Conditions générales de vente et d’utilisation

Last update : 01/11/21.

These general conditions of use and sale (CGU/V) govern the contractual relationship between on the one hand SAS REGARD D'AUTEUR, whose headquarters is established 1666 avenue de l'Europe, residence le Patio A 31, 34170 Castelnau le lez, France, a company with a capital of 10,000 euros registered in the RCS with the number 828 702 548, represented by Mr. Thibaut BISSUEL, President and on the other hand any Photographer who has created an account on regardauteur. com

They apply to all purchases made on the site https://www.regardauteur.com/ and all participations (competitions, discussions, training, etc..) of Photographers.

They also regulate the conditions of relationship (photographer / customers) through the site Regard d'auteur. The present general conditions of use and sale (CGU/V) are added to the commitments subscribed at the time of the signature of the Charter by the Photographer, at the time of his registration on regardauteur.com

La SAS REGARD D'AUTEUR reserves to modify the present general conditions of sale and use at any time.

1. Services offered on the Regard d'auteur website - General description

Access to the present website is subordinated, for the Photographers, to the signature of the Charter which was submitted to them and to the preliminary acceptance of their file by the founder of Regard d'auteur or by a member of the team missioned by this one . The validation of their participation will have to be confirmed from year to year according to the evolution of their photographic work, and also subject to the production of the elements requested at the time of the adhesion (certificate of insurance, registration at the Chamber of Trade or other supporting document). The present GTU/V will detail the conditions of maintenance and the possible causes of exclusion of the photographers registered on the Site after creation of their personal Space.

The site Regard d'Auteur proposes various services and offers, summarized below, and whose precise modalities will be detailed in the continuation of the General Conditions of Use and Sale:

Main service:

The mission of Regard d'auteur is to accompany the Photographer in the development of his business, in particular by allowing him to increase his skills via professional training. Photographers demonstrating a quality of their images and their services will be selected and can be presented online on regardauteur.com, allowing their potential customers to choose the one that meets their expectations and be put in touch.

The Site regardauteur.com will offer training in different areas, entrusted to professionals in the theme concerned (technical, business, marketing, etc.), at advantageous conditions for photographers subscribers. Registration to these trainings is not an obligation.

The creation of a community exchange space on social networks will also allow each Photographer to benefit from advice from other photographers or experts in these same fields.

Related services and offers:

Contests

Portrait & wedding photo contests are organized on the Site at regular intervals. Each contest will have its own rules, which the Photographer agrees to abide by if he/she wishes to participate. Participation in the contests is not an obligation. The prizes possibly offered during the contests are determined by the organizer.

Promotion on the web and networking

Creation of an address book of labeled Photographers offering portrait and/or wedding photography services, whose work has been validated after the Photographer's online registration and who have adhered to the Quality Charter.

Potential clients, visitors to the website (future brides, future parents, parents, etc.) can consult the portfolios of the Photographers selected online on regardauteur.com and contact those who meet their expectations. The Photographer will then be able to contact them as with any other prospect. Regard d'auteur thus carries out its mission of putting Photographers and potential clients in touch with each other.

The accreditations

The jury will be able to, at the time of judging the images when submitting the membership file or at the end of the various competitions organized, assign a jury score to the photographers.

"Partner" offers

SAS REGARD D'AUTEUR has negotiated with different partners special offers by which these partners will propose, on the Regard d'auteur website, products or services at advantageous rates. According to the cases, these offers can be permanent or temporary.

Service providers

SAS REGARD D'AUTEUR has negotiated with various service providers special offers by which these service providers will propose, on the website Regard d'auteur, products or services at advantageous rates. According to the cases, these offers could be permanent or temporary. These services will respond to common problems of professional Photographers (retouching service, coaching & mentoring, etc).

2. Creation of the Photographer's file

Connecting the Photographer with potential clients requires the creation of a complete descriptive file (also called online portfolio). The Photographer will transmit the elements necessary to the setting on line as soon as possible from the day of his registration on regardauteur.com. He will assume alone the consequences of a possible delay of transmission of information. Once his profile is validated, he can appear online on regardauteur.com

When the subscription of the Photographer has been paid, the online posting of his portfolio will be effective for the period corresponding to the subscription chosen, notwithstanding any delay in transmitting the information requested.

3. Setting in relation - Absence of subordination

3.1. Functioning of the setting in relation

The Site regardauteur.com offers a service of setting in relation described in Article 1 above. After selecting the Photographer online according to the criteria set by potential customers, it will be up to these customers to contact directly the Photographer (s) of their choice by making a request for quotation.

3.2. Independence of the parties

Therefore, the subscription to the services of the Site does not entail any obligation of result as to the number of services that may finally be entrusted to the Photographer. In case of contact by the potential clients with the Photographer, the latter will manage alone the appointments, the signature of the contract, the services, the invoicing, the follow-up, the delivery of the photos, etc.

Regard d'auteur does not substitute itself to the Photographer for the realization of the reportage and no link of subordination exists between the parties as for the realization of the service. The services of the Site are limited to a connection on the basis of an objective selection corresponding to the criteria of the services offered by the Photographer, put in relation to the requests of the potential customers having contacted the Site. The Photographer will be solely responsible for managing any contractual or extra-contractual disputes with clients or third parties, due to the services provided. The obligation to provide proof of valid insurance at the time of registration on the Site does not entail any responsibility on the part of the Site for the performance of services after the contact has been made.

By doing so, the Photographer avoids having to devote time to the initial sorting of requests for information, and is assured of being contacted, through the Site, only by potential clients whose expectations are already in agreement with the services he offers. The finalization of the agreement and the signature of a contract will be under his sole responsibility.

In some cases, Regard d'auteur may offer a mediation service in case of a dispute between the Photographer and the client, before, during or after the contracted service. This service is called the "AR guarantee". The mediation can only take place in the case of a contractual agreement between the Photographer and the client, subject to confirmation by e-mail from Regard d'auteur to the parties of the implementation of the AR guarantee for the service concerned. This mediation service has no legal value and is not a substitute for the services of a professional mediator to which the parties could have recourse under the signed contract.

3.3. Obligation of the photographer

In order to optimize the referencing of each photographer in our Site, the Photographer subscribed and / or presented online on regardauteur.com undertakes to use the HTML badge available on his Photographer Space and to insert it on his professional website. In case of difficulty in using the badge, he agrees to insert at least one hyperlink on his professional website pointing to the site www.regardauteur.com. This badge displays the mention "recommended by Regard d'auteur". The Regard d'auteur team will be able to ask the photographer to remove the badge or hyperlink from his site and to stop using the mention "recommended by Regard d'auteur" at any time if it judges that this use can harm his referencing or his reputation.

In order to guarantee the image of quality and seriousness of the Regard d'auteur guide, the Photographer commits himself to complete his profile and to present himself with a professional profile photo and to complete his online portfolio with at least 20 images among his best works. It is understood that, in order to maintain a high level of quality and constant consistency of the services offered, an online portfolio may be taken offline at any time, Regard d'auteur transmitting the information of the offline passage of the portfolio to the Photographer by email via the address indicated when creating his account.

4. Related services and offers

4.1. Training courses

Regard d'Auteur will offer training courses for Photographers, involving professionals likely to bring added value in various sectors of interest to members of the community.

The training courses may touch on technical, marketing, business (accounting, law, etc.), personal development, or any other topic related to the development of the Photographer's professional activity.

The Photographer's membership does not imply any obligation to participate in the trainings, which are only one of the other offers available on the Site (see 4.5. below).

In case of participation, the Photographer will be asked to pay the participation fees according to the terms agreed for each training. The Photographer's participation in a training session is subject to acceptance of the conditions of the Professional Training Agreement governing the training actions organized by Regard d'auteur, as well as the rules of procedure specific to each training course.

4.2. The competitions

The themes and modalities of each of the competitions that will be organized on the Site are left to the discretion of Regard d'Auteur.

The vote deciding the participants will be entrusted to a jury composed of professional photographers recognized by their peers.

The result of each competition will influence the general ranking of the photographers, making it possible to distinguish each year the Photographer of the Year. Each Photographer will be able to follow his geographical ranking (regional, national or international) as well as by theme (wedding/portrait, birth, couple, pregnancy, family, etc). He will be able to communicate regularly on his ranking to highlight his business on the web.

The terms and conditions of the contest and its impact on the overall ranking will be specified when the contest is announced.

4.3. The promotion on the web and the connection

The posting of the Photographer's portfolio on regardauteur.com is subject to the purchase of a subscription by it. Some subscriptions offer advantages, such as the extension of the online posting of the Photographer's file.

Once the subscription is completed or in certain special cases, Regard d'auteur may decide to extend the online posting of the portfolio concerned ci, according to the assessment of the Regard d'auteur team, the Photographer has not obtained all the expected connections by purchasing this subscription. This extension is not an obligation and will in no case be automatic.

When a Photographer has a portfolio online, he can request its removal by simple request by email to regardauteur.com, without need to specify the reason.

4.4. Accreditations

The Photographer will be invited to submit a file of 150 images to the evaluation by the jury. His/her images will be uploaded directly to his/her Photographer's Space, My Evaluation tab, respecting the official rules of the evaluation (available in the same tab).

The Photographers' participation in the evaluation on the Site may lead to the awarding of a distinction called accreditation.

4.5. "Partner" and Service Provider Offers

Member Photographers have access, throughout the duration of their membership, to offers proposed by "Partners" as well as those proposed by "Service Providers", and presented on the Site.

When the member wishes to take advantage of one of these offers, he or she will subscribe to it by ordering the service or product, which will put him or her directly in touch with the Partner or the Service Provider concerned. Regard d'Auteur assumes no responsibility for the execution of the order by the Partner. The offers have been selected according to the quality of the products or services offered by the Partner. The Photographer will however inform Regard d'auteur if any difficulty should arise in the delivery of the service or product, in order to allow Regard d'auteur to possibly question the partnership.

The service or product delivery by the Partner will be invoiced directly by the latter to the Photographer.

5. Maintenance of online portfolio

5.1. Maintenance of membership

The Photographer agrees to provide annually, from the anniversary date of his or her first online portfolio posting, the required supporting documents.

The maintenance of his or her membership will be conditioned by the annual provision of these documents, and the verification by the Regard d'auteur team, that he or she still respects the commitments made at the time of signing the Charter.

He also agrees to update his information (profile), his profile photo as well as the images composing his portfolio, at least once a year.

Decisions are taken exclusively by the management of Regard d'Auteur.

The latter may be informed by any other ambassador, member of the jury, trainer or partner, of the existence of a single or repeated breach on the part of the Photographer.

5.2. Taking the portfolio offline

The taking of the Photographer's portfolio offline may occur in particular in case of:

- Violation by the Photographer of one of the commitments contained in the Charter, duly noted and demonstrated by the Regard d'Auteur team as defined above (Art. 5.1. )

- Failure to pay the subscription

- Failure to transmit the requested proofs

- Complaints brought up by clients who have used the services of the Photographer through the Site or not, when the grievances invoked demonstrate the violation by the Photographer of one of the commitments of the Quality Charter. This clause applies without time limit.

- A Photographer who would be guilty of infringement or abuse in the use, ordering or access to the offers of the partners (sharing the benefit of an offer with a third party without authorization, ordering in his name for the exclusive benefit of a third party, etc. )

- A photographer who is guilty of infringement or abuse in the use of the images or texts of another community member, partner or any other person in relation to Regard d'auteur.

- A Photographer who would put online himself or have a third party put online false customer reviews, deceiving the trust of Regard d'Auteur as well as the Internet users.

In all cases, Regard d'Auteur will make sure to encourage a discussion in order to solve possible difficulties. If the Photographer fails to solve the problem and modify his practices, his portfolio may be taken offline.

In the event of being taken offline, the subscription paid for the remaining period will not be refunded.

Any online publication is subject to validation by the Regard d'Auteur team of the quality of the images presented in the portfolio of the Photographer concerned. The simple fact of paying a subscription does not constitute a sufficient means to appear online.

6. Communication related to Regard d'Auteur

6.1. Throughout the duration of the online publication of his portfolio, the Photographer authorizes Regard d'Auteur to use his images in the strict framework of communication relative to Regard d'Auteur and the Quality Charter. Any use must be accompanied by the name and surname of the Photographer, directly under the image concerned or elsewhere on the page depending on the available layout. It may be accompanied by a text accompanying the images, and this on the sole decision of the team responsible for communication.

6.2. The photographer certifies that he/she is authorized to use the image of the persons or subjects present in his/her images, in accordance with French law, for each of the images used in the framework of the operations conducted by Regard d'auteur. This concerns in particular the images uploaded on the online Portfolio, the images entered in contests, the games on social networks, etc. This list is not exhaustive. In case of dispute with one or more subjects contained in the images of a photographer, SAS Regard d'auteur cannot be held responsible for the unauthorized use of one or more images. The photographer concerned, author of the images, will be responsible and will have to contact his clients. In case of complaint, Regard d'auteur will withdraw the concerned image(s) on simple written request ar email to [email protected].

6.3. The Photographer is aware that communication around Regard d'Auteur ensures increased visibility, and increases the chances that he will be able to sign new contracts with clients, thus increasing his own reputation.

The media of use, limited to communication related to Regard d'Auteur, may be both material (flyers, totems at trade shows, etc..) and virtual (website, social networks, mailing lists).

6.4. In the event of the Photographer's account being taken offline and/or his account being deleted, for whatever reason, Regard d'Auteur undertakes to delete from the virtual media the photographs of which he is the author and which would still be in use, within the deadlines and conditions below. When photographs have been reproduced on materialized supports (Flyers), Regard d'Auteur will be authorized, for ecological reasons, to dispose of the existing stock but will not proceed to a new printing. If one or more photographs are reproduced on materialized media with a longer lifespan (totems, booth decorations), Regard d'Auteur will refrain from using them more than 6 months after the date of termination, unless otherwise agreed between the parties.

When the photographer uploads images to his portfolio on regardauteur.com, he accepts without delay their use as part of the promotion of the brand, its services and photography services to potential customers. This use is granted without monetary compensation.

6.5. In case of withdrawal of an online portfolio by Regard d'auteur, the images transmitted by the Photographer on the Site will be removed from the website within 6 months. Regard d'auteur commits itself not to use them for a new communication support.

Publications already made (blog, social networks), published by Regard d'auteur on its Site/its social networks or on a partner site/social networks are not concerned by this withdrawal obligation and the Photographer authorizes their diffusion after this delay. The images published on the blog will not be removed after a Photographer's portfolio has gone offline, unless the Photographer requests it by email to [email protected].

Concerning the publications on the blog, Regard d'auteur will be able to remove images published on a simple request from the Photographer, within a period of 30 days from the receipt of the request, and concerning all the blog articles mentioned by the Photographer. Concerning the publications on social networks, Regard d'auteur can delete images published on simple request of the Photographer, within 30 days from the reception of the request, and concerning all the publications mentioned by the Photographer, published during the 3 months preceding the request. Previous publications are not subject to a withdrawal obligation, unless they would then be detrimental to the Photographer concerned.

6.6. Given the large number of images published on the Site, on social networks or on other media, It may happen that one or more images are not removed within this period. The photographer, aware of the promotion and/or the notoriety that the use of his images brings him, renounces to ask for a pecuniary compensation if this delay was exceeded. He/she may send a request for immediate deletion of the images at any time, by email to [email protected], in order to ensure faster processing.

7. Courtesy - Netiquette

The Photographer commits, in any communication on the discussion spaces, on the Site and towards Regard d'Auteur, to refrain from any abusive, degrading, or voluntarily aggressive comments.

In case of obvious breach of this commitment, he may be subject to immediate deletion of his online portfolio and account, without the possibility of reimbursement of his subscription.

8. Applicable law and jurisdiction

In case of dispute, the parties agree to seek an amicable solution beforehand.

Failing that, and depending on the subject matter of the dispute, the competent jurisdictions are as of now designated by the parties, namely:

- For any dispute relating to intellectual property, and in accordance with Decrees No. 2009-1204 of October 9, 2009 and No. 2010-1369 of 12/11/2010 amending the Code of Judicial Organization and Decree No. 2009-1205 of October 9, 2009 also amending the Code of Intellectual Property, one of the courts designated by these Decrees or any court that an amending law would designate.

- For any other litigation, the Court of the place of the head office of the SAS REGARD D'AUTEUR.