Disneyland® Paris Disney
PhotoPass™ Website Photo Retention Policy
Photos are maintained by the
Disneyland® Paris Disney PhotoPass™ website according to their status:
Disney PhotoPass™+ Photos
(pre-paid) from Disneyland® Paris :
·
Photos are available for
claiming up to 365 days after date the photos were captured
·
Claimed photos are available
for download up to 365 days after claim date
Other Disney PhotoPass™ Photos
(photos not associated to a pre-paid PhotoPass™+ product) from Disneyland®
Paris:
·
Photos are available for
claiming up to 90 days after date of capture
·
Claimed photos are available
for purchase up to 30 days after claim date
·
Purchased photos are available
for download up to 365 days after purchase date
General
Terms of Online Sales
NOTICE:
PLEASE READ THE
FOLLOWING TERMS AND CONDITIONS OF SALE CAREFULLY BEFORE PLACING AN ORDER ON
THIS WEBSITE.
These general
conditions of sale (the “Conditions”) apply to any purchase, made by a
non-professional natural person (the “Customer”) of digital image files for
download (the “Image Files”) from our partner Kodak Alaris France SAS (“Kodak
Alaris”), acting on behalf of Euro Disney Associés SAS (“Euro Disney”), on this
site www.disneyphotopass.eu (the “Site”). These Conditions do not apply to any
prior purchase of printed images or of a Disney PhotoPass product on the
Disneylandparis.com website or in the Disneyland Paris stores, which are
governed by the Disneyland Paris general conditions of sale.
Any reference to
the Customer or to "you" or "your" concerns you as a user
of the website. Any reference to "Euro Disney", "we" or
"us" means Euro Disney Associés SAS, any reference to Kodak Alaris,
means our partner Kodak Alaris. These Conditions will act as a contract between
you and Euro Disney with regards to your order.
If, when you
order Image Files on this Site, you are able to fully accept these Conditions
without reservation, we kindly ask you to tick the box confirming your
acceptance of these Conditions. If you are unable to accept these Terms, you
should not order services on the Site and we ask that you do not check the box
confirming your acceptance. If this box is not checked, your order will be
interrupted, and you will then be redirected to the home page.
You must be at
least 18 years of age to register or purchase Image Files on this site.
GENERAL
INFORMATION:
The sales on this
Site are made by Kodak Alaris France SAS, a company with capital of 592,660.00 € and registered in the Paris
Trade and Companies Register under number 794 137 638 whose registered office
is located at 37-39 avenue Ledru-Rollin, CS 11237, 75570 Paris Cedex 12 - Tel:
+33 (0) 1 76 46 00 02 on behalf of Euro Disney Associés SAS, a company with
capital of 2,735,978,999.26 € registered
in the Trade and Companies Register in Meaux under the number 397 471 822
(SIREN), whose head office is located at 1, rue de la Galmy - 77700 Chessy,
France, Intra-Community VAT number: FR 07 397 471 822 Telephone: +33.
1.64.74.40.00
SUBJECT:
The Customer
acknowledges having read, in a legible and understandable manner, these
Conditions as well as all the information necessary for the execution of these,
in accordance with articles L.111-1 to L.111-8 of the Consumer Code, before
placing an order and before concluding a contract with Euro Disney. Upon
confirmation of the order, a contract is created between the Customer and Euro
Disney, through Kodak Alaris acting as Merchant of Record, for the purchase of
one or more Image Files, as follows:
• The Customer
places an order for the purchase of one or more Image Files on the Site by
selecting the purchase confirmation option at the end of the payment process.
• By confirming
the order, the Customer agrees to pay for the selected service.
• Kodak Alaris,
as merchant of record, receives payment for the order on behalf of Euro Disney.
• Kodak Alaris,
on behalf of Euro Disney, sends a “Confirmation of your Order” e-mail to the
Customer detailing the service ordered, and other information.
Confirming an
order for a purchase of Image Files implies unreserved acceptance by the
Customer of these Conditions.
These Conditions
will prevail over any other general or specific conditions.
PRICES:
The prices of the
services appearing on the Site are stated inclusive of tax in Euros, taking
into account the VAT applicable on the day of the order. Any change in the rate
of VAT may be reflected without notice on the price of the services.
We reserve the
right to change prices at any time, it being understood that the price
appearing on the Site on the day of the order will be the only one applicable
to the Customer.
ORDERS:
The Customer who
wishes to place an order must have full legal capacity to do so. He undertakes
to provide accurate, complete and up-to-date information.
Placing an order
requires that the Customer creates a username and password and that he has an
electronic mailbox for sending and receiving in good working order.
In accordance
with the provisions of the Civil Code on the conclusion of online contracts,
the contract will be concluded when you click on the button allowing you to
confirm your order after having viewed the details thereof and in particular
its total price and having had the opportunity to correct any errors.
All the information
provided, and the confirmation recorded will constitute proof of the
transaction. The confirmation of the order and the payment will be worth
acceptance of the order made. Kodak Alaris will communicate to the Customer by
email the confirmation of the recorded order.
We reserve the
right to refuse any order in the event of a dispute with the Customer, in
particular in the event of non-compliance by the Customer with the obligations
subscribed to under these Conditions (and in particular in the event of a
payment incident), without prejudice to any damages we may seek.
WITHDRAWAL:
In accordance
with the provisions of article L221-28 of the Consumer Code, the services sold
on the Site consisting of the “supply of digital content not supplied on a
material medium, the execution of which has started after the explicit prior
agreement by the consumer and expressly renouncing his right of withdrawal” you
expressly renounce your right of withdrawal by placing an order on the Site.
When the Customer clicks on the "PLACE ORDER" button at the end of
the order process, he fully acknowledges that he irrevocably accepts the
conditions of the order and acknowledges that it is not possible to cancel it,
modify its content or obtain reimbursement.
PAYMENT TERMS:
Payment for the
order is made online and must be concomitant with it, according to the instructions
given to this effect during the order validation process. Payment will be made
in euros exclusively by bank card (CB, VISA, MASTERCARD, DISCOVER) or PayPal,
to the exclusion of any other method of payment.
KODAK ALARIS, as
merchant of record, uses a secure payment tool provided by Braintree, as set
out below.
In order to
proceed with the payment due, the Customer will be invited to provide the bank
card number and the expiry date thereof, accompanied, if applicable, by the
visual cryptogram. The data is processed under the conditions provided for in
the Privacy Policy accessible on this page: Privacy Policy
The Customer
guarantees that he has the necessary authorizations to use the payment method
chosen when confirming the order. In case of bank refusal, the order will be
automatically canceled, and the Customer notified.
Once the payment
of an order has been made, a printable and recordable summary of the Customer's
order will be displayed and will mention in particular the order references.
DELIVERY:
The services for
providing Image Files for download offered for sale on the website are
materialized by sending a download link, after receipt of payment, to the email
address indicated by the Customer during the order process.
In case of error
by the Customer in the wording of his contact details, in particular his email
address, resulting in the loss of the order, the Customer remains responsible
for the payment of the lost order.
Any complaint
concerning an order must be made via the Contact form within 5 working days from the order, specifying
the order number and the reason for the complaint.
INTELLECTUAL
PROPERTY:
The brands, logos
and designs appearing on this site, with the exception of the Kodak Moments
brand, are the property of Disney Enterprises, Inc. Their disclosure cannot in
any way be interpreted as granting you any license or right to use said
trademarks and distinctive elements protected by copyright. They cannot
therefore be used under penalty of counterfeiting.
When purchasing a
service providing digital images for download, the Customer acquires a limited
license to use the images specifying the conditions and rights of use available
to the Customer in return for the price paid.
Limited Use License
LIABILITY OF
KODAK ALARIS & EURO
DISNEY ASSOCIÉS S.A.S.
In the online
sales process, neither Kodak Alaris, nor Euro Disney can be held responsible
for damage resulting from the use of the Internet, such as loss of data,
intrusion, virus, interruption of service, or other problems.
Kodak Alaris and
Euro Disney cannot also be held liable for damages resulting from improper use
of the Customer's username and password or the ordering procedure. The Customer
is responsible for his username and password and bears the consequences that
could result from any use by a third party who is aware of them.
In addition,
Kodak Alaris and Euro Disney cannot be held responsible for any non-performance
of the contract in the event of force majeure, fortuitous event, disruption or
total or partial strike of telecommunications means or bank payment services.
Hypertext links
on the Site may refer to other websites. Euro Disney Associés S.A.S waives any
liability in the event that the content of these sites contravenes the legal
and regulatory provisions in force.
LITIGATION:
These general
terms and conditions of online sales are subject to French law.
For resolution of
disputes relating to online transactions, you may check the platform made
available by the European Commission at the following address: http://ec.europa.eu/odr/
In all other
cases, the dispute will be brought before the competent courts of Paris,
France.
Legal Information and Website
Conditions
PLEASE READ THESE CONDITIONS CAREFULLY BEFORE YOU USE
THIS SITE
Use of this site is subject to your agreeing to adhere to the conditions for
use. If you do not agree with the terms stated below, please do not use this
site.
LEGAL INFORMATION
This website is owned and managed by Euro Disney Associés S.A.S., a company
registered under the laws of France under number 397 471 822 (SIREN) at the
trade and company register of Meaux, with registered head office at 1, rue de
la Galmy - 77700 Chessy, France, and share capital of 1.435.978.998,48€ - VAT
Intercommunity number : FR 07 397 471 822 ; Phone : 00.33.164744000
email address:
webmaster@disneylandparis.com
Chief Editor:
M. Jean David MARQUE
The website is hosted by Kodak Alaris France SAS,
registered in the Register of Commerce and Companies of Paris under number 794
137 638 RCS Paris, and whose registered office is located at 37-39 avenue
Ledru-Rollin, CS 11237, 75570 Paris Cedex 12 – Phone: Tel : +33 (0)1
76 46 00 02
RESTRICTIONS ON USE OF DOCUMENTS
No document originating from the www.disneyphotopass.eu site which is owned by
Disneyland Paris may be copied, reproduced, republished, down-loaded, posted,
transmitted or distributed by any means whatsoever except in the following
conditions: one copy of these documents may be down-loaded onto a microcomputer
for your personal use for non-commercial purposes only, on condition that you
do not alter the information and that you retain intact all copyrights and
other wording relating to ownership. Alteration of these documents or their use
for any other purpose shall constitute a breach of the copyright of Disney
Enterprises, Inc. (our licensor) and its other property rights. Under this
agreement, use of these documents on any other site or in any other network
computer environment is prohibited.
SUBMITTING IDEAS
The company Disneyland Paris is always pleased to receive assessments and
comments from people who enjoy its products, including the services available
on the www.disneyphotopass.eu site. However, due to our internal policies, we
are unable to accept or examine any creative idea, suggestion or document other
than those solicited by the company itself. We hope that you will understand
the aim of this policy, which is designed to prevent any future
misunderstandings or problems which might arise if projects developed by
Disneyland Paris employees were to show a resemblance to creative work
originating from third parties. We therefore regret that we must ask you never
to send us original or creative documents, such as stories, or ideas for
characters, game screens or any original artistic work. Although we appreciate
your interest in our services and products, we would ask you to keep your
comments as brief as possible, and not to send us creative documents,
suggestions or ideas. You will be aware that any suggestions, ideas, comments,
drawings or other documents of a creative nature (hereinafter referred to
collectively as the "Information") which are addressed to Disneyland
Paris, in spite of the latter's request to the contrary, will legally become
the property of Disneyland Paris, including all worldwide rights of use,
reproduction, representation and adaptation in media of any kind for
promotional or commercial purposes, and that no compensation will be paid under
this heading. None of the Information shall give rise to any obligation of
confidentiality on the part of Disneyland Paris, and our company shall in no
case be held liable for the use or disclosure of such Information.
INTELLECTUAL PROPERTY
Except for the trademarks and logos belonging to our partner Kodak Alaris, all Trade
marks, logos and drawings on this site are the property of Disney Enterprises,
Inc. Their disclosure shall in no case be interpreted as granting you a licence
or right to use any of the said trademarks and distinguishing elements
protected by copyright. Any such use would constitute an infringement.
ORGANISATION OF SERVICES SOLD ON THIS WEBSITE
Services on this website (downloading of pre-paid Images or sale of Images for
downloading) are provided by Kodak Alaris registered with the Register of
Commerce and Companies of Paris under number 794 137 638 RCS Paris, and whose
registered office is located at 37-39 avenue Ledru-Rollin, CS 11237, 75570
Paris Cedex 12 with a share capital of 592 660,00 € - VAT
Intercommunity number : FR 00794137638
SCOPE OF OBLIGATIONS OF DISNEYLAND PARIS
All the information accessible on this site is supplied without liability. The
documents on this site are designed purely to provide information and present
the activities of Disney PhotoPass. Please note: some of the information on
the site may be incorrect and Disneyland Paris cannot provide any express or
implicit guarantee as to its content. Disneyland Paris reserves the right to
modify this information at any time, in particular when updating the site. Nor
can Disneyland Paris guarantee that the documents on the site comply with your
local legislation if you have chosen to access the site from a different
region.
RESPONSIBILITY
You are entirely responsible for use of the information made available to you.
You are bound not to transmit on the site any information which may involve
third party or criminal liability and you undertake, through this site, not to
transmit information which is illegal, liable to cause a breach of the peace,
defamatory, etc. Having examined fully the characteristics of the Disney PhotoPass website, you cannot hold Disneyland Paris responsible for the use of the
information on the site or the site itself. Disneyland Paris shall therefore
not be held responsible for any direct or indirect damages arising from use of
the site or the impossibility of using the site. Furthermore, Disneyland Paris
does not give any guarantee, whether specific or implicit, and, in particular,
excludes any guarantee regarding the availability and conformity of the
functions of the site or the ability of the site to meet the requirements or
expectations of the user. Disneyland Paris does not guarantee that the
functions contained in these documents will be provided without any
interruptions or errors or that the faults will be corrected or that the site
or the server making them available is free from viruses or other dangerous
elements. The full cost of repair or correction services will fall upon you
(and not Disneyland Paris). In all circumstances, the total financial
responsibility of Disneyland Paris towards you shall not exceed, for all
damages you may have suffered, the price you have paid to access the site. No
information with a hypertext link to other sites is under the control of
Disneyland Paris, who shall therefore not be held responsible for content.
MISCELLANEOUS
This site complies with French legislation and in no circumstances can
Disneyland Paris guarantee compliance with your own local legislation if you are
accessing the site from another region. © Disney. All rights reserved.