-- release / January 2016 --
These General Terms & Conditions govern the relationship between the company silkke, a simplified joint stock company, with a capital of 88.734 euros, whose head office is located at 4 rue Voltaire - Nantes (44000) - France, registered with the Nantes Trade and Companies Register, under the number 532 055 258 ("silkke") and the User.
In these General Terms & Conditions, terms beginning with a capital letter, invariably whether they are plural or singular, have the following meaning:
silkke Digital Human: the personalized computer representation of the User in 3D form modeled by silkke from the User's shots taken during the Photographic Session.
3D Photo Booth: the photo booth allowing the capture of images of the User during a Photographic Session with a view to modeling the silkke Digital Human.
Access Code: unique code composed of a password and an identifier, each specific to a User to allow access to his User Account.
GTC: these General Terms & Conditions.
User Account: the User's individual account created on the Site.
Photographic Session: the session allowing the capture of images of the User in the 3D Photo Booth.
Associated Services: all the products and services offered by silkke and intended to use the silkke Digital Human within, for example, virtual universes such as electronic games, mobile applications or for the manufacture of personalized 3D figurines.
Site: the website accessible from the following URL address www.silkke.net, or any other URL, or any other mobile application, published by the company silkke.
User: any natural person, non-commercial, acting in a non-professional capacity who uses the 3D Photo Booth.
These Terms & conditions define the terms and conditions under which silkke offers Users to benefit from a Photographic Session with a view to modeling a silkke Digital Human and the Associated Services.
The applicable Terms & conditions are those accepted by the User when registering on the Site and / or when placing an order on the Site.
The GTC govern the relationship between silkke and the User. silkke can modify the Terms & conditions at any time.
The modified Terms & conditions will come into force within thirty (30) days after informing the User by email or on the Site of the posting of a modified version, so that the User can determine whether he wishes to continue using his User Account.
To carry out a Photographic Session for the modeling of a silkke Digital Human and to benefit from the Associated Services, the User must first register on the Site to create a User Account.
The User must complete the online form provided for this purpose by filling in all the information marked as mandatory, and which is necessary for the validation of the registration.
Otherwise, silkke may refuse to create the User Account and to validate the registration.
In this regard, the User undertakes to provide accurate, complete, and up-to-date information concerning him.
The User undertakes to modify this information whenever necessary.
The User acknowledges that he can only hold one active User Account.
If the User is a minor, he must obtain the consent of his parents to be able to create a User Account.
The creation of a User Account is free.
The User accesses his User Account using his Access Code which is confidential, personal and non-transferable.
He undertakes to take all necessary measures to ensure the confidentiality of his Access Code and to immediately inform silkke in the event of unauthorized use of his Access Code.
The User will make sure to disconnect at the end of each connection to his User Account.
The User Account is strictly personal and cannot therefore be transmitted, by any means whatsoever, to a third party, even free of charge.
The responsibility of silkke cannot be engaged in the event of fraudulent use of the Site or the User Account by a third party.
If the User does not connect to his User Account for a period of six (6) consecutive months, silkke may suspend or delete this User Account to ensure the protection of personal data relating to it.
silkke will notify the User of the possible suspension or deletion of his User Account by email two (2) weeks before the suspension or deletion takes effect, to allow the User to connect again to his User Account. and thus avoid its suspension or deletion.
silkke may also restrict, suspend, or delete the User Account of a User in the event of a violation of these T & Cs or of the laws and regulations in force, without the User being able to claim any compensation in this regard.
If silkke is informed that the security of the Site is endangered or that it is misused, it may, without delay, proceed with the temporary or permanent suspension of the User Account to preserve the integrity of the Site and the data.
The User who wishes to benefit from a Photographic Session with a view to modeling a silkke Digital Human or ordering Associated Services, must follow the following steps:
The validation of the order entails the obligation of payment of the order.
The User will receive an order confirmation email containing all the constituent elements of the contract between the Parties.
If the User is a minor, he must obtain the consent of his parents to benefit from a Photographic Session or place an order for Associated Services.
The price of the services and goods offered by silkke is indicated in euros all taxes included, considering the rate of Value Added Tax (VAT) and any reductions, applicable on the day of the order.
In the event of an order for a material good offered as part of the Associated Services, the price is indicated excluding shipping costs.
When the User places an order on the Site to be delivered outside the European Union, the price will be calculated excluding tax automatically on the invoice.
silkke recommends that the User find out about all the import taxes that may be applicable to him.
Payment can be made online either by credit card, or by means of the Paypal service, or by means of reduction coupons.
At the end of the Photographic Session, the User is invited to verify that the captured image corresponds to his identity. To do this, he clicks on the screen made available to him.
silkke cannot be held responsible for any prejudice that the User would suffer in the event of misappropriation or fraudulent or abusive use of all or part of the silkke Digital Human by a third party. In this case, the User must immediately notify silkke by e-mail to the address: email@example.com. These stipulations are expressly considered to be substantial between the Parties.
The User undertakes during the Photographic Session and when using the silkke Digital Human not to:
In general, any illegal use of the silkke Digital Human will result in the immediate deletion of the User's account, notwithstanding for silkke any possibility of legal action, in particular with a view to obtaining full compensation for his damage.
When the User orders a material good offered as part of the Associated Services, such as a 3D figurine, the delivery costs payable by the User are specified when entering the delivery address on the form. order, before the order is validated.
The material goods ordered are delivered to the delivery address indicated by the User on the order form. The User is required to verify the accuracy of the information communicated in this regard.
A delivery time is indicated on the sheet of the material good and corresponds to the shipping, processing, and routing times practiced by the postal services in mainland France.
silkke cannot be held responsible or considered to have failed in its obligations for any delay or non-performance, when the cause of the delay or non-performance is attributable to the User (eg: error in the delivery address indicated during the order) or a case of force majeure as defined by the case law of the French Courts.
Under the conditions of Article L. 138-2 of the Consumer Code, the User can give silkke formal notice to deliver it within an additional 30 days, by registered mail with acknowledgment of receipt sent to silkke customer service, at the address 4 rue Voltaire in Nantes (44000) - France or by email at firstname.lastname@example.org.
Any risk of loss or damage to the material good is transferred to the User when the latter, or a third party designated by him, takes physical possession of it.
At the time of delivery, the User should indicate to the carrier any reservations about the goods delivered (eg: package already opened; damaged package; item not corresponding to the one ordered; etc.). These reservations must also be notified to silkke customer service:
Material goods, such as 3D figurines, are offered for sale by silkke as part of the Associated Services. The User has on these material goods:
Some of these provisions are reproduced in Appendix 1 of the GTC. It is recalled that under the legal guarantee of conformity, the User:
The User can decide to implement the guarantee against hidden defects of the item sold within the meaning of Article 1641 of the Civil Code. In this case, the User can choose between the resolution of the sale or a reduction of the sale price in accordance with Article 1644 of the Civil Code.
If the User wishes to implement one of these guarantees, he is invited to contact silkke customer service by email at email@example.com or at the telephone number +33 9 72 28 84 20.
In the event of return of the material good by post, this good must be in the state in which the User received it (intact packaging, instructions, possible accessories). The User also undertakes to protect and properly package the said good to guarantee its integrity during its transport. The shipping costs will be reimbursed to the User based on the invoiced price and the return costs will be reimbursed on presentation of supporting documents.
The User expressly acknowledges that entering any Access Code constitutes proof of his identity and manifests his consent to all operations that will be carried out on the Site following his identification. The User must make sure to keep his e-mail address valid during the period of his registration on the Site at the risk of no longer being able to access it, in particular in the event of loss of his Access Code. The User expressly accepts that silkke's automatic registration systems are considered as proof:
In accordance with the provisions of Article L. 121-21-8 paragraph 3°) of the Consumer Code and about the supply of personalized goods, the User does not have a right of withdrawal.
All the elements that make up the Site, including texts, images, illustrations, photographs, databases, software, brands, trade names, logos, articles, architecture (" Site Content ") are protected by law. of intellectual property.
silkke authorizes the User to access and use the Content of the Site exclusively for private, non-commercial use.
Any reproduction, total or partial use, or extraction or reuse of the Site Content without the prior written permission of silkke is prohibited and may engage the responsibility of its author.
The modeling of the silkke Digital Humans by silkke automatically confers on silkke all the intellectual property rights relating to the silkke Digital Humans thus created.
silkke grants the User a non-exclusive, personal and non-transferable right to use the silkke Digital Human concerning him so that the User can use it within the mobile applications and other virtual universes of identified and authorized third parties. by silkke that it will have designated in strict compliance with these GTC.
silkke also grants only third parties designated by the User, among the third parties authorized by silkke, a non-exclusive and non-transferable right of use of the silkke Digital Human relating to the User for the implementation with these third party of the Associated Services.
This concession is granted, free of charge, for the whole world, for the entire maximum period of protection of intellectual property rights relating to silkke Digital Humans and provided for by international laws and conventions.
For the User, the right granted by silkke expressly consists of (i) a right to consult the silkke Digital Human online on his User Account and (ii) a reproduction right consisting of a backup of the silkke Digital Human for a private use.
For the third party designated by the User from among the third parties authorized by silkke, the right granted by silkke consists of a right of reproduction and representation of the silkke Digital Human within the limits of the Associated Services that the User has selected. In this regard, silkke undertakes to these third parties that they refrain from selling, marketing, in whole or in part, in any form whatsoever, whether commercial or not, the Digital Human silkke, unless otherwise authorized by the User.
The User is also prohibited from selling and / or adapting, in whole or in part, in any form whatsoever, for commercial or otherwise, the silkke Digital Human, without the prior written consent of silkke.
The User expressly authorizes silkke to:
The User authorizes silkke and the third parties he has selected to disseminate his image in the form of the silkke Digital Human by all technical processes and media known and unknown to date, on fixed and mobile electronic communication networks (including Internet, intranet, etc.) public or private, within his User Account, mobile applications and other virtual universes of third parties designated by the User, on paper, digital or 3D figurine.
This authorization is granted by the User free of charge for the whole world, for the duration of use of the User Account. If the User is a minor, silkke reminds him that he must give him during the Photographic Session a copy of the prior written authorization completed and signed by his parents to allow the uses of his image as detailed in this article. The model of the prior authorization is available here: Annex 2 - Authorization Right Image Minor 13oct15.
silkke attaches great importance to the protection of personal data and wishes to assure the User that his personal data is protected. The User is informed that his registration as well as the use of the Site and the Associated Services give rise, for silkke, to the collection and automated processing of personal data concerning him, the use of which is subject to the provisions of the Law n ° 78-17 of January 6, 1978 relating to Computing, Files and
Freedoms as amended by law n ° 2004-801 of August 6, 2004 (CNIL 1564332 / MW1553188J / EF715560881).
silkke collects the following data:
The collection and storage of this data is intended for:
The User's personal data may also be:
If the User is a minor, his personal data may only be used for sending information and commercial offers by silkke or its partners with the consent of his parents. The processing of personal data operated by silkke has been declared to the National Commission for Computing and Liberties. The User has a right of access and rectification to data concerning him as well as a right of opposition, for legitimate reasons, to the processing of this data, which he can exercise by contacting, by email to: firstname.lastname@example.org .
silkke implements all the means at its disposal to preserve the security of the data and, in particular, to prevent it from being distorted, damaged, or that unauthorized third parties have access to it.
When viewing the Site, cookies are placed on the User's computer or mobile by silkke for the purposes of browsing the Site as well as the optimization and personalization of the services offered to the User on the Site. The cookies used by silkke and its partners have different purposes. It can be:
The User can deactivate these cookies at any time and configure his browser to control or prevent their deposit. If he wishes to do so, the User is invited to consult the help menu of his browser.
silkke cannot be held responsible for any defect, delay, or non-performance of its obligations under the GTC, when this defect, delay or non-performance is related to a case of force majeure as defined by French case law.
The Site is normally accessible via the Internet network.
During Site maintenance operations, use of the Site may be temporarily degraded or interrupted, in whole or in part and for all or part of the Users. silkke does not make any commitment in this regard about the performance of the Site. silkke cannot be held responsible for the non-functioning, impossibility of access or malfunctions of the Site attributable to unsuitable User's equipment, malfunctions of the services of the User's access provider, to those of the internet network. It will be the same for all other reasons external to silkke.
In addition, the User acknowledges that the characteristics and constraints of the Internet network do not guarantee the total security, availability, and integrity of data transmissions. Consequently, silkke does not guarantee that the Site will operate without interruption or error.
These Terms & conditions are governed by French law.
Subject to the applicable public order provisions, the courts within the jurisdiction of the head office of silkke will have sole jurisdiction to hear any dispute relating to orders or resulting from the execution, interpretation, and termination of the Terms & conditions.