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  1,435,978,998.48 € 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.

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