Conditions of Use
Here are the terms and conditions governing your access to and use of the DxOMark website. By using the Site, you are agreeing to be bound by these conditions of use.
1. Using Site Content
1.1. Definition of the Content
We, DxOMark Image Labs (as defined in section 10 below), are publishing on the Site the following information about the image quality performance of a selection of commercial digital cameras and lenses (the “content” or “Site content,” or the “content of the Site”):
- Image Quality Database: a large set of measurement data relevant to digital camera image quality performance (i.e., color, noise, sensitivity, dynamic range, tonal range, metamerism);
- DxOMark and DxOMark Mobile scales: comparative ranking scales for camera sensors, for lenses coupled to specific camera bodies, and for mobile device cameras;
- Digital camera product sheets, including camera specifications, camera photos, and ranking results;
- Lens product sheets including lens specifications, lens photos, and ranking results;
- Reviews of specific commercially-available camera and lens models based on DxOMark Image Labs data and written by DxOMark Image Labs experts;
- Insights: articles and papers written by DxOMark Image Labs experts on topics pertaining to image quality.
To avoid doubt, the term “content” also includes all data, information, and material published on the Site, including but not limited to data, plots, value tables, graphs, logos, text, illustrations, graphics, pictures, images, photographs, software, videos, music, and sound.
1.2. Use of the Content
You acknowledge and agree that you are permitted to use the Site and its content only as expressly set out in these conditions of use.
1.2.1. The content of the Site is accessible to you either only for your own private personal use (“Private use”) or for limited professional use as defined in L122-5 of the Intellectual Property Code (“Fair Use”).
1.2.2. Subject to your acceptance of these terms and conditions of use, Fair Use permits you to, for example:
- Refer to Site content in your own published work (including but not limited to print or electronic media of any sort, videos, podcasts), so long as you clearly credit and provide links to our Site for your audience;
- Establish links to the Site from your site;
- Integrate limited extracts of the content within your own publications, magazine, website, or other media so long as such integration occurs without transforming our data, DxOMark scales, graphics, analyses, or other content,
- Such integration is done in a non-systematic manner;
- Such integrated content remains clearly attributed to DxOMark Image Labs: credits must be explicit and link(s) to the content must be highly visible;
- Such integrated link(s) or quotations are relevant and are not detrimental to dxomark.com, to DxOMark Image Labs, or to any of its products or services.
DxOMark Image Labs, at its sole discretion, can require you to cease and desist using the Site or its content in part or in whole.
1.2.3. Except as described above with respect to Fair Use, or as otherwise permitted in writing by DxOMark Image Labs, you MAY NOT:
- Copy, modify, reformat, distribute, license, transmit, sell, perform, publish, transfer, or otherwise make available any information available on the Site;
- Remove, change, or obscure in any way anything on the Site or otherwise use any material obtained while using the Site;
- Reverse engineer or decompile (whether in whole or in part) any software used on the Site;
- Copy or use any material from the Site for any commercial purpose whatsoever;
- Remove, obscure, or change any copyright, trademark or other intellectual property right notices contained in the original material or from any material copied or printed from the Site.
1.2.4. Use of Content by dxomark.com Expert Partners
If you are an owner or authorized agent of a photography magazine or website, or an authorized representative of a non-profit organization (such as a school or an association) involved in imaging, and wish to use the content of the Site beyond the terms of Fair Use stipulated above, you may be qualified to enter into our Expert Partners Program. Please contact us at email@example.com to get more information about the benefits and terms and conditions of this program.
1.2.5. Use of Site content by other imaging professionals:
If you are an owner, authorized representative, legal affiliate, agent, or employee of a corporate entity involved in imaging, you are NOT PERMITTED to access the content of this Site without first receiving a specific license from DxOMark Image Labs. Please contact us at firstname.lastname@example.org to obtain our terms and conditions for such professional use.
1.2.6. Other uses:
You understand that any and all other uses not specifically described above are excluded and must be explicitly granted by DxOMark Image Labs. Contact us at email@example.com to obtain our terms and conditions for such uses.
2. Intellectual Property rights and protection
2.1. DxOMark and its logo are registered trademarks of DxOMark Image Labs. Other trademarks referred to in the content of the Site are the property of third parties. Total or partial reproduction of DxOMark Image Labs’ trademarks without the prior written authorization of DxOMark Image Labs or such third parties is prohibited except as otherwise permitted in section 1.2.1. above.
2.2. The software for the Site is proprietary software and you may not use it except as expressly allowed. You may not copy, reverse engineer, modify, or otherwise manipulate the software.
2.3. The data, information, icons, photographs, images, texts, layout, video sequences (with or without sound), and other documents available on the Site are subject to industrial and/or intellectual property laws and are accordingly the property of DxOMark Image Labs or of third parties who have granted DxOMark Image Labs restricted use of their material. For this reason, any reproduction, representation, adaptation, translation and/or transformation, in whole or in part, or transfer to another site of this material is forbidden, except as otherwise permitted in section 1.2.1. above. Copying of material is authorized for private use.
2.4 Any reproduction, in whole or in part, of the Site or of one or several of its components, by whatsoever process, is forbidden without the express authorization of DxOMark Image Labs and constitutes an infringement under Article L.335-2 and subsequent articles of the French Intellectual Property Code. Their total or partial reproduction is strictly forbidden without the prior written approval of DxOMark Image Labs, except as otherwise permitted in section 1.2.1. above.
2.5 You are subject to the provisions of the French Data Protection Act, any breach of which is a criminal offense. You must refrain from using this Site or any of its content to collect, improperly solicit, misrepresent, obtain, or disseminate any information accessed in any way that is likely to undermine a person’s private life or reputation.
Private Use and Fair Use of Site content is entirely free of charge.
Contact DxOMark Image Labs to inquire about potential charges for any other use.
DxOMark Image Labs may, at its sole discretion, terminate or suspend access to all or part of the Site (including any right to access and use Site content) with or without cause and without prior notice. This right of termination is in addition to all other rights or remedies available to DxOMark Image Labs provided in these Conditions of Use and by French and international law.
5.1. Collection and use of personal information
DxOMark Image Labs acknowledges that it can collect, use, and store your personal information only with your consent and in accordance with the French law of January 6, 1978, related to computing, files, and liberties, and with Article 43 of the modified law of September 30, 1986. By law, typically when you benefit from extended use, make explicit inquiries, register for information or other services, or when you respond to DxOMark Image Labs communications (such as questionnaires or surveys), DxOMark Image Labs is legally allowed to collect and store such personal information.
If you choose to provide DxOMark Image Labs with any personal information, it will be used only in support of the intended purposes stated at the time at which it was collected, and will be subject to any preferences that you have indicated. You acknowledge that by providing data to DxOMark Image Labs, you consent to the processing of your data in accordance with this section.
5.2. Third-party access to your personal Information
DxOMark Image Labs will not sell, barter, trade, or otherwise convey or transmit the personal information of its users, registrants, or subscribers to any third party whatsoever for any reason. If at any time DxOMark Image Labs chooses to partner with another company or organization to conduct a survey, for example, site users will be informed on the site and will have the right to knowingly opt in to participate in any such survey or activity. In such instances, site users will be asked to explicitly grant permission to any such third party to use any personal information gathered.
5.3. Right of access to your personal Information
Under the provisions of the aforementioned law of January 6, 1978, you have the right to access and modify the information provided about yourself. To exercise this right, please write to: DxOMark Image Labs Marketing Department, 3 rue Nationale, 92100 Boulogne Billancourt, France.
5.4. Information Security
Please be aware that communications over the Internet, such as via email and web mail, are not secure unless they have been encrypted. DxOMark Image Labs cannot accept responsibility for any unauthorized access or loss of personal information that is beyond its control.
A cookie is a small file that is placed and stored on the user’s hard drive during a Site visit. This file allows the user to move quickly and easily around our Site. It is also used to identify returning users and, should the case arise, to identify subscribers and registrants (cookies are linked to registrants’ or subscribers’ e-mail addresses as a means of identifying them). This means that if you are a registrant or subscriber, you will not have to log in each time you visit. DxOMark Image Labs may also use a cookie to track users’ sessions.
You can delete cookies from your hard drive at any time. Bear in mind, though, that if you delete these cookies, you will have to reset such settings as your stored user name and password when you log in again. You will be able to use the Site even if you set your browser not to accept any cookies. However, certain features and content may not be available to you, and you will have to log in every time you visit.
5.6. Links to third-party sites
6. Disclaimer of Liability and Indemnity
The content of the Site is provided on an “as is” basis. DxOMark Image Labs makes no warranty, expressed or implied, nor assumes any legal liability (to the extent permitted by law) or responsibility for the suitability, reliability, timeliness, accuracy, or completeness of the content or any part thereof contained on the Site.
DxOMark Image Labs expressly disclaims all warranties, including but not limited to warranties of fitness for a particular purpose and warranties of merchantability. In no event will DxOMark Image Labs, its affiliates or other suppliers be liable for direct, special, incidental, or consequential damages (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising directly or indirectly from the use of (or failure to use) or reliance on the content or on the Site.
In no event will DxOMark Image Labs, its affiliates, agents and licensors (and/or any third party) incur any liability to you arising out of any kind of legal claim (contract, tort, or otherwise) or settlement in any way connected with the content or the Site or breach of these Conditions of Use by DxOMark Image Labs.
At DxOMark Image Labs’ request, you agree to defend, indemnify, and hold harmless DxOMark Image Labs from any claims and expenses, including legal fees, related to any breach of these conditions of use by you or your use of the content of the Site.
Parts of the Site may contain advertising or other third-party content. Advertisers and other content providers are responsible for ensuring that material submitted for inclusion on the Site complies with international and national law. DxOMark Image Labs is not responsible for any errors, omissions, or inaccuracies in third-party content or advertising material.
The Site may contain links to other web sites. DxOMark Image Labs is not responsible for the availability of these web sites or their contents. You acknowledge and agree that DxOMark Image Labs is not liable for any loss or damage which you may incur as a result of the availability or lack of availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy, or existence of any advertised products or other materials on, or available from, such web sites or their contents.
DxOMark Image Labs reserves the right, at its discretion, to suspend, change, modify, or terminate the Site or access to part or all of the Site content at any time.
DxOMark Image Labs reserves the right to revise these Conditions of Use at any time. Such modifications shall become effective after being published on the Site. By continuing to use the Site after any such published revision, you will be deemed to have accepted the new Conditions of Use.
8. Site Production
The Site has been produced and published, and is maintained by DxOMark Image Labs.
Website manager: firstname.lastname@example.org
Producer: DxOMark Image Labs SAS
3 rue Nationale, 92100 Boulogne Billancourt – France
RCS NANTERRE 821 245 503
Telephone: +33 155 20 55 99
The Publication Manager is the official agent of DxOMark Image Labs:
Site hosted by OVH SAS
140 Quai du Sartel, 59100 Roubaix, France
Capital stock : 500 000€ RCS Roubaix – Tourcoing 424 761 419 00011
9.1. Governing Law and Jurisdiction
These Conditions of Use are governed by and construed in accordance with the laws of France and you hereby submit to the exclusive jurisdiction of the Paris Commercial Court.
These Conditions of Use are severable in that if any provision is determined to be illegal or unenforceable by any court of competent jurisdiction, such provision shall be deemed to have been deleted without affecting the remaining provisions of these Conditions of Use.
DxOMark Image Labs’ failure to exercise any particular right or provision of these Conditions of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by DxOMark Image Labs in writing.
In entering into these Conditions of Use, you undertake that you will not assign, re-sell, sub-lease, or in any other way transfer your rights or obligations under these Conditions of Use or any part thereof. DxOMark Image Labs may assign these Conditions of Use in whole or in part to any third party at its discretion.
9.5. Force Majeure
DxOMark Image Labs shall not be liable for any breach of these conditions of use due to a force majeure event, as defined by French Law.
Notices to DxOMark Image Labs must be given in writing by physical letter and sent to DxOMark Image Labs’ last-published place of business in France.
“Content” has the meaning given to it in Clause 1.1;
“Conditions” or “Condition of Use” means the contract between DxOMark Image Labs and you establishing these terms and conditions;
“DxOMark Image Labs” means DxOMark Image Labs SAS, a company duly incorporated under the laws of France, registration number 821 245 503, with headquarters located at 3 rue Nationale, 92100 Boulogne Billancourt, France. DxOMark Image Labs may also be referred to as “we” or “us” in the Conditions of Use (and “our” shall be construed accordingly);
“You” means the visitor to the Site who enters into these Conditions of Use (and “your” shall be construed accordingly).