General Terms of Use – WOW (Women Of the World) website

WOW is a responsive website which makes it possible to participate in a digital work of art and a global exhibition gathering portraits of women worldwide, created by Pierre Maraval (hereafter referred to as the “WOW website” or the “Website”).

1.    Identity of the publisher

These General Terms of Use (hereafter referred to as the “GTU”) shall apply to the relationship between any user of the “WOW website” (the “Users”) and Pierre Maraval Productions, a simplified joint-stock company registered with the Trade & Company Register of Evreux (France) under the number 828 597 088 and having its registered office at 19 avenue d’Italie, 75013 Paris (France). They are exclusively subject to French law (with the exception of any applicable conflict of law rules).

2.    Acceptance of the GTU and formation of the contract

The use of the “WOW website” implies unreserved acceptance of all clauses and provisions of the GTU.

The User declares that he/she possesses the legal capacity to conclude this contract, and in the case of minors over 15 years of age, that they have the express authorisation of the holder of parental authority. The following are excluded:

·      persons under the age of 15;

·      persons under guardianship who do not have express authorisation from their guardian.

3.    Using the Website and use of the photograph

How does the Website work?

Users may create an account by providing:

·      Their first name or pseudonym (on condition that the pseudonym complies with the law, is not offensive and does not constitute identity theft),

·      Their last name if they so wish,

·      A valid email address.

After creating an account, the Users can send a photograph of themselves (the “Photograph”), stating their first name and if they so wish their last name, in addition to their country of residence or country of nationality.

The Photograph will be analysed by an artificial intelligence solution to avoid any fraud and/or duplicates and to ensure compliance with the acceptance conditions listed below.

What are the acceptance conditions for the Photograph?

The Photograph must:

·      Be a portrait of the User submitting it;

·      Meet the following artistic criteria:

o   Not be a photograph of several subjects,

o   Not contain nudity,

o   Not involve the person pulling faces or making hand signs,

·      Meet the following content-related criteria:

o   Close-up shot, centred,

o   No mask,

o   No written message,

·      Must be associated with a valid email address.

Women Equality reserves the right to refuse any Photograph at its discretion.

How are the Photographs used?

The Photograph will be used in the digital work of art and the exhibition created by Pierre Maraval. This will be published on the Website wow.earth (hereafter referred to as the “Website”) on an ongoing basis.

A number will be automatically assigned to each Photograph and will feature on it alongside the first name or pseudonym (and the last name where applicable) in addition to the User’s country.

The Photograph may also be displayed on screens in museums, cultural institutions and public and private places on a worldwide basis.

4.    Authorisation to use the photographs

The User declares and guarantees:

·      That he/she is the author of the Photograph or has obtained an authorisation from the Photograph’s author to feature it on the “WOW website”.

·      That Photograph is neither inspired by nor copied from a work by a third party.

·      That he/she has full enjoyment of all rights of any form (including among others the intellectual property rights and image rights) pertaining to the Photograph.

·      That the Photograph does not infringe or violate the rights of any third party (including in particular intellectual property rights and personality rights).

·      That the the “WOW website” may associate the first name, country and, where applicable, the last name of the User to his/her Photograph without restriction.

By publishing the Photograph via the Application, the User expressly transfers the following rights to the “WOW website”:

·      The right to reproduce, display or circulate the said Photograph using any appropriate method currently known or unknown, without limits concerning the quantity or the number of broadcasts or videocasts, including on the Website and in any public or private place as part of an exhibition, and via publishing, posters, the press, catalogues and goodies,

·      The right to adapt the Photograph and/or the various elements comprising it, the right to carry out any adaptation, addition, removal or changes to any component of the Photograph for reproduction and representation purposes, in whole or in part, and more generally the right to perform any modification and the right to reproduce or represent these adaptations on condition that this does not detract from the Photograph and that it respects the moral rights of the author of the Photograph and the philosophy of the “WOW” (Women of the World) project.

This authorisation is granted on a worldwide basis, free of charge, for the legal protection period of the authors’ rights, copyright and any extensions. 

The User authorises the “WOW website” to associate and/or combine any/all illustrations, signatures, teasers, slogans, captions, brands, trademarks, distinctive markings and legal information with the Photograph (copyright, identification of WOW or one of its partners), pictures, and more generally any element of any nature at the discretion of the “WOW website” intended among other things to illustrate the communication aids in which they are incorporated, on condition that this does not detract from the Photograph and that it respects the moral rights of the author of the Photograph.

5.    Intellectual property

The “WOW website”, the exhibition and more generally the presentation and content (articles, drawings and illustrations, designs, photographs, images, text, animated sequences with or without audio, and other documentation) are all considered as works protected by the applicable French intellectual property laws.

Any representation, reproduction or partial or total exploitation of the elements comprising the “WOW website” by any process or means, without the prior written consent of the “WOW website” is strictly prohibited and may constitute an act of infringement under the terms of article L. 335-2 and following of the French intellectual property code. The offending party will be liable for the civil and criminal penalties provided for, including those mentioned in article L. 335-2 of the French intellectual property code.

6.    Personal data

Which personal data is collected and processed?

The Photograph

The User’s first name and if they so wish their last name

The User’s country of residence or country of nationality 

The User’s email address

For which end purposes is the personal data collected and processed?

The hosting of the exhibition on the “Website“, in addition to screens in museums, cultural institutions and public and private places worldwide.

Any communication with a view to highlighting the exhibition and the project.

What are the legal bases for the collection and processing of the data? 

The User’s consent and the “WOW website” legitimate interests.

Who are the recipients of the personal data collected? 

The “WOW website” and its IT partners. 

How long is the personal data retention period?

For the duration of the exhibition, regardless of the medium involved (digital or physical). 

What are the User’s rights concerning their personal data?

Each User has a right to access, modify, limit, rectify or delete the personal data concerning them.

Each User also has the possibility to oppose the processing of their personal data by the “WOW website”, providing legitimate grounds for this opposition, and, where applicable, may withdraw their consent for the processing of the data.

Please consult the www.cnil.fr website for further information concerning your rights.

To exercise these rights and for any request for withdrawal or for any questions concerning the processing of his/her data, the User may email the following address: info@wow.earth

If he/she considers that after this initial contact his/her rights under the “Informatique et Libertés” law (the French data protection act) are not being respected, the User may submit a complaint to the French data protection authority (the CNIL): https://www.cnil.fr/fr/plaintes.

7.     Reporting a problem – Requesting the withdrawal of a Photograph

Each User has the possibility to report any content which is clearly illegal or which infringes his/her rights, or to request a withdrawal by emailing: info@wow.earth

The “WOW website” will examine all reports and, if necessary, will contact the User having submitted the disputed Photograph before deciding whether to withdraw it.

Each User also has the possibility to request the withdrawal of the Photograph which he/she has submitted with a view to ceasing its dissemination.

8.    Liability

The “WOW website” may not be considered liable for the non-circulation or non-publication of the Photograph, or for any technical problem related to the sending or dissemination of the Photograph.

9.    Jurisdiction clause

The parties will seek to settle any dispute of any form amicably. In the event of litigation, only the French courts will be considered as having jurisdiction for the matter.