ARTICLE 1. SCOPE

Parties

The general conditions of use of the platform www.cocobarrel.fr defined below (hereafter designated as the "General Conditions") govern the contractual relationships between each photographer using the platform www.cocobarrel.fr and its application program interfaces (hereafter respectively designated as the "Photographer or "You" and the “Platform”) and the company COCO BARREL PHOTOGRAPHY whose head offices are located at Jl. Bumbak Dauh No 18, Kerobokan, Kec. Kuta Utara, Kabupaten Badung, Bali 80361.

Services

These General Conditions govern any upload of, access to and sale of any content that is made available on the Platform through the services offered by COCO BARREL PHOTOGRAPHY. COCO BARREL PHOTOGRAPHY is a unique integrated worldwide community platform that allows You to make accessible and sell directly to users of the Platform (the “Users”) with a secure online payment, the photograph(s) or video(s) of Users that You have taken during User’s sport session(s) (the “Pictures”). Therefore, the Platform allows You (a) to upload the Pictures to the Platform; (b) to connect with a User and (b) to offer for sale the Pictures to Users (the “Services”). When Users make or accept a purchase, they are entering into a contract directly with You. COCO BARREL PHOTOGRAPHY is not and does not become a party or a participant to in any contractual relationship between Users and Photographers, nor is COCO BARREL PHOTOGRAPHY acting as an agent in any capacity for any Users or Photographers, except as expressly specified herein. You acknowledge and agree that, as a Photographer, You are responsible for Your own acts and omissions. You acknowledge and agree that, notwithstanding the fact that COCO BARREL PHOTOGRAPHY is not a party to the agreement between You and the Users, COCO BARREL PHOTOGRAPHY will act on Your behalf solely for the limited purpose of accepting sums from Users purchasing Your Pictures. For improving the Services, COCO BARREL PHOTOGRAPHY may offer You, from time to time, test platform or application in a beta version for a limited period. COCO BARREL PHOTOGRAPHY reserves the right, to the extent permitted by the applicable law, to withdraw or to modify a test platform or application, at any time, without prior notice and with no liability.

Entire agreement

These General Conditions constitute the entire and exclusive statement of the agreement between You and COCO BARREL PHOTOGRAPHY with respect to its subject matter and supersede all prior communications, understandings, and agreements between You and COCO BARREL PHOTOGRAPHY concerning the subject matter hereof, whether written or oral.

Modifications

COCO BARREL PHOTOGRAPHY may improve, enhance and modify the Platform and introduce new or modify the Services from time to time. Accordingly, and in order to reflect such changes, You hereby understand and acknowledge that COCO BARREL PHOTOGRAPHY may modify from time to time certain provisions of the General Conditions. These modifications will be applicable starting from the date of their publication online, which date will be indicated at the end of such General Conditions.

Applicable conditions

Each sale of Pictures made on the Platform is governed by the General Conditions applicable at the date of the transaction between You and a User. Prior to upload and to offer for sale the Pictures on the Platform, You will be requested to read and expressly accept without reserve these General Conditions. By visiting and using the Platform, You acknowledge that You have read and You accept the General Conditions, and You commit to comply with these General Conditions. Photographers who do not agree to be bound by these General Conditions should not use the Services.

ARTICLE 2. USE OF THE PLATFORM

Languages

The Platform is available in the English.

Requirements for using the Platform

In order to use the Platform, You must be at least 18 years old, and be legally competent to contract. You must also act in Your professional capacity as a legal entity under private law, or physical person in Your professional capacity, excluding people acting in their capacity as consumers. By accepting these General Conditions, You acknowledge that You are at least 18 years old and have the right to contract, and You are acting as a professional.

Interruption

You acknowledge that Your access to and use of the Platform may be interrupted from time to time as a result of scheduled maintenance or support operations necessary for the proper functioning of the Platform, the security or integrity of the servers or any other reason within or beyond the control of COCO BARREL PHOTOGRAPHY. COCO BARREL PHOTOGRAPHY reserves the right to suspend the availability of the Platform and therefore to restrict Your access to parts of or all of the Platform and/or remove any content at any time at its sole discretion and without prior notice.

Creation of a Photographer account and closure

Registration is free of charge.

As a condition of using the Platform and offering for sale the Pictures to Users, You are first required to create a photographer account (Your “Photographer Account”) by selecting a password and a username, and providing registration information including Your first name, last name, email and contact details.

When registering Your Photographer Account, You commit to provide complete and accurate information. In the event of any change, You must update the information as soon as possible.

You may

also use Your Facebook or Google account to use the Services on the Platform. Accepting COCO BARREL PHOTOGRAPHY application through Your Facebook or Google account automatically creates a Photographer Account and opens a session. The e-mail address registered by COCO BARREL PHOTOGRAPHY will be the one linked to Your Facebook or Google account. You can unsubscribe to the Services provided by COCO BARREL PHOTOGRAPHY simply by clicking on the option “Unsubscribe” in Your Photographer Account. In the event of inactivity for a continuous period of three (3) years from Your last connection, COCO BARREL PHOTOGRAPHY reserves the right to disable Your Account within three (3) months following the notification sent to Your email and no reply was given.

Upon closure of Your account, any and all content and information stored on Your Account will be erased by COCO BARREL PHOTOGRAPHY.

You expressly acknowledge that COCO BARREL PHOTOGRAPHY liability cannot be sought in any way for any loss or alteration of content or information stored on Your account, which occurred after the deactivation of Your account, regardless of the cause.

You understand and acknowledge that Your Photographer Account is strictly personal. You are solely responsible for maintaining the confidentiality of Your password and for any access to the Platform via Your Photographer Account. In the event of loss, theft or unauthorised use of the identifiers, please notify COCO BARREL PHOTOGRAPHY immediately and proceed to the change of Your password as soon as possible.

Your rights and obligations

When creating a Photographer Account;
You explicitly authorize COCO BARREL PHOTOGRAPHY to send You notifications (on the Platform or via e-mail) with respect to Services provided hereunder;
You warrant that You are authorized to conduct Your business and will remain in full compliance with all applicable laws and regulations to the extent such laws and regulations relate to Photographer’s performance, hereunder;
You warrant that You have all right, title and interest in and to the Pictures and You have obtained all intellectual property rights, authorisations and other consents required to offer or provide any Pictures on the Platform.

You assume editorial responsibility for use of the Services on the Platform. You are solely responsible for the quality, lawfulness and relevance of the Pictures and any data You transmit for use of the Services.

You commit not to use the Platform for any purpose that is unlawful or not contemplated by these General Conditions. COCO BARREL PHOTOGRAPHY reserves the right to suspend or close, in appropriate circumstances, any Photographer Account who repeatedly infringe the terms of these General Conditions or to delete from its servers, without limitation, any material or content that is unlawful, harmful, threatening, defamatory, obscene or harassing, including in the case where a third party or a competent authority has informed COCO BARREL PHOTOGRAPHY of such an illegal use of the Platform.

You agree to notify COCO BARREL PHOTOGRAPHY immediately if a User improperly contacts You or suggests making or receiving payments outside of the Platform.

Once a User has completed an order and downloaded the purchased Pictures, User will have the possibility to leave a comment on the Your website, Facebook page or blog. The comment User may leave on You will be related to the Picture(s) only.

You acknowledge and agree that a substantial portion of the compensation COCO BARREL PHOTOGRAPHY receives for making the Services available to You is collected through the intermediation fee described in Article 4.2 Intermediation Fees. COCO BARREL PHOTOGRAPHY only receives this intermediation fee when You receive payments from Users for Picture(s) through the Platform.

ARTICLE 3. PICTURES MADE AVAILABLE THROUGH THE PLATFORM

Upload of Pictures to the Platform

You may upload the Pictures to the Platform through Your Photographer Account.

You are free and responsible for choosing the Pictures You wish to upload provided that You must make available a pack of Pictures, containing several Pictures of one User taken during one sport session at the same location, being understood that a sport session performed on the morning, then another one on the afternoon may be deemed as two sport sessions subject to separate packs of Pictures. The Pictures may be offered in one or several formats.

When You upload the Pictures, You must indicate the country and the spot where the Pictures have been taken, the date and price of the pack of Pictures in USD. The Platform will automatically calculate the applicable taxes.

You understand and agree that You are solely responsible for setting forth the price at the moment of the uploading.

You agree and acknowledge that COCO BARREL PHOTOGRAPHY may offer to the Users a discount that would be applicable after a its first purchase of Pictures, depending on the quantity of any subsequent packs of Pictures said User would buy, within a limited period. Such discount will be deducted from the total price set forth for the whole packs of Pictures. As the case may be, any discount policy will be available on the Platform or notified to You by email. By accepting these General Conditions, You must accept any discount policy on the Platform. You acknowledge and agree that the applicability of discounts on the total price does not of itself makes COCO BARREL PHOTOGRAPHY a party to the legal purchase agreement between You and Users.

User’s orders

Once You have uploaded the Picture(s), Users may only access to a pack of Pictures of themselves within three (3) months from the date Users have been notified of the uploading of such pack of Pictures by You on the Platform. Notwithstanding the above, once Users have visualized this pack of Pictures, they will be able to purchase it within ten (10) days only from Users first access to such pack of Pictures in the Platform. COCO BARREL PHOTOGRAPHY will send Users a kind reminder to inform them that they have fifteen (15) days left before the Pictures are removed from the Platform.

COCO BARREL PHOTOGRAPHY will send You a notification by email upon receipt of a purchase confirmation and then a legally binding agreement will be entered into by and between You and a User. You may apply any additional terms and conditions with respect to the purchase of Your Pictures, provided that such terms and conditions shall not conflict with these General Conditions.

Invoices and Payment from Users for the Orders

Payment is made via the secure payment platform Stripe and any other payment schemes that COCO BARREL PHOTOGRAPHY will make available on the Platform.

By using the Platform, You are informed that You must accept the Stripe terms and conditions

You agree and acknowledge that You must create Your own account through Stripe for receiving sums from Users related to Pictures sold on the Platform, according to any information that Stripe require to You (hereafter, “Wallet”). After successful creation of Your Wallet, this latter will be accessible through the Platform.

The funds made by the User for purchasing the Pictures are temporally deposited in Your Wallet.

You agree and acknowledge that payment is made after deduction of any discount price according to the discount policy available on the Platform and the Intermediation fees determined in accordance with Article 4 below.

Please note that third party payment service providers may charge You additional fees when processing payments in connection with the transaction between You and Users, and COCO BARREL PHOTOGRAPHY is not responsible for any such fees and disclaims all liability in this regard.

Once the payment transaction is confirmed and successfully completed by COCO BARREL PHOTOGRAPHY financial services partner or Users’ banks, the amounts owed for the purchased Pictures will be transferred to Your Wallet. You are solely responsible for the accuracy and completeness of Your bank information. COCO BARREL PHOTOGRAPHY is not responsible for any loss suffered by You as a result of incorrect bank information provided by You.

The time it takes to receive confirmation may depend upon the payment method Users select and the payment method provider’s processing schedule.

COCO BARREL PHOTOGRAPHY may delay or cancel any payment for purposes of preventing unlawful activity or fraud, risk assessment, security, or investigation.

Payment is usually made to your bank account or e-wallet upon the User’ confirmed purchase of Your Pictures.

You are hereby informed that effective payments are subject to the issuance of the corresponding invoices in accordance with the applicable laws and regulations. You are solely responsible for compliance with Your invoice obligations. You will be required to provide the following information (without limitation):

• Your name and address;
• VTA number (as the case may be);
• Invoice date;
• Invoice number (with a chronological and continue sequence);
• Quantity of Pictures;
• Unit price without VAT;
• VAT or if applicable, the VAT exemption;
• Discounts;
• Transaction date, if different from the invoice date;
• Total amount with and without VAT.

Taxes

You are solely responsible for determining Your obligations to report, collect, and remit any applicable VAT or other indirect sales taxes or income taxes with respect to any transaction between You and Users and for compliance with Your tax obligations.

You remain fully responsible and liable towards the applicable tax authorities for the fulfillment of Your invoicing obligations, especially from a VAT standpoint.

Proof of payment

The information registered by the Platform and its payment system constitutes the evidence of the transaction completed between You and Users.

ARTICLE 4. APPOINTMENT OF COCO BARREL PHOTOGRAPHY AS LIMITED PAYMENT COLLECTION AGENT

Appointment of COCO BARREL PHOTOGRAPHY

COCO BARREL PHOTOGRAPHY serves as Your limited authorized agent for the sole purpose of accepting payments from Users on Your behalf when You receive payment for services provided via the Platform.

Therefore, You hereby appoints COCO BARREL PHOTOGRAPHY as Your payment collection agent solely for the limited purpose of accepting amounts from Users purchasing the Pictures.

You agree that payment made by Users through the Platform shall be considered the same as a payment made directly to You.

You agree that COCO BARREL PHOTOGRAPHY may refund Users on Your behalf in the event that Pictures contain any content that is unlawful, harmful, threatening, defamatory, obscene or harassing, or inappropriate.

COCO BARREL PHOTOGRAPHY, third-party financial service providers, or any administrative or judicial authority may make inquiries it considers necessary to help verify or check Your identity or prevent fraud. For that purpose, You undertake to assist COCO BARREL PHOTOGRAPHY and the aforementioned third parties and to provide any identity or other necessary information to comply with anti-money laundering regulations. This may include (i) asking You to provide a form of government identification (e.g., driver’s license or passport), Your date of birth, Your address, and other information; (ii) requiring You to take steps to confirm ownership of your email address; or (iii) attempting to screen Your information against third- party databases. COCO BARREL PHOTOGRAPHY reserves the right to close, suspend, or limit access to the payment in the event it is unable to obtain or verify any of this information.

Intermediation fees for Services provided to You

In consideration of the Services provided to You, COCO BARREL PHOTOGRAPHY will charge You intermediation fees including any applicable taxes related to such Services.

Any intermediation fees (including any applicable service taxes) will be set-up before You publish the pack of Pictures into the Platform. COCO BARREL PHOTOGRAPHY reserves the right to change the intermediation fees at any time, and will provide You an adequate notice of any fee changes before they become effective.

Such fee changes will not affect any orders made prior to the effective date of the fee change.

The applicable intermediation fees including any applicable service taxes are collected by COCO BARREL PHOTOGRAPHY and will be deducted from the relevant User’s purchase order before remitting You Your payout. Intermediation fees are not refundable.

ARTICLE 5. SUPPORT SERVICE AND CLAIMS

For any information or question related to the use of or access to the Services available on the Platform, You can contact our service by email at contact@cocobarrel.fr.

ARTICLE 6. FORCE MAJEURE

COCO BARREL PHOTOGRAPHY shall be released from any obligation and shall not be held liable for any damages or remedies in the event of force majeure.

The following events are expressly considered as being events of force majeure or fortuitous events, other than those generally any failure by the energy supplier leading to an interruption of energy supply, any failure of the communication networks that COCO BARREL PHOTOGRAPHY and/or its hosting service providers depend upon, and/or any failure of their replacement networks.

ARTICLE 7. PROTECTION OF PERSONAL DATA

COCO BARREL PHOTOGRAPHY processes some of Your personal data for the purposes of providing the Services. Such personal data are processed in accordance with the Privacy Policy available which You are required to review and accept prior to the finalization of any transaction. By checking the box prior to finalize the creation of Your Photographer Account You expressly accept such Privacy Policy.

ARTICLE 8. WARRANTIES AND LIABILITIES

COCO BARREL PHOTOGRAPHY uses reasonable efforts to provide correct and updated information on the Platform. COCO BARREL PHOTOGRAPHY reserves the right to modify any such information at all times and without advance notice. COCO BARREL PHOTOGRAPHY cannot guarantee at all times the accuracy and completeness of the information available on the Platform. COCO BARREL PHOTOGRAPHY decline all liability for any interruption of the Platform, any bug, any inaccuracy or incompleteness regarding any information available on the Platform, and any damages resulting from any fraudulent intrusion by a third party leading to a modification of such information.

This Platform can contain links to other websites. COCO BARREL PHOTOGRAPHY cannot be held responsible for any issue of access or for any content of such websites. COCO BARREL PHOTOGRAPHY will not be liable for damages resulting from the impossibility to use the Platform.

COCO BARREL PHOTOGRAPHY will use reasonable efforts to keep the Platform operational. However, certain technical issues or maintenance may, from time to time, result in temporary interruptions. To the extent permissible under applicable law, COCO BARREL PHOTOGRAPHY reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Platform, with or without notice, all without liability to You, except where prohibited by law, for any interruption, modification, or discontinuation of the Platform or any function or feature thereof. You understand, agree, and accept that COCO BARREL PHOTOGRAPHY has no obligation to maintain, support, upgrade, or update the Platform, or to provide all or any specific content through the Platform. This section will be enforced to the extent permissible by applicable law.

Warranty and disclaimer

COCO BARREL PHOTOGRAPHY ENDEAVOURS ITS BEST EFFORTS TO PROVIDE THE BEST SERVICE IT CAN, BUT YOU UNDERSTAND AND AGREE THAT THE PLATFORM AND ANY SERVICES OR PRODUCTS PROVIDED VIA THE PLATFORM ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. YOU USE THE PLATFORM VOLUNTARILY AND AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COCO BARREL PHOTOGRAPHY AND ALL OWNERS OF THE CONTENT MAKE NO REPRESENTATIONS AND DISCLAIM ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON- INFRINGEMENT. NEITHER COCO BARREL PHOTOGRAPHY NOR ANY OWNER OF CONTENT WARRANTS THAT THE USE OF THE PLATFORM IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. IN ADDITION, COCO BARREL PHOTOGRAPHY MAKES NO REPRESENTATION NOR DOES IT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY UPLOADED PICTURES, THIRD PARTY APPLICATIONS (OR THE CONTENT THEREOF), USER CONTENT, OR ANY OTHER PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE PLATFORM OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING. YOU UNDERSTAND AND AGREE THAT COCO BARREL PHOTOGRAPHY IS NOT RESPONSIBLE OR LIABLE FOR ANY TRANSACTION BETWEEN YOU AND USERS OR BETWEEN YOU AND THIRD PARTY PROVIDERS OF THIRD PARTY APPLICATIONS OR PRODUCTS OR SERVICES ADVERTISED ON OR THROUGH THE PLATFORM. AS WITH ANY PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM THE PLATFORM SHALL CREATE ANY WARRANTY ON BEHALF OF COCO BARREL PHOTOGRAPHY IN THIS REGARD. SOME ASPECTS OF THIS SECTION MAY NOT APPLY IN SOME JURISDICTIONS IF PROHIBITED BY APPLICABLE LAW.

Limitation

COCO BARREL PHOTOGRAPHY HAS NO CONTROL OVER AND DOES NOT GUARANTEE (I) THE EXISTENCE, QUALITY, OR SUITABILITY OF ANY PICTURES OR OTHER CONTENT ON THE PLATFORM, OR (II) THE PERFORMANCE OR CONDUCT OF ANY PHOTOGRAPHER OR USER ON THE PLATFORM. COCO BARREL PHOTOGRAPHY DOES NOT ENDORSE ANY PHOTOGRAPHER.

YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE PLATFORM AND ANY SERVICES OR PRODUCTS PROVIDED ON THE PLATFORM IS TO UNINSTALL COCO BARREL PHOTOGRAPHY APPLICATION AND TO STOP USING THE PLATFORM. WHILE COCO BARREL PHOTOGRAPHY ACCEPTS NO RESPONSIBILITY FOR THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, AND WHILE YOUR RELATIONSHIP WITH SUCH THIRD PARTY APPLICATIONS MAY BE GOVERNED BY SEPARATE AGREEMENTS WITH SUCH THIRD PARTIES, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY, AS WITH RESPECT TO THE PLATFORM, FOR ANY PROBLEMS OR DISSATISFACTION WITH THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, IS TO UNINSTALL AND/OR STOP USING ANY SUCH THIRD PARTY APPLICATIONS.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER COCO BARREL PHOTOGRAPHY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PLATFORM OR PICTURES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH (I) THESE GENERAL CONDITIONS, (II) FROM THE USE OF OR INABILITY TO USE THE PLATFORM OR PICTURES, (III) FROM ANY COMMUNICATIONS OR INTERACTIONS WITH OTHER MEMBERS OR OTHER PERSONS WITH WHOM YOU COMMUNICATE, INTERACT OR MEET WITH AS A RESULT OF YOUR USE OF THE PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT COCO BARREL PHOTOGRAPHY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

ARTICLE 9. INTELLECTUAL PROPERTY

License Grant to COCO BARREL PHOTOGRAPHY

By posting, uploading or otherwise transferring the Pictures to the Platform, You grant COCO BARREL PHOTOGRAPHY an exclusive, transferable, sub-licensable, royalty-free and fully paid up, revocable and worldwide license to upload, host, use, distribute, run, copy, reproduce and electronically display any and all Pictures, on the Platform or any other media for the purpose of:
- Enabling You to use the Services;
- Advertising the Services provided on the Platform

The above license will exist for the period during which the Pictures are posted on the Platform and will automatically terminate upon the removal of such Pictures from the Platform or Your ownership assignment to Users.

Notwithstanding the above, You understand that, for technical reasons, deleted Pictures may be preserved for a limited period of time in backup copies.

Assignment of rights to Users

Subject to the payment made by Users under the applicable order, You hereby assign to User(s) the non-exclusive, royalty-free, irrevocable, transferable and worldwide right to use the Pictures solely for its/their personal and non-commercial uses in compliance with this Agreement, except that You retains the right to use the Pictures for self-promotion such as in a portfolio. The assigned right includes the right to upload, copy, reproduce and electronically display the Pictures, with any retouching, adaptation or alteration of the Pictures, on any social media. For clarity, with a personal and non- commercial purposes, Users are allowed to exercise the aforementioned rights for educational purposes including on the equipment of a Sport Camp for any special events dedicated to their sport session. The above rights are assigned subject that Users credit You.

Ownership of the Platform

All the elements of the Platform, including the interface, the images, illustrations, texts, photographs, logos, the design, the applications and software included in the Platform may be subject to author’s rights, trademark rights, design and model rights and other intellectual property rights hold by COCO BARREL PHOTOGRAPHY or its licensors. Any use of the Platform or any of the Platform’s element, including but not limited to the reproduction, the communication to the public, the modification, the adaptation, the translation is strictly forbidden, unless with the written consent of COCO BARREL PHOTOGRAPHY.

ARTICLE 10. FEEDBACK

COCO BARREL PHOTOGRAPHY welcomes and encourages You to provide feedback, comments and suggestions for improvements to the Platform (“Feedback”). You may submit Feedback by emailing COCO BARREL PHOTOGRAPHY, through the email at contact@cocobarrel.fr. Any Feedback You submit to will be considered non-confidential and non-proprietary to You. By submitting Feedback to COCO BARREL PHOTOGRAPHY grant COCO BARREL PHOTOGRAPHY a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to You.

ARTICLE 11. THIRD PARTY APPLICATION

The Platform is integrated with third party applications, website, and services (“Third Party Applications”) to make available content, products, and/or services to You. These Third Party Applications may have their own terms and conditions of use and privacy policies and Your use of these Third Party Applications will be governed by and subject to such terms and conditions and privacy policies. You understand and agree that COCO BARREL PHOTOGRAPHY does not endorse and is not responsible or liable for the behavior, features, or content of any Third Party Application or for any transaction you may enter into with the provider of any such Third Party Applications.

ARTICLE 12. INDEMNIFICATION

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO INDEMNIFY AND HOLD COCO BARREL PHOTOGRAPHY HARMLESS FROM AND AGAINST ALL DAMAGES, LOSSES, AND EXPENSES OF ANY KIND (INCLUDING REASONABLE ATTORNEY FEES AND COSTS) ARISING OUT OF: (1) YOUR BREACH OF THESE GENERAL CONDITIONS; (2) ANY CONTENT OR COMMENT YOU MAY POST; (3) ANY ACTIVITY IN WHICH YOU ENGAGE ON OR THROUGH THE PLATFORM; AND (4) YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COCO BARREL PHOTOGRAPHY AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE GENERAL CONDITIONS AND YOUR USE OF THE PLATFORM INCLUDING, BUT NOT LIMITED TO FROM THE USE OF OR INABILITY TO USE THE PLATFORM OR PICTURES, EXCEED ONE HUNDRED (100) EUROS. YOU UNDERSTAND AND RECOGNIZE THAT THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS FOR COCO BARREL PHOTOGRAPHY AND YOU. ANY ADDITIONAL LIABILITY OF COCO BARREL PHOTOGRAPHY IS EXCLUDED, TO THE EXTENT PERMITTED BY LAWS.

ARTICLE 13. ASSIGNMENT

COCO BARREL PHOTOGRAPHY may assign the General Conditions or any part of them, and COCO BARREL PHOTOGRAPHY may delegate any of its obligations under the General Conditions. You may not assign the General Conditions or any part of them, nor transfer or sub-license your rights under the Agreements, to any third party.

ARTICLE 14. MEDIATION

This article is only applicable to the Photographers having their residence within the European Economic Area (“EEA”) who use the Services as a consumer and away from any business activity, to the exclusion of the Photographers using the Services as a professional.

In the event of a dispute relating to these General Conditions, any consumer has the right to use a consumer mediator, free of charge

ARTICLE 15. JURISDICTION

The General Conditions are governed by law, excluding any conflict of law rules.

In case of any dispute arising out of or in connection with the General Conditions, the parties agree to seek an amicable resolution through mediation. If the parties have not resolved the dispute or claim within thirty (30) days after the one-day, non-binding mediation, either party may begin litigation proceedings. Notwithstanding the foregoing, nothing in this Article 14 shall prevent a party from seeking preliminary injunctive relief from a court of competent jurisdiction in accordance with this article.

Any dispute that may arise out of or in connection with the present General Conditions, including without limitation the validity, formation, interpretation, performance, construction, termination or expiration of the contract that cannot be settled amicably including in case of defendants, contribution or guarantee claims or any third party proceedings and/or summary proceedings. You hereby understand and agree that in case of dispute between You and any Photographer, the aforementioned governing law/jurisdiction provisions will not apply.

GENERAL RULES FOR DISSEMINATION OF THE PICTURES

COCO BARREL PHOTOGRAPHY is a unique integrated worldwide community platform (the “Platform”) that allows photographers (the “Photographers”) to make accessible and sell directly to users of the Platform (the “Users”) with a secure online payment, the photograph(s) or video(s) of Users that Photographers have taken during User’s sport session(s) (the “Pictures”).

The purpose of the information below is to provide the terms relating to the dissemination and the ranking rules of the Pictures on the Platform.

WHO CAN PUBLISH PICTURES?

As a registered member of the Platform, and subject to the compliance of the conditions below, any Photographer, professional or not, can upload and publish Pictures on the Platform.

There is no restriction, except to comply with General terms that are applicable to the Platform.

When Photographers upload Pictures, the following information must be provided:

• Date the Pictures were taken
• Spot or location the Pictures were taken (including the country)
• Name of the Photographer
• The pictures price the User will have to pay for the Pictures
• A face picture of the person on the Pictures

Pictures are automatically published immediately upon the clic on the publication button.

Each Photographer acknowledges that it is solely responsible for the content it posts on the Platform. As a result, each Photographer declares and warrants the Pictures complies with the General Terms of the Platform as well as the accuracy of any information relating to the Pictures.

The published Pictures will be visible to Users that are members on the Platform through the face recognition tool.

CAN COCO BARREL PHOTOGRAPHY DELETE PHOTOGRAPHER’S ACCOUNTS AND/OR PICTURES?

COCO BARREL PHOTOGRAPHY reserves the right, at its sole discretion and without notice, not to publish or withdraw, at any time, any Picture that violates applicable laws, the General Terms or that is potentially harmful, inappropriate or unacceptable to COCO BARREL PHOTOGRAPHY, its members or third parties.

Each Photographer thus refrains from uploading, without being limited:

• Pornographic, obscene, indecent, offensive or inappropriate content;
• Infringing content in the image of a third party;
• False or deceptive content that promotes or promotes illegal, fraudulent or deceptive activities;
• And more generally any content that could infringe the rights of third parties or be harmful to third parties in any way and in any form.

In such case, the Photographer will be informed of the grounds of the non-publication. COCO BARREL PHOTOGRAPHY will investigate and review the Pictures to verify they comply with the acceptance criteria of the Platform.

Photographer’s accounts can be also temporarily deactivated or suspended during COCO BARREL PHOTOGRAPHY account review if a violation is reported in accordance with the General Terms. COCO BARREL PHOTOGRAPHY can take any action that it deems appropriate.

If a Photographer’s account is deactivated or suspended, any future and pending orders may be cancelled.

HOW THE PICTURES’ ARE DISSEMINATED?

The purpose of the COCO BARREL PHOTOGRAPHY ranking rules is simple: to match Users with the Pictures taken by Photographers.

By default, the Pictures are shown based on the files name of the sport session, in alphabetic order.

This is not possible for a Photographer to pay COCO BARREL PHOTOGRAPHY for its Pictures to be better ranked in search results.