TC

GENERALITIES:

 

ChrisKatProd is a trademark of Chriskatdev.com EURL, company with a capital of 1 000 € registered at the Registre du Commerce et des Sociétés de Blois (Blois trade register number 454 085 275) and headquartered at 8 impasse du Marais F-41210 MARCILLY-EN-GAULT.
CHRISKATPROD offers a photo service on the website www.album-photo-artist.com that allows the ordering of personalised photo albums (hereinafter referred to as “the Services”).
In parallel, CHRISKATPROD offers the download of a photo software for free that allows the “offline” creation of those personalised photo albums, hereinafter referred to as the “Software”.
The access and use of those Services and of the Software (hereinafter referred to jointly as “the album-photo-artist.com Service”) are submitted to the present Terms and Conditions of Use (“TCU”).
The album-photo-artist.com Service is a service provided by CHRISKATPROD.
To benefit from the album-photo-artist.com Service, “the User” must have free access to a personal computer configured in order to access the album-photo-artist.com Service, benefit from the software licences necessary to access the album-photo-artist.com Service and possess sufficient technical knowledge to be able to use the  album-photo-artist.com Service in normal conditions.
The use of the album-photo-artist.com Service for persons under 18 is submitted to the parent’s or legal tutor’s authorisation.


 

ARTICLE : 1 OBJECT

 

The present TCU tend to define the terms and conditions under which CHRISKATPROD provides the album-photo-artist.com Service to the User.
The access and use of the album-photo-artist.com Service are governed by the present TCU along with the general rules of conduct and use of the Internet commonly referred to as “Netiquette”, those rules having to be considered as being part of the present TCU.
As a consequence, the act for a physical and capable person over 18 years of age, or a moral person, of ordering the products and services offered by the website www.album-photo-artist.com from CHRISKATPROD and to address the media necessary for the execution of the present document represents a full acceptance of the present Terms of Use (TCU).
These are accessible on this website and will prevail on any contradictory document if need be.
CHRISKATPROD reserves the right to modify the TCU at any time and without preliminary notice of the client and recommends that the client refers regularly to the most recent version of the TCU.
The client accepts the use of the service provided by CHRISKATPROD as is.
The User is notified that in case of failure to comply with the present TCU, or of obvious breach of the Netiquette rules, CHRISKATPROD reserves the right to refuse the access and use of the album-photo-artist.com Service by the User.


 

ARTICLE 2 : DESCRIPTION OF THE ALBUM-PHOTO-ARTIST.COM SERVICE

 

The album-photo-artist.com Service allows a User to order personalised photo albums created with the PhotosArtist software provided for free, hereinafter referred to as “the Contents”.
The album-photo-artist.com Service offers the free download of its PhotosArtist software to all the Users.
This MAC/PC version allows the User to:

- easily retouch photos (cropping, etc.),

- organise them on one’s computer,

- prepare personalised photo albums without being connected to the Internet,

- order PDF versions of the personalised photo albums when being connected to the Internet ;
Attention:

- the PC version works for Windows XPSP2 minimum.

- the MAC version works for Mac OS X 10.5 minimum.
The user will be able to print their photo albums created in electronic PDF format by the PhotosArtist software.
Printing is possible with any printer compatible with the photo albums dimensions with any software able to handle PDF format.
The user recognises however that the use of a “black&white” monochromatic printer does not engage the responsibility of ChrisKatProd.
The use of the Service requires a compatible system, an Internet access and some software, which are possibly provided against payment, and might periodically require updates.
The use of the Service requires hardware, software and an Internet access, therefore the possibility for the user to access the Service might be affected by the performance of those elements.
The user recognises and accepts that these technical needs, which might be modified periodically, fall under his responsibility.
The Service is not part of any other product of offer, and no purchase of acquisition of any other product whatsoever will be able to be interpreted as giving or granting access to the Service.


 

ARTICLE 3 : ACCESS AND PRICES OF THE ALBUM-PHOTO-ARTIST.COM SERVICE AND PAYMENT

 

The access to the album-photo-artist.com Service is free (aside from access and connection costs for the Internet).
The orders of personalised photo albums in PDF format are not free and charged according to the prices indicated on the website of the album-photo-artist.com Service, at the following address: www.album-photo-artist.com.
 The price of an order will be determined based on the prices in effect at the date of purchase.
The prices mentioned in the order confirmation represent the final prices, stated with all taxes included and including VAT.
Before the first photo album purchase through the PhotosArtist software, every new user needs to create a “User account”.
That creation is done using the PhotosArtist software.
An email address and a password containing at least six alphanumeric keys will be asked.
The user account needs to be credited before any photo album purchase.
For all users, payment is done when accepting the offer of the Service using a bank card with at least one month validity.
The capture of bank information on a secured server provides guarantee for safety and confidentiality of the information provided for the transaction.
PayPal then takes over with its secured payment system.
Data is encrypted, ChrisKatProd cannot access it.
All users have the possibility to credit their ChrisKatProd account with amounts of 10, 20, 50 euros, using a bank card.
In case the price of a purchase would be higher than the current balance of the user’s account, they will have to recredit their account through the PhotosArtist software and the PayPal system of an amount that will be added to the previous balance, of which the purchase will be subtracted.
After the creation of each photo album, the software will indicate where it is located on the user’s hard drive, the Service-supply contract is considered concluded.
ChrisKatProd reserves the right to cancel or refuse any user purchase when a dispute exists with the user about payment of a previous purchase.


 

ARTICLE 4 : USER’S COMMITMENTS

 

The User promises to use the album-photo-artist.com Service according to the present TCU and the following in particular:
The User declares to be the author or the holder of all rights or necessary authorisations on all Contents they is using for the album-photo-artist.com Service.
All those Contents are the property of the User, who promises to take responsibility for all rights and particularly copyrights and/or similar rights and/or copyrights resulting from their exploitation and particularly representation and/or reproduction and/or adaptation and/or translation rights.
As a consequence, the User protects CHRISKATPROD against all appeals of any third parties for this count and from all convictions that might be pronounced against them at this occasion.
The User declares to CHRISKATPROD that the information contained in the elements given to the latter for the present’s enforcement needs does not violate the right of any third party and are not contrary to any legal or statutory prescription (privacy, libel, insult, etc.).
As a consequence, the User protects CHRISKATPROD against all appeals of any third parties for this count and from all convictions that might be pronounced against them at this occasion.
The User promises not to use or transmit Contents containing or possibly containing viruses or data-destructing programs.
The User also promises to verify in a reasonable manner that the Contents they is using do not contain viruses or programs that might disrupt the Service’s functioning or to cause harm to other users of the album-photo-artist.com Service and/or to CHRISKATPROD.
The User recognises that they has verified that album-photo-artist.com Service match their needs and that they has received all information and advice from CHRISKATPROD necessary to subscribe to the present TCU.
The use of the album-photo-artist.com Service is done under the sole responsibility of the User.
The User thus promises to transmit Contents that strictly comply with public order and good morals.
The User promises in particular, although that enumeration is not to be considered as limitative:
- Not to use any Content and not to spread any message or piece of information of an insulting, libellous, racist, xenophobic, revisionist nature or causing harm to someone’s honour or reputation, encouraging discrimination, hatred of a person or a group of persons because of their origin or their belonging or non-belonging to an ethnic group, a nation, a race or a given religion, threatening a person or a group of persons, of a pornographic or paedophilic nature, encouraging to commit an offence, a crime or an act of terrorism or other allowing to cause harm to one’s rights and to the security of persons and possessions, and - to respect one’s rights, in particular: personality rights (such as image rights, privacy rights), trademark rights, copyrights and similar rights, and generally, persons and possessions rights.
In more general terms, the User guarantees that their Contents are compliant with the regulation in effect and do not cause harm to one’s rights.
The User recognises that Contents perceived as violating the laws, rules or regulations in effect might be handed by CHRISKATPROD to the authorities in charge of enforcing the law that would require it and will process them in consequence.
CHRISKATPROD also reserves the right to refuse the access to and/or the upload of any Content presenting an obvious paedophilic, racist, discriminatory nature or encouraging to racial hatred.
The responsibility of CHRISKATPROD cannot be sought for that matter for whichever cause, CHRISKATPROD also reserving the right, without prior formal notice, to terminate the present TCU by full right, without additional formality and without prejudice of any damages to which CHRISKATPROD might pretend.
The Client promises to pay CHRISKATPROD in accordance with the terms and financial conditions required in the present TCU.
The User recognises that the purchases made represent a contractual link.
The User has the powers and necessary authorisations to establish such contract.
The User forbids themselves from using false information or from using information from third parties.
The album-photo-artist.com Service complies with the French legislation in effect.
The responsibility of CHRISKATPROD shall not be sought in case of a violation of the legislation of the country where the Contents (personalised photo albums) are printed.
As a consequence, it is of the User’s responsibility to verify the use possibilities of the Contents they is planning to purchase with the competent local authorities.
In case of a violation of one of the present TCU’s stipulations by the User either according to CHRISKATPROD’s interpretation, or if CHRISKATPROD becomes aware of a claim, CHRISKATPROD reserves the right to interrupt temporarily or definitively a User’s access to the album-photo-artist.com Service.
CHRISKATPROD reserves the right to put a stop to the provided album-photo-artist.com Service immediately particularly if a User’s behaviour is not compatible with the terms and conditions of the present TCU.
This discontinuation will not entitle to any compensation to the User from CHRISKATPROD.


 

ARTICLE 5 : CUSTOMER SUPPORT

 

A technical support, limited to the use of the Service, is available to the User at the following address: http://www.album-photo-artist.com/support.
This service is only available in French.


 

ARTICLE 6 : OBLIGATIONS OF CHRISKATPROD

 

The Internet website www.album-photo-artist.com or the software are made available to the client for free.
By no means can CHRISKATPROD be held responsible for technical or practical errors, for loss of data resulting from the use of the Internet website or the software.
The CHRISKATPROD Company has only an obligation to produce means for all the software’s download steps, the use of its software, the access to its website, the purchasing process, the delivery or posterior services.
CHRISKATPROD shall not be held responsible for all inconvenience or direct or indirect damages inherent to the use of its software or the Internet network, particularly a breach of service, an external intrusion or the presence of computer viruses, or for any case of force majeure, according to the jurisprudence.
CHRISKATPROD reserves the right, especially for maintenance reasons, to suspend temporarily and without notice the access to the album-photo-artist.com Service or to certain functions of the album-photo-artist.com Service, this discontinuation will not allow for any compensation for the User or any third party.
CHRISKATPROD provides assistance through a form in a zone secured by login and password.
The User can also consult the general help sections of the website www.album-photo-artist.com.
The User recognises however that the integrity and confidentiality of the Contents and information exchanged using the Service are not guaranteed because of the unsecured nature of the Internet network.
The User accepts explicitly the risk of non-confidentiality related to the Internet network and exonerates CHRISKATPROD of all responsibility on these grounds.
CHRISKATPROD reserves the right to change the album-photo-artist.com Service.
CHRISKATPROD will inform the User of all substantial alteration to the album-photo-artist.com Service before those alterations come in effect and the User will be considered as having accepted all alterations if they continues to use the album-photo-artist.com Service.


 

ARTICLE 7 : RESPONSIBILITY

 

CHRISKATPROD cannot be hold responsible towards the User unless for established facts that would be attributable to it exclusively.
CHRISKATPROD does not guarantee the colour or tint of the print.
CHRISKATPROD will not be held responsible legally except for major or premeditated negligence.
In any case, the guarantee will not be exceeding the amount of the purchase made by the User.
CHRISKATPROD will not be held responsible for losses or shortfalls resulting from insufficiencies in the present provided service.
When using the album-photo-artist.com Service, the User states and guarantees that they is perfectly informed of the characteristics and constraints of the Internet, particularly the data and information transfers, especially that data and information transfers on the Internet benefit only from a mediocre technical reliability.
The User recognises in general that any website can be the victim of an intrusion by unauthorised third parties and become corrupted as a result.
Therefore information circulating on the Internet are not protected against potential hijacking, potential viruses, and that any person might create a link granting access to the website and/or to elements of its content, and that the communication of its address as an intentional or unintentional result is done at their own risk.
CHRISKATPROD will not be held responsible in any case for accidental or deliberate damage suffered by the User and provoked or not by third parties.
Those damages particularly include the possibility for some or all of the User’s Contents to be disclosed to a third party or destroyed.
The User recognises that they is solely responsible for the Contents and more generally all information featured in their albums along with the use they is doing of them as part of the album-photo-artist.com Service.
As a result, they takes full civil and criminal responsibility of the Contents, comments and other information featured in their albums, third parties’ claims and the subsequent actions particularly, but not exclusively, regarding intellectual property, personality rights and protection of persons under 18.
CHRISKATPROD will not be held responsible in particular for:
- the nature and quality of the User’s Contents ;
- difficulties to access the album-photo-artist.com Service due to partial or complete disrespect of one of the User’s obligation, the use of an equipment not adapted to the album-photo-artist.com Service’s characteristics by the User, a default and/or overload at certain times of the transport networks to the Internet on which CHRISKATPROD has no control ;
- the virus contamination of data and/or software of the User, the protection of which lies with the latter ;
- malicious trespassing of third parties on the User’s albums, despite security measures taken by CHRISKATPROD ;
- the misuse of the album-photo-artist.com Service by the User ;
- damages that the User’s equipment might suffer, those being under the full responsibility of the User ;
- potential hijacking of passwords, confidential codes, and generally any sensitive information for the User, those being under the full responsibility of the User ;
- indirect damages, meaning all those that do not directly and exclusively come from partial or complete failure of the album-photo-artist.com Service.
The potential compensations for damages owed by CHRISKATPROD to the User which would result of a duly established error at the User’s expense will correspond to the direct, personal and certain prejudice bound to the error at stake, except for indirect damages.
At any rate, the amount of damages that CHRISKATPROD might be made responsible of, if its responsibility was upheld, would be limited to the amount actually paid by the User to benefit from the album-photo-artist.com Service (except for access costs), price of the purchase made by the User and object of that granting of damages.
CHRISKATPROD declines all responsibility regarding fraudulent use of the Contents, and does not guarantee any Content uploaded and shared by any User of the album-photo-artist.com Service, the album’s Contents being the exclusive responsibility of the User holding these albums.
The User exonerates CHRISKATPROD of all responsibility regarding the Contents used in any way by them through the album-photo-artist.com Service.
Any complaint of a third party regarding the content used in an album will be redirected towards its User who will take full responsibility.
The User promises to guarantee, upon first request, even in case of provisional adjudication, to indemnify and compensate CHRISKATPROD for all direct damages that CHRISKATPROD might suffer if its responsibility were to be held responsible by a third party, because of a claim, action or complaint regarding the Contents or information appearing in one of the User’s album or following a certain use of the album-photo-artist.com Service in violation of the rules contained in the present TCU.
The User alone is liable for consultation, choice, use and interpretation of the services provided by ChrisKatProd.
By no means can ChrisKatProd be able to be held responsible for any damage, of any kind, including loss of exploitation, of data or any other financial loss resulting from the use or inability to use the services hereby concerned.
Furthermore, no assistance provided by ChrisKatProd in the use of the services can represent additional guarantee compared to the present conditions.


 

ARTICLE 8 : INTELLECTUAL PROPERTY

 

All documentary content, texts, works and illustrations given access to by ChrisKatProd as part of the services hereby concerned, directly or under licence of a third party, are protected by copyright and by database right, according to the Intellectual Property Code.
Subscription to any form of access to the online Service does not lead to any transfer of property right of any kind for the benefit of the User.
The latter is also forbidden to harm reproduction, representation or other rights held by ChrisKatProd in any way, including as an enforcement of articles L.342-1 and following of the Intellectual Property Code concerning databases.
Any projected use of the protected elements that is not in accordance with the purpose intended by ChrisKatProd has to be submitted to ChrisKatProd for written and discretionary authorisation.


 

ARTICLE 9 : PERSONAL DATA

 

The User alone is responsible for the data they is communicating to CHRISKATPROD and declares that the data provided for the registration to the personalised services of CHRISKATPROD are perfectly filled in and exact.
In accordance with article 34 of the loi du 6 janvier 1978 relative à l\'informatique, aux fichiers et aux libertés (French law of January 6th, 1978 regarding computer science, files and liberties), the User is informed that the nominative information marked as mandatory in the forms and collected as part of the album-photo-artist.com Service are required to use it.
This information is intended exclusively for CHRISKATPROD and its contractual partners for the fulfilment requirements of the present TCU.
The User has the right to oppose (art. 26 of the law), access (art. 34 to 38 of the law) and rectify (art. 36 of the law) data concerning them.
Therefore, they can demand that information concerning them be rectified, completed, clarified, updated or deleted if that information is inaccurate, incomplete, outdated or if the collection, use, communication or keeping of that information is forbidden.
The User has the right to access and rectify the information that concerns them and can exercise it by writing to the following address:
CHRISKATPROD
8 impasse du marais
41210 MARCILLY-EN-GAULT
FRANCE
CHRISKATPROD promises not to divulge any piece of information communicated by its clients or website visitors to third parties.
This information is confidential.
CHRISKATPROD will only use it for inquiry processing and to reinforce and personalise its communication, particularly through mail, information emails and as part of the personalisation of its website according to observed preferences.
The present article will not prevent transfer, handover or activities handover to a third party.


 

ARTICLE 10 : REVOCATION

 

Attention: given the specific nature of the album-photo-artist.com Service, made according to the specifications established by the User, in accordance with article L. 121-20-2 of the Code of Consumption (French Republic), the client cannot exercise its revocation right.


 

ARTICLE 11 : VARIOUS MEASURES

 

If one or several measures of the present CTU are void or found so in application of a law, a regulation or following a definitive adjudication by a competent court, the other measures will stay their strength and scope.
The measures declared null and void will be replaced by measures that come as close as possible to the content of the original measures.
Parties will not be held responsible, or considered to have failed the present TCU, for any delay or non-performance, when the cause of the delay or non-performance is a case of force majeure as defined by the French jurisprudence.
If one of the clauses or measures of the present terms of use was to be cancelled or declared unlawful by an adjudication become definitive, that nullity or unlawfulness will not affect in any way other clauses or measures that will continue to be applied.
ChrisKatProd’s refusal to claim one of the clauses of the present TCU at a certain time cannot represent an abdication to claim those same clauses later on.
The present TCU represent the entire agreement between the parties and replaced all previous agreements and declarations, oral or written on paper, referring to their object.
CHRISKATPROD’s default to exercise the rights recognised to be its own in accordance with the present TCU do not represent an abdication to assert those rights.
Article titles only have an indicative value.
Any claim or protest regarding the album-photo-artist.com Service or the Contents must be sent in writing to the following address:
CHRISKATPROD
8 impasse du marais

41210 MARCILLY-EN-GAULT
FRANCE
or through the form provided for this purpose on the website http://en.album-photo-artist.com/
The present TCU are submitted to the French law.
In case of dispute regarding the interpretation, execution or validity of the present TCU, the parties promise to seek an amicable solution.
If such a solution did not succeed, that dispute will be of the exclusive competence of the Tribunaux de Blois (Blois Court of Law), which is explicitly accepted by the User.