The features of the Service are described below :

Devotis carries out three main types of activity that go together to comprise the Service :

1. the scanning of audiovisual and photographic content.
2. the personalised creation of DVDs from customers’ audiovisual and photographic content
3. the hosting, display and online sharing of customers’ scanned audiovisual and photographic content via his/her account. Devotis makes the Service available to its customers via three channels
:

its internet site at the following addres : www.photoforever..com (the "Site") ;
via specially dedicated Devotis centres (the “Devotis Centres”), a list of which appears on the Site;
via partner companies, a list of which appears on the Site.

These General Conditions of Service (the “GCS”) have the purpose of defining the contractual procedures for the supply of the Service by Devotis and its use by the Customer.

The GCS override any general conditions that a Customer might seek to impose.

The Customers declares that he is familiar with the features of the Service, acknowledges the GCS in their entirety and accepts the terms contained therein without any reservation
.

Definitions

The term “Customer” means any physical or moral person who has made a Contract with Devotis, it being stated that the term “Customer” also includes any users of the Service, authorised or mandated by the Customer.

The term “Parties” means the Customer and Devotis collectively.

The term “Contract” means the conditions and procedures for the Service offered by Devotis and requested by the Customer, concerning a particular order under the terms of these general conditions and any particular conditions that may be mutually agreed between Devotis and the Customer.

The term “Media” means tapes, cassettes, slides, photographs or any other vehicle supplied by customers for processing by Devotis via the Service.

The term “Order” means the request made by the Customer for Devotis to perform the Service.

The terms “Content” means the image/sound/text/programme information stored on the Media.

The term “Finished Products” means the result of the Service applied to a particular order (including, where necessary, new media supplied by Devotis following the processing of the order).

The term “Account” means the space reserved for the Customer on the Devotis internet site in view of his use of the site, as well as the viewing of orders in progress and the Customer’s personal details.

Conditions of use of the Service

An Order for the Service by a Customer is deemed accepted by Devotis from the moment when the latter sends a notification to this effect to the Customer by email or any other durable media as defined by law, on condition of payment of the price for the Service by the Customer. The notification of acceptance summarises all the details of the Order and the Customer will have a period of 48 hours in which to make any rectification.

The attention of the Customer is drawn to the fact that the supply, availability and/or continuity of the Service may be disturbed because of technical problems which may affect the materials and software used, the telephone or internet networks, or because of maintenance of the equipment which provides the Service
.

The Customer:

is responsible for entering precisely, completely, clearly and exactly any information useful in the processing of the Order, using any written or online form provided for this purpose by Devotis (format, running time, number of cassettes, spools or slides, number of minutes to digitise, titling, chaptering, etc.) as well as any information necessary for the physical delivery of the Finished Products to the Customer. In case of complaint, Devotis may not be held responsible for the conformity of the Finished Products to the Customer’s expectations or their delivery to the right address. Moreover, the Customer undertakes to provide the said information and in particular title and chapter information for finished DVD products within a maximum delay of 30 days from the date when the last media on the order was digitised. Failing this, the Customer accepts that Devotis will return the Finished Product without title or chapter information. The Customer will not be able to refuse acceptance of the Order of the grounds of absence of titles or chapters.

guarantees that the Media is fit for processing by Devotis. He also undertakes to position the Media at the beginning of the sequence containing the Content to be processed. If the Media proves to be defective or in bad condition, Devotis reserves the right not to process the Order.

declares expressly to Devotis that his/her Orders are not placed with Devotis with a view to the commercial or for-reward use of the Finished Products.

The digital media on which the Customer’s Content is reproduced are “all rights surrendered” by Devotis.

declares him/herself to be the legal owner or holder of sufficient intellectual property rights for all the Content supplied to Devotis for processing.

is forbidden to ask Devotis to carry out the Service on any Content which infringes contractually or legally protected third-party intellectual property rights, or which is protected by a confidentiality agreement and/or to put Devotis in the position of violating a law, contract or confidentiality agreement or to put Devotis in a situation of responsibility towards a third party by performing the Service and supplying the Finished Products.

undertakes not to expose Devotis to an application of the provisions of the laws of 29 July 1881 or 30 September 1986, articles L 227-23 and subsequent of the Penal Code or articles 544 and 1382 and subsequent of the Civil Code. Devotis reserves the right to ask the Customer for proof in support of the guarantees given above and/or to refuse to perform the Service without having to provide the Customer with reasons for its decision.

undertakes to indemnify Devotis against any claim, recourse, sanction or action by third parties in respect of rights to privacy or any other right (or related rights) regarding the Content or by competent authorities and more generally concerning Finished Products.

will assume sole responsibility for the protection, safeguarding and use of confidential codes that may be advised by Devotis to the Customer with no possible recourse against Devotis.

guarantees that the content does not violate any regulations with regard to business, the protection of minors, respect for others and human rights, intellectual property and/or image rights.

acknowledges that he/she has been informed that, notwithstanding the initial acceptance of the Order by Devotis and payment for the Service by the Customer, Devotis reserves the right to refuse to perform the Service and deliver the finished products for reasons of Content which, during the processing of the Order, Devotis might judge to be illicit or contrary to the Contract; in such cases Devotis will be within its rights to retain the price paid for the Order by way of a penalty charge.

acknowledges that, within the context of its hosting of Content and online viewing Service, Devotis may impose limits on the use of the Service and especially, but not limited to, the allocation of limited memory space on its servers and limits as to the frequency and duration of viewing of the processed Content. The Customer also acknowledges that Devotis is free to delete any Account that remains unused for a period of three months from the date of the last visit to the said Account, following a 15 day notice period.

assumes all risks for sending the Media to Devotis. By way of information, La Poste offers services specifically designed for sending such Media (insurance, tracking, etc.).

is informed that Devotis will keep a copy of the Finished Product for one month from the date the Product is delivered, exclusively for reasons of quality control.

Devotis reserves the right, at any moment and without prior warning, to suspend or temporarily interrupt the Service or processing of an Order, in order to avoid and safeguard Devotis against any illicit Content or malicious use or in the case of a non-observance or serious breach of these GCS.

Devotis reserves the right to sub-contract the execution of the Order, it being understood that Devotis will be exclusively responsible to the Customer for the correct performance of the Service.

Pricing, invoicing and delivery of the Services

Pricing

In the absence of any special agreement between the Customer and Devotis, the price of the Service is that in force on the day the order is placed, as indicated on the Order form or on the web Site, in euros and including all applicable taxes.

The price does not include shipping costs which are invoiced separately. Shipping costs are advised to the Customer before the order is confirmed.

The VAT included in the price is French VAT, its rate being that applicable by law to goods and services sold. Any change in the applicable rate will automatically be passed on in the price of the Service.

Invoicing

The price for the Service is payable in euros when the Order is placed by the Customer.

The Customer may pay the Order price:

either by bank card: the cards accepted are French national bank cards, international EuroCard/MasterCard and international Visa cards; in this case the price is deemed paid when the bank payment centre concerned sanctions the payment;

or by cheque: cheques must be made out to the order of Devotis and, depending on the case, handed over to one of our partner companies or sent to Devotis- Video Forever 69 boulevard Sebastopol 75002 Paris (France).

Devotis reserves the right to repudiate the Contract in the event of the non-payment of any sum which would be due from the Customer, or to suspend the execution of an order in the case of a problem with payment. In all cases a penalty equal to 25% of the Order price will be payable by the Customer to Devotis as of right without prejudice to any damages or action which Devotis might take in pursuit of its rights. In particular, in the case of an Order which has been partially executed but not actually paid for, Devotis may exercise a right of retention over the Media and Finished products.

The execution of any subsequent Order will be suspended in the case of late payment for a previous Order.

Delivery times, delivery and receipt of Finished Products

The Customer is required to enclose with the Media the duly completed order form and the payment (where payment is made by cheque). Failure to observe this condition will mean that Devotis is not obliged to perform the Service.

The Finished Products will be delivered to the address shown on the Order form by one of Devotis’ preferred transport companies, a recognised parcel delivery service. The delivery time is that shown in the order acknowledgement but it is stated that it is given only as an indication and is not binding on Devotis.

The non-return or deterioration of work within a period of two months from the date of complaint about an order, and other than any possible delay by the customer in communicating any specific order requirements, will give rise to the payment of damages in equivalent products or by an allowance (credit note or cash). This will only apply if the complaint is received within a period of three months from the initial handing over.

If the media handed over are considered as having special personal value, they must be declared as such when presenting this order form and must be insured.

Should the Customer be absent at the time of delivery and if the parcel containing the Finished Products is not able to pass through the letter box, the transport company will leave a form inviting the recipient to collect the Finished Products at the address indicated on the form. Under no circumstances will Devotis be responsible for any deterioration in the Media, the Content and/or the finished products while they are awaiting collection.

Any dispute between the Customer and the transport company will not involve Devotis, which declines any responsibility in this respect.
Alternatively, the Customer may hand in the Order form, Media and cheque payment (where applicable) and collect the Finished Products from a Devotis Centre.

Cancellation clause

In conformity with article L 121-20-2 3° of the French Consumer Code and taking into account the completely personalised nature of the Service provided by Devotis according to Customer specifications, the order may not be cancelled.

Return of non-conforming products

Devotis will indemnify the Customer in the two following cases:

If the Finished Products do not correspond to the Order details. The Order acknowledgement will be the definitive document used by the two parties in deciding any difference between the details on the order and the Finished Products;

If the Finished Products exhibit any defect linked to the product itself or an incident occurring during the processing of the Order, with the exception of any incident occurring during the transport of the Finished products to the Customer.

In these two cases claims must be advised to Devotis by email and the Finished Products returned within seven days of their receipt and must include:

The Customer’s details;
The Order reference;
The reason(s) for the complaint.

Failure to respect this procedure and the time period given above will negate the Customer’s right of claim.

In particular, the following will not be considered as a lack of conformity:
 :

reservations of a subjective nature expressed by the Customer;
errors made by the Customer when placing his Order, entering specifications, or in the choice of media;
defects inherent in the Content (technical quality, adjustment, etc.).

If Devotis agrees that there is a non-conformity, it will send the Customer a new set of Finished Products. Otherwise, the original Finished Products will be returned to the Customer.

Archiving and professional confidentiality

With regard to the retention of Customer Content on Devotis’ servers, staff employed by Devotis are obliged to preserve confidentiality within the conditions defined by article L 211-3 of the Property Code.

The managing director of Devotis, or his representative, has a permanent right of access to private archives entrusted by the Customer

Information technology and rights of access

In accordance with the provisions of French decree no. 78-17 of 6 January 1978 relating to IT, files and rights of access, the Customer is hereby informed that he/she may at any moment access personal information relating to him/her held by Devotis and ask that it be rectified, completed, clarified, updated or deleted in the event that it is incorrect, incomplete, unclear or out of date, or the collection, use, communication or preservation of which is not permitted.

Force majeure

If, for reasons of force majeure or a chance event, Devotis finds itself unable to temporarily ensure the total or partial operation of the Service, Devotis’ obligations will be suspended for the duration of the force majeure or chance event.

If the force majeure or chance event last for more than a month, each of the parties will have the right to repudiate the Contract without incurring any responsibility in this connection and without compensation.

By convention, the following are considered as constituting a case of force majeure in addition to those customarily stated in legal and judicial provisions:- blockaded telecommunications, a blockade of the internet, a breakdown in Devotis’ equipment and/or software used in the production of the Service and normally maintained, water damage, a blockade of transport or supply services.

Miscellaneous

Unless otherwise stated, the fact that Devotis agrees not to assert its rights in the case of a breach of any of the conditions contained in these GCS, does not prevent the later application of that clause and may not be interpreted as an agreement not to assert its rights in respect of any other breach. Similarly, latitude in respect of the application of the clauses in these GCS can never, whatever their duration or frequency, be considered as a modification or suppression of these clauses.

Any nullification which might affect any one of these provisions, in whole or in part, does not affect the remaining GCS which remain in force and unchanged.

Devotis undertakes not to divulge to unauthorised third parties information of any type belonging to the Customer and will do everything possible to ensure its confidentiality. Devotis is however expressly authorised to communicate to its sub-contractors, documents sent to it by the Customer and necessary for the execution of the Service, it being hereby stated that sub-contractors are bound by a confidentiality agreement identical to the one binding Devotis in respect of the Customer.

Notwithstanding the above, Devotis is authorised by the Customer to his name in commercial references, unless expressly forbidden to do so by the Customer at the time of placing the Order.

With regard to validity, interpretation and execution, the Contract between Devotis and the Customer is governed by the laws of France. Any litigation or dispute arising between Devotis and the Customer relating to validity, interpretation and/or execution of the Contract will be submitted to the Paris Commercial Court alone, if the Customer is a registered business. In other cases of litigation, the French courts will be the sole competent authority.

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