We invite you to read the present general conditions of use (“GCU”) carefully before using the my-fotoflex platform (the “Platform”). By accessing the Platform, you agree without reservations to be bound by the present GCU and by all applicable laws and regulations. If you do not accept the present conditions, you must refrain from using the Platform.
DNP Photo Imaging Europe (DNP PIE) reserves the right to modify the CGU at any time. Whenever possible, DNP PIE notifies users of any changes made to the GCU by email or via announcements on the Platform. Be that as it may, you are invited to consult the GCU regularly, to gain knowledge of any modifications. If you disagree, you can reject the GCU and cease to use the Platform.
1. Object of the Platform
The object of this Platform is to enable you to find professional specialists who provide the my-fotoflex service, for online photo prints, anywhere in France and in Europe. By downloading your photos, you benefit from innovative, intelligent printing solutions available from independent service providers (referred to below as the “Partners”) subject to their own general conditions of use and sale (referred to below as the “Partners’ CG”).
You are governed by the Partner’s CG once you have selected the Partner’s store on the interactive map. You are hence invited to carefully read the Partners’ CG, which are applicable to the Partners’ virtual stores that can be accessed via the Platform, before using their online ordering services (referred to below as the “Order”). When you purchase products and/or services from the Partner’s virtual store, you are considered as having accepted the Partners’ CG.
You are free to select the Partner of your choice to place your order.
2. Accessibility of the Platform
You can access the Platform free of charge if you have access to the Internet, with the proviso that all costs stemming from access to the Platform, of whatever type, remain at your sole charge.
The Platform is compatible with all the recent browsers that support HTML 5 and CSS 2 and it complies with the XHTML and CSS vocabulary and grammar recommended by the W3C. Thus the Platform gives its best results with the latest-generation browsers, while remaining accessible for older browsers. Use of the following browsers is recommended (i) On Mac.OS.X (Macintosh operating system 10): Opera, Safari, Mozilla Firefox (ii) On Windows: Mozilla Firefox, Opera, Internet Explorer 6, HPR (Home Page Reader) 3.0 (iii) On Linux: Mozilla Firefox, Opera.
DNP PIE does all in its power, whenever possible, to keep the Platform accessible 7 days a week and 24 hours a day. However, DNP PIE may be led to interrupt access to the Platform, in particular for maintenance and upgrading purposes, or on any other grounds, especially technical grounds.
DNP PIE cannot be held liable for any suspension of the Platform and/or its services, or for any losses liable to be suffered under such circumstances, including data loss and cancellation of an Order.
DNP PIE cannot be held liable for the accessibility of the Partners’ stores via the Platform.
You are not entitled to access and/or use the Platform’s source codes.
3. Orders placed with Partners
Orders placed with the Partners constitute a sale contract concluded solely between you and the Partner. Thus the prices of the products and/or services, the payment terms, and the delivery methods and lead times are given by the Partners and governed by the CG of the said Partners.
The Partner is the sole entity responsible for Orders that you place with it.
Any complaints about Orders are to be sent directly to the Partner.
You are invited to read the Partners’ CG carefully.
4. Guarantee and responsibility
The contents of the Platform are provided “as they stand”. DNP PIE does not provide any explicit or implicit guarantee, and hence declines and denies all other guarantees, including, but without being limited thereto, tacit guarantees or conditions as to merchantable quality, adequacy for a particular purpose, or non-infringement on intellectual property or any other infringement on rights. Moreover, DNP PIE does not issue any guarantee or opinions as to the accuracy, the probable results or the reliability of use regarding the Platform or any other site linked to that Platform.
Within the framework of use of the Platform, you undertake to comply with the CGU and all applicable regulations. DNP PIE cannot be held liable for any losses that you or a third party may suffer as a result of your failure to comply with the CGU or any applicable regulations. Thus DNP PIE cannot be held liable for any content made available via the Platform by the users and the Partners, and in particular concerning photos, product offers and, where applicable, prices, unless it has failed to act promptly - after having been duly notified thereof in writing - to make such access impossible.
You are the sole persons responsible for use of the Platform. Under no circumstances can DNP PIE be held liable for any difficulties or for your inability to use the Platform, for any malfunctions or unavailability of your computer equipment or the Platform, any specific constraints and problems stemming from use of a computer network such as the Internet or securing of data exchanges on any such network.
DNP PIE can only be held liable for facts that can be attributed to it directly and that are likely to cause direct losses for you. DNP PIE cannot be held liable for any misuse of the Platform, whose occurrence is attributable to a third party, including, but without being limited thereto, the Partners, together with any consequential losses.
DNP PIE reserves the right to modify, move or interrupt all or part of the Platform and the information, on a temporary or definitive basis, at any time. DNP PIE does not provide any guarantee as to the fact that the information on the Platform is accurate, free of errors, pertinent, or exhaustive, or that it meets your expectations.
5. Intellectual property
All the rights, titles and intellectual property rights regarding the Platform are held by DNP PIE and they remain the latter’s sole and exclusive property.
DNP PIE is the owner of the my-fotoflex European trademark.
The user rights granted for the Platform do not include any rights to copy, adapt, modify, sell, transfer or assign the said Platform.
The contents posted on the Platform are likely to be protected by intellectual property rights. You cannot undertake any type of posting, extraction, integration, modification, or reproduction of all or part of the contents posted on the Platform, without the prior written express approval of DNP PIE.
You must make sure that the photos downloaded and/or developed via the Platform belong to you and that they do not infringe on any third party rights, in particular, but without being limited thereto, intellectual property rights (trademarks, drawings, copyrights, etc.), privacy and/or image rights, and that they are not offensive or inimical to the maintenance of public order. The Partners may decide at their entire discretion to refrain from executing an Order, if they find that the photos in question manifestly infringe on third party rights or are inappropriate.
You undertake to hold DNP PIE and its Partners free from any claims lodged by a third party and based on allegations that use of the Platform in compliance with the present CGU is prejudicial to any intellectual property rights, privacy and/or image rights. You also undertake to indemnify DNP PIE and its Partners by paying all outlays arising from damages, costs and expenses (including legal costs and lawyers’ fees within reasonable amounts) awarded by a competent court, or agreed under such written transactional settlements, signed by DNP PIE and its Partners, as may arise for the said claims lodged.
6. Links to third party sites
The Platform provides hypertext links to sites edited by third parties, including the Partners. Inclusion of a link does not imply any approval of the said sites by the Platform. Use of any such link is made at your own risk. DNP PIE has no form of control over those sites or the companies that edit them. In particular, under no circumstances can DNP PIE be held liable for any such hypertext links, products or services proposed by those third party sites, data of any type contained or posted on those sites edited by third parties, processing of personal data carried out by the editors of those sites, the use you make of them or any actions or shortcomings attributable to such third parties.
7. Force Majeure
DNP PIE cannot be held liable for any delay or inaccuracy regarding information attributable to a case of force majeure. Among such cases of force majeure, and amongst other things, but without any limitative value, fire, explosion, insurrection, civil disorder, riots, government actions, any decision or injunction or any other decision made by a regulatory or government body, disturbances affecting transport, tool malfunctions, natural catastrophes (such as storms, fires or floods), incidents or interruptions in service, or unavailability or shortages of raw materials. If any such event occurs, DNP PIE reserves the right to suspend access to the Platform without any possibility of seeking its liability.
8. Miscellaneous
The fact for one of the parties of refraining from availing themselves of a failure by the other party to comply with any one of the obligations set out in the GCU cannot be interpreted as a waiver of the obligation concerned.
If any one of the stipulations set out in the GCU were to be declared null and void or considered as not having been written, the parties will do all in their power to negotiate in good faith in order to agree on the terms of a fresh stipulation that takes the place of the stipulation concerned, while remaining as close as possible to the initial intentions of the parties; the other stipulations remain in force and keep their full obligatory force.
9. Law applicable
The present GCU are governed by French law, without any consideration as to the provisions covering conflicts of laws.