Terms and Conditions of Use

Please read these terms and conditions of use carefully before using Piwigo.com website.

PigoLabs SAS, operator of Piwigo.com, is a french simplified joint stock company. Registered with number RCS Nantes 528 932 114. Registered offices located on 1 mail du Front Populaire BP 10125, 44201 Nantes CEDEX 2, France. Director of Publication is Pierrick LE GALL. PIWIGO is french registered trademark with number 10 3 704 098. Hosted by OVH SAS, 2 rue Kellermann, BP 80157 59100 Roubaix, France.

1. Purpose

The following terms of use describe the rules bounded to Piwigo.com (the "Site") created by PigoLabs (the "Editor") and terms of use for services (the "Services") provided by the Editor on the Site.

2. Acceptance of Terms of Use

Connecting to the Site and using the Services imply fully acceptance of these terms of use. If you don't agree with these terms of use, we invite you to log off and to stop using the Site and Services provided by the Editor. These terms of use only apply to the Site and related Services, and to no third-party website.

The Editor reserves the possibility, within the limits set out by the law, and in particular the terms of article R132-1 of the Consumer Code, to modify the terms of use at any time. Where the general terms of use are modified, the amended terms shall be applicable with effect from the date of their publication on the Site. Each use of the Site shall be subject to the terms of use applicable at that time.

The terms of use shall be interpreted in accordance with French law. Failure to respect any of the terms of the terms of use and, more generally, any difficulty arising from their execution, interpretation or validity, shall be submitted to French jurisdiction.

3. Description of Services

The Editor proposes the following Services: (i) storage, publishing, sharing of digital photographs and videos, (ii) hosting of websites showing content created by its author.

In order to use the Services, the use must have access to the Internet, either directly from its computer, or with other devices such as mobile phone or personal digital assistant. The fees related to the Internet access are borne to the user. The fees related to the acquisition of equipment required to the Internet access are also borne to the user.

The user is responsible to ensure that its hardware and software will not disrupt or interfere with the Services. The user agrees to immediately disconnect any device or software causing interference with the Services.

4. Accessibility of Services

The Site and Services are available twenty-four (24) hours a day and seven (7) days a week for all users. The Editor may not, be held responsible for any interruption in access to the Site and its services, whether voluntary or not.

The Editor reserves the right, without notice or compensation, to close temporarily or permanently the Site or access to one or more Services to perform an update, modifications or changes in operational methods, and servers hours of availability, although this list is not exhaustive.

The Editor reserves the right to make the Site and Services any changes it deems necessary in the operation or development of the Site and Services.

The Editor reserves the right to set limits on the use of the Services if normal usage is established. Here follow uses considered as abnormal, but are not limited to:

  • abusive use of storage space compared to the number of visitors from user account
  • data storage without posting on the user's account
  • data storage misused by an external website (hotlink)
  • viewing in an external web site of some or all content from the Site
  • use frames from an external site to bring up the user's account within a page
  • existence of links from sites containing immoral, violent, pornographic or pedophile, which would impair the dignity of the human person, or intended to exhibit or sell objects, substances and/or illegal or banned books.

The limits that can then be implemented by the Editor include, but are not limited to (i) quota or restrictions on storage, (ii) quota or restriction on number of access to Services over a given period, (iii) suspension and closure of the account.

Although the Editor provides services on a platform with redundant backups on multiple servers, the Editor makes no warranty in case of loss or failure to store any content transmitted through the Services of the Site. Therefore it is desirable that the user keeps a backup copy of the photographs stored on the Site in order to guard against any risk of loss.

The Services may give rise to communications from the Site or the Editor, such as messages on the functioning and evolution of the Services.

5. Subscriptions

Services are reserved for use by individuals, associations with a single employee and legal persons exercising their profession as independent or as a sole proprietorship. Users representing any other form of public or private organization must first contact the Editor using the contact form on the Site.

Assuming the user is a minor, you represent and acknowledge having received authorization from the parents or owner of parental authority to register and use Services. The owner of parental authority has agreed to be guarantor of compliance by the user, all provisions of these Terms of Use.

The registration for the Services implies acceptance on sharing information such as your name and email address. Additional information may be requested throughout the use of the Services. You must agree to provide us with accurate and recent information to all our requests.

By registering on the Site, the user chooses a unique identifier and a personal password. The registered user is only allowed to use his username and password and he agrees to keep them confidential.

User agrees to immediately notify the Editor (i) of any unauthorized use of his account and / or password, (ii) of any breach of security of its account, (iii) or of any abnormal change its contents.

The Editor reminds the user to take necessary measures to prevent identity theft with the Site and Services. As such the user's attention is drawn to the following when using an insecure Internet access such as public wifi (i) to disconnect after each session (ii) to avoid enabling the "auto login" when logging in to the user's account.

To report any abnormality to an account, thank you for using the contact form available on the Site.

6. Pricing and payment terms

Fees are as indicated on the Site at the date of confirmation of the order. No price change will apply to subscriptions and / or orders being processed.

Prices are in euros or dollars if you are based in the United States. The prices listed on the site include VAT. For professionals domiciled outside France, the prices listed on the site are exclusive of taxes.

Payment for services is made online through a secure payment system. The selected providers are PayPal (online payment platform) and BNP Paribas (banking organization providing a platform for online payment). All communications between the site and the payment platform are encrypted and the platform does not in any way send confidential information needed for payment to the Editor. The Editor will be notified of acceptance of payment by return message encrypted by the service provider and based on positive or negative status of payment, the Site will validate your subscription.

The information provided on payment engage the user in case of error in the information provided by the user, the Editor will not be held responsible for any consequences.

According to article L.121-20-2 of the French Consumer Code, the right of withdrawal can not be exercised for the provision of services whose execution has started before the end of the period of seven days.

7. Limitations of Use

The user is responsible for all content:

  • that he makes available to others
  • that he sends by email
  • that he stores on the Site and Services
  • that he publishes and makes available to third parties
  • that he downloads or uploads from the Services
  • that he sends in any other way by the Services

The user is also aware that any publicly available content posted by user of the Services is the responsibility of it, the Editor do not exercise control over such content. The Editor has no obligation to monitor content stored on the Services by users.

The user undertakes to respect the laws and regulations and to use only content it has the rights for which the licensor has given express consent for disclosure or who are free of copyright.

To recap, the Intellectual Property Code prohibits any representation or reproduction in whole or in part, of a work made without consent of the author or his assigns.

The User warrants to Editor that it has the necessary rights to publish the contents published on the Site or through the use of the Services. By rights, includes rights relating to personality rights, copyrights, trademark rights and other distinctive signs.

You may not upload content that is not for all audiences on the Site and the Services, it aims to prevent access to minors to Internet content that they are not intended to them.

Under use of the Services you may not engage in acts of any nature whatsoever (including acts of viewing, downloading, transmission, broadcasting, publishing, transmitting, posting, publishing or otherwise) which would be contrary to French law, would violate French public policy, or the rights of any third party.

As a user, and without this list being limiting:

  • You agree not to disrupt, slow down, stop or alter the normal flow of information exchanged in connection with the Services, the pace of advance of the content of services so that the operation of the Services be amended or altered or otherwise act having a disruptive effect on the equivalent functionality of the Services. Under articles 323-1 and following of the French Penal Code, criminal proceedings may be instituted by the Editor against the user who violates these provisions.
  • You shall not gain unauthorized access, maintain, interfere with or disrupt the information systems and in particular the Services, servers or networks connected to the Services, or disobey any requirements, procedures, general rules or regulations of networks connected to the Services. Under articles 323-1 and following of the French Penal Code, criminal proceedings may be instituted by the Editor against the user who violates these provisions.
  • You may not distribute the photos and other content contrary to public order or morality
  • You agree not to divert the purpose of the Services to make propaganda or proselytizing, prospecting or soliciting,
  • You may not publish commercial information, advertising or propaganda component of tobacco, alcohol or other substance, product or service regulated
  • You may not distribute the photos and other content violating the personal rights of others or of defamatory, libelous, obscene, pornographic, offensive, violent or inciting to discrimination, political violence, racist, xenophobic, sexist or homophobic
  • You may not publish information in violation of the law on protection of personal data to identify individuals without their consent, including their name, mailing address and / or mail, phone, photography, sound recording or audiovisual

8. Fight Against Illegal Activities

As part of the fight against illegal content and in particular child pornography, the Editor may freely access the content found on the Services and the Site. Once the Editor is aware that illegal content is hosted on the Services, the Editor will remove it promptly without notifying the user responsible for publishing this illegal content. If it turns out that the user account has been compromised, the user will be notified of the removal of content, the password of the account will be changed and will be sent once the user has reconnected to his account. If it turns out that the account contains other illegal content than reported, the account will be terminated for breach of these conditions without user notification. In this case, the Editor may in accordance with the seriousness of data to inform or assist in the work of public authorities in respect of fight against illegal activities.

Upon receipt of a report abuse on a content which does not manifestly unlawful, the Editor will invite the complainant to ask the competent authorities and may transmit the complaint to the user with an invitation to verify that the content is valid considering the current terms of use. The Editor may not remove content which is not obviously unlawful unless a decision by a judicial authority says it so.

The law places no general obligation on the Editor to monitor content. Furthermore the Editor has no obligation to delete content that would not seem obviously illegal.

If you notice the presence of illegal content on third party sites to the Editor, the Association of Internet Access Providers and Internet Services (AFA) has made available a contact point for reporting illegal content that you might see on any website at the following address: pointdecontact.net.

9. Limitation of Liability and Disclaimer of Warranties

The user is fully responsible for photographs and other content they publish on the Site and Services.

The provided Services are not related to the publishing activity of the Editor who only make available the Services to users who host their content on the Site. Thus the published content can not be regarded as reflecting the views of the Editor but engage their sole author.

The responsibility of the Editor in respect of the Services is a technical service provider as defined in article 6.I-1 of the French Law on Confidence in the Digital Economy of 21st June 2004.

The Editor can not be held responsible in particular in respect of any indirect, incidental or consequential, foreseeable or unforeseeable, caused to the user. For example, and without this list to be limitating: loss of earnings or profit, loss of data, loss of equipment, repair of such losses, resulting from the use and / or inability to use the Services of the Site.

In any case, the existence of a hyperlink from a third party site to the Site imply any cooperation between the Editor and the third party site. The Editor has no control over third party sites and assumes, therefore, no liability for the content, products, services, information, materials or software of third party websites containing a hyperlink to the Site.

The Editor performs its contractual obligations with the greatest care in use in his profession as part of a general obligation of means. The user is informed that with the current technical architecture on the Internet, the proper functioning of the Services offered by the Editor relies on factors that are not entirely under control.

The Editor makes no warranty express or implied, including (without this list being limited to) warranties as to the quality and consistency of services with hardware and / or fitness for a particular purpose. The Editor does not warrant that (i) the Services will perfectly meet user needs (ii) access to the Site and Services will be uninterrupted or (iii) the results that can be obtained by using the Services will be accurate and reliable.

10. Termination of Services

Any user may terminate his account on the Site at any time. For this, the user should contact support by using the email address with which he signed up and specify which is the gallery if he owns several galleries.

The termination will irreversibly remove all content held by the user and stored on the Site and Services. You must ensure prior to the termination of your account to safeguard all your content on a medium other than the Site and Services.

In the event of a breach of fundamental obligations arising from general conditions of use and in particular to the identification requirements or legal obligations, the Editor shall be entitled, without prior notice and with immediate effect to cancel your account which will result in termination without compensation from the Services free or paid attached to your account.

In case of failure to fulfill any other obligations under the terms of use, the Editor may send you a notification email putting you on notice to remedy the breach. If the notice has remained without effect for a period of 8 calendar days or if the Editor finds a new failure, the Editor will effective immediately disable your account on the site resulting in termination without compensation for Services free or paid attached to your account.

Historique des conditions d'utilisation :

  • 2015-09-22: standard plan opened to associations with a single employee
  • 2015-09-22: headquarters move to Nantes (France)
  • 2010-12-21: initial version

These terms and conditions were translated from the French version.