Termes et conditions
Backbone Terms and Conditions
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We may update these Terms and Conditions (and the documents referred to in them) from time to time and will notify you by uploading them to the Site. You should review the Terms and Conditions periodically for changes. By using the Site you agree to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions then please do not use the Site.
1. About us
The Site is owned and operated by Backbone Art SA (company number CHE-303.912.703) whose registered office is at 8 rue Muzy, 1207 Geneva, Switzerland, “Backbone Art”.
2. Description of bkbn.com’s goods and services
Backbone provides an online booking service that connects Photographers and Customers (together the “Parties”) requiring on-demand photography services (the “Service(s)”).
Backbone endeavours to match a Customer with the most suitable Photographer(s) based on information provided by the Customer. A number of Photographers may be presented as options to a Customer as part of the matching process, in which case it is the Customer’s responsibility to make the final choice as to which Photographer provides the Services. Backbone reserves the right to change, which Photographer actually provides the Services for a particular Service, in its sole discretion. Backbone will endeavour to notify the Subject of any such changes in advance.
Within one working day after submitting a Service request on the Site, Backbone will provide the Customer with a quote and the selected Photographer(s) for approval.
Backbone works exclusively with professional Photographers in order to guarantee the high quality of Service for all our Customers. Once the Service is performed, the Customer will receive a link within 2 working days to download his content (“Customer Content”).
You should carefully review the Terms and Conditions, the email confirmation of your order and the applicable details on the Service page in relation to the order.
3. Accessing the site
Access to the Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the services we provide through the Site without notice. The Site is available in English. We will not be liable if for any reason the Site is unavailable at any time or for any period.
You are responsible for maintaining the confidentiality of password and login (hereafter together: Identification) and you are not permitted to share or disclose your Identification to anyone else. You will be solely responsible for the activities of anyone accessing the Site using an Identification assigned to you, even if the user is not, in fact authorized by you. If you have any reason to believe that your Identification has been compromised or used without authorization, you must promptly change it, using the functionality provided on the applicable Site, and notify us at email@example.com.
Backbone may use and promote services provided by outside third parties. However, even if the third party is affiliated with Backbone, we do not control these services and make no representations regarding these persons or entities. We are not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of, any such parties. Outside sites linked on our Site, all of which have separate privacy and data collection practices, are only for your convenience and therefore you access them at your own risk.
4. Intellectual property rights
Backbone is the sole and exclusive owner, and will retain all right, title and interest in and to the Site and the content created or to be created, including but not limited to software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music.
All trademarks, service marks, and trade names that appear on the Site are proprietary to Backbone or third parties.
The professional-client acting in the context of its activity also expressly authorizes backbone to quote and reproduce its trade name and/or brand and/or logo as commercial references, especially during events or events including promotion, in its commercial or advertising documents and on its websites, in any form whatsoever, for a period of five (5) years from the date of an Order.
Subject to this Terms and Conditions, Backbone grants you a non-transferable, non-exclusive right to access and use the Site. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, distribute, perform, display, or in any way exploit, any of the content, software, materials, content or service in whole or in part.
Backbone shall further retain exclusive ownership of the whole content and related intellectual property rights created or to be created by its Service at any time. In this capacity, Backbone may use the whole content at his own discretion, including but not limited to for marketing, research and analysis purposes.
Backbone grants the Customer, for the full term of intellectual property rights protection, an exclusive, sublicensable, assignable, free of charge and with no limit in time, worldwide license to use and modify its Customer Content only.
If you breach these Terms and Conditions, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the content you have made.
Should you breach third-party intellectual property rights and Backbone be held responsible, you shall fully indemnify Backbone.
We respect the intellectual property rights of others and we ask our Photographers to do the same. If you are aware that any of your intellectual property rights have been infringed on the Site, please email firstname.lastname@example.org to report the concern.
5. License restrictions
Except as expressly permitted under these Terms and Conditions, and unless prohibited by applicable law, you agree:
(a) not to copy, reproduce, republish, reuse, upload, post, transmit or distribute any content presented in or provided by the Site, including without limitation for public or commercial purposes, including any text, images, audio and video, except as permitted by the Site’s sharing function;
(b) not to rent, lease, sub-license, loan, distribute, time-share, or translate the Site in any way;
(c) not to make alterations to, or modifications of, the whole or any part of the Site, or permit the Site or any part of it to be combined with, or become incorporated in, any other programs;
(d) not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Site;
(e) not to sell, resell, or exploit the Site in whole or in part (including object and source code), in any form to any person without prior written consent from us;
(f) not to remove any copyright, trademark or other proprietary rights notices from the Site.
6. Additional restrictions
You further agree:
(a) not to use the Site in any unlawful manner, for any unlawful or criminal purpose, or in any manner inconsistent with these Terms and Conditions, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Site;
(b) not to use the Site to record, post or transmit any information that is defamatory, threatening, abusive, offensive, obscene, indecent, discriminatory or is otherwise objectionable or infringes on third party rights;
(c) not to use the Site in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users, or restrict or inhibit any other users from using the Site (including by hacking or defacing the Site); and
(d) not to collect or harvest any information or data from the Site or our systems or attempt to decipher any transmissions to or from the servers running the Site, including, without limitation, by using any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way gather the Site content or reproduce or circumvent the navigational structure or presentation of the Site without our prior written consent.
7. Obligation of the Parties
The Parties shall, under its own responsibility, obtain from third parties the necessary authorization and/or approval to create the Customer Content.
In particular, the Customer shall, if legally required,
(a) obtain approval from individuals who are personally recognisable in the Customer Content;
(b) obtain approval from individuals in whose home/office the Customer Content was recorded;
(c) obtain official authorisation;
(d) obtain approval from individuals whose intellectual property rights are affected by the recording of the Customer Content.
(e) obtain approval from individuals insofar as this is required for the processing of their personal data.
You shall respect the legal regulations that apply to obtaining approval and authorizations agreed in accordance with this Section.
8. Promotion and offers
We reserve the right to provide, modify, cancel and limit any promotion or offer. We reserve the right to refuse to provide offers and/or promotions to particular individuals or organisations at our sole discretion.
Each transaction is an electronic contract between you and Backbone. By placing an order with us, you agree to these Terms and Conditions. Backbone will charge your payment method (such as your credit card, PayPal or Stripe account or any other methods available) for any paid transactions, including any applicable taxes according to the tax jurisdiction in which the transaction is taken place. By accepting the instant quote online or received by email and by providing your banking details, you authorize Backbone and Stripe, its payment service provider, to charge your payment method. In the event that the payment information provided is incorrect, penalties may apply and you will be solely responsible for any losses you or a third-party may incur. All prices shall be shown and payable in EUR/GBP/CHF. Backbone sends you a confirmation of your order by email.
10. Refusal of transaction
We may refuse to process a transaction for any reason or refuse Service to anyone at any time at our sole discretion. We will not be liable to you or any third-party by reason of so refusing or by reason of unwinding or suspending any transaction after processing has begun.
11. VAT, Import regulations and duty
Unless otherwise specified, VAT and other sales taxes on the supply of services are not included in the prices.
12. Cancellation, postponement and refund policy
Unless differently mentioned and agreed at the time the quote for the Service is provided, Customers have the right to cancellation and postponement until 24 hours prior to the day of the shooting. After that, a cancellation fee will be charged to you as a penalty.
No cancellation or postponement policies are applicable to the Photographs.
The Parties agree that their access and use of the Services shall be at their sole risk and liability. Unless expressly agreed in writing, the Services are provided “as is” and “as available”, and that to the fullest extent permitted by applicable law, Backbone disclaims all warranties, express or implied, in connection with the Service, including Customer Content, their access and use thereof.
In no event, subject to mandatory applicable law, Backbone, its directors, officers, employees and auxiliary persons shall be liable, including in the case of negligence, for any damages, losses or liabilities including without limitation, direct or indirect, special, incidental, consequential damages, losses or liabilities, in connection with the use of the Site, account hacking, Parties identity spoofing or the Parties’ reliance on or use or inability to use the information and services on the Site, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if the Parties advise Backbone of the possibility of such damages, losses or expenses. Furthermore, Backbone disclaims all liability for any tampering with the Parties’ computer system by unauthorized individuals.
Backbone expressly disclaims any warranty, express or implied, regarding the Service, including but not limited to any implied warranty of merchantability, fitness for a particular purpose, non-infringement or as to the availability or speed of delivery of any Customer Content placed on or made through Backbone.
In particular, we do not accept any liability regarding the accuracy, current validity and completeness of the information provided in these Terms and Conditions of either its content or its presentation. Any liability for loss of data or loss of material of any kind (for example: gear, keys, documents) is also excluded.
For the avoidance of doubt, Backbone will not have liability to you or any other person in respect of Customer Content. We will not be liable for any failure to perform our obligations under these Terms and Conditions caused by matters beyond our reasonable control. Backbone will not have liability for a Customer’s failure to obtain and permit or license or otherwise comply with any applicable laws and regulations needed to provide the Services.
To the extent permitted by applicable law, Backbone waives all liability for any direct, indirect, consequential, loss of profit or earnings, unrealized savings, additional expense and damages of any kind whatsoever, arising from, or in connection with, the access and use of the Service or its providers.
Finally, Backbone shall not accept any liability for the behaviour of Photographs, third-parties, agents, auxiliaries, Customers or providers acting for it or on its behalf.
You are liable to Backbone for any misuse of the Service or any use of the Service in a way that is unlawful or contrary to these Terms and Conditions.
You agree to release, indemnify and hold Backbone and its affiliates and their officers, employees, directors and agents (collectively, “Indemnitees”) harmless from any and all demands, losses, liabilities, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or in connection with: (i) your use of the Service; (ii) your breach or violation of any of these Terms and Conditions; (iii) or your violation of the rights of any third party, including Third Party Providers and (iv) and your connection to the Service.
15. Account closing
The Parties may close their accounts at any time. Account closing means that the further use of the Site with the use of current password and login shall no longer be possible.
The Parties are responsible for closing the account.
The Parties understand that they will not have access to any Media Ordered in case of the closing of their account and that no copy will be provided by Backbone.
Backbone reserves the right to close any account due to gross infringement of the provisions of these Terms and Conditions or in the event of illegal use of the Site.
Backbone shall not be liable for any damages suffered by the Customer due to the suspension or closing of the account by the Parties or for other reasons arising from the Parties’ fault.
You may link to pages on the Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. Backbone expressly reserves the right to revoke the right granted in this clause for breach of these Terms and Conditions and to take any action it deems appropriate.
Our Site must not be framed on any other website, nor may you create a link to any part of our Site other than the home page. We reserve the right to withdraw linking permission at any time.
The Site may provide links to other websites for your information. If you use these links, you leave the Site. We have not reviewed these third-party websites and we have no control over such sites or resources. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Site, you do so entirely at your own risk. We accept no responsibility for third-party websites or for any loss or damage that may arise from your use of them including the group gifting application which is provided by a third party.
17. Viruses, hacking and other offences
You must not misuse our Site by introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored, or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of-service attack.
We will report any such breaching of this provision to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.
We will not be liable to you for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any material posted on it, or on any website linked to it.
The Parties undertakes not to, directly or indirectly, contact each other or related companies in relation to the Service for a period of one year after having access to the Service. In case of violation of this non-solicitation clause, the Parties shall be liable to pay damages to Backbone.
If we fail at any time to insist upon strict performance of any of your obligations under these Terms and Conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under them, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these Terms and Conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
If any of these Terms and Conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
21. Entire agreement
These Terms and Conditions and any documents expressly referred to in them constitute the entire agreement between us and supersedes and extinguishes all previous drafts, agreements, arrangements and understandings between us, whether written or oral, relating to its subject matter. Each of us agrees that neither we nor you shall have any remedies in respect of any representation or warranty (whether made innocently or negligently) that is not set out in these Terms and Conditions or any documents expressly referred to in them. Neither of us shall have any claim for innocent or negligent misrepresentation based upon any statement in these Terms and Conditions and any documents expressly referred to in them.
22. Force majeure
Where we are prevented from or delayed in carrying out obligations under these Terms and Conditions due to circumstances beyond our reasonable control including, without limitation, acts of God, governmental actions, war or national emergency, riot, civil commotion, fire, explosion, flood, inclement weather, epidemic, lock-outs, strikes or other labour disputes, or restraints or delays affecting carriers or an inability or delay in obtaining supplies of adequate or suitable materials then our performance of its obligations shall be postponed for the period of time that the circumstances continue.
23. Additional provisions
If one or more provisions of these Terms and Conditions prove to be void or invalid, this will not affect the remaining provisions hereof. These provisions will remain identical and remain valid. The void provision(s) must be replaced by lawful provisions that are as equivalent as possible to the void provision(s).
24. Law and jurisdiction
The Terms and Conditions and any disputes arising from or in connection with the contractual relationship between Backbone and the Customer are exclusively subject to Swiss tax law, excluding its conflict-of-law provisions of the UN Convention on Contracts for the International Sale of Goods (CISG).
The courts of ordinary jurisdiction of Backbone's principal place of business shall have exclusive jurisdiction. Alternatively, Backbone Photo has the right to take legal action against the Customer at his domicile.
General comments about the Site are welcome by email email@example.com. Complaints about a specific good or service must be first be notified to Backbone Art at the email firstname.lastname@example.org.
For more information:
Backbone Art SA
Rue Muzy 8