Acceptable Use Policy
Last updated: August 13th 2019
1. Purpose of this acceptable use policy
The purpose of this acceptable use policy (hereinafter: the "Acceptable Use Policy") is to specifies the guidelines for users of TWICPICS’s image processing software solution (hereinafter referred to as the “Solution”) and the services attached thereto (hereinafter referred to as the “Services”), through the website www.twicpics.com (hereinafter: the “Website”).
2. Manager of the Solution and the Services
The Solution and the Services are managed by the company TWICPICS, a French simplified joint stock company (“Société par Actions Simplifiées”), registered under number 840 701 767 with the Registry of Trade and Companies of Paris, whose head office is located at 10, rue de Penthièvre – 75008 Paris - FRANCE (hereinafter: “TWICPICS”).
3. Acceptance of this Acceptable Use Policy
This Acceptable Use Policy can be accepted by checking a checkbox in the registration form.
This acceptance can only be full and complete. Any qualified acceptance is considered as null and void. Any User who does not accept to be bound by this Acceptable Use Policy must not use the Solution and the Services.
TWICPICS reserves the right to amend this Acceptable Use Policy at any time. Users shall be informed of these amendments through any pertinent channel.
Any User who does not agree with the amended Acceptable Use Policy must no longer use the Solution and the Services. Users who continue to use the Solution and the Services after the entry into force of the amended Acceptable Use Policy shall be deemed to have accepted these amendments.
5. Respect of law
By using the Solution and the Services, you agree to respect and abide by all laws and regulations in force and not to violate public order or infringe the rights of any third party.
6. Master Images
6.1 Processing of Master Images
When processing master images through the Solution (hereinafter: the “Master Images”), you warrant that the Master Images are legal, do not disrupt public order, are not contrary to accepted standards of public decency, do not infringe any third-party rights or legal provision and / or regulation, and, more generally, are in no way likely to expose TWICPICS’ civil or criminal liability.
For that purpose, you undertake not to publish and/or process:
- Master Images related to weapon sales;
- Master Images that are pornographic, adult materials, that feature or promote sexuality, that are liked to sex industry, save for Master Images related to sex
education without any intent to sexually arouse;
- Master Images of child abuse or related to child pornography;
- Master Images related to drugs, promoting illegal activities, scam, crime (such as stealing, fraud, terrorism, bombs, illegal access to telephone or web networks,
anarchy) and/or depicting murder and suicide and explaining ways to commit them;
- Master Images of violent, racist, xenophobic or revisionist nature;
- Master Images related to illegal drugs;
- Master Images that could harm a third party's computer system (such as viruses, worms, Trojan horses, etc.);
- More generally, Master Images that are likely to infringe the rights of others or cause harm to others in any manner or form.
6.2 Claims for Master Images
TWICPICS has no knowledge of the Master Images that are processed through the Solution, and shall not moderate, select, check or monitor in any way these Master Images, with regard to which TWICPICS only intervenes as a technical intermediary.
Accordingly, TWIPICS cannot be held liable for Master Images whose authors are third parties, and any potential claims should be made firstly to the author of the Master Image in question.
Any Master Image that causes prejudice to a third party can however be the subject of a complaint to TWIPICS within the provisions set out in Article 6 I 5 of the French law n° 2004-575 on confidence in the digital economy of 21 st June 2004.
For that purpose, you may sent a claim through the following channels :
- Email address : firstname.lastname@example.org;
- Street address : 10, rue de Penthièvre – 75008 Paris – FRANCE;
When filing a claim, you must provide the following indications :
- Provide the following information :
- If you are a physical person : your name, surname, job occupation, street address, nationality, date and place of birth,
- If you are a legal entity : your company name, company form, your head office, your representative;
- Identify the exact litigious Master Image;
- Precise the reasons why the Master Image must be removed, including reference to legal conditions and supporting evidence;
- Document your efforts to contact the author directly;
- Provide an email address to enable this author or TWICPICS to contact you.
Upon reception of your claim, TWICPICS will promptly forward to the relevant author. TWICPICS also reserves the right to take the measures set forth in article « Sanction for breach ».
7. Prohibited behavior
7.1 You are strictly prohibited to use the Services to the following purposes:
- Carrying out activities that are unlawful, fraudulent or infringe on the rights or the security of others,
- Violating public order or any local policy or laws,
- Hacking into the computer system of a third party or any activity aimed to harm, control, interfere or intercept all or part of a third party's computer system, violating its integrity or its security,
- Sending unsolicited emails and / or prospecting or commercial solicitation,
- Tampering with the aim to improve referencing of another site,
- Using the Website for the release of information or links to third party websites,
- Assisting or inciting, in any manner or form whatsoever, the carrying out of one or several of the actions or activities described above,
- And more generally, any action that uses the Services for any other purpose than that for which they were designed.
7.2 You are strictly prohibited from copying and / or using for your own purposes or those of a third party, the concept, technology or any other component of TWICPICS’ Website.
7.3 The following is also strictly prohibited:
(i) any behavior that would interrupt, suspend, slow down or prevent continuity of the Services,
(ii) any hacking or attempts to hack into CompanyName's IT systems,
(iii) any hijacking of the Website's system resources,
(iv) any acts that would place a disproportionate load on the Website's infrastructure,
(v) any attempts to breach the Website's security and authentication structures,
(vi) any acts that could infringe on the rights and financial, commercial and moral interests of CompanyName or of the Users of its Website and finally,
(vii) more generally, any breach of this acceptable use policy.
7.4 You are strictly prohibited to make money from, sell or concede all or part of one's access to the Services or to the Website or to the information that is hosted and / or shared on the Website.
8. Sanctions for breaches
In the event of a breach by a user of any of the provisions of this Acceptable Use Policy or more generally, of any infringement by this user of any laws and regulations in force, TWICPICS reserves the right:
(i) to suspend, cancel or prevent access to the Solution and the Services of the user who has breached any provision or infringed any law or regulation, or who has participated in this breach or infringement,
(ii) to delete all or part of any Master Image or any other content in relation with said breach or infringement,
(iii) to take any appropriate measures and to commence and prosecute any legal proceedings,
(iv) to inform, where appropriate, any relevant authorities, to cooperate with them and to provide them with all information that may be required for the investigation and the repression of illegal or illicit activities.