Paid apps T&C;

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.