Imagify.io (hereinafter the “Website”) is a specialized catalog-based e-commerce website.

The website is published and operated by WP MEDIA, a French simplified stock corporation (SAS) registered in the Lyon Trade and Companies Register of Lyon under the number 800 260 648, whose head office is located at 4 rue de la République – 69001 LYON – France.

1. Definitions

Agreement: the online order confirmed by the Customer, setting out the items ordered, features, prices, bank or SEPA payment details where applicable and these General Terms and Conditions of Sale.
Applicable Regulations: refers to the provisions relating to the protection of personal data constituted by Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (hereinafter referred to as “GDPR”) and by Law no. 78-17 of 6 January 1978 relating to information technology, files and freedoms, known as the French Data Protection Act.
Application Programming Interface or API: the programming interface directly accessible on imagify.io.
Compression: the operation consisting in converting bit sequence A into a shorter bit sequence B and enabling identical or similar information to be restored using a decompression algorithm.
Compression Ratio: the various degrees of compression of data uploaded on the Website or on IMAGIFY as defined in clause 7 hereof.
Consumer: means any individual who acts for a purpose which does not fall within the scope of his/her commercial, industrial, craft, liberal or agricultural activity within the meaning of the introductory Article of the French Consumer Code.
Managing System or CMS: a personal semantic publishing platform.
Cookie: a small data file sent to the browser of the Customer by a web server and stored on the hard disk of his/her computer. They will not damage his/her computer.
Customer(s): any individual or legal entity wishing to benefit from the right to use IMAGIFY, a plugin created by WP MEDIA.
Customer Account: the personal account created online by the Customer in order to access IMAGIFY.
General Terms and Conditions of Sale or GTC: the present general terms and conditions of sale stating the terms and conditions under which WP MEDIA provides the Services to the Customer.
IMAGIFY: the plugin created by WP MEDIA for which a right of use may be granted via the WordPress Content Managing System WordPress or online on imagify.io.
Parties: WP MEDIA and the Customer.
Personal Data: any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
Plan: one of the paid subscriptions as set out in clause 5.2.2 hereof.
Product(s) and Service(s): the Product(s) and Service(s) as presented in the clause entitled “Products and Services” and following clauses hereof.
Support: the support, assistance and/or maintenance services provided by WP MEDIA, including support, maintenance and upgrading services under the License, on the condition that such modifications or upgrades would not require rewriting of a substantial part of the existing Plugin.
Technical Requirements: the latest version of the list of hardware and system specifications recommended by WP MEDIA and appropriate for the use of IMAGIFY, which the Customer must implement and maintain in compliance. The Customer shall be responsible for upgrading their hardware and systems in accordance with changes made to the Technical Requirements.
User: refers to any individual using the Plugin, over eighteen (18), whether or not they have a Customer Account, and have legal capacity.
Website: imagify.io

2. Scope of the General Terms and Conditions of Sale

These General Terms and Conditions of Sale set out the technical, legal and financial terms and conditions subject to which WP MEDIA SAS provides its Customers with a plugin to the WordPress Content Management System via its website at imagify.io.

3. Acceptance and enforceability of the General Terms and Conditions

The Customer declares to have read, understood and accepted these GTC. The Customer declares to have the capacity to contract and to hold the necessary authorization and delegations to do so.
The Customer is regularly reminded of the application of the present GTC at the bottom of each page of each order form. These GTC are enforceable towards every Customer.
Accordingly, any order placed via imagify.io implies the Customer’s unconditional acceptance of the GTC.
WP MEDIA recommends that the Customer saves a copy of and/or prints out these GTC. WP MEDIA may also send a copy of these GTC to any person who requests them.
WP MEDIA reserves the right to modify these GTC at any time.
If possible, WP MEDIA shall notify any changes via an announcement on imagify.io. However, it is recommended for the Customer to consult from time to time the GTC and at least before placing any new order.
Users may download or consult the revised GTC at: https://imagify.io/terms/.
Acceptance of these modified GTC is completed for each update and each new order according to the present article.
The use of the Application after the effective date of publication of such modified GTC shall imply their acceptance.
The updated GTC shall come into force as soon as they are published, unless it is specified that their effectiveness is delayed until a later date, in which case the GTC will apply starting on the mentioned date.
The applicable version to a given order shall be the version applicable on the date on which payment is confirmed.
Unless stated otherwise, the updated GTC shall cancel and supersede all interactions that occurred between the Parties prior to the order.
Any derogation to these GTC shall only be enforceable against WP MEDIA if they have been duly accepted and formalized in a written document signed by WP MEDIA.

4. Order

4.1. Creating a Customer Account requiring login and password

Access to IMAGIFY is conditional on the creation of a Customer Account.
A Customer Account may be created at any time. The User must register and enter a valid email address and password.
After becoming a Customer, the User will receive an email confirming the creation of the Customer Account on the email address provided.
Customers may log in to their Customer Account securely at any time by entering the correct email address and password.
Customer Accounts and the corresponding login details are strictly personal and confidential.
If a Customer loses or forgets their password, the Customer may recover it by entering the account email address in the text box reserved for that purpose in the Application.
In the event of suspected or identified fraudulent use of their password, the Customer may disconnect its Customer Account and create a new one using a new password.
The Customer acknowledges that any login or data transfer carried out using the login details of its Member Account shall be deemed to have been carried out by the Customer.
Members may create user sub-accounts in order to allocate specific portions of the total quota assigned under the Customer’s Monthly Plan to different websites.

4.2. Placing an order

To place an order, the Customer must follow the steps described below:

Go to the Website;
Follow the instructions on the Website and connect with a login and password if already registered;
Select the required Product;
Check the order summary and correct any errors;
Enter the promotional code, if any;
Select the required payment method;
Accept these GTC;
Confirm the order and the total price excluding VAT;
Complete the payment procedure.

Or the following steps:

Log onto the WORDPRESS CMS;
Find the IMAGIFY plugin in the WORDPRESS scroll-down menu;
Download IMAGIFY onto your device using the SAAS (software as a service) option;
Create a Customer Account or log on via an existing Customer Account;
Select the required Product;
Check the order summary and correct any errors;
Enter the promotional code, if any;
Select the required means of payment;
Accept these GTC;
Confirm the order and the total price excluding VAT;
Complete the payment procedure.

WP MEDIA reserves the right to cancel the order in the event of error or omission in entering the required fields.

4.3. Placing an order

The Customer receives an order confirmation by email including a summary of the order. The order is not firm and final until WP MEDIA sends this email confirmation. WP MEDIA recommends to the Customer to save a copy of, or print out the email confirmation of the order.

The order is archived on WP MEDIA’s servers and can be sent to the Customer on request at [email protected].

5. Products and Services

The Product offered by WP MEDIA consists of granting the Customer a license to use the IMAGIFY solution for the chosen subscription period.

5.1. Product and Service Factsheets

The basic features of each Product offered via the Website are set out in a corresponding factsheet, which may be viewed on said Website, in accordance with Article L111-1 of the French Consumer Code.

5.2. Specific features of the Products and Services

5.2.1. Free use subject to conditions

Use of IMAGIFY is free up to 20MB of compression per month.

This use remains conditional on the creation of a Customer Account by the User. WP MEDIA collects the data that the Client provides when registering and may use them later for commercial purposes.

In this context, WP MEDIA complies with the Applicable Regulations, as detailed in article 22 of these GTC.

5.2.2. Paid plans

WP MEDIA offers a range of “Monthly” Plans. These Plans depend on the compression quota granted against monthly payment (either for a period of one month or for a period of twelve months) as described on the Site imagify.io.

The Infinite plan offers unlimited use of IMAGIFY. WP MEDIA specifies that the unlimited use granted in this context remains subject to reasonable and normal conditions of use. WP MEDIA may contact the Client in order to jointly discuss a solution more suited to its needs, if an excessive use is detected.

Under the terms of the Infinite Plan, the creation of sub-accounts is permitted, subject to the condition that such usage remains within the bounds of Fair Use. Accounts that exceed the creation of 50 sub-accounts will be deemed to exceed reasonable use and are, therefore, subject to review. In the event that an account surpasses this threshold, WP Media will contact the account holder for further discussion regarding their usage and propose a customized plan offer.

In any event, WP MEDIA reserves the right, in case of excessive or abusive use, to charge additional fees and/or to limit or suspend the use of the Product and Service.

The pricing and payment conditions are specified in article “12. Price and payment” of these GTC.

5.2.3 Support and update service

Purchase of the IMAGIFY Licence comes with a one-year support and update service effective from the order date.
The IT Support Service applies only to the use of the License it is granted with.

Updates are installed on WP MEDIA’s recommendation. WP MEDIA is not responsible for the actual installation of updates on the Customer’s hardware or for any technical consequences arising from installation that is due to compatibility or any reason outside of WP MEDIA’s control.

6. Exceeding the assigned quota granted

6.1. Free offer

When using IMAGIFY with a free account, when the Customer reaches the monthly 20MB data quota, new images cannot be optimized until said quota is renewed or additional compression credit is purchased.

6.2. Paid plans

When using IMAGIFY with a paid Plan, consumption beyond the granted quota remains possible and will result in additional billing under the conditions provided for in article «12. Price and payment” of these GTC. Under a monthly or yearly pay plan, the Customer will be charged for excess data compression over and above their quota according to the pricing of their Subscription.

7. Compression Ratio

Prior to data compression, the Customer may select the required Compression Ratio.

“Lossless” Compression Ratio means that there is no definitive degradation of the technical properties and characteristics of the data transmitted. Decompression allows the original data to be perfectly reconstructed.

The “Smart Compression” Ratio entails definitive degradation of the technical properties and characteristics of the data transmitted. This Compression Ratio permanently eliminates certain technical characteristics.

The Customer acknowledges having been informed of these terms and waives any claim to WP MEDIA for the alteration of data sent in the context of the use of IMAGIFY on the «Smart Compression» level.

8. Changing Plan

The Customer may change Plan at any time by connecting to its Customer Account. The Compression quota as well as the associated price of the chosen Plan are applicable immediately.

The Customer may terminate a Monthly Plan at any time as detailed in the articles “14. Termination” and “15. Refund “of these GTC.

If a Customer switches from a paid plan to a free account, Customer Account data stored on the WP MEDIA server will be deleted.

9. Receipt of Products – Non-receipt – Complaints

9.1. Receipt of Products

Receipt of the Products is complete once the API activation key has been uploaded onto the Website by WP MEDIA.

Delivery of the license is complete once WP MEDIA has transferred the API activation key to the Customer. This API key is found on the “API” page of the Website and may appear once the Customer has logged on.

9.2. Non-receipt

If the Customer fails to receive the API key, WP MEDIA must be informed immediately.

WP MEDIA will cancel the code that has been transferred. A new API key will be generated and displayed via the Website API page. The code will only be shown when the Customer is logged in.

9.3. Complaints/Claim

If the API key fails to appear on the Website after the required checks have been performed, the Customer is invited to contact WP MEDIA at the following address: [email protected].

10. Customer’s cooperation and obligations

The Customer shall ensure that his/her IT hardware and equipment have the necessary technical requirements to use the Product. The Customer shall install the updates recommended by WP MEDIA for the use of IMAGIFY.

The Customer agrees to cooperate with WP MEDIA for the provision of the Support Services.

In this respect, the Customer undertakes either to communicate to WP MEDIA its credentials to the Content Management System WordPress or to follow the procedures recommended by WP MEDIA in order to remedy the malfunctions identified by the Customer.

The Customer shall provide all items and information necessary or useful for the purpose of making improvements to IMAGIFY, in particular by submitting a support ticket whenever a malfunction is identified on IMAGIFY.

11. WP MEDIA’s obligations

WP MEDIA provides its Services on a best-efforts obligation.

WP MEDIA agrees to use its best efforts to ensure the proper functioning of IMAGIFY.

WP MEDIA agrees to exercise all due care and diligence necessary in order to provide a quality computer data compression service in accordance with industry practice and the current state of science and technology.

WP MEDIA agrees to employ all means to ensure the ongoing availability, continuity and quality of the data compression services provided for by the Agreement.

The Customer hereby acknowledges that fluctuations in bandwidth and contingencies related to Internet service providers and domain name registrars may interrupt access to the compression service offered by IMAGIFY, beyond WP MEDIA’s control.

12. Price and payment

12.1. Price

12.1.1. Pricing

The prices and technical specifications of the Products offered by WP MEDIA may be viewed at www.imagify.io.

The prices are indicated in US Dollars (USD) excluding taxes. The amount of taxes (VAT) is indicated when the Customer proceeds to payment.

The prices communicated to the Customer are those applicable at the date of payment of a Product or Service.

WP MEDIA shall have the right to review its prices at any time, without these changes having any impact on the ongoing Agreement.

12.1.2. Promotional code

The Customer may use a promotional code prior to payment, when the order is placed.

NB: only one promotional code is allowed per order.

12.2. Payment

12.2.1. Payment of a Paid Plan

By placing an order, a Customer that has subscribed to a Monthly Plan payable in 12 installments agrees to authorize WP MEDIA to debit the price monthly from the Customer’s account using the bank details provided.

When the Customer has subscribed to a Package for one month, full payment of the price is due on the date of the order. Customers may pay by PayPal, a payment system that uses the Secure Socket Layer protocol, or by credit/debit card. The payment is generated by STRIPE.

Pursuant to Article L132-2 of the French Monetary and Financial Code, a payment undertaking given by means of a payment card is irrevocable. By providing information on its credit/debit card, the Customer authorizes WP MEDIA to debit its card for the amount corresponding to the Price.

For this purpose, the Customer confirms that it is the holder of the credit/debit card to be debited and that the name shown on the card is the Customer’s own name. The Customer shall provide the card number, expiry date and, if required, the card security code (CSC).

The amount invoiced will only be debited or remitted for collection at the time of delivery of the Product activation key by WP MEDIA.

The Customer agrees to receive only digital invoices.

12.2.2. Paying for data compression in excess of Plan quota

A Monthly Plan Customer who exceeds the data compression quota chosen at time of order will be billed for each additional GB transmitted for compression via their Customer Account.

13. Cancellation

Customers that have stated their intention of downloading the Product before expiry of the 14-day cooling-off period and that have expressly waived the right to cancel their order shall not be entitled to cancel.

In this case, the following message appears before the Customer starts downloading:

“By downloading, I wish to have immediate access to the downloaded content and, accordingly, I waive my right to cancel my order.”

14. Termination

If either of the Parties breaches any of its contractual obligations, the other Party may automatically terminate the Agreement, without incurring any liability as a result, fifteen (15) business days after serving formal notice by registered mail with return receipt requested, to which no response has been provided although the breach could have been rectified.

Customers who have subscribed to a Monthly Plan may terminate their subscription at any time by sending an email to [email protected].

15. Refund

If a Customer terminates a Monthly Plan payable in 12 monthly installments, their standing order will be canceled.

If a Customer terminates a Monthly Plan payable in a single installment for a 12-month subscription, the Customer shall not be entitled to a refund of the amount already debited.

16. Warranty – Warranty disclaimer

Where the Customer is a consumer, he or she shall benefit from the statutory warranty regarding latent defects provided for by Articles 1641 et seq. of the French Civil Code,accessible at the following link: https://www.legifrance.gouv.fr/codes/article_lc/LEGIARTI000044142575/2021-11-24.

Pursuant to Article L217-5 of the French Consumer Code, the provisions of Articles 1641 and 1648 of the French Civil Code are set out below:

Article L217-4
The seller shall deliver a product that conforms to the agreement and shall be liable for non-conformities existing upon delivery.
The seller shall also be liable for non-conformities resulting from packaging, assembly instructions or installation, where the agreement provides that the seller is responsible for installation or where installation has been carried out under the seller’s responsibility.

Article L217-5

The product conforms to the agreement:

If it is suited to the use normally expected of a similar product and, where applicable:
- if it corresponds to the description provided by the seller and has the properties presented by the seller to the buyer in the form of a sample or model;
- if it has the properties that a buyer can reasonably expect in light of public statements made by the seller, producer or its representative, including within the framework of advertising or labeling;
Or if it conforms to specifications defined by agreement between the parties or is suited to any specific use required by the buyer, notified to the seller and accepted by the seller.

Article L217-12

Legal action arising from non-conformities is time-barred two years following delivery of the product.

Article 1641

The seller is liable under the warranty for latent defects in the item sold that render it unsuited to its intended use, or that hinder such use to such an extent that the buyer would not have purchased the item or would have paid a lower price if the buyer had been aware of such defects.

Article 1648

Legal action arising from latent defects must be initiated by the buyer within two years following identification of the defect.

16.1. Claims under the warranty

The warranty provided by WP MEDIA is limited to refunding non-conforming Products or Products containing a latent defect.

In order to file a claim, the Customer must report the existence of a defect or non-conformity within fourteen days of making the purchase.

16.2. Warranty disclaimer

The Customer is solely liable for the choice, storage and use of the Products.

No claim may be made under the warranty in the event of misuse.

17. Liability

WP MEDIA warrants an overall best-efforts obligation vis-à-vis the Customer, whereby it agrees to use its best efforts in performing the Service provided for herein.

WP MEDIA shall not be held liable for repairing any damage arising from the use of the Internet such as data loss, intrusion, virus, service breakdown and any other incidents unrelated to the subject matter of the Service.

WP MEDIA shall not be held liable for any incidental damage, including financial loss, in particular loss of profits, unless such damage results from negligence or willful misconduct.

WP MEDIA shall not be held liable for malfunctions identified by the Customer during the use of the Plugin license, if the Customer has not properly carried out the updates and/or performed the operations recommended by WP MEDIA following the identification of a malfunction by the Customer during the performance of the contract.

WP MEDIA shall not be held liable for business interruption caused by the performance of its Support and update Service, unless such damage results from negligence or willful misconduct on the part of WP MEDIA.

18. Reversibility and storage of images by WP MEDIA

In the event of a malfunction in the compression of an image, the Customer has a reversibility right allowing him or her to recover the original image if he is using the WordPress plugin and has enabled the Backup option.

18.1. Image compression under the free offer

Images uploaded and compressed on the API or IMAGIFY will be stored for twenty-four (24) hours on WP MEDIA servers.

Images uploaded and compressed directly online will be stored for twenty-four (24) hours on WP MEDIA servers.

18.2. Image compression under a paid plan

Images uploaded and compressed on the API will be stored for twenty-four (24) hours on WP MEDIA servers.

Images uploaded and compressed directly online will be stored on WP MEDIA servers throughout the duration of the paid plan subscription.

19. Force majeure

Events of force majeure, as defined in Article 1218 of the Civil Code and interpreted by the French courts, suspend the contractual obligations of the Parties. Neither of the Parties shall be held liable for delay, non-performance or any other breach of its obligations relating to the Order and/or the warranty where such occurrence is due to force majeure or unforeseeable circumstances.

It is expressly agreed between the Parties that the following are also considered as force majeure events and unforeseen circumstances, making it impossible for the Parties to execute the contract: total or partial strikes, whether internal or external to the company, lock-outs, bad weather conditions, interruption of transport facilities or supply chain for any reason whatsoever, earthquakes and seismic waves, fire, storms, floods, water damages, statutory legal or governmental restrictions, statutory legal or regulatory changes in forms of marketing, computer breakdowns, interruption of telecommunications services including cable or mobile (GSM, GPRS, 3G, 4G, etc.) telephone networks or any other event outside the express will of the Parties preventing the performance of the present contract under normal and/or reasonable conditions.

However, in order to be able to invoke this provision, the Party who is prevented from executing its obligations must inform the other Party as soon as possible, specifying the circumstances and the foreseeable duration of the event, and keep it regularly informed of the progress of the situation.

If the force majeure event or unforeseeable circumstance lasts for more than three (3) months and unless the Parties agree otherwise, these General Terms and Conditions of Sale shall be terminated automatically, without the need to seek a court ruling, serve formal notice or provide prior notice.

In such event, the Parties shall not be held liable for the total or partial non-performance of their obligations hereunder.

20. Severability

Any provision of this GTC prohibited by, or unlawful or unenforceable under any applicable law, enforced by any court of competent jurisdiction shall, to the extent required by such law, be severed from the GTC and rendered ineffective in so far as is possible without modifying the remaining provisions. The invalidity in whole or in part of any provisions of the GTC shall not void or affect the validity of any other provision herein.

In such an event, the Parties may agree to replace or amend the invalid provision(s).

21. Probative documents

The online entering of a credit/debit card number and confirmation of the order by the Customer shall constitute proof of the order and shall render the corresponding payment due and payable.

The following may also constitute legal proof of communications: the order, the Customer’s payment and all documents generated from records of purchase orders and invoices in WP MEDIA’s computer systems.

22. Personal Data

WP MEDIA undertakes to protect the Customer’s Personal Data in accordance with the Applicable Regulation

When collecting the Customer’s Personal Data, WP MEDIA implements processing operations for which the company is qualified as “controller”, within the meaning of the Applicable Regulations.

Personal Data collected via the Website is hosted by one.com, Kalvebod Brygge 24, DK-1560 Copenhagen, Denmark.

22.1. Purpose of processing

The Personal Data provided when a Customer logs in or purchases a Product is processed for the following purposes:

accessing to Products and Services ;
preparing the invoices ;
sending newsletters (if applicable) ;
monitoring and analyzing Website traffic and for statistical purposes ;
improving marketing and promotion initiatives, as well as Website content and offers ;
receiving customized offers.

The legal basis for such processing is the performance of the Contract between the Parties and, for the related marketing and sales prospecting activities, the legitimate interests of WP MEDIA to develop its commercial activities.

22.2 Technical and organizational measures

WP MEDIA shall take all useful precautions and implement all appropriate organizational and technical measures to maintain the security, integrity and confidentiality of Personal Data and, in particular, to prevent such data from being altered, damaged or accessed by unauthorized third parties.

22.3 Data transfer

WP MEDIA transfers Personal Data to technical service providers for purposes of online payment, for contract and client management, and for its marketing and prospecting sales activities. These service providers act exclusively as Processors within the meaning of the Applicable Regulations.

In accordance with the provisions of article 28 of the GDPR, WP MEDIA guarantees to the Customer that it only uses Processors offering sufficient guarantees in terms of compliance with the GDPR.

In particular, WP MEDIA’s Processors will only process Personal Data on the basis of documented instructions from WP MEDIA, including with regard to transfers of Personal Data to a third country or to an international organization.

Pursuant to applicable regulations, Personal Data may also be provided to the relevant authorities on request, including government bodies, solely in order to comply with legal obligations, court officers, ministerial officials and debt collection agencies.

22.4. Personal Data transferred to third parties

WP MEDIA undertakes not to transfer to third parties any Personal Data that may have been collected, outside the scope of article 17.3 hereof.

WP MEDIA undertakes to use personal data only for the purposes of commercial development of its own offers.

22.5 Duration of Data retention

Users’ Personal Data is stored as long as the User has a Customer Account to use Imagify, and for three (3) years following the end of the relationship.

However, Personal Data may be archived beyond the periods stipulated for the purposes of researching, establishing and prosecuting criminal offenses, with the sole aim of making this Personal Data available to the judicial authorities, where necessary. Archiving implies that this Personal Data will be pseudonymised and will no longer be available for consultation online but will be extracted and stored on an autonomous and secure medium.

22.6 Rights of the data subject

The data subject also has the right to lodge a complaint directly before the competent supervisory authority (the CNIL in France).

In accordance with the Applicable Regulations, the Customer has the right to access, rectify, limit, delete and to the portability of his or her Personal Data.

Customers also have the right to object to the processing of their Personal Data for legitimate reasons, as well as the right to object to this data being used for commercial prospecting purposes.

This guarantee does not apply to processing for statistical purposes, where the data is only processed anonymously and in aggregate form.

The data subject may exercise his/her rights by sending an email via the “Contact” page of the Website, or by writing to the following address:

SAS WP MEDIA
4 rue de la République
69001 LYON
FRANCE

The data subject also has the right to lodge a complaint directly before the competent supervisory authority (the CNIL in France).

23. Content uploaded by the Customer

The Customer or User is solely liable for the images uploaded on IMAGIFY.

The uploading of images and documents on IMAGIFY by the Customer does not entail transfer of the intellectual property rights of the uploaded documents.

WP MEDIA shall on no account be held liable for any images uploaded by the User or Customer.

In this respect, the Customer specifically agrees not to upload content:

that is contrary to public order and morality;
that is defamatory, insulting, racist, xenophobic, revisionist or harmful to another person’s dignity or reputation;
that constitutes an incitement to hatred or violence against a person or group of persons due to their origin or membership or non-membership of a given ethnic group, nation, race or religion;
of a pedophilic nature;
that constitutes an incitement to commit a crime, offense or terrorist act or that attempts to justify war crimes or crimes against humanity;
that constitutes an incitement to suicide.

Likewise, the User agrees to respect the rights of others, including:

personality rights (in particular image and privacy rights);
intellectual property rights;
personal and property rights.

The Customer also agrees only to enter lawful information and content in their User Account.

Furthermore, the Customer is not entitled to modify IMAGIFY or to modify another website in order to create a false impression that it is associated with IMAGIFY. Users shall also refrain from altering the functioning of IMAGIFY, including by transmitting worms, viruses, spyware, malware or any other code that is disruptive or destructive for IMAGIFY.

The right of use granted by WP MEDIA does not entitle the User to sell, transfer, license or assign the User’s Account, files, User name or the rights associated with this User Account to any person whatsoever.

WP MEDIA reserves the right to delete any content that violates the foregoing stipulations as soon as it becomes aware of such content.

Any breach of these GTC may, at WP MEDIA’s sole discretion, result in closure of the User Account responsible for said breach.

24. Hosting capacity

WP MEDIA only verifies content once the Customer has uploaded it on their User Account.

This verification may lead to modification or deletion of an offending publication, possibly combined with the closure of the User Account with which it is associated.

WP MEDIA does not verify content uploaded by Customers on their User Account.

WP MEDIA’s role is a technical role entailing the provision of a data compression service.

Accordingly, WP MEDIA shall not be held liable for content uploaded on the Customer’s User Account insofar as no prior or subsequent verification via content filtering is carried out prior to uploading and storage on the User Account.

In this respect, WP MEDIA should be regarded as a hosting company.

25. Cookies

WP MEDIA uses technical and functional cookies to collect information, report Site usage statistics and also to ensure the Site’s full operation. These cookies do not store any information allowing to identify the Customer personally.

Pursuant to the applicable regulations on the protection of Personal Data, the information may be stored for a period of up to thirteen (13) months.

The Customer may, at any time, oppose the registration of cookies and disable them in his/her web browser settings (except for the cookies required for the website’s operation).

The Customer may exercise this right by contacting WP MEDIA at the following address [email protected].

26. Intellectual property

All intellectual property rights, including copyright, relating to the overall structure of IMAGIFY or the Website, as well as to text, illustrations, photos, animation, sounds, software, interfaces, computer programs and any other features comprising the plugin and the Website, are held exclusively by WP MEDIA, pursuant to the provisions of the French Intellectual Property Code, and may not be exercised without WP MEDIA’s prior written authorization.

These GTC do not grant the User any property rights in IMAGIFY or any of its components.

The User agrees to refrain from all action or conduct liable to directly or indirectly infringe WP MEDIA’s intellectual property rights.

Any exploitation, whether or not for commercial purposes, including uploading or downloading, copying, reproduction, distribution, transmission, dissemination, adaptation, translation or representation, in whole or in part, of IMAGIFY or any of its component features, by any existing or future means or process, on any existing or future medium, without WP MEDIA’s prior written authorization, is prohibited and could lead to prosecution, including without limitation in relation to infringement, unfair competition and/or free riding that is punishable under applicable regulations.

Any use of the features comprising or contained in IMAGIFY that is authorized by WP MEDIA shall be made without howsoever distorting, modifying or degrading such features.

“WP MEDIA” and “IMAGIFY” are trademarks protected in France and abroad.

Any use of a sign identical or similar to these trademarks and all other trademarks featured in the Application and belonging to WP MEDIA or a third party, without WP MEDIA’s express prior authorization, could render the User liable for prosecution.

27. Mediation

In accordance with article L. 612-1 of the Consumer Code, the consumer, subject to article L.612.2 of the Consumer Code, has the option of submitting a request for amicable resolution through mediation, within a period of less than one year from the written complaint to the professional.

This establishment has designated, by membership registered under number S 12557, SAS Médiation Solution as the consumer mediation entity.

To contact the mediator, the consumer must make their request:

Either by post mail :

Sas Médiation Solution
222 chemin de la bergerie
01800 Saint Jean de Niost
Tel. 04 82 53 93 06

Either by email : [email protected]
Either by completing the online form entitled « Saisir le médiateur » on the following website https://www.sasmediationsolution-conso.fr

Whatever contact mean used, the request must contain:

The Consumer’s postal address, phone number and electronic contact details,
The name, address and registration number of the Company,
A brief statement of the facts. (The Consumer will specify to the mediator what is expected from this mediation and why,)
Copy of any prior related complaint,
All documents allowing the processing of the request (purchase order, invoice, proof of payment, etc.)

Pursuant to Article L616-2 of the French Consumer Code, WP MEDIA hereby notifies the Customer of the existence of the online platform set up by the European Commission for the purposes of registering complaints arising from online purchases made by European consumers and forwarding these complaints to the relevant national dispute resolution bodies. The platform may be accessed via: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN

28. Governing law and jurisdiction

All disagreements and disputes regarding the validity, interpretation, performance, consequences and implications of these General Terms and Conditions of Sale shall be governed by French law.

All disputes relating to the formation, interpretation, validity, performance or termination of the contractual relations established between a trader Customer and WP MEDIA, as well as all disputes regarding either Party’s liability in tort, shall be referred to the courts of Lyon.

All disputes relating to the formation, interpretation, validity, performance or termination of the contractual relations established between a non-trader Customer and WP MEDIA, as well as all disputes regarding either Party’s liability in tort, shall be referred in accordance with the provisions of ordinary law regarding the assignment of jurisdiction.