCESSIBLE FROM OR DOWNLOADED FROM THE SITE, EVEN IF STATIGRAM WAS AWARE OF, OR HAD BEEN INFORMED OF THE POSSIBILITY OF THE OCCURRENCE OF SUCH DAMAGE.

18. CANCELLATION

STATIGRAM RESERVES THE RIGHT, AT ANY TIME, AT ITS SOLE DISCRETION, (I) TO TERMINATE THE USER’S/ORGANIZER’S ONLINE ACCOUNT, (II) TO DELETE ANY CONTENT STORED ON ITS ACCOUNT OR ON THE SITE, (III) TO CANCEL THE USER’S/ORGANIZER’S LOGIN DETAILS (IV) TO SUSPEND OR TO CANCEL THE PHOTO CONTEST, (V) TO SUSPEND OR TO INTERRUPT USER’S/ORGANIZER’S ACCESS TO ALL OR PART OF THE SITE/CONTEST TOOL, WITH OR WITHOUT PRIOR NOTICE OR EXPLANATION, AND WITHOUT INCURRING ANY LIABILITY IN THIS RESPECT. THE USER/ORGANIZER IS SOLELY LIABLE FOR THE CREATION OF BACKUP AND REPLACEMENT COPIES OF THE CONTENT PUBLISHED ON THE SITE/PHOTO CONTEST AND STATIGRAM SHALL NOT BE LIABLE FOR ANY COSTS ASSOCIATED THEREWITH.

19. CORRECTION, UPDATE OR REMOVAL OF INFORMATION

According to the “Information Technology and Freedoms” Law 78-17 of 6 January 1978, the User/Organizer has, at any time, the right to access personal information concerning him.

The User/Organizer has a right of access, modification, rectification and removal of data concerning him. The User/Organizer may therefore, at any time, modify or remove, fully or partially, his personal data, by connecting to his Account and accessing the “remove account” function. The User/Organizer can also modify or remove his personal data by sending a letter to the following address: Statigram, 24, street Louis Blanc, (75010) Paris France, and/or an e-mail to [email protected].

The User/Organizer should include in any such communication his Login Details, a photocopy of his government issued photo identification, as well as details about the changes and/or removals he wishes to make.

20. PRIVACY POLICY

Statigram respects the privacy of its Users. Click here to display the Statigram Privacy Policy. By using the Site, you accept that your personal data may be transferred to and processed in other countries.

21. SEVERABILITY

If one of the stipulations of these Terms of Use Statigram Site is void, non-enforceable or becomes null and void, this shall not affect the other stipulations, which shall remain in full force and effect.

22. DISPUTES

These Terms of Use Statigram Site shall be governed by, and construed in accordance with, French Law.

Any dispute arising from, or in connection with, these Terms of Use Statigram Site, shall be submitted to the exclusive jurisdiction of the French courts in Paris, France.