GENERAL TERMS OF USE

1. DEFINITIONS

In these general conditions, the following terms with a capital letter, unless otherwise specified, shall have the meaning given to them by this Article, whether in the singular or plural:

“Access Codes”: has the meaning set forth in Article 3.2.

“Database”: means all photographs, images, graphics, data, metadata, files, information, or other elements accessible from the Website.

“Data Subject”: means natural person who can be identified by Personal Data. The Data Subject covered by the Terms of Use includes the models that appear in the Database.

“Terms of Use “: means these general terms and conditions of use.

“Intellectual Property Rights”: has the meaning given to it in Article 13.

“Party”: means individually a User or the Provider; the Client and the Provider together being referred to as the “Parties”.

“Personal Data”: means any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as name, identification number, location data, online identifier or one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. The Personal Data covered by the Terms of Use includes the image and face of the Data Subject.

“Privacy Laws”: means any applicable laws and/or regulations that relate to the security and protection of Personal Data, any laws and regulations implementing or made under them, any amendment, update or re-enactment of them.

“Provider”: means the company DXOMARK IMAGES LABS, a simplified joint stock company (Société par Actions Simplifiée), with capital of € 1,610,000, with its registered office at Boulogne-Billancourt (92100), 24-26 quai Alphonse le Gallo, and registered with the Nanterre trade and companies register under 821 245 503.

“Service”: refers to service of access and use of the Database granted by the Provider within the limits set out in these Terms of Use.

“User”: has the meaning set forth in Article 3.1.

“Website”: means the website accessible through the following link: https://corp.dxomark.com/data-base-piq23/.

2. SCOPE OF APPLICATION

The purpose of these Terms of Use is to define the conditions under which the User accesses and uses the Database. The Terms of Use shall apply, without restriction or reservation, to the use of the Database by the User.
In accordance with the regulations in force, these Terms of Use are systematically communicated to the User who requests them to the Provider and remain accessible via the Website. When visiting the Website, the User must read the Terms of Use which are accessible by hyperlink on the Website. User is invited to download the Terms of Use may be modified at any time and without prior notice; the latest version in force is the one accessible on the Website.
Access and use of the Database implies the unreserved acceptance of the Terms of Use by User, who are deemed to have full knowledge of them. Providers reserves the right to limit or prohibit access to the Website and/or the Database to any person who would make use of it contrary to the Terms of Use, or to any person with whom there would exist any previous or current dispute

3. ACCESS TO THE DATABASE

User is informed and accepts that access to the Website and the Database requires connection to the Internet and that the quality of access to such service depends directly on this connection, for which Provider is not responsible.

3.1 User quality

Access to the Database is strictly reserved to the professional, academics, Professors, researchers PHD students (“User”).
The quality of the User constitutes an essential condition to access to the Database. The User undertakes to provide the Provider, at its first request, with any document or data requested by the Provider to prove their quality. The User also undertakes to inform Provider of any change in its status, quality, or capacity. The Provider reserves the right to refuse or limit access to and use of the Website and/or the Database to any User who does not meet these criteria, in whole or in part.

3.2 Registration

Access by User to the Database implies the submission of a duly completed registration form shared by Provider, including any documentation justifying is user is a professional, academic, research officer or teacher researcher.
After validation of the User’s registration by the Provider, the Provider will create a personal account for the User allowing them to access the Database. In this sense, Provider will send access codes (“Access Codes”) to the User’s email address provided by them in the registration form. The User will be able to connect to their personal account and access the Database by entering their email address and Access Codes in the dedicated box on the Website.

3.3 Personal account management

The Access Codes are strictly personal and confidential. The storage and use of these Access Codes are the sole and exclusive responsibility of the User. The User undertakes not to divulge them to anyone, in any form whatsoever. All actions carried out on the personal account with the Access Codes shall be deemed to have been carried out by the User who received these Access Codes. It is the responsibility of the User to manage the security of his personal account, and to respect the conditions of use.

The User undertakes to inform the Provider without delay in the event of loss, theft, misappropriation, or any unauthorized use of their Access Codes, as soon as they become aware of them, in order to request that the Provider block them. Upon receipt, the Provider shall block all access to the personal account via the User’s Access Codes. A written confirmation of the blocking of the Access Codes will be sent by e-mail to the User. In the event of loss, theft, or fraudulent use of one of their Access Codes, the User shall be solely responsible for any harmful consequences, to the exclusion of any liability on the part of the Provider.

The Provider reserves the right to suspend, restrict access or block the User’s Access Codes if the Provider is informed of any abnormal use or if the Provider has legitimate reasons to believe that the Access Codes have been hacked or that the use of the personal account is fraudulent, or more generally that the use of these Access Codes or the personal account is contrary to the provisions of these General Terms of Use.

4. USE OF THE DATABASE

4.1 License
Subject to these Terms of Use and the User’s compliance therewith, the Provider grants to the User for the term set forth herein, a limited, non-exclusive, personal, non-transferable, non-sublicensable revocable license, to access, download and use the Database for its internal and research purposes only, in accordance with any reasonable instructions of the Provider, the terms of these Terms of Use, as well as statutes, laws, and regulations.
4.2 Fair use
Except from the right to download the Database for the purposes set out hereabove, User shall not copy or reproduce the Database except with the prior written consent of the Provider. Except for the purposes set out in Article 4.1, User shall not, and shall not assist, enable, or otherwise permit or allow any third party to, (i) alter, adapt, modify, translate, create derivative works of, and (ii) decompile, disassemble, or otherwise reverse engineer or attempt to derive any methods, algorithms, interfaces, ideas, solutions, structures, or other information embedded or used in, the Database. In any case, User shall not, and shall not assist, enable, or otherwise permit or allow any third party to,  (i) rent, lend, loan, lease, sell, encumber, distribute, sublicense, or otherwise permit use of or access to by third parties, (ii) remove, alter, or obscure any proprietary or restrictive notices affixed to or contained in, and (iii) circumvent or attempt to circumvent any technological protective measure contained in or supported by, the Database or any copy, portion, extract or derivative thereof.
In addition, User shall not provide, disclose, display, or otherwise make available the Database or any copy, portion, extract, or derivative thereof, or permit use of any of the foregoing by or for the benefit of any third party.
User also warrants that it will not, and will not assist, enable, or otherwise permit or allow any third party to, use or exploit the Database in any way that is (i) contrary to public order and morality, (ii) offensive, defamatory, racist, xenophobic, negationist or damaging to the honour or reputation of others, inciting discrimination, hatred of a person or group of persons on the grounds of their origin or their actual or assumed membership of an ethnic group, nation, race or religion, threatening a person or group of persons, (iii) pornographic or paedophilic, or (iv) inciting the commission of an offence, a crime or an act of terrorism, or glorifying war crimes or crimes against humanity, without this list being exhaustive.
Any other use of the Database is not permitted without the prior written consent of the Provider, in their sole discretion.

5. USE OF THE WEBSITE

All users of the Website, whether they are User or third parties, undertake to use the Website in compliance with these Terms of Use, in good faith and in accordance with the legislation and regulations in force. The user warrants that they are of legal age and able to understand these Terms of Use. Any fraudulent, abusive, illicit, or dishonest use of the Website by the user is strictly forbidden. In particular, the user may not (i) reproduce, distribute, publicly communicate, transform or modify the Website or their contents without the Provider’s prior written consent, (ii) engage in any activity that is unlawful, fraudulent, contrary to these Terms of Use, to the regulations in force or to good faith, or that may prevent or hinder the proper use of the Website, (iii) insert them into Internet pages, platforms, forums, chats, blogs or any third party social networks, (iv) link or reproduce the Website or its content on websites, platforms, forums, chats, blogs or any social networks in a way which may be contrary to the law, offensive or infringing human dignity, fundamental rights, the Provider and in particular its image or reputation, or in a way which may be considered as constituting an offense. Third party websites, platforms, forums, chats, blogs, or social networks with a link to the Website must clearly state that they are not authorized by or under the control of the Provider and that the link does not imply or suggest any association between the Provider and any third-party website, platform, forum, chat, blog, or social network linking to the Website. Regardless, any link to the Website shall be made directly to the home or open a page of the Website by clicking on the URL of the Website and shall encompass the entire screen of the home or start page of the Website.

6. DURATION

User acknowledges and accepts that the rights to the data assembled in the Database by the Provider have been transferred to the Provider, for a limited period agreed upon on a case-by-case basis between the Provider and the assignor, in a separate contract.

The User may access and use the Database only for the duration of the rights granted to the Provider. Also, at the Provider’s first request, the user undertakes to destroy all or part of the Database for which the Provider will no longer hold any rights due to their expiry in accordance with the contract of assignment of rights concluded with the assignors.

7. TERMINATION

7.1 Causes

In the event of a breach by a Party of their obligations hereunder, the other Party may terminate the contract ten (10) days after a formal notice has remained without effect. In accordance with Articles 1224 and 1225 of the French civil code, the following breaches likely to lead to the termination of this contract: breach of the license scope defined in Article 4.1, failure to use the Database in accordance with the terms of Article 4.2, breach of the confidential obligations set out in Article 12, breach of the Intellectual Property Rights of the Provider as provided for in Article 13, breach of User’s privacy obligation set out in Article 14.2, breach of publication obligations set out in Article 15, and more generally any serious breach in the performance of the obligations hereunder.

7.2 Consequences

Immediately upon termination or expiry of the contract, the licence provided for in Article 4.1 will end and therefore, User undertakes to:
i) cease all access and use of the Database in any form and for any purpose whatsoever;
ii) destroy the Database and all others documents or materials in its possession relating to the Database;
iii) destroy all work, studies and reports in progress using the Database;
iv) no longer claim to be the licensee of the Provider with respect to third parties and cease quoting the Database or Provider in any publication.

8. FREE SERVICE

The Service is granted to the User free of charge. However, Provider reserves the right to invoice the User for any service or any tool complementary or annexed to the Service.

9. WARRANTY EXCLUSION

The Database is licensed exclusively “as is”. The Provider expressly disclaims any express, implied, or statutory warranty relating to any aspect of the Database, including but not limited to any warranty of merchantability or fitness for a particular purpose. The Provider does not warrant that the Database will operate uninterrupted, securely, accurately, timely, virus-free, or that any eventual applicable documentation related to the Service is free from errors or omissions.

10. LIMITATION OF LIABILITY

Subject to the applicable mandatory legal provisions, Provider shall only be bound by an obligation of means in connection with the performance of its obligations under these Terms of Use. The Provider shall in no event be liable for damages of any kind that may result from (i) modification, suspension or discontinuance in the access and functioning of the Website and/or the Database, (ii) any use, including inability to use or improper use of the Website and/or the Database by the User, including without limitation any use that does not comply with the provisions set out in Article 4, (iii) any exploitation of the Database, whether or not in compliance with the terms hereof; such exploitation of the Database by the User being the sole and direct responsibility of the User and (iv) breach of data privacy obligations set out herein or violation of any applicable data protection laws.

Likewise, the Provider shall not be held liable in the event of non-performance or poor performance of its obligations herein due to the act of a third party or to a case of force majeure.

The use of the Website and the access to Database is carried out via the Internet.  The User acknowledge and agree that the Provider does not operate or control the internet and that (i) viruses, computer worms, Trojan horses or other unwanted data or software, or (ii) unauthorized users (e.g., hackers) may attempt to access and damage the User’s data, computers, or networks. The Provider shall in no way be held responsible for these activities.

It is agreed that the Provider shall in no event be liable for any special, indirect, or consequential damages including without limitation loss of opportunity to enter any contract or business, loss of profit or goodwill, loss of data, loss of brand image incurred by the User hereunder. Except in the case of bodily injury, intentional or gross negligence, the total compensation due by the Provider to the User for all damages incurred in the performance of these Terms of Use shall not exceed the total following amount 500 euros.

11. INDEMNIFICATION

In case of a dispute involving the User in relation with the access and/or use of the Database, User agrees to release Provider from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any ware connected with such disputes.

User agrees to indemnify, defend, and hold the Provider harmless from and against any and all claims, liabilities, and expenses, including attorneys’ fees, arising out of your use of the Website and the Database, including but not limited to User’s breach of these Terms of Use, provided that the Provider (i) promptly gives you written notice of the claim, demand, suit or proceeding, (ii) gives you sole control of the defence and settlement of the claim, demand, suit or proceeding (provided that you may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases the Provider of all liability); and (iii) provides to you all reasonable assistance, at your expense.

12. CONFIDENTIALITY

By all necessary means, the User undertakes to keep strictly confidential the information that they will receive from the Provider, for the duration of the protection of the rights relating to the Database and for no less than five (5) years from disclosure. The User will take all necessary measures to preserve the confidentiality of this information. In particular, the User undertakes: (i) not to use, directly or indirectly for an industrial, commercial or research use, the information provided, except under a specific written agreement with the Provider; (ii) not to reproduce, totally or partially, the Website and the Database and information if such reproductions have not been authorized beforehand by the Provider; (iii) not to publish or use this information for their own account or for the account of third parties.

13. INTELLECTUAL PROPERTY

The Provider remains the sole and exclusive owner of all intellectual property rights relating to the Website, the Database, all the content contained therein (images, illustrations, sounds, texts, graphic elements, charter, newsletters, etc.), including all industrial property rights (trademarks, patents, designs, etc.), copyright, domain names, software rights, database producer’s rights, inventions, ideas, improvements, manufacturing, know-how, technology, trade secrets and all other intellectual property rights (“Intellectual Property Rights”). User does not benefit from and cannot claim any prerogative in terms of intellectual property under these Terms of Use except for the rights granted herein, including the license provided in Article 4. No property rights of any kind whatsoever, and those relating to the Website and/or the Database, are transferred to the User under these Terms of Use. The Provider reserves all their rights to act against the User or any third party in the event of any infringement of the Intellectual Property Rights.

14. PROTECTION OF PRIVACY

14.1 Data processing roles positioning
The Parties confirm that Provider and User shall act as independent controller of the Personal Data included in the Database. Each Party is therefore non-jointly liable with the other Party for compliance with applicable Privacy Laws.
14.2 User’s obligation
User shall process Personal Data in compliance with the applicable Privacy Laws including:
(i) Ensuring that persons authorised to process Personal Data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality.

(ii) Implementing appropriate technical and organisational measures to ensure the security of Personal Data, including protection against a breach of security leading to accidental or unlawful destruction, loss, alteration, unauthorised disclosure or access (hereinafter ‘Personal Data Breach’).In the event of a Personal Data Breach concerning Personal Data processed by a Party under this Agreement, the concerned Party shall take appropriate measures to address the Personal Data Breach, including measures to mitigate its possible adverse effects.
(iii) User shall be responsible for responding to and, if required, complying with, any data subject requests (either in person or by way of the Provider) to exercise rights under applicable Privacy Laws with respect to Personal Data, or a request purporting to exercise such rights, or a complaint related to the processing of Personal Data.

15. PUBLICATION

Users shall send to Provider copies of all reports, works and documents realized using the Database. User also undertakes to cite the use of the Database and the name of the Provider in any publication of reports, works or documents produced using the Database.

16. FORCE MAJEURE

For the purposes of this Article, “Force Majeure Event” has the meaning given to it in Article 1218 of the Civil Code. In addition, the following shall be considered as Force Majeure: natural disasters, war, explosion, fire, flood, storm, earthquake, insurrection, terrorist acts, riots, civil unrest, rebellion, strikes, lock-out or industrial disputes other than strikes, any confinement measure resulting from a state of health emergency, involving the Party requesting the benefit of this Article. If a Force Majeure Event occurs which makes it impossible for one Party (the “Affected Party”) to perform their obligations to the other Party (the “Other Party”), the Affected Party shall not be liable to the Other Party and shall be relieved of their obligations to the extent that its ability to perform their obligations has been affected by a Force Majeure Event. If the consequences of the Force Majeure Event on the Affected Party make it impossible for that Party to perform a substantial part of their obligations under these Terms of Use for a period of at least sixty (60) consecutive days, either Party may, by written notice, terminate their contract either in part or in whole, with immediate effect and without liability to the Affected Party.

17. SUBCONTRACTING

The User acknowledges and expressly accepts that all or part of the Service may be subcontracted by the Provider to any service provider of their choice or to any service provider who has been duly appointed by the Provider.

18. ASSIGNMENT

The User may not sublicense, subcontract, assign or transfer, by contract, operation of law, or otherwise (including by a merger, consolidation, sale of assets, or a change of control) any of their rights and obligations under these Terms of Use to any third party without the prior written consent of the Provider.

19. NO WAIVER

The failure or delay in exercising any of Provider’s rights or remedies hereunder shall not constitute a waiver of such right or remedy, nor shall it prevent or restrict the further exercise thereof or of any other right or remedy. No single or partial exercise of any such right or remedy shall preclude or limit any subsequent exercise of such right or remedy.

20. WHOLE AGREEMENT

Unless expressly provided otherwise, these Terms of Use constitute the entire agreement between the Parties with regards to the access and use of the Website and the Database.

21. APPLICABLE LAW – DISPUTE

Any dispute or difference relating to the provisions of these Terms of Use or in connection with it, its subject matter or relating to its formation (including disputes and differences of extra-contractual origin) shall be submitted to and interpreted in accordance with the provisions of French law, without regard to the principles of choice of law.

All disputes arising out of or in connection with the validity, interpretation, performance, non-performance, or termination of these Terms of Use shall be submitted to Paris Courts which are explicitly granted jurisdiction, even in case of plurality of defenders or incidental claim.

22. CONTACT – NOTIFICATIONS

All correspondence to the Provider (including claims) shall be sent by email or by registered letter with acknowledgement of receipt, to the postal set out in Article 1, through the contact form via the Website or via e-mail at the following address legal@dxomark.com.

All correspondence to the User shall be sent by email or by registered letter with acknowledgement of receipt, to the postal and email addresses informed by them at the time of the registration.