Prior to using Hypeed's website, the User must accept the Terms of Use when opening an account on Hypeed and when uploading each Contribution. Hypeed is a Limited company with share capital of 6000 euros, registered under number 518 466 644 RCS Paris, having its headquarters 2 bis, rue Tiphaine 75015 Paris, France. Agreeing to the Terms of Use is mandatory to use Hypeed Website.
Once the User has accepted the Terms of Use, he must abide by its provisions. If he does not agree with the content of the Terms of Use and if the User does not accept the conditions and obligations set forth in this agreement, he should not use Hypeed's Service.
The User represents that he has the capacity to enter into this agreement. If the User is below the age of 18, he must have been authorized to use Hypeed Website by his parents or guardian. All individuals and legal entities, acting alone or representing third parties, may use the Hypeed Website, regardless of whether they perform a professional, commercial or other activity. If the User is acting in the name and on behalf of his employer, he must have been granted the relevant authority or power.
Hypeed reserves the right to make minor amendments to the Terms of Use from time to time. Where possible, Hypeed will notify Users of the changes made to the Terms of Use by e-mail or make an announcement in that respect on its blog and/or on the Hypeed Website. If The User does not accept the amended Terms of Use or the conditions and obligations set out in the amended agreement, do not use Hypeed's service. Should any amendment lead to the revision of the offer, Hypeed undertakes to submit the amended Terms of Use to the User for approval.
Within the scope of this Terms of Use, including in the forewords, the following capitalized terms and expressions, used in the singular or plural, shall have the meaning ascribed thereto herein below:
"Agreement" means the legal agreement between the User and Hypeed that is the Terms of Use agreed by the User;
"Briefing" means the specifications and rules applicable to participate in a Call for Contribution ;
"Call for Contribution" means contests organized by Hypeed or its Partners with a view to select one or more Works and naming one or more winners from among participating Contributors ;
"Contributor" means the User who uploads his Contributions onto the Hypeed Platform. Contributor applies to both male and female Contributors, as well as legal entities ;
"Features" means a compilation of Contributions uploaded onto the Hypeed Website by one or multiple Contributors, selected, assembled and edited by Hypeed ;
"Hypeed Platform" means the online platform that can be reached on the Internet on the Hypeed Website and via mobile phones and devices;
"Hypeed Service" means the services provided by Hypeed to the Users on the Hypeed Platform;
"Hypeed Website" means the Internet web site that can be reached at www.hypeed.com as well as domain names with other geographical endings ;
"Partner" means a company who has entered a partnership agreement with Hypeed in order to organize one or multiple Calls for Contributions and use Hypeed Services ;
"Photographic Work" means a work consisting of a fixed image captured using an optical device equipped with an analogue or digital recording system.
"Special requirements" means specific rules defined by Hypeed or its Partners that apply in certain cases to Calls for Contributions;
"Series" means a compilation of Works uploaded by a Contributor and organized as Contribution to a Call for Contributions ;
Terms of Use" means the terms and conditions of this agreement that set forth the use of the Hypeed Platform;
"User(s)" means the individual (or individuals) who accesses the Hypeed Platform, directly or indirectly, creates a personal account on the Hypeed Website after agreeing to the Terms of Use. User applies equally to male and female Users, as well as legal entities;
"Works" means the Photographic Works uploaded onto the Hypeed Platform under the conditions provided for herein;
The terms of Use govern the use of the Hypeed Website as well as of the Hypeed Service.
The Terms of Use sets forth the rights and obligations of the Users. The Terms of Use is legally binding. Therefore, the User should read it carefully before ticking the designated acceptance box to show his agreement hereto. We advise to retain a copy of the Terms of Use, which also set forth the terms of the licence granted by Contributors to Users who send us photographs electronically in accordance with the terms set out below. The User agrees to abide by the Terms of Use throughout the time he uses the Service.
Hypeed's Platform allows Contributors to upload, host and share online with the public the Works, Series or Features. Access to service requires a personal account. Users who have created a personal account have entered into an Agreement with Hypeed and are the sole responsible for all actions performed via the personal account as specified in the Terms of Use.
Users can participate in Calls For Contribution, Hypeed's Service, organized by Hypeed and its Partners and communicated on Hypeed Website. Aim of the Calls for Contribution is for the User to contribute with his Works that he can upload using Hypeed's Website respecting the requirements communicated by Hypeed or its Partners on Hypeed's Website and allowing Hypeed or its Partnes to select Contributions.
The requirements by Hypeed and its Partners are presented in the Briefing information shown for each Call for Contribution. In some case Hypeed and its Partners have special requirements for Calls for Contributions, which are also communicated on Hypeed's Website together with the Call for Contribution information. Participation by a User to a Call for Contribution requires the acceptance of the Briefing information and Special Requirement in special cases.
The participating User accepts the Terms of Use and acknowledges that the Agreement contains non-exclusive usage-rights for Hypeed and its Partners to use the Works and Contributions submitted to a Call for Contribution. The usage rights for internal and external use on the Internet, in mobile networks or other media are granted at the moment of upload of the Works and Contributions to Hypeed using Hypeed's Website.
Upon his participation the User accepts the requirements presented as part of the Briefing and Special Requirements and to consent to it during the entire Contribution.
Users have access to the following community features: score and comment Contributions, share Contributions with non-Users of Hypeed Website, compile their Works as part of a Series and participate in special contests.
Users can also publish their Contributions outside of Hypeed to social networks and external websites using the Blog Widget, Facebook Connect, Twitter or other similar features, and acknowledge to the usage rules set by the Terms of Use.
The User may only use the Hypeed Service once he has created a personal account by agreeing to the Terms of Use and by indicating his first name, surname, date of birth, country of residence, e-mail address. When the User registers on the Hypeed Website, he must choose a password in order to access his personal account with the corresponding mail address, by which he can access all of the personal details as well as the Works provided by the User.
The User undertakes to keep password and other access details confidential. The User will be responsible for all use of the web site made using his access credentials, including but not limited to the transfer and uploading of Works. The username must respect the rules stated in Article 6 of the Terms of Use on restricted uses. The username must not be erotic, pornographic, violent, related to a brand, a commercial name, a trademark, a registered mark. Hypeed is entitled to suspend the personnal account and/or ask the User to change the username, in case Hypeed is aware of a violation of this rule.
When registering on Hypeed's Website, the User must provide clear and accurate personal details in order that be identified in the event of a dispute. The User personal account may be closed should the User provides any inaccurate or libelous details. The User is responsible for the use of his account accessed using his credentials. All use of the web site through his account will be deemed to have been made by the User.
Contributors submit their Works to Hypeed Website by uploading them to Hypeed's servers using Hypeed's Platform. Files containing the Works uploaded by the Contributor must conform to the technical specifications posted on the Hypeed Website. The Contributor warrants that the files and data he provides to Hypeed shall not under any circumstances be originals, but a copy of the originals, which shall be retained by the Contributor. The Contributor acknowledges and agrees that Hypeed shall not incur any liability for the loss of the files or data submitted to it by the Contributor. The Contributor undertakes to provide all the information it requires in order to index each Work. This indexation process consists inter alia of providing a description of the Work, allocating key words to each Work, providing a title and caption for each Work.
With regards to the posting of Works after the latter have been uploaded or broadcasted via the Blog Widget, Facebook Connect, Twitter or other similar features, the User undertakes not to use the Works in publications, on websites or on any broadcasting space if the content thereof or the relevant editorial guidelines may undermine the honor or reputation of Hypeed, its activities or its representatives or if they may constitute Illicit Content as described in article 6.
The Blog Widget, Facebook Connect, Twitter or other similar features may only be used for non-commercial purposes. Accordingly, the User undertakes not to use the Blog Widget, Facebook Connect, Twitter or other similar feature to link up to a commercial website or the page of a commercial website, including but not limited to a professional sales or online service site, or the website of a commercial brand or company.
The User undertakes not to use the Blog Widget, Facebook Connect, Twitter or other similar feature in order to promote a product, service, brand or activity of a commercial nature.
By way of illustration, Users may blog to and on personal blogs, the websites of associations, not-for-profit organizations, etc.
In the event of a breach of these provisions, the User shall be liable. Hypeed may, therefore, automatically terminate this Agreement based on a fault attributable solely to the User and the User shall not make use of the Hypeed Platform.
The User undertakes to act correctly and courteously towards Contributors and with regard to the Works when leaving comments related to Works and using the internal messaging system. These comments and messages must not be insulting, defamatory, racist, discriminatory or incriminating as described in Article 6. Hypeed may suspend a User's personal account at its discretion in the event of improper behavior.
The Contributor is responsible for his Works posted on Hypeed's Website.
The Contributor undertakes to respect all legal provisions including provisions related to injurious, racist, pornographic, libelous, pedophile content as well as content that is likely to constitute denial or violation of human dignity. The Contributor undertakes not to violate anyone's rights.
The Contributor undertakes not to upload on the Hypeed Platform Illicit Content, of any kind or any nature:
- which constitutes justification of crimes against humanity or war crimes, Nazism, crimes or offences, a denial of the existence of crimes against humanity or known acts of genocide; a violation of human dignity;
- which is violent or pornographic, pedophile or likely to violate a minor's right;
- which is a violation of public order or decency;
- which is defamatory, libelous, is an insult, against anyone, individual or legal entity;
- which is an infringement of an intellectual property right, an unfair competition ;
- which is racist, xenophobic, a denial or likely to violate anyone's reputation, which is a provocation of discrimination, hatred or violence vis-a-vis an individual or group of individuals on account of their origin, sex, family situation, physical appearance, family name, health, disability, genetic characteristics, morals, actual or assumed sexual tendencies, age, political opinions, union activities, actual or assumed adherence to an ethnic group, nation, race or religion ;
- which is an invasion of privacy, of private letters, emails, by reason of the unauthorized capture, recording or transmission of words spoken on a private or confidential basis, which violates privacy and right of publicity;
- which contains any virus, worm, Trojan horse or any computer file or program that is liable to interrupt, destroy or restrict the functions of any computer or IT network that has any (distant or close) relation with Hypeed's activities ;
- which threaten a person or people ;
- which encourages to break the law;
- which allows a third party to acquire, directly or indirectly, of pirated software, software that allows acts of piracy and intrusion into computer systems and telecommunications, viruses and other logic bombs and generally any software or otherwise attempt to infringe the rights of others and to the safety of persons and property;
- which breaks the law.
When uploading his Work and as long as he uses Hypeed's Platform, the Contributor warrants that the Works are not Illicit Content. Thus, the Contributor undertakes to renew this warrant at each upload by ticking the "Upload and Participate" box (Hypeed may change the name of the album without changing its main characteristics).
Hypeed may suspend or withdraw any Illicit Content.
If the User is ascertain that Works that are being broadcasted on Hypeed without the consent of their author or the holder of the rights thereto, User is encouraged to notify Hypeed moderation department by following the instructions on Hypeed Website to "Notify fraud" (Hypeed may change the name and procedure).
The User undertakes to give all the necessary information such as:
If so, the Work is withdrawn from Hypeed broadcasting service as soon as Hypeed receives the alert notification.
A User that would happen to present a Work as fraud in order to get it withdrawn or in order to suspend its broadcasting may be found liable on a penal basis, as long as he knew that the Work was not fraudulent.
In case Hypeed receives a notification related to justification of crimes against humanity, racial hatred, and pedophile pornography, Hypeed is entitled to disclose it to a judicial authority.
The Contributor grants Hypeed the non-exclusive right to use his Works on the Internet and on mobile networks for marketing and promotional purposes of Hypeed's Service, of Hypeed's Platform and of Hypeed's products.
The Contributor grants Hypeed the non-exclusive right to broadcast the Works in order to enable Hypeed to provide the Service.
The Contributor grants the same non-exclusive rights to Hypeed Partners for a non-exclusive use of his Works on the Internet and on mobile networks.
The User undertakes to preserve the Contributor's moral rights. Accordingly, the User shall mention the author's name whenever the Work is used, reproduced, displayed, commercialized. The Contributor is hereby informed that each licence granted by the User to a Third Party shall entail the obligation for the latter to mention the Contributor's name.
The Terms of Use stipulation on the licence shall take effect on the date on which the User accepts the Agreement by ticking the box below the Agreement. The non-exclusive rights granted shall remain in effect on a worldwide basis for the duration of the intellectual property rights covering the Works.
The Contributor warrants that the User shall peacefully enjoy and exercise all of the rights attaching to the Works. Accordingly, the Contributor shall hold the User harmless against any disturbance, legal action, complaint, opposition, claim and eviction instigated by a third party claiming that one of the Works breaches his rights, as well as against any loss or liability incurred in connection with the exercise of the rights attaching to the Works.
In this respect, the Contributor warrants that he has obtained permissions of all the people represented on the Works, or of their contractual or legal representatives, in order to use their image, allowing the Contributor to make commitments under this Agreement in its own name. The Contributor irrevocably undertakes to provide the User or/and Hypeed at any time, at their request, with written proof or a copy of all written documents confirming such authorizations.
The Contributor warrants that he is the sole proprietor of the intellectual property rights granted to the User; In the event the Contributor is not the sole proprietor of the aforementioned rights, it irrevocably warrants to the User that, before making its Works available, it obtained all of the authorizations and rights required for the non-exclusive rights granted in writing from all proprietors of intellectual property rights to the Works or from the copyright collecting societies representing such proprietors allowing the Contributor to make commitments under this Agreement in its own name and, where applicable, in the name and on behalf of the aforementioned individuals. In this respect, the Contributor irrevocably undertakes to provide the User or/and Hypeed at any time, at the latter's request, with written proof or a copy of all written documents confirming such authorizations.
As a result, the Contributor shall pay all amounts owing to the said proprietors of intellectual property rights and said copyright collecting agencies in respect of the reproduction, representation and exploitation, free of charge or for valuable consideration, of the Works. The Contributor undertakes to fully reimburse to the User or/and to Hypeed, at the latter's first request, any fees, damages or legal costs which the User or/and Hypeed may be compelled to incur on account of the reproduction, representation or exploitation of the Works pursuant to the Agreement.
The Contributor warrants that he has not assigned some or all of the rights to the Works to a copyright collecting society mentioned in Section L. 321-1 of the French Intellectual Property Code such as to prevent it from entering into this Agreement. The Contributor warrants that he has not assigned, licensed or transferred to a third party, by any means, some or all of the rights to the Works, including any right of first refusal, preferential right or option under conditions that would prevent it from entering into the Terms of Use, and undertakes to refrain from doing so for as long as the Contributor makes its Works available on Hypeed's Platform. In this respect, if the Contributor wishes to enter into an agreement with a publisher, producer or copyright collecting society, before signing such agreement, it must remove the Work or Works concerned from Hypeed's Platform and notify the other party of the fact that the Work or Works has/have already been broadcasted and used on Hypeed's Platform.
The Contributor warrants that none of the Works constitute infringements of intellectual property rights, in whole or in part; The Contributor warrants that the Works do not contain any element to which a third party may claim a right of title, in particular a copyright, related right or personality rights; The Contributor warrants that he the Works do not contravene the statutes and regulations in force, nor do they contain any of the unlawful.
The Contributor is hereby informed that it may incur liability should any of its representations be inaccurate. Hypeed shall be entitled to demand that the Contributor reimburse any amount payable, on any ground whatsoever, by Hypeed to a beneficiary on account of the reproduction and/or the representation and/or the making available or communication to the public of the Works by Hypeed. As a result, the Contributor shall pay all of the costs incurred by Hypeed to defend itself, including lawyer's fees, damages, costs and expenses not included in the costs which Hypeed may be ordered to pay by virtue of a final or enforceable court decision which witnesses and records the violation of a copyright, trade mark, patent, commercial or manufacturing secret or any other right of title or exclusive right. In the event a final or enforceable court decision is issued which prohibits the User from using the Works, in whole or in part, the Contributor shall be responsible for the following, at its own expense and without prejudice to the damages payable to the User on account of the loss sustained:
- obtaining authorization to continue to use the Works or procuring the withdrawal of the claimant's application, on the understanding that the User shall incur no further expense; or
- modifying or replacing the Works with works of an identical quality to ensure that they do not constitute infringing material.
If the Contributor is unable to achieve the results set out hereinabove, Hypeed may cancel or terminate the Agreement by operation of law in accordance with Article 9 and the User shall not use the Hypeed Service.
Hypeed may at its discretion, terminate the Agreement, in whole or in part, by operation of law as from the effective date hereof, without prejudice to any damages that may be owed to it by the Contributor if the Contributor breaches any one of its obligations hereunder if a formal notice to remedy such breach sent to the Contributor by e-mail or registered letter with advice of receipt requested remains without effect for eight (8) calendar days
The User may terminate the Agreement at any time after it has come into effect by giving notice of termination to Hypeed in accordance with the online termination procedure.
The Contributor acknowledges that termination of this Agreement shall not call into question Hypeed's rights to use the Works for any purpose that involves the Works as specified above and which requires broadcasting via streaming.
Hypeed reserves the right to suspend access to a personal account at any time, temporarily or permanently, if the User breaches any clause of the Terms of Use, in particular if Hypeed is aware that the Hypeed Website is used for misconduct, if the personal information used to create an account on the Hypeed Website are false, if the User breaches the clauses regarding Illicit Content.
In case a personal account is suspended, Hypeed sends an email to the User whose account has been suspended in order to let him know that the account has been suspended and the reasons of suspension.
In case a personal account is suspended, the User may no longer upload Works onto Hypeed's Platform. However, the User may access his personal details, his account and the photographs uploaded to his personal account. The Illicit Content will be removed from the Hypeed Website and will no longer be accessible.
Hypeed may at anytime and with no justification change the access to its Service or suspend its Service.
The personal details required on the Hypeed Website (such as name, first name, mail address, country, date of birth) are mandatory to create a personal account. The User may not access Hypeed's Service if he does not give this information. Hypeed collects and uses personal details (in order to (i) provide a service that is in keeping with our expectations, (ii) contact the User in order to answer any questions the User may raise and (iii) retain a trace of the exchanges and transactions carried out between Hypeed and the Users. Hypeed may collect personal details in order to carry out market studies for internal usage. The Hypeed Website is registered with the French Data Protection Committee CNIL (Commission Nationale de l'Informatique et des Libertes) under number 1402014. In accordance with French Data Protection Act no. 78-17 of 6 January 1978 (loi relative a l'informatique, aux fichiers et aux libertes), the User has a right to access, amend, rectify and delete his personal details. In order to do so, the User may send an e-mail to info[at]Hypeed[dot]com while mentioning "Personal details" in object or write to Hypeed, 2 bis rue Tiphaine, 75015 Paris, France.
With the User's consent, Hypeed may provide some of the personal details to third parties for canvassing purposes. Hypeed also has the obligation to retain all information making the identification of the Contributors possible in order to disclose to a judicial authority, as stated in article 6.II of the June 21st 2004 Act.
Therefore, Hypeed is required to retain the information needed to identify the Contributors of illegal content. Hypeed may be compelled to disclose and reveal Contributors' personal details to a judicial authority in order to identify the authors of the illegal content
Hypeed is not responsible of the Works hosted on the Hypeed Platform.
In no event Hypeed may be liable for indirect damages such as revenue loss, date loss, customer loss, financial or commercial damages, commercial troubles, loss of earnings, or immaterial damage of any kind.
IN NO EVENT SHALL HYPEED, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY LOSS OF DATA (WORKS, PERSONAL DEATAILS) WHICH IS UPLOADED ONTO HYPEED'S PLATFORM. The User is responsible for saving a backup copy of all files and data he wishes to retain.
Hypeed shall not be liable for any illicit uses of the Works by the Users, or any third party.
Hypeed shall not be liable for THE CONTENTS AVAILABLE ON OTHER SOURCES, INTERNET SITES OR ACCESSIBLE BY THE INSERES HYPERTEXT LINKS ON THE HYPEED SITE (INCLUDING AS A RESULT OF ADVERTISING, PRODUCTS, SERVICES OR ANY OTHER INFORMATION).
Hypeed shall not be held liable for any problems that arise in connection with the circulation of Works or comments or, more generally, for any problem on the Internet, which affects the use of the service, in particular, the viewing and uploading of photo content. Hypeed makes no warranty regarding the terms and conditions of circulation, the quality of the Works broadcasted and transferred or accessibility thereto. However, we shall use our best efforts to broadcast the Works under the best possible conditions.
No advice or information provided by Hypeed shall constitute a warranty. Hypeed makes no warranty regarding the provision of an uninterrupted service and cannot guarantee that Users will have access to all of the services offered at any place inasmuch as the minimum technical requirements enabling access to our applications are not our responsibility.
The Contributor expressly authorizes Hypeed to sub-contract some or all of its commitments arising hereunder.
The Parties agree that they may exchange the information they require to perform the Agreement by e-mail. Any e-mails exchanged between the Parties shall be deemed to have the same evidentiary value as a written hard copy document.
The provisions of the Terms of Use by no means constitute a partnership agreement, agency agreement, relationship of subordination or joint venture between the Parties.
Hypeed may assign its rights and obligations arising hereunder, in whole or in part, to any legal entity of its choice without the prior consent of the User. However, Hypeed undertakes to notify the Contributor in writing of any such assignment and to inform the latter of the type of legal entity that will be taking over its rights and obligations, the latter's contact details and the nature and scope of the rights assigned thereto.
If any substantive provision of the Terms of Use shall be held to be invalid or non-existent, in whole or in part, by virtue of a statutory or regulatory provision or final court order, the other provisions hereof shall remain in force and shall remain fully binding on the Parties. In such event, the Parties shall endeavor to negotiate in good faith in order to agree on the terms of a new clause that is in keeping with the Parties' original intention in order to replace the clause concerned. In the event either Party fails to rely on a breach by the other Party of any of its obligations hereunder, it shall not be deemed to have waived the obligation at issue.
In the event either Party fails to rely on a breach by the other Party of any of its obligations hereunder, it shall not be deemed to have waived the obligation at issue.
The use of Hypeed's applications, the uploading of Works onto such applications and the acquisition of Works via Hypeed's web site by no means authorizes the User to use or acquire a right of title to Hypeed's intellectual property assets such as works, features, inventions, compilations, slogans, logos, software, drawings and designs, trade marks, domain names. Hypeed shall retain all of its rights to its intellectual property.
The Agreement shall be governed by French law, to the exclusion of international law rules.
In the event a problem arises in connection with the performance of the Agreement, before the Agreement is terminated, cancelled and/or the subject of legal proceedings, the parties agree to attempt to settle the matter out of court. In this respect, the party that wishes to implement the voluntary conciliation procedure shall notify the other party by registered letter with advice of receipt requested of its intention to do so and specify the problems that have arisen. Throughout the duration of the problem, the Parties agree that the continued provision of the services provided for herein shall be the most important consideration. If the parties fail to reach an agreement within fifteen (15) days, the Parties shall recover all of their rights.
IN THE EVENT THE PARTIES FAIL TO AMICABLY SETTLE ANY DISPUTE WHICH ARISES IN CONNECTION WITH THE PREPARATION, INTERPRETATION OR PERFORMANCE OF THE AGREEMENT, THE PARTIES AGREE THAT THE COURTS OF PARIS SHALL HAVE EXCLUSIVE JURISDICTION, NOTWITHSTANDING MULTIPLE DEFENDANTS OR THIRD PARTY PROCEEDINGS, INCLUDING FOR URGENT PROCEEDINGS.
Hypeed has filed a declaration regarding the management of personal information on the Hypeed.com website with the Commission Nationale de l'Informatique et des Libertes (CNIL), registered under the number 1402014.
In accordance with the "Loi Informatique et Liberte" (the French law on data protection and civil liberties) no. 78-17 of January 6 1978, users of this site can obtain access to any personal information concerning them that may be stored by Hypeed, request its correction or deletion, and object to it being communicated to third parties by contacting the webmaster using our contact form or by writing a letter to: Hypeed, 2 bis rue Tiphaine, 75015 Paris.
The information gathered by Hypeed will be used to provide the service as promised by Hypeed, to contact you in order to answer your queries and requests, and to keep a trace of our exchanges and transactions. Hypeed may collect your personal data in order to carry out market research, which will only be used internally by Hypeed. With your consent, Hypeed may also share some of your personal details with selected third parties for marketing purposes.
Like most website t hat offer great customer service, we'd like to store a cookie on your computer.
Cookies are a technology that allows you to have an easier access to your account on Hypeed and that we can use to provide you with tailored information from our site.
If you want to refuse all cookies, you can do so by changing the settings of your Internet browser. Be aware that doing so may limit some of the functionalities of Hypeed.
For more details of how Hypeed safeguards your personal data, consult our Terms and Conditions.