Service
Each member must accept the general conditions of use in order to use Extrafilm's various services.
For each member registration, EXTRAFILM saves the date of the click, which constitutes the date of conclusion of the contract governing relations between the user and EXTRAFILM. This contract is effective at the time of registration at EXTRAFILM, i.e. upon tacit acceptance of the general conditions of use of the services. Each of the parties may terminate the contract without a reason or prior notice.
The general conditions for use of the services describe the services of Extrafilm as well as the rights and obligations of its members.
I – Registration of the member and confidentiality of information
A person may benefit from the online album services of Extrafilm after completing the registration form and accepting the present general conditions of use.
Under the French law No. 78-17 of 6 January 1978 relating to information technology, files and freedom:
- The processing of nominative information regarding members and visitors of the company was reported to the CNIL (registration number 710229).
- Members and visitors have a right of access, rectification and deletion of data concerning them. This right may be exercised at any time EXTRAFILM by e-mail or by sending a letter in the mail.
At the time of registration, EXTRAFILM offers each new member the option of receiving the Newsletter and/or offers of services or photography equipment. If the new member accepts, EXTRAFILM is authorised to use the information on the member for the periodic mailing of these informational letters. The Member may choose at any time to stop receiving such mailings in the "My account" field or by clicking the unsubscription links located at the bottom of each e-mail received.
II – Welcome and referral offers
EXTRAFILM provides offers for free prints through its partners. The points enabling these offers to be enjoyed are credited to the account of the member only if his or her indicated e-mail address is valid and indeed belongs to a separate individual.
EXTRAFILM and its partners specifically reserve the right to deny the use of points when:
- the referral points have been acquired from inactive e-mail accounts and/or e-mail accounts belonging to the same person.
- more than one trial offer is to be sent to the same mailing address and/or to the same person.
EXTRAFILM and its partners use various criteria to detect non-compliant uses of discount points: computer IP address, photograph characteristics, customer postal address, etc.
III – Cookies
To be as aware as possible of the needs of its members and visitors, EXTRAFILM uses cookies. Cookies do not indicate the electronic address or the identity of the member. They are created in order to record information relating to navigation and the use of the various services offered.
If the member so wishes, he or she may refuse cookies by changing the browser's Internet options. Members who wish to order paper prints must, however, accept the cookies necessary for processing the order.
In every case, the personal information obtained by means of cookies shall not be subject to any use (file rental, exchange or sale) other than that strictly associated with Extrafilm's activity.
IV – Services
EXTRAFILM offers various online photo album services to digital camera users.
A. Posting digital photographs online.
EXTRAFILM offers a free photograph hosting service which members download in the photo albums.
The storage of your photos is for an unlimited period, as long as at least one order is placed on the website within 12 months after the subscription day or the last order made.
B. Digital photograph prints
When they access the albums, members and their friends and family have the option of ordering prints on professional photographic paper or on other media (T-shirts, mouse pads, etc.).
These various tasks are carried out either internally or by commercial partners.
V – Extrafilm's responsibilities
EXTRAFILM technically provides the hosting of photographs but is in no case responsible for their content or their use.
For the purpose of its Internet site maintenance, EXTRAFILM reserves the right to temporarily interrupt its services, in particular for occasional operations on the company's server.
EXTRAFILM is not responsible if its services are unavailable as a result of any technical Internet incident.
The company is not responsible for any technical cause resulting in the loss of photographs previously uploaded to the website: it encourages its members to save personal copies of their files.
The company is not responsible for any interception, on the part of other network users, of uploaded photographs or photographs in the process of being uploaded to EXTRAFILM. The site is not responsible for any damages resulting from the interception of files. The member states that he or she understands and accepts these risks associated with the Internet.
EXTRAFILM may remove or change the characteristics of its services at any time, without prior notice.
VI – Responsibilities of members
The member's password is personal and confidential: the member alone is responsible for the use of his or her password.
Users who provide third parties with the information necessary for accessing their albums implicitly authorise these third parties to view their photographs and order paper prints. The user is responsible for the use of these photographs by said third parties.
The user agrees to comply with the European laws in force, and in particular the legal provisions on pornography, violence and pedophilia.
More generally, the user agrees not to send photographs or to enter any comments:
- contrary to public order and good ethics;
- with abusive, libellous, racist, xenophobic or revisionist content or causing injury to the honour or the reputation of another individual;
- inciting discrimination or hatred of a person or a group of people because of their origin, ethnicity, nationality, race or religion;
- inciting criminal activity or an act of terrorism;
- justifying war crimes or crimes against humanity;
- inciting suicide;
The company reserves the right to carry out inspections and to exclude, without prior notice, members not complying with these rules. In addition, members who do not comply with the European laws in force are subject to prosecution.
The user is fully responsible for obtaining the intellectual property rights for the photographs and/or photographed objects presented in his or her albums.
The member agrees to abide by the rights of individuals and property, and more specifically:
- the personality rights (in particular the right to the image and the right to privacy);
- trademark rights;
- copyrights (in particular the rights to the photographs, the rights to the images, and the rights to texts);
- associated rights (artists, interpreters and producers).
The company reserves the right to carry out inspections and to exclude, without prior notice, members not complying with these rules. In addition, members who do not comply with the European laws in force are subject to prosecution.
The member indemnifies EXTRAFILM against any claim on his or her part or on the part of any individual concerning the photographs in his or her albums or due to his or her exclusion from or the suspension of EXTRAFILM services.
In the case of a judicial review application or of complaints, EXTRAFILM shall have the right to provide all information that it has regarding the member and/or the service.
VII – Acceptance
If one or more stipulations of the present agreement are considered to be invalid or declared as such by the application of a law, regulation or following a definitive decision of a competent jurisdiction, the force and scope of the other stipulations shall be maintained. Both parties thus agree to replace the clause declared to be null and void with a clause that most closely resembles the content of the original clause.
By checking the box "Yes, I accept the general conditions of use of the services of Extrafilm", the contract governing relations between the company and the user is formed.
This contract constitutes the entire and single contract between the parties. It replaces and renders void, in particular, any prior agreement.
This contract is governed by French law. Any lawsuit relating to the validity, interpretation or execution of the contract, and after reconciliation efforts have failed, shall be brought to the competent courts.
The present general conditions are subject to change in the future. Each modification is tacitly accepted by the members. It is the responsibility of the members to regularly inform themselves about the new general conditions of use of the services.
For any question regarding the general conditions of use of the services, please e-mail us at contact@extrafilm.co.uk