Conditions of use

1. Formation of the license contract

 

By opening an account on www.tictacphoto.com, is formed between you (“the user”) and HEMERA PHOTO SPRL, whose head office is located at 451 Route de Lennik at 1070 Brussels, Belgium, company number: BE 0829.238.449 – Register of Legal Persons of Brussels (“the license provider”) a license agreement for use (“the license agreement”) of the TicTacPhoto software ( “the publisher”).

The User accepts and undertakes to respect the license agreement when using the Editor.

The editor makes it possible to acquire finished products. It also includes, where appropriate, the developments and improvements made to it by the license provider. These general conditions take precedence over any other prior agreement concluded between the license provider and the user.

These general conditions and the resulting contracts will be archived by the license provider for a period of two years.

2. Publisher’s right of use

The license provider grants the user a non-exclusive right of use, without the right of sub-license from the publisher, respecting the following limits:

• The publisher n is used only to allow, within legal limits, the printing of digital photographs sent by the user to the license provider.
• The editor cannot be used for the sending of files which would contain viruses or corrupted files nor for the sending of any software which could disturb, attack or bring any other form of damage to the operation of system(s) of third parties, including that of the license provider.
• The publisher may not be used to attempt to gain access to the system(s) of third parties, other than by accessing such system(s) provided for by the purposes of the publisher.
• The publisher may not in any way, technical or otherwise, be expanded, limited, decompiled, subjected to “reverse engineering” or modified in any other way than that legally authorized.
• The publisher may not be used for the use of images in a way that does not comply with the law, including intellectual property or any other right of third parties, public order and morality. This applies in particular to pornography and child pornography, as well as to images protected by copyright or any other intellectual property right.
• The licensor reserves the right to control the conformity of the use of the images with the law, these general conditions and the rights of third parties. It reserves the right to refuse images which, in its opinion, do not comply with said compliance.
• The license supplier reserves the right to temporarily suspend access to and use of the editor for maintenance reasons, without any liability or any right to compensation for the user.

3. Intellectual property rights

 

All texts, graphics, images, scripts, illustrations, software, logos, signs, trade names, models, figures or trademarks (hereinafter the “creations”) appearing on the websites of Hemera Photo SPRL or subject of the license contract and all the intellectual property rights based on these creations (trademark rights, rights to statutory and commercial names, design rights, patent rights, copyrights, sui generis rights to databases, know-how rights, and other intellectual property rights, whether registered or not, as well as all requests to obtain one of the aforementioned rights, and all other rights aimed at providing similar protection or effect similar to any of the foregoing rights anywhere in the world (“Intellectual Property Rights”) are owned by or, where applicable, licensed to the licensor who receives them. titular stera. Any copy, adaptation, translation, modification or making available to a third party of the creations is prohibited, except in cases authorized by law. The user agrees not to infringe, directly or indirectly, or through third parties with which he would be associated, the intellectual property rights of the license provider and to take all necessary measures to protect these rights. . As such, the user will maintain in good condition all notices of rights relating to the publisher or to the product or service provided by the licensor.

• If the licensor considers that the editor infringes the rights of third parties, it may, at its option,
• ensure that the user can continue to use the editor,
• make a similar editor available (the of similarity is left exclusively to the licensor) or
• no longer authorize the use of the publisher and/or technically block its use. The license supplier assumes no liability in this respect towards the user.

The license provider can secure the publisher or protect it in any technical way. The user agrees not to circumvent or remove this protection.

Any contribution made by the user in the form of images, photos etc. is presumed to be the exclusive property of the latter. Insofar as the contribution of the user is not, in whole or in part, the exclusive property of the latter, the latter guarantees to have received, and if necessary undertakes to obtain, all the authorizations necessary for the use of this contribution for the execution of the sales contract.

The User undertakes to scrupulously respect the legal provisions in force in the country concerned when ordering and any disclosure of the printed material.

The User is solely responsible for any possible consequences linked to the illicit or harmful use of protected data.

 

4. Legal warranty

 

The licensor:

• provides the publisher in the state it is in, including any shortcomings and/or defects
• ensures that the publisher operates for limited use in accordance with article 2, namely the printing of digital photos;
• does not offer any guarantee and will not assume any responsibility for the license on the Editor (including an obsolescence or inadequacy of the license compared to the needs and requests of the user) and the products which result from it;
• despite the fact that it provides periodic back-ups, cannot be held responsible for the loss of computer data stored on its servers;
• owes no compensation to the User if the online or downloaded editor has shortcomings and/or faults or if, in any other way, it does not work or is difficult. In the case of a Downloadable Editor, the user will be entitled to download a new editor:
• In the event of retention of liability by a court or other authority notwithstanding the preceding paragraphs, its liability will be limited to 100 Euros, per harmful event or by series of harmful events which form only one.

The preceding provisions of this article shall not apply in the event of fraud or gross negligence of the license provider or in the event of bodily injury or death of a user. They will also not infringe the rights of the user by virtue of mandatory legal provisions from which he would benefit as a consumer.

The user :

• is and will remain solely responsible for the use he makes of the publisher.
• undertakes to guarantee the officers and staff of the license provider, as well as all its suppliers and subcontractors, against any claim for compensation that would be directed against them due to non-compliant use or access on his part.

5. Termination of the license contract

 

The publisher’s right of use is granted for an indefinite period.

The licensor reserves the right to terminate the contract, at any time, without notice or compensation of any kind, if the use made of it is contrary to the law or to these general conditions.

6. Miscellaneous

 

These conditions are subject to Belgian law. Any dispute relating to the application of these conditions or the use of the Site is brought before the consumer’s domicile.

The license provider may at any time assign all or part of the obligations arising from these general conditions and the contracts arising therefrom to a third party. In case of disagreement, the user may waive this agreement within eight days after notification of the transfer by the license provider to the user.

The license provider will not be obliged to fulfill its obligations in the event of force majeure. By force majeure, we mean, in particular and without limitation, the default of any other supplier or third party involved, as well as any situation that prevents the license supplier from actually exercising decision-making control.

The publisher contains confidential information. This information and any other information from the application that comes to the latter’s knowledge, may under no circumstances be made public and may only be used for the implementation of said contracts.