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.
“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”.
“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.
“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
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.
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.
4. USE OF THE DATABASE
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
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.
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.
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
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.
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.
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
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.
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
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.
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
21. APPLICABLE LAW – DISPUTE
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 firstname.lastname@example.org.
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.